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S1101..........................................by RESOURCES AND ENVIRONMENT
WATER QUALITY - 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
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE SENATE
SENATE BILL NO. 1101
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. WATER TREATMENT IN PERPETUITY. (1) Notwithstanding any other
11 provisions of Idaho law, the director shall not allow the construction or
12 operation of any facility or other undertaking that will result in the need
13 for perpetual water treatment in order for point and nonpoint source dis-
14 charges from the facility or other undertaking to waters of the state to be in
15 compliance with water quality standards. Provided however, that this prohibi-
16 tion shall not apply in the event the owner or operator of such a facility or
17 other undertaking posts an approved financial assurance mechanism in an amount
18 sufficient to ensure the perpetual water treatment. Any financial assurance
19 mechanism required under this section shall be filed and maintained with the
20 board and shall be in such a form as the board prescribes, payable to the
21 state of Idaho.
22 (2) The director shall consult with such other appropriate state and fed-
23 eral agencies as is necessary to determine if the construction and operation
24 of a facility or other undertaking will result in the need for perpetual water
25 treatment in order for point and nonpoint discharges to waters of the state to
26 be in compliance with water quality standards at the point of discharge.
27 (3) The director shall consult with such other appropriate state and fed-
28 eral agencies as is necessary to determine the amount of the financial assur-
29 ance required to ensure that there is sufficient funding for perpetual water
30 treatment.
31 (4) For the purposes of this section, "perpetual" shall be defined as
32 lasting longer than fifteen (15) years after the cessation of beneficial oper-
33 ations at the facility or other undertaking.
STATEMENT OF PURPOSE
RS 16952
The purpose of this bill is to require financial assurance on the
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 1101