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Senate Bill 0431


Senate Bill 0431

ARCHIVE (2000)

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DIGEST OF SB 431 (Updated March 3, 2000 4:58 PM - DI 52)


Water quality standards and combined sewer overflows. Various amendments to water quality and combined sewer overflow laws. Establishes procedures and criteria for listing of impaired waters by the department of environmental management (the "department") for compliance with federal law. Establishes procedures concerning the development of maximum pollutant loads with respect to the impaired waters. Establishes procedures and criteria for the designation of a water body as an outstanding state resource water by the water pollution control board, and for the designation of a water body as an outstanding national resource water by the general assembly upon recommendation of the department and the environmental quality service council. Designates the extent to which certain water bodies must be maintained without degradation of water quality. Directs the department to develop and maintain a quality assurance plan and information management system to assess the validity and reliability of the data used in the listing of impaired waters and the special designation of waters. Directs the department to appoint a water quality task force, establishes the subjects to be studied, and designates the agencies and interest groups from which the membership must be drawn. Provides for the application to exceptional use waters of certain standards applicable to outstanding state resource waters, and for the possible future designation of exceptional use waters as outstanding state resource waters. Requires the water pollution control board to establish policies and rules to govern total maximum daily load requirements. Directs the chairperson of the environmental quality service council to appoint a working group with respect to the implementation of maximum daily load requirements, establishes the duties of the working group, designates the interest groups from which certain members must be drawn, and establishes criteria for the designation of other members. Establishes the circumstances under which a long term control plan for a combined sewer system is considered to fulfill the water quality goals of the state with respect to wet weather discharges that result from overflows from the system. Directs a permit holder to review periodically additional or new measures for the control of wet weather flows, to update the long term control plan with any cost effective measures, and to submit any amendments to the plan to the department for approval. Requires the department of environmental management to temporarily suspend designated uses on a site specific basis with respect to any water affected by discharges from a combined sewer system by wet weather events if the NPDES permit holder has fulfilled certain requirements and if suspension is permitted under federal law. Provides that the temporary suspension may not extend for more than four days after the combined sewer overflow discharge ends. Directs a permit holder to review periodically its use attainability analysis and to report the results of its review to the department. Allows a permit holder to appeal a determination by the department that suspended uses are attainable, and provides for negotiation of a compliance schedule by the department and the permit holder if the department's determination becomes final. Allows the water pollution control board to adopt rules concerning temporary suspensions, and directs the board to adopt rules concerning community notice of combined sewer overflows. Allows the department to issue NPDES permits that contain conditions that include alternate water quality based effluent limits that: (1) are based on certain receiving water flows; or (2) provide increased mass limitations, concentration limitations, or mass and concentration limitations for publicly owned treatment works. Directs the department of environmental management to provide guidance to combined sewer overflow communities for compliance with certain requirements of law.
    Current Status:
     Law Enacted
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