Legislature(2001 - 2002)

04/03/2002 03:40 PM Senate RES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
         SB 356-GENERAL PERMIT FOR WATER/WASTE DISPOSAL                                                                     
                                                                                                                                
CHAIRMAN TORGERSON announced SB 356 to be up for consideration.                                                                 
                                                                                                                                
SENATOR GENE THERRIAULT,  sponsor of SB 356, said  the legislation                                                              
was  introduced to  assure that  the  Department of  Environmental                                                              
Conservation (DEC) could continue  to issue the general permits as                                                              
it has done for a number of years. He explained:                                                                                
                                                                                                                                
     Legislation  was  passed  a  couple of  years  ago  that                                                                   
     allowed the DEC  to work on a uniform fee  structure for                                                                   
     general permits  that were to  be issued for  ongoing or                                                                   
     basic types  of permitted activities, HB 361.  This bill                                                                   
     is  to  insure  the DEC  has  the  underlying  statutory                                                                   
     authority  to  actually  issue   the  permits  that  the                                                                   
     legislature  approved   the  fee  structure   for  then.                                                                   
     Examples  of the types  of permits  are remote camps  or                                                                   
     lodges,  logging camps, fish  hatcheries, sewer  systems                                                                   
     for communities  with fewer than 1,000 people,  and some                                                                   
     oil well drilling  operations. The value of  the general                                                                   
     permits are that they allow  DEC to avoid duplication by                                                                   
     creating  one  permit  instead   of  multiple  identical                                                                   
     permits for activities  where the risk of  impact to the                                                                   
     environment  is either  low or can  be easily  mitigated                                                                   
     with common  treatment practices.  General permits  save                                                                   
     DEC  and the regulated  community time  and money  while                                                                   
     accomplishing  the  goal  of  environmental  protection.                                                                   
     General  permits go  hand in  hand with  the permit  fee                                                                   
     structure that  was created. General permits  also allow                                                                   
     DEC to allocate more resources  to field site visits and                                                                   
     inspections, because  they don't have to  have personnel                                                                   
     tied up in the department sort  of reinventing the wheel                                                                   
     over and over.                                                                                                             
                                                                                                                                
He  said they  worked with  DEC to  draft this  language and  that                                                              
committee  packets contain  a letter  from DEC  that contains  two                                                              
concerns. The first concern is on page 1:                                                                                       
                                                                                                                                
     First,  general permits,  in our  view, are  appropriate                                                                   
     only  when the  risk and  impact to  the environment  is                                                                   
     either low  or can be  readily and fully mitigated  with                                                                   
     common treatment practices.                                                                                                
                                                                                                                                
SENATOR THERRIAULT  thought this concern was addressed  in Section                                                              
3 on page 2, lines 23 - 25, of the bill, which reads:                                                                           
                                                                                                                                
     A general permit may be issued  only if the commissioner                                                                   
     determines that  the activities that will  be authorized                                                                   
     under the  permit are similar  in nature and  will cause                                                                   
     only   minimal   adverse  environmental   effects   when                                                                   
     performed separately and in the aggregate.                                                                                 
                                                                                                                                
SENATOR  THERRIAULT said  Section  3 gives  the commissioner  wide                                                              
latitude to  determine when  the permit  is appropriate.  He noted                                                              
DEC's second concern reads:                                                                                                     
                                                                                                                                
     The  procedures  for  developing   and  issuing  general                                                                   
     permits  set  out  in statute,  must  describe  how  the                                                                   
     public  can comment  on a  proposed  general permit  and                                                                   
     must   provide  for   a  reasonable   dissemination   of                                                                   
     information  on which the  facilities or activities  are                                                                   
     operating under a general permit.                                                                                          
                                                                                                                                
He believes Section 6 addresses that concern and read:                                                                          
                                                                                                                                
     The commissioner  shall immediately  send copies  of the                                                                   
     application or proposal to the  commissioner of fish and                                                                   
     game,  the   commissioner  of  natural   resources,  the                                                                   
     commissioner of  community and economic  development and                                                                   
     the commissioner of health and social services.                                                                            
                                                                                                                                
Section  6  explains how  the  information  is provided  to  other                                                              
departments that might have a concern.                                                                                          
                                                                                                                                
CHAIRMAN  TORGERSON asked  Mr. Chapple,  DEC, if his  department's                                                              
concerns were addressed in the bill.                                                                                            
                                                                                                                                
MR. TOM  CHAPPLE, Director,  Air and Water  Quality, DEC,  said he                                                              
supported SB 356 as written.                                                                                                    
                                                                                                                                
MR.  BILL JEFFRESS,  Manager,  Environmental  Services,  Fairbanks                                                              
Coal  Mining, and  Vice President,  Council  of Alaska  Producers,                                                              
said as  the Vice  President of  the Producers'  Council he  was a                                                              
representative of the  DEC sponsored work group that  came up with                                                              
recommendations  over  the  course  of  a  year  and  a  half.  He                                                              
commented:                                                                                                                      
                                                                                                                                
     One of  the things we  found very important  and crucial                                                                   
     to DEC's credibility as a regulating  community is these                                                                   
     general  permits and, as  Senator Therriault said,  this                                                                   
     is  an  efficient  way  of   minimizing  the  amount  of                                                                   
     resources  DEC  expends on  writing  individual  permits                                                                   
     that  cover  basically  the  same  issues.  The  general                                                                   
     permits cut  down on the  redundancy and what  is really                                                                   
     important  is to  show a  field presence.  I think  it's                                                                   
     good for the regulated community  and the credibility of                                                                   
     DEC's program as far as their  oversight and making sure                                                                   
     that  the resources  of Alaska  are  protected. I  think                                                                   
     Senator   Therriault    did   an   excellent    job   of                                                                   
     characterizing  all  of  the  bill. What  we  wanted  to                                                                   
     emphasize is that  we not only supported HB  361, but SB
     356  clarifies  what  exactly  DEC's  authority  is.  We                                                                   
     support the bill.                                                                                                          
                                                                                                                                
MS.  CHARLOTTE  MCCAY,  Senior  Administrator,  Environmental  and                                                              
Regulatory Affairs,  Tec-Cominco Alaska, operators of  the Red Dog                                                              
Mine, said:                                                                                                                     
                                                                                                                                
     Industry  is  reliant  on  DEC  for  numerous  important                                                                   
     permits.  DEC   can  be  most  effective   by  providing                                                                   
     standardized  general  permits  for  similar  facilities                                                                   
     with similar environmental risks.  This frees DEC's time                                                                   
     and   resources   to  address   more   significant   and                                                                   
     individualized  permits. DEC is  then more efficient  in                                                                   
     fulfilling  their  duties  and  industry  receives  more                                                                   
     timely permits.  At Red Dog,  we had many  permits. That                                                                   
     takes a lot  of time and it's important to  us that they                                                                   
     be available as best possible.                                                                                             
                                                                                                                                
MR. TAD  OWENS, Executive  Director, Resource Development  Council                                                              
(RDC), said the  RDC has worked with the legislature  and DEC over                                                              
the last  several years  on permit streamlining  and this  bill is                                                              
another step in that direction. He elaborated:                                                                                  
                                                                                                                                
     There are two reasons why RDC  is strongly in support of                                                                   
     this legislation.  The first is we feel  general permits                                                                   
     are a  real win-win. It not  only allows DEC  to operate                                                                   
     more  efficiently  and  allocate  their  resources  more                                                                   
     effectively  across  the broad  array  of services  they                                                                   
     need  to provide,  but it  gives industry  a great  deal                                                                   
     more  predictability  and certainty  and  simplicity  in                                                                   
     dealing  with  essentially   repetitive  and  diminimous                                                                   
     activities in terms of environmental impact.                                                                               
                                                                                                                                
     And,  secondly,  as  Senator  Therriault  mentioned,  we                                                                   
     worked very closely  with the legislature on  HB 361 and                                                                   
     are very happy to report that  industry and the agencies                                                                   
     have fared  very well under  that new fee  structure and                                                                   
     this bill essentially  assures that DEC will  be able to                                                                   
     match  up general permits  with the  fixed fees that  HB
     361 supported… We very much support the bill.                                                                              
                                                                                                                                
CHAIRMAN TORGERSON  thanked everyone for their testimony  and said                                                              
they would hold the bill for a quorum.                                                                                          
         SB 356-GENERAL PERMIT FOR WATER/WASTE DISPOSAL                                                                     
                                                                                                                                
CHAIRMAN TORGERSON announced SB 356 to be up for consideration.                                                                 
                                                                                                                                
SENATOR  WILKEN  moved  SB  356  from  committee  with  individual                                                              
recommendations  and zero  fiscal note.  There were no  objections                                                              
and it was so ordered.                                                                                                          

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