Print Friendly SENATE BILL NO. 1100 – Water treatmnt/perpetual/not allowd
SENATE BILL NO. 1100
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S1100..........................................by RESOURCES AND ENVIRONMENT
WATER TREATMENT - PERPETUAL - Adds to existing law relating to water
quality to provide that the Director of the Department of Environmental
Quality shall not allow perpetual water treatment; and to provide an
02/08 Senate intro - 1st rdg - to printing
02/09 Rpt prt - to Res/Env
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE SENATE
SENATE BILL NO. 1100
BY RESOURCES AND ENVIRONMENT COMMITTEE
1 AN ACT
2 RELATING TO WATER QUALITY; AMENDING CHAPTER 1, TITLE 39, IDAHO CODE, BY THE
3 ADDITION OF A NEW SECTION 39-118F, IDAHO CODE, TO PROVIDE THAT THE DIREC-
4 TOR OF THE DEPARTMENT OF ENVIRONMENTAL QUALITY SHALL NOT ALLOW PERPETUAL
5 WATER TREATMENT AND TO PROVIDE AN EXCEPTION.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Chapter 1, Title 39, Idaho Code, be, and the same is
8 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
9 ignated as Section 39-118F, Idaho Code, and to read as follows:
10 39-118F. PROHIBITION ON WATER TREATMENT IN PERPETUITY. (1) Notwithstand-
11 ing any other provisions of Idaho law, the director shall not allow the con-
12 struction or operation of any facility or other undertaking that will result
13 in the need for perpetual water treatment in order for point and nonpoint
14 source discharges from the facility or other undertaking to waters of the
15 state to be in compliance with water quality standards. Provided however, the
16 provisions of this section shall not apply in the event the director deter-
17 mines that water treatment in perpetuity is required to address historical
18 water pollution issues from an existing or abandoned site.
19 (2) The director shall consult with such other appropriate state and fed-
20 eral agencies as is necessary to determine if the construction and operation
21 of a facility or other undertaking will result in the need for perpetual water
22 treatment in order for point and nonpoint discharges to waters of the state to
23 be in compliance with water quality standards at the point of discharge.
24 (3) For the purposes of this section, "in perpetuity" shall be defined as
25 lasting longer than fifteen (15) years after the cessation of beneficial oper-
26 ations at the facility or other undertaking.
STATEMENT OF PURPOSE
The purpose of this bill is to prohibit the construction and
operation of facilities that will require water treatment in
There will be no fiscal impact.
Name: Senator John C. Andreason
Phone: (208) 332-1333
STATEMENT OF PURPOSE S 1100