BILL REQ. #:  H-4276.2 

Read first time 01/18/2006.   Referred to Committee on Select Committee on Hood Canal.

     AN ACT Relating to reducing nitrogen discharges from sewage systems in the Hood Canal aquatic rehabilitation zone; adding a new section to chapter 90.48 RCW; and adding a new section to chapter 43.20 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 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 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 43.20 RCW to read as follows:
     (1) The local health officer in an aquatic rehabilitation zone established under RCW 90.88.010(2) must:
     (a) Designate nitrogen as a contaminant of concern;
     (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 board 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.