HOUSE BILL NO. 51 "An Act relating to the Department of Environmental Conservation." CS FOR HOUSE BILL NO. 51(RLS) "An Act relating to the Department of Environmental Conservation; amending Rules 79 and 82, Alaska Rules of Civil Procedure; and providing for an effective date." CS FOR HOUSE BILL NO. 51(RLS) am "An Act relating to the Department of Environmental Conservation; amending Rules 79 and 82, Alaska Rules of Civil Procedure; and providing for an effective date." Representative Norm Rokeberg was invited to join the committee. As sponsor of the bill he explained HB 51 for the committee. He said they would be working from SCS CSHB 51() "Y version. He introduced his staff, Shirley Armstrong who noted the statutory provisions related to pollution standards. That would amend Rule 79. Senator Torgerson asked about page 4, section 4. Representative Rokeberg explained this was an environmental overlap. Senator Torgerson asked if Federal regulations were enforced by the State and Representative Rokeberg responded that perhaps sections 3, 4 or 5. Senator Torgerson further inquired if there was flexibility in issuing permits. Representative Rokeberg said the bill included a slimmed down version. MIKE CONWAY, Director, Division of Air and Water Quality, Department of Environmental Conservation was invited to join the committee. He commented on sections 1 through 6. He noted the department had the ability to work with applicants and those affected by EPA. In the final analysis, before reclassification was done of waters or the standards are changed they are not effective until the EPA does an approval. Natural water quality is the basis for water quality standards. He felt regulatory language since drafted would deal with this issue. The petition process is redundant of the existing process. The department feels it is inconsistent with the Federal law governing water quality standards. Senator Adams asked about the redundancy issue and Mr. Conway said they had the ability to take information from those who have concerns about the standards and deal directly with them. They have special work groups set up. Senator Adams further asked about section 5 and said this referred to natural conditions. Would this lower the standards the way it was now written? Mr. Conway said it had the possibility of doing that. They normally deal with the natural water quality through a permit. It would be a phenomenal burden to deal with this statewide if it were not based on a permit. JANICE ADAIR, Director, Division of Environmental Health, Department of Environmental Conservation was invited to join the committee. She continued on section 7 and said this would implement a new requirement in the Safe Drinking Water Act passed by Congress in 1996. She said it was required that states have administrative penalty authority for violations of that program. She noted the Federal law sets a level of $1000/day for violations of systems serving ten thousand people or more. She said the EPA penalties would not take effect until they said they must have it. Co-chair Sharp asked about entity as referred to in the draft version. Would the department prefer this be changed to "owner/operator"? Ms. Adair concurred adding "owner/operator of a public water system" as that was who they were talking about. She further added that the Anchorage Water and Waste Utility would also like to have assurance in the legislation that the department would have an informal review process. The department did not object to this request. She said they would be happy to work with staff on that particular language. Co-chair Sharp said there being no further questions by the committee that he would HOLD HB 51 in committee. He then called SJR 35.