READ FIRST TIME 02/23/09.   

     AN ACT Relating to conditioning industrial storm water general discharge permits; amending RCW 90.48.555; adding new sections to chapter 90.48 RCW; and providing an expiration date.

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

Sec. 1   RCW 90.48.555 and 2004 c 225 s 2 are each amended to read as follows:
     The provisions of this section apply to the construction and industrial storm water general permits issued by the department pursuant to the federal clean water act, 33 U.S.C. Sec. 1251 et seq., and this chapter.
     (1) Effluent limitations shall be included in construction and industrial storm water general permits as required under the federal clean water act, 33 U.S.C. Sec. 1251 et seq., and its implementing regulations. In accordance with federal clean water act requirements, pollutant specific, water quality-based effluent limitations shall be included in construction and industrial storm water general permits if there is a reasonable potential to cause or contribute to an excursion of a state water quality standard.
     (2) Subject to the provisions of this section, both technology and water quality-based effluent limitations may be expressed as:
     (a) Numeric effluent limitations;
     (b) Narrative effluent limitations; or
     (c) A combination of numeric and narrative effluent discharge limitations.
     (3) The department must condition storm water general permits for industrial and construction activities issued under the national pollutant discharge elimination system of the federal clean water act to require compliance with numeric effluent discharge limits when such discharges are subject to:
     (a) Numeric effluent limitations established in federally adopted, industry-specific effluent guidelines;
     (b) State developed, industry-specific performance-based numeric effluent limitations;
     (c) Numeric effluent limitations based on a completed total maximum daily load analysis or other pollution control measures; or
     (d) A determination by the department that:
     (i) The discharges covered under either the construction or industrial storm water general permits have a reasonable potential to cause or contribute to violation of state water quality standards; and
     (ii) Effluent limitations based on nonnumeric best management practices are not effective in achieving compliance with state water quality standards.
     (4) In making a determination under subsection (3)(d) of this section, the department shall use procedures that account for:
     (a) Existing controls on point and nonpoint sources of pollution;
     (b) The variability of the pollutant or pollutant parameter in the storm water discharge; and
     (c) As appropriate, the dilution of the storm water in the receiving waters.
     (5) Narrative effluent limitations requiring both the implementation of best management practices, when designed to satisfy the technology and water quality-based requirements of the federal clean water act, 33 U.S.C. Sec. 1251 et seq., and compliance with water quality standards, shall be used for construction and industrial storm water general permits, unless the provisions of subsection (3) of this section apply.
     (6) Compliance with water quality standards shall be presumed, unless discharge monitoring data or other site specific information demonstrates that a discharge causes or contributes to violation of water quality standards, when the permittee is:
     (a) In full compliance with all permit conditions, including planning, sampling, monitoring, reporting, and recordkeeping conditions; and
     (b)(i) Fully implementing storm water best management practices contained in storm water technical manuals approved by the department, or practices that are demonstrably equivalent to practices contained in storm water technical manuals approved by the department, including the proper selection, implementation, and maintenance of all applicable and appropriate best management practices for on-site pollution control.
     (ii) For the purposes of this section, "demonstrably equivalent" means that the technical basis for the selection of all storm water best management practices are documented within a storm water pollution prevention plan. The storm water pollution prevention plan must document:
     (A) The method and reasons for choosing the storm water best management practices selected;
     (B) The pollutant removal performance expected from the practices selected;
     (C) The technical basis supporting the performance claims for the practices selected, including any available existing data concerning field performance of the practices selected;
     (D) An assessment of how the selected practices will comply with state water quality standards; and
     (E) An assessment of how the selected practices will satisfy both applicable federal technology-based treatment requirements and state requirements to use all known, available, and reasonable methods of prevention, control, and treatment.
     (7)(a) By November 1, 2009, the department shall modify or reissue the industrial storm water general permit to require compliance ((by May 1, 2009,)) with appropriately derived numeric water quality-based effluent limitations for existing discharges to water bodies listed as impaired according to 33 U.S.C. Sec. 1313(d) (Sec. 303(d) of the federal clean water act, 33 U.S.C. Sec. 1251 et seq.).
     (b) ((No later than September 1, 2008,)) The industrial storm water general permit must require permittees to comply with appropriately derived numeric water quality-based effluent limitations in the permit, as described in (a) of this subsection, by no later than six months after the effective date of the industrial storm water general permit.
     (c) For permittees that the department determines are unable to comply with numeric water quality-based effluent limitations required by (a) of this subsection, within the timeline established in (b) of this subsection, the department shall establish a compliance schedule.
     (i) A compliance schedule provided by the department must require compliance as soon as possible, but no later than eighteen months after the effective date of the industrial storm water general permit.
     (ii) The department shall post the compliance schedule on the department's web site prior to issuing the compliance schedule.
     (d) The department shall report to the appropriate committees of the legislature specifying how the numeric effluent limitation in (a) of this subsection would be implemented. The report shall identify the number of dischargers to impaired water bodies and provide an assessment of anticipated compliance with the numeric effluent limitation established by (a) of this subsection.
     (8)(a) Construction and industrial storm water general permits issued by the department shall include an enforceable adaptive management mechanism that includes appropriate monitoring, evaluation, and reporting. The adaptive management mechanism shall include elements designed to result in permit compliance and shall include, at a minimum, the following elements:
     (i) An adaptive management indicator, such as monitoring benchmarks;
     (ii) Monitoring;
     (iii) Review and revisions to the storm water pollution prevention plan;
     (iv) Documentation of remedial actions taken; and
     (v) Reporting to the department.
     (b) Construction and industrial storm water general permits issued by the department also shall include the timing and mechanisms for implementation of treatment best management practices.
     (9) Construction and industrial storm water discharges authorized under general permits must not cause or have the reasonable potential to cause or contribute to a violation of an applicable water quality standard. Where a discharge has already been authorized under a national pollutant discharge elimination system storm water permit and it is later determined to cause or have the reasonable potential to cause or contribute to the violation of an applicable water quality standard, the department may notify the permittee of such a violation.
     (10) Once notified by the department of a determination of reasonable potential to cause or contribute to the violation of an applicable water quality standard, the permittee must take all necessary actions to ensure future discharges do not cause or contribute to the violation of a water quality standard and document those actions in the storm water pollution prevention plan and a report timely submitted to the department. If violations remain or recur, coverage under the construction or industrial storm water general permits may be terminated by the department, and an alternative general permit or individual permit may be issued. Compliance with the requirements of this subsection does not preclude any enforcement activity provided by the federal clean water act, 33 U.S.C. Sec. 1251 et seq., for the underlying violation.
     (11) Receiving water sampling shall not be a requirement of an industrial or construction storm water general permit except to the extent that it can be conducted without endangering the health and safety of persons conducting the sampling.
     (12) The department may authorize mixing zones only in compliance with and after making determinations mandated by the procedural and substantive requirements of applicable laws and regulations.
     (13) The industrial storm water general permit must include a provision to allow an entity subject to coverage by the permit to apply for an individual storm water permit or coverage under another alternative permit as provided in the industrial storm water general permit.

NEW SECTION.  Sec. 2   A new section is added to chapter 90.48 RCW to read as follows:
     The provisions of this section apply to the construction and industrial storm water general permits issued by the department pursuant to the federal clean water act, 33 U.S.C. Sec. 1251 et seq., and this chapter.
     By July 1, 2010, the department shall implement a technical assistance program as provided by RCW 43.05.030, 43.05.040, 43.05.050, 43.05.060, and 43.05.070. The department shall seek input from stakeholders prior to establishing the technical assistance program and periodically thereafter in an effort to maximize the effectiveness of the technical assistance program. The department shall also seek input from stakeholders to help identify resources needed to implement the department's technical assistance program.

NEW SECTION.  Sec. 3   A new section is added to chapter 90.48 RCW to read as follows:
     (1) The provisions of this section apply to the construction and industrial storm water general permits issued by the department pursuant to the federal clean water act, 33 U.S.C. Sec. 1251 et seq., and this chapter.
     (2) By June 30, 2010, the department shall develop a long-term compliance assessment and enforcement plan for the construction and industrial storm water general permits in accordance with RCW 90.48.560. The plan must:
     (a) Be developed with the assistance of a stakeholder advisory committee with representatives of at least industrial and construction permittees, nongovernmental organizations, affected agencies, tribes, and local governments. The department may establish separate stakeholder committees for the industrial storm water general permit and the construction storm water general permit.
     (b) Contain provisions to identify entities required to be covered by the permits that are not covered and maximize the number of facilities covered by the permit that are required to be covered by the permit by June 30, 2011.

NEW SECTION.  Sec. 4   A new section is added to chapter 90.48 RCW to read as follows:
     (1) The department shall 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 center shall use its authority to support the duties listed in this subsection through research, development, technology demonstration, technology transfer, education, outreach, recognition, and training programs. The center may:
     (a) Review and evaluate emerging storm water technologies;
     (b) Research and develop innovative and cost-effective technical solutions to remove pollutants from runoff and to reduce or eliminate storm water discharges;
     (c) Conduct pilot projects to test technical solutions;
     (d) Serve as a clearinghouse and outreach center for information on storm water technology;
     (e) Assist in the development of storm water control methods to better protect water quality, including source control, product substitution, pollution prevention, and storm water treatment;
     (f) Coordinate with federal, state, and local agencies and private organizations in administering programs related to storm water control measures; and
     (g) Collaborate with existing storm water outreach programs.
     (2) The department shall consult with an advisory committee in the development of the storm water technical resource center. The advisory committee must include representatives from relevant state agencies, local governments, the business community, the environmental community, tribes, and the building and development industry.
     (3) The department, in consultation with the storm water technical resource center advisory committee, shall identify a funding strategy for funding the storm water technical resource center.
     (4) The department shall encourage all interested parties to help and support the technical resource center with in-kind services.
     (5) The department shall prepare and submit a biennial progress report to the legislature.

NEW SECTION.  Sec. 5   Section 1 of this act expires January 1, 2015.