Background: Joint Administrative Rules Review Committee (JARRC). JARRC consists of eight members: four from the Senate and four from the House of Representatives, comprised of two from each caucus in each house, and additionally four alternates, one from each caucus of each house. JARRC reviews proposed and existing agency rules to determine whether they conform to the intent of the statute they purport to implement. JARRC does not review an agency rule if the objection is a matter of substantive policy, rather than legislative intent; or when a rule is the subject of a lawsuit.

When JARRC determines that a proposed rule does not conform to legislative intent, JARRC must notify the agency of the objections and the reasons. The notice must be provided at least seven days prior to the agency's rule-adoption hearing. The agency must consider JARRC's decision and must notify JARRC of its intended action within seven days after the hearing. If JARRC determines that the agency failed to amend, withdraw, or repeal the rule to make it conform with legislative intent; adopted a rule that is not in accordance with all applicable provisions of law; or will not replace a policy or interpretive statement of general applicability with a rule, JARRC may prepare and file a formal objection against the rule for publication in the next Washington Register. In addition, by a majority vote, JARRC may also recommend suspension of a rule. The Governor must approve or disapprove the suspension within 30 days. If approved, the suspension remains in effect until 90 days after next legislative session.

Any person may petition JARRC to review a rule, but only after the agency denies request to amend or repeal. JARRC must make a final decision within 90 days of receipt of the petition.

Stormwater. The federal Clean Water Act (CWA) establishes the National Pollutant Discharge Elimination System (NPDES) permit system to regulate wastewater and stormwater discharges from point sources to surface waters. The NPDES permits are required for anyone who discharges wastewater or stormwater to surface waters, or who has a significant potential to impact surface waters. The Department of Ecology (Ecology) is delegated federal CWA authority by the United States Environmental Protection Agency.

Ecology administers state discharge permits. A wastewater discharge permit places limits on the quantity and concentrations of contaminants that may be discharged and may require wastewater treatment or impose operating or other conditions. Ecology issues individual permits, covering single, specific activities or facilities, and general permits, covering a category of similar dischargers, in the state and the NPDES permit programs. General permits include, but are not limited to, the construction stormwater general permit, the sand and gravel general permit, the industrial stormwater general permit, and the municipal stormwater permits.