FINAL BILL REPORT

                 SHB 1743

                         C 248 L 94

                     Synopsis as Enacted

Brief Description:  Providing for pollution prevention plans.

By House Committee on Environmental Affairs (originally sponsored by Representatives Flemming, Horn, Rust, Linville, Valle and J. Kohl.)

House Committee on Environmental Affairs

Senate Committee on Ecology & Parks

Background: The Department of Ecology issues permits, conducts inspections, approves plans, and exercises other regulatory control over activities in this state that have an impact on the environment.  Many of the department's activities are governed by statutes that do not recognize the existence of other requirements.  It is important that the department coordinate its activities.

The federal Clean Water Act requires a waste water discharge permit for any water discharge from a facility.  The department was delegated authority to administer the permit in 1973.  The permit establishes specific limits on the amount of contaminants in the discharge as well as other restrictions.  Dischargers must monitor their discharge and report on permit compliance.  The department performs periodic inspections to ensure compliance with permit conditions.  Permits are issued for a period of five years.  The permitting process involves several documents.  Dischargers must submit a detailed application describing the nature and amount of their discharge.  The department must prepare fact sheets, draft permits, and final permits.  The permitting process also provides numerous opportunities for public participation.

Summary:  To expedite agency permits and other regulatory activities, the Department of Ecology is directed to establish two pilot programs and a study. 

One pilot project directs the department to coordinate all the department's regulatory actions that affect selected facilities.  By January 1, 1995, the department must designate an industry type and up to 10 facilities to participate in the program.  The selection of the industry and facilities must be based on criteria relating to their potential to serve as a model for pollution prevention and multimedia environmental programs.  Participation in the program is voluntary.  The program must also examine the feasibility of developing facility-wide permits covering all the permits issued by the department.  By January 1, 1996, the department must submit to the Governor and the Legislature a report evaluating the pilot program and the feasibility of facility-wide multimedia permits.

The other pilot project requires the department to allow up to 10 industries to combine all waste water discharge permit documents into a single document, if approved by the Environmental Protection Agency.  The department must establish criteria for selecting industries eligible for the program and develop guidelines for judging the completeness of the permit document.  The department must submit an interim report to the Legislature in July 1995 and a final report by December 1996.  The pilot program is not intended to:  allow additional rule-making, reduce staff involved in administering permits, increase permit fees paid by other industries, or affect existing regulatory authority.

The department is also required to conduct a study to evaluate the feasibility and cost-effectiveness of allowing private contractors to perform inspections to verify compliance with waste discharge permits.  The department must report its findings to the Legislature by December 1, 1994.

The department may proceed with the pilot programs and the study if they are not in conflict with federal requirements.  If a program or study is in conflict, only the conflicting program or study is inoperative. 

Votes on Final Passage:

House  94 0

Senate 45 0 (Senate amended)

House         (House concurred in part; refused to  concur in part)

Senate        (Senate refused to recede)

Conference Committee

Senate 45 1

House  94 0

Effective:  June 9, 1994