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HOUSE BILL NO. 1325
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AS AMENDED BY THE SENATE
C 220 L 88
State of Washington 50th Legislature 1988 Regular Session
By Representatives Rust, Walker, Unsoeld, Schoon and Winsley; by request of Department of Ecology
Read first time 1/12/88 and referred to Committee on Environmental Affairs.
AN ACT Relating to the authority to administer federal clean water act programs; amending RCW 90.48.260; and adding a new section to chapter 90.48 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. Section 24, chapter 13, Laws of 1967 as last amended by section 1, chapter 270, Laws of 1983 and RCW 90.48.260 are each amended to read as follows:
The
department of ecology is hereby designated as the State Water Pollution Control
Agency for all purposes of the federal clean water act as ((amended)) it
exists on February 4, 1987, and is hereby authorized to participate fully
in the programs of the act as well as to take all action necessary to secure to
the state the benefits and to meet the requirements of that act. With
regard to the national estuary program established by section 320 of that act,
the department shall exercise its responsibility jointly with the Puget Sound
water quality authority. The powers granted herein include, among others,
and notwithstanding any other provisions of chapter 90.48 RCW or otherwise, the
following:
(1) Complete authority to establish and administer a comprehensive state point source waste discharge or pollution discharge elimination permit program which will enable the department to qualify for full participation in any national waste discharge or pollution discharge elimination permit system and will allow the department to be the sole agency issuing permits required by such national system operating in the state of Washington subject to the provisions of RCW 90.48.262(2). Program elements authorized herein may include, but are not limited to: (a) Effluent treatment and limitation requirements together with timing requirements related thereto; (b) applicable receiving water quality standards requirements; (c) requirements of standards of performance for new sources; (d) pretreatment requirements; (e) termination and modification of permits for cause; (f) requirements for public notices and opportunities for public hearings; (g) appropriate relationships with the secretary of the army in the administration of his responsibilities which relate to anchorage and navigation, with the administrator of the environmental protection agency in the performance of his duties, and with other governmental officials under the federal clean water act; (h) requirements for inspection, monitoring, entry, and reporting; (i) enforcement of the program through penalties, emergency powers, and criminal sanctions; (j) a continuing planning process; and (k) user charges.
(2) The power to establish and administer state programs in a manner which will insure the procurement of moneys, whether in the form of grants, loans, or otherwise; to assist in the construction, operation, and maintenance of various water pollution control facilities and works; and the administering of various state water pollution control management, regulatory, and enforcement programs.
(3) The power to develop and implement appropriate programs pertaining to continuing planning processes, area-wide waste treatment management plans, and basin planning.
The governor shall have authority to perform those actions required of him or her by the federal clean water act.
NEW SECTION. Sec. 2. A new section is added to chapter 90.48 RCW to read as follows:
In implementing this chapter and in participating in programs under the federal clean water act, the department may consult with the department of social and health services concerning standards for repair of existing, failing on-site sewage disposal systems that are adjacent to marine waters. By January 1, 1989, the department of social and health services shall propose rules for adoption by the state board of health identifying the standards for repair of existing, failing on-site sewage disposal systems at single-family residences that were legally occupied prior to the effective date of this act and that are adjacent to marine waters. The rules may specify the design, operation and maintenance standards for such repaired systems so as to ensure protection of the public health, attainment of state water quality standards and the protection of shellfish and other public resources. The rules shall also provide that any proposed discharge to marine water shall be considered only if on-site sewage disposal systems are not feasible and that such discharges shall meet the requirements of this chapter and department of ecology regulations. The state board of health shall adopt such proposed rules unless the board finds modification or rejection of them necessary to protect the public health.