H-1124 _______________________________________________
HOUSE BILL NO. 543
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State of Washington 50th Legislature 1987 Regular Session
By Representatives Madsen, Fisch, Miller, Rasmussen, Baugher, Doty, Spanel, Brooks and Nealey
Read first time 1/30/87 and referred to Committee on Agriculture & Rural Development.
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 two hundred eight wastewater management planning process 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) If a previously referred nonpoint water pollution complaint recurs, the conservation district shall again contact the party conducting agricultural activities on the land in question. If a problem is found not to exist or measurable progress has been made to curtail pollution sources, the conservation district shall notify the department of ecology of its findings and no action may be taken against the person. Additionally, if weather conditions, cropping and harvesting responsibilities, or other events or conditions beyond the person's control have prevented the timely implementation of corrective measures, the conservation district shall afford the person ample time for implementation. Only in cases where the responsible person has refused more than three times to address pollution problems may the conservation district 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.