SENATE BILL REPORT

SB 5561

BYSenators Barr, Sutherland, Benitz, Vognild, DeJarnatt, Sellar, Hansen, Bauer, Patterson and Nelson

Assisting fin fish culture facilities.

Senate Committee on Environment & Natural Resources

Senate Hearing Date(s):February 6, 1989; February 27, 1989

Majority Report:  That Substitute Senate Bill No. 5561 be substituted therefor, and the substitute bill do pass.

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

Senate Staff:Vic Moon (786-7469)

                  February 28, 1989

AS REPORTED BY COMMITTEE ON ENVIRONMENT & NATURAL RESOURCES, FEBRUARY 27, 1989

BACKGROUND:

The present public policy is to ensure the purity of state waters by maintaining the highest standards for water quality consistent with public health and enjoyment.  This includes the protection and propagation of wildlife, birds, game, fish and other aquatic life and regulation of any industrial development which would adversely affect water quality.  All known and reasonable methods to prevent and control pollution of state waters (RCW 90.48.010) should be used.

Fish rearing facilities are non-consumptive users of water, and return the water to its source.  Prior to discharge, the water from a fish hatchery must be treated to prevent degradation of water quality required by Department of Ecology.

The fish farming industry reports there are constant delays in administering the wastewater discharge permits by the Department of Ecology.  These delays have curtailed the advancement of the fish farming industry which directly is contrary to both legislative policy and the Governor's program to promote aquaculture.  There are no clear or consistent DOE standards for issuing permits and permit issuance is currently backlogged up to five years.

SUMMARY:

This act will establish higher standards and more effective controls of water discharge than present Department of Ecology procedures.  These higher standards are based on a two-year Environmental Protection Agency study.  Upland fin fish rearing facilities are defined and identified as the industry that comes under water quality standards applicable in the Stipulated Agreement and Settlement reached between the United States Environmental Protection Agency, Region 10, and the Idaho trout farmers.  These standards are based on a two-year EPA study of Idaho fish hatchery operations and practices.  These standards are more stringent than present DOE internal policy.

If the Department of Ecology does not act upon an application for a fish rearing facility discharge permit within 60 days, the applicant is deemed to have received a permanent permit.

EFFECT OF PROPOSED SUBSTITUTE:

The proposal is limited to upland fin fish hatching and rearing facilities, eliminating any applicability to salmon hatcheries and net pens.  The Department of Ecology shall adopt waste discharge standards by rule by September 30, 1989, and shall issue a general federal Clean Water Act permit for upland fin fish facilities.  Specific permits shall be issued within 180 days time unless further public participation is needed.

The department must require a permit if the facility is required to have a federal discharge permit or if the permit is needed to implement the state Clean Water Act.

An emergency clause is added.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: John Woodring, citizen (pro); Kahler Martinson, Department of Fisheries (con); Steve Arbaugh, Puget Sound Gillnet Association (con); Stan Springer, Department of Ecology (con); Elizabeth Tabbutt, Washington Environmental Council (con); Dan Swecker, Swecker Salmon Farms (pro); Edward McLeory, Troutlodge (pro); Denis Schumaker, citizen (pro); Carol Jolly, Department of Ecology (pro)