Enrolled HB 546: Relating to regulation of the discharge of pollutants from timber-related activities under the National Pollutant Discharge Elimination System; relating to waste treatment and disposal permits; making conforming amendments; and providing for an effective date.
00Enrolled HB 546 01 Relating to regulation of the discharge of pollutants from timber-related activities under the 02 National Pollutant Discharge Elimination System; relating to waste treatment and disposal 03 permits; making conforming amendments; and providing for an effective date. 04 _______________ 05 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 06 to read: 07 LEGISLATIVE FINDINGS AND INTENT. (a) The legislature finds that 08 (1) fulfilling the state's responsibilities as a trustee of the environment and 09 manager of the state's land and water resources requires greater state control over permitting 10 programs affecting all land and waters within the state, including programs such as the 11 National Pollutant Discharge Elimination System administered by the United States 12 Environmental Protection Agency under 33 U.S.C. 1342 (sec. 402, Clean Water Act); 13 (2) assuming primacy over a portion of the NPDES program limited to a
01 single industry sector would enable the state to gain experience in administering the program 02 and coordinating with the Environmental Protection Agency at a pilot-project level; 03 (3) Alaska's timber industry sector is a good subject for single-sector primacy 04 assumption because the Department of Environmental Conservation already possesses 05 substantial expertise on technological and water-quality-related aspects of timber industry 06 discharges to the waters of the state. 07 (b) It is the intent of the legislature that the Department of Environmental 08 Conservation seek partial NPDES primacy for the timber sector and, if partial primacy is 09 approved, administer a state timber NPDES program for the purposes of providing greater 10 state control over a portion of this permitting program and gaining experience with NPDES 11 permitting for use in future consideration of broader assumption of the NPDES program. 12 * Sec. 2. AS 44.46.025(a) is amended to read: 13 (a) Except as otherwise provided in AS 37.10.050 - 37.10.056, the Department 14 of Environmental Conservation may adopt regulations that prescribe reasonable fees, 15 and establish procedures for the collection of those fees, to cover the applicable direct 16 costs, not including travel except in the case of a designated regulatory service, as that 17 term is defined in AS 37.10.058, of inspections, permit preparation and administration, 18 plan review and approval, and other services provided by the department relating to 19 (1) agriculture and animals under AS 03.05; food, drugs, and 20 cosmetics under AS 17.20; and public accommodations and facilities under AS 18.35; 21 (2) certificates of inspection for motor vehicles under AS 46.14.400 or 22 46.14.510; 23 (3) sewerage system and treatment works, [AND] wastewater disposal 24 systems, and drinking water systems [,] under AS 46.03.720; 25 (4) water and wastewater operator training under AS 46.30; 26 (5) control of solid waste facilities under AS 46.03.020(10) and 27 46.03.100; 28 (6) certification of laboratories conducting environmental analyses of 29 public drinking water systems or of oil or hazardous substances, or conducting other 30 analyses required by the department; 31 (7) certification of federal permits or authorizations under 33 U.S.C.
01 1341 (sec. 401, Clean Water Act); 02 (8) regulation of point source discharges of pollutants associated 03 with timber-related activities under the program authorized by AS 46.03.020(12). 04 * Sec. 3. AS 46.03.020 is amended to read: 05 Sec. 46.03.020. Powers of the department. The department may 06 (1) enter into contracts and compliance agreements necessary or 07 convenient to carry out the functions, powers, and duties of the department; 08 (2) review and appraise programs and activities of state departments 09 and agencies in light of the policy set out in AS 46.03.010 for the purpose of 10 determining the extent to which the programs and activities are contributing to the 11 achievement of that policy and to make recommendations to the departments and 12 agencies, including but not limited to, environmental guidelines; 13 (3) consult with and cooperate with 14 (A) officials and representatives of any nonprofit corporation or 15 organization in the state; 16 (B) persons, organizations, and groups, public and private, 17 using, served by, interested in, or concerned with the environment of the state; 18 (4) appear and participate in proceedings before any state or federal 19 regulatory agency involving or affecting the purposes of the department; 20 (5) undertake studies, inquiries, surveys, or analyses it may consider 21 essential to the accomplishment of the purposes of the department; these activities 22 may be carried out by the personnel of the department or in cooperation with public or 23 private agencies, including educational, civic, and research organizations, colleges, 24 universities, institutes, and foundations; 25 (6) at reasonable times, enter and inspect with the consent of the owner 26 or occupier any property or premises to investigate either actual or suspected sources 27 of pollution or contamination or to ascertain compliance or noncompliance with a 28 regulation that may be adopted under AS 46.03.020 - 46.03.040; information relating 29 to secret processes or methods of manufacture discovered during investigation is 30 confidential; 31 (7) conduct investigations and hold hearings and compel the
01 attendance of witnesses and the production of accounts, books, and documents by the 02 issuance of a subpoena; 03 (8) advise and cooperate with municipal, regional, and other local 04 agencies and officials in the state, to carry out the purposes of this chapter; 05 (9) act as the official agency of the state in all matters affecting the 06 purposes of the department under federal laws now or hereafter enacted; 07 (10) adopt regulations necessary to effectuate the purposes of this 08 chapter, including, by way of example and not limitation, regulations providing for 09 (A) control, prevention, and abatement of air, water, or land or 10 subsurface land pollution; 11 (B) safeguard standards for petroleum and natural gas pipeline 12 construction, operation, modification, or alteration; 13 (C) protection of public water supplies by establishing 14 minimum drinking water standards, and standards for the construction, 15 improvement, and maintenance of public water supply systems; 16 (D) collection and disposal of sewage and industrial waste; 17 (E) collection and disposal of garbage, refuse, and other 18 discarded solid materials from industrial, commercial, agricultural, and 19 community activities or operations; 20 (F) control of pesticides; 21 (G) other purposes as may be required for the implementation 22 of the policy declared in AS 46.03.010; 23 (H) handling, transportation, treatment, storage, and disposal of 24 hazardous wastes; 25 (11) [REPEALED 26 (12)] inspect the premises of sellers and suppliers of paint, vessels, and 27 marine and boating supplies, and take other actions necessary to enforce 28 AS 46.03.715; 29 (12) notwithstanding any other provision of law, take all actions 30 necessary to receive authorization from the administrator of the United States 31 Environmental Protection Agency to administer and enforce a partial National
01 Pollutant Discharge Elimination System program in accordance with 33 U.S.C. 02 1342 (sec. 402, Clean Water Act) and 40 C.F.R. Part 123 covering discharges 03 associated with timber-related activities. 04 * Sec. 4. AS 46.03.110(a) is amended to read: 05 (a) An application for a permit shall be made on forms prescribed by the 06 department or on forms prescribed by the United States Environmental Protection 07 Agency and must contain the name and address of the applicant, a description of the 08 applicant's operations, the quantity and type of waste material sought to be disposed 09 of, the proposed method of disposal, and any other information considered necessary 10 by the department. [APPLICATION FOR PERMIT SHALL BE MADE AT LEAST 11 60 DAYS BEFORE COMMENCEMENT OF A PROPOSED DISCHARGE.] The 12 applicant may request that a general permit be issued under AS 46.03.100(h), or the 13 department may, on its own initiative, propose that an applicant be issued a general 14 permit. 15 * Sec. 5. AS 46.03.110(b) is amended to read: 16 (b) After [UPON] receipt of a proper application for an individual or general 17 permit or [UPON] a determination by the department that a general permit should be 18 proposed, the department shall publish notice of the application or proposal or of the 19 availability of a draft permit for comment, as applicable, in at least two 20 [SEPARATE] publications of a newspaper of general circulation within the general 21 area in which the disposal of waste material is proposed to be made. The notice shall 22 also be posted on the Alaska Online Public Notice System maintained under 23 AS 44.62.175 and may also be published in other appropriate information media. The 24 notice must include a statement that a person who wants to present views to the 25 department with [IN] regard to the application, [OR] proposal, or draft permit may 26 do so in writing to the department within 30 days after the first [SECOND] 27 publication of the notice. The written response entitles the writer to a copy of the 28 application or draft permit, and, in the case of an application or proposal to issue a 29 general permit, the application or proposal shall also be posted by the department on 30 the Internet at the same time that notice is published under this subsection. 31 * Sec. 6. AS 46.03.110(d) is amended to read:
01 (d) The department may specify in a permit the terms and conditions under 02 which waste material or water may be disposed of. The terms and conditions shall be 03 directed to avoiding pollution and to otherwise carry out the policies of this chapter. 04 The commissioner may provide, as a term of a general permit, that a person intending 05 to dispose of waste material or water under the general permit shall first obtain 06 specific authorization from the department. A general permit shall be posted on the 07 Internet by the department; the posting must include the names of persons authorized 08 to make disposals under the permit and the locations at which disposals may be made 09 if those locations are specifically authorized under this subsection. A permit may not 10 be issued [EFFECTIVE] for a term [PERIOD] in excess of five years from the date of 11 issuance. The department may prescribe in regulations the circumstances under 12 which an expiring permit may be administratively continued. 13 * Sec. 7. AS 46.03.120 is amended to read: 14 Sec. 46.03.120. Termination or modification of waste disposal permit. (a) 15 The department may terminate a permit upon 30 days' written notice if the department 16 finds 17 (1) that the permit was procured by misrepresentation of material fact 18 or by failure of the applicant to disclose fully the facts relating to its issuance; 19 (2) that there has been a violation of the conditions of the permit; 20 (3) that there has been a material change in the quantity or type of 21 waste disposed of; or 22 (4) for a permit issued under a federally approved program under 23 33 U.S.C. 1342 (sec. 402, Clean Water Act), that 24 (A) a change in any condition of the receiving environment 25 or the quality of discharge requires either a temporary or permanent 26 reduction of the authorization or elimination of the authorized discharge; 27 or 28 (B) the permittee had made a material misrepresentation of 29 fact to the department relevant to the authorized activity at any time. 30 (b) The department may modify a permit 31 (1) for any of the causes for termination listed in (a) of this section;
01 (2) if the department finds that a material change in the quality or 02 classification of the waters of the state has occurred; or 03 (3) issued under a federally approved program under 33 U.S.C. 04 1342 (sec. 402, Clean Water Act), as provided in regulations adopted under 05 AS 46.03.020(12) for timber-related activities. 06 * Sec. 8. AS 46.03.760(e) is amended to read: 07 (e) A person who violates or causes or permits to be violated a provision of 08 AS 46.03.250 - 46.03.313, 46.03.460 - 46.03.475, AS 46.14, or a regulation, a lawful 09 order of the department, or a permit, approval, or acceptance, or term or condition of a 10 permit, approval, or acceptance issued under AS 46.03.250 - 46.03.313, 46.03.460 - 11 46.03.475, [OR] AS 46.14, or under the program authorized by AS 46.03.020(12), 12 is liable, in a civil action, to the state for a sum to be assessed by the court of not less 13 than $500 nor more than $100,000 for the initial violation, nor more than $10,000 for 14 each day after that on which the violation continues, and that shall reflect, when 15 applicable, 16 (1) reasonable compensation in the nature of liquidated damages for 17 any adverse environmental effects caused by the violation, that shall be determined by 18 the court according to the toxicity, degradability and dispersal characteristics of the 19 substance discharged, the sensitivity of the receiving environment, and the degree to 20 which the discharge degrades existing environmental quality; for a violation relating to 21 AS 46.14, the court, in making its determination under this paragraph, shall also 22 consider the degree to which the discharge causes harm to persons or property; for a 23 violation of AS 46.03.463, the court, in making its determination under this paragraph, 24 shall also consider the volume of the graywater, sewage, or other wastewater 25 discharged; this paragraph may not be construed to limit the right of parties other than 26 the state to recover for personal injuries or damage to their property; 27 (2) reasonable costs incurred by the state in detection, investigation, 28 and attempted correction of the violation; 29 (3) the economic savings realized by the person in not complying with 30 the requirement for which a violation is charged; and 31 (4) the need for an enhanced civil penalty to deter future
01 noncompliance. 02 * Sec. 9. AS 46.03.790(a) is amended to read: 03 (a) Except as provided in (d) of this section, a person is guilty of a class A 04 misdemeanor if the person with criminal negligence 05 (1) violates a provision of this chapter, AS 46.04, AS 46.09, or 06 AS 46.14, a regulation or order of the department, or a permit, approval, or 07 acceptance, or a term or condition of a permit, approval, or acceptance issued under 08 this chapter, AS 46.04, AS 46.09, or AS 46.14; 09 (2) fails to provide information or provides false information required 10 by AS 46.03.465, 46.03.475, 46.03.755, AS 46.04, or AS 46.09, or by a regulation 11 adopted by the department under AS 46.03.020(12), 46.03.460 [AS 46.03.460], 12 46.03.755, AS 46.04, or AS 46.09; 13 (3) makes a false statement or representation in an application, label, 14 manifest, record, report, permit, or other document filed, maintained, or used for 15 purposes of compliance with AS 46.03.250 - 46.03.313 applicable to hazardous wastes 16 or a regulation adopted by the department under AS 46.03.250 - 46.03.313; 17 (4) makes a false statement, representation, or certification in an 18 application, notice, record, report, permit, or other document filed, maintained, or used 19 for purposes of compliance with AS 46.03.460 - 46.03.475, AS 46.14, or a regulation 20 adopted under AS 46.03.020(12), 46.03.460, [AS 46.03.460] or AS 46.14; or 21 (5) renders inaccurate a monitoring device or method required to be 22 maintained under AS 46.14, a regulation adopted under AS 46.03.020(12) or 23 AS 46.14, [OR] a permit issued by the department or a local air quality control 24 program under AS 46.14, or a permit issued by the department under the program 25 authorized by AS 46.03.020(12). 26 * Sec. 10. AS 46.03.790(h) is amended to read: 27 (h) Notwithstanding AS 12.55.035(b), upon conviction of a violation of a 28 regulation adopted under AS 46.03.020(12) or of a violation related to AS 46.14 29 and described in (a) of this section, a defendant who is not an organization may be 30 sentenced to pay a fine of not more than $10,000 for each separate violation. 31 * Sec. 11. This Act takes effect immediately under AS 01.10.070(c).