ARIZONA HOUSE OF REPRESENTATIVES Fifty-sixth Legislature Second Regular Session
	House: NREW DPA 10-0-0-0|3^rd Read 58-0-1-0-1 Senate: NREW DP 4-2-1-0|3^rd Read 20-7-3-0

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HB 2369: dredge; fill; permits; clean up

Sponsor: Representative Griffin, LD 19

Transmitted to the Governor

Overview

Deletes obsolete references to specific sections of Arizona Revised Statutes to reflect the repeal of Title 49, Chapter 2, Article 3.2 relating to the Dredge and Fill Permit Program.

History

The U.S. Environmental Protection Agency (EPA) administers the Dredge and Fill Permit Program under Section 404 of the Clean Water Act, which regulates discharge of dredged or fill material into waters of the United States, including wetlands.

Laws 2018, Chapter 225 authorized the Director of the Arizona Department of Environmental Quality (ADEQ) to adopt a Dredge and Fill Permit Program by rule and assume responsibility, or primacy, to administer the program. The legislation outlined ADEQ's responsibilities to: 1) issue, deny, suspend or revoke discharge permits; 2) establish permit conditions to ensure compliance with the Clean Water Act; and 3) establish procedures to maintain primary enforcement responsibility.

The legislation also contained a conditional repeal date of August 1, 2023, for Title 49, Chapter 2, Article 3.2, Arizona Revised Statutes, if ADEQ’s Dredge and Fill Permit Program was not approved by the EPA. The ADEQ permit program was not approved and the provisions adopted in 2018 were repealed.

Provisions

1. Deletes obsolete references to specific sections of Arizona Revised Statutes to reflect the repeal of Title 49, Chapter 2, Article 3.2 relating to the Dredge and Fill Permit Program. (Sec. 1-7)

2. Makes technical and conforming changes. (Sec. 2-4, 6)

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6.                   HB 2369

7. Initials EB/KK    Page 0 Transmitted

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