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.
