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2021 SPECIAL SESSION I

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SB 1311 Water quality standards; modification of permits and certifications.

Introduced by: Jennifer L. McClellan | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Water quality standards; approval of permits and certifications. Requires an applicant for a natural gas transmission pipeline greater than 36 inches inside diameter to submit in the application a detailed erosion and sediment control plan and stormwater management plan subject to Department of Environmental Quality (the Department) review and approval. After receipt of such application, the bill directs the Department to issue a request for information about how the erosion and sediment control plan and stormwater management plan will address activities in or related to upland areas, and requires the applicant to respond. The bill directs the Department to consider such information in developing a draft certification or denial, and to take certain additional public notice steps.

The bill prohibits the Department and the State Water Control Board from expressly waiving certification of a natural gas transmission pipeline of greater than 36 inches inside diameter under § 401 of the federal Clean Water Act and requires the Department or Board to act on any certification request within a reasonable period of time pursuant to federal law.

SUMMARY AS PASSED SENATE:

Water quality standards; modification of permits and certifications. Requires an applicant for a natural gas transmission pipeline greater than 36 inches inside diameter to submit in the application a detailed erosion and sediment control plan and stormwater management plan in accordance with applicable regulations and subject to Department of Environmental Quality (the Department) review, modification, or approval. The bill requires such plans to be included in the Department's draft certification and decreases from 15 percent to 10 percent the slope grade that requires the inclusion of a description of all activities that will occur in upland areas in such application. If such project fails to provide adequate plans, the bill directs the Department to deny rather than waive certification under the federal Clean Water Act.

SUMMARY AS INTRODUCED:

Water quality standards; modification of permits and certifications. Requires the Department of Environmental Quality (the Department) to revise the applicable erosion and sediment control plan or stormwater management plan when a stop work order has been issued for violations related to certain pipelines to ensure compliance with state water quality standards. The bill changes from the Department to the State Water Control Board (the Board) the entity that approves such water quality standards and specifications for certain pipelines. The bill requires an applicant seeking modification or revocation of certain approvals or conditions from another state or federal agency that is likely to result in an adverse impact to state water quality to submit to the Board a copy of the request for such modification or revocation along with certain information.