SENATE BILL REPORT

SB 5075

BYSenator Smith

Changing provisions relating to investigation of water pollution.

Senate Committee on Environment & Natural Resources

Senate Hearing Date(s):January 25, 1989; January 26, 1989

Majority Report:  That Substitute Senate Bill No. 5075 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Metcalf, Chairman; Amondson, Vice Chairman; Barr, Benitz, DeJarnatt, Kreidler, Owen, Patterson, Sutherland.

Senate Staff:Barry Brandon (786-7717)

                  January 30, 1989

AS REPORTED BY COMMITTEE ON ENVIRONMENT & NATURAL RESOURCES, JANUARY 26, 1989

BACKGROUND:

Under the Water Pollution Control Act (RCW 90.48), the Department of Ecology has the authority to subpoena witnesses and require the production of books which relate to a matter the department is considering.  The instances in which subpoena powers are granted are:  (1) in the promulgation of rules and regulations; (2) when considering an application or termination of a discharge permit; (3) in contested cases.

During the course of inspecting and investigating conditions relating to water pollution, the department has found it necessary to request papers and documents from individuals involved in the incident.

SUMMARY:

During the inspection or investigation of conditions relating to water pollution, the Department of Ecology may subpoena and compel witnesses to appear before the department or its authorized employee, agent or contractor to give testimony or produce documents.

EFFECT OF PROPOSED SUBSTITUTE:

The Department of Ecology is provided with subpoena power during the inspection and investigation of conditions related to water pollution.  All department personnel and equipment are subject to established sterilization procedures prior to entering fish culture units and must provide three days' notice prior to entry.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: Stan Springer, Department of Ecology (for); Robert Taylor, Alcoa (against); Jim Zimmerman, Trout Lodge, Inc.