AN ACT Relating to
ground water testing; amending RCW 70.119A.020 and 70.105D.070; adding new
sections to chapter 70.119A 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:
(1) The federal safe
drinking water act has imposed significant new costs on public water systems
and that the state should seek maximum regulatory flexibility allowed under
federal law;
(2) There is a need to
comprehensively assess and characterize the ground waters of the state to
evaluate public health risks from organic and inorganic chemicals regulated
under federal law;
(3) That federal law
provides a mechanism to significantly reduce testing and monitoring costs to
public water systems through the use of area-wide waivers.
The legislature
therefore directs the department of health to conduct a voluntary program to
selectively test the ground waters of the state for organic and inorganic
chemicals regulated under federal law for the purpose of granting area-wide
waivers.
Sec. 2. RCW 70.119A.020 and 1991 c
304 s 2 are each amended to read as follows:
Unless the context
clearly requires otherwise, the following definitions apply throughout this
chapter:
(1)
"Department" means the department of health.
(2) "Local board of
health" means the city, town, county, or district board of health.
(3) "Local health
jurisdiction" means an entity created under chapter 70.05, 70.08, or 70.46
RCW which provides public health services to persons within the area.
(4) "Public water
system" means any system, excluding a system serving only one
single-family residence and a system with four or fewer connections all of
which serve residences on the same farm, providing piped water for human
consumption, including any collection, treatment, storage, or distribution
facilities under control of the purveyor and used primarily in connection with
the system; and collection or pretreatment storage facilities not under control
of the purveyor but primarily used in connection with the system, including:
(a) Any collection,
treatment, storage, and distribution facilities under control of the purveyor
and used primarily in connection with such system; and
(b) Any collection or
pretreatment storage facilities not under control of the purveyor which are
primarily used in connection with such system.
(5) "Order"
means a written direction to comply with a provision of the regulations adopted
under RCW 43.20.050(2)(a) or 70.119.050 or to take an action or a series of
actions to comply with the regulations.
(6) "Purveyor"
means any agency or subdivision of the state or any municipal corporation,
firm, company, mutual or cooperative association, institution, partnership, or
person or any other entity, that owns or operates a public water system. It
also means the authorized agents of any such entities.
(7)
"Regulations" means rules adopted to carry out the purposes of this
chapter.
(8) "Federal safe
drinking water act" means the federal safe drinking water act, 42 U.S.C.
Sec. 300f et seq., as now in effect or hereafter amended.
(9) "Area-wide
waivers" means a waiver granted by the department as a result of a
geographically based testing program meeting required provisions of the federal
safe drinking water act.
(10) "Local
health officer" means the legally qualified physician who has been
appointed as the health officer for the city, town, county, or district public
health department.
(((10))) (11)
"Person" includes, but is not limited to, natural persons, municipal
corporations, governmental agencies, firms, companies, mutual or cooperative
associations, institutions, and partnerships. It also means the authorized
agents of any such entities.
(((11))) (12)
"Public health emergency" means a declaration by an authorized health
official of a situation in which either illness, or exposure known to cause
illness, is occurring or is imminent.
(((12))) (13)
"Secretary" means the secretary of the department of health.
(((13))) (14)
"State board of health" is the board created by RCW 43.20.030.
NEW SECTION. Sec.
3. A new section is added
to chapter 70.119A RCW to read as follows:
The department shall
develop and implement a voluntary program sufficient to allow public water
systems to be waived from full testing requirements for organic and inorganic
chemicals under the federal safe drinking water act. The department shall pay
the initial testing and programmatic costs for the area-wide waiver program.
The department shall assess a fee using its authority under RCW 43.20B.020,
sufficient to cover all testing and directly related costs to public water
systems that apply for an area-wide waiver. The department shall adjust the
amount of the fee based on the size of the public drinking water system. Fees
charged by the department may not vary by more than a factor of ten. The
department shall, to the maximum extent possible, use the services of local
governments, local health departments, and private laboratories to implement
the area-wide testing program. The department shall consult with the
departments of agriculture and ecology for the purpose of exchanging water
quality and other information.
NEW SECTION. Sec.
4. A new section is added
to chapter 70.119A RCW to read as follows:
By December 1, 1994, the
department shall submit a brief report to the appropriate standing committees
of the legislature on the following:
(1) The water quality characteristics
of the public water systems sampled;
(2) The number of
waivers granted to public water systems;
(3) The fees charged to
public water systems and the expected timeline for collecting the fees;
(4) The total amount
saved by public water systems through the area-wide waiver;
(5) Recommendations for
additional opportunities to grant area-wide waivers and a summary of associated
costs; and
(6) Any other
information deemed relevant by the department.
Sec. 5. RCW 70.105D.070 and 1991
sp.s. c 13 s 69 are each amended to read as follows:
(1) The state toxics
control account and the local toxics control account are hereby created in the
state treasury.
(2) The following moneys
shall be deposited into the state toxics control account: (a) Those revenues
which are raised by the tax imposed under RCW 82.21.030 and which are
attributable to that portion of the rate equal to thirty-three one-hundredths
of one percent; (b) the costs of remedial actions recovered under this chapter
or chapter 70.105A RCW; (c) penalties collected or recovered under this
chapter; and (d) any other money appropriated or transferred to the account by
the legislature. Moneys in the account may be used only to carry out the
purposes of this chapter, including but not limited to the following
activities:
(i) The state's
responsibility for hazardous waste planning, management, regulation,
enforcement, technical assistance, and public education required under chapter
70.105 RCW;
(ii) The state's
responsibility for solid waste planning, management, regulation, enforcement,
technical assistance, and public education required under chapter 70.95 RCW;
(iii) The hazardous
waste cleanup program required under this chapter;
(iv) State matching funds
required under the federal cleanup law;
(v) Financial assistance
for local programs in accordance with ((RCW 70.95.130, 70.95.140, 70.95.220,
70.95.230, 70.95.530, 70.105.220, 70.105.225, 70.105.235, and 70.105.260)) chapters
70.95, 70.95C, 70.95I, and 70.105 RCW;
(vi) State government
programs for the safe reduction, recycling, or disposal of hazardous wastes
from households, small businesses, and agriculture;
(vii) Hazardous
materials emergency response training;
(viii) Water and
environmental health protection and monitoring programs;
(ix) Programs authorized
under chapter 70.146 RCW;
(x) A public
participation program, including regional citizen advisory committees;
(xi) Public funding to
assist potentially liable persons to pay for the costs of remedial action in
compliance with cleanup standards under RCW 70.105D.030(2)(d) but only when the
amount and terms of such funding are established under a settlement agreement
under RCW 70.105D.040(4) and when the director has found that the funding will
achieve both (A) a substantially more expeditious or enhanced cleanup than
would otherwise occur, and (B) the prevention or mitigation of unfair economic
hardship; and
(xii) Development and
demonstration of alternative management technologies designed to carry out the
top two hazardous waste management priorities of RCW 70.105.150.
(3) The following moneys
shall be deposited into the local toxics control account: Those revenues which
are raised by the tax imposed under RCW 82.21.030 and which are attributable to
that portion of the rate equal to thirty-seven one-hundredths of one percent.
(a) Moneys
deposited in the local toxics control account shall be used by the department
for grants or loans to local governments for the following purposes in
descending order of priority: (((a))) (i) Remedial actions; (((b)))
(ii) hazardous waste plans and programs under ((RCW 70.105.220,
70.105.225, 70.105.235, and 70.105.260)) chapter 70.105 RCW; and (((c)))
(iii) solid waste plans and programs under ((RCW 70.95.130,
70.95.140, 70.95.220, and 70.95.230)) chapters 70.95, 70.95C, 70.95I,
and 70.105 RCW. Funds for plans and programs shall be allocated consistent
with the priorities and matching requirements established in chapters 70.105,
70.95C, 70.95I, and 70.95 RCW.
(b) Funds may also be
appropriated to the department of health to implement programs to reduce
testing requirements under the federal safe drinking water act for public water
systems. The department of health shall reimburse the account from fees assessed
under section 3 of this act by June 30, 1995.
(4) Except for
unanticipated receipts under RCW 43.79.260 through 43.79.282, moneys in the
state and local toxics control accounts may be spent only after appropriation
by statute.
(5) One percent of the
moneys deposited into the state and local toxics control accounts shall be
allocated only for public participation grants to persons who may be adversely
affected by a release or threatened release of a hazardous substance and to not-for-profit
public interest organizations. The primary purpose of these grants is to
facilitate the participation by persons and organizations in the investigation
and remedying of releases or threatened releases of hazardous substances and to
implement the state's solid and hazardous waste management priorities. No
grant may exceed fifty thousand dollars though it may be renewed annually.
Moneys appropriated for public participation from either account which are not
expended at the close of any biennium shall revert to the state toxics control
account.
(6) No moneys deposited
into either the state or local toxics control account may be used for solid
waste incinerator feasibility studies, construction, maintenance, or operation.
(7) The department shall
adopt rules for grant or loan issuance and performance.
NEW
SECTION. Sec. 6. 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.
