1689-S.E AMS NR AMS2792.4

ESHB 1689 - S COMM AMD

By Committee on Natural Resources, Energy & Water

ADOPTED AS AMENDED 04/16/2003

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature intends to provide direction to the department of ecology and to municipalities regarding the development and implementation in Washington of phase two of the national pollutant discharge elimination system permit program required by the federal clean water act (33 U.S.C. Sec. 1251 et seq.).

NEW SECTION. Sec. 2. (1) The department of ecology shall establish a permit development advisory group for the geographic areas draining to Puget Sound in western Washington to advise and assist the department regarding permits for municipal separate storm sewer systems. The permit development advisory group, which may include up to eighteen members, of which at least half shall be representatives of local government, shall:

(a) Review and address the issues specified in section 5 of this act and any other issues regarding municipal separate storm sewer systems for which the department of ecology requests advice and assistance; and

(b) Advise and assist the department of ecology in drafting a permit or permits for municipal separate storm sewer systems in geographic areas draining to Puget Sound in western Washington as required by federal regulations implementing phase two of the national pollutant discharge elimination system permit program under the federal clean water act (33 U.S.C. Sec. 1251 et seq.).

(2) This section expires June 30, 2005.

NEW SECTION. Sec. 3. (1) The department of ecology shall develop a municipal separate storm sewer system permit or permits that address the issues and needs of municipalities operating these systems in eastern Washington. The department shall use the existing storm water advisory group it has established in eastern Washington to advise and assist the department regarding permits for municipal separate storm sewer systems to be issued in eastern Washington. The eastern Washington storm water advisory group shall:

(a) Review and address the issues specified in section 5 of this act as they pertain to eastern Washington and any other issues regarding municipal separate storm sewer systems for which the department of ecology requests advice and assistance; and

(b) Assist and advise the department of ecology in drafting a permit or permits for municipal separate storm sewer systems in eastern Washington as required by federal regulations implementing phase two of the national pollutant discharge elimination system permit program under the federal clean water act (33 U.S.C. Sec. 1251 et seq.).

(2) This section expires June 30, 2005.

NEW SECTION. Sec. 4. (1) The department of ecology shall establish a permit development advisory group for the coastal and southwest areas in western Washington to advise and assist the department regarding permits for municipal separate storm sewer systems. The permit development advisory group shall:

(a) Review and address the issues specified in section 5 of this act and any other issues regarding municipal separate storm sewer systems for which the department requests advice and assistance; and

(b) Advise and assist the department in drafting a permit or permits for municipal separate storm sewer systems in coastal and southwest Washington as required by federal regulations implementing phase two of the national pollutant discharge elimination system permit program under the federal clean water act (33 U.S.C. Sec. 1251 et seq.).

(2) This section expires June 30, 2005.

NEW SECTION. Sec. 5. (1) The permit development advisory group for Puget Sound areas in western Washington established in section 2 of this act, the eastern Washington storm water advisory group identified in section 3 of this act, and the permit development advisory group for coastal and southwest areas in western Washington established in section 4 of this act shall review and make recommendations to the department of ecology regarding the development of permits for municipal separate storm sewer systems. Issues considered by these groups shall include the:

(a) Types of discharges being regulated under these permits;

(b) Areas being regulated by these permits under phases one and two of the federal national pollutant discharge elimination system permit program as they relate to municipal borders;

(c) Issuance of these permits on a watershed basis;

(d) Integration of permits and permit requirements for phase one and phase two of the federal national pollutant discharge elimination system permit program;

(e) Application of these permits to ground water discharges;

(f) Level of effort required of municipalities to satisfy permit requirements regarding:

(i) Public education and outreach;

(ii) Public participation and public involvement;

(iii) Illicit discharge detection and elimination;

(iv) Construction site runoff control;

(v) Postconstruction runoff control;

(vi) Pollution prevention and good housekeeping;

(vii) Implementation of applicable total maximum daily loads; and

(viii) Program evaluation and reporting;

(g) Protection for shellfish areas;

(h) Costs and benefits associated with each permit element not required under federal law;

(i) The use of land use planning and existing land use plans and rules as a best management practice for storm water management; and

(j) Potential funding sources for implementation of permit requirements.

(2) This section expires June 30, 2005.

NEW SECTION. Sec. 6. (1) No later than December 1, 2003, the department of ecology shall submit a progress report regarding the work of the permit development advisory groups established and identified in sections 2, 3, and 4 of this act to the appropriate committees of the legislature.

(2) After the permits are developed but no later than December 1, 2004, the department of ecology shall submit a final report to the appropriate committees of the legislature regarding these permits and the work of the advisory groups. The department shall also identify any legislative recommendations from these groups or from the department based on the work of these groups."

ESHB 1689 - S COMM AMD

By Committee on Natural Resources, Energy & Water

ADOPTED AS AMENDED 04/16/2003

On page 1, line 2 of the title, after "permits;" strike the remainder of the title and insert "creating new sections; and providing expiration dates."

EFFECT: The Department of Ecology is required to establish phase II storm water permit drafting advisory groups for three regions: Eastern Washington, western Washington areas draining to Puget Sound, and coastal and southwestern areas of the state not draining into Puget Sound. These groups are required to consider certain issues and to make recommendations to the Department of Ecology. The Department of Ecology is required to submit a progress report to the legislature by December 1, 2003, and a final report by December 1, 2004.

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