S-3835

AN ACT Relating to water conservation and reclamation; adding new sections to chapter 43.70 RCW; adding new sections to chapter 43.21A RCW; creating new sections; and declaring an emergency.

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

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

(1) The state of Washington, to ensure that the highest quality water resources are available for agricultural, commercial, and residential uses necessary for the future economic growth of the state, must encourage the use of reclaimed water;

(2) In order to protect and preserve the natural resources of the state of Washington, which are 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.

To facilitate the opportunity to use reclaimed water as soon as is practicable, the legislature encourages the cooperative efforts of the public and private sectors and the use of pilot projects to effectuate the goals of this act. The legislature further encourages the department of health and the department of ecology to coordinate efforts towards developing an efficient and streamlined process for creating and implementing processes for the use of reclaimed water.

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) "Greywater" means sewage having the consistency and strength of residential domestic type wastewater. Greywater includes wastewater from sinks, showers, and laundry fixtures, but does not include toilet or urinal waters.

(2) "Land application" means application of treated effluent for purposes of irrigation or landscape enhancement.

(3) "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.

(4) "Reclaimed water" means effluent from a wastewater treatment system that has been adequately and reliably treated, so that as a result of that treatment, it is suitable for a direct beneficial use or a controlled use that would not otherwise occur.

(5) "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.

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

(7) "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)(a) The department shall, in coordination with the department of ecology, develop interim guidelines on or before July 1, 1992, for the use of reclaimed water in land applications. The department shall, in coordination with the department of ecology, develop interim guidelines on or before November 15, 1992, for the use of reclaimed water by commercial and industrial users.

(b) The department and the department of ecology shall adopt a single set of standards, procedures, and guidelines on or before August 1, 1993, for the use of reclaimed water. Uses, pursuant to this subsection, 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. Any person using reclaimed water prior to the effective date of this act may continue to do so and shall not be required to comply with the standards, procedures, and guidelines set forth under this section before August 1, 1994.

(2) In cases where the standards, procedures, and guidelines adopted pursuant to subsection (1)(b) of this section provide for a permit to be issued by the department, 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. Fees shall be established in amounts to fully recover and not to exceed expenses incurred by the department in processing permit applications and modifications, monitoring and evaluating compliance with permits, and conducting inspections and supporting the overhead expenses that are directly related to these activities. 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 the department of ecology.

(3) The authority of 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. A new section is added to chapter 43.21A RCW to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout section 5 of this act.

(1) "Land application" means application of treated effluent for purposes of irrigation or landscape enhancement.

(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) "Reclaimed water" means effluent from a wastewater treatment system that has been adequately and reliably treated, so that as a result of that treatment, it is suitable for a direct beneficial use or a controlled use that would not otherwise occur.

NEW SECTION. Sec. 5. A new section is added to chapter 43.21A RCW to read as follows:

(1) The department shall, in coordination with the department of health, develop interim standards and procedures on or before July 1, 1992, for the use of reclaimed water in land applications. The department shall, in coordination with the department of health, develop interim guidelines on or before November 15, 1992, for the use of reclaimed water by commercial and industrial users. The department and the department of health shall adopt a single set of standards, procedures, and guidelines on or before August 1, 1993, for land application of reclaimed water. All standards, procedures, and guidelines developed and adopted under this subsection shall be consistent with water quality standards for ground water.

(2) A permit from the department is required for any land application of reclaimed water. The department may issue a permit for land application of reclaimed water to the generator of such reclaimed water who may then distribute such water, subject to provisions in the permit governing the location, rate, water quality, and purpose of use.

(3) A permit under this section may be issued only to a municipal, quasi-municipal, or other governmental entity.

(4) Any person using reclaimed water prior to the effective date of this act may continue to do so and shall not be required to comply with the standards, procedures, and guidelines set forth under this section before August 1, 1994.

(5) The authority and duties created in this section are in addition to any authority and duties already provided in law. Nothing in this section limits the powers of the state or any political subdivision to exercise such authority.

NEW SECTION. Sec. 6. The department of health 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 of health 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 of health shall prepare the report in coordination with the department of ecology, state building code council, and state board of health. The report under this section is due August 1, 1994.

NEW SECTION. Sec. 7. A new section is added to chapter 43.70 RCW to read as follows:

The department shall, before May 1, 1992, form an advisory committee, in coordination with the department of ecology, which will provide technical assistance in the development of standards, procedures, and guidelines required by sections 3 and 5 of this act. Such committee shall be comprised of individuals from the wastewater industry, landscaping enhancement industry, commercial and industrial application community, and any other persons deemed technically helpful by the department.

NEW SECTION. Sec. 8. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.

NEW SECTION. Sec. 9. Funds needed to carry out the provisions of this act shall be derived from funds currently available for the department of health and the department of ecology.