H-0353.2 _______________________________________________
HOUSE BILL 1548
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State of Washington 56th Legislature 1999 Regular Session
By Representatives G. Chandler, Linville, Mastin and Koster
Read first time 01/28/1999. Referred to Committee on Agriculture & Ecology.
AN ACT Relating to industrial reclaimed water; amending RCW 90.46.010, 90.46.120, and 90.14.140; and adding new sections to chapter 90.46 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 90.46.010 and 1997 c 444 s 5 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Greywater" means wastewater having the consistency and strength of residential domestic type wastewater. Greywater includes wastewater from sinks, showers, and laundry fixtures, but does not include toilet or urinal waters.
(2) "Land application" means application of treated effluent for purposes of irrigation or landscape enhancement for residential, business, and governmental purposes.
(3) "Person" means any state, individual, public or private corporation, political subdivision, governmental subdivision, governmental agency, municipality, copartnership, association, firm, trust estate, or any other legal entity whatever.
(4) "Reclaimed water" means effluent derived in any part from sewage from a wastewater treatment system that has been adequately and reliably treated, so that as a result of that treatment, it is suitable for a beneficial use or a controlled use that would not otherwise occur and is no longer considered wastewater.
(5) "Industrial reclaimed water" means industrial wastewater that is used for agricultural purposes in conformance with a permit issued under chapter 90.48 RCW.
(6) "Sewage" means water-carried human wastes from residences, buildings, industrial and commercial establishments, or other places, together with such ground water infiltration, surface waters, or industrial wastewater as may be present.
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(7) "User" means any person who uses reclaimed water.
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(8) "Wastewater" means water and wastes discharged from homes,
businesses, and industry to the sewer system.
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(9) "Industrial wastewater" means the water or liquid carried
waste from industrial or commercial processes, as distinct from sewage or
domestic wastewater, and may result from any process or activity of industry,
manufacture, trade or business, from the development of any natural resource,
or from animal operations, such as feed lots, poultry houses, or dairies.
(10) "Beneficial use" means the use of reclaimed water, that has been transported from the point of production to the point of use without an intervening discharge to the waters of the state, for a beneficial purpose.
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(11) "Direct recharge" means the controlled subsurface
addition of water directly to the ground water basin that results in the
replenishment of ground water.
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(12) "Ground water recharge criteria" means the contaminant
criteria found in the drinking water quality standards adopted by the state
board of health pursuant to chapter 43.20 RCW and the department of health
pursuant to chapter 70.119A RCW.
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(13) "Planned ground water recharge project" means any
reclaimed water project designed for the purpose of recharging ground water,
via direct recharge or surface percolation.
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(14) "Reclamation criteria" means the criteria set forth in
the water reclamation and reuse interim standards and subsequent revisions
adopted by the department of ecology and the department of health.
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(15) "Streamflow augmentation" means the discharge of
reclaimed water to rivers and streams of the state or other surface water
bodies, but not wetlands.
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(16) "Surface percolation" means the controlled application of
water to the ground surface for the purpose of replenishing ground water.
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(17) "Wetland or wetlands" means areas that are inundated or
saturated by surface water or ground water at a frequency and duration
sufficient to support, and that under normal circumstances do support, a
prevalence of vegetation typically adapted to life in saturated soil
conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.
Wetlands regulated under this chapter shall be delineated in accordance with
the manual adopted by the department of ecology pursuant to RCW 90.58.380.
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(18) "Constructed beneficial use wetlands" means those
wetlands intentionally constructed on nonwetland sites to produce or replace
natural wetland functions and values. Constructed beneficial use wetlands are
considered "waters of the state."
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(19) "Constructed treatment wetlands" means those wetlands
intentionally constructed on nonwetland sites and managed for the primary
purpose of wastewater or storm water treatment. Constructed treatment wetlands
are considered part of the collection and treatment system and are not
considered "waters of the state."
Sec. 2. RCW 90.46.120 and 1997 c 444 s 1 are each amended to read as follows:
(1) The owner of a wastewater treatment facility that is reclaiming water with a permit issued under this chapter has the exclusive right to any reclaimed water generated by the wastewater treatment facility. Use and distribution of the reclaimed water by the owner of the wastewater treatment facility is exempt from the permit requirements of RCW 90.03.250 and 90.44.060. Revenues derived from the reclaimed water facility shall be used only to offset the cost of operation of the wastewater utility fund or other applicable source of system-wide funding.
If the proposed use or uses of reclaimed water are intended to augment or replace potable water supplies or create the potential for the development of additional potable water supplies, such use or uses shall be considered in the development of the regional water supply plan or plans addressing potable water supply service by multiple water purveyors. The owner of a wastewater treatment facility that proposes to reclaim water shall be included as a participant in the development of such regional water supply plan or plans.
(2) The owner of a facility that provides industrial reclaimed water for agricultural purposes and does so under a permit issued under chapter 90.48 RCW has the exclusive right to any of the industrial reclaimed water generated by the facility. Use and distribution of the industrial reclaimed water is exempt from the requirements to obtain a permit under RCW 90.03.250 or 90.44.060 and the requirements to obtain approval of a transfer, change, or amendment of a water right under RCW 90.03.380, 90.03.383, 90.03.390, 90.44.100, or 90.44.105.
NEW SECTION. Sec. 3. A new section is added to chapter 90.46 RCW to read as follows:
Industrial reclaimed water may be beneficially used for agricultural purposes if it is used in conformance with a permit issued for the use under chapter 90.48 RCW.
NEW SECTION. Sec. 4. A new section is added to chapter 90.46 RCW to read as follows:
A facility that provides industrial reclaimed water for land application under this chapter shall not impair any existing water right relying on a discharge of the wastewater from the facility unless the holder of the impaired right is equitably compensated.
Sec. 5. RCW 90.14.140 and 1998 c 258 s 1 are each amended to read as follows:
(1) For the purposes of RCW 90.14.130 through 90.14.180, "sufficient cause" shall be defined as the nonuse of all or a portion of the water by the owner of a water right for a period of five or more consecutive years where such nonuse occurs as a result of:
(a) Drought, or other unavailability of water;
(b) Active service in the armed forces of the United States during military crisis;
(c) Nonvoluntary service in the armed forces of the United States;
(d) The operation of legal proceedings;
(e) Federal or state agency leases of or options to purchase lands or water rights which preclude or reduce the use of the right by the owner of the water right;
(f) Federal laws imposing land or water use restrictions either directly or through the voluntary enrollment of a landowner in a federal program implementing those laws, or acreage limitations, or production quotas.
(2) Notwithstanding any other provisions of RCW 90.14.130 through 90.14.180, there shall be no relinquishment of any water right:
(a) If such right is claimed for power development purposes under chapter 90.16 RCW and annual license fees are paid in accordance with chapter 90.16 RCW;
(b) If such right is used for a standby or reserve water supply to be used in time of drought or other low flow period so long as withdrawal or diversion facilities are maintained in good operating condition for the use of such reserve or standby water supply;
(c) If such right is claimed for a determined future development to take place either within fifteen years of July 1, 1967, or the most recent beneficial use of the water right, whichever date is later;
(d) If such right is claimed for municipal water supply purposes under chapter 90.03 RCW;
(e)
If such waters are not subject to appropriation under the applicable provisions
of RCW 90.40.030; ((or))
(f) If such right or portion of the right is leased to another person for use on land other than the land to which the right is appurtenant as long as the lessee makes beneficial use of the right in accordance with this chapter and a transfer or change of the right has been approved by the department in accordance with RCW 90.03.380, 90.03.383, 90.03.390, or 90.44.100; or
(g) The substitution of the use of industrial reclaimed water, as defined in RCW 90.46.010, for the use of water under the right if the substituted water is used in accordance with a valid permit issued under chapter 90.48 RCW.
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