S-3954.1          _______________________________________________

                            SUBSTITUTE SENATE BILL 6459

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State of Washington              52nd Legislature             1992 Regular Session

By Senate Committee on Environment & Natural Resources (originally sponsored by Senators Metcalf, Anderson and Conner)

Read first time 02/07/92.Creating a special committee on government storm water pollution and liability.

     AN ACT Relating to pollution caused by storm water runoff; and creating new sections.

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

NEW SECTION. Sec. 1.      The legislature finds that the efforts of the department of ecology and the Puget Sound water quality authority has brought public recognition to the link between water pollution and the resulting sediment pollution.  Scientific data shows that sediment pollution from storm water runoff from city, county, and state storm water pipes is especially acute.  Of particular concern is bottomland that is polluted, in many cases, by government facilities which is owned by private citizens as well as the state, itself.  Furthermore, the legislature finds that state laws and department of ecology rules make these private property owners liable for the pollution whether or not they cause the pollution.  Therefore, the legislature intends to form a special committee to propose a method to protect innocent landowners and state resources.

NEW SECTION. Sec. 2.      The special committee on government storm water pollution and liability is created.  The committee comprises:  (1) Eight members from the legislature, two members from each majority and minority caucus of both the house of representatives and the senate; (2) two members to represent cities; (3) two members to represent counties; (4) two members from the department of ecology; (5) one member each from the department of transportation, the department of natural resources, and the Puget Sound water quality authority; (6) two representatives from environmental groups; and (7) four members to represent bottomland owners.

NEW SECTION. Sec. 3.      (1) The special government storm water committee shall investigate and make recommendations on:

     (2) How to equitably assess liability for pollution caused by storm water runoff from government facilities;

     (3) How to prevent polluting storm water runoff from government facilities;

     (4) The potential liability for damage to natural resources; and

     (5) How the state will pay for cleaning up sediment pollution when found legally liable under the model toxics control act and the federal NPDES storm water rules.

     (6) The special committee on government storm water pollution and liability shall report its findings to the appropriate legislative committees by December 31, 1992.

NEW SECTION. Sec. 4.      This act and the special committee on government storm water pollution and liability terminates January 1, 1993.

NEW SECTION. Sec. 5.      If specific funding for the purposes of this act, referencing this act by bill number, is not provided by June 30, 1992, in the supplemental omnibus appropriations act, this act shall be null and void.