AN ACT
Relating to the reduction of nonpoint source pollution in counties with
shellfish growing tidelands; amending RCW 90.72.030, 90.72.040, and 90.72.070;
adding new sections to chapter 90.72 RCW; adding a new section to chapter 88.36
RCW; and repealing RCW 90.72.010 and 90.72.050.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. A new
section is added to chapter 90.72 RCW to read as follows:
The
legislature finds that shellfish harvesting is important to our economy and way
of life. Washington state is an international leader in the cultivation and
production of shellfish. However, large portions of the state's productive
recreational and commercial shellfish beds are closed to harvesting, and more
are threatened, because of water pollution. The legislature finds that the
problem of shellfish bed closures demands a public policy solution and that the
state, local governments, and individuals must each take strong and swift
action or this precious resource will be lost.
It is
the goal of the legislature to prevent further closures of recreational and
commercial shellfish beds, to restore water quality in saltwater tidelands to
allow the reopening of at least one restricted or closed shellfish bed each
year, and to ensure Washington state's commanding international position in
shellfish production.
The
legislature finds that failing on-site sewage systems and animal waste are the
two most significant causes of shellfish bed closures over the past decade.
Remedial actions at the local level are required to effectively address these
problems.
The
legislature finds that existing entities, including conservation districts and
local health departments, should be used by counties to address the water
quality problems affecting the recreational and commercial shellfish harvest.
The
legislature finds that local action in each watershed where shellfish are
harvested is required to protect this vital resource. The legislature hereby
encourages all counties having saltwater tidelands within their boundaries to
establish shellfish protection districts and programs designed to prevent any
further degradation and contamination and to allow for restoration and
reopening of closed shellfish growing areas.
Sec.
2. RCW
90.72.030 and 1985 c 417 s 3 are each amended to read as follows:
The
legislative authority of each county having shellfish tidelands within its
boundaries is authorized to establish a shellfish protection district to
include areas in which nonpoint pollution threatens the water quality upon
which the continuation or restoration of shellfish farming or
harvesting is dependent. The legislative authority shall constitute the
governing body of the district and shall adopt a shellfish protection program
to be effective within the district. The legislative authority may appoint
a local advisory council to advise the legislative authority in preparation and
implementation of shellfish protection programs. This program ((may))
shall include any elements deemed appropriate to deal with the nonpoint
pollution ((threat)) threatening water quality, including, but
not limited to, requiring the elimination or decrease of contaminants in storm
water runoff, establishing monitoring ((programs)),
inspection, and repair elements to ((make sure that septic drainfield))
ensure that on-site sewage systems are adequately maintained and working
properly ((and)), assuring that animal grazing and manure
management practices are ((appropriate)) consistent with best
management practices, and establishing educational and public
involvement programs to inform citizens on the causes of the threatening
nonpoint pollution and what they can do to decrease the amount of such
pollution. An element may be omitted where another program is effectively
addressing those sources of nonpoint water pollution. Within the limits of RCW
90.72.040 and 90.72.070, the county legislative authority shall have full
jurisdiction and authority to manage, regulate, and control its programs and to
fix, alter, regulate, and control the fees for services provided and charges or
rates as provided under those programs. Programs established under this
chapter, may, but are not required to, be part of a system of sewerage as
defined in RCW 36.94.010.
Sec.
3. RCW
90.72.040 and 1985 c 417 s 4 are each amended to read as follows:
(1)
The county legislative authority may create a shellfish protection district on
its own motion or by submitting the question to the voters of the proposed
district and obtaining the approval of a majority of those voting. The
boundaries of the district shall be determined by the legislative authority.
The legislative authority may create more than one district. A district may
include any area or areas within the county, whether incorporated or
unincorporated. Counties shall coordinate and cooperate with cities, towns,
and water-related special districts within their boundaries in establishing
shellfish protection districts and carrying out shellfish protection programs.
Where a portion of the proposed district lies within an incorporated area, the
county shall develop procedures for the participation of the city or town in
the determination of the boundaries of the district and the administration of
the district, including funding of the district's programs. The legislative
authority of more than one county may by agreement provide for the creation of
a district including areas within each of those counties. County legislative
authorities are encouraged to coordinate their plans and programs to protect
shellfish growing areas, especially where shellfish growing areas are located
within the boundaries of more than one county. The legislative authority or
authorities creating a district may abolish a shellfish protection district
on its or their own motion or by submitting the question to the voters
of the district and obtaining the approval of a majority of those voting.
(2)
If the county legislative authority creates a shellfish protection district by
its own motion, any registered voter residing within the boundaries of the
shellfish protection district may file a referendum petition to repeal the
ordinance that created the district. Any referendum petition to repeal the
ordinance creating the shellfish protection district shall be filed with the
county auditor within seven days of passage of the ordinance. Within ten days
of the filing of a petition, the county auditor shall confer with the
petitioner concerning form and style of the petition, issue an identification
number for the petition, and write a ballot title for the measure. The ballot
title shall be posed as a question so that an affirmative answer to the
question and an affirmative vote on the measure results in creation of the
shellfish protection district and a negative answer to the question and a negative
vote on the measure results in the shellfish protection district not being
created. The petitioner shall be notified of the identification number and
ballot title within this ten-day period.
After
this notification, the petitioner shall have thirty days in which to secure on
petition forms the signatures of not less than twenty-five percent of the
registered voters residing within the boundaries of the shellfish protection
district and file the signed petitions with the county auditor. Each petition
form shall contain the ballot title and full text of the measure to be
referred. The county auditor shall verify the sufficiency of the signatures on
the petitions. If sufficient valid signatures are properly submitted, the
county auditor shall submit the referendum measure to the registered voters
residing in the shellfish protection district in a special election no later
than one hundred twenty days after the signed petition has been filed with the
county auditor. The special election may be conducted by mail ballot as
provided for in chapter 29.36 RCW.
(3)
The county legislative authority shall not impose fees, rates, or charges for
shellfish protection district programs upon properties on which fees, rates, or
charges are imposed to pay for another program to eliminate or decrease
contamination in storm water runoff.
NEW
SECTION. Sec. 4. A new
section is added to chapter 90.72 RCW to read as follows:
The
county legislative authority shall create a shellfish protection district and
establish a shellfish protection program to address causes of pollution within
one hundred eighty days after the department of health, because of water
quality degradation due to ongoing nonpoint sources of pollution, has, after
the effective date of this act, closed or downgraded the classification of a
recreational or commercial shellfish growing area within the boundaries of the
county.
NEW
SECTION. Sec. 5. A new
section is added to chapter 90.72 RCW to read as follows:
Within
available funding and as specified in the shellfish protection program,
counties creating shellfish protection districts shall contract with
conservation districts to draft plans with landowners to control pollution
effects of animal waste.
Sec.
6. RCW
90.72.070 and 1985 c 417 s 7 are each amended to read as follows:
The
county legislative authority establishing a shellfish protection district may
finance the protection program through (1) ((its)) county tax
revenues, (2) reasonable inspection fees and similar fees ((or)) for
services provided, (3) reasonable charges or rates specified in its
protection program, or (((3))) (4) federal, state, or private
grants. Confined animal feeding operations subject to the national
pollutant discharge elimination system and implementing regulations shall not
be subject to fees, rates, or charges by a shellfish protection district.
Facilities permitted and assessed fees for wastewater discharge under the
national pollutant discharge elimination system shall not be subject to fees,
rates, or charges for wastewater discharge by a shellfish protection district.
Lands classified as forest land under chapter 84.33 RCW and timber land under
chapter 84.34 RCW shall not be subject to fees, rates, or charges by a
shellfish protection district. Counties may collect charges or rates in the
manner determined by the county legislative authority.
NEW
SECTION. Sec. 7. A new
section is added to chapter 90.72 RCW to read as follows:
Counties
that have formed shellfish protection districts shall receive high priority for
state water quality financial assistance to implement shellfish protection
programs, including grants and loans provided under chapters 43.99F, 70.146,
and 90.50A RCW.
NEW
SECTION. Sec. 8. A new
section is added to chapter 88.36 RCW to read as follows:
The
commission shall seek to provide the most cost efficient and accessible
facilities possible for reducing the amount of boat waste entering the state's
waters. The commission shall consider providing funding support for portable
pumpout facilities in this effort.
NEW
SECTION. Sec. 9. The
following acts or parts of acts are each repealed:
(1)
RCW 90.72.010 and 1985 c 417 s 1; and
(2)
RCW 90.72.050 and 1985 c 417 s 5.
NEW
SECTION. Sec. 10. If any
provision of this act or its application to any person or circumstance is held
invalid, the remainder of the act or the application of the provision to other
persons or circumstances is not affected.
