Under present law, every person who is or is planning to carry on any of the activities outlined below, other than a person who discharges into a publicly owned treatment works or who is a domestic discharger into a privately owned treatment works, or who is regulated under a general permit, must file an application for a permit with the commissioner or, when necessary, for modification of such person's existing permit. It is unlawful for any person, other than a person who discharges into a publicly owned treatment works or a person who is a domestic discharger into a privately owned treatment works, to carry out any of the following activities, except in accordance with the conditions of a valid permit:
(1) The alteration of the physical, chemical, radiological, biological, or bacteriological properties of any waters of the state;
(2) The construction, installation, modification, or operation of any treatment works, or part, extension, or addition thereto;
(3) The increase in volume or strength of any wastes in excess of the permissive discharges specified under an existing permit;
(4) The development of a natural resource or the construction, installation, or operation of an establishment or extension, modification, or addition thereto, the operation of which will or is likely to cause an increase in the discharge of wastes into the waters of the state or would otherwise alter the physical, chemical, radiological, biological or bacteriological properties of any waters of the state in any manner not already lawfully authorized;
(5) The construction or use of a new outlet for the discharge of wastes into the waters of the state;
(6) The discharge of sewage, industrial wastes, or other wastes into waters, or a location from which it is likely that the discharged substance will move into waters;
(7) The construction, installation, or operation of a liquid waste management system supporting an animal feeding operation that stables or confines as many as, or more than, the numbers of animals specified by federal law defining a large concentrated animal feeding operation;
(8) The discharge of sewage, industrial wastes, or other wastes into a well or a location where it is likely that the discharged substance will move into a well, or the underground placement of fluids and other substances that do or may affect the waters of the state;
(9) The diversion of water through a flume for the purpose of generation of electric power by a utility; or
(10) Animal feeding operations that are required under the federal Clean Water Act to have a permit for concentrated animal feeding operations. Such operations must be conducted in accordance with the conditions of a valid national pollutant discharge elimination system permit.
If the only factor that disqualifies an applicant for an aquatic resource alteration permit from having the activities for which a permit is sought covered under a general permit is the size of the area that the permit will apply to, then this bill requires the department to exempt from compensatory mitigation an area equal in size to the area for which mitigation would not be required if the permit applicant qualified for coverage under a general permit.
ON MARCH 16, 2023, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 629, AS AMENDED.
AMENDMENT #1 limits the application of this bill to wetlands.Statutes affected:
Amended with SA0134 -- 03/16/2023: 69-3-141