SB355 Alabama 2014 Session

Summary

Primary Sponsor

Cam Ward

Republican

Session

Regular Session 2014

Title

Municipalities, storm sewer system, regulation, Sec. 11-89C-15 added; Secs. 11-89C-1, 11-89C-2, 11-89C-4, 11-89C-9, 11-89C-10 am'd.

Description

This bill would allow the governing bodies of all counties and municipalities in the state which are now or may hereafter be specifically designated in 40 C.F.R. Part 122, including but not limited to, any revisions promulgated by the Environmental Protection Agency (EPA) in conjunction with any expansion of the agency's municipal separate storm sewer system program or by the Alabama Department of Environmental Management (ADEM) pursuant to the authority delegated to it under the Clean Water Act, 33 U.S.C. Section 1251 et seq., the authority to carry out the requirements of the municipal separate storm sewer system program.

This bill would provide the governing bodies with the option to establish intercooperative public corporations for efficient compliance with applicable federal and state laws, rules, and regulations relating to storm water discharges into municipal separate storm sewers.

This bill would expressly limit the jurisdictional scope of certain local storm water management programs.

This bill would permit regulation of only those sites discharging storm water into a program's municipal separate storm sewer system.

This bill would acknowledge EPA's "maximum extent practicable" standard applicable to its municipal separate storm sewer system program.

This bill would require adherence by each county of the tenets of Section 111.05 of Article IV of the Constitution of Alabama of 1901, and the limited authorities of self-governance conferred upon counties pursuant to Chapters 3 and 3A of Title 11 of the Code of Alabama 1975.

This bill would expressly limit the substantive scope of certain local storm water management programs.

This bill would clearly delineate the type of fees, charges, or assessments a governing body and/or certain public corporations levy and from whom such fees, charges, or assessments shall be levied.

This bill would exempt discharges originating from any lands and/or facilities owned and/or operated by one or more entities under the jurisdiction and supervision of the Alabama Public Service Commission from regulation under any local storm water management program and declare that such discharges shall be regulated exclusively by ADEM.

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Subjects

Municipalities