Passed by the Senate April 23, 2003 YEAS 38 NAYS 10 BRAD OWEN ________________________________________ President of the Senate Passed by the House April 18, 2003 YEAS 61 NAYS 25 FRANK CHOPP ________________________________________ Speaker of the House of Representatives		CERTIFICATE I, Milton H. Doumit, Jr., Secretary of the Senate of the State of Washington, do hereby certify that the attached is SUBSTITUTE SENATE BILL 5787 as passed by the Senate and the House of Representatives on the dates hereon set forth. MILTON H. DOUMIT JR. ________________________________________ Secretary
Approved May 9, 2003. GARY F. LOCKE ________________________________________ Governor of the State of Washington		FILED May 9, 2003 - 4:26 p.m. Secretary of State State of Washington

AN ACT Relating to the use of a leaching test in state water quality certifications; adding new sections to chapter 90.48 RCW; and declaring an emergency.

NEW SECTION.  Sec. 1   A new section is added to chapter 90.48 RCW to read as follows:
     (1) In order to ensure that construction projects involving the use of fill material do not pose a threat to water quality, the department may require that the suitability of potential fill material be evaluated using a leaching test included in the soil clean-up rules adopted by the department under chapter 70.105D RCW in any water quality certification issued under section 401 of the federal clean water act and in any administrative order issued under this chapter, where such certification or administrative order authorizes the placement of fill material, some or all of which will be placed in waters of the state. Any such requirement imposed by the department in a water quality certification or administrative order issued prior to the effective date of this section is ratified and approved by the legislature as a valid and reliable method for determining concentrations of chemical constituents that can be present in fill material without posing an unacceptable risk of violating water quality standards, and shall be in effect as imposed by the department for all work not completed by June 1, 2003.
     (2) Nothing in this section limits, in any way, the department's authority under this chapter.

NEW SECTION. Sec. 2 A new section is added to chapter 90.48 RCW to read as follows:
The department shall identify the leaching tests utilized for evaluating the potential impacts to water quality in situations where fill material is imported. The tests may include those identified in the soil clean-up rules adopted by the department under chapter 70.105D RCW. Within existing resources, the department shall assess whether this list of leaching tests provides appropriate methods for analyzing water quality impacts for all types of projects and in all circumstances where fill material is imported. The department shall also identify any gaps in leaching test methodology. The department shall report both the leaching test list and the list of test methodology gaps to the appropriate committees of the legislature by December 31, 2003.

NEW SECTION. Sec. 3 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.