H-1975              _______________________________________________

                                           SUBSTITUTE HOUSE BILL NO. 543

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By House Committee on Agriculture & Rural Development (originally sponsored by Representatives Madsen, Fisch, Miller, Rasmussen, Baugher, Doty, Spanel, Brooks and Nealey)

Read first time 2/23/87 and passed to Committee on Rules.

AN ACT Relating to agricultural activities; and adding new sections to chapter 90.48 RCW.

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

NEW SECTION. Sec. 1.     (1) Complaints received by the department of ecology of nonpoint source water pollution from agricultural lands shall be referred to the conservation district office in the jurisdiction where the land is located.  The conservation district shall contact the person conducting agricultural activities on the land in question.  Following consultation with the person and assessment of agricultural activities being conducted on the land, the conservation district shall determine if a nonpoint source pollution problem exists.

          Following the consultation the conservation district shall provide a written report of its findings to the person.  The report shall be retained in the conservation district office, and all identifying information shall be held confidentially.  The conservation district shall inform the department of ecology that contact with the responsible party has been made.

          (2) In the event measurable water pollution is attributable to agricultural activities, the conservation district shall offer assistance to the person in the form of information, education, technical assistance, and, if available, cost share and other incentives.  The conservation district support may include the development of a cooperative farm plan, employing the wastewater management planning process referenced in section 208 of the 1972 federal water pollution control act, P.L. 92-500,  or equivalent measures.  The person has the option of accepting all or part of the assistance offered by the conservation district, or choosing to solve the pollution problem on his or her own.

          (3) Whether a person chooses to accept the assistance of the conservation district or chooses otherwise, a period of six months shall be allowed for the development of a plan.  Following the development of the plan, a period of up to eighteen months shall be allowed for implementation.  Provisions shall be made for an extension of the deadline in the event the schedule is disrupted due to weather conditions, cropping and harvesting responsibilities, or other events or conditions beyond the person's control, or to correct an error in estimating the time required for completion.

          (4) If a previously referred nonpoint water pollution complaint recurs, and the person has not undertaken the cooperative planning process, and/or implementation of a cooperative plan, or has not otherwise taken steps to solve the nonpoint water pollution problem, the conservation district shall rerefer the complaint to the department of ecology for enforcement.

NEW SECTION. Sec. 2.     The department of ecology shall enter a contract with each conservation district in the state to fund the activities of the district required by section 1 of this act. The department may use federal water pollution control moneys, consistent with federal law, to provide a portion of the funding required to implement this section.  Moneys distributed under RCW 70.146.060(6) shall not be considered as satisfying, in whole or in part, the requirements of this section.

          Moneys shall be distributed to the districts at the beginning of each fiscal year to fund the activities of the districts for that year under such contracts.  The amount of the moneys to be distributed to a district shall be based upon the activities estimated to be required of the district during the fiscal year as determined under a formula developed by the department.

NEW SECTION. Sec. 3.     Sections 1 and 2 of this act shall be administered by the department of ecology with the advice and consent of the state conservation commission.

NEW SECTION. Sec. 4.     Sections 1 through 3 of this act are each added to chapter 90.48 RCW.