H-0955.1  _______________________________________________

                          HOUSE BILL 1555

          _______________________________________________

State of Washington      54th Legislature     1995 Regular Session

By Representatives McMorris, Foreman, Mastin, Chandler, Chappell, Koster, Boldt, Schoesler, Johnson, Honeyford, Clements, Regala, Basich, Hargrove, L. Thomas, Thompson, Delvin, Elliot, Goldsmith, McMahan, Mulliken, Fuhrman, Stevens and Lisk

Read first time 01/30/95.  Referred to Committee on Agriculture & Ecology.

Revising department of ecology entry authority for water quality complaints caused by agricultural activity.

    AN ACT Relating to entry for the purposes of water pollution investigations on agricultural land; amending RCW 90.48.120; adding a new section to chapter 90.48 RCW; and creating a new section.

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

NEW SECTION. Sec. 1.  The legislature finds that there is a need to establish a clear process for handling complaints regarding water quality from uses of agricultural land near waters of the state.

NEW SECTION. Sec. 2.  A new section is added to chapter 90.48 RCW to read as follows:

    (1) In exercising its authority under RCW 90.48.090, in investigating conditions on private agricultural land, the department must comply with this section.

    (2) The department shall have the authority to investigate conditions on private agricultural property relating to actions causing pollution of the waters of the state where:

    (a) A complaint is received by the department from any person demonstrating cogent, site-specific scientific evidence that waters of the state are being polluted;

    (b) The complaint is recorded and documented as to the person filing the complaint to the department, the time of any alleged pollution, and the persons standing as to the nuisance;

    (c) The complaint gives the name, address, time of pollution, and cogent, site-specific scientific evidence that waters of the state are being polluted.  This subsection (2)(c) shall apply to any department personnel or any other person filing a complaint with the department; and

    (d) The department notifies, consults, and receives permission for entry from:

    (i) The person against whom the complaint is made; and

    (ii) The private property owner if that is a different person from the person in (d)(i) of this subsection.

    (3) When the department has an agreement or permit with a person against whom a complaint is made, the department shall observe the provisions of the agreement or permit.

    (4) Nothing in this chapter shall preclude the department from executing a valid search warrant for legal entry onto private property used for agricultural production to comply with the provisions of this section and RCW 90.48.120.

    Sec. 3.  RCW 90.48.120 and 1992 c 73 s 25 are each amended to read as follows:

    (1) Whenever((, in the opinion of)) the department((,)) has cogent, site-specific scientific evidence that any person ((shall violate)) is violating or creates a substantial ((potential)) likelihood, as demonstrated by cogent, site-specific scientific evidence to violate the provisions of this chapter or chapter 90.56 RCW, or fails to control the polluting content of waste discharged or to be discharged into any waters of the state, the department shall notify such person of its determination by registered mail.  Such determination shall not constitute an order or directive under RCW 43.21B.310.  Within thirty days from the receipt of notice of such determination, such person shall file with the department a full report stating what steps have been and are being taken to control such waste or pollution or to otherwise comply with the determination of the department.  Whereupon the department shall issue such order or directive as it deems appropriate under the circumstances, and shall notify such person thereof by registered mail.

    (2) Whenever the department deems immediate action is necessary, after obtaining cogent, site-specific scientific evidence, to accomplish the purposes of this chapter or chapter 90.56 RCW, it may issue such order or directive, as appropriate under the circumstances, without first issuing a notice or determination pursuant to subsection (1) of this section.  An order or directive issued pursuant to this subsection shall be served by registered mail or personally upon any person to whom it is directed.

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