BILL REQ. #:  H-2287.2 

READ FIRST TIME 03/05/03.   

     AN ACT Relating to modifying the public notification requirements for wastewater discharge permits; and amending RCW 90.48.170.

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

Sec. 1   RCW 90.48.170 and 1994 c 264 s 91 are each amended to read as follows:
     (1) Applications for permits shall be made on forms prescribed by the department and shall contain the name and address of the applicant, a description of the applicant's operations, the quantity and type of waste material sought to be disposed of, the proposed method of disposal, and any other relevant information deemed necessary by the department. Application for permits shall be made at least sixty days prior to commencement of any proposed discharge or permit expiration date, whichever is applicable.
     (2) Upon receipt of a proper application relating to a new operation, or an operation previously under permit for which an increase in volume of wastes or change in character of effluent is requested over that previously authorized, the department shall ((instruct the applicant to publish notices thereof by such means and within such time as the department shall prescribe. The department shall require that the notice so prescribed shall be published twice in a newspaper of general circulation within the county in which the disposal of waste material is proposed to be made and in such other appropriate information media as the department may direct. Said)) provide public notice thereof. Upon receipt by the department of an application, it shall immediately send notice thereof containing pertinent information to appropriate state agencies. The department shall also provide public notice of and an opportunity for public comment on proposed or draft permits or permit denials.
     (3)(a) The department shall provide public notice in a manner reasonably calculated to give actual notice to the persons potentially affected by the proposed discharge and the department's actions with respect to the proposed discharge. Methods of providing notice may include electronic mail, posting on the department's internet site, publication in newspapers, press releases, mailings, and other information media the department may determine is appropriate. When the department determines that publication in a newspaper of general circulation within the county in which the disposal of waste material is proposed to be made is the most appropriate means of providing public notice, the department shall include notification in the newspaper.
     (b) The department shall maintain a list of persons interested in departmental actions on waste disposal permits and shall provide notice to all persons on the list. Notice may be by electronic distribution or by regular mail.
     (c) If the department provides notice in a manner specified in (a) of this subsection other than by posting on the department's internet site, the department shall, to the extent practical, post permit applications and permit facts on the department's internet site.
     (4) Public notice shall include a statement that any person desiring to present his or her views to the department with regard to ((said)) the application may do so in writing to the department, or any person interested in the department's action on an application for a permit, may submit his or her views or notify the department of his or her interest within thirty days of the last date of publication of notice. Such notification or submission of views to the department shall entitle said persons to a copy of the action taken on the application. ((Upon receipt by the department of an application, it shall immediately send notice thereof containing pertinent information to the director of fish and wildlife and to the secretary of social and health services.))
     (5) When an application complying with the provisions of this chapter and the rules and regulations of the department has been filed with the department, it shall be its duty to investigate the application, and determine whether the use of public waters for waste disposal as proposed will pollute the same in violation of the public policy of the state.