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28th Legislature(2013-2014)

Bill Text 28th Legislature

00 Enrolled HB 36                                                                                                          
01 Exempting certain federal agencies or military services firing or using munitions on active                             
02 ranges from prior authorization requirements of the Department of Environmental                                         
03 Conservation.                                                                                                           
04                           _______________                                                                               
05    * Section 1. AS 46.03.100(e) is amended to read:                                                                   
06            (e)  This section does not apply to                                                                          
07                 (1)  a person discharging only domestic sewage into a publicly owned                                    
08       treatment works;                                                                                                  
09                 (2)  disposals subject to regulation under AS 31.05.030(e)(2);                                          
10                 (3)  injection projects permitted under AS 31.05.030(h);                                                
11                 (4)  discharges of solid or liquid waste material or water discharges                                   
12       from the following activities if the discharge is incidental to the activity and the                              
13       activity does not produce a discharge from a point source, as that term is defined in                             
14       regulations adopted under this chapter, into any waters of the United States:                                     
01                      (A)  mineral drilling, trenching, ditching, and similar activities;                                
02                      (B)  landscaping;                                                                                  
03                      (C)  water well drilling and geophysical drilling; or                                              
04                      (D)  drilling, ditching, trenching, and similar activities                                         
05            associated with facility construction and maintenance or with road or other                                  
06            transportation facility construction and maintenance; however, the exemption                                 
07            provided by this subparagraph does not relieve a person from obtaining a prior                               
08            authorization under this section if the drilling, ditching, trenching, or similar                            
09            activity will involve the removal of the groundwater, stormwater, or                                         
10            wastewater runoff that has accumulated and is present at an excavation site for                              
11            facility, road, or other transportation construction or maintenance and a prior                              
12            authorization is otherwise required by this section;                                                         
13                 (5)  bilge pumping, unless the bilge product pumped may be expected                                     
14       to yield an oily sludge, emulsion, or sheen on the surface of any water of the state;                             
15                 (6)  cooling water discharges from a boat or vessel into any surface                                    
16       water of the state; or                                                                                            
17                 (7)  the firing or other use of munitions in training activities conducted                              
18       on active ranges, including active ranges operated by the United States Department of                             
19       Defense or a United States military agency or service, unless otherwise regulated                         
20       under 33 U.S.C. 1251 - 1376 (Federal Water Pollution Control Act), as amended                                 
21       [IT RESULTS IN A DISCHARGE INTO WATERS OF THE UNITED STATES].                                                     
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