HOUSE BILL REPORT

ESSB 5566

BYSenate Committee on Environment & Natural Resources (originally sponsored by Senators Metcalf, Owen and Talmadge; by request of Department of Social and Health Services)

Creating the safe drinking water act.

House Committe on Environmental Affairs

Majority Report:  Do pass with amendments.  (12)

      Signed by Representatives Rust, Chair; Valle, Vice Chair; D. Sommers, Ranking Republican Member; Brekke, G. Fisher, Fraser, Phillips, Pruitt, Schoon, Sprenkle, Van Luven and Walker.

House Staff:Bonnie Austin (786-7107)

AS PASSED HOUSE APRIL 19, 1989

BACKGROUND:

The federal Safe Drinking Water Act (Act) establishes national drinking water standards.  Part B of the Act establishes drinking water standards for public water systems (15 or more service connections).  These standards specify maximum contaminant levels for certain contaminants and require specific treatment techniques for others.  The Department of Social and Health Services (DSHS) is responsible for implementation and enforcement of these requirements in Washington.

In 1986, the Act was amended and various new requirements were added that require state implementation.  These amendments modify requirements relating to water quality standards, contaminant monitoring, filtration systems, treatment by disinfectants, the use of lead pipes, and public notification of lead contamination and failure to comply with maximum contaminant levels and monitoring levels.  Additionally, section 1428 of part C of the Act authorizes the establishment of a new Wellhead Protection Area Program.

DSHS must receive updated administrative and enforcement authority to continue implementation of the Act.  If this authority is not granted, the state may lose its primary responsibility to implement the federal Act.

SUMMARY:

The "Washington State Safe Drinking Water Act" updates and clarifies the authority of the State Board of Health (Board) and the Department of Social and Health Services (DSHS) to adopt rules and to administer and enforce the federal Safe Drinking Water Act.

DSHS is authorized to carry out the provisions of part B and section 1428 of part C of the federal Act and to accept federal grants.  DSHS is authorized to enter into contracts with local health departments and agreements with state agencies to implement the federal Act.

Public water systems are defined to exclude systems serving fewer than five single family residences.  The Board and DSHS are prohibited from adopting rules that impact public water systems unregulated by the federal law unless necessary for the protection of public health.

Civil penalty provisions are updated and procedures are made consistent with the state Administrative Procedures Act.  The authority to declare a public health emergency is given to DSHS as well as local health officers.

Fiscal Note:      Available.

House Committee ‑ Testified For:    Eric Slagle, Department of Social and Health Services; Bruce Wishart, Sierra Club; John Thayer, Washington State Environmental Health Directors Association; Randy Scott, Washington State Association of Counties.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    If this updated authority is not granted, the state may lose primary responsibility for implementing the federal law.

The current definition of "public water system" must be retained. Changing it to "fewer than five" would mean that 4,000 regulated systems would become unregulated and the ability to receive local health department approval for lending purposes would be dramatically impaired.  Additionally, there could be a proliferation of small systems, which are the most problematic from a public health perspective.

House Committee - Testimony Against:      None Presented.