AN ACT
Relating to water conservation and the reclamation and direct beneficial use of
wastewater; amending RCW 90.46.005, 90.46.010, and 90.46.050; adding new
sections to chapter 90.46 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 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.
The
legislature further finds and declares that reclaimed water facilities are
water pollution control facilities as defined in chapter 70.146 RCW and are
eligible for financial assistance as provided in chapter 70.146 RCW.
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)) wastewater 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.
(10)
"Ground water recharge criteria" means the contaminant criteria found
in the drinking water quality standards adopted by the state board of health
pursuant to chapter 43.20 RCW and the department of health pursuant to chapter
70.119A RCW.
(11)
"Planned ground water recharge project" means any reclaimed water
project designed for the purpose of recharging ground water, via direct recharge
or surface spreading.
(12)
"Reclamation criteria" means the criteria set forth in the water
reclamation and reuse interim standards and subsequent revisions adopted by the
department of ecology and the department of health.
(13)
"Streamflow augmentation" means the discharge of reclaimed water to
rivers and streams of the state or other surface water bodies, but not
wetlands.
(14)
"Surface spreading" means the controlled application of water to the
ground surface for the purpose of replenishing ground water.
(15)
"Wetland or wetlands" means areas that are inundated or saturated by
surface water or ground water at a frequency and duration sufficient to
support, and that under normal circumstances do support, a prevalence of
vegetation typically adapted to life in saturated soil conditions. Wetlands
generally include swamps, marshes, bogs, and similar areas.
(16)
"Created wetlands" means a wetland intentionally created from a
nonwetland site to produce or replace natural habitat.
NEW
SECTION. Sec. 3. A new
section is added to chapter 90.46 RCW to read as follows:
(1)
Reclaimed water may be beneficially used for surface spreading provided the
reclaimed water meets the ground water recharge criteria as measured in ground
water beneath or down gradient of the recharge project site, and has been
incorporated into a sewer or water comprehensive plan, as applicable, adopted by
the applicable local government and approved by the department of health or
department of ecology as applicable.
(2) If
the state ground water recharge criteria as defined by RCW 90.46.010 do not
contain a 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. 4. A new
section is added to chapter 90.46 RCW to read as follows:
(1)
Reclaimed water may be beneficially used for discharge into created wetlands
provided the reclaimed water meets the class A reclaimed water standard as
defined in the reclamation criteria, and the discharge is incorporated into a
sewer or water comprehensive plan, as applicable, adopted by the applicable
local government and approved by the department of health or department of
ecology as applicable.
(2)
Reclaimed water that does not meet the class A reclaimed water standard may be
beneficially used for discharge into created wetlands where the department of
ecology has specifically authorized such use at such lower standard in
conjunction with a pilot project designated pursuant to this chapter, the
purpose of which is to test and implement the use of created wetlands for
advanced treatment.
NEW
SECTION. Sec. 5. A new
section is added to chapter 90.46 RCW to read as follows:
Reclaimed
water intended for beneficial reuse may be discharged for streamflow
augmentation provided the reclaimed water meets the requirements of the federal
water pollution control act, chapter 90.48 RCW, and is incorporated into a
sewer or water comprehensive plan, as applicable, adopted by the applicable
local government and approved by the department of health or department of
ecology as applicable.
NEW
SECTION. Sec. 6. A new
section is added to chapter 90.46 RCW to read as follows:
The
department of ecology shall, in consultation with the department of health,
adopt a single set of standards, procedures, and guidelines, on or before
December 31, 1996, for direct recharge using reclaimed water. The standards
shall address both water quality considerations and avoidance of property
damage from excessive recharge.
NEW
SECTION. Sec. 7. A new
section is added to chapter 90.46 RCW to read as follows:
The
department of ecology shall, in consultation with the department of health,
adopt a single set of standards, procedures, and guidelines, on or before June
30, 1996, for discharge of reclaimed water to wetlands.
NEW
SECTION. Sec. 8. A new
section is added to chapter 90.46 RCW to read as follows:
On or
before December 31, 1995, the department of ecology and department of health
shall, in consultation with local interested parties, jointly review and, if
required, propose amendments to chapter 372-32 WAC to resolve conflicts between
the development of reclaimed water projects in the Puget Sound region and
chapter 372-32 RCW.
Sec.
9. RCW
90.46.050 and 1992 c 204 s 6 are each amended to read as follows:
(((1)))
The department of health shall, before ((May 1, 1992)) July 1, 1995,
form an advisory committee, in coordination with the department of ecology and
the department of agriculture, which will provide technical assistance in the
development of standards, procedures, and guidelines required by this chapter.
Such committee shall be composed of individuals from the public water and
wastewater utilities, landscaping enhancement industry, commercial and
industrial application community, and any other persons deemed technically
helpful by the department of health.
(((2)
The department of health shall report to the joint select committee on water
resource policy by December 1, 1992, on the fee structure which has been
recommended under RCW 90.46.030(3) and review fees authorized under RCW
90.46.040(3).))
NEW
SECTION. Sec. 10. 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. 11. 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.
