HOUSE BILL REPORT

SSB 5561

As Amended by the House

BYSenate Committee on Environment & Natural Resources (originally sponsored by Senators Barr, Sutherland, Benitz, Vognild, DeJarnatt, Sellar, Hansen, Bauer, Patterson and Nelson)

Assisting fin fish culture facilities.

House Committe on Fisheries & Wildlife

Majority Report:  Do pass.  (7)

      Signed by Representatives R. King, Chair; Morris, Vice Chair; S. Wilson, Ranking Republican Member; Basich, Bowman, Cole and Spanel.

House Staff:Robert Butts (786-7841)

AS PASSED HOUSE APRIL 10, 1989

BACKGROUND:

With several exceptions, private upland fish rearing facilities must obtain both federal and state permits prior to discharging water and effluent into state waters.  However, since the Department of Ecology has been delegated the responsibility for issuing federal discharge permits, the department is responsible for both the state and federal permit programs.

Under both state and federal laws, "general permits" may be issued. General permits are used when a large number of discharges dispose similar types of effluent.  Standard permit requirements are developed under the general permits, and if a discharger meets the qualification criteria in the general permit, a individual permit review is not required.

Under state law, if the Department of Ecology does not act on a discharge permit application within 60 days, the applicant shall be deemed to have received a "temporary permit" and may begin to make discharges.  No such provision exists for federal permits.

Federal law allows specified small discharges that would result in no or minimal impacts to occur without a permit.  Upland hatchery operations with a production of less than 20,000 pounds a year have been exempted from federal permit requirements under this provision. State law has no similar permit exemption for operations with small discharges.

The Department of Ecology has a lengthy backlog (in some cases, longer than two years) of applications for federal and state discharge permits for upland fin fish rearing facilities.  Since federal law prohibits applicants from discharging until a permit is received, upland hatchery applications for facilities producing more than 20,000 pounds a year are not able to begin operations.

In addition, the department does not have effluent and treatment guidelines for upland hatcheries, which has resulted in inconsistent permit requirements when permits are issued.

SUMMARY:

By September 30, 1989, the Department of Ecology shall adopt standards for waste discharges from upland fin fish hatching and rearing facilities, and shall issue a general permit for these facilities.

Applications for coverage under the general permit shall be approved or denied within 180 days unless public participation requirements require more time.

The department may by rule eliminate permit requirements for disposing of wastes from upland fin-fish rearing facilities unless a federal waste disposal permit is required, a state permit will be required.

Fiscal Note:      Requested March 8, 1989.

House Committee ‑ Testified For:    Stan Springer, Department of Ecology; Loren Stern, Department of Fisheries; and Jim Zimmerman, Troutlodge, Inc.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    The bill will reduce delay and uncertainty for upland fin fish operators, but will continue to ensure the environment is protected. Fish growers and state agencies worked cooperatively in drafting the bill.

House Committee - Testimony Against:      None Presented.