S-0046.1          _______________________________________________

 

                                 SENATE BILL 5087

                  _______________________________________________

 

State of Washington              56th Legislature             1999 Regular Session

 

By Senator Swecker

 

Read first time 01/12/1999.  Referred to Committee on Environmental Quality & Water Resources.

Requiring the department of ecology to consider certain elements in preparing total maximum daily loads for impaired water bodies.


     AN ACT Relating to compliance with the federal clean water act; amending RCW 90.48.260; and creating a new section.

 

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

 

     NEW SECTION.  Sec. 1.  The legislature finds that community-based involvement and cooperation with local governments lead to cost-effective solutions to reduce water pollution and achieve water quality standards.  In addition, local support for programs to reduce water pollution and achieve water quality standards increases the chance of success of these programs.

     Therefore, it is the purpose of this act to require the department of ecology to involve local governments and citizens in preparing the total maximum daily load it submits to the federal government for each body of water that fails to meet the water quality standards under the federal clean water act.

 

     Sec. 2.  RCW 90.48.260 and 1988 c 220 s 1 are each amended to read as follows:

     (1) The department of ecology is hereby designated as the State Water Pollution Control Agency for all purposes of the federal clean water act as it exists on February 4, 1987, and is hereby authorized to participate fully in the programs of the act as well as to take all action necessary to secure to the state the benefits and to meet the requirements of that act.  With regard to the national estuary program established by section 320 of that act, the department shall exercise its responsibility jointly with the Puget Sound ((water quality authority)) action team.  The powers granted herein include, among others, and notwithstanding any other provisions of chapter 90.48 RCW or otherwise, the following:

     (((1))) (a) Complete authority to establish and administer a comprehensive state point source waste discharge or pollution discharge elimination permit program which will enable the department to qualify for full participation in any national waste discharge or pollution discharge elimination permit system and will allow the department to be the sole agency issuing permits required by such national system operating in the state of Washington subject to the provisions of RCW 90.48.262(2).  Program elements authorized herein may include, but are not limited to:  (((a))) (i) Effluent treatment and limitation requirements together with timing requirements related thereto; (((b))) (ii) applicable receiving water quality standards requirements; (((c))) (iii) requirements of standards of performance for new sources; (((d))) (iv) pretreatment requirements; (((e))) (v) termination and modification of permits for cause; (((f))) (vi) requirements for public notices and opportunities for public hearings; (((g))) (vii) appropriate relationships with the secretary of the army in the administration of his responsibilities which relate to anchorage and navigation, with the administrator of the environmental protection agency in the performance of his duties, and with other governmental officials under the federal clean water act; (((h))) (viii) requirements for inspection, monitoring, entry, and reporting; (((i))) (ix) enforcement of the program through penalties, emergency powers, and criminal sanctions; (((j))) (x) a continuing planning process; and (((k))) (xi) user charges.

     (((2))) (b) The power to establish and administer state programs in a manner which will insure the procurement of moneys, whether in the form of grants, loans, or otherwise; to assist in the construction, operation, and maintenance of various water pollution control facilities and works; and the administering of various state water pollution control management, regulatory, and enforcement programs.

     (((3))) (c) The power to develop and implement appropriate programs pertaining to continuing planning processes, area-wide waste treatment management plans, and basin planning.

     (2) In addition to the elements in subsection (1)(a) of this section, the department must, in preparing the total maximum daily load for each water body that fails to meet the standards under the federal clean water act in 33 U.S.C. Sec. 1313:

     (a) Consider alternatives such as flow augmentation and instream mechanical aerators; and

     (b) Collaborate with local governments and wastewater treatment plant operators to arrive at appropriate treatment methods to bring the impaired water body into compliance with the water quality standard.

     (3) The governor shall have authority to perform those actions required of him or her by the federal clean water act.

 


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