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BILL # SB 1493 |
TITLE: environmental quality; dredge, fill permits |
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SPONSOR: Griffin |
STATUS: As Amended by House EENR |
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PREPARED BY: Josh Hope |
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The bill would permit the Arizona Department of Environmental Quality (ADEQ) to adopt a Dredge and Fill Permit Program, which would have "primacy" over the United States Environmental Protection Agency (EPA). The bill also outlines permissions, prohibitions, and mitigation requirements relating to dredging and filling into navigable waters.
Estimated Impact
If ADEQ chooses to adopt a Dredge and Fill Permit Program, it estimates that this program would cost $1.8 million annually when fully implemented. These costs will be partially offset by permit fees and the additional federal grants ADEQ receives after taking "primacy" over the program. ADEQ estimates it would cost $450,000 to implement the program prior to receiving fees and grants.
We do not have a means of being able to verify the ADEQ estimates.
The EPA issues permits under the Clean Water Act (CWA) Section 404 Dredge and Fill Permit Program. The program regulates the discharge of dredged or fill material into waters of the United States, including wetlands. Section 404 requires a permit before dredged or fill material may be discharged into waters of the United States, unless the activity is exempt. These activities are regulated though a permit review process that includes the U.S. Army Corps of Engineers, the EPA, the U.S. Fish and Wildlife Service, and the National Marines Fisheries Service.
The CWA provides states the option of assuming administration of the Section 404 Program in certain waters within the state. Only two states, Michigan and New Jersey, have achieved full state "primacy" over the program. Under state "primacy," Section 404 applicants would only need a state permit for dredged or fill material discharges in certain waters instead of undergoing the review process that includes the state and 4 federal agencies under the federal program.
The implementation of this program is optional and could take several years. The bill requires the state's Dredge and Fill Permit Program to be approved by the EPA by August 1, 2023.
If ADEQ chooses to adopt a Dredge and Fill Permit Program, it estimates that this program would cost $1.8 million annually when fully implemented. According to the bill, the state program would be funded by ADEQ's Water Qualify Fee Fund, which receives permit fees. The program would also be funded by additional federal grant money ADEQ receives after taking "primacy" over the Section 404 Program. ADEQ estimates it would cost $450,000 to implement the program prior to receiving fees and grants. The program could take several years to implement and would be funded out of ADEQ's existing budget.
We do not have a means of being able to verify the ADEQ estimates.
Local Government Impact
None
3/14/18