H-4583.1          _______________________________________________

 

                            SUBSTITUTE HOUSE BILL 2796

                  _______________________________________________

 

State of Washington              52nd Legislature             1992 Regular Session

 

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

 

Read first time 02/07/92.  Authorizing local governmental entities to administer and enforce portions of the water well construction program.


     AN ACT Relating to delegation of water well construction enforcement authority; adding a new section to chapter 18.104 RCW; creating a new section; and providing an expiration date.

 

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

 

     NEW SECTION.  Sec. 1.      The legislature finds that the public health and safety and the environment would be enhanced by permitting qualified local governmental agencies to administer and enforce portions of the water well construction program.

 

     NEW SECTION.  Sec. 2.  A new section is added to chapter 18.104 RCW to read as follows:

     (1) If requested in writing by the governing body of a local health district or county, the department by memorandum of agreement may delegate to the governing body the authority to administer and enforce the well sealing and decommissioning portions of the water well construction program.

     (2) The department shall determine whether a local health district or county that seeks delegation under this section has the resources, capability, and expertise, including qualified field inspectors, to administer the delegated program.  If the department determines the local government has these resources, it shall notify drilling contractors, consultants, and operators of the proposal.  The department shall accept written comments on the proposal for sixty days after the notice is mailed.

     (3) If the department determines that a delegation of authority to a local health district or county to administer and enforce the well sealing and decommissioning portions of the water well construction program will enhance the public health and safety and the environment, the department and the local governing body may enter into a memorandum of agreement setting forth the specific authorities delegated by the department to the local governing body.  The memorandum of agreement shall provide for an initial review of the delegation within one year and for periodic review thereafter.

     (4) The local governing body shall exercise any authority delegated under this section in accordance with this chapter, other applicable laws, the memorandum of agreement, and applicable ordinances.  If, after a public hearing, the department determines that a local governing body is not administering the program in accordance with this chapter, it shall notify the local governing body of the deficiencies.  If corrective action is not taken within a reasonable time, not to exceed sixty days, the department by order shall withdraw the delegation of authority.

     (5) The department shall promptly furnish the local governing body with a copy of each water well report and notification of start cards received in the area covered by a delegated program.

     (6) The department and the local governing body shall coordinate to reduce duplication of effort and shall share all appropriate information including technical reports, violations, and well reports.

     (7) Any person aggrieved by a decision of a local health district or county under a delegated program may appeal the decision to the department.  The department's decision is subject to review by the pollution control hearings board as provided in RCW 18.104.130.

     (8) The department shall not delegate the authority to license water well contractors, renew licenses, receive state notices of intent and well reports, or collect state fees provided for in this chapter.

 

     NEW SECTION.  Sec. 3.      Sections 1 and 2 of this act shall expire June 30, 1996.