BILL REQ. #:  H-2202.1 

READ FIRST TIME 03/05/03.   

     AN ACT Relating to implementing the federal permit requirements for municipal separate storm sewer system permits; adding new sections to chapter 90.48 RCW; creating a new section; and providing expiration dates.

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

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   A new section is added to chapter 90.48 RCW to read as follows:
     (1) The department shall establish a permit development advisory group for 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 4 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 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   A new section is added to chapter 90.48 RCW to read as follows:
     The department shall develop a municipal separate storm sewer system permit or permits that addresses the issues and needs of municipalities operating these systems in eastern Washington. The department shall use the advisory group it has established in eastern Washington to develop a storm water management manual to advise and assist the department regarding permits for municipal separate storm sewer systems to be issued in eastern Washington. The eastern Washington advisory group shall:
     (1) Review and address the issues specified in section 4 of this act as they pertain to eastern Washington and any other issues regarding municipal separate storm sewer systems for which the department requests advice and assistance; and
     (2) Assist and advise the department 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.).
     This section expires June 30, 2005.

NEW SECTION.  Sec. 4   A new section is added to chapter 90.48 RCW to read as follows:
     (1) No later than nine months after the effective date of this act, the permit development advisory group for western Washington established in section 2 of this act and the eastern Washington storm water management group identified in section 3 of this act shall review and make recommendations to the department 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) The use of land use planning and existing land use plans and rules as a best management practice for storm water management and to protect water quality; and
     (i) Potential funding sources for implementation of permit requirements.
     (2) This section expires June 30, 2005.