ESHB 2116 -
By Senators Honeyford, Zarelli, Benton
OUT OF ORDER 04/14/2009
On page 8, after line 16, insert the following:
"Sec. 7 RCW 90.48.260 and 2007 c 341 s 55 are each amended to
read as follows:
(1) The department of ecology is hereby designated as the state
water pollution control agency for all purposes of the federal clean
water act as it exists on February 4, 1987, and is hereby authorized to
participate fully in the programs of the act as well as to take all
action necessary to secure to the state the benefits and to meet the
requirements of that act. With regard to the national estuary program
established by section 320 of that act, the department shall exercise
its responsibility jointly with the Puget Sound partnership, created in
RCW 90.71.210. The department of ecology may delegate its authority
under this chapter, including its national pollutant discharge
elimination permit system authority and duties regarding animal feeding
operations and concentrated animal feeding operations, to the
department of agriculture through a memorandum of understanding. Until
any such delegation receives federal approval, the department of
agriculture's adoption or issuance of animal feeding operation and
concentrated animal feeding operation rules, permits, programs, and
directives pertaining to water quality shall be accomplished after
reaching agreement with the director of the department of ecology.
Adoption or issuance and implementation shall be accomplished so that
compliance with such animal feeding operation and concentrated animal
feeding operation rules, permits, programs, and directives will achieve
compliance with all federal and state water pollution control laws.
The powers granted herein include, among others, and notwithstanding
any other provisions of chapter 90.48 RCW or otherwise, the following:
(((1))) (a) Complete authority to establish and administer a
comprehensive state point source waste discharge or pollution discharge
elimination permit program which will enable the department to qualify
for full participation in any national waste discharge or pollution
discharge elimination permit system and will allow the department to be
the sole agency issuing permits required by such national system
operating in the state of Washington subject to the provisions of RCW
90.48.262(2). Program elements authorized herein may include, but are
not limited to: (((a))) (i) Effluent treatment and limitation
requirements together with timing requirements related thereto; (((b)))
(ii) applicable receiving water quality standards requirements; (((c)))
(iii) requirements of standards of performance for new sources; (((d)))
(iv) pretreatment requirements; (((e))) (v) termination and
modification of permits for cause; (((f))) (vi) requirements for public
notices and opportunities for public hearings; (((g))) (vii)
appropriate relationships with the secretary of the army in the
administration of his responsibilities which relate to anchorage and
navigation, with the administrator of the environmental protection
agency in the performance of his duties, and with other governmental
officials under the federal clean water act; (((h))) (viii)
requirements for inspection, monitoring, entry, and reporting; (((i)))
(ix) enforcement of the program through penalties, emergency powers,
and criminal sanctions; (((j))) (x) a continuing planning process; and
(((k))) (xi) user charges.
(((2))) (b) The power to establish and administer state programs in
a manner which will insure the procurement of moneys, whether in the
form of grants, loans, or otherwise; to assist in the construction,
operation, and maintenance of various water pollution control
facilities and works; and the administering of various state water
pollution control management, regulatory, and enforcement programs.
(((3))) (c) The power to develop and implement appropriate programs
pertaining to continuing planning processes, area-wide waste treatment
management plans, and basin planning.
(2) The governor shall have authority to perform those actions
required of him or her by the federal clean water act.
(3) Redevelopment, as defined in the 2005 western Washington storm
water management manual, is not subject to the forested condition flow
control requirements of the 2005 western Washington storm water
management manual."
ESHB 2116 -
By Senators Honeyford, Zarelli, Benton
OUT OF ORDER 04/14/2009
On page 1, line 2 of the title, after "90.50A.060," strike "and 90.48.110" and insert "90.48.110, and 90.48.260"