BP BHEAD INT H [atlas:bill]

AN ACT Relating to water quality monitoring; adding a new section to chapter 70.119A RCW; adding a new section to chapter 54.16 RCW; adding a new section to chapter 35.88 RCW; adding a new section to chapter 36.94 RCW; adding a new section to chapter 70.05 RCW; and creating a new section.

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

NEW SECTION. Sec. 1. In accordance with this act, it is the intent of the legislature to require water purveyors, public utility districts, counties, and cities and towns that monitor surface waters to provide notification to area residents through postings of water bodies when monitoring of water quality shows these water bodies to exceed the state's criteria for primary contact recreation.

NEW SECTION. Sec. 2. A new section is added to chapter 70.119A RCW to read as follows:

(1) Whenever a purveyor monitors the quality of the untreated surface waters within its service area boundaries, the purveyor shall determine whether the water exceeds the criteria established by the department of ecology for primary contact recreation as defined in WAC 173-201A-020 as it exists on the effective date of this act. If the water exceeds these criteria, the purveyor shall notify the local health jurisdiction.

(2) The purveyor, in cooperation with the local health jurisdiction, shall develop and provide a notice for customers of the water system pertaining to the water quality of source waters used by the purveyor. Such notice shall contain a brief summary of the representative water quality in the water sources used by the purveyor and shall also describe any exceedances of criteria established by the department of ecology for primary contact recreation as defined in WAC 173-201A-020 discovered in the course of routine water quality monitoring. Such notices shall be provided in mailings to customers on a semiannual basis. In addition to this information, the purveyor shall provide and keep current, to the extent practicable, water quality information through internet web sites, public service announcements, or other news media releases.

(3) This section applies only to water samples taken in the months of April through September, inclusive. Nothing in this section may be construed to impose new or additional liability on purveyors.

NEW SECTION. Sec. 3. A new section is added to chapter 54.16 RCW to read as follows:

(1) Whenever a public utility district monitors the quality of the untreated surface waters within its service area boundaries, the district shall determine whether the water exceeds the criteria established by the department of ecology for primary contact recreation as defined in WAC 173-201A-020 as it exists on the effective date of this act. If the water exceeds these criteria, the public utility district shall notify the local health jurisdiction.

(2) The district, in cooperation with the local health jurisdiction, shall develop and provide a notice for customers of the district pertaining to the water quality of source waters used by the district. Such notice shall contain a brief summary of the representative water quality in the water sources used by the district and shall also describe any exceedances of criteria established by the department of ecology for primary contact recreation as defined in WAC 173-201A-020 discovered in the course of routine water quality monitoring. Such notices shall be provided in mailings to customers on a semiannual basis. In addition to this information, the district shall provide and keep current, to the extent practicable, water quality information through internet web sites, public service announcements, or other news media releases.

(3) This section applies only to water samples taken in the months of April through September, inclusive. Nothing in this section may be construed to impose new or additional liability on public utility districts.

NEW SECTION. Sec. 4. A new section is added to chapter 35.88 RCW to read as follows:

(1) Whenever a city or town monitors the quality of the untreated surface waters within its boundaries, the city or town shall determine whether the water exceeds the criteria established by the department of ecology for primary contact recreation as defined in WAC 173-201A-020 as it exists on the effective date of this act. If the water exceeds these criteria, the city or town shall notify the local health jurisdiction.

(2) The city or town, in cooperation with the local health jurisdiction, shall develop and provide a notice for customers of the city or town pertaining to the water quality of source waters used by the city or town. Such notice shall contain a brief summary of the representative water quality in the water sources used by the city or town and shall also describe any exceedances of criteria established by the department of ecology for primary contact recreation as defined in WAC 173-201A-020 discovered in the course of routine water quality monitoring. Such notices shall be provided in mailings to water utility customers on a semiannual basis. In addition to this information, the city or town shall provide and keep current, to the extent practicable, water quality information through internet web sites, public service announcements, or other news media releases.

NEW SECTION. Sec. 5. A new section is added to chapter 36.94 RCW to read as follows:

(1) Whenever a county monitors the quality of the untreated surface waters within its boundaries, the county shall determine whether the water exceeds the criteria established by the department of ecology for primary contact recreation as defined in WAC 173-201A-020 as it exists on the effective date of this act. If the water exceeds these criteria, the county shall notify the local health jurisdiction.

(2) The county, in cooperation with the local health jurisdiction, shall develop and provide a notice for customers of the county pertaining to the water quality of source waters used by the county. Such notice shall contain a brief summary of the representative water quality in the water sources used by the county and shall also describe any exceedances of criteria established by the department of ecology for primary contact recreation as defined in WAC 173-201A-020 discovered in the course of routine water quality monitoring. Such notices shall be provided in mailings to water utility customers on a semiannual basis. In addition to this information, the county shall provide and keep current, to the extent practicable, water quality information through internet web sites, public service announcements, or other news media releases.

NEW SECTION. Sec. 6. A new section is added to chapter 70.05 RCW to read as follows:

After a local health district has been advised of exceedances of water quality criteria for primary contact recreation by a water purveyor, public utility district, city or town, or county, the district shall ensure that publicly accessible points of entry to the water body that fail to meet the criteria are posted with durable signs along the water body warning the public of water contamination and advising the public not to enter or ingest the water. Information content for the signs shall be developed by local health districts, in conjunction with cities and towns, counties, water purveyors, and public utility districts. Health districts shall use the methods developed by the department of health under WAC 246-280-080 to advise the public in the vicinity of the contaminated water not to enter or ingest the water. Warning signs shall remain in place until the causes of the contamination have been addressed and the water bodies are in attainment with water quality criteria for primary contact recreation for a period of at least two years.