H-3989.1  _______________________________________________

                          HOUSE BILL 2915

          _______________________________________________

State of Washington      57th Legislature     2002 Regular Session

By Representatives Benson, Sehlin, Mulliken, Cox, Schoesler, Holmquist, Pearson, Schindler, Mielke, McMorris and Orcutt

Read first time .  Referred to Committee on .

Excluding artificially created industrial ponds from the definition of "waters of the state."

    AN ACT Relating to artificially created industrial ponds; and amending RCW 90.48.020.

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 "person" is used in this chapter, it shall be construed to include any political subdivision, government agency, municipality, industry, public or private corporation, copartnership, association, firm, individual or any other entity whatsoever.

    Wherever the words "waters of the state" shall be used in this chapter, they shall be construed to include 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.  However, artificially created industrial ponds, including, but not limited to, waste treatment systems, including treatment ponds or lagoons designed to meet the requirements of the federal water pollution control act 33 U.S.C. Sec. 1251 et seq. are not considered to be waters of the state for purposes of this chapter.

    Whenever the word "pollution" is used in this chapter, it shall be construed to mean 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 "department" is used in this chapter it shall mean the department of ecology.

    Whenever the word "director" is used in this chapter it shall mean the director of ecology.

    Whenever the words "aquatic noxious weed" are used in this chapter, they have the meaning prescribed under RCW 17.26.020.

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