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SENATE BILL NO. 1100

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Bill Status

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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
exception.
                                                                        
02/08    Senate intro - 1st rdg - to printing
02/09    Rpt prt - to Res/Env

Bill Text

                                                                        
                                                                        
  ]]]]              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 / Fiscal Impact

                      STATEMENT OF PURPOSE
                                
                            RS 16899
                                
The purpose of this bill is to prohibit the construction and
operation of facilities that will require water treatment in
perpetuity. 



                          FISCAL NOTE
                                
There will be no fiscal impact.





CONTACT:
Name:     Senator John C. Andreason
Phone:    (208) 332-1333


STATEMENT OF PURPOSE                                     S 1100