H259 - 2023 Appropriations Act. (SL 2023-134)

Overview: Section 12.9 of S.L. 2023-134 establishes a new statutory requirement that the Department of Environmental Quality (DEQ) permit discharges of highly treated domestic wastewater to surface waters of the State where the 7Q10 flow or 30Q2 flow of the receiving waterbody is estimated to be low flow or zero flow if the wastewater treatment system is capable of meeting specific water quality-based effluent limitations for nine listed parameters. Such discharges, however:

• Must be directed through buffer systems meeting standards as set forth in the section.
• Are generally prohibited to classified shellfish waters or outstanding resource waters.
• Are limited based on the ability of the receiving waters to hydraulicly accept the proposed flow as determined through methods established in the section.

The section further provides that:

• Once an applicant has submitted data to demonstrate that a proposed discharge meets the requirements of this section, signed, and sealed by a professional engineer licensed in accordance with the provisions of Chapter 89C of the General Statutes, DEQ must deem the application complete for the purposes of DEQ's review.
• If rules are required in order to implement the requirements of this section, DEQ must adopt temporary rules no later than 60 days after this section becomes law. Any temporary rules adopted will remain in effect until permanent rules that replace the temporary rules become effective. Rules adopted cannot, however, impose additional requirements on permitting of the discharge of highly treated domestic wastewater over that established under this section.

This section became effective October 3, 2023, and applies to permits for new or expanded wastewater discharge facilities issued on or after that date.