HB 78: "An Act establishing authority for the state to evaluate and seek primacy for administering the regulatory program for dredge and fill activities allowed to individual states under federal law and relating to the authority; and providing for an effective date."
00 HOUSE BILL NO. 78 01 "An Act establishing authority for the state to evaluate and seek primacy for 02 administering the regulatory program for dredge and fill activities allowed to individual 03 states under federal law and relating to the authority; and providing for an effective 04 date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 07 to read: 08 FINDINGS. The legislature finds that 09 (1) there are millions of waterbodies and tens of millions of acres of wetlands 10 within the state's boundaries; 11 (2) under 33 U.S.C. 1344 (sec. 404, Clean Water Act), individual states are 12 allowed to assume regulatory primacy over certain dredge and fill activities in the state, which 13 is consistent with congressional intent under 33 U.S.C. 1251 (sec. 101, Clean Water Act) that 14 states have the primary responsibilities and right to prevent, reduce, and eliminate pollution
01 and to plan the development and use, including restoration, preservation, and enhancement of 02 land and water resources within their respective states; 03 (3) other states have already assumed or continue to examine primacy for 04 dredge and fill activities under 33 U.S.C. 1344 (sec. 404, Clean Water Act); 05 (4) the Department of Environmental Conservation and the Department of 06 Natural Resources possess substantial expertise to administer the dredge and fill permitting 07 system allowed to individual states under 33 U.S.C. 1344 (sec. 404, Clean Water Act); and 08 (5) there are benefits to the state for the Department of Environmental 09 Conservation and Department of Natural Resources to assume the dredge and fill permitting 10 responsibilities. 11 * Sec. 2. AS 44.37.020 is amended by adding a new subsection to read: 12 (c) The Department of Natural Resources in coordination with the Department 13 of Environmental Conservation may take actions necessary to administer and enforce 14 any dredge and fill permitting program allowed under 33 U.S.C. 1344 (sec. 404, Clean 15 Water Act), including the adoption of regulations under AS 44.62 (Administrative 16 Procedure Act). 17 * Sec. 3. AS 46.03.020 is amended to read: 18 Sec. 46.03.020. Powers of the department. The department may 19 (1) enter into contracts and compliance agreements necessary or 20 convenient to carry out the functions, powers, and duties of the department; 21 (2) review and appraise programs and activities of state departments 22 and agencies in light of the policy set out in AS 46.03.010 for the purpose of 23 determining the extent to which the programs and activities are contributing to the 24 achievement of that policy and to make recommendations to the departments and 25 agencies, including environmental guidelines; 26 (3) consult with and cooperate with 27 (A) officials and representatives of any nonprofit corporation or 28 organization in the state; 29 (B) persons, organizations, and groups, public and private, 30 using, served by, interested in, or concerned with the environment of the state; 31 (4) appear and participate in proceedings before any state or federal
01 regulatory agency involving or affecting the purposes of the department; 02 (5) undertake studies, inquiries, surveys, or analyses it may consider 03 essential to the accomplishment of the purposes of the department; these activities 04 may be carried out by the personnel of the department or in cooperation with public or 05 private agencies, including educational, civic, and research organizations, colleges, 06 universities, institutes, and foundations; 07 (6) at reasonable times, enter and inspect with the consent of the owner 08 or occupier any property or premises to investigate either actual or suspected sources 09 of pollution or contamination or to ascertain compliance or noncompliance with a 10 regulation that may be adopted under AS 46.03.020 - 46.03.040; information relating 11 to secret processes or methods of manufacture discovered during investigation is 12 confidential; 13 (7) conduct investigations and hold hearings and compel the 14 attendance of witnesses and the production of accounts, books, and documents by the 15 issuance of a subpoena; 16 (8) advise and cooperate with municipal, regional, and other local 17 agencies and officials in the state, to carry out the purposes of this chapter; 18 (9) act as the official agency of the state in all matters affecting the 19 purposes of the department under federal laws now or hereafter enacted; 20 (10) adopt regulations necessary to carry out the purposes of this 21 chapter, including, by way of example and not limitation, regulations providing for 22 (A) control, prevention, and abatement of air, water, or land or 23 subsurface land pollution; 24 (B) safeguard standards for petroleum and natural gas pipeline 25 construction, operation, modification, or alteration; 26 (C) protection of public water supplies by establishing 27 minimum drinking water standards, and standards for the construction, 28 improvement, and maintenance of public water supply systems; 29 (D) collection and disposal of sewage and industrial waste; 30 (E) collection and disposal of garbage, refuse, and other 31 discarded solid materials from industrial, commercial, agricultural, and
01 community activities or operations; 02 (F) control of pesticides; 03 (G) other purposes as may be required for the implementation 04 of the policy declared in AS 46.03.010; 05 (H) handling, transportation, treatment, storage, and disposal of 06 hazardous wastes; 07 (11) inspect the premises of sellers and suppliers of paint, vessels, and 08 marine and boating supplies, and take other actions necessary to enforce 09 AS 46.03.715; 10 (12) notwithstanding any other provision of law, take all actions 11 necessary to receive authorization from the administrator of the United States 12 Environmental Protection Agency to administer and enforce a National Pollutant 13 Discharge Elimination System program in accordance with 33 U.S.C. 1342 (sec. 402, 14 Clean Water Act), 33 U.S.C. 1345 (sec. 405, Clean Water Act), 40 C.F.R. Part 123, 15 and 40 C.F.R. Part 403, as amended; 16 (13) require the owner or operator of a facility to undertake 17 monitoring, sampling, and reporting activities described in 33 U.S.C. 1318 (sec. 308, 18 Clean Water Act); 19 (14) notwithstanding any other provision of law, take all actions 20 necessary to receive federal authorization of a state program for the department 21 and the Department of Natural Resources to administer and enforce a dredge 22 and fill permitting program allowed under 33 U.S.C. 1344 (sec. 404, Clean Water 23 Act) and to implement the program, if authorized. 24 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 25 read: 26 STATE EVALUATION AND ASSUMPTION OF PRIMACY OF THE DREDGE 27 AND FILL PERMITTING PROGRAM ALLOWED UNDER 33 U.S.C. 1344 (SEC. 404, 28 CLEAN WATER ACT). (a) The Department of Environmental Conservation, in coordination 29 with the Department of Natural Resources, shall continue to evaluate the potential benefits, 30 costs, and consequences of assuming primacy of the dredge and fill permitting program 31 allowed under 33 U.S.C. 1344 (sec. 404, Clean Water Act) and take reasonable steps to
01 assume primacy of the program. 02 (b) The Department of Environmental Conservation may file an application seeking 03 primacy for the Department of Environmental Conservation and the Department of Natural 04 Resources to regulate dredge and fill activities under 33 U.S.C. 1344 (Sec. 404, Clean Water 05 Act). 06 (c) The Department of Environmental Conservation and the Department of Natural 07 Resources may adopt regulations under AS 44.62 (Administrative Procedure Act) that are 08 necessary to obtain federal approval of the regulation of dredge and fill activities under 09 33 U.S.C. 1344 (sec. 404, Clean Water Act). 10 * Sec. 5. This Act takes effect immediately under AS 01.10.070(c).