House of Representatives

HB 2101

water quality appeals board; continuation

Sponsors: Representatives Huffman, Gullett,

Senator Guenther, et al.

X	Committee on Environment
	Caucus and COW
	Third Read
	As Passed the House

HB 2101 continues the Water Quality Appeals Board (WQAB) in the DEQ statutes for an additional ten years. An appeal to the board may be taken: 1.) from any grant, denial, modification or revocation of any individual permit issued under the aquifer protection permit program or the Arizona pollutant discharge elimination system program; or 2.) by any person who is adversely affected by the action or who may be with reasonable probability be adversely affected and exercised rights to comment under the existing procedures for administrative appeals.

History

The WQAB was created in 1986 by the Environmental Quality Act (Chapter 368) and is established under the jurisdiction of the Department of Administration. The board consists of three members, one of whom must be an attorney. The members of the board hold three-year terms and are appointed by the Governor with Senate confirmation. Decisions of the WQAB are subject to appeal to the superior court. The statutes that pertain to the WQAB are ARS sections 49-321, 322, 323, and 324. The current members of the board are: Herman Bouwer, Douglas Nelson-chair, and Robert Wagner.

The statutes pertaining to the WQAB were amended in 2001, chapter 357 dealing with the Arizona Pollutant Discharge Elimination System Program.

A sunset review hearing was conducted November 8, 2001 to take testimony on the WQAB. The motion to continue the WQAB for 10 years passed 6-0-0-4.

Provisions

· Extends the termination date of the Water Quality Appeals Board from July 1, 2002 to July 1 2012.

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45th Legislature

Second Regular Session 2 January 18, 2002

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