HOUSE BILL REPORT

SHB 609

BYHouse Committee on Environmental Affairs (originally sponsored by Representatives Kremen, Spanel, Braddock, Zellinsky, May, McMullen, Allen, Hine, Schmidt, Basich, Vekich, Hargrove, Beck, Miller, Fisch, S. Wilson, Taylor, Winsley, Walker, Betrozoff, J. Williams, B. Williams, Brough, Holm, Haugen, Jesernig and Sanders)

Requiring department of ecology to look at local factors in phased in compliance schedules for secondary water treatment.

House Committe on Environmental Affairs

Majority Report:     The substitute bill be substituted therefor and the substitute bill do pass.  (14)

     Signed by Representatives Rust, Chair; Valle, Vice Chair; Allen, Brekke, Ferguson, Jesernig, Lux, May, Pruitt, Schoon, D. Sommers, Sprenkle, Unsoeld and Walker.

House Staff:Susan Gulick (786-7116)

AS PASSED HOUSE MARCH 17, 1987

BACKGROUND:

The federal Water Pollution Control Act requires secondary treatment of wastewater from publicly owned water quality treatment facilities unless a waiver is granted.  The deadline for all treatment plants to achieve compliance was 1977.  The law allows for extensions of this deadline on a case by case basis up to July 1, 1988, if certain criteria are met. The criteria allow extensions only if the deadline was not met because:  1) there was no feasible possibility of meeting the deadline, 2) federal financial assistance was not available, and 3) the applicant did not contribute to the delay in meeting the deadline.

There are also citizen suit provisions included in the law that allow any person to sue to enforce water quality standards or to sue the U.S. Environmental Protection Agency (EPA) if mandatory duties are not performed.  EPA also has authority to take enforcement actions against state and local governments that do not meet the deadlines.

In 1986, as part of the Water Pollution Control Facilities Financing Act, the legislature authorized the Department of Ecology to provide phased in compliance schedules for secondary treatment.  The department was directed to consider the federal criteria in determining the length of time to be granted for compliance.

SUMMARY:

The Department of Ecology is required to provide for phased in compliance schedules for secondary treatment.  Compliance schedules may be extended up to December 31, 1995.

The department no longer must consider federal criteria, but instead must consider the following: 1) the quality of the receiving waters and potential impacts on public health, 2) the amount of money available to local governments, 3) the cost to ratepayers if there was no state assistance; and 4) the economic condition of the affected city or county.

Fiscal Note:    Requested February 3, 1987.

Effective Date:The bill contains an emergency clause and takes effect immediately.

House Committee ‑ Testified For:     Rep. Kremen; Mayor of Bellingham; City of Lynnwood; Association of Washington Sewer Districts; Mayor of Port Townsend; Association of Washington Cities.

House Committee - Testified Against: None Presented.

House Committee - Testimony For:     This bill provides flexibility to deal with the financial burdens of secondary sewage treatment.  A reasonable time schedule for compliance will be of great assistance to the economy of a municipality who must install a secondary treatment facility.

House Committee - Testimony Against: None Presented.