The new Waters of the U.S. (WOTUS) rule, issued by the U.S. EPA and Army Corps of Engineers in January as a replacement for the 2015 rule, was published in the Federal Register today which makes it effective on June 22nd. The 2015 rule was strongly opposed by the IAAP and other industry groups due to the unnecessary regulatory burden added to mining and construction projects. The new rule can be found here: 2020 WOTUS Rule. As the NSSGA, IAAP and other industry groups requested, the rule excludes ephemeral and isolated waters, pits and water treatment systems (such as settling ponds), and most ditches from the definition of federally regulated waters and provides much needed clarity to the scope of the Clean Water Act jurisdiction. The IAAP had previously filed comments in support of the proposed rule. Court challenges are expected.
The IAAP participated in a conference call with IDOT Secretary Osman and his leadership team this morning in which IDOT provided an update on its construction activity. We were informed that the upcoming April 24th and June 12th lettings will proceed as planned, with the April letting being particularly large as we are seeing additional revenues from the State’s new capital plan invested. Both lettings will include projects in all nine IDOT districts. IDOT has delayed releasing its new Multi-Year Plan (MYP) in order to assess the impact of decreasing motor fuel tax revenues due to COVID-19.
As you may be aware, in response to the COVID-19 pandemic, Governor Pritzker last night issued Executive Order 2020-18 which extends the “Stay-at-Home” order Executive Order 2020-10, originally issued March 20th, through April 30th. Note that the new Executive Order maintains the exemption for the entire mining and construction industry. While our industry is allowed to continue operations, it is absolutely critical that we adhere to social distancing and other safety guidelines. See the IAAP website https://www.iaap-aggregates.org/covid-19-resources.html for the latest industry guidance and best practices.
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September 2021
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