BILL REQ. #:  H-2347.1 

READ FIRST TIME 03/04/05.   

     AN ACT Relating to authorizing extension or expansion of sewage treatment systems in rural areas when necessary to address Hood Canal concerns; creating new sections; and declaring an emergency.

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

NEW SECTION.  Sec. 1   (1) The legislature finds that Hood Canal is a precious aquatic resource of our state. The legislature finds that Hood Canal is a rich source of recreation, fishing, aquaculture, and aesthetic enjoyment for the citizens of this state. The legislature also finds that Hood Canal has great cultural significance for the tribes in the Hood Canal area. The legislature therefore recognizes Hood Canal's substantial environmental, cultural, economic, recreational, and aesthetic importance to Washington.
     (2) The legislature finds that Hood Canal is a marine water of the state at significant risk. The legislature finds that Hood Canal has a "dead zone" related to low-dissolved oxygen concentrations, a condition that has recurred for many years. The legislature also finds this problem and various contributors to the problem were documented in the May 2004 Preliminary Assessment and Corrective Action Plan published by the state Puget Sound action team and the Hood Canal coordinating council. The legislature recognizes this report identifies on-site sewage systems as a prime contributor of nitrogen, a nutrient linked to the low-dissolved oxygen concentrations in Hood Canal.
     (3) The legislature recognizes the state's growth management act specifies in RCW 36.70A.110(4) that generally it is not appropriate to extend or expand urban governmental services, such as sewer systems, into rural areas. The legislature also recognizes that RCW 36.70A.110(4) contains an exception to this general rule in those limited circumstances shown to be necessary to protect basic public health and safety and the environment when the facilities are financially supportable at rural densities and do not permit urban development.
     (4) The legislature recognizes the Washington supreme court in Thurston County v. The Cooper Point Association, 148 Wn.2d 1 (2002), approved a restrictive interpretation of the term "necessary" in the RCW 36.70A.110(4) exception to accomplish the legislature's intent in enacting these and other growth management act provisions. The court in the Cooper Point case also noted the existing sewage treatment plant and septic systems at issue in that case were not experiencing waste discharge problems that threaten public health and the environment. The legislature recognizes and affirms the RCW 36.70A.110(4) exception specifying that extension or expansion of urban governmental services, such as sewer systems, must be shown necessary to protect public health and the environment.
     (5) The legislature intends to provide for an assessment of the efficacy of nitrogen reduction capabilities in existing and alternative on-site sewage treatment systems and an inventory of existing on-site sewage treatment systems in the Hood Canal vicinity to support development of sewage treatment solutions for this area.

NEW SECTION.  Sec. 2   (1) The Puget Sound action team shall assess the effectiveness of nitrogen treatment provided by currently approved and alternative on-site sewage treatment technologies. The Puget Sound action team may consult with other federal, state, tribal, and local agencies in conducting this assessment. The Puget Sound action team shall submit a report documenting the findings of this assessment to the appropriate committees of the legislature by December 1, 2005.
     (2) The Puget Sound action team, in consultation with local and state health agencies, shall conduct an inventory of on-site sewage systems operating in the Hood Canal watershed. The Puget Sound action team shall submit the inventory to the appropriate committees of the legislature by December 1, 2006.

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.