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15 <br /> (2) An Employee Stock Ownership Plan company in which at least fifty-one <br /> percent (51%) of the steek is ov,%ed by one e per-sons who--plan <br /> participants are members of at least one of the groups set forth in subsection <br /> (b) of this section. An ESOP company applying for certification as a <br /> historically underutilized business shall provide an attestation that it meets the <br /> requirements of this subdivision together with such documentation supporting <br /> the attestation as may be required by the Secretary." <br /> MODERNIZE WASTEWATER PERMITTING TO SUPPORT ENVIRONMENTALLY <br /> SOUND ECONOMIC DEVELOPMENT <br /> SECTION 5.1.(a) The General Assembly finds all of the following: <br /> (1) Residents of the State should be assured enjoyment of, and access to, proven <br /> and reasonable methods of treating and disposing of wastewater that embrace <br /> new technologies. <br /> (2) As the State continues to grow and attract businesses, it is critical that <br /> wastewater treatment and disposal facilities are provided for those businesses; <br /> and adequate and affordable housing that is proximate to those businesses <br /> must be available to assure the success of those businesses. <br /> (3) Residents of the State should be assured treatment in an equitable manner to <br /> their counterparts within other states comprising the United States <br /> Environmental Protection Agency's (USEPA) Region 4 where permits are <br /> authorized and issued for the discharge of treated wastewater from <br /> municipalities, businesses, and developments to, for example, receiving <br /> waters "in which natural flow is intermittent, or under certain circumstances <br /> non-existent" (Alabama Admin. Code r. 335-6-10-.09). <br /> (4) The discharge of treated wastewater to low flow or zero flow receiving waters <br /> is of low risk to the environment, protects and improves water quality, and <br /> provides the most prudent use of ratepayer funds. <br /> (5) For all these reasons, it is necessary to establish methodologies and rules for <br /> the discharge of treated domestic wastewaters with low risk following site <br /> specific criteria to surface waters of the State, including wetlands, perennial <br /> streams, and unnamed tributaries of named and classified streams and <br /> intermittent streams or drainage courses where the 7Q10 flow or 30Q2 flow <br /> of the receiving waters is estimated to be low flow or zero flow,as determined <br /> by the United States Geological Survey(USGS). <br /> (6) This act preserves and maintains the authority of the Department of <br /> Environmental Quality (Department) for appropriate review, including <br /> opportunities for public comment, and requires the Department and the <br /> Environmental Management Commission (Commission) to seek necessary <br /> approvals from USEPA to adopt temporary and permanent rules to authorize <br /> discharges of wastewater to such receiving waters. <br /> SECTION 5.1.(b) G.S. 143-215.1(c8) is repealed. <br /> SECTION 5.1.(c) Section 12.9 of S.L. 2023-134 is repealed. <br /> SECTION 5.1.(d) No later than August 1, 2024, the Department of Environmental <br /> Quality (Department) and the Environmental Management Commission (Commission) shall <br /> develop and submit to the United States Environmental Protection Agency for USEPA's approval <br /> draft rules that establish methodologies and permitting requirements for the discharge of treated <br /> domestic wastewaters with low risk following site-specific criteria to surface waters of the State, <br /> including wetlands, perennial streams, and unnamed tributaries of named and classified streams <br /> and intermittent streams or drainage courses where the 7Q10 now or 30Q2 flow of the receiving <br /> Senate Bill 802 Session Law 2024-44 Page 9 <br />