H-4295

AN ACT Relating to water conservation and reclamation; adding new sections to chapter 43.70 RCW; creating new sections; and making an appropriation.

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

NEW SECTION. Sec. 1. The legislature finds that:

(1) The state of Washington has a critical need to preserve water resources and to assure the maximum net benefit to the citizens of the state in the use of these resources;

(2) In order to protect and preserve the natural resources of the state of Washington, which is of paramount importance to its citizens, the conservation of water is an indispensable activity; and

(3) By encouraging the use of reclaimed water while assuring the health and safety of all Washington citizens and the protection of its environment, the state of Washington will continue to use water in the best interests of present and future generations.

NEW SECTION. Sec. 2. A new section is added to chapter 43.70 RCW to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout section 3 of this act.

(1) "Sewage" means water-carried human wastes, including kitchen, bath, and laundry waste from residences, buildings, industrial and commercial establishments, or other places, together with such ground water infiltration, surface waters, or industrial wastewater as may be present.

(2) "Person" means any state, individual, public or private corporation, political subdivision, governmental subdivision, governmental agency, municipality, copartnership, association, firm, trust estate, or any other legal entity whatever.

(3) "Greywater" means domestic type wastewater, not including toilet water.

(4) "User" means any person who uses reclaimed water.

(5) "Reclaimed water" means treated effluent from a sewage treatment system that, as a result of treatment, is suitable for a direct beneficial use or a controlled use that would not otherwise occur.

(6) "Wastewater" means water and wastes discharged from homes, businesses, and industry to the sewer system.

NEW SECTION. Sec. 3. A new section is added to chapter 43.70 RCW to read as follows:

(1) The department shall, in coordination with the department of ecology, develop standards, procedures, and guidelines by March 1, 1993, for the use of reclaimed water. Uses shall be limited to irrigation for agriculture, municipal irrigation, landscape enhancement, and industrial and commercial uses that begin after the effective date of this act.

(2) The department may require a permit for the use of reclaimed water and may require a reasonable fee for the acquisition of such a permit. The department may require the permit to be renewed on a periodic basis. No person may use reclaimed water for uses allowed in this section without such permits as may be required from the department, or, where required by this section, from the department of ecology.

(3)(a) If an intended use of reclaimed water is proposed using water from a facility for which a waste discharge permit is required from the department of ecology, the holder of the waste discharge permit must obtain approval from the department of ecology for the proposed use. The department of ecology shall request review from the department for the intended use and shall condition any approval for the use as required by the department of health for the type and location of use treatment, monitoring, and periodic review.

(b) If a proposed use of reclaimed water involves a plan or project that is not required to obtain a waste discharge permit from the department of ecology, the prospective user must obtain any permits required by the department prior to beginning such use.

(4) The department shall report to the legislature on progress, compliance, and overall participation in the use of reclaimed water in the state of Washington and, to the extent possible, on the resulting savings of water. The report shall also review and evaluate all uses of reclaimed water as of the effective date of this act, with recommendations as to the application of standards, procedures, and guidelines by the department to such existing uses. The report shall further consider potential uses of greywater, including potential health impacts, and provide recommendations for such uses. The department shall prepare the report in cooperation with the department of ecology, state building code council, and board. The report under this section is due March 1, 1994.

(5) The authority and duties created in this section are in addition to any authority and duties already provided in law with regard to sewage and wastewater collection, treatment, and disposal for the protection of health and safety and the protection of the quality of the state's waters. Nothing in this section limits the powers of the state or any political subdivision to exercise such authority.

NEW SECTION. Sec. 4. The department of ecology shall adopt, in consultation with the department of health, standards, procedures, and guidelines for the land applications of treated wastewater on or before January 1, 1993.

NEW SECTION. Sec. 5. The sum of four hundred thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1995, from the state and local improvements revolving account--water supply facilities to the department of health for the purposes of this act.