AN ACT Relating to open water dredge disposal; and adding a new chapter to Title 90 RCW.

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

NEW SECTION. Sec. 1. The legislature finds that the commerce and economic interests of the state requires dredging in shoreline areas of the state to maintain the navigability of state waters. To assure coordinated, economical, and environmentally sound disposal of dredged materials, the legislature finds that:

(1) State-wide management of open water dredge disposal sites will best serve the public interest;

(2) Responsible siting and management of open water dredge disposal sites requires an effective planning process that involves local, state, and federal governments, the public, and industry;

(3) Subject to the provisions of this chapter, local government's authority to approve, deny, or otherwise regulate the siting of open water dredge disposal areas should be preempted and vested in the department of ecology as sole authority of this state to approve, deny, and regulate open water disposal of dredge materials;

(4) No local ordinance, permit, other requirement, or decision should prohibit or limit the practical operation and availability of the open water sites approved and regulated by the department of ecology; and

(5) No local agency should authorize any site for open water disposal except as provided in this chapter.

NEW SECTION. Sec. 2. The purpose of this chapter is to establish a comprehensive state-wide framework for locating, regulating, controlling, and managing open water dredge disposal sites. To this end, it is the purpose of this chapter:

(1) To provide broad powers of regulation to the department of ecology relating to the management of open water dredge disposal sites;

(2) To promote cooperation between state and local governments by assigning responsibilities for planning, regulating, and managing open water dredge disposal; and

(3) To assure that needed open water dredge disposal sites are available in the state and to ensure their safe operation.

NEW SECTION. Sec. 3. (1) The department of ecology shall develop a state open water dredge disposal plan. The plan shall include, but not be limited to, the following elements:

(a) A state inventory and assessment of the capacity of existing open water dredge disposal sites;

(b) A forecast of the future need for open water dredge disposal;

(c) Location of specific sites, based on siting criteria as are appropriate for the designation of such sites: PROVIDED, HOWEVER, That the department may permit the continued operation of existing open water dredge disposal sites, even if inconsistent with the plan, for a period of not more than three years, upon a general finding that such transition is needed for the orderly implementation of its plan;

(d) Siting policies deemed appropriate by the department;

(e) Regulatory and monitoring provisions necessary to protect the environment; and

(f) A plan or program to provide appropriate public information and education relating to open water dredge disposal.

(2) In carrying out the purposes of this section, the department shall consult with and respond to the comments of the Puget Sound water quality authority, the department of natural resources, the United States Army corp of engineers, the environmental protection agency, and other federal, state, and local public agencies, as appropriate.

(3) The department should encourage the comments of citizens, business, and industry, environmental groups, and other interested entities in the development of the plan.

(4) A plan shall be promulgated by the department no later than December 31, 1987.

NEW SECTION. Sec. 4. (1) Within sixty days of the adoption by the department of the open water dredge disposal plan, each local government is directed to amend its shoreline master program as necessary to make the local master program consistent with the state-wide open water dredge disposal plan. If a local government fails to adopt such amendments, the department may promulgate amendments to the local master program in order to bring that program into compliance with the department's plan.

(2) If any local government wishes to contest the state plan as it may apply to its shorelines, it may request a hearing before the department based on a specific alternative plan of the local government. Such alternative shall be supported by technical and scientific data, and shall reasonably support the objective of this chapter by providing for the disposal of dredge materials. A request for hearing must be filed within thirty days of the department's approval of its plan, and the hearing shall be held by the department within thirty days of receipt of the request. The department may accept, accept in part, or deny approval of the local alternative. The department's ruling shall be final thirty days after issue, unless the ruling is appealed to the pollution control hearing board. If the plan is appealed, the burden shall be on the local government to show the state plan is arbitrary and fails to comply with the provisions of this chapter.

NEW SECTION. Sec. 5. (1) As of the effective date of this section, the state preempts the siting, location, design, permitting, monitoring, and regulating of open water dredge disposal: PROVIDED, HOWEVER, That the department of ecology may by agreement delegate to other state agencies or departments, municipalities, or political subdivisions of the state, exercise of monitoring, permitting or regulating authority with respect to such facilities on behalf of the department. Permits issued by the department, or under the department's authority, for open water dredge disposal shall be in lieu of any and all permits, approvals, certifications, or conditions by any other state, municipal, regional, or local governmental authority, including, for the purposes of this chapter, the exercise of any proprietary or ownership interest of the state in such sites.

(2) In the event that any of the provisions of this chapter, or any of the regulations promulgated hereunder, are in conflict with any other state law or regulations, such other law or regulations shall be deemed superseded.

NEW SECTION. Sec. 6. Any disputes between the department, other state agencies, and the governing bodies of local governments under this chapter shall be appealed by the department, other state agency or the governing body of the local government to the pollution control hearings board established under chapter 43.21B RCW, and the findings of such board shall be final as to such agencies.

NEW SECTION. Sec. 7. The department may provide technical assistance to local governments in the preparation, review, revision, and implementation of the amendments to local master programs to comply with the provisions of this chapter.

NEW SECTION. Sec. 8. This chapter shall be known and may be cited as the "Open Water Dredge Disposal Act".

NEW SECTION. Sec. 9. Sections 1 through 8 of this act shall constitute a new chapter in Title 90 RCW.