BILL REQ. #:  S-4296.4 

Read first time 01/19/2006.   Referred to Committee on Water, Energy & Environment.

     AN ACT Relating to reclaimed water; amending RCW 90.46.005, 90.46.010, 90.46.030, 90.46.040, 90.46.042, 90.46.044, 90.46.050, 90.46.080, 90.46.090, and 90.46.100; and adding new sections to chapter 90.46 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 90.46 RCW to read as follows:
     (1) The department of ecology, in coordination with the department of health, shall adopt rules as necessary to carry out the provisions of this chapter in accordance with the public policy for reclaimed water use as declared in RCW 90.46.005.
     (2) Rules required by this section must be adopted by December 31, 2008.
     (3) The department of ecology must consult with the advisory committee created in RCW 90.46.050 in all aspects of rule development and adoption under this section.

Sec. 2   RCW 90.46.005 and 2001 c 69 s 1 are each amended to read as follows:
     The legislature finds that by encouraging the use of reclaimed water while assuring the health and safety of all Washington citizens and the protection of its environment, the state of Washington will continue to use water in the best interests of present and future generations.
     To facilitate the use of reclaimed water as soon as is practicable, the legislature encourages the cooperative efforts of the public and private sectors ((and the use of pilot projects)) to effectuate the goals of this chapter. The legislature further directs the department of health and the department of ecology to coordinate efforts towards developing an efficient and streamlined process for creating and implementing processes for the use of reclaimed water.
     It is hereby declared that the people of the state of Washington have a primary interest in the development of facilities to provide reclaimed water to replace potable water in nonpotable applications, to supplement existing surface and ground water supplies, and to assist in meeting the future water requirements of the state.
     The legislature further finds and declares that the utilization of reclaimed water by local communities for domestic, agricultural, industrial, recreational, and fish and wildlife habitat creation and enhancement purposes, including wetland enhancement, will contribute to the peace, health, safety, and welfare of the people of the state of Washington. To the extent reclaimed water is appropriate for beneficial uses, it should be so used to preserve potable water for drinking purposes. Use of reclaimed water constitutes the development of new basic water supplies needed for future generations.
     The legislature further finds and declares that the use of reclaimed water is not inconsistent with the policy of antidegradation of state waters announced in other state statutes, including the water pollution control act, chapter 90.48 RCW and the water resources act, chapter 90.54 RCW.
     The legislature finds that other states, including California, Florida, and Arizona, have successfully used reclaimed water to supplement existing water supplies without threatening existing resources or public health.
     It is the intent of the legislature that the department of ecology and the department of health undertake the necessary steps to encourage the development of water reclamation facilities so that reclaimed water may be made available to help meet the growing water requirements of the state.
     The legislature further finds and declares that reclaimed water facilities are water pollution control facilities as defined in chapter 70.146 RCW and are eligible for financial assistance as provided in chapter 70.146 RCW. ((The legislature finds that funding demonstration projects will ensure the future use of reclaimed water. The demonstration projects in RCW 90.46.110 are varied in nature and will provide the experience necessary to test different facets of the standards and refine a variety of technologies so that water purveyors can begin to use reclaimed water technology in a more cost-effective manner. This is especially critical in smaller cities and communities where the feasibility for such projects is great, but there are scarce resources to develop the necessary facilities.))
     The legislature further finds that the agricultural processing industry can play a critical and beneficial role in promoting the efficient use of water by having the opportunity to develop and reuse agricultural industrial process water from food processing.

Sec. 3   RCW 90.46.010 and 2002 c 329 s 3 are each amended to read as follows:
     The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Agricultural industrial process water" means a water supply derived from treating wastewater used in agricultural processing as permitted under this chapter.
     (2) "Agricultural processing" means the processing of crops or milk to produce a product primarily for wholesale or retail sale for human or animal consumption, including but not limited to potato, fruit, vegetable, and grain processing.
     (3) "Agricultural water use" means the use of water for irrigation and other uses related to the production of agricultural products. These uses include, but are not limited to, construction, operation, and maintenance of agricultural facilities and livestock operations at farms, ranches, dairies, and nurseries. Examples of these uses include, but are not limited to, dust control, temperature control, and fire control.
     (4) "Constructed wetlands" means those wetlands intentionally constructed on nonwetland sites and managed for the primary purpose of polishing reclaimed water or aesthetics. Constructed wetlands are not considered "waters of the state."
     (5) "Controlled use" refers to the indirect use of reclaimed water commingled with state water that has been stored or conveyed through public waters, such as lakes, rivers, and aquifers, followed by the subsequent recovery and use of the water for a beneficial purpose as permitted under this chapter.
     (6) "Created wetlands" means those wetlands intentionally constructed on nonwetland sites to produce or replace natural wetland functions and values. Created wetlands are considered "waters of the state."
     (7) "Direct recharge" means the subsurface addition of water directly into the ground water basin for the purpose of replenishment of ground water.
     (8) "Direct use" means the use of reclaimed water, that has been transported from the point of production to the point of use without an intervening discharge to the waters of the state, for a beneficial purpose as permitted under this chapter. Direct use refers to conveyance of reclaimed water through pumps and pipes for irrigation, industry, urban nonpotable purposes, or planned environmental benefits such as wetlands, maintaining instream flows, lakes, or aquifer levels. "Direct use" does not include storage or conveyance through public waters for planned recovery of the reclaimed water.
     (9) "Domestic wastewater" means water carrying human wastes, including kitchen, bathroom, and laundry wastes, collected from residences, industries, or other establishments.
(10) "Greywater" means wastewater having the consistency and strength of residential domestic type wastewater. Greywater includes wastewater from sinks, showers, and laundry fixtures, but does not include toilet or urinal waters.
     (((2))) (11) "Industrial reuse water" means a water supply derived from treating wastewater used in industrial processing as permitted under this chapter.
     (12) "Land application" means ((application of treated effluent for purposes of)) use of a water supply as permitted under this chapter for irrigation or landscape enhancement ((for residential, business, and governmental purposes)).
     (((3))) (13) "Mitigated use" refers to the use of state water in exchange for at least an equivalent amount of reclaimed water beneficially used for streamflow augmentation, ground water augmentation, or other beneficial purpose, within the same source of supply, and as permitted under this chapter.
     (14) "Person" means any state, individual, public or private corporation, political subdivision, governmental subdivision, governmental agency, municipality, copartnership, association, firm, trust estate, or any other legal entity whatever.
     (((4))) (15) "Planned ground water recharge project" means any project permitted under this chapter for the purpose of replenishing ground water.
     (16) "Reclaimed water" means ((effluent derived)) a water supply produced in any part ((from sewage)) through the treatment of domestic wastewater from a wastewater treatment system ((that has been adequately and reliably treated, so that as a result of that treatment, it is suitable for a beneficial use or a controlled use that would not otherwise occur)) and permitted through this chapter. As a result of such treatment, reclaimed water is suitable for direct, controlled, and mitigated uses and is no longer considered wastewater.
     (((5) "Sewage" means water-carried human wastes from residences, buildings, industrial and commercial establishments, or other places, together with such ground water infiltration, surface waters, or industrial wastewater as may be present.
     (6))) (17) "Streamflow augmentation" means the planned conveyance and use of reclaimed water in rivers and streams of the state or other surface water bodies, excluding wetlands, for the purpose of replenishing surface water.
     (18) "Surface percolation" means the planned application of water to the ground surface for the purpose of replenishing ground water.
     (19) "User" means any person who uses reclaimed water.
     (((7))) (20) "Wastewater" means water ((and)) containing wastes ((discharged)) collected from homes, business((es)), and/or industry ((to the sewer system)) for treatment or disposal.
     (((8) "Beneficial use" means the use of reclaimed water, that has been transported from the point of production to the point of use without an intervening discharge to the waters of the state, for a beneficial purpose.
     (9) "Direct recharge" means the controlled subsurface addition of water directly to the ground water basin that results in the replenishment of ground water.
     (10) "Ground water recharge criteria" means the contaminant criteria found in the drinking water quality standards adopted by the state board of health pursuant to chapter 43.20 RCW and the department of health pursuant to chapter 70.119A RCW.
     (11) "Planned ground water recharge project" means any reclaimed water project designed for the purpose of recharging ground water, via direct recharge or surface percolation.
     (12) "Reclamation criteria" means the criteria set forth in the water reclamation and reuse interim standards and subsequent revisions adopted by the department of ecology and the department of health.
     (13) "Streamflow augmentation" means the discharge of reclaimed water to rivers and streams of the state or other surface water bodies, but not wetlands.
     (14) "Surface percolation" means the controlled application of water to the ground surface for the purpose of replenishing ground water.
     (15))) (21) "Wetland or wetlands" means areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted to life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands regulated under this chapter shall be delineated in accordance with the manual adopted by the department of ecology pursuant to RCW 90.58.380.
     (((16) "Constructed beneficial use wetlands" means those wetlands intentionally constructed on nonwetland sites to produce or replace natural wetland functions and values. Constructed beneficial use wetlands are considered "waters of the state."
     (17) "Constructed treatment wetlands" means those wetlands intentionally constructed on nonwetland sites and managed for the primary purpose of wastewater or storm water treatment. Constructed treatment wetlands are considered part of the collection and treatment system and are not considered "waters of the state."
     (18) "Agricultural industrial process water" means water that has been used for the purpose of agricultural processing and has been adequately and reliably treated, so that as a result of that treatment, it is suitable for other agricultural water use.
     (19) "Agricultural processing" means the processing of crops or milk to produce a product primarily for wholesale or retail sale for human or animal consumption, including but not limited to potato, fruit, vegetable, and grain processing.
     (20) "Agricultural water use" means the use of water for irrigation and other uses related to the production of agricultural products. These uses include, but are not limited to, construction, operation, and maintenance of agricultural facilities and livestock operations at farms, ranches, dairies, and nurseries. Examples of these uses include, but are not limited to, dust control, temperature control, and fire control.
     (21) "Industrial reuse water" means water that has been used for the purpose of industrial processing and has been adequately and reliably treated so that, as a result of that treatment, it is suitable for other uses.))

Sec. 4   RCW 90.46.030 and 2005 c 59 s 1 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. These standards apply only until the department of ecology adopts rules, in accordance with section 1 of this act, regarding the industrial and commercial use of reclaimed water.
     (2) Until the department of ecology adopts rules regarding the industrial and commercial use of reclaimed water, 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;
     (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. 5   RCW 90.46.040 and 2005 c 59 s 2 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. These standards apply only until the department of ecology adopts rules, in accordance with section 1 of this act, regarding the land application 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;
     (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.

Sec. 6   RCW 90.46.042 and 1995 c 342 s 6 are each amended to read as follows:
     The department of ecology shall, in consultation with the department of health, adopt a single set of standards, procedures, and guidelines, on or before December 31, 1996, for direct recharge using reclaimed water. The standards shall address both water quality considerations and avoidance of property damage from excessive recharge. These standards apply only until the department of ecology adopts rules, in accordance with section 1 of this act, regarding direct recharge using reclaimed water.

Sec. 7   RCW 90.46.044 and 1995 c 342 s 7 are each amended to read as follows:
     The department of ecology shall, in consultation with the department of health, adopt a single set of standards, procedures, and guidelines, on or before June 30, 1996, for discharge of reclaimed water to wetlands. These standards apply only until the department of ecology adopts rules, in accordance with section 1 of this act, regarding the discharge of reclaimed water to wetlands.

Sec. 8   RCW 90.46.050 and 1995 c 342 s 9 are each amended to read as follows:
     (1) The department of ((health)) ecology shall, before ((July 1, 1995)) December 1, 2006, form an advisory committee, in coordination with the department of ((ecology and the department of agriculture)) health, which will provide technical assistance in the development of standards, rules, procedures, and guidelines required by this chapter. ((Such)) The advisory committee shall be composed of individuals from the public water and wastewater utilities, landscaping enhancement industry, commercial and industrial application community, and any other persons deemed technically helpful by the department of ((health)) ecology.
     (2) The advisory committee shall review and recommend to the legislature by December 1, 2007, any proposed changes in state law, in light of (a) issues identified under existing law that are preventing the full use of reclaimed water, consistent with RCW 90.46.005; (b) the need to facilitate implementation of locally developed watershed plans under chapter 90.82 RCW; (c) the development and implementation of a comprehensive partnership to restore the health of Puget Sound, and the potential role of reclaimed water; and (d) increasingly stringent federal water quality standards.

Sec. 9   RCW 90.46.080 and 1997 c 444 s 6 are each amended to read as follows:
     (1) Except as otherwise provided in this section, reclaimed water may be beneficially used for surface percolation provided the reclaimed water meets the ground water recharge criteria as measured in ground water beneath or down gradient of the recharge project site, and has been incorporated into a sewer or water comprehensive plan, as applicable, adopted by the applicable local government and approved by the department of health or department of ecology as applicable.
     (2) If the state ground water recharge criteria as defined by RCW 90.46.010 do not contain a standard for a constituent or contaminant, the department of ecology shall establish a discharge limit consistent with the goals of this chapter, except as otherwise provided in this section.
     (3) Except as otherwise provided in this section, reclaimed water that does not meet the ground water recharge criteria may be beneficially used for surface percolation where the department of ecology, in consultation with the department of health, has specifically authorized such use at such lower standard.
     (4) Any rules adopted by the department of ecology in accordance with section 1 of this act regarding surface percolation supersede the provisions of this section.

Sec. 10   RCW 90.46.090 and 1997 c 444 s 7 are each amended to read as follows:
     (1) Reclaimed water may be beneficially used for discharge into constructed beneficial use wetlands and constructed treatment wetlands provided the reclaimed water meets the class A or B reclaimed water standards as defined in the reclamation criteria, and the discharge is incorporated into a sewer or water comprehensive plan, as applicable, adopted by the applicable local government and approved by the department of health or department of ecology as applicable.
     (2) Reclaimed water that does not meet the class A or B reclaimed water standards may be beneficially used for discharge into constructed treatment wetlands where the department of ecology, in consultation with the department of health, has specifically authorized such use at such lower standards.
     (3)(a) The department of ecology and the department of health must develop appropriate standards for discharging reclaimed water into constructed beneficial use wetlands and constructed treatment wetlands. These standards must be considered as part of the approval process under subsections (1) and (2) of this section.
     (b) Standards adopted under this section apply only until the department of ecology adopts rules, in accordance with section 1 of this act, regarding use in constructed wetlands and created wetlands.

Sec. 11   RCW 90.46.100 and 1995 c 342 s 5 are each amended to read as follows:
     (1) Reclaimed water intended for beneficial reuse may be discharged for streamflow augmentation provided the reclaimed water meets the requirements of the federal water pollution control act, chapter 90.48 RCW, and is incorporated into a sewer or water comprehensive plan, as applicable, adopted by the applicable local government and approved by the department of health or department of ecology as applicable.
     (2) Standards adopted under this section apply only until the department of ecology adopts rules, in accordance with section 1 of this act, regarding use of reclaimed water for streamflow augmentation.

NEW SECTION.  Sec. 12   A new section is added to chapter 90.46 RCW to read as follows:
     (1) Reclaimed water may be used for mitigation projects for diversions or withdrawals of waters of the state.
     (2) The use of reclaimed water, consistent with the standards and criteria developed under the authority of this chapter, shall be considered a water resource management technique to be considered by the department under RCW 90.03.255 when evaluating an application for a water right, change, or transfer, or when proposed as a mitigated use.

NEW SECTION.  Sec. 13   A new section is added to chapter 90.46 RCW to read as follows:
     Any reclaimed water discharger that discharges to ground via surface percolation or direct injection retains the right to the use of the discharged water if the availability of the water can be demonstrated in accordance with criteria developed by the department of ecology.

NEW SECTION.  Sec. 14   A new section is added to chapter 90.46 RCW to read as follows:
     The department of ecology financial assistance program shall evaluate the use of existing state funding sources to pay for some of the costs of reclaimed water projects and shall work with the advisory committee created in RCW 90.46.050 to develop recommendations on how to make additional funding available.