BP BHEAD INT H

AN ACT Relating to water conservation and the reclamation and direct beneficial use of wastewater; amending RCW 90.46.005, 90.46.010, and 90.46.040; adding new sections to chapter 90.46 RCW; adding a new section to chapter 90.48 RCW; creating a new section; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 90.46.005 and 1992 c 204 s 1 are each amended to read as follows:

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 of 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.

It is hereby declared that the people of the state of Washington have a primary interest in the development of facilities to provide reclaimed water to replace potable water in nonpotable applications, to supplement existing surface and ground water supplies, and to assist in meeting the future water requirements of the state.

The legislature further finds and declares that the utilization of reclaimed water by local communities for domestic, agricultural, industrial, recreational, and fish and wildlife habitat creation and enhancement purposes, including wetland enhancement, will contribute to the peace, health, safety, and welfare of the people of the state of Washington. To the extent reclaimed water is appropriate for beneficial uses, it should be so used to preserve potable water for drinking purposes. Use of reclaimed water constitutes the development of new basic water supplies needed for future generations.

The legislature further finds and declares that the use of reclaimed water is not inconsistent with the policy of antidegradation of state waters announced in other state statutes, including the water pollution control act, chapter 90.48 RCW and the water resources act, chapter 90.54 RCW.

The legislature finds that other states, including California, Florida, and Arizona, have successfully used reclaimed water for potable and nonpotable uses to supplement existing water supplies without threatening existing resources or public health.

It is the intent of the legislature that the department of ecology and the department of health undertake the necessary steps to encourage the development of water reclamation facilities so that reclaimed water may be made available to help meet the growing water requirements of the state.

Sec. 2. RCW 90.46.010 and 1992 c 204 s 2 are each amended to read as follows:

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 and is no longer considered wastewater.

(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.

(8) "Direct beneficial use" means the use of reclaimed water, that has been transported from the point of production to the point of use without an intervening discharge to the waters of the state, for a beneficial purpose.

(9) "Direct recharge" means the controlled subsurface addition of water directly to the ground water basin that results in the replenishment of ground water used or suitable for use as a source of domestic water supply.

(10) "Environmental enhancement" means the use of reclaimed water for flow augmentation of natural streams, wildlife habitats, wetlands, and aesthetic settings, such as lakes.

(11) "Ground water recharge criteria" means the contaminant criteria found in the state ground water quality regulations as WAC 173-200-040.

(12) "Planned ground water recharge project" means any reclaimed water project designed for the purpose of recharging ground water, via direct recharge or surface spreading, or suitable for use as a source for domestic water supply.

(13) "Reclamation criteria" means the criteria set forth in the water reclamation and reuse interim standards adopted by the department of ecology and the department of health.

(14) "Surface spreading" means the controlled application of water to the ground surface for the purpose of replenishing ground water used or suitable for use as a source of domestic water supply.

Sec. 3. RCW 90.46.040 and 1992 c 204 s 5 are each amended to read as follows:

(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 any other person, 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. 4. A new section is added to chapter 90.46 RCW to read as follows:

(1) Reclaimed water may be beneficially used for direct recharge or surface spreading provided the reclaimed water meets the ground water recharge criteria. Reclaimed water beneficially used for other purposes, including environmental enhancement, must meet the reclamation criteria. Reclaimed water may not cause a stream to become an effluent-dominated stream in violation of the federal water pollution control act, nor may reclaimed water discharges cause degradation of outstanding natural resource waters as defined by the federal water pollution control act.

(2) If the state ground water recharge criteria as defined by RCW 90.46.010 do not contain a numeric standard for a constituent or contaminant, the department of ecology shall establish a discharge limit consistent with the goals of this chapter.

NEW SECTION. Sec. 5. A new section is added to chapter 90.46 RCW to read as follows:

(1) Reclaimed water intended for direct beneficial use, including environmental enhancement, may be discharged in the Lake Washington Basin, as defined in chapter 372-32 WAC, provided the reclaimed water entering Lake Washington or Lake Sammamish meets the reclamation criteria.

(2) No later than December 31, 1995, the department of ecology and the department of health shall jointly amend chapter 372-32 WAC to establish numeric criteria for reclaimed water beneficially used in the Lake Washington Basin.

NEW SECTION. Sec. 6. A new section is added to chapter 90.48 RCW to read as follows:

The department of ecology is authorized to issue waste discharge permits to any person operating or proposing to operate a water reclamation system on private property so long as the water reclamation system is operated on property owned or controlled by the permit applicant and the water is used on the permit applicant's property or other property approved by the local water or sewer authority.

NEW SECTION. Sec. 7. This act shall not be construed as affecting any existing right acquired or liability or obligation incurred under the sections amended or repealed in this act or under any rule or order adopted under those sections, nor as affecting any proceeding instituted under those sections.

NEW SECTION. Sec. 8. 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.