BILL REQ. #:  S-2176.2 

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 new sections; providing an expiration date; and declaring an emergency.

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

NEW SECTION.  Sec. 1   INTENT. The legislature intends to:
     (1) Provide direction to the department of ecology and to municipalities regarding the development and implementation of phase two of the federal clean water act's national pollutant discharge elimination system permit program in Washington;
     (2) Recognize the eastern Washington stakeholder process for developing a storm water manual and direct the department of ecology to work within that process when implementing the phase two program in eastern Washington; and
     (3) Establish a stakeholder process to assist the department of ecology in identifying and addressing issues related to developing and implementing the federal national pollutant discharge elimination system permit programs in western Washington and to advise and assist the department as it drafts these permits.

NEW SECTION.  Sec. 2   STANDARDS FOR MUNICIPAL SEPARATE STORM SEWER SYSTEM PERMITS. (1) In accordance with federal and state law, permits for municipal separate storm sewer systems shall require the development, implementation, and enforcement of storm water management programs designed to reduce the discharge of pollutants to the maximum extent practicable to satisfy the requirements of the federal clean water act. Permits issued to municipalities subject to federal regulations implementing phase two of the national pollutant discharge elimination system permit program shall include the following minimum control measures:
     (a) Public education and outreach on storm water impacts;
     (b) Public involvement and participation;
     (c) Illicit discharge detection and elimination;
     (d) Construction site runoff control;
     (e) Postconstruction storm water management in new development and redevelopment; and
     (f) Pollution prevention and good housekeeping for municipal operations.
     (2) For municipal separate storm sewer system permits, the reduction of pollutants to the maximum extent practicable means the technically sound and financially responsible, nonnumeric criteria applicable to all municipal storm water discharges through the implementation of best management practices.

NEW SECTION.  Sec. 3   WESTERN WASHINGTON PERMIT DEVELOPMENT ADVISORY GROUP. (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 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 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) The permit development advisory group may include up to eighteen members. The members of the permit development advisory group selected by the department shall include, but are not limited to, a representative or representatives of:
     (a) Counties and cities that have obtained and are operating under a municipal separate storm sewer system permit issued under phase one of the federal national pollutant discharge elimination system permit program;
     (b) Counties and cities that will be required to obtain a municipal separate storm sewer system permit issued under phase two of the federal national pollutant discharge elimination system permit program;
     (c) State agencies with expertise and interest in storm water management issues, such as the Puget Sound action team and the departments of transportation, natural resources, and fish and wildlife;
     (d) Ports;
     (e) Realtors and developers;
     (f) Business;
     (g) Shellfish growers; and
     (h) Environmental organizations.
     (3) The department shall invite and encourage members of the legislature with interest in storm water management to participate in the permit development advisory group. Legislative members who do participate shall be reimbursed for travel expenses as provided in RCW 44.04.120.

NEW SECTION.  Sec. 4   EASTERN WASHINGTON PERMIT DEVELOPMENT. The department shall develop a municipal separate storm water system permit or permits that address 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 5 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.).

NEW SECTION.  Sec. 5   PERMIT DEVELOPMENT ISSUES. (1) No later than nine months after the effective date of this section, the permit development advisory group for western Washington established in section 3 of this act and the eastern Washington storm water management group identified in section 4 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) Issuance of a separate permit or permits for phase two municipalities not adjacent to a phase one municipality and not interconnected with a separate storm sewer system of a municipality permitted under phase one;
     (f) Application of these permits to ground water discharges;
     (g) 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;
     (h) Protection for shellfish areas;
     (i) Use of land use planning and existing land use plans and regulations as a best management practice for storm water management; and
     (j) Potential funding sources for implementation of permit requirements.
     (2) During the development of permits according to this chapter, the permit development advisory group for western Washington established in section 3 of this act and the eastern Washington advisory group identified in section 4 of this act shall advise and assist the department in developing a menu of best management practices as required under the federal clean water act (33 U.S.C. Sec. 1251 et seq.). These groups also shall review and provide advice and assistance on the draft permits as they are developed. In addition, these groups shall identify whether the elements of these permits are required by federal law, by state law, or by both federal and state law. These groups shall consider the costs and benefits associated with each permit element not required under federal law and make recommendations to the legislature regarding whether it is feasible, necessary, and cost-effective to exceed federal clean water act requirements for such elements.

NEW SECTION.  Sec. 6   REPORTS TO THE LEGISLATURE. (1) The department shall submit a report regarding the recommendations of the western Washington permit development advisory group established in section 3 of this act and the eastern Washington advisory group identified in section 4 of this act to the appropriate committees of the legislature. In reporting on these groups' progress, the department shall identify the recommendations made by these groups, list the issues upon which the members of these groups were not able to reach agreement, and reflect the comments of all members of these groups. The department also shall identify any legislative recommendations from these groups or from the department based on the work of these groups.
     (2) After the permits are developed according to the process specified in sections 3 and 4 of this act, the department shall submit a final report to the appropriate committees of the legislature regarding these permits and the work of the advisory groups. The department also shall identify any legislative recommendations from these groups or from the department based on the work of these groups.

NEW SECTION.  Sec. 7   Captions used in this act are not any part of the law.

NEW SECTION.  Sec. 8   Sections 3 through 6 of this act expire June 30, 2005.

NEW SECTION.  Sec. 9   Sections 2 through 6 of this act are each added to chapter 90.48 RCW.

NEW SECTION.  Sec. 10   If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION.  Sec. 11   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.