H-1274              _______________________________________________

                                                    HOUSE BILL NO. 571

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Representatives Grant, Hankins, Jesernig, Prince, Rayburn, Nealey, Brooks, Brough, L. Smith, D. Sommers, May and Miller

Read first time 2/2/87 and referred to Committee on Local Government.  Referred to Committee on Environmental Affairs 2/4/87.

AN ACT Relating to municipal water treatment plants; and amending RCW 90.52.040 and 90.54.020.

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

        Sec. 1.  Section 4, chapter 160, Laws of 1971 ex. sess. and RCW 90.52.040 are each amended to read as follows:

Except as provided in RCW 90.54.020(3)(b), in the administration of the provisions of chapter 90.48 RCW, the director of the department of ecology shall, regardless of the quality of the water of the state to which wastes are discharged or proposed for discharge, and regardless of the minimum water quality standards established by the director for said waters, require wastes to be provided with all known, available, and reasonable methods of treatment prior to their discharge or entry into waters of the state.

        Sec. 2.  Section 2, chapter 225, Laws of 1971 ex. sess. and RCW 90.54.020 are each amended to read as follows:

          Utilization and management of the waters of the state shall be guided by the following general declaration of fundamentals:

          (1) Uses of water for domestic, stock watering, industrial, commercial, agricultural, irrigation, hydroelectric power production, mining, fish and wildlife maintenance and enhancement, recreational, and thermal power production purposes, and preservation of environmental and aesthetic values, and all other uses compatible with the enjoyment of the public waters of the state, are declared to be beneficial.

          (2) Allocation of waters among potential uses and users shall be based generally on the securing of the maximum net benefits for the people of the state.  Maximum net benefits shall constitute total benefits less costs including opportunities lost.

          (3) The quality of the natural environment shall be protected and, where possible, enhanced as follows:

          (a) Perennial rivers and streams of the state shall be retained with base flows necessary to provide for preservation of wildlife, fish, scenic, aesthetic and other environmental values, and navigational values.  Lakes and ponds shall be retained substantially in their natural condition.  Withdrawals of water which would conflict therewith shall be authorized only in those situations where it is clear that overriding considerations of the public interest will be served.

          (b) Waters of the state shall be of high quality.  Regardless of the quality of the waters of the state, all wastes and other materials and substances proposed for entry into said waters shall be provided with all known, available, and reasonable methods of treatment prior to entry.  Notwithstanding that standards of quality established for the waters of the state would not be violated, wastes and other materials and substances shall not be allowed to enter such waters which will reduce the existing quality thereof, except in those situations where it is clear that overriding considerations of the public interest will be served.  Technology-based effluent limitations or standards for discharges for municipal water treatment plants shall be adjusted to reflect credit for substances removed from the plant intake water if:

(i) The municipality demonstrates that the intake water is drawn from the same body of water into which the discharge is made; and

(ii) The municipality demonstrates that no violation of receiving water quality standards or appreciable environmental degradation will result.

          (4) Adequate and safe supplies of water shall be preserved and protected in potable condition to satisfy human domestic needs.

          (5) Multiple-purpose impoundment structures are to be preferred over single-purpose structures.  Due regard shall be given to means and methods for protection of fishery resources in the planning for and construction of water impoundment structures and other artificial obstructions.

          (6) Federal, state, and local governments, individuals, corporations, groups and other entities shall be encouraged to carry out practices of conservation as they relate to the use of the waters of the state.

          (7) Development of water supply systems, whether publicly or privately owned, which provide water to the public generally in regional areas within the state shall be encouraged.  Development of water supply systems for multiple domestic use which will not serve the public generally shall be discouraged where water supplies are available from water systems serving the public.

          (8) Full recognition shall be given in the administration of water allocation and use programs to the natural interrelationships of surface and ground waters.

          (9) Expressions of the public interest will be sought at all stages of water planning and allocation discussions.

          (10) Water management programs, including but not limited to, water quality, flood control, drainage, erosion control and storm runoff are deemed to be in the public interest.