H-1672              _______________________________________________

                                                   HOUSE BILL NO. 1054

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Representative Lewis

Read first time 2/23/87 and referred to Committee on Health Care.

AN ACT Relating to enforcement of water systems standards; and adding new sections to chapter 70.119 RCW.

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

NEW SECTION. Sec. 1.     (1) The department has the responsibility to enforce primary drinking water regulations.  Primary drinking water regulations are those regulations that are necessary to protect health or that are sufficiently related to the protection of health to justify enforcement at public expense.  The department shall adopt rules defining primary drinking water standards.

          (2) Customers of public water supply systems have the primary responsibility to enforce secondary drinking water regulations.  Secondary drinking water regulations are all drinking water regulations that are necessary to protect the public welfare, but are not primary drinking water regulations. The department shall adopt rules defining secondary drinking water standards.

NEW SECTION. Sec. 2.     All persons operating or constructing any public water supply system shall comply with all state and federal statutes and regulations relating to the public water supply systems.

NEW SECTION. Sec. 3.     (1) A customer of a public water supply system:

          (a) May bring an action in superior court to enforce by injunction a statute or regulation governing drinking water;

          (b) Has the remedies available under chapter 7.72 RCW; and

          (c) Has the remedies available under Title 62A RCW.

          (2) In an action by a customer of a public water supply system brought pursuant to this section, if the customer prevails the court may award to the customer reasonable attorneys' fees associated with bringing the action.

          (3) The department may intervene in any action brought pursuant to this section.

NEW SECTION. Sec. 4.     Sections 1 through 3 of this act are each added to chapter 70.119 RCW.

NEW SECTION. Sec. 5.     If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.