SENATE BILL REPORT

SB 5566

BYSenators Metcalf, Owen and Talmadge; by request of Department of Social and Health Services

Creating the safe drinking water act.

Senate Committee on Environment & Natural Resources

Senate Hearing Date(s):February 1, 1989; February 2, 1989

Majority Report:  That Substitute Senate Bill No. 5566 be substituted therefor, and the substitute bill do pass.

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

Senate Staff:Atsushi Kiuchi (786-7708)

                  February 2, 1989

AS REPORTED BY COMMITTEE ON ENVIRONMENT & NATURAL RESOURCES, FEBRUARY 2, 1989

BACKGROUND:

The State Board of Health directs the Department of Social and Health Services (DSHS) Office of Environmental Health Programs to carry out the state's drinking water program, RCW 43.20.050, "in order to protect public health."

The state's drinking water program dates back to the early 1900s.  The department is launching a major legislative effort to update as well as more clearly define responsibilities between other state agencies and local health jurisdictions.

The federal Safe Drinking Water Act was passed in 1976, updated in 1986 covering water quality standards, sampling, treatment and public notification requirements.  Without appropriate administrative and enforcement authority, the state may lose its primacy responsibility to implement the federal act.

The department has developed a four step enhancement strategy, covering four bienniums to bring the drinking water program into statutory, jurisdictional and staffing focus.  The plan is detailed in the department's report entitled "DSHS Drinking Water Program Overview."

SUMMARY:

The "Washington State Safe Drinking Water Act" updates, clarifies and broadens the State Board of Health (Board) and the Department of Social and Health Services' programs and authority.

The department shares the delegated authority to carry out the provisions of the federal Safe Drinking Water Act and to accept federal grants.

Rules and regulations cover standards for drinking water quality and public water supply system design.  Clarification and re-definition are given to the Board's authority for rules that indirectly protect public health including public water system planning, management, reporting and emergency response.

The department's primary enforcement authority is further defined as well as its enforcement relationship with other state and local health jurisdictions.  DSHS authority to enter agreements with local health districts is clarified.  The civil penalty process is simplified and improved.

Single family residences are exempted from provisions of this act.  The authority to declare a public health emergency is given to DSHS or the local health officer.

EFFECT OF PROPOSED SUBSTITUTE:

No rule or regulation adopted by the Department of Social and Health Services or the State Board of Health to come into compliance with the federal Safe Drinking Water Act shall be applicable to public water systems not covered by federal law unless the department or state health board determines that they are necessary to protect public health.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: FOR:  Eric Slagle, Paul Trause, DSHS; John Thayer, Washington State Environmental Health Directors; John Kirner, Washington Water Utilities Council