BILL REQ. #:  H-4737.1 

READ FIRST TIME 01/31/06.   

     AN ACT Relating to reducing nitrogen discharges from sewage systems in the Hood Canal aquatic rehabilitation zone; adding new sections to chapter 90.48 RCW; adding a new section to chapter 70.05 RCW; and adding a new section to chapter 70.118 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) Before issuing or renewing a permit for a sewage system within an aquatic rehabilitation zone in Hood Canal established under RCW 90.88.010(2), the department shall ensure that the system removes nitrogen from the wastewater to the fullest extent practical. The department shall specify conditions in each permit necessary to ensure that nitrogen removal is effective. This requirement must be implemented without requiring rule making by the department.
     (2) Existing permittees under RCW 90.48.160 and 90.48.162 that operate a sewage system within an aquatic rehabilitation zone in Hood Canal established under RCW 90.88.010(2), may have a compliance schedule established by the department to adopt nitrogen removal treatment. The compliance schedule must be as short as possible and may not extend beyond January 1, 2014. Any new system or replacement system permitted after the effective date of this section must install nitrogen removing treatment before a permit may be granted.

NEW SECTION.  Sec. 2   A new section is added to chapter 70.05 RCW to read as follows:
     (1) Within an aquatic rehabilitation zone in Hood Canal established under RCW 90.88.010(2) the local health officer must:
     (a) Designate nitrogen as a contaminant of concern for purposes of on-site sewage system rules adopted by the state board of health under RCW 43.20.050;
     (b) Require that any on-site sewage system that is installed or repaired on or after January 1, 2009, address nitrogen before it is approved for use; and
     (c) Require that any on-site sewage system that is in use or approved for use before January 1, 2009, address nitrogen by January 1, 2014.
     (2) If the department finds that technology to treat nitrogen from an on-site sewage system has not been approved by the department as required under rules adopted by the state board of health under RCW 43.20.050, or that the technology that is available has limited performance or is prohibitively expensive, the department may in writing authorize the local health officer up to a three-year extension on the deadlines set out in subsection (1) of this section. If the department authorizes an extension, it shall include the findings of the department on the need for the extension and notify the appropriate committees of the legislature.

NEW SECTION.  Sec. 3   A new section is added to chapter 70.118 RCW to read as follows:
     Within an aquatic rehabilitation zone established under RCW 90.88.010(2), the department must:
     (1) Require that any large on-site sewage system that is installed or repaired on or after January 1, 2009, address nitrogen before it is approved for use; and
     (2) Require that any large on-site sewage system that is in use or approved for use before January 1, 2009, address nitrogen by January 1, 2014.

NEW SECTION.  Sec. 4   A new section is added to chapter 90.48 RCW to read as follows:
     The department of ecology shall offer financial and technical assistance to local governments and tribal entities in the aquatic rehabilitation zone established under RCW 90.88.010(2) to establish or expand on-site sewage system repair and replacement local loan and grant programs. The programs shall give priority to low-income home owners and award grants based on financial need.