AN ACT Relating to enforcement procedures for water quality discharge permits; amending RCW 90.48.460; adding new sections to chapter 90.48 RCW; creating new sections; and prescribing penalties.

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

NEW SECTION. Sec. 1. It is the intent of the legislature to provide the department of ecology with the necessary resources to adequately administer federal and state water quality discharge permits. In doing this, the legislature intends to improve water quality state-wide by allowing the department of ecology to adequately monitor discharges into state ground and surface waters and enforce water pollution laws.

NEW SECTION. Sec. 2. The department of ecology shall annually conduct a minimum of ten unannounced inspections of dischargers in possession of permits and suspected dischargers that the department has identified.

NEW SECTION. Sec. 3. For all permits issued under this chapter that contain effluent standards, the department of ecology shall review those standards every five years. Detailed research previously conducted by the federal environmental protection agency shall not be reproduced unless the department deems it is necessary in order to accomplish the objectives of this chapter. Effluent standards shall be reviewed to protect water quality and to ensure that all known, available, and reasonable treatment is implemented.

NEW SECTION. Sec. 4. The department of ecology shall establish, by rule, effluent standards for state permits issued under this chapter.

Sec. 5. Section 4, chapter 249, Laws of 1985 and RCW 90.48.460 are each amended to read as follows:

The department of ecology shall collect administrative expenses from any person or entity requesting action of the department pertaining to the processing of applications for permits provided in RCW 90.48.160, 90.48.162, and 90.48.260. For the purposes of this section, "administrative expenses" shall mean the total actual costs incurred by the department in processing such permit applications and conducting adequate departmental permit surveillance, investigation, monitoring, enforcement, and related activities.

NEW SECTION. Sec. 6. (1) Violators of RCW 90.48.460 shall forfeit not less than two hundred dollars nor more than ten thousand dollars or an amount double the applicable fee, whichever is greater, for each offense.

(2) The department shall develop a fee schedule and report to the legislature on implementation of this section by January 1, 1987.

(3) By January 1, 1989, the department shall submit a report to the appropriate standing committees of the legislature on its administration of the fee program under this section, increases in permits issued, amounts collected, and their relationship to the cost of permit administration activities.

(4) The issuance of permits and the review and approval of plans after the effective date of this act are subject to RCW 90.48.460 and section 7 of this act.

NEW SECTION. Sec. 7. In order to recover costs to the state for the review and approval of wastewater facility plans and reports, and the cost of inspection of wastewater facilities and related activities conducted under RCW 90.48.110, the department shall establish, by rule, a schedule of fees that reflects the actual administrative costs for each activity or for classes or categories of activities. However, fees shall not be required for review of plans or reports prepared with assistance from state or federal grants administered by the department, nor may fees be required for inspection of facilities under construction with such grant assistance.

NEW SECTION. Sec. 8. The department of ecology shall develop by rule a schedule of determinate penalties for waste disposal permit violations. The schedule shall be based on the severity and frequency of the violation. Mandatory minimum penalties for waste disposal permit violations shall be included.

NEW SECTION. Sec. 9. (1) The department of ecology shall conduct a study to investigate methods of providing incentives for industrial and municipal dischargers to lessen the quantity, toxicity, and concentration of waste pollutants discharged into state ground and surface waters. The department of ecology shall form a study team consisting of representatives from business, local, state, and federal government, and public interest groups. The team shall report on:

(a) Programs in other states and countries designed to lessen discharges of pollutants to ground and surface waters including: (i) Impact on state financial resources, (ii) overall water pollution reduction effectiveness, and (iii) economic impact on dischargers; and

(b) Feasible options for implementing a program in this state, including: (i) Cost of implementation, (ii) relative benefits to dischargers, (iii) overall economic impact on the state, and (iv) projected water pollution reduction.

(2) The department of ecology shall report to the appropriate standing committees of the legislature on the findings of this study by December 1, 1987.

NEW SECTION. Sec. 10. The department of ecology shall submit to the appropriate standing committees of the legislature by January 1, 1988, a report on its effectiveness in implementing RCW 90.48.460 and sections 2, 4, 6, 7, 8, and 9 of this act.

NEW SECTION. Sec. 11. Sections 2, 3, 4, 6, 7, and 8 of this act are each added to chapter 90.48 RCW.