SB 110: "An Act relating to regulation of the discharge of pollutants under the National Pollutant Discharge Elimination System; and providing for an effective date."
00 SENATE BILL NO. 110 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 the 07 state's responsibility as a trustee of the environment and manager of the state's land and water 08 resources requires greater state control over permitting programs affecting all land and waters 09 within the state, including programs such as the National Pollutant Discharge Elimination 10 System administered by the United States Environmental Protection Agency under 33 U.S.C. 11 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 such 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 effectuate the purposes of this 04 chapter, including, by way of example and not limitation, regulations providing for 05 (A) control, prevention, and abatement of air, water, or land or 06 subsurface land pollution; 07 (B) safeguard standards for petroleum and natural gas pipeline 08 construction, operation, modification, or alteration; 09 (C) protection of public water supplies by establishing 10 minimum drinking water standards, and standards for the construction, 11 improvement, and maintenance of public water supply systems; 12 (D) collection and disposal of sewage and industrial waste; 13 (E) collection and disposal of garbage, refuse, and other 14 discarded solid materials from industrial, commercial, agricultural, and 15 community activities or operations; 16 (F) control of pesticides; 17 (G) other purposes as may be required for the implementation 18 of the policy declared in AS 46.03.010; 19 (H) handling, transportation, treatment, storage, and disposal of 20 hazardous wastes; 21 (11) inspect the premises of sellers and suppliers of paint, vessels, and 22 marine and boating supplies, and take other actions necessary to enforce 23 AS 46.03.715; 24 (12) notwithstanding any other provision of law, take all actions 25 necessary to receive authorization from the administrator of the United States 26 Environmental Protection Agency to administer and enforce a [PARTIAL] National 27 Pollutant Discharge Elimination System program in accordance with 33 U.S.C. 1342 28 (sec. 402, Clean Water Act), 33 U.S.C. 1345 (sec. 405, Clean Water Act), [AND] 40 29 C.F.R. Part 123, and 40 C.F.R. Part 403, as amended [COVERING DISCHARGES 30 ASSOCIATED WITH TIMBER-RELATED ACTIVITIES]. 31 * Sec. 4. AS 46.03.100 is amended by adding a new subsection to read:
01 (h) The program developed to issue permits by the department to authorize 02 discharge of pollutants into surface waters, and submitted to the United States 03 Environmental Protection Agency for approval under 33 U.S.C. 1342 (sec. 402, Clean 04 Water Act) shall include the following: 05 (1) the monitoring and reporting requirements included in such permits 06 are limited to those requirements mandated by law, including any legal settlements, 07 and those necessary to ascertain compliance with the effluent limitations contained in 08 the permit and with state water quality standards; 09 (2) a person who applies for a permit under the program has the 10 opportunity to review a draft permit, and to discuss it with the staff of the department, 11 before that draft permit undergoes public notice and comment under AS 46.03.110; 12 (3) a person who applies for a permit under the program has the 13 opportunity to review a proposed final permit, and to discuss it with the staff of the 14 department, before the department issues the permit; 15 (4) the department shall develop in regulations a process for using 16 contractors to assist it in the development of the permit to be issued by the department; 17 and 18 (5) a permit issued under the program is not automatically stayed by 19 the filing of a request for an adjudicatory hearing on the permit; a request to stay a 20 permit issued under the program shall be decided by the commissioner or the 21 commissioner's designee. 22 * Sec. 5. AS 46.03.120(b) is amended to read: 23 (b) The department may modify a permit or other authorization issued under 24 AS 46.03.100, or may rescind a person's authority to dispose of waste in accordance 25 with regulations adopted under AS 46.03.100(b)(3), 26 (1) for any of the causes for termination listed in (a) of this section; 27 (2) if the department finds that a material change in the quality or 28 classification of the waters of the state has occurred; or 29 (3) in the case of a permit issued under a federally approved program 30 under 33 U.S.C. 1342 (sec. 402, Clean Water Act), as provided in regulations adopted 31 under AS 46.03.020(12) [FOR TIMBER-RELATED ACTIVITIES].
01 * Sec. 6. This Act takes effect immediately under AS 01.10.070(c).