AN ACT
Relating to water conservation and reclamation; adding a new chapter to Title
90 RCW; creating a new section; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. The
legislature finds that 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 chapter.
The legislature further directs 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. Unless
the context clearly requires otherwise, the definitions in this section apply
throughout this chapter.
(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 for residential, business, and
governmental purposes.
(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 derived in any part from sewage 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. (1)
The department of ecology shall, in coordination with the department of health,
develop interim standards for pilot projects under subsection (3) of this
section on or before July 1, 1992, for the use of reclaimed water in land
applications.
(2)
The department of health shall, in coordination with the department of ecology,
develop interim standards for pilot projects under subsection (3) of this
section on or before November 15, 1992, for the use of reclaimed water in
commercial and industrial activities.
(3)
The department of ecology and the department of health shall assist interested
parties in the development of pilot projects to aid in achieving the purposes
of this chapter.
NEW
SECTION. Sec. 4. (1)
The department of health shall, in coordination with the department of ecology,
adopt a single set of standards, procedures, and guidelines on or before August
1, 1993, for the industrial and commercial use of reclaimed water.
(2) The
department of health may issue a reclaimed water permit for industrial and
commercial uses of reclaimed water to the generator of reclaimed water who may
then distribute the water, subject to provisions in the permit governing the
location, rate, water quality, and purposes of use.
(3)
The department of health in consultation with the advisory committee
established in section 6 of this act, shall develop recommendations for a fee
structure for permits issued under subsection (2) of this section. Fees shall
be established in amounts to fully recover, and not exceed, expenses incurred
by the department of health in processing permit applications and
modifications, monitoring and evaluating compliance with permits, and
conducting inspections and supporting the reasonable overhead expenses that are
directly related to these activities. Permit fees may not be used for research
or enforcement activities. The department of health shall not issue permits
under this section until a fee structure has been established.
(4) A
permit under this section for use of reclaimed water may be issued only to a
municipal, quasi-municipal, or other governmental entity or to the holder of a
waste discharge permit issued under chapter 90.48 RCW.
(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 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. 5. (1)
The department of ecology shall, in coordination with the department of health,
adopt a single set of standards, procedures, and guidelines, on or before
August 1, 1993, for land applications of reclaimed water.
(2) A
permit is required for any land application of reclaimed water. The department
of ecology may issue a reclaimed water permit under chapter 90.48 RCW to the
generator of reclaimed water who may then distribute the water, subject to
provisions in the permit governing the location, rate, water quality, and
purpose of use. The department of ecology shall not issue more than one permit
for any individual land application of reclaimed water to a single generator.
(3) In
cases where the department of ecology determines, in land applications of
reclaimed water, that a significant risk to the public health exists, the
department shall refer the application to the department of health for review
and consultation and the department of health may require fees appropriate for
review and consultation from the applicant pursuant to RCW 43.70.250.
(4) A
permit under this section for use of reclaimed water may be issued only to a
municipal, quasi-municipal, or other governmental entity or to the holder of a
waste discharge permit issued under chapter 90.48 RCW.
(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. (1)
The department of health shall, before May 1, 1992, form an advisory committee,
in coordination with the department of ecology and the department of
agriculture, which will provide technical assistance in the development of
standards, procedures, and guidelines required by this chapter. Such committee
shall be composed of individuals from the public wastewater utilities,
landscaping enhancement industry, commercial and industrial application
community, and any other persons deemed technically helpful by the department
of health.
(2)
The department of health shall report to the joint select committee on water
resource policy by December 1, 1992, on the fee structure which has been
recommended under section 4(3) of this act and review fees authorized under
section 5(3) of this act.
NEW
SECTION. Sec. 7. The
secretary of health has all of the enforcement powers granted to the secretary
of health under chapter 43.70 RCW to enforce this chapter.
NEW
SECTION. Sec. 8. Any
person lawfully using reclaimed water before the effective date of this act may
continue to do so and is not required to comply with the standards, procedures,
and guidelines under chapter 90.-- RCW (sections 1 through 8 of this act)
before July 1, 1995.
NEW
SECTION. Sec. 9. Sections
1 through 8 of this act shall constitute a new chapter in Title 90 RCW.
NEW
SECTION. Sec. 10. 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, including guidelines and government agency approvals necessary
to assure an adequate supply of safe, high quality food products for both
domestic and export markets. 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 subsection is due August 1, 1994.
NEW
SECTION. Sec. 11. 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.
