Senate Bill 0419
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DIGEST OF SB419 (Updated February 24, 2009 3:18 pm - DI 84)
Quality of surface waters. Allows the department of environmental management (IDEM) to establish for a surface water the total maximum daily load for a pollutant only if in identifying the surface water IDEM identifies the pollutant under consideration. Allows IDEM to include a subsequently discovered pollutant in a total maximum daily load if IDEM demonstrates that the surface water is impaired by the pollutant, notifies all interested parties, and holds a public meeting and accepts comments. With respect to all surface waters of the state other than outstanding national resource waters, requires IDEM to complete an antidegradation review of rules that authorize NPDES general permits. After the review is conducted, limits the authority of the board to adopt a rule to apply antidegradation standards and implementation procedures. With respect to determinations whether a proposed discharge is socially or economically necessary under antidegradation standards and implementation procedures, lists factors to be considered by the IDEM commissioner and provides that substantial weight must be given to any applicable determinations by the state or a political subdivision. Establishes a deadline for IDEM to adopt antidegradation standards and implementation procedures 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.
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