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House Bill 1162


House Bill 1162

ARCHIVE (2009)

Latest Information

 

DIGEST OF HB 1162 (Updated April 29, 2009 11:12 pm - DI 52)


Environmental matters. Provides that: (1) if a person has been issued a permit by the department of environmental management (IDEM) to construct, install, or operate a facility, equipment, or a device, the person may not start the construction, installation, operation, or modification of the facility, equipment, or device until the person has obtained any approval required by any county, city, or town in which the facility, equipment, or device is located; and (2) the approval referred to is an approval required by ordinance, rule, or regulation in effect at the time of the permit application. Allows the board of a regional water, sewer, or solid waste district to adopt an ordinance allowing payment of certain claims in advance of board allowance. Amends the definition of "restrictive covenant". Amends the definitions of "owner" and "operator" for purposes of exceptions to liability for releases from underground storage tanks (UST) and of "owner or operator" for purposes of exceptions to liability for releases of petroleum. Expands the application of remediation and closure goals, objectives, and standards. Eliminates the authority of IDEM to approve environmental restrictive covenants and delineates the authority of IDEM to enforce covenants. Requires IDEM to review and act on activities and land use restrictions proposed as part of certain actions to be included in a restrictive covenant. Provides that a covenant not to sue does not apply to future liability for a condition on property involved in a voluntary remediation work plan only if the condition was present on the property at the time IDEM issued the certificate of completion. Allows IDEM to include in a certificate of completion or a covenant not to sue conditions that must be performed or maintained after issuance of the certificate or covenant. With respect to local ordinances that establish certain land use restrictions, requires that a municipal corporation give notice to IDEM not later than 60 days before amendment or repeal and to IDEM not later than 30 days after passage, amendment, or repeal. Allows IDEM to waive the 60 days notice requirement. Requires IDEM to consider and give effect to environmental restrictive ordinances in evaluating risk based remediation proposals. Provides that the remediation and closure goals, objectives, and standards for all remediation projects conducted under hazardous waste management, UST, petroleum, and hazardous substances response trust fund statutes must be consistent with the remediation objectives applicable to voluntary remediation work plans. Adjusts the circumstances under which additional action is not necessary after creation of a voluntary remediation work plan and the factors on which risk based remediation objectives based on site specific risk assessments must be based. Requires IDEM to consider and give effect to environmental restrictive covenants in evaluating risk based remediation proposals. Requires IDEM in the establishment of the total maximum daily load (TMDL) for a surface water to make every reasonable effort, when IDEM identifies the surface water, to identify the pollutant under consideration for the establishment of the TMDL. Establishes procedures IDEM must follow if IDEM: (1) is unable to identify the pollutant and later identifies one or more pollutants; or (2) identifies the pollutant and later identifies one or more other pollutants. Provides that each exceptional use water designated by the WPCB before June 1, 2009, becomes an outstanding state resource water on June 1, 2009, by operation of law. Repeals the definition of exceptional use water, and eliminates all references to that term. Specifies the classifications of all waters of the state. For all waters of the state, requires IDEM to complete an antidegradation review of the rules of the WPCB that authorize National Pollutant Discharge Elimination System (NPDES) general permits. Permits the WPCB to modify those rules for purposes of antidegradation compliance. Provides that after an antidegradation review of a rule is conducted, activities covered by an NPDES general permit authorized by that rule are not required to undergo an additional antidegradation review. Provides that an NPDES general permit may not be used to authorize a discharge into an outstanding national resource water (ONRW) or an outstanding state resource water (OSRW), except that a short term, temporary storm water discharge to an ONRW or to an OSRW may be permitted under an NPDES general permit if the IDEM commissioner determines that the discharge will not significantly lower the water quality downstream of the discharge. Establishes the factors the IDEM commissioner must consider in antidegradation reviews for certain NPDES permits. Establishes a deadline for IDEM to complete the antidegradation review and to act on applications for approval of associated NPDES permits. Allows the IDEM commissioner to extend for cause for not more than 90 days the deadline for IDEM to adopt antidegradation standards and implementation procedures. Requires the IDEM commissioner to annually report to the environmental quality service council (EQSC) plans for the use and implementation of the outstanding state resource water improvement fund and the balance in the fund. Requires the EQSC to study: (1) the advisability of establishing an institutional control registry an environmental trust fund; and (2) the feasibility of incorporating notice of restrictive covenants and environmental restrictive ordinances into the "One Call" system.
Current Status:
 Law Enacted
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