SENATE BILL REPORT

ESHB 447

BYHouse Committee on Environmental Affairs (originally sponsored by Representatives Rust, Unsoeld, Todd and Allen; by request of Governor Gardner)

Changing provisions relating to water quality discharge permits.

House Committe on Environmental Affairs

Senate Committee on Parks & Ecology

Senate Hearing Date(s):March 31, 1987; April 1, 1987

Majority Report:  Do pass and refer to Committee on Ways & Means.

      Signed by Senators Kreidler, Chairman; Rinehart, Vice Chairman; Hansen.

Minority Report:  Do not pass.

      Signed by Senator Bluechel.

Senate Staff:Gary Wilburn (786-7453)

                  April 1, 1987

AS REPORTED BY COMMITTEE ON PARKS & ECOLOGY, APRIL 1, 1987

BACKGROUND:

The Department of Ecology administers a state permit program regulating the discharge of effluent into state waters, including discharges to sewers and ground water.  The Department has been delegated authority to administer the National Pollutant Discharge Elimination System, pursuant to the Federal Clean Water Act, under which a permit is required for any point source discharge.  The permit establishes specific limits on the quantity and concentration of contaminants allowed and is issued for a five-year period.  Dischargers must monitor effluent and report compliance with the conditions of the permit.  The Department of Ecology periodically inspects the facility and takes enforcement action.

In 1985 the Department was authorized to charge permit applicants for the actual costs of processing permit applications.  The 1987 Puget Sound Water Quality Management Plan directs the Department to increase specific types of effluent limits and to require additional monitoring for those discharges in the Puget Sound region.  The costs for permit processing and routine monitoring of compliance will increase.  Funds collected by the Department are deposited into the general fund.

SUMMARY:

The Department of Ecology's authority to collect administrative expenses from permit holders is extended to all costs directly related to each activity, including directly related overhead expenses, monitoring compliance, engaging in inspections, reviewing plans and documents required by permits, and securing laboratory support.  Costs related to enforcement actions are excluded.

The Department is to implement a fee schedule by July 1, 1988.  By January 1, 1988 it is to establish an accounting mechanism to relate administrative expenses to fees charged, and beginning July 1, 1989 charge fees to recover administrative expenses for each individual permit.  The fee shall not exceed $60,000 for any five-year period for the most complex permit.  Small public dischargers may not be charged more than $100, and the Department is to consider the economic impact of fees on all small dischargers and make appropriate adjustments.  Fees shall not be charged for permits for fish-rearing facilities, nor for permits issued by public entities to indirect dischargers.

Credits may be granted to public entities providing comprehensive monitoring programs.  The credits may not exceed 25 percent of the permit fee, and the total of credits granted over the five-year period beginning July 1, 1988 may not exceed $50,000.

Beginning in 1990 the Department is to provide annual reports to the Legislature on improving the administrative efficiency of the water quality permit programs.  Prior to submitting the 1992 report, the Department is to consult with discharger, environmental, and agricultural groups, and other state agencies.

Monitoring requirements imposed in permits must be related to permit compliance, attaining treatment standards or determining effects of receiving waters and its biota.  Where monitoring is required to test effects on receiving waters, monitoring cannot be required after an appropriate period has revealed no measurable adverse effects.

The existing fee authority expires on July 1, 1988.  A permit may be terminated for failure to pay the fee charged.

Fiscal Note:      requested

Senate Committee - Testified: David McCraney, Governor's office; Kathy Fletcher, Puget Sound Water Quality Authority; Bruce Wishart, Sierra Club; Chris Platt, Puget Sound Alliance