_______________________________________________
SUBSTITUTE
HOUSE BILL 2796
_______________________________________________
AS
AMENDED BY THE SENATE
Passed
Legislature - 1992 Regular Session
State of Washington 52nd
Legislature 1992 Regular Session
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 notices of intent to commence drilling a
well, receive 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.
Passed
the House March 7, 1992.
Passed
the Senate March 4, 1992.
Approved by the Governor March 26, 1992.
Filed
in Office of Secretary of State March 26, 1992.
