HB 824 Changes various environmental regulations

     Handler: Klindt

Current Bill Summary

- Prepared by Senate Research -


HCS/HB 824 - This act pertains to environmental regulation.

The act modifies the land reclamation act first by exempting the excavation of mineral or fill dirt for the purposes of construction or land improvement from the surface mining permitting process. Excavations that are to be considered for construction and land improvement purposes are laid out in the act. If it is found, by the staff director of the land reclamation commission, that excavation thought to be exempt from permitting, is indeed determined to be surface mining and appropriate for permitting, notification to that effect shall be sent in writing to the owner of the property. The act allows for the owner to request an informal conference with the director within fifteen days to discuss the determination, and no more than thirty calendar days after such conference, a written determination shall be sent to the owner of the property from the director.

There is an appeal option laid out in the act; the property owner may request a hearing before the land reclamation commission if the decision by the director is unacceptable. The act does allow the excavation to continue while a determination is contested.

The act transfers authority to hear appeals granted to the hazardous waste management commission, land reclamation commission, safe drinking water commission, air conservation commission, and the clean water commission, to the administrative hearing commission. The authority to render final decisions after appeals heard by the administrative hearing commission remains with the commissions listed in the act. The funds used to cover the costs associated with these appeals shall come from appropriations from the various commissions privy to this process.

The act modifies the amount which is to be paid by permitted air contaminant sources; currently the minimum and maximum limits for these fees can be adjusted on an annual basis. The act changes that; with this act those fees may still be adjusted on an annual basis but shall not be less than twenty-five dollars per ton of regulated air contaminant and not more than forty dollars per ton of regulated air contaminant.

MEGAN WORD


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