CERTIFICATION OF ENROLLMENT

                        SENATE BILL 6609

                        57th Legislature

                      2002 Regular Session

Passed by the Senate March 12, 2002   YEAS 31   NAYS 14 President of the Senate Passed by the House March 5, 2002   YEAS 71   NAYS 26

CERTIFICATE I, Tony M. Cook, Secretary of the Senate of the State of Washington, do hereby certify that the attached is  SENATE BILL 6609 as passed by the Senate and the House of Representatives on the dates hereon set forth.

Speaker of the       House of Representatives

Secretary

Approved Place Style On Codes above, and Style Off Codes below.

FILED

Governor of the State of Washington

Secretary of State                   State of Washington

          _______________________________________________

                         SENATE BILL 6609

          _______________________________________________

                      AS AMENDED BY THE HOUSE

             Passed Legislature - 2002 Regular Session

State of Washington   57th Legislature        2002 Regular Session

By Senators Snyder, Deccio, T. Sheldon, Morton, Rasmussen, Honeyford, Hale and Hargrove

Read first time 01/23/2002.  Referred to Committee on State & Local Government.

Modifying the manner in which the department of ecology conducts studies. 

    AN ACT Relating to studies conducted by the department of ecology; and amending RCW 43.21A.130.

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

    Sec. 1.  RCW 43.21A.130 and 1987 c 505 s 28 are each amended to read as follows:

(1) In addition to any other powers granted the director, the director may undertake studies dealing with all aspects of environmental problems involving land, water, or air((:  PROVIDED, That)); however, in the absence of specific legislative authority, such studies shall be limited to investigations of particular problems, and shall not be implemented by positive action.

(2)(a) Any studies conducted by the department to establish the total maximum daily load of a water body under chapter 90.48 RCW must involve meaningful participation and opportunities to comment by the local watershed planning group established in chapter 90.82 RCW, the local governments whose jurisdictions are within the affected watershed, and any affected or concerned citizen who notifies the department of his or her interest in participating.  Technical or procedural disputes or disagreements that arise during the participation and comment process may be presented to the director for review.  The director shall conduct a review of the disputed items and issue written findings and conclusions to all interested participants.

(b) If a study conducted on the total maximum daily load of a water body may affect a new or renewed national pollution discharge elimination permit under chapter 90.48 RCW, the department must disclose prior to the finalization of the study the precision and accuracy of data collected, computer models developed, and assumptions used.

(c) Any party that participated in a study under this subsection (2) and disagrees with the director's written findings under (a) of this subsection may request an administrative hearing presided over by an administrative law judge.  The hearing shall be conducted in accordance with chapter 34.05 RCW.  If the administrative law judge finds that the department's conclusions were based on erroneous information or data, the administrative law judge may order that the study be disregarded.  The administrative law judge may also order the department to reimburse the party or parties requesting the hearing for any costs associated with hiring professional outside assistance that was reasonably necessary to prove that party's position at the hearing.  These costs include attorney and consultant fees.  The administrative law judge's determination or order shall be final and not subject to further appeal.

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