5 p.m.<\/strong><\/p>\nTabor is asked how this law reconciles with the article in the state constitution which says that natural resources in the state be used for the maximum benefit of the public?<\/p>\n
The Department of Law does a review of every state regulation but does not typically make its reviews public. Staff at DEC are not required to make a legal analysis because they are not legal experts, Tabor says.<\/p>\n
Tabor is asked if at the five year review process the public is allowed to make comment.<\/p>\n
While DEC is not required to take public comment in it’s five year review of each variance, federal law requires that public comment be taken every three years, Tabor says.<\/p>\n
If after five years of a variance, an incremental improvement cannot be demonstrated by a discharger can DEC revoke the variance?<\/p>\n
That would be specific to the individual variance, Tabor says.<\/p>\n
Are there any waters that are “off limits?” For example, national parks or municipal water supplies?<\/p>\n
The Environmental Protection Agency has not designated any waters as “off limits,” Tabor says, but is unlikely to approve a variance if it were to threaten critical water bodies.<\/p>\n
4:35 p.m.<\/strong><\/p>\nTabor has received several questions about review processes and public comment on variances once they have been given.<\/p>\n
Tabor said that because a variance is time limited, there would be a review process at least every five years but that additional milestones could be built into the variance. There are a number of review processes that can be implemented depending on a particular variance.<\/p>\n
4:22 p.m.<\/strong><\/p>\nTabor is taking questions from the public, both in the room in Juneau and around the state via teleconference. Members of the public have asked Tabor about the motivation behind suggesting the changes as well as behind the changes in federal regulations.<\/p>\n
Tabor has said that the federal changes were several years in the making and are meant to reflect modern business practices.<\/p>\n
Tabor is also asked about the public notification process, whether the department made sufficient effort to reach out to members of the public.<\/p>\n
Tabor replies that the notification for the meeting was released on August 1 and that several villages municipalities were reached out to before the meeting.<\/p>\n
4:15 p.m.<\/strong><\/p>\nThe Alaska Department of Environmental Conservation is proposing a change to a code dealing with water quality standards. The Division of Water of DEC suggests an amendment to a state law which would allow DEC to authorize “water quality standard variances” in specific instances.<\/p>\n
A WQS variance, according to a document from DEC, “provide(s) a flexible yet defined pathway for wastewater discharge permittees comply with state WQS.”<\/p>\n
DEC is requesting this change because of changes to federal water regulations that took place in 2015 and the state is now updating its own laws to reflect those regulations, according to Division of Water Section Manager Brock Tabor.<\/p>\n
\n\u2022 Contact reporter Peter Segall at 523-2228 or psegall@juneauempire.com.<\/b><\/p>\n
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