H-2044.2          _______________________________________________

 

                            SUBSTITUTE HOUSE BILL 1963

                  _______________________________________________

 

State of Washington              52nd Legislature             1991 Regular Session

 

By House Committee on Agriculture & Rural Development (originally sponsored by Representatives Rasmussen, Rayburn, Grant, McLean, Dorn and Roland).

 

Read first time March 6, 1991.  Requiring notification of the department of agriculture of certain applications of sludge.


     AN ACT Relating to the department of agriculture; and adding a new section to chapter 43.23 RCW.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

     NEW SECTION.  Sec. 1.  A new section is added to chapter 43.23 RCW to read as follows:

     (1) A governmental entity operating a municipal sewage treatment facility, the sludge from which is applied to lands outside of an incorporated area of the state, shall notify the department of agriculture regarding the application.  The notice shall be on a form prescribed by the department.  The department shall regularly sample and test sludge that is to be applied to lands outside of an incorporated area of the state.  The department may accept the results of existing testing programs in lieu of testing conducted by the department.

     The cost of conducting such sampling and testing and any administrative costs directly related to such sampling and testing shall be borne by the governmental entity operating the treatment facility which is the source of the sludge.  The department may require payment of such costs on a monthly or other basis.  Any such governmental entity which fails to make such a payment within thirty days of the date by which the department has indicated that it is due, shall cease to apply or permit others to apply the sludge to any lands outside of incorporated areas in the state.  Such applications may resume only after payments to the department are current.

     (2) A sludge monitoring account is hereby created in the agricultural local fund established by RCW 43.23.230.  Payments received by the department under this section shall be deposited in the account.  Moneys may be disbursed by the director of agriculture for conducting the sampling and testing program required by this section and for providing administrative support for that program.  The account is not subject to legislative appropriation.