SENATE BILL REPORT

                           SHB 1356

  AS REPORTED BY COMMITTEE ON ECOLOGY & PARKS, MARCH 26, 1993

Brief Description:  Modifying penalties and compliance for public water systems.

SPONSORS: House Committee on Environmental Affairs (originally sponsored by Representatives Rust, Horn, Roland and Valle; by request of Department of Health)

HOUSE COMMITTEE ON ENVIRONMENTAL AFFAIRS

SENATE COMMITTEE ON ECOLOGY & PARKS

Majority Report:  Do pass as amended. 

     Signed by Senators Fraser, Chairman; Moore, Sutherland, and Talmadge.

Staff:  Shannon Murphy (786‑7483)

Hearing Dates: March 26, 1993

BACKGROUND:

Under current state law, the Department of Health and local health departments have regulatory authority over public water systems.  A public water system is any system with two or more connections.

The department may assess a penalty of not less than $500 and not more than $5,000 against a person who does not comply with a department order to stop work on a public water system, who fails to eliminate a cross connection, or who continues to violate any other rule of the department.  The penalty is imposed in writing by the department.  The person against whom the penalty is imposed may request mitigation or remission of the penalty within 14 days after the notice of penalty is sent.  The person may also file a request for an adjudicative proceeding to be conducted under the Administrative Procedure Act.

The Attorney General may bring an action to collect a penalty which has been assessed by the department.

All penalties collected by the department are deposited in the general fund.

The Department of Health may delegate enforcement authority, including the authority to assess penalties, to local health departments.  Penalties collected by local health departments are deposited in the general fund of the local government.

There is currently no explicit authority for the department to enter the premises of a public water system to carry out an inspection or to request a search warrant if the system owner refuses the department access.  A number of other state agencies do have explicit authority to conduct inspections and request search warrants when necessary to conduct inspections.

SUMMARY:

The Department of Health may impose a maximum penalty of $5,000 for violation of its rules or statutes relating to public water systems.  There is no minimum penalty.  If the violation creates a public health emergency, the maximum penalty is $10,000.

Construction, alteration, or expansion of a public water system without department approval may result in a penalty of not more than $5,000 per service connection.  If the system serves a transient population, such as a hotel or motel, the penalty may be a maximum of $400 per person served by the system.  Under either of these circumstances, the total penalty that may be imposed is $500,000.

The existing procedure for a mitigation hearing prior to an adjudicative proceeding is eliminated.

A person who fails to pay penalties is subject to interest charges at the rate of 1 percent for each month the penalty remains unpaid after the final administrative order has been issued.

If the final administrative order is not appealed to superior court, the department may file the order with the clerk of the superior court and request that judgment be rendered in favor of the department for the amount of the penalty.

Penalties collected by the department, instead of being deposited in the general fund, are deposited in the safe drinking water account.

In addition to their existing authority to impose civil penalties, local health departments may also collect civil penalties.

The department and local health departments which have been delegated enforcement powers may enter upon the premises of a public water system to determine the system's compliance with state law.  Prior notice must be given to the water system, unless the inspection is to ensure compliance with a prior order of the department or in response to a serious public health emergency.  The department may also request an administrative search warrant from a court of competent jurisdiction.

SUMMARY OF PROPOSED SENATE AMENDMENT:

The striking amendment directs penalties imposed be deposited into the general fund rather than the safe drinking water account.  Clarifying language was added to explain that the Department of Health is not given the right to inspect a customer's premises or property beyond the point where the customer's service connection to the system is made.  Several technical amendments were made to clarify the process that the Department of Health must follow when attempting to enter a premises under the control of a public water system.

Appropriation:  none

Revenue:  none

Fiscal Note:  available

TESTIMONY FOR:

This bill gives the Department of Health the enforcement authority needed to implement the Safe Drinking Water Act.

TESTIMONY AGAINST:  None

TESTIFIED:  Dave Clark, Department of Health