AN
ACT Relating to reclaimed water; amending RCW 90.46.010, 90.46.080, and
90.46.090; adding new sections to chapter 90.46 RCW; adding a new section to
chapter 90.03 RCW; adding a new section to chapter 90.44 RCW; 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. A
new section is added to chapter 90.46 RCW to read as follows:
The
owner of a wastewater treatment facility that is reclaiming water with a permit
issued under this chapter has the exclusive right to any reclaimed water
generated by the wastewater treatment facility. Use and distribution of the
reclaimed water by the owner of the wastewater treatment facility is exempt
from the permit requirements of RCW 90.03.250 and 90.44.060. Revenues derived
from the reclaimed water facility shall be used only to offset the cost of
operation of the wastewater utility fund or other applicable source of
system-wide funding.
If
the proposed use or uses of reclaimed water are intended to augment or replace
potable water supplies or create the potential for the development of
additional potable water supplies, such use or uses shall be considered in the
development of the regional water supply plan or plans addressing potable water
supply service by multiple water purveyors. The owner of a wastewater
treatment facility that proposes to reclaim water shall be included as a
participant in the development of such regional water supply plan or plans.
NEW
SECTION. Sec. 2. A
new section is added to chapter 90.03 RCW to read as follows:
The
permit requirements of RCW 90.03.250 do not apply to the use of reclaimed water
by the owner of a wastewater treatment facility under the provisions of section
1 of this act.
NEW
SECTION. Sec. 3. A
new section is added to chapter 90.44 RCW to read as follows:
The
permit requirements of RCW 90.44.060 do not apply to the use of reclaimed water
by the owner of a wastewater treatment facility under the provisions of section
1 of this act.
NEW
SECTION. Sec. 4. A
new section is added to chapter 90.46 RCW to read as follows:
Facilities
that reclaim water under this chapter shall not impair any existing water right
downstream from any freshwater discharge points of such facilities unless
compensation or mitigation for such impairment is agreed to by the holder of
the affected water right.
Sec.
5. RCW
90.46.010 and 1995 c 342 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 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)) percolation.
(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)) percolation" 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. Wetlands regulated under
this chapter shall be delineated in accordance with the manual adopted by the
department of ecology pursuant to RCW 90.58.380.
(16)
(("Created wetlands" means a wetland intentionally created from a
nonwetland site to produce or replace natural habitat.)) "Constructed
beneficial use wetlands" means those wetlands intentionally constructed on
nonwetland sites to produce or replace natural wetland functions and values.
Constructed beneficial use wetlands are considered "waters of the state."
(17)
"Constructed treatment wetlands" means those wetlands intentionally
constructed on nonwetland sites and managed for the primary purpose of
wastewater or storm water treatment. Constructed treatment wetlands are
considered part of the collection and treatment system and are not considered
"waters of the state."
Sec.
6. RCW
90.46.080 and 1995 c 342 s 3 are each amended to read as follows:
(1)
Reclaimed water may be beneficially used for surface ((spreading)) percolation
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.
(3)
Reclaimed water that does not meet the ground water recharge criteria may be
beneficially used for surface percolation where the department of ecology, in
consultation with the department of health, has specifically authorized such
use at such lower standard.
Sec.
7. RCW
90.46.090 and 1995 c 342 s 4 are each amended to read as follows:
(1)
Reclaimed water may be beneficially used for discharge into ((created)) constructed
beneficial use wetlands and constructed treatment wetlands provided the
reclaimed water meets the class A or B reclaimed water standards
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 or B reclaimed water
standards may be beneficially used for discharge into ((created))
constructed treatment wetlands where the department of ecology, in
consultation with the department of health, has specifically authorized
such use at such lower standards ((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)).
(3)
The department of ecology and the department of health must develop appropriate
standards for discharging reclaimed water into constructed beneficial use
wetlands and constructed treatment wetlands. These standards must be
considered as part of the approval process under subsections (1) and (2) of
this section.
NEW
SECTION. Sec. 8. A
new section is added to chapter 90.46 RCW to read as follows:
(1)
The department of health shall develop standards, procedures, and guidelines
for the reuse of greywater, consistent with RCW 43.20.230(2), by January 1,
1998.
(2)
Standards, procedures, and guidelines developed by the department of health for
reuse of greywater shall encourage the application of this technology for
conserving water resources, or reducing the wastewater load, on domestic
wastewater facilities, individual on-site sewage treatment and disposal
systems, or community on-site sewage treatment and disposal systems.
(3)
The department of health and local health officers may permit the reuse of
greywater according to rules adopted by the department of health.
NEW
SECTION. Sec. 9. A
new section is added to chapter 90.48 RCW to read as follows:
The
evaluation of any plans submitted under RCW 90.48.110 must include
consideration of opportunities for the use of reclaimed water as defined in RCW
90.46.010.
NEW
SECTION. Sec. 10. The
department of ecology and the department of health shall report on the progress
of the implementation of chapter 342, Laws of 1995, as amended by chapter
. . ., Laws of 1997 (this act) to the members of the agriculture and
ecology committee of the house of representatives and the members of the
agriculture and environment committee of the senate by December 15, 1997.
NEW SECTION. Sec. 11. 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.
