FINAL BILL REPORT

                     SHB 2796

                            Synopsis as Enacted

                                 C 67 L 92

Brief Description:  Authorizing local governmental entities to administer and enforce portions of the water well construction program.

By House Committee on Environmental Affairs (originally sponsored by Representatives Bray, Horn, Rust, Ludwig, Valle, D. Sommers and Fraser).

House Committee o Environmental Affairs

Senate Committee on Agriculture & Water Resources

Background:  The Department of Ecology is responsible for  overseeing water well construction.  The department's duties include a licensing program for well drillers, a notification program for proposed wells and abandoned wells, and construction standards for drilling and decommissioning wells.

Summary:  The Department of Ecology (Ecology), by means of a memorandum of agreement, may delegate enforcement of certain portions of the water well program to local health districts and counties.  Ecology must determine that the local government has the resources to accept the delegation.  Prior to entering into a memorandum of agreement, notice of the proposed delegation and an opportunity to comment must be provided to well drillers, contractors, and consultants.  After the comment period, if Ecology believes a delegation of enforcement of well sealing and decommissioning elements of the water well construction program will be beneficial, it may enter into a memorandum of agreement with the local government for delegation of these responsibilities.

Ecology is responsible for monitoring the administration of a delegated program.  It must also provide copies of well construction start cards to a local government with a delegated program.

Enforcement actions of a local government under a delegated program are appealable to Ecology.  Ecology's decision is subject to review by the pollution control hearings board.

Ecology may not delegate licensing, reporting, or fee collection provisions of the water well program.

The authority to delegate elements of the water well construction program expires June 30, 1996.

Votes on Final Passage:

House 95    3

Senate   47    0     (Senate amended)

House 95    0     (House concurred)

Effective:     June 11, 1992