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2011 SESSION

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SB 1025 Coal surface mining operations; authority to issue pollutant discharge elimination permits.

Introduced by: Phillip P. Puckett | all patrons    ...    notes | add to my profiles

SUMMARY AS PASSED: (all summaries)

Coal surface mining operations; national pollutant discharge elimination system permits. Clarifies that the authority to issue pollutant discharge elimination system permits for coal surface mining operations has been delegated by the State Water Control Board to the Director of the Department of Mines, Minerals and Energy. The Director, by examining the available and relevant data, shall determine whether a discharge may cause or contribute to an instream excursion above the narrative or numeric criteria of a water quality standard. If a total maximum daily load ("TMDL") has been established for the receiving water body, it shall be considered in the reasonable potential determination. If the receiving water body does not have a TMDL established, the Director may consider biological monitoring, chemical monitoring, and whole effluent toxicity testing. The Director may require whole effluent toxicity testing if he determines that the discharge adversely affects the biological condition of the receiving water body. This bill is identical to HB 2123 (Poindexter).


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