SB 5412 -
By Representative Kretz
NOT CONSIDERED 04/26/2009
On page 4, after line 9 of the amendment, insert the following:
"NEW SECTION. Sec. 3 A new section is added to chapter 43.21A
RCW to read as follows:
(1) Recipients for a grant under section 2 of this act for algae
management in marine areas shall, upon sending the application to the
department, ensure that public notice of the application is given by,
at a minimum, the following methods:
(a) Publishing notice of the application at least once per week for
two consecutive weeks, at least seven days apart, in a local newspaper
of general circulation in the county where the proposed treatment site
is located; and
(b) Mailing notice of the application by certified mail to:
(i) Each residence and business owner located on a shoreline
property within one-quarter mile of the proposed treatment site; and
(ii) Each residence and business owner in areas where drift may
occur.
(2) Notices sent under this section must include a statement that
any person desiring to submit written comments concerning an
application for an aquatic algae management must submit the comments to
the department within forty-five days of completion of the notice
requirements in this section.
(3) The department shall forward a copy of the decision concerning
an application for an aquatic algae management to each person who
submitted a written request for the decision at the same time it
notifies the applicant.
(4) The department shall post all applications it receives under
this section in a timely manner and in an easily accessible location on
its internet web site. At the same internet location, the department
shall post an e-mail contact link and physical address that the public
may use to submit comments on applications.
(5) The department shall respond in writing to all public comments
it receives concerning an application for aquatic algae management
prior to issuing a final decision on the application, provided that the
comment was submitted in accordance with subsection (2) of this
section.
(6) Once the department approves an application for an aquatic
algae management, the applicator shall:
(a) Complete copies of the residential and business notice form
provided by the department;
(b) Mail copies of the residential and business notice form by
certified mail to each residence and business owner specified in
subsection (1)(b) of this section at least ten to twenty-one days prior
to the initial treatment;
(c) Mail, e-mail, or fax a copy of the residential and business
notice form, including the date of distribution, to the appropriate
department regional office contact no later than one business day
following distribution to the residence and business owners specified
in subsection (1)(b) of this section; and
(d) Maintain a copy of both the initial public notice submitted in
accordance with subsection (1) of this section and the residential and
business notice form and a list of addresses to which the form was sent
for seven years. The applicator shall hand deliver or mail a copy of
the residential and business notice form and list of recipients to the
department within five business days upon request.
(7) The department may adopt rules as necessary to implement this
section and shall develop posting requirements for treatment sites."
Renumber the remaining sections consecutively and correct any internal references accordingly.
EFFECT: Provides notice requirements for algae control actions funded through the saltwater algae control account.