BILL REQ. #:  H-0464.2 

Prefiled 01/07/09. Read first time 01/12/09.   Referred to Committee on Agriculture & Natural Resources.

     AN ACT Relating to enhancing public notice requirements for vegetation management in freshwater lakes; and adding a new section to chapter 90.48 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 90.48 RCW to read as follows:
     (1) Applicants for a general permit under this chapter for aquatic plant and algae management in freshwater lakes 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 for coverage 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 plant and algae management general permit must submit the comments to the department within forty-five days of completion of the notice requirements in this section. The applicant shall use the public notice form provided by the department in the aquatic plant and algae management general permit.
     (3) The department shall forward a copy of the decision concerning an application for an aquatic plant and algae management general permit 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 an aquatic plant and algae management general permit 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 plant and algae management general permit, the applicator shall:
     (a) Complete copies of the residential and business notice form provided by the department in the aquatic plant and algae management general permit;
     (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.