AN ACT Relating to water quality; amending RCW 90.48.010, 90.52.040, and 90.54.020; adding new sections to chapter 43.21A RCW; and creating new sections.

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

NEW SECTION. Sec. 1. The legislature finds that there is a need to:

(1) Better coordinate federal, state, and local management and regulation of activities affecting water quality;

(2) More clearly define effective and complementary roles for the many agencies and entities which affect Puget Sound water quality;

(3) Better conserve aquatic habitat through integrated management planning;

(4) Develop a coordinated, sound-wide program of monitoring and research which will be consistent, thorough, nonduplicative, and useful for decision-making;

(5) Enhance fiscal and regulatory mechanisms which provide realistic incentives for improved performance;

(6) Insure the adequate enforcement of laws and regulations; and

(7) Identify goals and standards against which future actions affecting the Sound's water quality can be judged.

The legislature declares that local, state, and federal levels of government must place a high priority on Puget Sound water quality and must thereby provide the resources to ensure that existing management tools and enforcement procedures are utilized to their fullest extent.

NEW SECTION. Sec. 2. A new section is added to chapter 43.21A RCW to read as follows:

In implementing existing law, the department of ecology shall be guided by the following policy considerations:

(1) Funding and technical assistance must be provided for improved wastewater treatment throughout the Sound region to the extent possible.

(a) Solving the problem of combined sewer overflows shall proceed simultaneously with planning for secondary treatment and, where appropriate, would enter the planning and design process for all new or improved wastewater treatment facilities.

(b) Industrial pretreatment planning shall be an integral part of the transition to secondary treatment. Enforcement of pretreatment requirements shall be vigorously pursued in the short term as well.

(c) On-site sewage treatment (such as septic tank and drainfield systems) can be a viable alternative to municipal treatment in many situations. Efforts shall continue to identify sensitive areas and formulate strategies to protect them.

(2) All available avenues for controlling nonpoint source pollution shall be pursued.

The state shall provide all available assistance and incentives for local governments and special districts to integrate land use management with water quality management and to pursue effective surface water management strategies.

(3) To the fullest extent possible, the necessary support for implementing the department's shellfish protection strategy shall be provided.

(a) The department shall establish models for basin planning for land use practices to protect shellfish.

(b) As the program develops, it shall be expanded to cover all valued shellfish resources of Puget Sound and the full range of point and nonpoint threats to shellfish.

(4) Opportunities for public involvement in the effort to protect Puget Sound shall be enhanced and expanded.

(5) Public education on Puget Sound and on pollution management shall be enhanced and expanded.

A public information campaign should dovetail with a public involvement program, so that concerned citizens are made aware of opportunities for participating in the decisions which affect Puget Sound.

(6) A sound-wide approach to dredge spoil disposal shall be adopted and implemented.

(7) Support and encouragement shall be provided for a monitoring and data management system for Puget Sound water and sediment quality. This system shall be comprehensive, nonduplicative, accessible, and useful for management decisions. Avenues may exist for providing this capability, with little increased cost, using existing sources of expertise.

(8) A concerted effort shall be made to protect, preserve, and where possible, restore wetlands and wildlife habitat throughout Puget Sound.

NEW SECTION. Sec. 3. A new section is added to chapter 43.21A RCW to read as follows:

The department of ecology shall:

(1) Work with local jurisdictions and providers of wastewater treatment to expedite improved treatment capabilities;

(2) Convene, for the purpose of coordination, the agencies and institutions needed to provide an adequate water quality monitoring program and a comprehensive base of information;

(3) Work with soil conservation districts, local jurisdictions, the department of natural resources, and other agencies to improve resource management practices on lands draining into Puget Sound; and

(4) Continue developing a series of public service announcements which address the role of individuals in protecting the health of Puget Sound.

NEW SECTION. Sec. 4. By September 1, 1985, the department of ecology shall report to the legislature their progress in implementing the provisions of this act.

Sec. 5. Section 1, chapter 216, Laws of 1945 as amended by section 1, chapter 155, Laws of 1973 and RCW 90.48.010 are each amended to read as follows:

It is declared to be the public policy of the state of Washington to maintain the highest possible standards to ((~~insure~~)) protect the ((~~purity~~)) quality of all waters of the state consistent with public health and public enjoyment thereof, the propagation and protection of wild life, birds, game, fish, and other aquatic life, and the industrial development of the state, and to that end require the use of ((~~all~~)) any known, available and reasonable methods by industries and others sufficient to prevent and control the pollution of the waters of the state of Washington. Consistent with this policy, the state of Washington will exercise its powers, as fully and as effectively as possible, to retain and secure high quality for all waters of the state. The state of Washington in recognition of the federal government's interest in the quality of the navigable waters of the United States, of which certain portions thereof are within the jurisdictional limits of this state, proclaims a public policy of working cooperatively with the federal government in a joint effort to extinguish the sources of water quality degradation, while at the same time preserving and vigorously exercising state powers to insure that present and future standards of water quality within the state shall be determined by the citizenry, through and by the efforts of state government, of the state of Washington.

Sec. 6. Section 4, chapter 160, Laws of 1971 ex. sess. and RCW 90.52.040 are each amended to read as follows:

In the administration of the provisions of chapter 90.48 RCW, the director of the department of ecology shall((, regardless of the quality of the water of the state to which wastes are discharged or proposed for discharge, and regardless of the minimum water quality standards established by the director for said waters,)) require wastes to be provided with ((~~all~~)) any known, available((,)) and reasonable methods of treatment sufficient to prevent and control the pollution of the waters of this state prior to their discharge or entry into waters of the state unless such discharge or entry will not reduce the water quality standards of those waters.

Sec. 7. Section 2, chapter 225, Laws of 1971 ex. sess. and RCW 90.54.020 are each amended to read as follows:

Utilization and management of the waters of the state shall be guided by the following general declaration of fundamentals:

(1) Uses of water for domestic, stock watering, industrial, commercial, agricultural, irrigation, hydroelectric power production, mining, fish and wildlife maintenance and enhancement, recreational, and thermal power production purposes, and preservation of environmental and aesthetic values, and all other uses compatible with the enjoyment of the public waters of the state, are declared to be beneficial.

(2) Allocation of waters among potential uses and users shall be based generally on the securing of the maximum net benefits for the people of the state. Maximum net benefits shall constitute total benefits less costs including opportunities lost.

(3) The quality of the natural environment shall be protected and, where possible, enhanced as follows:

(a) Perennial rivers and streams of the state shall be retained with base flows necessary to provide for preservation of wildlife, fish, scenic, aesthetic, and other environmental values, and navigational values. Lakes and ponds shall be retained substantially in their natural condition. Withdrawals of water which would conflict therewith shall be authorized only in those situations where it is clear that overriding considerations of the public interest will be served.

(b) Waters of the state shall be of high quality. ((~~Regardless of the quality of the waters of the state,~~)) All wastes and other materials and substances proposed for entry into said waters shall be provided with ((~~all~~)) any known, available((,)) and reasonable methods of treatment sufficient to prevent and control the pollution of the waters of this state prior to entry. Notwithstanding that standards of quality established for the waters of the state would not be violated, wastes and other materials and substances shall not be allowed to enter such waters which will reduce the existing quality thereof, except in those situations where it is clear that overriding considerations of the public interest will be served.

(4) Adequate and safe supplies of water shall be preserved and protected in potable condition to satisfy human domestic needs.

(5) Multiple-purpose impoundment structures are to be preferred over single-purpose structures. Due regard shall be given to means and methods for protection of fishery resources in the planning for and construction of water impoundment structures and other artificial obstructions.

(6) Federal, state, and local governments, individuals, corporations, groups, and other entities shall be encouraged to carry out practices of conservation as they relate to the use of the waters of the state.

(7) Development of water supply systems, whether publicly or privately owned, which provide water to the public generally in regional areas within the state shall be encouraged. Development of water supply systems for multiple domestic use which will not serve the public generally shall be discouraged where water supplies are available from water systems serving the public.

(8) Full recognition shall be given in the administration of water allocation and use programs to the natural interrelationships of surface and ground waters.

(9) Expressions of the public interest will be sought at all stages of water planning and allocation discussions.

(10) Water management programs, including but not limited to, water quality, flood control, drainage, erosion control, and storm runoff are deemed to be in the public interest.