BP BHEAD INT H [atlas:bill]

AN ACT Relating to water quality monitoring; amending RCW 70.05.070 and 90.48.250; 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; 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, cities and towns, and entities issued a waste discharge permit under chapter 90.48 RCW, that may be involved in the monitoring of untreated surface water for various purposes, to notify residents adjacent to water segments when:

(1) Monitoring of those segments shows them to exceed the state's standards for microbial contamination; and

(2) Local health officers have determined that such contamination presents a public health risk.

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 standards for microbial contamination established by the state board of health or the department of ecology. Within forty-eight hours of receiving a laboratory analysis showing that a surface water sample exceeds one or both of these standards, the purveyor shall ask the local health district or local health department serving the residents within the purveyor's service area to determine whether public exposure to the contaminated water presents a public health risk. If the local health district or department determines the presence of such a risk, the purveyor shall identify the residences within five hundred feet of either side of the stream extending upstream and downstream to the next monitoring stations and within forty-eight hours shall notify the residents by mail of the exceedence of water quality standards. The mailing shall describe the standards found to be exceeded, the degree of exceedence of water quality standards, and the risk posed by ingesting or other contact with the water. The mailing shall also include a disclaimer stating that only a small percentage of all streams may be monitored, and, in the absence of water quality information, that residents should assume untreated surface water is not safe to drink.

(2) In addition to the requirements in subsection (1) of this section, the purveyor shall post durable warning signs along the surface water segment found to exceed water quality standards for microbial contamination. The segment shall be bounded by the monitoring stations located immediately upstream and downstream of where the water exceeds these standards. The signs shall be placed on posts or trees at public access points along the segment and shall identify the standard or standards exceeded and the date of posting. The signs shall remain in place until the water is found to be in compliance with standards for microbial contamination.

(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 standards for microbial contamination established by the state board of health or the department of ecology. Within forty-eight hours of receiving a laboratory analysis showing that a surface water sample exceeds one or both of these standards, the district shall ask the local health district or local health department serving the residents within the district's service area to determine whether public exposure to the contaminated water presents a public health risk. If the local health district or department determines the presence of such a risk, the district shall identify the residences within five hundred feet of either side of the stream extending upstream and downstream to the next monitoring stations and within forty-eight hours shall notify the residents by mail of the exceedence of water quality standards. The mailing shall describe the standards found to be exceeded, the degree of exceedence of water quality standards, and the risk posed by ingesting or other contact with the water. The mailing shall also include a disclaimer stating that only a small percentage of all streams may be monitored, and, in the absence of water quality information, that residents should assume untreated surface water is not safe to drink.

(2) In addition to the requirements in subsection (1) of this section, the district shall post durable warning signs along the surface water segment found to exceed water quality standards for microbial contamination. The segment shall be bounded by the monitoring stations located immediately upstream and downstream of where the water exceeds these standards. The signs shall be placed on posts or trees at public access points along the segment and shall identify the standard or standards exceeded and the date of posting. The signs shall remain in place until the water is found to be in compliance with standards for microbial contamination.

(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 standards for microbial contamination established by the state board of health or the department of ecology. Within forty-eight hours of receiving a laboratory analysis showing that a surface water sample exceeds one or both of these standards, the city or town shall ask the local health district or local health department serving the residents within the city or town to determine whether public exposure to the contaminated water presents a public health risk. If the local health district or department determines the presence of such a risk, the city or town shall identify the residences within five hundred feet of either side of the stream extending upstream and downstream to the next monitoring stations and within forty-eight hours shall notify the residents by mail of the exceedence of water quality standards. The mailing shall describe the standards found to be exceeded, the degree of exceedence of water quality standards, and the risk posed by ingesting or other contact with the water. The mailing shall also include a disclaimer stating that only a small percentage of all streams may be monitored, and, in the absence of water quality information, that residents should assume untreated surface water is not safe to drink.

(2) In addition to the requirements in subsection (1) of this section, the city or town shall post durable warning signs along the surface water segment found to exceed water quality standards for microbial contamination. The segment shall be bounded by the monitoring stations located immediately upstream and downstream of where the water exceeds these standards. The signs shall be placed on posts or trees at public access points along the segment and shall identify the standard or standards exceeded and the date of posting. The signs shall remain in place until the water is found to be in compliance with standards for microbial contamination.

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 standards for microbial contamination established by the state board of health or the department of ecology. Within twenty-four hours of receiving a laboratory analysis showing that a surface water sample exceeds one or both of these standards, the county shall ask the local health district or local health department serving the county to determine whether public exposure to the contaminated water presents a public health risk. If the local health district or department determines the presence of such a risk, the county shall identify the residences within five hundred feet of either side of the stream extending upstream and downstream to the next monitoring stations and within forty-eight hours shall notify the residents by mail of the exceedence of water quality standards. The mailing shall describe the standards found to be exceeded, the degree of exceedence of water quality standards, and the risk posed by ingesting or other contact with the water. The mailing shall also include a disclaimer stating that only a small percentage of all streams may be monitored, and, in the absence of water quality information, that residents should assume untreated surface water is not safe to drink.

(2) In addition to the requirements in subsection (1) of this section, the county shall post durable warning signs along the surface water segment found to exceed water quality standards for microbial contamination. The segment shall be bounded by the monitoring stations located immediately upstream and downstream of where the water exceeds state standards. The signs shall be placed on posts or trees at public access points along the surface water segment where the water exceeds state standards for microbial contamination and shall identify the standard or standards exceeded and the date of posting. The signs shall remain in place until the water is found to be in compliance with standards for microbial contamination.

Sec. 6. RCW 70.05.070 and 1999 c 391 s 5 are each amended to read as follows:

The local health officer, acting under the direction of the local board of health or under direction of the administrative officer appointed under RCW 70.05.040 or 70.05.035, if any, shall:

(1) Enforce the public health statutes of the state, rules of the state board of health and the secretary of health, and all local health rules, regulations and ordinances within his or her jurisdiction including imposition of penalties authorized under RCW 70.119A.030, the confidentiality provisions in RCW 70.24.105 and rules adopted to implement those provisions, and filing of actions authorized by RCW 43.70.190;

(2) Take such action as is necessary to maintain health and sanitation supervision over the territory within his or her jurisdiction;

(3) Control and prevent the spread of any dangerous, contagious or infectious diseases that may occur within his or her jurisdiction;

(4) Inform the public as to the causes, nature, and prevention of disease and disability and the preservation, promotion and improvement of health within his or her jurisdiction;

(5) Make determinations of public health risk presented by untreated surface water found to exceed standards for microbial contamination established by the state board of health or the department of ecology upon request of water purveyors, counties, cities, towns, public utility districts, or permittees under chapter 90.48 RCW;

(6) Prevent, control or abate nuisances which are detrimental to the public health;

((~~(6)~~)) (7) Attend all conferences called by the secretary of health or his or her authorized representative;

((~~(7)~~)) (8) Collect such fees as are established by the state board of health or the local board of health for the issuance or renewal of licenses or permits or such other fees as may be authorized by law or by the rules of the state board of health;

((~~(8)~~)) (9) Inspect, as necessary, expansion or modification of existing public water systems, and the construction of new public water systems, to assure that the expansion, modification, or construction conforms to system design and plans;

((~~(9)~~)) (10) Take such measures as he or she deems necessary in order to promote the public health, to participate in the establishment of health educational or training activities, and to authorize the attendance of employees of the local health department or individuals engaged in community health programs related to or part of the programs of the local health department.

Sec. 7. RCW 90.48.250 and 1987 c 109 s 141 are each amended to read as follows:

(1) The department is authorized to make agreements and enter into such contracts as are appropriate to carry out a program of monitoring the condition of the waters of the state and the effluent discharged therein, including contracts to monitor effluent discharged into public waters when such monitoring is required by the terms of a waste discharge permit or as part of the approval of a sewerage system, if adequate compensation is provided to the department as a term of the contract.

(2) In issuing or renewing waste discharge permits, the department shall require permittees to screen their monitoring results for exceedences of standards for microbial contamination established by the state board of health or the department, and to consult with local health districts or departments to determine whether such exceedences present a public health risk. If such exceedences are determined to present a public health risk, permittees shall identify the residences within five hundred feet of either side of the stream extending upstream and downstream to the next monitoring stations and within twenty-four hours shall notify the residents by mail of the exceedence of water quality standards. The mailing shall describe the standards found to be exceeded, the degree of exceedence of water quality standards, and the risk posed by ingesting or other contact with the water. The mailing shall also include a disclaimer stating that only a small percentage of all surface waters may be monitored and, in the absence of water quality information, that residents should assume untreated surface water is not safe to drink. 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 permittees.