SENATE BILL REPORT

SHB 609

BYHouse Committee on Environmental Affairs (originally sponsored by Representatives Kremen, Spanel, Braddock, Zellinsky, May, McMullen, Allen, Hine, Schmidt, Basich, Vekich, Hargrove, Beck, Miller, Fisch, S. Wilson, Taylor, Winsley, Walker, Betrozoff, J. Williams, B. Williams, Brough, Holm, Haugen, Jesernig and Sanders)

Requiring department of ecology to look at local factors in phased in compliance schedules for secondary water treatment.

House Committe on Environmental Affairs

Senate Committee on Parks & Ecology

Senate Hearing Date(s):March 30, 1987; April 1, 1987

Majority Report:     Do pass as amended.

     Signed by Senators Kreidler, Chairman; Bluechel, Kiskaddon.

Senate Staff:Henry Yates (786-7708)

                April 1, 1987

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

BACKGROUND:

The federal Clean Water Act, which passed Congress in 1972, required municipal wastewater to be treated at a secondary level.  Secondary treatment removes substantially more toxic chemicals, bacteria and viruses than does primary sewage treatment.  A 1977 amendment to the federal law allowed communities that discharge waste into marine waters and could prove that there would be no environmental degradation to receive a five year waiver from the secondary treatment requirement. Also, they must concur in the federal decision to grant a waiver. Many communities around the country applied to the federal Environment Protection Agency (EPA) for a waiver, including several Puget Sound municipalities.

All of the 32 Puget Sound communities that requested secondary treatment waivers had their applications denied by the federal government.  Many claim that this happened in part, because the Department of Ecology was unwilling to concur with federal approvals of waiver applications.  Presently, several Puget Sound municipalities are required to install secondary treatment.  Some have been given until 1991 and others are still negotiating a schedule for installation.  The federal law says that all secondary treatment must be installed by July 1, 1988.  The cost is expected to be more than $1 billion, raising rates substantially.

In 1986, as part of the Water Pollution Control Facilities Financing Act, the Legislature authorized the Department of Ecology to provide phased in compliance schedules for secondary treatment.  The Department was directed to consider the federal criteria in determining the length of time to be granted for compliance.

SUMMARY:

The Department of Ecology shall allow phased in compliance schedules for secondary treatment.  Schedules may be extended up to December 31, 1995.

The Department no longer must consider federal criteria, but instead must consider the following:  (1) the quality of the receiving waters and potential impacts on public health; (2) the amount of money available to local governments; (3) the cost to ratepayers if there was no state assistance; and (4) the economic condition of the affected city or county.

SUMMARY OF PROPOSED SENATE AMENDMENT:

Compliance schedules must include a reserve account or similar fund to carry out the schedule.  Schedules must also include specified time periods for various phases of the secondary treatment project and at the end of each significant time period, the local government must report to the Department on its progress.

Fiscal Note:    requested

Effective Date:The bill contains an emergency clause and takes effect immediately.

Senate Committee - Testified:   Representative Pete Kremen, original sponsor; Tim Douglas, Mayor of Bellingham; Carol Jolly, Department of Ecology