H-2194.1 _______________________________________________
HOUSE BILL 2191
_______________________________________________
State of Washington 55th Legislature 1997 Regular Session
By Representatives Koster, Chandler, Robertson and Honeyford
Read first time 02/25/97. Referred to Committee on Agriculture & Ecology.
AN ACT Relating to dairy waste; amending RCW 90.64.005, 90.64.010, 90.64.030, 90.64.050, 90.64.060, 90.64.070, and 90.64.080; adding new sections to chapter 90.64 RCW; and repealing RCW 90.64.090.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 90.64.005 and 1993 c 221 s 1 are each amended to read as follows:
The legislature finds that there is a need to establish a clear and understandable process that provides for the proper and effective management of dairy waste that affects the quality of surface or ground waters in the state of Washington. The legislature finds that there is a need for a program that will provide a stable and predictable business climate upon which dairy farms may base future investment decisions.
The
legislature finds that federal regulations require a permit program for dairies
(([with])) with over seven hundred head of mature cows and, other
specified dairy farms that directly discharge into waters or are otherwise
significant contributors of pollution. The legislature finds that significant
work has been ongoing over a period of time and that the intent of this chapter
is to take the consensus that has been developed and place it into statutory
form.
It is also the intent of this chapter to recognize the existing working relationships between conservation districts, the conservation commission, and the department of ecology in protecting water quality of the state. A further purpose of this chapter is to provide statutory recognition of the coordination of the functions of conservation districts, the conservation commission, and the department of ecology pertaining to development of dairy waste management plans for the protection of water quality.
It is also the intent of this chapter to establish a credible inspection and technical assistance program for dairy farms to address the discharge of pollutants to surface and ground waters of the state that will lead to water quality compliance by the industry. A further purpose is to create a balanced program involving technical assistance, regulation, and enforcement with coordination and oversight of the program by a committee composed of industry, agency, and other representatives. Additionally, the legislature intends to simplify current complex coordination procedures between the department, the conservation commission, and conservation districts.
Sec. 2. RCW 90.64.010 and 1993 c 221 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) "Conservation commission" or "commission" means the conservation commission under chapter 89.08 RCW.
(2) "Conservation districts" or "district" means a subdivision of state government organized under chapter 89.08 RCW.
(3) "Concentrated dairy animal feeding operation" means a dairy animal feeding operation subject to regulation under this chapter which the director designates under RCW 90.64.030 or meets the following criteria:
(a) Has more than seven hundred mature dairy cows, whether milked or dry cows, that are confined; or
(b) Has more than two hundred head of mature dairy cattle, whether milked or dry cows, that are confined and either:
(i) From which pollutants are discharged into navigable waters through a manmade ditch, flushing system, or other similar manmade device; or
(ii) From which pollutants are discharged directly into surface or ground waters of the state that originate outside of and pass over, across, or through the facility or otherwise come into direct contact with the animals confined in the operation.
(4) "Dairy animal feeding operation" means a lot or facility where the following conditions are met:
(a) Dairy animals that have been, are, or will be stabled or confined and fed for a total of forty-five days or more in any twelve-month period; and
(b) Crops, vegetation forage growth, or postharvest residues are not sustained in the normal growing season over any portion of the lot or facility. Two or more dairy animal feeding operations under common ownership are considered, for the purposes of this chapter, to be a single dairy animal feeding operation if they adjoin each other or if they use a common area for land application of wastes.
(5) "Dairy farm" means any farm that has a grade A license under chapter 15.36 RCW.
(6) "Dairy waste inspection team" means one or more representatives of the department and a local conservation district.
(7) "Department" means the department of ecology under chapter 43.21A RCW.
(((6)))
(8) "Director" means the director of the department of
ecology, or his or her designee.
(9) "Major violation" means a discharge, or an action or inaction that causes an imminent threat of a discharge, into waters of the state.
NEW SECTION. Sec. 3. (1) The dairy waste inspection team shall conduct an initial inspection program of all dairy farms in the state. The purpose of the inspection is to correct sources of actual or imminent discharges and to determine dairy farms subject to on-going inspections.
(2) The on-going dairy farm inspection program conducted by the dairy waste inspection team shall be required of any dairy farm that:
(a) Is required to plan under section 5 of this act;
(b) Is the source of a complaint filed under this chapter; and
(c) Is the source of an actual or imminent discharge.
(3) A dairy farm shall be inspected a minimum of once every two years. A dairy farm that is determined to be an actual or likely source of water quality degradation shall receive more frequent inspections as provided under section 11(3)(h) of this act.
(4) A dairy farm inspected by the dairy waste inspection team that is fully implementing a dairy animal waste management plan meeting the standards and specifications under section 6 of this act, and is not directly discharging pollutants to waters of the state, shall not be scheduled for another inspection for twenty-four months unless a water pollution complaint is received by the dairy waste inspection team.
Sec. 4. RCW 90.64.030 and 1993 c 221 s 4 are each amended to read as follows:
((Upon
receiving a complaint or upon its own determination that a dairy animal feeding
operation is a likely source of water quality degradation,)) The ((department))
dairy waste inspection team may investigate a dairy ((animal feeding
operation)) farm to determine whether the operation is discharging
directly pollutants or ((recently)) has ((discharged)) a
record of directly discharging pollutants into surface or ground
waters of the state as provided under the inspection program in section 3 of
this act. The ((department)) dairy waste inspection team
shall investigate a written complaint filed with the department within ((ten
days)) forty-eight hours and shall make a written report of its
findings including the results of any water quality measurements, photographs,
or other pertinent information. A copy of the findings shall be provided upon
request to the dairy ((animal feeding operation)) farm.
((Those))
A dairy ((animal feeding operations that are)) farm that is
determined to be a significant contributor of pollution based on actual water
quality tests, photographs, or other pertinent information if immediate
corrective actions are not possible, shall be ((designated as a concentrated
dairy animal feeding operation and shall be)) subject to the provisions of
this chapter.
NEW SECTION. Sec. 5. (1) A dairy farm shall prepare a dairy animal waste management plan if the farm:
(a) Has been documented as having a major violation under this chapter; or
(b) Is a concentrated dairy animal feeding operation.
(2) A dairy farm required to plan under this section shall be provided six months to develop a dairy animal waste management plan and an additional eighteen months to fully implement the plan.
Sec. 6. RCW 90.64.050 and 1993 c 221 s 6 are each amended to read as follows:
(1) The department has the following duties:
(a) Identify existing or potential water quality problems resulting from dairy farms through implementation of the inspection program in section 3 of this act;
(b) Receive, process, and verify complaints concerning discharge of pollutants from all dairy farms regardless of size;
(c)
Determine if a dairy-related water quality problem requires immediate
corrective action under the Washington state water pollution control laws,
chapter 90.48 RCW, the Washington state water quality standards adopted under
chapter 90.48 RCW, or ((other authorities)) this chapter. The
department shall maintain the lead enforcement responsibility;
(d)
Administer and enforce national pollutants discharge elimination system permits
for operators of concentrated dairy animal feeding operations, where required
by federal regulations, and ((administer)) state laws;
(e)
((Appoint representatives, including dairy industry representatives, to
participate in the compliance review committee that will annually review and
update policy and disseminate information as needed)) Participate on the
dairy waste program coordination and oversight committee;
(f) Encourage communication and cooperation between local department personnel and the appropriate conservation district personnel;
(g)
((Encourage)) Require the use of ((federal soil conservation service
standards and specifications in designing best management practices for))
dairy animal waste management plans to protect water quality that
meet the standards and specifications of:
(i) The natural resource conservation service;
(ii) The geographically based standards under section 12 of this act; or
(iii) A professional engineer;
(h)
Provide to the commission and dairy waste program coordination and oversight
committee an annual report of dairy waste ((pollution)) inspection,
permitting, and enforcement activities.
(2) The department may not delegate its responsibilities in enforcement.
Sec. 7. RCW 90.64.060 and 1993 c 221 s 7 are each amended to read as follows:
(1)
If the ((department)) dairy waste inspection team determines that
the operator of a dairy animal feeding operation has the means to correct a
water quality problem in a manner that will prevent future contamination and
does so promptly and such correction is maintained, the department shall cease
pursuit of the complaint.
(2)
If the ((department)) dairy waste inspection team determines that
an unresolved water quality problem from a dairy animal feeding operation
requires immediate corrective action, the department shall notify the operator
and the district in which the problem is located.
(((3)
If immediate action is not necessary by the department, the handling of
complaints will differ depending on the amount of information available and the
compliance option selected by the conservation district involved.
(a)
When the name and address of the party against whom the complaint was
registered are known:
(i)
Districts operating at levels 1 and 2 will receive a copy of complaint
information, and compliance letter if one was sent out.
(ii)
Districts operating at levels 3 and 4 will receive a copy of complaint
information and the letter sent by the department to the operator informing the
operator of the complaint and providing the operator with the opportunity to
work with the conservation district on a voluntary basis.
(b)
The department and the conservation district will work together at the local
level to resolve complaints when the name and address of the party against whom
the complaint was registered are unknown.))
Sec. 8. RCW 90.64.070 and 1993 c 221 s 8 are each amended to read as follows:
(1) The conservation district has the following duties:
(a)
((Adopt and annually update the water quality section in the conservation
district dairy waste management plan)) Provide technical assistance to
the department in identifying existing or potential water quality problems
resulting from dairy farms through implementation of the inspection program in
section 3 of this act;
(b)
((As part of the district annual report, include a water quality progress
report on dairy waste management activities conducted that are related to this
chapter)) Immediately forward complaints received by the public
regarding discharge of pollutants to the department;
(c) Encourage communication and cooperation between the conservation district personnel and local department personnel; and
(d)
((Adopt and carry out a compliance option from level 1, level 2, level 3, or
level 4)) Provide technical assistance in developing and implementing a
dairy waste management farm plan.
(2)
The district's capability to carry out its responsibilities ((in the four
levels of compliance)) under this chapter is contingent upon the
availability of funding and resources to implement a dairy waste management
program.
Sec. 9. RCW 90.64.080 and 1993 c 221 s 9 are each amended to read as follows:
(1) The conservation commission has the following duties:
(a)
((Forward to the department the dairy waste management plan progress
reports;
(b)))
Provide assistance as may be appropriate to the conservation districts in the
discharge of their responsibilities as management agencies in dairy waste
management program implementation;
(((c)))
(b) Provide coordination for conservation district programs at the state
level through special arrangements with appropriate federal and state agencies;
(((d)))
(c) Inform conservation districts of activities and experiences of other
conservation districts relative to agricultural water quality protection, and
facilitate an interchange of advice, experience, and cooperation between the
districts;
(((e)))
(d) Encourage communication between the conservation district personnel
and local department personnel;
(((f)))
(e) Appoint conservation district representatives to serve on the ((compliance
review)) dairy waste program coordination and oversight committee
with advice of the Washington association of conservation districts;
(((g)
Appoint a commission representative to participate on the compliance review
committee that will annually review and update policy and disseminate
information as needed;
(h))) (f)
Serve as chair to the dairy waste program coordination and oversight committee;
(g) Work with the department to provide communication outreach to representatives of agricultural and environmental organizations to receive feedback on implementation of this chapter.
(2) The commission's capability to carry out its responsibilities under this chapter is contingent upon the availability of funding and resources to implement a dairy waste management program.
NEW SECTION. Sec. 10. By December 31, 1997, the department in consultation with the dairy waste program coordination and oversight committee shall develop and maintain a data base to account for the implementation of the inspection program identified in section 3 of this act. The data base shall track inspection, regulatory and enforcement actions, and industry implementation of dairy animal waste management plans. A summary of the data base information shall be provided quarterly to the dairy waste program coordination and oversight committee members.
NEW SECTION. Sec. 11. (1) A dairy waste program coordination and oversight committee is established. The committee shall be chaired by the conservation commission. The purpose of the committee is to provide accountable direction and oversight of the dairy waste inspection program. Members shall be appointed by the commission.
(2) The committee may include representatives of the department, a dairy federation, the conservation commission, conservation districts, the federal natural resources conservation service, the federal environmental protection agency, an environmental organization, and the shellfish industry.
(3) The committee shall perform the following functions:
(a) Meet at least four times per calendar year;
(b) Disseminate information as needed;
(c) Maintain meeting minutes and account for the resolution of issues jointly identified by the committee chairs as needing to be addressed;
(d) Review the annual data base report provided by the department under section 10 of this act;
(e) Act as a forum to hear suggestions from any interested parties, including dairy farmers, regarding implementation of the dairy waste program;
(f) Monitor the development and use of the standards and specifications developed under section 12 of this act;
(g) Create and recommend standardized dairy farm waste facility inspection procedures and a reporting format to be used by the department; and
(h) Develop performance-based criteria to determine the frequency of inspections initiated under section 3 of this act.
(4) The dairy waste program coordination and oversight committee does not replace or infringe upon the authority, duties, or responsibilities of the pollution control hearings board.
NEW SECTION. Sec. 12. (1) The conservation commission shall establish up to four dairy waste technical assistance teams by January 1, 1998. The teams shall be geographically located throughout the state. Each team shall consist of one or more professional engineers and local conservation district employees.
(2) Each team shall develop a set of standards and specifications to assist dairy farmers in developing and implementing dairy animal waste management plans by September 1, 1998. Standards and specifications developed by a technical assistance team shall be appropriate to the soils and other conditions of that geographic area.
NEW SECTION. Sec. 13. (1) The department shall provide copies of all final dairy farm inspection reports and documentation of all formal regulatory and enforcement actions taken by the department to the local conservation district, and to the appropriate dairy farm, within fourteen days.
(2) The local conservation district shall provide a copy of a completed dairy animal waste management farm plan to the department within fourteen days.
NEW SECTION. Sec. 14. (1) The following penalty schedule is established for major violations of this chapter:
(a) The first major violation shall result in a monetary penalty equal to half the value of the milk produced on the dairy farm in forty-eight hours. The monetary penalty shall be returned to the dairy producer if the violation is corrected within two weeks of department notification;
(b) The second major violation shall result in a monetary penalty equal to the full value of milk produced on the dairy farm in forty-eight hours. The monetary penalty shall be deposited into the dairy waste management account created in section 15 of this act; and
(c) The third, and any subsequent, major violation shall result in a monetary penalty equal to the full value of milk produced on the dairy farm in six days or until full compliance is achieved, whichever is greater.
The value of milk shall be calculated as provided in RCW 15.36.441(1).
(2) A dairy farm that has not had a violation in twenty-four months shall be considered as not having incurred a major violation under this chapter.
(3) The dairy waste inspection team shall reinspect a dairy farm that has incurred a major violation under this chapter within twenty-four hours of receiving notification that the violation has been corrected.
NEW SECTION. Sec. 15. The dairy waste management account is created in the custody of the state treasurer. All receipts from monetary penalties under section 14 of this act must be deposited into the account except those receipts held for two weeks under section 14(1) of this act. Expenditures from the account may be used only for the commission to provide grants to local conservation districts for the sole purpose of assisting dairy farms to develop and fully implement dairy animal waste management plans. Only the chairman of the commission or the chairman's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
NEW SECTION. Sec. 16. RCW 90.64.090 and 1993 c 221 s 10 are each repealed.
NEW SECTION. Sec. 17. Sections 3, 5, and 10 through 15 of this act are each added to chapter 90.64 RCW.
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