BILL REQ. #:  H-1376.1 

Read first time 02/10/2005.   Referred to Committee on Judiciary.

     AN ACT Relating to providing assistance to small counties and cities facing legal liability and costs associated with an action filed under the federal clean water act's citizen suit provision; and adding a new section to chapter 90.48 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 90.48 RCW to read as follows:
     (1) A county or city with a population fewer than fifteen thousand that receives a notice pursuant to 33 U.S.C. Sec. 1365(b) may receive assistance from the department in responding to a notice filed pursuant to 33 U.S.C. Sec. 1365(b) and defending against an action filed pursuant to 33 U.S.C. Sec. 1365. The department shall provide, without charge to the county or city submitting a request under this section, any or all of the following assistance:
     (a) Educational information related to the requirements of the federal clean water act, 33 U.S.C. Sec. 1365;
     (b) Educational and technical information regarding measures to achieve compliance with the requirements of the federal clean water act, 33 U.S.C. Sec. 1365;
     (c) Review of the county's or city's activities and programs associated with the allegations in the notice filed pursuant to 33 U.S.C. Sec. 1365(b) to determine potential compliance issues and to identify measures to achieve compliance; and
     (d) Technical assistance, research, or other assistance and information related to responding to the notice filed pursuant to 33 U.S.C. Sec. 1365(b) and defending against an action filed pursuant to 33 U.S.C. Sec. 1365.
     (2) A county or city with a population fewer than fifteen thousand that receives a notice pursuant to 33 U.S.C. Sec. 1365(b) may receive legal defense assistance from the attorney general in responding to a notice filed pursuant to 33 U.S.C. Sec. 1365(b) and defending against an action filed pursuant to 33 U.S.C. Sec. 1365. The attorney general shall provide, without charge to the county or city submitting a request under this section, any or all of the following assistance:
     (a) Legal review of the notice filed pursuant to 33 U.S.C. Sec. 1365(b), with analysis of the allegations in the notice and a preliminary analysis of the relative merits of those allegations;
     (b) Legal research and drafting assistance; and
     (c) Legal representation and defense in responding to the notice filed pursuant to 33 U.S.C. Sec. 1365(b) and defending against an action filed pursuant to 33 U.S.C. Sec. 1365.
     (3) The department and the office of the attorney general shall respond promptly to any requests for assistance submitted according to subsection (1) or (2) of this section.