RES 611 Draft 01 2020-2022 - Laserfiche WebLink

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t R. ( H 0 U S E C A 0" N C U R R E IN'T RESOLUTION 's t N t S 6 REQUESTING THE DEPARTMENT OF HEALTH TO ADOPT RULES FOR A PERMIT y TO DISCHARGE POLLUTANTS THAT CONSIDER THE MAJOR FACTORS THAT ARE CONSIDERED IN IDENTIFYING THE FUNCTIONAL EQUIVALENT OF A DIRECT DISCHARGE FOR POINT SOURCES OR NON- POINT SOURCES. 1 WHEREAS, the Clean Water Act was enacted to regulate 2 pollution from point sources into surface waters by requiring a ;I 3 permit through the National Pollutant Discharge System (NPDES) ; 4 that limits the pollutants that may be emitted by a point source 5 and the treatment steps that are necessary to limit those 6 pollutants; and 7 8 WHEREAS, the U.S. Supreme Court held that the Clean Water 9 Act requires a permit when pollutants originating from a non- 10 point source can be conclusively traced to navigable waters via 11 the "functional equivalent of a direct discharge"; and 12 13 WHEREAS, determining "functional equivalent" is complicated 14 by factors such as: } 15 (1) Time and distance a pollutant travels; 16 (2) The nature of the material through which the pollutant , 17 travels; 18 (3) The extent to which the concentration of the pollutant 19 changes as it travels; and 20 21 WHEREAS, the Court elaborated that functional equivalent 22 permitting determinations should preserve the authority of 3 23 states to regulate groundwater and other non-point sources of 24 pollution; and f 25 26 WHEREAS, the department of health is responsible for 27 proposing rules defining "functional equivalent" relating to the 28 discharge of pollutants that require a National Pollution 29 Discharge Elimination System (NPDES) permit; now, therefore ti 30 K e EXHIBIT A. r