S-3450.2  _______________________________________________

                         SENATE BILL 6314

          _______________________________________________

State of Washington      56th Legislature     2000 Regular Session

By Senators Rasmussen, Morton and Swecker

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

Crediting penalties and fees to the dairy waste management account.

    AN ACT Relating to dairy waste management; and amending RCW 90.48.020, 90.48.390, and 90.64.150.

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

    Sec. 1.  RCW 90.48.020 and 1995 c 255 s 7 are each amended to read as follows:

    ((Whenever the word)) The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Person" ((is used in this chapter, it shall be construed to)) includes any political subdivision, government agency, municipality, industry, public or private corporation, copartnership, association, firm, individuals or any other entity whatsoever.

    ((Wherever the words)) (2) "Waters of the state" ((shall be used in this chapter, they shall be construed to)) includes lakes, rivers, ponds, streams, inland waters, underground waters, salt waters, and all other surface waters and watercourses within the jurisdiction of the state of Washington.

    ((Whenever the word)) (3) "Pollution" ((is used in this chapter, it shall be construed to)) means such contamination, or other alteration of the physical, chemical, or biological properties, of any waters of the state, including change in temperature, taste, color, turbidity, or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive, or other substance into any waters of the state as will or is likely to create a nuisance or render such waters harmful, detrimental, or injurious to the public health, safety, or welfare, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life.

    ((Wherever the word)) (4) "Department" ((is used in this chapter it shall)) means the department of ecology.

    ((Whenever the word)) (5) "Director" ((is used in this chapter it shall)) means the director of ecology.

    ((Whenever the words)) (6) "Aquatic noxious weed" ((are used in this chapter, they have)) has the same meaning as prescribed under RCW 17.26.020.

(7) "Dairy farm" means any farm licensed to produce milk under chapter 15.36 RCW.

    Sec. 2.  RCW 90.48.390 and 1991 sp.s. c 13 s 84 are each amended to read as follows:

    The coastal protection fund is established to be used by the department as a revolving fund for carrying out the purposes of restoration of natural resources under this chapter and chapter 90.56 RCW.  To this fund there shall be credited penalties, fees, damages, charges received pursuant to the provisions of this chapter and chapter 90.56 RCW, compensation for damages received under this chapter and chapter 90.56 RCW, and an amount equivalent to one cent per gallon from each marine use refund claim under RCW 82.36.330.  However, notwithstanding any other provision of law, dairy farm-related penalties received under the provisions of this chapter shall be credited to the dairy waste management account as provided in RCW 90.64.150.

    Moneys in the fund not needed currently to meet the obligations of the department in the exercise of its powers, duties, and functions under RCW 90.48.142, 90.48.366, 90.48.367, and 90.48.368 shall be deposited with the state treasurer to the credit of the fund.

    Sec. 3.  RCW 90.64.150 and 1998 c 262 s 15 are each amended to read as follows:

    The dairy waste management account is created in the custody of the state treasurer.  All receipts from monetary penalties levied pursuant to violations of this chapter and from dairy farm-related violations of chapter 90.48 RCW must be deposited into the account.  Expenditures from the account may be used only for the commission to provide grants to local conservation districts for the sole purpose of assisting dairy producers to develop and fully implement dairy nutrient management plans.  Only the ((chairman)) chair of the commission or the ((chairman's)) chair's designee may authorize expenditures from the account.  The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.

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