SSB 3052

This bill relates to the adoption and use of certain general permits issued by the department of natural resources (DNR). Under current law, if a permit is required under Code chapter 455B, 459, 459A, or 459B for activities that result in storm water discharge or air contamination, DNR may issue, modify, deny, or revoke a general permit when a facility is representative of a class of facilities that could be described and conditioned by a single permit. After a general permit takes effect, a permitee is required to provide public notice of intent to conduct activities under a general permit by publishing notice in one newspaper with the largest circulation in the area in which the facility is located. The bill strikes the requirement for the permittee to publish public notice of intent and instead requires DNR to provide such notice electronically. Current law requires a person to file a written application with DNR if the person desires to erect, construct, use, or maintain a structure, dam, obstruction, deposit, or excavation in or on any floodway or floodplains or to erect, construct, maintain, or operate a dam on a navigable or meandered stream or on a stream for manufacturing or industrial purposes. After an investigation, DNR is required to approve or deny the application and impose conditions and terms. The bill removes the requirement that the application be written. The bill allows the environmental protection commission to adopt rules for the issuance of general permits. A general permit shall authorize activities that, by their nature, do not require further DNR review. The bill exempts DNR from approving or denying an application if the proposed activity falls under an adopted general permit.