Reference is to Printer's Date 4/18/13-H.
Amend the bill, as and if amended, by deleting Section 48-1-90(A)(4) on page 2 and inserting:
/ "(4)
A Any person, other than the
department or an agency, commission, department, or political
subdivision of the State, asserting that a person is in
violation of this section must first petition the department
in writing for a declaratory ruling as to the applicability of a
specific, existing regulatory program to a proposed or existing
discharge into the environment, provided that the proposed or
existing discharge is not exempt or excluded from permitting as
is set forth in subsection (A)(2). The person
proposing to emit or emitting such discharge must be named on
and served with the petition. The department must issue,
within sixty days after receipt of such petition,
issue a declaratory ruling as to the
applicability of such program to such discharge. If the
department determines a permit is required under such program
and that no exception or exclusion exists,
including, but not limited to, the exceptions set forth in
subsection (A)(2), the department must issue a declaration
requiring the submission of an application to permit such
discharge pursuant to the applicable permitting program. If the
department further determines that immediate action is necessary
to protect the public health or property due to such unpermitted
discharge, the department may further declare the existence of
an emergency and order such action as the department deems
necessary to address the emergency. Any person to whom such
emergency order is directed may apply directly to the
Administrative Law Court for relief and must be afforded a
hearing within forty-eight hours. Regardless of whether a
hearing is held, the department must revoke all emergency orders
as soon as conditions or operations change to the extent that an
emergency no longer exists. A party contesting
any who wishes to contest a department decision
on a petition may that a permit is not
required must request a contested case hearing in the
Administrative Law Court. Notwithstanding the administrative
remedy provided for in this section, no private cause of action
is created by or exists under this chapter."
/
Renumber sections to conform.
Amend title to conform.