S-1675               _______________________________________________

                                                   SENATE BILL NO. 4287

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Senator Lee

Read first time 2/8/85 and referred to Committee on Parks and Ecology.

AN ACT Relating to disposal of sanitary wastes at marinas; amending RCW 43.99.070; adding a new chapter to Title 70 RCW; and adding a new section to chapter 82.04 RCW.

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

NEW SECTION. Sec. 1.     (1) Pumpout facilities for disposal of sanitary wastes from boats shall be installed at all public and private marinas located on all waters of the state if:

          (a) The marina is of sufficient size and design to serve boats with toilets;

          (b) There is a lack of adequate pumpout facilities within a reasonable distance or within a boating usage area; and

          (c) Provisions can reasonably be made for the disposal of the sewage from the pumpout facility.

          The department of ecology shall determine if a marina is required to install pumpout facilities and may grant exemptions from this section in appropriate cases.

          (2) The facilities required under this section shall be designed according to the criteria established by the department of social and health services in its environmental health guidelines for marine development.

          (3) Each marina shall prominently display signs stating that sanitary wastes are not to be discharged while boats are within the waters of the marina.

          (4) The department of ecology shall adopt rules necessary to implement this section.

NEW SECTION. Sec. 2.  A new section is added to chapter 82.04 RCW to read as follows:

          (1) A credit is allowed against the tax imposed in this chapter equal to ten percent of all amounts paid by the taxpayer to install pumpout facilities under section 1 of this act.

          (2) To receive a credit under this section, a taxpayer shall apply for prior approval to the department of revenue on such forms as the department may prescribe.

          (3) The total amount of credits granted under subsection (1) of this section in any year shall not exceed the amount of tax imposed under this chapter for the year.  Excess credits may not be carried over to succeeding years.

          (4) The department shall adopt rules to implement this section.

        Sec. 3.  Section 7, chapter 5, Laws of 1965 as amended by section 111, chapter 158, Laws of 1979 and RCW 43.99.070 are each amended to read as follows:

          Upon expiration of the time limited by RCW 82.36.330 for claiming of refunds of tax on marine fuel, the state of Washington shall succeed to the right to such refunds.  From time to time, but at least once each biennium, the director of licensing, after taking into account past and anticipated claims for refunds from and deposits to the marine fuel tax refund account and the costs of carrying out the provisions of RCW 43.99.030, shall request the state treasurer to transfer to the outdoor recreation account such of the moneys in the marine fuel tax refund account as shall not be required for payment of such refund claims or costs, and the state treasurer shall make such transfer:  PROVIDED, That an amount equal to ten percent of this surplus shall be placed in the marina facilities inspection account created under section 4 of this 1985 act.

NEW SECTION. Sec. 4.     The marina facilities inspection account is hereby created in the state general fund. Money deposited in the account shall be used by the department of ecology, after appropriation, solely for purposes of inspection of marina pumpout facilities and enforcement of section 1 of this act.

NEW SECTION. Sec. 5.     Sections 1 and 4 of this act shall constitute a new chapter in Title 70 RCW.