28th Legislature(2013-2014)

Bill Text 28th Legislature


00                             SENATE BILL NO. 27                                                                          
01 "An Act establishing authority for the state to evaluate and seek primacy for                                           
02 administering the regulatory program for dredge and fill activities allowed to individual                               
03 states under federal law and relating to the authority; and providing for an effective                                  
04 date."                                                                                                                  
05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
06    * Section 1.  The uncodified law of the State of Alaska is amended by adding a new section                         
07 to read:                                                                                                                
08       FINDINGS. The legislature finds that                                                                              
09            (1)  there are millions of waterbodies and tens of millions of acres of wetlands                             
10 within the state's boundaries;                                                                                          
11            (2)  under 33 U.S.C. 1344 (sec. 404, Clean Water Act), individual states are                                 
12 allowed to assume regulatory primacy over certain dredge and fill activities in the state, which                        
13 is consistent with congressional intent under 33 U.S.C. 1251 (sec. 101, Clean Water Act) that                           
14 states have the primary responsibilities and right to prevent, reduce, and eliminate pollution                          
01 and to plan the development and use, including restoration, preservation, and enhancement of                            
02 land and water resources within their respective states;                                                                
03            (3)  other states have already assumed or continue to examine primacy for                                    
04 dredge and fill activities under 33 U.S.C. 1344 (sec. 404, Clean Water Act);                                            
05            (4)  the Department of Environmental Conservation and the Department of                                      
06 Natural Resources possess substantial expertise to administer the dredge and fill permitting                            
07 system allowed to individual states under 33 U.S.C. 1344 (sec. 404, Clean Water Act); and                               
08            (5)  there are benefits to the state for the Department of Environmental                                     
09 Conservation and Department of Natural Resources to assume the dredge and fill permitting                               
10 responsibilities.                                                                                                       
11    * Sec. 2. AS 44.37.020 is amended by adding a new subsection to read:                                            
12            (c)  The Department of Natural Resources in coordination with the Department                                 
13       of Environmental Conservation may take actions necessary to administer and enforce                                
14       any dredge and fill permitting program allowed under 33 U.S.C. 1344 (sec. 404, Clean                              
15       Water Act), including the adoption of regulations under AS 44.62 (Administrative                                  
16       Procedure Act).                                                                                                   
17    * Sec. 3. AS 46.03.020 is amended to read:                                                                         
18            Sec. 46.03.020. Powers of the department. The department may                                               
19                 (1)  enter into contracts and compliance agreements necessary or                                        
20       convenient to carry out the functions, powers, and duties of the department;                                      
21                 (2)  review and appraise programs and activities of state departments                                   
22       and agencies in light of the policy set out in AS 46.03.010 for the purpose of                                    
23       determining the extent to which the programs and activities are contributing to the                               
24       achievement of that policy and to make recommendations to the departments and                                     
25       agencies, including environmental guidelines;                                                                     
26                 (3)  consult with and cooperate with                                                                    
27                      (A)  officials and representatives of any nonprofit corporation or                                 
28            organization in the state;                                                                                   
29                      (B)  persons, organizations, and groups, public and private,                                       
30            using, served by, interested in, or concerned with the environment of the state;                             
31                 (4)  appear and participate in proceedings before any state or federal                                  
01       regulatory agency involving or affecting the purposes of the department;                                          
02                 (5)  undertake studies, inquiries, surveys, or analyses it may consider                                 
03       essential to the accomplishment of the purposes of the department; these activities                               
04       may be carried out by the personnel of the department or in cooperation with public or                            
05       private agencies, including educational, civic, and research organizations, colleges,                             
06       universities, institutes, and foundations;                                                                        
07                 (6)  at reasonable times, enter and inspect with the consent of the owner                               
08       or occupier any property or premises to investigate either actual or suspected sources                            
09       of pollution or contamination or to ascertain compliance or noncompliance with a                                  
10       regulation that may be adopted under AS 46.03.020 - 46.03.040; information relating                               
11       to secret processes or methods of manufacture discovered during investigation is                                  
12       confidential;                                                                                                     
13                 (7)  conduct investigations and hold hearings and compel the                                            
14       attendance of witnesses and the production of accounts, books, and documents by the                               
15       issuance of a subpoena;                                                                                           
16                 (8)  advise and cooperate with municipal, regional, and other local                                     
17       agencies and officials in the state, to carry out the purposes of this chapter;                                   
18                 (9)  act as the official agency of the state in all matters affecting the                               
19       purposes of the department under federal laws now or hereafter enacted;                                           
20                 (10)  adopt regulations necessary to carry out the purposes of this                                     
21       chapter, including, by way of example and not limitation, regulations providing for                               
22                      (A)  control, prevention, and abatement of air, water, or land or                                  
23            subsurface land pollution;                                                                                   
24                      (B)  safeguard standards for petroleum and natural gas pipeline                                    
25            construction, operation, modification, or alteration;                                                        
26                      (C)  protection of public water supplies by establishing                                           
27            minimum drinking water standards, and standards for the construction,                                        
28            improvement, and maintenance of public water supply systems;                                                 
29                      (D)  collection and disposal of sewage and industrial waste;                                       
30                      (E)  collection and disposal of garbage, refuse, and other                                         
31            discarded solid materials from industrial, commercial, agricultural, and                                     
01            community activities or operations;                                                                          
02                      (F)  control of pesticides;                                                                        
03                      (G)  other purposes as may be required for the implementation                                      
04            of the policy declared in AS 46.03.010;                                                                      
05                      (H)  handling, transportation, treatment, storage, and disposal of                                 
06            hazardous wastes;                                                                                            
07                 (11)  inspect the premises of sellers and suppliers of paint, vessels, and                              
08       marine and boating supplies, and take other actions necessary to enforce                                          
09       AS 46.03.715;                                                                                                     
10                 (12)  notwithstanding any other provision of law, take all actions                                      
11       necessary to receive authorization from the administrator of the United States                                    
12       Environmental Protection Agency to administer and enforce a National Pollutant                                    
13       Discharge Elimination System program in accordance with 33 U.S.C. 1342 (sec. 402,                                 
14       Clean Water Act), 33 U.S.C. 1345 (sec. 405, Clean Water Act), 40 C.F.R. Part 123,                                 
15       and 40 C.F.R. Part 403, as amended;                                                                               
16                 (13)  require the owner or operator of a facility to undertake                                          
17       monitoring, sampling, and reporting activities described in 33 U.S.C. 1318 (sec. 308,                             
18       Clean Water Act);                                                                                             
19                 (14)  notwithstanding any other provision of law, take all actions                                  
20       necessary to receive federal authorization of a state program for the department                              
21       and the Department of Natural Resources to administer and enforce a dredge                                    
22       and fill permitting program allowed under 33 U.S.C. 1344 (sec. 404, Clean Water                               
23       Act) and to implement the program, if authorized.                                                           
24    * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to                          
25 read:                                                                                                                   
26       STATE EVALUATION AND ASSUMPTION OF PRIMACY OF THE DREDGE                                                          
27 AND FILL PERMITTING PROGRAM ALLOWED UNDER 33 U.S.C. 1344 (SEC. 404,                                                     
28 CLEAN WATER ACT). (a) The Department of Environmental Conservation, in coordination                                     
29 with the Department of Natural Resources, shall continue to evaluate the potential benefits,                            
30 costs, and consequences of assuming primacy of the dredge and fill permitting program                                   
31 allowed under 33 U.S.C. 1344 (sec. 404, Clean Water Act) and take reasonable steps to                                   
01 assume primacy of the program.                                                                                          
02       (b)  The Department of Environmental Conservation may file an application seeking                                 
03 primacy for the Department of Environmental Conservation and the Department of Natural                                  
04 Resources to regulate dredge and fill activities under 33 U.S.C. 1344 (Sec. 404, Clean Water                            
05 Act).                                                                                                                   
06       (c)  The Department of Environmental Conservation and the Department of Natural                                   
07 Resources may adopt regulations under AS 44.62 (Administrative Procedure Act) that are                                  
08 necessary to obtain federal approval of the regulation of dredge and fill activities under                              
09 33 U.S.C. 1344 (sec. 404, Clean Water Act).                                                                             
10    * Sec. 5. This Act takes effect immediately under AS 01.10.070(c).                                                 
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