AN ACT Relating to
public water systems; amending RCW 70.116.060, 70.119A.060, 70.119.020,
70.119.030, 70.116.050, 70.119A.040, 70.119A.130, 43.155.050, 70.116.070,
56.08.200, and 57.08.180; reenacting and amending RCW 80.04.110; adding new
sections to chapter 70.119A RCW; creating a new section; prescribing penalties;
providing an effective date; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
NEW SECTION. Sec.
1. The legislature finds
that:
(1) Protection of the
state's water resources, and utilization of such resources for provision of
public water supplies, requires more efficient and effective management than is
currently provided under state law;
(2) The provision of
public water supplies to the people of the state should be undertaken in a
manner that is consistent with the planning principles of the growth management
act and the comprehensive plans adopted by local governments under the growth
management act;
(3) Small water systems
have inherent difficulties with proper planning, operation, financing,
management and maintenance. The ability of such systems to provide safe and
reliable supplies to their customers on a long-term basis needs to be assured
through proper management and training of operators;
(4) New water quality
standards and operational requirements for public water systems will soon
generate higher rates for the customers of those systems, which may be
difficult for customers to afford to pay. It is in the best interest of the
people of this state that small systems maintain themselves in a financially
viable condition;
(5) The drinking water
2000 task force has recommended maintaining a strong and properly funded
state-wide drinking water program, retaining primary responsibility for
administering the federal safe drinking water act in Washington. The task
force has further recommended delegation of as many water system regulatory
functions as possible to local governments, with provision of adequate resources
and elimination of barriers to such delegation. In order to achieve these
objectives, the state shall provide adequate funding from both general state
funds and funding directly from the regulated water system;
(6) The public health
services improvement plan recommends that the principal public health functions
in Washington, including regulation of public water systems, should be fully
funded by state revenues and undertaken by local jurisdictions with the
capacity to perform them; and
(7) State government,
local governments, water suppliers, and other interested parties should work
for continuing economic growth of the state by maximizing the use of existing
water supply management alternatives, including regional water systems,
satellite management, and coordinated water system development.
Sec. 2. RCW 70.116.060 and 1977
ex.s. c 142 s 6 are each amended to read as follows:
(1) A coordinated water
system plan shall be submitted to the secretary for design approval within two
years of the establishment of the boundaries of a critical water supply service
area.
(2) The secretary shall
review the coordinated water system plan and, to the extent the plan is
consistent with the requirements of this chapter and regulations adopted
hereunder, shall approve the plan, provided that the secretary shall not
approve those portions of a coordinated water system plan ((which)) that
fail to meet the requirements for future service area boundaries until any
boundary dispute is resolved as set forth in RCW 70.116.070.
(3) Following the
approval of a coordinated water system plan by the secretary:
(a) All purveyors
constructing or proposing to construct public water system facilities within
the area covered by the plan shall comply with the plan.
(b) No other purveyor
shall establish a public water system within the area covered by the plan,
unless the ((secretary)) local legislative authority determines
that existing purveyors are unable to provide the service in a timely and
reasonable manner, pursuant to guidelines developed by the secretary. An
existing purveyor is unable to provide the service in a timely manner if the
water cannot be provided to an applicant for water within one hundred twenty
days unless specified otherwise by the local legislative authority. If
such a determination is made, the ((secretary may)) local legislative
authority shall require the new public water system to be constructed in
accordance with the construction standards and specifications embodied in the
coordinated water system plan approved for the area. The service area
boundaries in the coordinated plan for the affected utilities shall be revised
to reflect the decision of the local legislative authority.
(4) The secretary may
deny proposals to establish or to expand any public water system within a
critical water supply service area for which there is not an approved
coordinated water system plan at any time after two years of the establishment
of the critical water supply service area: PROVIDED, That service connections
shall not be considered expansions.
(5) The affected
legislative authorities may develop and utilize a mechanism for addressing
disputes that arise in the implementation of the coordinated water system plan
after the plan has been approved by the secretary.
(6) After adoption
of the initial coordinated water system plan, the local legislative authority
or the secretary may determine that the plan should be updated or revised. The
legislative authority may initiate an update at any time, but the secretary may
initiate an update no more frequently than once every five years. The update
may encompass all or a portion of the plan, with the scope of the update to be
determined by the secretary and the legislative authority. The process for the
update shall be the one prescribed in RCW 70.116.050.
(7) The provisions
of subsection (3) of this section shall not apply in any county for which a
coordinated water system plan has not been approved under subsection (2) of
this section.
(8) If the secretary
initiates an update or revision of a coordinated water system plan, the state
shall pay for the cost of updating or revising the plan.
Sec. 3. RCW 70.119A.060 and 1991
c 304 s 4 are each amended to read as follows:
(1) In order to assure
safe and reliable public drinking water and to protect the public health,
public water systems shall:
(a) Protect the water
sources used for drinking water;
(b) Provide treatment
adequate to assure that the public health is protected;
(c) Provide and
effectively operate and maintain public water system facilities;
(d) Plan for future
growth and assure the availability of safe and reliable drinking water;
(e) Provide the
department with the current names, addresses, and telephone numbers of the
owners, operators, and emergency contact persons for the system, including any
changes to this information, and provide to users the name and twenty-four hour
telephone number of an emergency contact person; and
(f) Take whatever
investigative or corrective action is necessary to assure that a safe and
reliable drinking water supply is continuously available to users.
(2) No new public
water system may be approved or created unless: (a) It is owned or operated by
a satellite system management agency established under RCW 70.116.134 and the
satellite system management system complies with financial viability
requirements of the department; or (b) a satellite management system is not
available and it is determined that the new system has sufficient management
and financial resources to provide safe and reliable service. The approval of
any new system that is not owned by a satellite system management agency shall
be conditioned upon future management or ownership by a satellite system
management agency, if such management or ownership can be made with reasonable
economy and efficiency, or upon periodic review of the system's operational
history to determine its ability to meet the department's financial viability
and other operating requirements. The department and local health
jurisdictions shall enforce this requirement under authority provided under this
chapter, chapter 70.116, or 70.05 RCW, or other authority governing the
approval of new water systems by the department or a local jurisdiction.
(3) The
department and local health jurisdictions shall carry out the rules and
regulations of the state board of health adopted pursuant to RCW
43.20.050(2)(a) and other rules adopted by the department relating to public
water systems.
NEW SECTION. Sec.
4. A new section is added
to chapter 70.119A RCW to read as follows:
The department shall
create a water supply advisory committee. Membership on the committee shall
reflect a broad range of interests in the regulation of public water supplies,
including water utilities of all sizes, local governments, business groups,
special purpose districts, local health jurisdictions, other state and federal
agencies, financial institutions, environmental organizations, the legislature,
and other groups substantially affected by the department's role in
implementing state and federal requirements for public water systems. Members
shall be appointed for fixed terms of no less than two years, and may be
reappointed. Any members of an existing advisory committee to the drinking
water program may remain as members of the water supply advisory committee.
The committee shall provide advice to the department on the organization,
functions, service delivery methods, and funding of the drinking water
program. The committee shall also review the adequacy and necessity of the
current and prospective funding for the drinking water program, and the results
of the committees' review shall be forwarded to the department for inclusion in
a report to the appropriate standing committees of the legislature no later
than November 1, 1996. The report shall include a discussion of the extent to
which the drinking water program has progressed toward achieving the objectives
of the public health improvement plan, and an assessment of any changes to the
program necessitated by modifications to the federal safe drinking water act.
Sec. 5. RCW 70.119.020 and 1991 c
305 s 2 are each amended to read as follows:
As used in this chapter
unless context requires another meaning:
(1) "Board"
means the board established pursuant to RCW 70.95B.070 which shall be known as
the water and waste water operator certification board of examiners.
(2)
"Certificate" means a certificate of competency issued by the
secretary stating that the operator has met the requirements for the specified
operator classification of the certification program.
(3) "Certified
operator" means an individual holding a valid certificate and employed or
appointed by any county, water district, municipality, public or private
corporation, company, institution, person, or the state of Washington and who
is designated by the employing or appointing officials as the person
responsible for active daily technical operation.
(4)
"Department" means the department of health.
(5) "Distribution
system" means that portion of a public water system which stores,
transmits, pumps and distributes water to consumers.
(6) "Ground water
under the direct influence of surface water" means any water beneath the
surface of the ground with:
(a) Significant
occurrence of insects or other macroorganisms, algae, or large diameter
pathogens such as giardia lamblia; or
(b) Significant and
relatively rapid shifts in water characteristics such as turbidity,
temperature, conductivity, or pH which closely correlate to climatological or
surface water conditions.
(7) "Group A water
system" means a system with fifteen or more service connections,
regardless of the number of people; or a system serving an average of
twenty-five or more people per day for sixty or more days within a calendar
year, regardless of the number of service connections. Group A water system
does not include a system serving fewer than fifteen single-family residences,
regardless of the number of people.
(8) "Group B
water system" means a system with more than four service connections but
less than fifteen service connections and serving either: (a) An average of
less than twenty-five people per day for sixty or more days within a calendar
year; or (b) any number of people for less than sixty days within a calendar
year.
(9)
"Nationally recognized association of certification authorities"
shall mean an organization which serves as an information center for
certification activities, recommends minimum standards and guidelines for
classification of potable water treatment plants, water distribution systems
and waste water facilities and certification of operators, facilitates
reciprocity between state programs and assists authorities in establishing new
certification programs and updating existing ones.
(((9))) (10)
"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 or domestic use, 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.
(((10))) (11)
"Purification plant" means that portion of a public water system
which treats or improves the physical, chemical or bacteriological quality of
the system's water to bring the water into compliance with state board of
health standards.
(((11))) (12)
"Secretary" means the secretary of the department of health.
(((12))) (13)
"Service" means a connection to a public water system designed to
serve a single-family residence, dwelling unit, or equivalent use. If the
facility has group home or barracks-type accommodations, three persons will be
considered equivalent to one service.
(((13))) (14)
"Surface water" means all water open to the atmosphere and subject to
surface runoff.
Sec. 6. RCW 70.119.030 and 1991
c 305 s 3 are each amended to read as follows:
(1) A public water
system shall have a certified operator if:
(a) ((The system
serves one hundred or more services in use at any one time)) It is a
group A water system; or
(b) It is a ((group
A)) public water system using a surface water source or a ground
water source under the direct influence of surface water.
(2) The certified
operators shall be in charge of the technical direction of a water system's
operation, or an operating shift of such a system, or a major segment of a
system necessary for monitoring or improving the quality of water. The
operator shall be certified as provided in RCW 70.119.050.
(3) A certified
operator may provide required services to more than one system or to a group of
systems. The amount of time that a certified operator shall be required to
be present at any given system shall be based upon the time required to
properly operate and maintain the public water system as designed and
constructed in accordance with RCW 43.20.050. The employing or appointing
officials shall designate the position or positions requiring mandatory
certification within their individual systems and shall assure that such
certified operators are responsible for the system's technical operation.
(4) The department
shall, in establishing by rule or otherwise the requirements for public water
systems with fewer than one hundred connections, phase in such requirements in
order to assure that (a) an adequate number of certified operators are
available to serve the additional systems, (b) the systems have adequate notice
and time to plan for securing the services of a certified operator, (c) the
department has the additional data and other administrative capacity, (d)
adequate training is available to certify additional operators as necessary,
and (e) any additional requirements under federal law are satisfied. The
department shall not require a certified operator for a system with fewer than
one hundred connections unless that system is determined by the department to
be in significant noncompliance with monitoring, or water quality standards
which would put the public health at risk, as defined by the department by
rule, or has, or is required to have, water treatment facilities other than
simple disinfection.
(5) Any examination
required by the department as a prerequisite for the issuance of a certificate
under this chapter shall be offered in each region where the department has a
regional office.
(6) Operators
not required to be certified by this chapter are encouraged to become certified
on a voluntary basis.
Sec. 7. RCW 70.116.050 and 1977
ex.s. c 142 s 5 are each amended to read as follows:
(1) Each purveyor
within the boundaries of a critical water supply service area shall develop a
water system plan for the purveyor's future service area if such a plan has not
already been developed: PROVIDED, That nonmunicipally owned public water
systems are exempt from the planning requirements of this chapter, except for
the establishment of service area boundaries if they((: (a) Were in
existence as of September 21, 1977; and (b))) have no plans for water
service beyond their existing service area((, and (c) meet minimum quality
and pressure design criteria established by the state board of health)):
PROVIDED FURTHER, That if the county legislative authority permits a change in
development that will increase the demand for water service of such a system
beyond the existing system's ability to provide minimum water service, the
purveyor shall develop a water system plan in accordance with this section. The
establishment of future service area boundaries shall be in accordance with RCW
70.116.070.
(2) After the
boundaries of a critical water supply service area have been established
pursuant to RCW 70.116.040, the committee established in RCW 70.116.040 shall
participate in the development of a coordinated water system plan for the
designated area. Such a plan shall incorporate all water system plans
developed pursuant to subsection (1) of this section. The plan shall provide
for maximum integration and coordination of public water system facilities
consistent with the protection and enhancement of the public health and
well-being. Decisions of the committee shall be by majority vote of those
present at meetings of the committee.
(3) Those portions of a
critical water supply service area not yet served by a public water system
shall have a coordinated water system plan developed by existing purveyors
based upon permitted densities in county plans, ordinances, and/or growth
policies for a minimum of five years beyond the date of establishment of the
boundaries of the critical water supply service area.
(4) To insure that the
plan incorporates the proper designs to protect public health, the secretary
shall adopt regulations pursuant to chapter 34.05 RCW concerning the scope and
content of coordinated water system plans, and shall ensure, as minimum
requirements, that such plans:
(a) Are reviewed by the
appropriate local governmental agency to insure that the plan is not
inconsistent with the land use plans, shoreline master programs, and/or
developmental policies of the general purpose local government or governments
whose jurisdiction the water system plan affects.
(b) Recognize all water
resource plans, water quality plans, and water pollution control plans which
have been adopted by units of local, regional, and state government.
(c) Incorporate the
fire protection standards developed pursuant to RCW 70.116.080.
(d) Identify the future
service area boundaries of the public water system or systems included in the
plan within the critical water supply service area.
(e) Identify feasible
emergency inter-ties between adjacent purveyors.
(f) Include
satellite system management requirements consistent with RCW 70.116.134.
(g) Include policies
and procedures that generally address failing water systems for which counties
may become responsible under RCW 43.70.195.
(5) If a "water
general plan" for a critical water supply service area or portion thereof
has been prepared pursuant to chapter 36.94 RCW and such a plan meets the
requirements of subsections (1) and (4) of this section, such a plan shall
constitute the coordinated water system plan for the applicable geographical
area.
(6) The committee
established in RCW 70.116.040 may develop and utilize a mechanism for
addressing disputes that arise in the development of the coordinated water
system plan.
(7) Prior to the
submission of a coordinated water system plan to the secretary for approval ((of
the design of the proposed facilities)) pursuant to RCW 70.116.060, ((the
plan shall be reviewed for consistency with subsection (4) of this section by))
the legislative authorities of the counties in which the critical water supply
service area is located shall hold a public hearing thereon and shall
determine the plan's consistency with subsection (4) of this section. If
within sixty days of receipt of the plan, the legislative authorities find any
segment of a proposed service area of a purveyor's plan or any segment of the
coordinated water system plan to be inconsistent with any current land use
plans, shoreline master programs, and/or developmental policies of the general
purpose local government or governments whose jurisdiction the water system plan
affects, the secretary shall not approve that portion of the plan until the
inconsistency is resolved between the local government and the purveyor. If no
comments have been received from the legislative authorities within sixty days
of receipt of the plan, the secretary may consider the plan for approval.
(8) Any county
legislative authority may adopt an abbreviated plan for the provision of water
supplies within its boundaries that includes provisions for service area
boundaries, minimum design criteria, and review process. The elements of the
abbreviated plan shall conform to the criteria established by the department
under subsection (4) of this section and shall otherwise be consistent with
other adopted land use and resource plans. The county legislative authority
may, in lieu of the committee required under RCW 70.116.040, and the procedures
authorized in this section, utilize an advisory committee that is
representative of the water utilities and local governments within its
jurisdiction to assist in the preparation of the abbreviated plan, which may be
adopted by resolution and submitted to the secretary for approval. Purveyors
within the boundaries covered by the abbreviated plan need not develop a water
system plan, except to the extent required by the secretary or state board of
health under other authority. Any abbreviated plan adopted by a county
legislative authority pursuant to this subsection shall be subject to the same
provisions contained in RCW 70.116.060 for coordinated water system plans that
are approved by the secretary.
Sec. 8. RCW 70.119A.040 and 1993
c 305 s 2 are each amended to read as follows:
(1)(a) In addition to
or as an alternative to any other penalty or action allowed by law, a person
who violates a law or rule regulating public water systems and administered by
the department of health is subject to a penalty of not more than five thousand
dollars per day for every such violation, or, in the case of a violation that
has been determined to be a public health emergency, a penalty of not more than
ten thousand dollars per day for every such violation. Every such violation
shall be a separate and distinct offense. The amount of fine shall reflect the
health significance of the violation and the previous record of compliance on
the part of the public water supplier. In case of continuing violation, every
day's continuance shall be a separate and distinct violation.
(b) In addition, a
person who constructs, modifies, or expands a public water system or who
commences the construction, modification, or expansion of a public water system
without first obtaining the required departmental approval is subject to
penalties of not more than five thousand dollars per service connection, or, in
the case of a system serving a transient population, a penalty of not more than
four hundred dollars per person based on the highest average daily population
the system serves or is anticipated to serve may be imposed. The
total penalty that may be imposed pursuant to this subsection (1)(b) is five
hundred thousand dollars. For the purpose of computing the penalty under
this subsection, a service connection shall include any new service connection
actually constructed, any anticipated service connection the system has been
designed to serve, and, in the case of a system modification not involving
expansions, each existing service connection that benefits or would benefit
from the modification.
(c) Every person who,
through an act of commission or omission, procures, aids, or abets a violation
is considered to have violated the provisions of this section and is subject to
the penalty provided in this section.
(2) The penalty
provided for in this section shall be imposed by a notice in writing to the
person against whom the civil penalty is assessed and shall describe the
violation. The notice shall be personally served in the manner of service of a
summons in a civil action or in a manner that shows proof of receipt. A
penalty imposed by this section is due twenty-eight days after receipt of
notice unless application for an adjudicative proceeding is filed as provided
in subsection (3) of this section.
(3) Within twenty-eight
days after notice is received, the person incurring the penalty may file an
application for an adjudicative proceeding and may pursue subsequent review as
provided in chapter 34.05 RCW and applicable rules of the department or board
of health.
(4) A penalty imposed
by a final administrative order is due upon service of the final administrative
order. A person who fails to pay a penalty assessed by a final administrative
order within thirty days of service of the final administrative order shall
pay, in addition to the amount of the penalty, interest at the rate of one
percent of the unpaid balance of the assessed penalty for each month or part of
a month that the penalty remains unpaid, commencing with the month in which the
notice of penalty was served and such reasonable attorney's fees as are
incurred in securing the final administrative order.
(5) A person who
institutes proceedings for judicial review of a final administrative order
assessing a civil penalty under this chapter shall place the full amount of the
penalty in an interest bearing account in the registry of the reviewing court.
At the conclusion of the proceeding the court shall, as appropriate, enter a
judgment on behalf of the department and order that the judgment be satisfied
to the extent possible from moneys paid into the registry of the court or shall
enter a judgment in favor of the person appealing the penalty assessment and
order return of the moneys paid into the registry of the court together with
accrued interest to the person appealing. The judgment may award reasonable
attorney's fees for the cost of the attorney general's office in representing
the department.
(6) If no appeal is
taken from a final administrative order assessing a civil penalty under this
chapter, the department may file a certified copy of the final administrative
order with the clerk of the superior court in which the public water system is
located or in Thurston county, and the clerk shall enter judgment in the name
of the department and in the amount of the penalty assessed in the final
administrative order.
(7) A judgment entered
under subsection (5) or (6) of this section shall have the same force and
effect as, and is subject to all of the provisions of law relating to, a judgment
in a civil action, and may be enforced in the same manner as any other judgment
of the court in which it is entered.
(8) All penalties
imposed under this section shall be payable to the state treasury and credited
to the ((general fund)) safe drinking water account, and shall be
used by the department to provide training and technical assistance to system
owners and operators.
(9) Except in cases of
public health emergencies, the department may not impose monetary penalties
under this section unless a prior effort has been made to resolve the violation
informally.
Sec. 9. RCW 70.119A.130 and 1991
c 304 s 7 are each amended to read as follows:
((Until July 1,
1996, local governments shall be prohibited from administering a separate
operating permit requirement for public water systems. After July 1, 1996,))
Local governments may establish separate operating permit requirements
for public water systems provided the operating permit requirements have been
approved by the department. The department shall not approve local operating
permit requirements unless the local system will result in an increased level
of service to the public water system. There shall not be duplicate operating
permit requirements imposed by local governments and the department.
NEW SECTION. Sec.
10. A new section is added
to chapter 70.119A RCW to read as follows:
A drinking water
assistance account is created in the state treasury. The purpose of the
account is to allow the state to take advantage of any federal funds that
become available for safe drinking water. Expenditures from the account may
only be made by the secretary or the public works board after appropriation.
Moneys in the account may only be used to assist water systems to provide safe
drinking water through a program administered through the department of health
and the public works board. Money may be placed in the account from the
proceeds of bonds when authorized by the legislature, transfers from other
state funds or accounts, federal capitalization grants or other financial
assistance, all repayments of moneys borrowed from the account, all interest
payments made by borrowers from the account or otherwise earned on the account,
or any other lawful source. Expenditures from the account may only be made by
the secretary or the public works board after appropriation. Moneys in the
account may only be used to assist local governments and water systems to
provide safe and reliable drinking water and to administer the program.
Sec. 11. RCW 43.155.050 and 1993
sp.s. c 24 s 921 are each amended to read as follows:
The public works
assistance account is hereby established in the state treasury. Money may be
placed in the public works assistance account from the proceeds of bonds when
authorized by the legislature or from any other lawful source. Money in the
public works assistance account shall be used to make loans and to give
financial guarantees to local governments for public works projects. Moneys
in the account may also be appropriated to provide for state match requirements
under federal law for projects and activities conducted and financed by the
board under the drinking water assistance account. During the 1993-95
fiscal biennium, moneys in the public works assistance account may be
appropriated for flood control assistance including grants under chapter 86.26
RCW. To the extent that moneys in the public works assistance account are not
appropriated during the 1993-95 fiscal biennium for public works or flood
control assistance, the legislature may direct their transfer to the state
general fund. In awarding grants under chapter 86.26 RCW, the department of
ecology shall give strong preference to local governments that have: (1)
Implemented, or are in the process of implementing, an ordinance that
establishes a flood plain policy that is substantially more stringent than
minimum federal requirements; (2) completed a comprehensive flood control plan
meeting the requirements of RCW 86.12.200; or (3) constructed, or are in the
process of constructing, a system of overtopping dikes or levees that allow
public access.
Sec. 12. RCW 80.04.110 and 1991 c
134 s 1 and 1991 c 100 s 2 are each reenacted and amended to read as follows:
(1) Complaint may be
made by the commission of its own motion or by any person or corporation,
chamber of commerce, board of trade, or any commercial, mercantile,
agricultural or manufacturing society, or any body politic or municipal
corporation, or by the public counsel section of the office of the attorney
general, or its successor, by petition or complaint in writing, setting forth
any act or thing done or omitted to be done by any public service corporation
in violation, or claimed to be in violation, of any provision of law or of any
order or rule of the commission: PROVIDED, That no complaint shall be
entertained by the commission except upon its own motion, as to the
reasonableness of the schedule of the rates or charges of any gas company,
electrical company, water company, or telecommunications company, unless the
same be signed by the mayor, council or commission of the city or town in which
the company complained of is engaged in business, or not less than twenty-five
consumers or purchasers of such gas, electricity, water or telecommunications
service, or at least twenty-five percent of the consumers or purchasers of the
company's service: PROVIDED, FURTHER, That when two or more public service
corporations, (meaning to exclude municipal and other public corporations) are
engaged in competition in any locality or localities in the state, either may
make complaint against the other or others that the rates, charges, rules,
regulations or practices of such other or others with or in respect to which
the complainant is in competition, are unreasonable, unremunerative,
discriminatory, illegal, unfair or intending or tending to oppress the
complainant, to stifle competition, or to create or encourage the creation of
monopoly, and upon such complaint or upon complaint of the commission upon its
own motion, the commission shall have power, after notice and hearing as in
other cases, to, by its order, subject to appeal as in other cases, correct the
abuse complained of by establishing such uniform rates, charges, rules,
regulations or practices in lieu of those complained of, to be observed by all
of such competing public service corporations in the locality or localities
specified as shall be found reasonable, remunerative, nondiscriminatory, legal,
and fair or tending to prevent oppression or monopoly or to encourage
competition, and upon any such hearing it shall be proper for the commission to
take into consideration the rates, charges, rules, regulations and practices of
the public service corporation or corporations complained of in any other
locality or localities in the state.
(2) All matters upon
which complaint may be founded may be joined in one hearing, and no motion
shall be entertained against a complaint for misjoinder of complaints or
grievances or misjoinder of parties; and in any review of the courts of orders
of the commission the same rule shall apply and pertain with regard to the
joinder of complaints and parties as herein provided: PROVIDED, All grievances
to be inquired into shall be plainly set forth in the complaint. No complaint
shall be dismissed because of the absence of direct damage to the complainant.
(3) Upon the filing of
a complaint, the commission shall cause a copy thereof to be served upon the
person or corporation complained of, which shall be accompanied by a notice
fixing the time when and place where a hearing will be had upon such
complaint. The time fixed for such hearing shall not be less than ten days
after the date of the service of such notice and complaint, excepting as herein
provided. The commission shall enter its final order with respect to a
complaint filed by any entity or person other than the commission within ten
months from the date of filing of the complaint, unless the date is extended
for cause. Rules of practice and procedure not otherwise provided for in this
title may be prescribed by the commission. Such rules may include the
requirement that a complainant use informal processes before filing a formal
complaint.
(4) The commission
shall, as appropriate, audit a nonmunicipal water system upon receipt of an
administrative order from the department, or the city or county in which the
water system is located, finding that the water delivered by a system does not
meet state board of health standards adopted under RCW 43.20.050(2)(a) or
standards adopted under chapters 70.116 and 70.119A RCW,
and the results of the audit shall be provided to the requesting department,
city, or county. However, the number of nonmunicipal water systems referred to
the commission in any one calendar year shall not exceed twenty percent of the
water companies subject to commission regulation as defined in RCW 80.04.010.
Every nonmunicipal
water system referred to the commission for audit under this section shall pay
to the commission an audit fee in an amount, based on the system's twelve-month
audited period, equal to the fee required to be paid by regulated companies
under RCW 80.24.010.
(5) Any customer or
purchaser of service from a water system or company that is subject to
commission regulation may file a complaint with the commission if he or she has
reason to believe that the water delivered by the system to the customer does
not meet state drinking water standards under chapter 43.20 or 70.116 RCW. The
commission shall investigate such a complaint, and shall request that the state
department of health or local health department of the county in which the
system is located test the water for compliance with state drinking water
standards, and provide the results of such testing to the commission. The
commission may decide not to investigate the complaint if it determines that
the complaint has been filed in bad faith, or for the purpose of harassment of
the water system or company, or for other reasons has no substantial merit.
The water system or company shall bear the expense for the testing. After the
commission has received the complaint from the customer and during the pendency
of the commission investigation, the water system or company shall not take any
steps to terminate service to the customer or to collect any amounts alleged to
be owed to the company by the customer. The commission may issue an order or
take any other action to ensure that no such steps are taken by the system or
company. The customer may, at the customer's option and expense, obtain a
water quality test by a licensed or otherwise qualified water testing
laboratory, of the water delivered to the customer by the water system or
company, and provide the results of such a test to the commission. If the
commission determines that the water does not meet state drinking water
standards, it shall exercise its authority over the system or company as
provided in this title, and may, where appropriate, order a refund to the
customer on a pro rata basis for the substandard water delivered to the
customer, and shall order reimbursement to the customer for the cost incurred
by the customer, if any, in obtaining a water quality test.
Sec. 13. RCW 70.116.070 and 1977
ex.s. c 142 s 7 are each amended to read as follows:
(1) The proposed
service area boundaries of public water systems within the critical water
supply service area that are required to submit water system plans under
this chapter shall be ((determined by written agreement among the
purveyors and with the approval of the appropriate legislative authority.
Failure of the legislative authority to file with the secretary objections to
the proposed service area boundaries within sixty days of receipt of the
proposed boundary agreement may be construed as approval of the agreement))
identified in the system's plan. The local legislative authority, or its
planning department or other designee, shall review the proposed boundaries to
determine whether the proposed boundaries of one or more systems overlap. The
boundaries determined by the local legislative authority not to overlap shall
be incorporated into the coordinated water system plan. Where any overlap
exists, the local legislative authority may attempt to resolve the conflict
through procedures established under RCW 70.116.060(5).
(2) ((If no service
area boundary agreement has been established within a reasonable period of
time, or if the legislative authority has filed with the secretary objections
in writing as provided in subsection (1) of this section)) Any final
decision by a local legislative authority regarding overlapping service areas,
or any unresolved disputes regarding service area boundaries, may be appealed
or referred to the secretary in writing for resolution. After receipt of an
appeal or referral, the secretary shall hold a public hearing thereon. The
secretary shall provide notice of the hearing by certified mail to each
purveyor ((providing service in the critical water supply service area))
involved in the dispute, to each county legislative authority having
jurisdiction in the area and to the public. The secretary shall provide public
notice pursuant to the provisions of chapter 65.16 RCW. Such notice shall be
given at least twenty days prior to the hearing. The hearing may be continued
from time to time and, at the termination thereof, the secretary may restrict
the expansion of service of any purveyor within the area if the secretary finds
such restriction is necessary to provide the greatest protection of the public
health and well-being.
Sec. 14. RCW 56.08.200 and 1991 c
190 s 1 are each amended to read as follows:
It is unlawful and a
misdemeanor to make, or cause to be made, or to maintain any ((sewer))
connection with any sewer or water system of any sewer district, or with
any sewer or water system which is connected directly or indirectly with
any sewer or water system of any sewer district without having
permission from the sewer district.
Sec. 15. RCW 57.08.180 and 1991 c
190 s 5 are each amended to read as follows:
It is unlawful and a
misdemeanor to make, or cause to be made, or to maintain any ((sewer))
connection with any sewer or water system of any water district, or with
any sewer or water system which is connected directly or indirectly with
any sewer or water system of any water district without having
permission from the water district.
NEW SECTION. Sec.
16. A new section is added
to chapter 70.119A RCW to read as follows:
An individual well
serving a group domestic use shall be allowed to provide water service
connections for up to a number equal to the approved maximum daily withdrawal
amount for the well as determined by the water right divided by four hundred.
The department may approve a greater number of service connections based on a
factor of less than four hundred gallons per day delivered to each residence.
NEW SECTION. Sec.
17. Section 9 of 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 July 1, 1995.
