AN
ACT Relating to agricultural industrial process water; amending RCW 90.46.005,
90.46.010, 90.46.130, 90.14.140, 90.03.252, and 90.44.062; and adding a new
section to chapter 90.46 RCW.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
90.46.005 and 1997 c 355 s 1 are each amended to read as follows:
The
legislature finds that by encouraging the use of reclaimed water while assuring
the health and safety of all Washington citizens and the protection of its
environment, the state of Washington will continue to use water in the best
interests of present and future generations.
To
facilitate the use of reclaimed water as soon as is practicable, the
legislature encourages the cooperative efforts of the public and private
sectors and the use of pilot projects to effectuate the goals of this chapter.
The legislature further directs the department of health and the department of
ecology to coordinate efforts towards developing an efficient and streamlined process
for creating and implementing processes for the use of reclaimed water.
It
is hereby declared that the people of the state of Washington have a primary
interest in the development of facilities to provide reclaimed water to replace
potable water in nonpotable applications, to supplement existing surface and
ground water supplies, and to assist in meeting the future water requirements
of the state.
The
legislature further finds and declares that the utilization of reclaimed water
by local communities for domestic, agricultural, industrial, recreational, and
fish and wildlife habitat creation and enhancement purposes, including wetland
enhancement, will contribute to the peace, health, safety, and welfare of the
people of the state of Washington. To the extent reclaimed water is
appropriate for beneficial uses, it should be so used to preserve potable water
for drinking purposes. Use of reclaimed water constitutes the development of
new basic water supplies needed for future generations.
The
legislature further finds and declares that the use of reclaimed water is not
inconsistent with the policy of antidegradation of state waters announced in
other state statutes, including the water pollution control act, chapter 90.48
RCW and the water resources act, chapter 90.54 RCW.
The
legislature finds that other states, including California, Florida, and
Arizona, have successfully used reclaimed water to supplement existing water
supplies without threatening existing resources or public health.
It
is the intent of the legislature that the department of ecology and the
department of health undertake the necessary steps to encourage the development
of water reclamation facilities so that reclaimed water may be made available
to help meet the growing water requirements of the state.
The
legislature further finds and declares that reclaimed water facilities are
water pollution control facilities as defined in chapter 70.146 RCW and are
eligible for financial assistance as provided in chapter 70.146 RCW. The legislature
finds that funding demonstration projects will ensure the future use of
reclaimed water. The demonstration projects in RCW 90.46.110 are varied in
nature and will provide the experience necessary to test different facets of
the standards and refine a variety of technologies so that water purveyors can
begin to use reclaimed water technology in a more cost-effective manner. This
is especially critical in smaller cities and communities where the feasibility
for such projects is great, but there are scarce resources to develop the
necessary facilities.
The
legislature further finds that the agricultural processing industry can play a
critical and beneficial role in promoting the efficient use of water by having
the opportunity to develop and reuse agricultural industrial process water from
food processing.
Sec.
2. RCW
90.46.010 and 1997 c 444 s 5 are each amended to read as follows:
((Unless
the context clearly requires otherwise,)) The definitions in this
section apply throughout this chapter unless the context clearly requires
otherwise.
(1)
"Greywater" means wastewater having the consistency and strength of
residential domestic type wastewater. Greywater includes wastewater from
sinks, showers, and laundry fixtures, but does not include toilet or urinal
waters.
(2)
"Land application" means application of treated effluent for purposes
of irrigation or landscape enhancement for residential, business, and
governmental purposes.
(3)
"Person" means any state, individual, public or private corporation,
political subdivision, governmental subdivision, governmental agency,
municipality, copartnership, association, firm, trust estate, or any other
legal entity whatever.
(4)
"Reclaimed water" means effluent derived in any part from sewage from
a wastewater treatment system that has been adequately and reliably treated, so
that as a result of that treatment, it is suitable for a beneficial use or a
controlled use that would not otherwise occur and is no longer considered
wastewater.
(5)
"Sewage" means water-carried human wastes from residences, buildings,
industrial and commercial establishments, or other places, together with such
ground water infiltration, surface waters, or industrial wastewater as may be
present.
(6)
"User" means any person who uses reclaimed water.
(7)
"Wastewater" means water and wastes discharged from homes,
businesses, and industry to the sewer system.
(8)
"Beneficial use" means the use of reclaimed water, that has been
transported from the point of production to the point of use without an
intervening discharge to the waters of the state, for a beneficial purpose.
(9)
"Direct recharge" means the controlled subsurface addition of water
directly to the ground water basin that results in the replenishment of ground
water.
(10)
"Ground water recharge criteria" means the contaminant criteria found
in the drinking water quality standards adopted by the state board of health
pursuant to chapter 43.20 RCW and the department of health pursuant to chapter
70.119A RCW.
(11)
"Planned ground water recharge project" means any reclaimed water
project designed for the purpose of recharging ground water, via direct
recharge or surface percolation.
(12)
"Reclamation criteria" means the criteria set forth in the water
reclamation and reuse interim standards and subsequent revisions adopted by the
department of ecology and the department of health.
(13)
"Streamflow augmentation" means the discharge of reclaimed water to
rivers and streams of the state or other surface water bodies, but not
wetlands.
(14)
"Surface percolation" means the controlled application of water to
the ground surface for the purpose of replenishing ground water.
(15)
"Wetland or wetlands" means areas that are inundated or saturated by
surface water or ground water at a frequency and duration sufficient to
support, and that under normal circumstances do support, a prevalence of
vegetation typically adapted to life in saturated soil conditions. Wetlands
generally include swamps, marshes, bogs, and similar areas. Wetlands regulated
under this chapter shall be delineated in accordance with the manual adopted by
the department of ecology pursuant to RCW 90.58.380.
(16)
"Constructed beneficial use wetlands" means those wetlands
intentionally constructed on nonwetland sites to produce or replace natural
wetland functions and values. Constructed beneficial use wetlands are
considered "waters of the state."
(17)
"Constructed treatment wetlands" means those wetlands intentionally
constructed on nonwetland sites and managed for the primary purpose of
wastewater or storm water treatment. Constructed treatment wetlands are
considered part of the collection and treatment system and are not considered "waters
of the state."
(18)
"Agricultural industrial process water" means water that has been
used for the purpose of agriculture processing and has been adequately and
reliably treated, so that as a result of that treatment, it is suitable for
other agricultural water use.
(19)
"Agricultural processing" means the processing of crops or milk to
produce a product primarily for wholesale or retail sale for human or animal
consumption, including but not limited to potato, fruit, vegetable, and grain
processing.
(20)
"Agricultural water use" means the use of water for irrigation and
other uses related to the production of agricultural products. These uses
include, but are not limited to, construction, operation, and maintenance of
agricultural facilities and livestock operations at farms, ranches, dairies,
and nurseries. Examples of these uses include, but are not limited to, dust
control, temperature control, and fire control.
NEW
SECTION. Sec. 3. A
new section is added to chapter 90.46 RCW to read as follows:
The
permit to apply agricultural industrial process water to agricultural water use
shall be the permit issued under chapter 90.48 RCW to the owner of the
agricultural processing plant who may then distribute the water through methods
including, but not limited to, irrigation systems, subject to provisions in the
permit governing the location, rate, water quality, and purpose. In cases
where the department of ecology determines that a significant risk to public
health exists, in land application of the water, the department must refer the
application to the department of health for review and consultation.
The
owner of the agricultural processing plant who obtains a permit under this
section has the exclusive right to the use of any agricultural industrial
process water generated from the plant and to the distribution of such water
through facilities including irrigation systems. Use and distribution of the
water by the owner is exempt from the permit requirements of RCW 90.03.250,
90.03.380, 90.44.060, and 90.44.100.
Nothing
in this act shall be construed to affect any right to reuse agricultural
industrial discharge water in existence on or before the effective date of this
section.
Sec.
4. RCW
90.46.130 and 1997 c 444 s 4 are each amended to read as follows:
(1)
Except as provided in subsection (2) of this section, facilities that
reclaim water under this chapter shall not impair any existing water right downstream
from any freshwater discharge points of such facilities unless compensation or
mitigation for such impairment is agreed to by the holder of the affected water
right.
(2)
Agricultural water use of agricultural industrial process water under this
chapter shall not impair existing water rights within the water source that is
the source of supply for the agricultural processing plant and, if the water
source is surface water, the existing water rights are downstream from the
agricultural processing plant's discharge points existing on the effective date
of this act.
Sec.
5. RCW
90.14.140 and 1998 c 258 s 1 are each amended to read as follows:
(1)
For the purposes of RCW 90.14.130 through 90.14.180, "sufficient
cause" shall be defined as the nonuse of all or a portion of the water by
the owner of a water right for a period of five or more consecutive years where
such nonuse occurs as a result of:
(a)
Drought, or other unavailability of water;
(b)
Active service in the armed forces of the United States during military crisis;
(c)
Nonvoluntary service in the armed forces of the United States;
(d)
The operation of legal proceedings;
(e)
Federal or state agency leases of or options to purchase lands or water rights
which preclude or reduce the use of the right by the owner of the water right;
(f)
Federal laws imposing land or water use restrictions either directly or through
the voluntary enrollment of a landowner in a federal program implementing those
laws, or acreage limitations, or production quotas.
(2)
Notwithstanding any other provisions of RCW 90.14.130 through 90.14.180, there
shall be no relinquishment of any water right:
(a)
If such right is claimed for power development purposes under chapter 90.16 RCW
and annual license fees are paid in accordance with chapter 90.16 RCW;
(b)
If such right is used for a standby or reserve water supply to be used in time
of drought or other low flow period so long as withdrawal or diversion
facilities are maintained in good operating condition for the use of such
reserve or standby water supply;
(c)
If such right is claimed for a determined future development to take place
either within fifteen years of July 1, 1967, or the most recent beneficial use
of the water right, whichever date is later;
(d)
If such right is claimed for municipal water supply purposes under chapter
90.03 RCW;
(e)
If such waters are not subject to appropriation under the applicable provisions
of RCW 90.40.030; ((or))
(f)
If such right or portion of the right is leased to another person for use on
land other than the land to which the right is appurtenant as long as the
lessee makes beneficial use of the right in accordance with this chapter and a
transfer or change of the right has been approved by the department in
accordance with RCW 90.03.380, 90.03.383, 90.03.390, or 90.44.100; or
(g) If such a right or portion of the right is authorized for a
purpose that is satisfied by the use of agricultural industrial process water
as authorized under section 3 of this act.
Sec.
6. RCW
90.03.252 and 1997 c 444 s 2 are each amended to read as follows:
The permit requirements of RCW 90.03.250 do not apply to the use of
reclaimed water by the owner of a wastewater treatment facility under the
provisions of RCW 90.46.120 and do not apply to the use of agricultural
industrial process water as provided under section 3 of this act.
Sec.
7. RCW
90.44.062 and 1997 c 444 s 3 are each amended to read as follows:
The
permit requirements of RCW 90.44.060 do not apply to the use of reclaimed water
by the owner of a wastewater treatment facility under the provisions of RCW
90.46.120 and do not apply to the use of agricultural industrial process
water as provided under section 3 of this act.
