WSR 06-11-065

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF ECOLOGY


[ Order 06-08 -- Filed May 12, 2006, 1:37 p.m. ]

Subject of Possible Rule Making: Amendments to chapter 173-160 WAC, Minimum standards for construction and maintenance of water wells and chapter 173-162 WAC, Rules and regulations governing the regulations and licensing of well contractors and operators.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 18.104 RCW, Water Well Construction Act (1971).

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Ecology has been directed by the 2005 legislature to revise the existing well construction and licensing rules. Additionally, ecology has been meeting with the technical advisory committee for the last year to make other revisions that will make the rule easier to understand, improve organization and readability, address technical issues and other driller concerns, and enhance public health and welfare.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The Washington state department of health, through their wellhead protection program, does regulate well siting. The department of health's wellhead protection program manager is a member of the technical advisory group. This group has been providing input for rule changes for the last year and will continue to assist ecology in revising these rules.

Process for Developing New Rule: Standard rule making, a technical advisory group which was established by the legislature assisted the department of ecology in the development of these rules.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. Interested parties can participate through a series of workshops and hearings to be held this spring and fall, through written inquiries to the department, and by attending the technical advisory group meetings. The contact person for ecology is Richard Szymarek, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-47600, phone (360) 407-6648, fax (360) 407-7162, e-mail rszy460@ecy.gov [rszy461@ecy.wa.gov].

May 11, 2006

Kenneth O. Slattery

Program Manager

Washington State Code Reviser's Office