S-2080               _______________________________________________

                                         SUBSTITUTE SENATE BILL NO. 5372

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Senate Committee on Energy & Utilities (originally sponsored by Senators Williams, Hansen, Bauer and Smitherman; by request of Energy Facility Site Evaluation Council)

Read first time 3/4/87.

AN ACT Relating to the energy facility site evaluation council; and amending RCW 90.48.262.

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

        Sec. 1.  Section 5, chapter 155, Laws of 1973 as amended by section 41, chapter 108, Laws of 1975-'76 2nd ex. sess. and RCW 90.48.262 are each amended to read as follows:

          (1) The powers established under RCW 90.48.260 shall be implemented by the department through the adoption of rules in every appropriate situation.  The permit program authorized under RCW 90.48.260(1) shall constitute a continuation of the established permit program of RCW 90.48.160 and other applicable sections within chapter 90.48 RCW.  The appropriate modifications as authorized in this 1973 amendatory act are designed to avoid duplication and other wasteful practices and to insure that the state permit program contains all required elements of and is compatible with the requirements of any national permit system.

          (2) Permits for  energy facilities subject to chapter 80.50 RCW and federal energy facilities of like magnitude to those specified in chapter 80.50 RCW shall be issued by the energy facility site evaluation council:  PROVIDED, That such permits for nonfederal energy facilities shall become effective only if the governor approves an application for certification and executes a certification agreement pursuant to said chapter.  Permits for federal energy facilities shall be issued by the council upon a showing that the federal energy facility complies with applicable environmental standards.  The council shall have all powers necessary to establish and administer a point source discharge permit program pertaining to such plants, consistent with applicable receiving water quality standards established by the department, and to qualify for full participation in any national waste discharge or pollution discharge elimination permit system.  The council and the department shall each adopt, by rules, procedures which will provide maximum coordination and avoid duplication between the two agencies with respect to permits in carrying out the requirements of this act including, but not limited to, monitoring and enforcement of certification agreements, and in qualifying for full participation in any such national system.