FORTY-SIXTH LEGISLATURE

FIRST SESSION, 2003



February 21, 2003





Mr. Speaker:



Your ENERGY AND NATURAL RESOURCES COMMITTEE, to whom has been referred



HOUSE BILL 654



has had it under consideration and reports same WITHOUT RECOMMENDATION amended as follows:



1. On pages 3 and 4, strike Subsection F in its entirety and insert in lieu thereof the following new subsection:



"F. Within thirty days of submission of an application for a permit for the discharge of a water contaminant or for the disposal or re-use of septage or sludge, the applicant shall provide notice to the general public in a form prescribed by the department and by the following methods:



(1) certified mail to an owner of record as indicated by the most recent property tax schedule of a property located:



(a) within one hundred feet of the source or proposed source of discharge or re-use if the source or proposed source is or will be located in a class A or H class county or in a municipality with a population of more than two hundred thousand five hundred persons; or



(b) within one-half mile of the source of discharge or proposed source of discharge or re-use if the source is not located or is not proposed to be located in a class A or H class county or in a municipality with a population of more than two hundred thousand five hundred persons;



(2) certified mail to a municipality and a county where the source or proposed source of discharge or re-use is or will be located;



(3) certified mail to a municipality, county and Indian tribe, chapter or pueblo that has a boundary located within ten miles of the source or proposed source of discharge or re-use;



(4) publication in English and, as appropriate, in Spanish in a classified or legal advertisements section of a newspaper of general circulation in the county where the source or proposed source of discharge or re-use is or will be located and in a different section of the same newspaper calculated to give effective public notice; and



(5) posting at a minimum of four publicly accessible and conspicuous places, including the entrance to the property on which the source or proposed source of discharge or re-use is located.".,

and thence referred to the JUDICIARY COMMITTEE.



Respectfully submitted,







James Roger Madalena, Chairman





Adopted Not Adopted

(Chief Clerk) (Chief Clerk)



Date





The roll call vote was 11 For 0 Against

Yes: 11

Excused: None

Absent: None



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