BP BHEAD INT S [atlas:bill]

AN ACT Relating to protection and restoration of water quality; adding a new chapter to Title 90 RCW; creating a new section; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. (1) Washington's waters and fisheries resources are critical to the economic and environmental well-being of this state's citizens. However, the state's water and fisheries resources are seriously threatened from impacts caused by agricultural practices. The legislature finds that these problems pose great uncertainty for its citizens and in particular for those who depend on these resources for their economic and environmental well-being. The legislature further finds that these agricultural practices increase the risk of federal or judicial interventions stemming from noncompliance with state and federal laws.

(2) The legislature finds the following:

(a) Streamside buffers are essential for the protection and restoration of salmon and shellfish habitat, other fisheries resources, and water quality;

(b) In their natural state, streamside buffers provide many valuable social and ecological services, including controlling erosion, flooding, and storm water runoff, protecting water resources by filtering pollutants, providing for ground water recharge, and providing a habitat for many species of fish, shellfish, and wildlife;

(c) Streamside protection is currently provided on forestry and urban lands through the forest practices and growth management acts, whereas past and current farm and agricultural land use practices continue to destroy or severely impact natural streamside buffers, salmon habitat, water quality, and fisheries resources; and

(d) Buffers adjacent to waters of the state are essential to protect and restore the productive capacity of salmon and shellfish habitat and for the survival of fisheries resources.

NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Agricultural activities" means the production of crops or livestock, or the farming, ranching, or grazing of domestic animals.

(2) "Department" means the Washington department of ecology.

(3) "Director" means the director of the Washington department of ecology.

(4) "Farm and agricultural lands" means the same as defined in RCW 84.34.020(2).

(5) "Livestock" means the same as defined in RCW 16.50.110.

(6) "Person" means an individual, partnership, municipal corporation, county, department, state or local governmental entity, or any other organization of individuals.

(7) "Streamside buffer" means the area adjacent to aquatic systems with flowing water, that contain both aquatic and terrestrial ecosystems that mutually influence each other. For purposes of this chapter, streamside buffer widths are consistent with ecosystem standard B14A as approved in 1994 by the Washington state conservation commission, unless otherwise administratively determined by the department in consultation with the department of fish and wildlife using the best available science. Streamside buffers may not exceed more than twenty percent of the land controlled or owned by a person who is affected by this chapter.

NEW SECTION. Sec. 3. (1) It is not intended that this chapter repeal, abrogate, or impair any existing regulations, easements, covenants, or deed restrictions. However, where this chapter imposes greater restrictions, the provisions of this chapter prevail.

(2) This chapter establishes minimum requirements that must be liberally construed to serve the purposes of this chapter. However, if another provision of law conflicts with this chapter, that which provides more protection to water quality and streamside buffers applies unless specifically provided otherwise in this chapter.

(3) The department shall establish administrative rules as necessary to implement this chapter.

NEW SECTION. Sec. 4. (1) Except as provided under subsections (2) and (3) of this section, a person may not allow livestock, or conduct agricultural activities on farm and agricultural lands, in the state's surface waters or within the streamside buffers.

(2) The director may allow an exemption for the restrictions under subsection (1) of this section if the director finds that:

(a) The livestock are located at a livestock crossing or watering area that is designed, constructed, operated, and maintained to minimize, to the fullest extent practicable, water pollution or impacts to streamside buffers caused by livestock;

(b) The livestock or agricultural practices do not contribute to a violation or impairment of, or prevent the maintenance and recovery of, the applicable water quality standards and streamside buffer functions; or

(c) An approved state or federal resource management plan has attained state water quality standards and provides for the following streamside buffer functions: Recruitment of large woody debris to the stream, shade, bank integrity, root reinforcement, and runoff filtration.

(3) The restrictions in subsection (1) of this section shall not apply to the following activities:

(a) The harvesting of wild crops in a manner that is not injurious to natural reproduction of such crops and does not require tilling of soil, planting of crops, or alteration of the streamside buffer by changing existing topography, water conditions, or water resources;

(b) Forest practices governed under chapter 76.09 RCW and its rules, including the cutting of existing trees cultivated by agricultural methods in growing cycles shorter than ten years, except for those practices that convert forest land to another use;

(c) Normal maintenance, minor modifications, repair, or operation of existing serviceable structures, drainage ditches, buildings, or facilities within a buffer zone where operations do not adversely impact streamside buffer functions. However, written notice must be submitted to the department at least ten days prior to the commencement of such work and impacts must be minimized;

(d) Existing noncommercial lawn and garden care and maintenance;

(e) Maintenance and operation of existing orchards; or

(f) Any incident in which livestock gain access to the waters of the state or designated streamside buffers accidentally or by some manner not within the control of the livestock owner. However, the situation must be promptly corrected and action must be taken to minimize future incidents from occurring again.

NEW SECTION. Sec. 5. (1) An act or omission that either damages, injures, or endangers useable salmon fish habitat, water quality, or streamside buffers is a public nuisance.

(2) A person may commence a civil action against any person, including the state of Washington, alleged in violation of section 3 of this act. The action is subject to the procedural requirements and substantive limitations applicable to metals mining and milling law violations in RCW 78.56.140.

NEW SECTION. Sec. 6. (1) The department shall assist those landowners who voluntarily restore and enhance streamside functions. The department shall provide coordination for conservation districts, regional fisheries enhancement, and other local conservation groups who assist landowners with voluntary and cooperative restoration and enhancement projects.

(2) A person who voluntarily restores and enhances streamside functions is eligible to obtain funds from those sources intended to provide habitat, water quality, and resource conservation benefits. The department shall assist those landowners in seeking necessary funding.

NEW SECTION. Sec. 7. The department of ecology, in cooperation with the department of agriculture and conservation commission, shall develop recommendations for the legislature that will provide additional tax incentives and other incentives for those landowners who will actively restore and enhance streamside functions. The department of ecology shall report its recommendations to the legislature by December 31, 1997.

NEW SECTION. Sec. 8. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 9. This act takes effect July 1, 1998.

NEW SECTION. Sec. 10. Sections 1 through 6 and 8 of this act constitute a new chapter in Title 90 RCW.