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SUBSTITUTE
SENATE BILL 6349
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Passed
Legislature - 2000 Regular Session
State of Washington 56th
Legislature 2000 Regular Session
By
Read first time 01/24/2000.
Extending
the expiration date of the water well delegation program.
AN
ACT Relating to extending the expiration date of the water well delegation
program; amending RCW 18.104.043; and providing an expiration date.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
18.104.043 and 1996 c 12 s 2 are each amended to read as follows:
(1)
If requested in writing by the governing body of a local health district or
county, the department by memorandum of agreement may delegate to the governing
body the authority to administer and enforce the well tagging, sealing, and
decommissioning portions of the water well construction program.
(2)
The department shall determine whether a local health district or county that
seeks delegation under this section has the resources, capability, and
expertise, including qualified field inspectors, to administer the delegated
program. If the department determines the local government has these
resources, it shall notify well contractors, consultants, and operators of the
proposal. The department shall accept written comments on the proposal for
sixty days after the notice is mailed.
(3)
If the department determines that a delegation of authority to a local health
district or county to administer and enforce the well sealing and
decommissioning portions of the water well construction program will enhance the
public health and safety and the environment, the department and the local
governing body may enter into a memorandum of agreement setting forth the
specific authorities delegated by the department to the local governing body.
The memorandum of agreement shall provide for an initial review of the
delegation within one year and for periodic review thereafter.
(4)
With regard to the portions of the water well construction program delegated
under this section, the local governing agency shall exercise only the
authority delegated to it under this section. If, after a public hearing, the
department determines that a local governing body is not administering the
program in accordance with this chapter, it shall notify the local governing
body of the deficiencies. If corrective action is not taken within a
reasonable time, not to exceed sixty days, the department by order shall
withdraw the delegation of authority.
(5)
The department shall promptly furnish the local governing body with a copy of
each water well report and notification of start cards received in the area
covered by a delegated program.
(6)
The department and the local governing body shall coordinate to reduce
duplication of effort and shall share all appropriate information including
technical reports, violations, and well reports.
(7)
Any person aggrieved by a decision of a local health district or county under a
delegated program may appeal the decision to the department. The department's
decision is subject to review by the pollution control hearings board as
provided in RCW 43.21B.110.
(8)
The department shall not delegate the authority to license well contractors,
renew licenses, receive notices of intent to commence constructing a well,
receive well reports, or collect state fees provided for in this chapter.
(((9)
This section expires June 30, 2000.))
NEW SECTION. Sec. 2. RCW
18.104.043 expires June 30, 2006.
