PROPOSED
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2691
(Reference to the proposed Griffin s/e amendment dated 01/29/21; 4:41 p.m.)
Page 6, strike line 12, insert "a surface water that consists of a point source"
Line 13, after "discharge" insert "without which the surface water would be ephemeral"
Page 10, line 20, after "facility" insert "except as necessary for the purpose of ensuring that a discharge meets water quality-related effluent limitations or to require best management practices for the purpose of ensuring that a discharge meets water quality standards"
Page 12, between lines 2 and 3, insert:
"40. "Recharge project" means a facility necessary or CONVENIENT to obtain, divert, withdraw, transport, exchange, deliver, treat or store water to infiltrate or reintroduce that water into the ground."
Renumber to conform
Page 13, line 22, strike the second "waters of the"
Line 23, strike "united states" insert "navigable waters"
Page 20, line 16, after the first "to" insert "point source"
Line 18, strike "water" insert "waters"; after the period strike remainder of line
Strike lines 19 through 24, insert "The following are exempt from the non-WOTUS protected surface waters point source discharge program:
(a) Discharges to a non-wotus protected surface water incidental to a recharge project.
(b) ESTABLISHED or ongoing farming, ranching and SILVICULTURE activities such as plowing, seeding, cultivating, mINOR DRAINAGE or HARVESTING FOR THE PRODUCTION OF FOOD, FIBER or FOREST PRODUCTS OR UPLAND SOIL AND WATER CONSERVATION PRACTICES.
(c) MAINTENANCE but not construction of DRAINAGE DITCHES.
(d) CONSTRUCTION AND MAINTENANCE OF IRRIGATION DITCHES.
(e) MAINTENANCE OF STRUCTURES SUCH AS DAMS, DIKES AND LEVEEs."
Page 30, strike lines 31 and 32
Page 31, strike lines 1 and 2, insert:
"(a) Canals in the Yuma project AND DITCHES, CANALS, PIPES, IMPOUNDMENTS AND OTHER FACILITIES that are OPERATED BY DISTRICTS organized UNDER TITLE 48, CHAPTERS 18, 19, 20, 21 and 22 AND that are NOT USED TO DIRECTLY DELIVER WATER FOR HUMAN CONSUMPTION, EXCEPT WHEN ADDED PURSUANT TO PARAGRAPH 4 OF THIS SUBSECTION AND IN RESPONSE TO A WRITTEN REQUEST FROM THE OWNER AND OPERATOR OF THE DITCH OR CANAL UNTIL THE OWNER AND OPERATOR WITHDRAWS ITS REQUEST."
Line 3, strike "artificially"
Line 16, after "including" insert "underground storage facilities and groundwater savings facilities permitted under title 45, chapter 3.1 and"; strike ", retention"; strike the second "and"
Line 17, strike "ponds"
Between lines 30 and 31, insert:
"(l) LAKES AND PONDS OWNED AND MANAGED BY THE United States DEPARTMENT OF DEFENSE, EXCEPT WHEN ADDED PURSUANT TO PARAGRAPH 4 OF THIS SUBSECTION AND IN RESPONSE TO A WRITTEN REQUEST FROM THE United States DEPARTMENT OF DEFENSE UNTIL it WITHDRAWS ITS REQUEST."
Line 31, after "3." insert "Unless listed in PARAGRAPH 2 of this subsection,"
After line 32, insert:
"(a) ALL LAKES, PONDS AND RESERVOIRS THAT ARE PUBLIC WATERS USED AS A DRINKING SOURCE, FOR RECREATIONAL OR COMMERCIAL FISH CONSUMPTION OR FOR WATER-BASED RECREATION SUCH AS SWIMMING, WADING and BOATING AND OTHER TYPES OF RECREATION IN AND ON THE WATER."
Reletter to conform
Page 35, line 1, after the second comma strike remainder of line
Strike lines 2 and 3
Line 4, strike "applicable surface water quality standard and,"
Line 10, strike the second "and"
Strike lines 11 and 12, insert a period
Page 37, line 4, after "2022" insert "and at least once every five years thereafter"
Page 39, line 1, strike "a navigable water protected surface waters" insert "a navigable water"
Page 40, lines 12, 26 and 29, strike "protected surface waters" insert "WOTUS"
Line 31, strike "protected surface"
Line 32, strike "waters" insert "WOTUS"
Page 41, line 4, strike "protected surface waters" insert "WOTUS"
Page 42, lines 5 and 10, strike "protected surface waters" insert "WOTUS"
Page 43, line 28, after the period strike remainder of line
Strike lines 29 through 32
Page 44, line 1, strike "allocations. The department shall" insert "if the DEPARTMENT chooses to prepare a draft estimate for a non-WOTUS impaired water, the department shall do all of the following:
(a) Determine draft allocations among CONTRIBUTING sources that are sufficient to achieve total loadings.
(b) Provide public notice and allow for comment on the draft estimates and draft allocations.
(c) Prepare written responses to comments received on the draft estimates and draft allocations.
(d)"
Page 56, line 16, after "program" insert "for discharges to WOTUS"
Line 27, after "director" insert "under subsection B of this section"
Page 61, strike lines 31 and 32, insert:
"1. Except as applied to discharges from PUBLICLY owned treatment works, requirements specific to new sources or new dischargers under the clean water act."
Page 62, line 6, after "metal" insert "solely"
Between lines 8 and 9, insert:
"C. THE DIRECTOR SHALL ISSUE GENERAL PERMITS OR AUTHORIZE COVERAGE UNDER EXISTING GENERAL PERMITS, SUBJECT TO THE LIMITATIONS prescribed IN SUBSECTION B of this section AND SECTION 49-221, subsection A, paragraph 1 FOR POINT SOURCE DISCHARGES OF STORM WATER FROM INDUSTRIAL OR CONSTRUCTION ACTIVITY TO NON-WOTUS PROTECTED SURFACE WATERS. THE DIRECTOR SHALL USE A BEST MANAGEMENT PRACTICES APPROACH WHEN ISSUING AND IMPLEMENTING GENERAL PERMITS FOR STORM WATER DISCHARGES FROM INDUSTRIAL OR CONSTRUCTION ACTIVITY TO NON-WOTUS PROTECTED SURFACE WATERS AND MAY INCLUDE ANALYTICAL MONITORING AND DISCHARGE LIMITS if BEST MANAGEMENT PRACTICES CANNOT ACHIEVE APPLICABLE SURFACE WATER QUALITY STANDARDS. THE DIRECTOR MAY ISSUE AN INDIVIDUAL PERMIT FOR those DISCHARGES ONLY if the director DETERMINES, USING REASONABLY CURRENT CREDIBLE AND SCIENTIFICALLY DEFENSIBLE DATA, THAT A PARTICULAR DISCHARGE IS A SIGNIFICANT CONTRIBUTOR OF POLLUTANTS TO A NON-WOTUS PROTECTED SURFACE WATER THAT CAUSES THE WATER TO EXCEED ONE OR MORE APPLICABLE WATER QUALITY STANDARDS. WHEN MAKING THIS DETERMINATION, THE DIRECTOR SHALL CONSIDER THE LOCATION OF THE DISCHARGE WITH RESPECT TO THE NON-WOTUS PROTECTED SURFACE WATER, THE SIZE OF THE DISCHARGE AND THE QUANTITY AND NATURE OF THE POLLUTANTS DISCHARGED. IF THE DIRECTOR DETERMINES THAT AN INDIVIDUAL PERMIT IS REQUIRED FOR A DISCHARGE OF STORM WATER FROM INDUSTRIAL OR CONSTRUCTION ACTIVITY TO A NON-WOTUS PROTECTED SURFACE WATER, THE DISCHARGER MUST BE NOTIFIED IN WRITING AND INFORMED OF THE REASONS FOR THE DETERMINATION AND THE RIGHT TO APPEAL THE INDIVIDUAL PERMIT DETERMINATION.
D. THE DIRECTOR SHALL ISSUE GENERAL PERMITS OR AUTHORIZE COVERAGE UNDER EXISTING GENERAL PERMITS, SUBJECT TO THE LIMITATIONS IN SUBSECTION B of this section AND SECTION 49-221, subsection A, paragraph 1 FOR OTHER CATEGORIES OF POTENTIAL POINT SOURCE DISCHARGES, INCLUDING DE MINIMIS DISCHARGES, TO NON-WOTUS PROTECTED SURFACE WATERS THAT INVOLVE THE SAME OR SUBSTANTIALLY SIMILAR TYPES OF OPERATIONS, CONTAIN THE SAME OR SUBSTANTIALLY SIMILAR TYPES OF POLLUTANTS AND ARE MORE APPROPRIATELY CONTROLLED UNDER A GENERAL PERMIT THAN UNDER AN INDIVIDUAL PERMIT."
Reletter to conform
Page 62, line 9, after "for" insert "point source"
Line 12, after "act" insert ", shall provide for issuing, authorizing, denying, modifying, suspending or revoking individual or general permits and shall ESTABLISH permit conditions to carry out the permit program established by this section"
Page 62, between lines 21 and 22, insert:
"H. The director shall not delegate to any city, town or county the authority to require permits for point source discharges from construction activity to non-WOTUS protected surface waters."
Line 24, before "the" insert "A."
Line 31, strike "directly discharge to" insert "materially impact downstream"; after the period insert "The director shall determine through rulemaking what CONSTITUTES a material impact and that rulemaking shall be based on factors that include distance and topography."
After line 32, insert:
"B. THE DIRECTOR may NOT ADOPT BEST MANAGEMENT PRACTICES AND NOTIFICATION REQUIREMENTS FOR THE FOLLOWING:
1. DISCHARGES TO A NON-WOTUS PROTECTED SURFACE WATER INCIDENTAL TO A RECHARGE PROJECT.
2. ESTABLISHED or ONGOING FARMING, RANCHING AND SILVICULTURE ACTIVITIES SUCH AS PLOWING, SEEDING, CULTIVATING, MINOR DRAINAGE or HARVESTING FOR THE PRODUCTION OF FOOD, FIBER or FOREST PRODUCTS OR UPLAND SOIL AND WATER CONSERVATION PRACTICES.
3. MAINTENANCE BUT NOT CONSTRUCTION OF DRAINAGE DITCHES.
4. CONSTRUCTION AND MAINTENANCE OF IRRIGATION DITCHES.
5. MAINTENANCE OF STRUCTURES SUCH AS DAMS, DIKES AND LEVEES."
Page 74, line 16, after the period insert "a city, town or county may not regulate under this section any ACTIVITY that does not discharge to a protected surface water."
Amend title to conform