| Passed by the House March 10, 2005 Yeas 95 ________________________________________ Speaker of the House of Representatives Passed by the Senate April 5, 2005 Yeas 49 ________________________________________ President of the Senate | I, Richard Nafziger, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 1891 as passed by the House of Representatives and the Senate on the dates hereon set forth. ________________________________________ Chief Clerk | |
| Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
| State of Washington | 59th Legislature | 2005 Regular Session |
READ FIRST TIME 03/04/05.
AN ACT Relating to issuing reclaimed water permits to private utilities; and amending RCW 90.46.030 and 90.46.040.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 90.46.030 and 2002 c 329 s 4 are each amended to read
as follows:
(1) The department of health shall, in coordination with the
department of ecology, adopt a single set of standards, procedures, and
guidelines on or before August 1, 1993, for the industrial and
commercial use of reclaimed water.
(2) The department of health may issue a reclaimed water permit for
industrial and commercial uses of reclaimed water to the generator of
reclaimed water who may then distribute the water, subject to
provisions in the permit governing the location, rate, water quality,
and purposes of use.
(3) The department of health in consultation with the advisory
committee established in RCW 90.46.050, shall develop recommendations
for a fee structure for permits issued under subsection (2) of this
section. Fees shall be established in amounts to fully recover, and
not exceed, expenses incurred by the department of health in processing
permit applications and modifications, monitoring and evaluating
compliance with permits, and conducting inspections and supporting the
reasonable overhead expenses that are directly related to these
activities. Permit fees may not be used for research or enforcement
activities. The department of health shall not issue permits under
this section until a fee structure has been established.
(4) A permit under this section for use of reclaimed water may be
issued only to:
(a) A municipal, quasi-municipal, or other governmental entity ((or
to));
(b) A private utility as defined in RCW 36.94.010; or
(c) The holder of a waste discharge permit issued under chapter
90.48 RCW.
(5) The authority and duties created in this section are in
addition to any authority and duties already provided in law with
regard to sewage and wastewater collection, treatment, and disposal for
the protection of health and safety of the state's waters. Nothing in
this section limits the powers of the state or any political
subdivision to exercise such authority.
(6) The department of health may implement the requirements of this
section through the department of ecology by execution of a formal
agreement between the departments. Upon execution of such an
agreement, the department of ecology may issue reclaimed water permits
for industrial and commercial uses of reclaimed water by issuance of
permits under chapter 90.48 RCW, and may establish and collect fees as
required for permits issued under chapter 90.48 RCW.
(7) Before deciding whether to issue a permit under this section to
a private utility, the department of health may require information
that is reasonable and necessary to determine whether the private
utility has the financial and other resources to assure the
reliability, continuity, and supervision of the reclaimed water
facility.
Sec. 2 RCW 90.46.040 and 1992 c 204 s 5 are each amended to read
as follows:
(1) The department of ecology shall, in coordination with the
department of health, adopt a single set of standards, procedures, and
guidelines, on or before August 1, 1993, for land applications of
reclaimed water.
(2) A permit is required for any land application of reclaimed
water. The department of ecology may issue a reclaimed water permit
under chapter 90.48 RCW to the generator of reclaimed water who may
then distribute the water, subject to provisions in the permit
governing the location, rate, water quality, and purpose of use. The
department of ecology shall not issue more than one permit for any
individual land application of reclaimed water to a single generator.
(3) In cases where the department of ecology determines, in land
applications of reclaimed water, that a significant risk to the public
health exists, the department shall refer the application to the
department of health for review and consultation and the department of
health may require fees appropriate for review and consultation from
the applicant pursuant to RCW 43.70.250.
(4) A permit under this section for use of reclaimed water may be
issued only to:
(a) A municipal, quasi-municipal, or other governmental entity ((or
to));
(b) A private utility as defined under RCW 36.94.010; or
(c) The holder of a waste discharge permit issued under chapter
90.48 RCW.
(5) The authority and duties created in this section are in
addition to any authority and duties already provided in law. Nothing
in this section limits the powers of the state or any political
subdivision to exercise such authority.
(6) Before deciding whether to issue a permit under this section to
a private utility, the department of ecology may require information
that is reasonable and necessary to determine whether the private
utility has the financial and other resources to assure the
reliability, continuity, and supervision of the reclaimed water
facility.