S-3786.1  _______________________________________________

                         SENATE BILL 6313

          _______________________________________________

State of Washington      56th Legislature     2000 Regular Session

By Senators Rasmussen, Morton, Stevens and Swecker

Read first time 01/13/2000.  Referred to Committee on Agriculture & Rural Economic Development.

Modifying the duties of the department of ecology with respect to dairy nutrient management.

    AN ACT Relating to dairy nutrient management; and amending RCW 90.64.050.

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

    Sec. 1.  RCW 90.64.050 and 1998 c 262 s 12 are each amended to read as follows:

    (1) The department has the following duties:

    (a) Identify existing or substantial potential water quality problems resulting from dairy farms through implementation of the inspection program in RCW 90.64.023;

    (b) Inspect a dairy farm upon the request of a dairy producer;

    (c) Receive, process, and verify complaints concerning discharge of pollutants from all dairy farms;

    (d) Determine if a dairy-related water quality problem requires immediate corrective action under the Washington state water pollution control laws, chapter 90.48 RCW, or the Washington state water quality standards adopted under chapter 90.48 RCW.  The department shall maintain the lead enforcement responsibility;

    (e) Administer and enforce national pollutant discharge elimination system permits for operators of concentrated dairy animal feeding operations, where required by federal regulations and state laws or upon request of a dairy producer;

    (f) ((Participate on the advisory and oversight committee;

    (g))) Encourage communication and cooperation between local department personnel and the appropriate conservation district personnel;

    (((h))) (g) Require the use of dairy nutrient management plans as required under this chapter for entities required to plan under this chapter; and

    (((i))) (h) Provide to the commission ((and the advisory and oversight committee)) an annual report of dairy farm inspection and enforcement activities.

    (2) The department may not delegate its responsibilities in enforcement.

                            --- END ---