HOUSE BILL REPORT

SSB 5075

BYSenate Committee on Environment & Natural Resources (originally sponsored by Senator Smith)

Changing provisions relating to investigation of water pollution.

House Committe on Environmental Affairs

Majority Report:  Do pass with amendments.  (12)

      Signed by Representatives Rust, Chair; Valle, Vice Chair; D. Sommers, Ranking Republican Member; Brekke, G. Fisher, Fraser, Phillips, Pruitt, Schoon, Sprenkle, Van Luven and Walker.

House Staff:Bonnie Austin (786-7107)

AS REPORTED BY COMMITTEE ON ENVIRONMENTAL AFFAIRS MARCH 24, 1989

BACKGROUND:

Under the state Water Pollution Control Act, the Department of Ecology (Ecology) has the authority to subpoena witnesses and require the production of documents in certain situations.  These powers are currently granted when Ecology is: (1) Promulgating rules; (2) considering the application or termination of a discharge permit; and (3) adjudicating contested cases.

During the course of inspecting and investigating oil spills and other conditions relating to water pollution, Ecology has found it necessary to talk to witnesses and request papers and documents from individuals involved in the incident.

SUMMARY:

BILL AS AMENDED:  During the inspection and investigation of conditions relating to water pollution, Ecology is authorized to subpoena witnesses and require production of documents.

AMENDED BILL COMPARED TO SUBSTITUTE:  A provision requiring that all Ecology personnel and equipment be subject to established sterilization procedures prior to entering fish culture units and provide three days notice prior to entry is deleted.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Stan Springer, Department of Ecology; Jim Zimmerman, Troutlodge; Kirk Greider.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    During the investigation of several recent oil spills, involved parties have refused to talk to investigators.  Ecology has had difficulty obtaining documents during investigations relating to other shipping accidents.  This is necessary for Ecology to do proper investigations.

Language relating to fish culture unit investigations is unnecessary and could be harmful if an unscrupulous operator had three days notice to remove evidence.

House Committee - Testimony Against:      None Presented.