FINAL BILL REPORT

ESHB 2222

C 449 L 09

Synopsis as Enacted

Brief Description: Regarding the conditioning of industrial storm water general discharge permits.

Sponsors: House Committee on Agriculture & Natural Resources (originally sponsored by Representatives Blake, Kretz, Short, Eddy, Smith, Takko, Hinkle, Hudgins, Springer, Herrera, Morris, Warnick, Williams and Chandler).

House Committee on Agriculture & Natural Resources

Senate Committee on Environment, Water & Energy

Background:

The federal Clean Water Act (CWA) establishes the National Pollution Discharge Elimination System (NPDES) permit system to regulate wastewater discharges from point sources to surface waters. The NPDES permits are required for anyone who discharges wastewater to surface waters or who has a significant potential to impact surface waters.

The Department of Ecology (DOE) has been delegated authority by the U.S. Environmental Protection Agency (EPA) to administer the NPDES permits.

In the NPDES permit programs, the DOE issues both individual permits covering single, specific activities or facilities and general permits covering a category of similar dischargers. The NPDES permits include limits on the quantity and concentrations of contaminants that may be discharged. The NPDES permits also may require wastewater treatment or impose operating or other conditions.

Summary:

Compliance Dates.

By November 1, 2009, the DOE must modify or reissue the industrial storm water general permit to require compliance with appropriately derived numeric water quality-based effluent limitations for existing discharges to impaired water bodies under the CWA.  The industrial storm water general permit must require compliance no later than six months after the permit’s effective date.  The DOE may establish a compliance schedule for permittees that the DOE determines are unable to comply by the original compliance date, but compliance must occur no later than 24 months, or two complete wet seasons, after the permit’s effective date.  Before establishing a compliance schedule, the DOE must post on the DOE website the name, location, industrial stormwater permit number, and the reason for requesting the compliance schedule.

Storm Water Technical Resource Center.

When funds become available, the DOE, in consultation with an advisory committee, must create a storm water technical resource center in partnership with a university, nonprofit organization, or other public or private entity to provide tools for storm water management.  The storm water technical resource center must use its authority to support research, development, technology demonstration, technology transfer, education, outreach, recognition, and training programs.

The DOE, in consultation with an advisory committee, must identify a funding strategy for funding the storm water technical resource center. The DOE must encourage all interested parties to help and support the technical resource center with in-kind services.               

The DOE must prepare and submit a biennial progress report on the storm water technical resource center to the Legislature.

Votes on Final Passage: