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ID H0153
Bill
AI Summary
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Establishes three-tier water quality protection system: Tier I maintains existing uses for all waters, Tier II maintains high-quality waters unless economic/social development requires otherwise, and Tier III protects designated outstanding resource waters from point and nonpoint source impacts.
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Requires antidegradation review for general permits issued on or after July 1, 2011, with option to presume discharges insignificant or pollution controls adequate if supported by permit record.
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Defines insignificant activities or discharges as those that will not cumulatively decrease assimilative capacity by more than 10% from July 1, 2011 conditions, with department authority to request additional information for determinations.
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Identifies Tier II waters using water body-by-water body approach based on federally approved integrated reports, with specific exceptions allowing impaired water bodies to receive Tier II protection if biological community health or water quality compliance is demonstrated.
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Approves specified environmental quality rules adopted November 10, 2010, contained in IDAPA 58.01.02.010.71, 58.01.02.010.72, 58.01.02.051.03, and 58.01.02.052.09.
Legislative Description
Amends existing law relating to water quality to provide a policy relating to Tier I, II and III protections associated with water quality; to provide for an antidegradation review associated with the issuance of certain general permits, to provide that the department may presume certain discharges are insignificant or that certain pollution controls are the least degrading alternative if supported by the permit record; to provide for the identification of Tier II waters; to provide for the determination of appropriate levels of protection; to provide that the department shall determine whether certain activities or discharges are insignificant; and to provide for the approval of specified rules.
WATER QUALITY
Last Action
Governor signed Session Law Chapter 116 Effective: 03/22/11
3/22/2011