CSSB 110(FIN): "An Act relating to regulation of the discharge of pollutants under the National Pollutant Discharge Elimination System; and providing for an effective date."
00 CS FOR SENATE BILL NO. 110(FIN) 01 "An Act relating to regulation of the discharge of pollutants under the National 02 Pollutant Discharge Elimination System; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 05 to read: 06 LEGISLATIVE FINDINGS AND INTENT. (a) The legislature finds that fulfilling 07 the state's responsibility as a trustee of the environment and manager of the state's land and 08 water resources requires greater state control over permitting programs affecting all land and 09 waters within the state, including programs such as the National Pollutant Discharge 10 Elimination System administered by the United States Environmental Protection Agency 11 under 33 U.S.C. 1342 (sec. 402, Clean Water Act). 12 (b) It is the intent of the legislature that the Department of Environmental 13 Conservation 14 (1) seek National Pollutant Discharge Elimination System primacy, with a
01 complete application for such primacy to be filed with the United States Environmental 02 Protection Agency by June 30, 2006; and 03 (2) maintain a workgroup with representatives of affected permittees and the 04 United States Environmental Protection Agency to meet and confer as needed during the 05 period that the Department of Environmental Conservation is designing its permitting 06 program and seeking United States Environmental Protection Agency approval of the 07 program. 08 * Sec. 2. AS 44.46.025(a) is amended to read: 09 (a) Except as otherwise provided in AS 37.10.050 - 37.10.056, the Department 10 of Environmental Conservation may adopt regulations that prescribe reasonable fees, 11 and establish procedures for the collection of those fees, to cover the applicable direct 12 costs, not including travel except in the case of a designated regulatory service, as that 13 term is defined in AS 37.10.058, of inspections, permit preparation and administration, 14 plan review and approval, and other services provided by the department relating to 15 (1) agriculture and animals under AS 03.05; food, drugs, and 16 cosmetics under AS 17.20; and public accommodations and facilities under AS 18.35; 17 (2) certificates of inspection for motor vehicles under AS 46.14.400 or 18 46.14.510; 19 (3) drinking water systems under AS 46.03.720; 20 (4) water and wastewater operator training under AS 46.30; 21 (5) waste management and disposal authorizations under 22 AS 46.03.100; 23 (6) certification of laboratories conducting environmental analyses of 24 public drinking water systems or of oil or hazardous substances, or conducting other 25 analyses required by the department; 26 (7) certification of federal permits or authorizations under 33 U.S.C. 27 1341 (sec. 401, Clean Water Act); 28 (8) regulation of point source discharges of pollutants [ASSOCIATED 29 WITH TIMBER-RELATED ACTIVITIES] under the program authorized by 30 AS 46.03.020(12). 31 * Sec. 3. AS 46.03.020 is amended to read:
01 Sec. 46.03.020. Powers of the department. The department may 02 (1) enter into contracts and compliance agreements necessary or 03 convenient to carry out the functions, powers, and duties of the department; 04 (2) review and appraise programs and activities of state departments 05 and agencies in light of the policy set out in AS 46.03.010 for the purpose of 06 determining the extent to which the programs and activities are contributing to the 07 achievement of that policy and to make recommendations to the departments and 08 agencies, including [BUT NOT LIMITED TO,] environmental guidelines; 09 (3) consult with and cooperate with 10 (A) officials and representatives of any nonprofit corporation or 11 organization in the state; 12 (B) persons, organizations, and groups, public and private, 13 using, served by, interested in, or concerned with the environment of the state; 14 (4) appear and participate in proceedings before any state or federal 15 regulatory agency involving or affecting the purposes of the department; 16 (5) undertake studies, inquiries, surveys, or analyses it may consider 17 essential to the accomplishment of the purposes of the department; these activities 18 may be carried out by the personnel of the department or in cooperation with public or 19 private agencies, including educational, civic, and research organizations, colleges, 20 universities, institutes, and foundations; 21 (6) at reasonable times, enter and inspect with the consent of the owner 22 or occupier any property or premises to investigate either actual or suspected sources 23 of pollution or contamination or to ascertain compliance or noncompliance with a 24 regulation that may be adopted under AS 46.03.020 - 46.03.040; information relating 25 to secret processes or methods of manufacture discovered during investigation is 26 confidential; 27 (7) conduct investigations and hold hearings and compel the 28 attendance of witnesses and the production of accounts, books, and documents by the 29 issuance of a subpoena; 30 (8) advise and cooperate with municipal, regional, and other local 31 agencies and officials in the state, to carry out the purposes of this chapter;
01 (9) act as the official agency of the state in all matters affecting the 02 purposes of the department under federal laws now or hereafter enacted; 03 (10) adopt regulations necessary to carry out [EFFECTUATE] the 04 purposes of this chapter, including, by way of example and not limitation, regulations 05 providing for 06 (A) control, prevention, and abatement of air, water, or land or 07 subsurface land pollution; 08 (B) safeguard standards for petroleum and natural gas pipeline 09 construction, operation, modification, or alteration; 10 (C) protection of public water supplies by establishing 11 minimum drinking water standards, and standards for the construction, 12 improvement, and maintenance of public water supply systems; 13 (D) collection and disposal of sewage and industrial waste; 14 (E) collection and disposal of garbage, refuse, and other 15 discarded solid materials from industrial, commercial, agricultural, and 16 community activities or operations; 17 (F) control of pesticides; 18 (G) other purposes as may be required for the implementation 19 of the policy declared in AS 46.03.010; 20 (H) handling, transportation, treatment, storage, and disposal of 21 hazardous wastes; 22 (11) inspect the premises of sellers and suppliers of paint, vessels, and 23 marine and boating supplies, and take other actions necessary to enforce 24 AS 46.03.715; 25 (12) notwithstanding any other provision of law, take all actions 26 necessary to receive authorization from the administrator of the United States 27 Environmental Protection Agency to administer and enforce a [PARTIAL] National 28 Pollutant Discharge Elimination System program in accordance with 33 U.S.C. 1342 29 (sec. 402, Clean Water Act), 33 U.S.C. 1345 (sec. 405, Clean Water Act), [AND] 40 30 C.F.R. Part 123, and 40 C.F.R. Part 403, as amended [COVERING DISCHARGES 31 ASSOCIATED WITH TIMBER-RELATED ACTIVITIES].
01 * Sec. 4. AS 46.03.100 is amended by adding a new subsection to read: 02 (h) The program developed to issue permits by the department to authorize 03 discharge of pollutants into surface waters and submitted to the United States 04 Environmental Protection Agency for approval under 33 U.S.C. 1342 (sec. 402, Clean 05 Water Act) shall include the following: 06 (1) the monitoring and reporting requirements included in the permits 07 are limited to those requirements mandated by law, including any legal settlements, 08 and those necessary to ascertain compliance with the effluent limitations contained in 09 the permit and with state water quality standards; 10 (2) a person who applies for a permit under the program has the 11 opportunity to review a draft permit and to discuss it with the staff of the department 12 before that draft permit undergoes public notice and comment under AS 46.03.110; 13 (3) a person who applies for a permit under the program has the 14 opportunity to review a proposed final permit and to discuss it with the staff of the 15 department before the department issues the permit; 16 (4) the department shall develop in regulations a process for using 17 contractors to assist it in the development of the permit to be issued by the department; 18 and 19 (5) a permit issued under the program is not automatically stayed by 20 the filing of a request for an adjudicatory hearing on the permit; a request to stay a 21 permit issued under the program shall be decided by the commissioner or the 22 commissioner's designee. 23 * Sec. 5. AS 46.03.120(b) is amended to read: 24 (b) The department may modify a permit or other authorization issued under 25 AS 46.03.100, or may rescind a person's authority to dispose of waste in accordance 26 with regulations adopted under AS 46.03.100(b)(3), 27 (1) for any of the causes for termination listed in (a) of this section; 28 (2) if the department finds that a material change in the quality or 29 classification of the waters of the state has occurred; or 30 (3) in the case of a permit issued under a federally approved program 31 under 33 U.S.C. 1342 (sec. 402, Clean Water Act), as provided in regulations adopted
01 under AS 46.03.020(12) [FOR TIMBER-RELATED ACTIVITIES]. 02 * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 03 read: 04 REPORT TO THE LEGISLATURE. Until full authority for administering the 05 National Pollutant Discharge Elimination System has been transferred to the Department of 06 Environmental Conservation, the Department of Environmental Conservation shall submit, 07 within 10 days after the date the legislature convenes in regular session, a report to both 08 houses of the legislature and the governor that includes the following information: 09 (1) the department's progress in preparing and submitting its application to the 10 United States Environmental Protection Agency by June 30, 2006; 11 (2) a description of the progress by the United States Environmental 12 Protection Agency in reviewing the state's application and the expected or actual date and 13 contents of the agency's approval; and 14 (3) the progress made by the Department of Environmental Conservation and 15 the United States Environmental Protection Agency during the five-year National Pollutant 16 Discharge Elimination System program transition period, the identification of the program 17 responsibilities that have been transferred to the Department of Environmental Conservation 18 and the program responsibilities retained by the United States Environmental Protection 19 Agency, and whether the transition is proceeding on schedule. 20 * Sec. 7. This Act takes effect immediately under AS 01.10.070(c).