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