H-1483.1 _______________________________________________
HOUSE BILL 1902
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State of Washington 53rd Legislature 1993 Regular Session
By Representatives Johanson, Long, Foreman, Appelwick, Riley, Mastin, Forner, Ludwig, Van Luven, Horn, Mielke, Brumsickle, Schoesler, Sheahan, Casada, Chandler, Lisk, Karahalios, Flemming, Eide, Lemmon, Sheldon, Miller, Bray, Vance and Cooke
Read first time 02/15/93. Referred to Committee on Environmental Affairs.
AN ACT Relating to the issuing of sediment impact zone permits for the discharge of polluted storm water onto third-party property; adding a new section to chapter 90.48 RCW; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 90.48 RCW to read as follows:
(1) A state or local government agency that may issue a sediment impact zone permit for the discharge of polluted storm water according to chapter 173-204 WAC onto private property not owned by the permittee or licensee without the express written consent of the owner of the private property, must include a condition in the permit that requires the discharger to obtain the private property owners permission within six months. However, if the permittee or licensee and the private property owner cannot reach agreement regarding terms for consent of the discharge, then the dispute shall be settled by mandatory binding arbitration within an additional six months.
(2) If a private property landowner has substantial reason to believe that a storm water discharge may require a sediment impact zone, the property owner may petition the Washington state department of ecology to have the discharger conduct a monitoring program to determine if a sediment impact zone is required. If the Washington state department of ecology determines the petition to have merit, the department shall require the discharger to conduct a monitoring study for that discharge. If the department finds the discharge to require a sediment impact zone, then the department shall require the discharger to obtain the permit.
(3) Notification to landowners shall be deemed to be sufficient if the notification is consistent with chapter 173-204 WAC. If a landowner, who is part of a sediment impact zone, is discovered at a later date, the provisions of subsection (1) of this section shall apply.
(4) State and local government agencies, who are permitted dischargers, are liable under chapter 70.105D RCW for all cleanup costs, natural resource damages, and for all legal costs for damage that they caused.
(5) The department shall not allow a sediment impact zone to exceed sediment impact zone maximum criteria.
(6) For the purpose of this section, "pollution" means a substance that could give rise to liability for cleanup under chapter 70.105D RCW or 42 U.S.C. Secs. 9601 through 9675.
NEW SECTION. Sec. 2. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.
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