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SUBSTITUTE
HOUSE BILL 2733
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Passed
Legislature - 1996 Regular Session
State of Washington 54th
Legislature 1996 Regular Session
By
Read first time 02/02/96.
Extending for four
years the authority to delegate portions of well drilling administration and
enforcement to local governments.
AN ACT
Relating to well construction; amending RCW 18.104.043; creating a new section;
repealing 1993 c 387 s 28 (uncodified); repealing 1992 c 67 s 3 (uncodified);
and providing an expiration date.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. The
legislature finds that experimental delegation of portions of the well drilling
administration and enforcement authority of the department of ecology to
willing and able local governments has been successful to date. Delegation has
provided a more effective and efficient means of assuring proper well
construction and decommissioning and protection of public health and safety
than could be accomplished by the department of ecology acting alone. The
legislature further finds that without legislative action, the authority for
such delegation will expire June 30, 1996. Therefore, it is the intent of the
legislature to extend the authority for delegation an additional four years.
Sec.
2. RCW
18.104.043 and 1993 c 387 s 5 are each amended to read as follows:
(1) If
requested in writing by the governing body of a local health district or
county, the department by memorandum of agreement may delegate to the governing
body the authority to administer and enforce the well tagging, sealing, and
decommissioning portions of the water well construction program.
(2)
The department shall determine whether a local health district or county that
seeks delegation under this section has the resources, capability, and
expertise, including qualified field inspectors, to administer the delegated
program. If the department determines the local government has these
resources, it shall notify well contractors, consultants, and operators of the
proposal. The department shall accept written comments on the proposal for
sixty days after the notice is mailed.
(3) If
the department determines that a delegation of authority to a local health
district or county to administer and enforce the well sealing and decommissioning
portions of the water well construction program will enhance the public health
and safety and the environment, the department and the local governing body may
enter into a memorandum of agreement setting forth the specific authorities
delegated by the department to the local governing body. The memorandum of
agreement shall provide for an initial review of the delegation within one year
and for periodic review thereafter.
(4) ((The
local governing body shall exercise any authority delegated under this section
in accordance with this chapter, other applicable laws, the memorandum of
agreement, and applicable ordinances.)) With regard to the portions of
the water well construction program delegated under this section, the local
governing agency shall exercise only the authority delegated to it under this
section. If, after a public hearing, the department determines that a
local governing body is not administering the program in accordance with this
chapter, it shall notify the local governing body of the deficiencies. If
corrective action is not taken within a reasonable time, not to exceed sixty
days, the department by order shall withdraw the delegation of authority.
(5)
The department shall promptly furnish the local governing body with a copy of
each water well report and notification of start cards received in the area
covered by a delegated program.
(6)
The department and the local governing body shall coordinate to reduce
duplication of effort and shall share all appropriate information including
technical reports, violations, and well reports.
(7)
Any person aggrieved by a decision of a local health district or county under a
delegated program may appeal the decision to the department. The department's
decision is subject to review by the pollution control hearings board as
provided in RCW 43.21B.110.
(8)
The department shall not delegate the authority to license well contractors,
renew licenses, receive notices of intent to commence constructing a well,
receive well reports, or collect state fees provided for in this chapter.
(9)
This section expires June 30, 2000.
NEW
SECTION. Sec. 3. The
following acts or parts of acts are each repealed:
(1) 1993 c 387
s 28 (uncodified); and
(2) 1992 c 67
s 3 (uncodified).
