81-1517. Political subdivision; permits; department; powers; evaluation and determination of terms and conditions; factors.
(1) In issuing permits to any political subdivision under the National Pollutant Discharge Elimination System created by the Clean Water Act, as amended, 33 U.S.C. 1251 et seq., the department may exercise all possible discretion allowed by the United States Environmental Protection Agency to enable the political subdivision to maintain environmental infrastructure while improving water quality in a manner that is sustainable and within the financial capability of the political subdivision. In exercising such discretion, the department may, when requested by a political subdivision, undertake an evaluation and make a determination of the necessity of specific permit terms and conditions to achieve water quality objectives. Such determination may affect the level of water treatment or pollution control, the length of time necessary for compliance, or both. Any political subdivision may request this evaluation and determination from the department in the issuance or reissuance of its permit.
(2) The department may include, but is not limited to, consideration of the following factors in making its evaluation and determination under subsection (1) of this section:
(a) The financial capability of a political subdivision to raise and secure necessary funding at a reasonable cost;
(b) The affordability for ratepayers for implementation of pollution control options available to a political subdivision using the most appropriate methodology and measurements for the political subdivision in making such affordability determination;
(c) The future growth potential and projections of a political subdivision and whether its infrastructure is sufficient for projected needs;
(d) The overall costs and environmental benefits of control technologies;
(e) Other environmental improvement investments made by a political subdivision; and
(f) Any other relevant economic and social concerns or environmental conditions.
Source