CERTIFICATION OF ENROLLMENT

                  SUBSTITUTE SENATE BILL 5079

                        55th Legislature

                      1997 Regular Session

Passed by the Senate April 21, 1997   YEAS 38   NAYS 4 President of the Senate Passed by the House April 10, 1997   YEAS 62   NAYS 36

CERTIFICATE I, Mike O=Connell, Secretary of the Senate of the State of Washington, do hereby certify that the attached is  SUBSTITUTE SENATE BILL 5079 as passed by the Senate and the House of Representatives on the dates hereon set forth.

Speaker of the       House of Representatives

Secretary

Approved Place Style On Codes above, and Style Off Codes below.

FILED

Governor of the State of Washington

Secretary of State                   State of Washington

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                    SUBSTITUTE SENATE BILL 5079

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                      AS AMENDED BY THE HOUSE

             Passed Legislature - 1997 Regular Session

State of Washington      55th Legislature     1997 Regular Session

By Senate Committee on Agriculture & Environment (originally sponsored by Senator Swecker)

Read first time 02/05/97.

Providing an alternative means to comply with wastewater discharge permit requirements. 

    AN ACT Relating to permit processing; adding a new section to chapter 90.48 RCW; and creating a new section.

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

NEW SECTION. Sec. 1.  The purpose of this act is to encourage environmental permit program efficiency and pollution prevention through increased private sector participation in the preparation of wastewater discharge permits currently administered by the department of ecology.  The legislature recognizes that pollution prevention can often be accomplished through cooperative partnerships between government and industry and through voluntary changes in industrial production methods.  By using expertise available in the private sector, the permit preparation option provided in this act is intended to reduce the time required to issue wastewater discharge permits and better protect the water quality of the state.

NEW SECTION. Sec. 2.  A new section is added to chapter 90.48 RCW to read as follows:

    (1) Within fifteen days of receipt of an application for the issuance of a new permit or modification of an existing permit under RCW 90.48.160 or 90.48.260, the department shall determine whether it is likely that the permit will be processed within one hundred eighty days.  If the department determines that a permit will not be processed within one hundred eighty days, the applicant shall be notified.  Upon receipt of this notification, an applicant may choose to proceed with the draft permit preparation option in subsection (2) of this section.

    (2) Any person applying for the issuance of a new permit or modification of an existing permit under RCW 90.48.160 or 90.48.260 may submit an application with a draft permit and fact sheet if the department cannot process the permit within the timeline provided in subsection (1) of this section.

    (3) The department shall approve or deny the permit proposal within forty-five days of submission if no public hearing is required, or within ninety days of submission if a public hearing is required.  The department or the applicant may negotiate a permit proposal if both parties agree to a timeline.  The department retains full authority under this chapter to approve, modify, or disapprove any draft permit or fact sheet submitted under this section.

    (4) The department shall make available guidelines specifying the elements of a complete draft permit and fact sheet.

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