WSR 06-23-039

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF ECOLOGY


[ Order 06-12 -- Filed November 7, 2006, 9:38 a.m. ]

Subject of Possible Rule Making: This rule making creates a new chapter in the Washington Administrative Code focusing on reclaimed water use in Washington state. The chapter number will be chapter 173-219 WAC, Reclaimed water use.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 90.46 RCW, Reclaimed water use.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The legislature enacted ESHB 2884 in 2006, which is now part of chapter 90.46 RCW. The new law directs the department of ecology to: (1) Form an advisory committee, which will provide technical assistance in developing standards, procedures, and guidelines for reclaimed water use and (2) adopt rules for reclaimed water use by December 31, 2010. The rules must address all aspects of reclaimed water use, including but not limited to commercial and industrial uses, land applications, direct recharge, wetland, discharge, surface percolation, constructed wetlands, and stream flow augmentations. The rules must also designate the lead permitting and regulatory agency responsible for a particular aspect of reclaimed water use.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: There is no federal program regulating reclaimed water use in Washington state. Chapter 90.46 RCW requires that the department of ecology consult with the Washington state department of health on this rule-making effort. The department of ecology is also required to coordinate with the Washington state departments of health and agriculture to form the advisory committee. The department of ecology intends to fulfill these responsibilities through one-on-one meetings (including e-mail) and by inviting the named agencies to participate in the advisory committee process. Ecology will consult with other state agencies as time allows.

Process for Developing New Rule: Rule making for significant legislative rules, as described in the Washington State Administrative Procedure Act, chapter 34.05 RCW.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Melissa McEachron, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, phone (360) 407-6563, fax (360) 407-6426, e-mail MMCE461@ecy.wa.gov, or accessing the water quality program-water reclamation and reuse web site http://www.ecy.wa.gov/programs/wq/reclaim/index.html.

November 3, 2006

David C. Peeler

Water Quality Program Manager

Washington State Code Reviser's Office