[atlas:bill]

AN ACT Relating to compliance with water discharge permits; amending RCW 90.48.160, 90.48.180, and 90.48.260; and creating a new section.

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

NEW SECTION. Sec. 1. It is the intent of the legislature, through the provisions of this act, to clarify existing law. Namely, the intent of the legislature is to clarify that water discharge permits issued by the department of ecology contain a permit shield consistent with the federal water pollution control act.

Sec. 2. RCW 90.48.160 and 1989 c 293 s 2 are each amended to read as follows:

Any person who conducts a commercial or industrial operation of any type which results in the disposal of solid or liquid waste material into the waters of the state, including commercial or industrial operators discharging solid or liquid waste material into sewerage systems operated by municipalities or public entities which discharge into public waters of the state, shall procure a permit from either the department or the ((~~thermal power plant~~)) energy facility site evaluation council as provided in RCW 90.48.262(2) before disposing of such waste material: PROVIDED, That this section shall not apply to any person discharging domestic sewage only into a sewerage system.

Compliance with a permit issued under this section is deemed compliance with this chapter. The department must incorporate this permit shield into any individual, general, or group permits and permitting programs developed by the department under this section. The department may reopen and modify a discharge permit where the permitted activity causes exceedances of water quality standards, after allowing for appropriate dilution. However, discharge permits may not contain conditions or limitations creating liability for exceedances of water quality standards caused by discharges otherwise in compliance with all conditions of the permit.

The department may, through the adoption of rules, eliminate the permit requirements for disposing of wastes into publicly operated sewerage systems for:

(1) Categories of or individual municipalities or public corporations operating sewerage systems; or

(2) Any category of waste disposer;

if the department determines such permit requirements are no longer necessary for the effective implementation of this chapter. The department may by rule eliminate the permit requirements for disposing of wastes by upland finfish rearing facilities unless a permit is required under the federal clean water act's national pollutant discharge elimination system.

Sec. 3. RCW 90.48.180 and 1987 c 109 s 137 are each amended to read as follows:

The department shall issue a permit unless it finds that the disposal of waste material as proposed in the application will pollute the waters of the state in violation of the public policy declared in RCW 90.48.010. The department shall have authority to specify conditions necessary to avoid such pollution in each permit under which waste material may be disposed of by the permittee. Permits may be temporary or permanent but shall not be valid for more than five years from date of issuance.

Compliance with a permit issued under this section is deemed compliance with this chapter and is deemed compliance with the federal clean water act, except as specifically limited by 33 U.S.C. Sec. 1342(k). The department must incorporate this permit shield into any individual, general, or group permits or permitting programs developed by the department under this section. The department may reopen and modify a discharge permit where the permitted activity causes exceedances of water quality standards, after allowing for appropriate dilution. However, discharge permits may not contain conditions or limitations creating liability for exceedances of water quality standards caused by discharges otherwise in compliance with all conditions of the permit.

Sec. 4. 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~~)) the secretary's 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~~)) ensure 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, areawide waste treatment management plans, and basin planning.

Compliance with a permit issued under this section is deemed compliance with this chapter and is deemed compliance with the federal clean water act, except as specifically limited by 33 U.S.C. Sec. 1342(k). The department must incorporate this permit shield into any individual, general, or group permit or permitting programs developed by the department under this section. The department may reopen and modify a discharge permit where the permitted activity causes exceedances of water quality standards, after allowing for appropriate dilution. However, discharge permits may not contain conditions or limitations creating liability for exceedances of water quality standards caused by discharges otherwise in compliance with all conditions of the permit.

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