S-1451

AN ACT Relating to water pollution control; amending RCW 90.48.260; 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 federal clean water act requires the development of a total maximum daily load for those waters of the state that are impaired with pollutants and are listed subject to section 303(d) of the clean water act. In 1998, the federal environmental protection agency settled a lawsuit challenging the failure to develop total maximum daily loads under section 303(d) of the clean water act. The resulting consent decree established a fifteen-year timeline for the state of Washington to complete development of total maximum daily loads. It is the intent of the legislature to meet the water quality standards within the established timeline or more quickly if possible by meeting established standards.

In addition to developing total maximum daily loads, the legislature supports efforts of the state to attain water quality standards using other water pollution control programs that will result in meeting water quality standards sooner than the fifteen-year schedule under the consent decree.

There are many benefits to the state of the department of ecology's ability to achieve water quality standards and make progress on the schedule described in the settlement agreement. The benefits include improved water quality; greater certainty for regulated industry and businesses; the ability to address needs under the federal endangered species act, 16 U.S.C. Secs. 1531 through 1534; and the confidence the state's citizens have gained that the state is making progress in attaining fishable, swimmable, drinkable waters.

It is the intent of the legislature that the state maintain high water quality standards and that the list of impaired and polluted waters in the state not grow in number. The legislature intends that the waters on the 303(d) list be cleaned up and that clean waters not be allowed to become impaired or polluted. Waters not currently on the list should not be allowed to degrade to the point that they must be added to the list.

It is further the intent that the actions of the state, local government, and the private sector should not cause further deterioration of water quality.

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

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) 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) Effluent treatment and limitation requirements together with timing requirements related thereto; (b) applicable receiving water quality standards requirements; (c) requirements of standards of performance for new sources; (d) pretreatment requirements; (e) termination and modification of permits for cause; (f) requirements for public notices and opportunities for public hearings; (g) 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) requirements for inspection, monitoring, entry, and reporting; (i) enforcement of the program through penalties, emergency powers, and criminal sanctions; (j) a continuing planning process; and (k) user charges.

(2) 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) The power to develop and implement appropriate programs pertaining to continuing planning processes, area-wide waste treatment management plans, and basin planning, and complete authority to implement the consent decree in Northwest Environmental Advocates, et al. v. Environmental Protection Agency entered in the United States district court for the western district of Washington on January 20, 1998.

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

NEW SECTION. Sec. 3. A new section is added to chapter 90.48 RCW to read as follows:

(1) The department shall develop and implement a plan for soliciting public comment on the development and implementation of total maximum daily loads required by section 303(d) of the federal clean water act, 33 U.S.C. Sec. 1313(d). The purpose of the plan is to solicit public comment that: (a) Is consistent with the complexity of the pollution problems causing the water quality impairment; and (b) reflects the extent of community and public participation the department deems necessary to implement the total maximum daily load successfully. The plan shall consider the formation or use of watershed committees, public meetings, and other avenues to obtain public input.

(2) The department shall publish in the Washington State Register, the list required by section 303(d) of the clean water act, 33 U.S.C. Sec. 1313(d)(1). The department shall also publish in the Washington State Register a notice and summary of any total maximum daily load established for such waters as required by section 303(d) of the clean water act, 33 U.S.C. Sec. 1313(d)(1). Such lists and total maximum daily loads need not be adopted as rules under the state administrative procedure act, chapter 34.05 RCW.