BILL REQ. #:  H-2218.1 

Read first time 03/05/2003.   Referred to Committee on Agriculture & Natural Resources.

     AN ACT Relating to the collection and use of water quality data; adding new sections to chapter 90.48 RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   (1) The legislature finds that:
     (a) Proper collection and review of credible water quality data is necessary to ensure compliance with the requirements of the federal clean water act;
     (b) Developing and implementing water quality protection measures based only on credible water quality data ensures that the financial resources of state and local governments and regulated entities are prioritized to address our state's most important water quality issues; and
     (c) The state currently lacks standards relating to the collection of water quality data even though the collection and analysis of that data provides the basis for water quality protection efforts and can have significant regulatory and financial impacts.
     (2) It is the intent of the legislature to establish a system of standards and procedures to ensure that only credible water quality data is used as the basis for specific state water quality programs.

NEW SECTION.  Sec. 2   The definitions in this section apply throughout sections 3 through 6 of this act unless the context clearly requires otherwise.
     (1) "Credible data" means data meeting the requirements of section 4 of this act.
     (2) "Department" means the Washington state department of ecology.
     (3) "Impaired water" means a water body or segment thereof for which credible data exists that satisfies the requirements of sections 3 through 6 of this act that demonstrates that the water body should be identified pursuant to 33 U.S.C. Sec. 1313(d).
     (4) "Naturally occurring condition" means any condition affecting water quality that is not caused by human influence on the environment including, but not limited to, soils, geology, hydrology, climate, wildlife influence on the environment, and water flow with specific consideration given to seasonal and other natural variations.
     (5) "Section 303(d)" means 33 U.S.C. Sec. 1313(d).
     (6) "Section 305(b)" means 33 U.S.C. Sec. 1315(b).
     (7) "Total maximum daily load" has the same meaning as in the federal water pollution control act.

NEW SECTION.  Sec. 3   (1) The department shall only use credible data when doing any of the following:
     (a) Developing and reviewing any water quality standard;
     (b) Determining whether any water of the state is to be placed on or removed from any section 303(d) list;
     (c) Determining whether any water of the state is supporting its designated use or other classification;
     (d) Determining any degradation of a water of the state; or
     (e) Establishing a total maximum daily load for any water of the state.
     (2) Credible data is not required for any section 305(b) report or for the establishment of a designated use or other classification of a water of the state.

NEW SECTION.  Sec. 4   (1) In collecting and analyzing water quality data for any purpose identified in section 3 of this act, data is considered credible data only if the department has determined all of the following:
     (a) Appropriate quality assurance and quality control procedures were followed and documented in collecting and analyzing the data;
     (b) The samples or analyses are representative of water quality conditions at the time the data was collected;
     (c) The data consists of an adequate number of samples based on the nature of the water in question and the parameters being analyzed;
     (d) The method of sampling and analysis, including analytical, statistical, and modeling methods, is generally accepted and validated in the scientific community as appropriate for use in assessing the condition of the water; and
     (e) The data was collected by the department or a professional designee of the department.
     (2) The department shall adopt rules governing the collection of water quality data meeting the requirements for credible data in sections 3 through 6 of this act.

NEW SECTION.  Sec. 5   (1) In assessing whether a water body is impaired, the department shall consider the data available in light of the nature of the water in question, including whether the water body is ephemeral. A water body in which pollutant loadings from naturally occurring conditions alone are sufficient to cause a violation of applicable surface water quality standards may not be listed as impaired.
     (2) If the department has adopted a numeric surface water quality standard for a pollutant and that standard is not being exceeded in a water body, the department may not list the water body as impaired based on a conclusion that the pollutant causes a violation of a narrative or biological standard unless:
     (a) The department has determined that the numeric standard is insufficient to protect water quality; and
     (b) The department has identified specific reasons that are appropriate for the water body in question, that are based on generally accepted scientific principles and that support the department's determination.
     (3) The department shall add a water body to or remove a water body from the list outside of the normal listing cycle if it collects or receives credible data that satisfies the requirements of sections 3 through 6 of this act and that demonstrates that the current quality of the water is such that it should be removed from or added to the list. A listed water body may no longer warrant classification as impaired or an unlisted water may be identified as impaired if the applicable surface water quality standards, implementation procedures, or designated uses have changed or if there is a change in water quality.
     (4) The department may not list a water body as impaired if the failure to meet state water quality standards is caused solely by violations of national pollutant discharge elimination system program permits issued by the department and the enforcement of the pollution control measures in such permits is required.

NEW SECTION.  Sec. 6   Nothing in sections 3 through 6 of this act may be construed to either require credible data in order for the department to bring an action for violation of state water quality laws or require credible data for water quality monitoring or data collection purposes other than those specifically identified in sections 3 through 6 of this act.

NEW SECTION.  Sec. 7   Sections 2 through 6 of this act are each added to chapter 90.48 RCW.