AB 755

This bill requires the Department of Natural Resources (DNR) to issue a

general permit authorizing the Department of Transportation (DOT) to discharge

storm water from the site of certain activities affecting the waters of this state that

are conducted by DOT. The bill also revises the definition of a "new source" for

purposes of certain laws regulating discharges of pollutants from point sources.

Under current law, DNR regulates certain activities that occur in or near

navigable waters and also administers various environmental laws. In order for a

person to conduct an activity in or near a navigable water or to discharge certain

pollutants into the air or waters of this state, the person may be required to obtain

one or more permits from DNR. Among the environmental permits that DNR issues

are storm water discharge permits.

Current law exempts DOT from obtaining certain navigable waters permits

and certain environmental permits affecting waters of this state including storm

water discharge permits. The exemptions apply to activities affecting waters of this

state that are carried out under DOT's direction and supervision, such as the

construction of a highway or bridge (transportation activity), and are subject to

certain conditions. Under these conditions, DOT must accomplish the

transportation activity in accordance with interdepartmental liaison procedures

established by DOT and DNR for the purpose of minimizing the adverse

environmental impact of the activity. DOT and DNR must also exchange

information and cooperate in planning and carrying out DOT activities in order to

alleviate potential detrimental encroachment on the waters of the state.

This bill requires DNR to issue a general permit that authorizes DOT to

discharge storm water from the site of a transportation activity (transportation

general permit). The bill provides that, instead of being exempt from any

requirement to obtain a storm water discharge permit, DOT must obtain an

individual permit from DNR or obtain coverage under a transportation general

permit required to be issued by DNR under this bill. The bill specifies that a

transportation activity covered by a transportation general permit is subject to the

interdepartmental liaison procedures that apply under current law to DOT

transportation activities. The bill requires DNR to issue a transportation general

permit on or before June 30, 2018, but DOT is not required to obtain an individual

permit or coverage under a general permit until DNR issues a transportation general

permit as required under the bill.

Under current law, DNR must promulgate by rule effluent limitations for point

sources of water pollution. An effluent limitation is a restriction on the quantity,

rate, and concentration of a pollutant discharged from a point source into state

waters. A point source is a discernible, confined, and discrete conveyance, such as

a pipe, well, or concentrated animal feeding operation from which pollutants may be

discharged into the waters of the state or into a publicly owned sewage system. DNR