6178-S

AN ACT Relating to wastewater discharge permits; adding new sections to chapter 90.48 RCW; and creating new sections.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature finds that in order to protect the quality of our state's waters, it is necessary to enhance the efficiency and effectiveness of the department of ecology's wastewater discharge permit program. Ensuring prompt review and renewal of wastewater discharge permits and implementing a rigorous inspection and enforcement program are a high priority. The legislature also finds that both the water quality of the state and the administrative efficiency of the wastewater discharge program will benefit from privatization of many program functions, subject to department review and oversight. Privatization is intended to improve the efficiency of permit processing and to increase the frequency of permit compliance assurance activities. Such privatization shall not affect the authority of the department to bring enforcement actions, nor shall it affect provisions in existing law for public participation and rights of appeal of permit decisions.

NEW SECTION. Sec. 2. A new section is added to chapter 90.48 RCW to read as follows:

(1) For the period beginning July 1, 1994, and ending July 1, 1996, the department may allow persons applying for a permit, renewal or modification required under RCW 90.48.260 to submit a draft permit and fact sheet in lieu of an application form. The department shall: (a) Establish criteria for types of applicants that are eligible to submit draft permits and fact sheets, which shall include consideration of the applicant's compliance history; (b) develop guidelines specifying the elements of a complete draft permit and fact sheet; and (c) make available a list of approved contractors with whom applicants may contract for draft permit preparation. The department shall document cost and time savings resulting from draft permit preparation by applicants and shall reflect these savings in the next revision of permit fees for such applicants. The draft permit shall be submitted to the department for review and final approval. Nothing in this section affects the requirements for public participation and right of appeal under RCW 90.48.260 and chapter 43.21B RCW. The department shall retain full authority under chapter 90.48 RCW to approve, modify, or disapprove any draft permit or fact sheet submitted under this section.

(2) By July 1, 1995, the department shall provide an interim report to the legislature evaluating the effectiveness of the provisions in subsection (1) of this section. A final report shall be submitted by December 1, 1996.

NEW SECTION. Sec. 3. A new section is added to chapter 90.48 RCW to read as follows:

(1) Beginning July 1, 1994, and ending July 1, 1996, the department shall conduct a pilot program to test the feasibility and effectiveness of using personal services contracts for conducting annual compliance inspections for industrial permittees. As part of the program, the department shall enter into contracts for the performance of no less than twenty-five percent of annual compliance inspections for different categories of industrial permittees, including minor permittees as defined under the federal clean water act. Such contracts shall meet the requirements of chapter 39.29 RCW. The department shall include terms in the contract to protect the confidentiality of proprietary information that is obtained as part of an inspection. Nonproprietary information related to wastewater discharge characteristics or treatment processes shall be public information. The contract shall also specify that individuals under contract with the department shall not accept employment with entities they or their business have inspected for four years after the final report of the inspection.

(2) By July 1, 1995, the department shall provide an interim report to the legislature evaluating the effectiveness of the pilot program. A final report on the pilot program shall be submitted by December 1, 1996.

(3) Nothing in this section affects the authority of the department to bring enforcement actions under this chapter.

NEW SECTION. Sec. 4. The department of personnel shall review the compensation levels of those employee classifications applicable to employees of the department of ecology requiring engineering expertise and experience related to wastewater management. The department shall review comparable compensation levels in the private sector and provide a summary of the information obtained to the standing committees on environmental and fiscal matters of the senate and the house of representatives by December 1, 1994. This section shall expire January 1, 1995