Z-354                 _______________________________________________

                                                    HOUSE BILL NO. 447

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State of Washington                              50th Legislature                              1987 Regular Session

By Representatives Rust, Unsoeld, Todd and Allen; by request of Governor Gardner

Read first time 1/28/87 and referred to Committee on Environmental Affairs.

AN ACT Relating to water pollution control; amending RCW 90.48.460 and 90.48.190; and creating a new section.

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

NEW SECTION. Sec. 1.     It is the intent of the legislature to provide the department of ecology with the necessary resources to adequately administer federal and state water quality discharge permits.  In doing this, the legislature intends to improve water quality state-wide by enhancing the ability of the department of ecology to adequately monitor dischargers into state ground and surface waters and implement water pollution control laws.

        Sec. 2.  Section 4, chapter 249, Laws of 1985 and RCW 90.48.460 are each amended to read as follows:

(1) The department of ecology shall collect administrative expenses from any person or entity holding a permit or requesting action of the department pertaining to the processing of applications for and the administration of permits provided in RCW 90.48.160, 90.48.162, and 90.48.260.  For the purposes of this section, "administrative expenses" shall mean the ((total actual)) costs directly related to each activity, or classes or categories of activities, including directly associated overhead expenses incurred by the department in processing such permit applications, monitoring compliance, including monitoring compliance with delegated pretreatment programs, engaging in inspections, review of plans and documents required by permits, and securing laboratory support, except that such administrative expenses shall not include costs related to enforcement actions, including follow-up inspections, that extend beyond routine compliance monitoring and inspections.

(2) The department of ecology shall ensure that indirect dischargers do not pay twice for the administrative expenses of a permit.  Accordingly, administrative expenses for permits issued by a city, town, or municipal corporation under RCW 90.48.165 are not recoverable by the department.

(3) By March 31, 1988, the department of ecology shall develop a fee schedule to implement this section.  Fees for administrative expenses shall be assessed prospectively on an annual basis beginning July 1, 1988, on all existing permits and on all permit applications included under this section.  Separate categories shall be established for permit holders who elect to delegate monitoring activities to the department, if the department determines that such an option should be provided.  After establishing the initial fee schedule in July, 1988, the department shall adjust the fee schedule no more than once every two years.  In establishing any fee schedule under this section, the department shall consider the economic impact of fees on small dischargers and the economic impact of fees on public entities required to obtain permits for stormwater runoff and provide appropriate adjustments.

(4) Beginning in 1989, the department of ecology shall submit a report to the legislature by January 31 of each year describing the actions it has taken over the past calendar year to improve the administrative efficiency of the federal and state water quality permit systems.

(5) All fees collected under this section shall be deposited in the water quality permit account, which is hereby created in the state treasury.  Money in the account collected from fees shall be expended exclusively by the department of ecology for the purposes of this chapter, subject to legislative appropriation.  Other funds deposited in this account may also be used for the purposes of this chapter.

        Sec. 3.  Section 4, chapter 71, Laws of 1955 as amended by section 17, chapter 13, Laws of 1967 and RCW 90.48.190 are each amended to read as follows:

          A permit shall be subject to termination upon thirty days' notice in writing if the commission finds:

          (1) That it was procured by misrepresentation of any material fact or by lack of full disclosure in the application;

          (2) That there has been a violation of the conditions thereof;

          (3) That a material change in quantity or type of waste disposal exists; or

(4) That an applicant or permittee has failed to pay required fees under RCW 90.48.460.

NEW SECTION. Sec. 4.     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.