0001| AN ACT
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0002| RELATING TO WATER QUALITY REGULATIONS; REGULATING THE TRANSPORT OF
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0003| SEPTAGE AND SLUDGE.
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0004|
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0005| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0006| Section 1. Section 74-6-4 NMSA 1978 (being Laws 1967, Chapter
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0007| 190, Section 4, as amended) is amended to read:
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0008| "74-6-4. DUTIES AND POWERS OF COMMISSION.--The commission:
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0009| A. may accept and supervise the administration of loans and
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0010| grants from the federal government and from other sources, public or
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0011| private, which loans and grants shall not be expended for other than
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0012| the purposes for which provided;
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0013| B. shall adopt a comprehensive water quality management
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0014| program and develop a continuing planning process;
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0015| C. shall adopt water quality standards for surface and
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0016| ground waters of the state subject to the Water Quality Act. The
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0017| standards shall include narrative standards and as appropriate, the
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0018| designated uses of the waters and the water quality criteria necessary
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0019| to protect such uses. The standards shall at a minimum protect the
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0020| public health or welfare, enhance the quality of water and serve the
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0021| purposes of the Water Quality Act. In making standards, the
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0022| commission shall give weight it deems appropriate to all facts and
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0023| circumstances, including the use and value of the water for water
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0024| supplies, propagation of fish and wildlife, recreational purposes and
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0025| agricultural, industrial and other purposes;
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0001| D. shall adopt, promulgate and publish regulations to
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0002| prevent or abate water pollution in the state or in any specific
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0003| geographic area, aquifer or watershed of the state or in any part
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0004| thereof, or for any class of waters, and to govern the transport and
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0005| disposal of septage and sludge and the use of sludge for various
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0006| beneficial purposes. The regulations governing the transport and
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0007| disposal of septage and sludge may include the use of tracking and
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0008| permitting systems or other reasonable means necessary to assure that
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0009| septage and sludge are designated for disposal in, and arrive at,
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0010| disposal facilities, other than facilities on the premises where the
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0011| septage and sludge is generated, for which a permit or other
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0012| authorization has been issued pursuant to the federal act or the Water
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0013| Quality Act. Regulations shall not specify the method to be used to
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0014| prevent or abate water pollution but may specify a standard of
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0015| performance for new sources that reflects the greatest reduction in
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0016| the concentration of water contaminants that the commission determines
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0017| to be achievable through application of the best available
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0018| demonstrated control technology, processes, operating methods or other
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0019| alternatives, including where practicable a standard permitting no
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0020| discharge of pollutants. In making regulations, the commission shall
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0021| give weight it deems appropriate to all relevant facts and
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0022| circumstances, including:
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0023| (1) character and degree of injury to or interference
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0024| with health, welfare, environment and property;
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0025| (2) the public interest, including the social and
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0001| economic value of the sources of water contaminants;
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0002| (3) technical practicability and economic
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0003| reasonableness of reducing or eliminating water contaminants from the
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0004| sources involved and previous experience with equipment and methods
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0005| available to control the water contaminants involved;
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0006| (4) successive uses, including but not limited to
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0007| domestic, commercial, industrial, pastoral, agricultural, wildlife and
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0008| recreational uses;
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0009| (5) feasibility of a user or a subsequent user
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0010| treating the water before a subsequent use;
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0011| (6) property rights and accustomed uses; and
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0012| (7) federal water quality requirements;
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0013| E. shall assign responsibility for administering its
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0014| regulations to constituent agencies so as to assure adequate coverage
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0015| and prevent duplication of effort. To this end, the commission may
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0016| make such classification of waters and sources of water contaminants
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0017| as will facilitate the assignment of administrative responsibilities
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0018| to constituent agencies. The commission shall also hear and decide
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0019| disputes between constituent agencies as to jurisdiction concerning
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0020| any matters within the purpose of the Water Quality Act. In assigning
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0021| responsibilities to constituent agencies, the commission shall give
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0022| priority to the primary interests of the constituent agencies. The
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0023| department of environment shall provide technical services, including
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0024| certification of permits pursuant to the federal act;
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0025| F. may enter into or authorize constituent agencies to
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0001| enter into agreements with the federal government or other state
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0002| governments for purposes consistent with the Water Quality Act and
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0003| receive and allocate to constituent agencies funds made available to
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0004| the commission;
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0005| G. may grant an individual variance from any regulation of
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0006| the commission whenever it is found that compliance with the
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0007| regulation will impose an unreasonable burden upon any lawful
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0008| business, occupation or activity. The commission may only grant a
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0009| variance conditioned upon a person effecting a particular abatement of
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0010| water pollution within a reasonable period of time. Any variance
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0011| shall be granted for the period of time specified by the commission.
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0012| The commission shall adopt regulations specifying the procedure under
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0013| which variances may be sought, which regulations shall provide for the
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0014| holding of a public hearing before any variance may be granted;
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0015| H. may adopt regulations to require the filing with it or a
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0016| constituent agency of proposed plans and specifications for the
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0017| construction and operation of new sewer systems, treatment works or
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0018| sewerage systems or extensions, modifications of or additions to new
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0019| or existing sewer systems, treatment works or sewerage systems.
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0020| Filing with and approval by the federal housing administration of
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0021| plans for an extension to an existing or construction of a new
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0022| sewerage system intended to serve a subdivision solely residential in
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0023| nature shall be deemed compliance with all provisions of this
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0024| subsection;
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0025| I. may adopt regulations requiring notice to it or a
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0001| constituent agency of intent to introduce or allow the introduction of
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0002| water contaminants into waters of the state;
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0003| J. may adopt regulations establishing pretreatment
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0004| standards that prohibit or control the introduction into publicly
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0005| owned sewerage systems of water contaminants that are not susceptible
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0006| to treatment by the treatment works or that would interfere with the
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0007| operation of the treatment works;
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0008| K. shall not require a permit respecting the use of water
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0009| in irrigated agriculture, except in the case of the employment of a
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0010| specific practice in connection with such irrigation that
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0011| documentation or actual case history has shown to be hazardous to
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0012| public health or the environment; and
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0013| L. shall coordinate application procedures and funding
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0014| cycles for loans and grants from the federal government and from other
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0015| sources, public or private, with the local government division of the
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0016| department of finance and administration pursuant to the New Mexico
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0017| Community Assistance Act."
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0018| Section 2. Section 74-6-5 NMSA 1978 (being Laws 1973, Chapter
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0019| 326, Section 4, as amended by Laws 1993, Chapter 100, Section 3 and
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0020| also by Laws 1993, Chapter 291, Section 5) is amended to read:
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0021| "74-6-5. PERMITS--CERTIFICATION--APPEALS TO COMMISSION.--
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0022| A. By regulation the commission may require persons to
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0023| obtain from a constituent agency designated by the commission a permit
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0024| for the discharge of any water contaminant or for the transport,
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0025| disposal or re-use of septage or sludge.
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0001| B. The commission shall adopt regulations establishing
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0002| procedures for certifying federal water quality permits.
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0003| C. Prior to the issuance of a permit, the constituent
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0004| agency may require the submission of plans, specifications and other
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0005| relevant information that it deems necessary.
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0006| D. The commission shall by regulation set the dates upon
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0007| which applications for permits shall be filed and designate the time
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0008| periods within which the constituent agency shall, after the filing of
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0009| an administratively complete application for a permit, either grant
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0010| the permit, grant the permit subject to conditions or deny the permit.
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0011| E. The constituent agency shall deny any application for a
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0012| permit or deny the certification of a federal water quality permit if:
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0013| (1) the effluent would not meet applicable state or
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0014| federal effluent regulations, standards of performance or limitations;
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0015| (2) any provision of the Water Quality Act would be
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0016| violated;
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0017| (3) the discharge would cause or contribute to water
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0018| contaminant levels in excess of any state or federal standard.
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0019| Determination of the discharges' effect on ground water shall be
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0020| measured at any place of withdrawal of water for present or reasonably
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0021| foreseeable future use. Determination of the discharges' effect on
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0022| surface waters shall be measured at the point of discharge; or
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0023| (4) the applicant has, within the ten years
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0024| immediately preceding the date of submission of the permit
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0025| application:
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0001| (a) knowingly misrepresented a material fact in
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0002| an application for a permit;
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0003| (b) refused or failed to disclose any
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0004| information required under the Water Quality Act;
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0005| (c) been convicted of a felony or other crime
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0006| involving moral turpitude;
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0007| (d) been convicted of a felony in any court for
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0008| any crime defined by state or federal law as being a restraint of
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0009| trade, price-fixing, bribery or fraud;
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0010| (e) exhibited a history of willful disregard for
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0011| environmental laws of any state or the United States; or
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0012| (f) had an environmental permit revoked or
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0013| permanently suspended for cause under any environmental laws of any
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0014| state or the United States.
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0015| F. The commission shall by regulation develop procedures
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0016| that ensure that the public, affected governmental agencies and any
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0017| other state whose water may be affected shall receive notice of each
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0018| application for issuance or modification of a permit. No ruling shall
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0019| be made on any application for a permit without opportunity for a
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0020| public hearing at which all interested persons shall be given a
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0021| reasonable chance to submit data, views or arguments orally or in
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0022| writing and to examine witnesses testifying at the hearing.
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0023| G. The commission may adopt regulations for the operation
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0024| and maintenance of the permitted facility, including requirements, as
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0025| may be necessary or desirable, that relate to continuity of operation,
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0001| personnel training and financial responsibility, including financial
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0002| responsibility for corrective action.
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0003| H. Permits shall be issued for fixed terms not to exceed
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0004| five years, except that for new discharges, the term of the permit
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0005| shall commence on the date the discharge begins, but in no event shall
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0006| the term of the permit exceed seven years from the date the permit was
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0007| issued.
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0008| I. By regulation, the commission may impose reasonable
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0009| conditions upon permits requiring permittees to:
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0010| (1) install, use and maintain effluent monitoring
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0011| devices;
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0012| (2) sample effluents and receiving waters for any
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0013| known or suspected water contaminants in accordance with methods and
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0014| at locations and intervals as may be prescribed by the commission;
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0015| (3) establish and maintain records of the nature and
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0016| amounts of effluents and the performance of effluent control devices;
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0017| (4) provide any other information relating to the
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0018| discharge or direct or indirect release of water contaminants; and
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0019| (5) notify a constituent agency of the introduction
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0020| of new water contaminants from a new source and of a substantial
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0021| change in volume or character of water contaminants being introduced
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0022| from sources in existence at the time of the issuance of the permit.
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0023| J. The commission shall provide by regulation a schedule of
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0024| fees for permits, not exceeding the estimated cost of investigation
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0025| and issuance, modification and renewal of permits. Fees collected
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0001| pursuant to this section shall be deposited in the water quality
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0002| management fund.
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0003| K. The issuance of a permit does not relieve any person
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0004| from the responsibility of complying with the provisions of the Water
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0005| Quality Act, any applicable regulations or water quality standards of
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0006| the commission or any applicable federal laws, regulations or
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0007| standards.
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0008| L. A permit may be terminated or modified by the
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0009| constituent agency that issued the permit prior to its date of
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0010| expiration for any of the following causes:
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0011| (1) violation of any condition of the permit;
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0012| (2) obtaining the permit by misrepresentation or
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0013| failure to disclose fully all relevant facts;
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0014| (3) violation of any provisions of the Water Quality
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0015| Act or any applicable regulations, standard of performance or water
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0016| quality standards;
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0017| (4) violation of any applicable state or federal
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0018| effluent regulations or limitations; or
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0019| (5) change in any condition that requires either a
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0020| temporary or permanent reduction or elimination of the permitted
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0021| discharge.
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0022| M. If the constituent agency denies, terminates or modifies
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0023| a permit or grants a permit subject to condition, the constituent
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0024| agency shall notify the applicant or permittee by certified mail of
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0025| the action taken and the reasons.
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0001| N. A person who participated in a permitting action before
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0002| a constituent agency or a person affected by a certification of a
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0003| federal permit and who is adversely affected by such permitting action
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0004| or certification may file a petition for hearing before the
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0005| commission. The petition shall be made in writing to the commission
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0006| within thirty days from the date notice is given of the constituent
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0007| agency's action. Unless a timely request for hearing is made, the
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0008| decision of the constituent agency shall be final.
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0009| O. If a timely petition for hearing is made, the commission
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0010| shall hold a hearing within ninety days after receipt of the petition.
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0011| The commission shall notify the petitioner and the applicant or
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0012| permittee if other than the petitioner by certified mail of the date,
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0013| time and place of the hearing. If the commission deems the action
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0014| that is the subject of the petition to be affected with substantial
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0015| public interest, it shall ensure that the public receives notice of
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0016| the date, time and place of the hearing and is given a reasonable
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0017| chance to submit data, views or arguments orally or in writing and to
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0018| examine witnesses testifying at the hearing. A person submitting
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0019| data, views or arguments orally or in writing shall be subject to
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0020| examination at the hearing. In the hearing, the burden of proof shall
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0021| be upon the petitioner. The commission may designate a hearing
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0022| officer to take evidence in the hearing. Based upon the evidence
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0023| presented at the hearing, the commission shall sustain, modify or
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0024| reverse the action of the constituent agency.
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0025| P. If the petitioner requests, the hearing shall be
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0001| recorded at the cost of the petitioner. Unless the petitioner
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0002| requests that the hearing be recorded, the decision of the
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0003| commission shall be final."
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