Effective Date of Rule: July 1, 2008.

     Purpose: The purpose of the rule change is to align the water use efficiency goal setting requirement with RCW 70.119A.180 (4)(c) by requiring that water use efficiency goals are set for consumers.

     Citation of Existing Rules Affected by this Order: Amending WAC 246-290-830.

     Statutory Authority for Adoption: RCW 70.119A.180.

      Adopted under notice filed as WSR 08-08-090 on April 1, 2008.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: May 28, 2008.

Mary C. Selecky

Secretary

OTS-1310.3

AMENDATORY SECTION(Amending WSR 07-02-025B, filed 12/22/06, effective 1/22/07)

WAC 246-290-830   Water use efficiency goal setting.   (1) The elected governing board or governing body of the public water system shall establish water use efficiency goals within one year of the effective date of this rule for systems serving one thousand or more total connections, and within two years of the effective date of this rule for systems serving less than one thousand total connections.

     (2) Water use efficiency goals must be designed to enhance the efficient use of water by the water system's ((and/or its)) consumers.

     (3) If a municipal water supplier determines that further reductions over current consumption levels are not reasonably achievable, the municipal water supplier shall provide justification that considers historic water use efficiency performance and investment and any other factors that support that determination. Justification must be provided in water use efficiency programs developed under WAC 246-290-810 and in water use efficiency performance reports developed under WAC 246-290-840.

     (4) Municipal water suppliers must provide documentation when requested by the department and in water use efficiency programs developed under WAC 246-290-810 that demonstrates the following goal setting requirements have been met:

     (a) Goals shall be set in a public forum that provides opportunity for consumers and the public to participate and comment on the water use efficiency goals;

     (b) Public notice must occur at least two weeks prior to the public forum. Public notice must include the purpose, date, time, and place of the forum, and where materials supporting the rationale for the proposed goals can be reviewed;

     (c) The elected governing board or governing body of the public water system shall review and consider all comments received;

     (d) The following must be made available to the public for the purpose of fully documenting the basis for each goal:

     (i) The information listed under WAC 246-290-810(4);

     (ii) Annual water use efficiency performance reports prepared under WAC 246-290-840;

     (iii) Water supply characteristics description in accordance with WAC 246-290-100 (4)(f)(iii)(B) or source description in accordance with WAC 246-290-105 (4)(f); and

     (iv) A summary of the comments received and how they were considered.

     (5) Existing public processes may be used if all requirements listed under subsection (4) of this section are met.

     (6) Water use efficiency goals must include:

     (a) Consideration of the system's forecasted demand and water supply characteristics;

     (b) Measurable outcomes in terms of reduced or maintained water production or usage. Outcomes may be expressed on a per capita, per connection, total system, or other basis as deemed appropriate by the municipal water supplier;

     (c) A schedule for achieving the water use efficiency goals; and

     (d) Implementation schedule for each water use efficiency measure selected under WAC 246-290-810(4).

     (7) The elected governing board or governing body of the public water system shall evaluate and reestablish water use efficiency goals following the process identified in subsection (4) of this section at least every six years and as part of a water system plan approval under WAC 246-290-100 or small water system management program approval under WAC 246-290-105.

     (8) Water use efficiency goals may be changed at any time in accordance with subsection (4) of this section. Changes to goals must be identified in the next performance report.

     (9) Water use efficiency programs must be modified if any water use efficiency goal is not met. Program modifications must be designed to achieve the system's water use efficiency goals.

[Statutory Authority: RCW 70.119A.180. 07-02-025B, § 246-290-830, filed 12/22/06, effective 1/22/07.]

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