SENATE BILL REPORT

ESHB 543

BYHouse Committee on Agriculture & Rural Development (originally sponsored by Representatives Madsen, Fisch, Miller, Rasmussen, Baugher, Doty, Spanel, Brooks and Nealey)

Providing procedures to investigate and remedy complaints regarding pollution from nonpoint agricultural activity.

House Committe on Agriculture & Rural Development

Senate Committee on Agriculture

Senate Hearing Date(s):March 24, 1987; March 27, 1987

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

     Signed by Senators Hansen, Chairman; Bauer, Vice Chairman; Anderson, Bailey, Barr, Gaspard.

Senate Staff:Kaleen Cottingham (786-7415)

                March 30, 1987

AS REPORTED BY COMMITTEE ON AGRICULTURE, MARCH 27, 1987

BACKGROUND:

Section 208 of the 1972 federal Clean Water Act required the development of areawide plans for the control of nonpoint source pollution.  It also authorized a federal cost sharing program for performing best management practices to control nonpoint source pollution in areas with approved plans.

In 1986 the state Water Quality Account was established and funded by taxes on cigarettes, tobacco products and certain other products.  Monies deposited in the account are administered by the Department of Ecology.  Not more than 2 1/2 percent of amounts distributed for certain water pollution control activities may be transferred by the Department of Ecology to the state Conservation Commission for water related activities.

Concern has been raised that the Department of Ecology is taking aggressive enforcement actions against farmers instead of working with farmers to resolve water pollution concerns.

SUMMARY:

Complaints received by the Department of Ecology concerning nonpoint source water pollution from agricultural lands shall be referred to the local conservation district.  The district shall contact the person conducting agricultural activities and determine if a nonpoint source pollution problem exists.  The district shall provide a written report of its findings to the person and retain a copy in its office.  If measurable water pollution is attributable to agricultural activities, the district shall offer assistance which may include the development of a cooperative farm plan under the wastewater management planning process referred to in the 1972 federal Clean Water Act or equivalent measures.

Six months is allowed to develop a plan and 18 months is allowed to implement the plan.  If the complaint reoccurs and the person has not undertaken cooperative planning or implementation of a plan, or has not otherwise taken steps to solve the pollution problem, the district shall rerefer the complaint to the Department of Ecology for enforcement.

The Department of Ecology shall enter a contract with each conservation district in the state to fund these activities of the districts.  Each contract shall specify:  the applicable water quality standards; the respective role of the Department and the district; and the criteria for identifying and responding to emergencies.

Monies transferred by the Department of Ecology to the Conservation Commission under state laws governing the Water Quality Account shall not be considered as satisfying these requirements.

These requirements shall be administered by the Department of Ecology with the advice and consent of the Conservation Commission.

SUMMARY OF PROPOSED SENATE AMENDMENT:

The Legislature intends to establish a program to foster cooperation in the control of agricultural nonpoint pollution.  The Department of Ecology is authorized to promulgate regulations to implement this act; specifically to delineate the relationship between the Department and the conservation districts and to establish criteria for determining when an emergency exists.

If requested by a conservation district, the Department of Ecology shall enter a contract with the district to fund the activities required of the district under this act.  Funds may come from federal water pollution control sources and eligible projects may receive grants from the water quality account through the Conservation Commission.

Complaints of agricultural nonpoint pollution shall be referred to the local conservation district.  The district shall contact the person and perform an assessment to determine if a nonpoint source pollution problem exists.  In the event measurable water pollution is attributable to agricultural activities, the district shall offer assistance to the person, including cost share if available.  The district may help in the development of a cooperative farm plan utilizing the planning process in Section 208 of the federal Clean Water Act.  If the person chooses not to accept the assistance of the conservation, the person shall solve the problem on his or her own.

Six months is allowed to develop the plan and 18 months to implement the plan.  Provisions for extension are allowed.

If a district chooses not to participate, the Department of Ecology shall retain its authority consistent with the intent of this act.  If a district determines it cannot continue to participate on any case, it shall rerefer the case to the Department of Ecology.

In the event a complaint recurs or an emergency exists and the landowner has refused to cooperate with the district or make a good faith effort to solve the problem, notice shall be given that failure to take corrective action may result in enforcement.

Resource damage assessments shall not be collected if the individual causing the agricultural nonpoint damage is making a good faith effort to plan or implement a plan and is utilizing 208 plan best management practices.

All actions of Ecology under this act shall be conducted with the advice and consent of the Conservation Commission.

Fiscal Note:    available

Senate Committee - Testified:   Mark Horton, DOE; Carol Jolly, DOE; Dan Corym, Dairy; Marlyta Deck, Cattlemen; Stu Trefry, Grange