SENATE BILL REPORT

SB 5917

BYSenators Sellar, Vognild, Matson, Benitz, Bauer, Hansen, Barr, Stratton and Newhouse

Empowering the water quality authority to adopt goals for water and sediment quality set forth in the plan.

Senate Committee on Environment & Natural Resources

Senate Hearing Date(s):February 28, 1989; March 1, 1989

Majority Report:  That Substitute Senate Bill No. 5917 be substituted therefor, and the substitute bill do pass.

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

Minority Report:  Do not pass.

      Signed by Senator Kreidler.

Senate Staff:Gary Wilburn (786-7453)

                  March 1, 1989

AS REPORTED BY COMMITTEE ON ENVIRONMENT & NATURAL RESOURCES, MARCH 1, 1989

BACKGROUND:

In 1985 the Legislature found that Puget Sound and related inland marine waterways represent a unique and unparalleled resource; that residents of the region enjoy a way of life centered around the waters of Puget Sound; and that their activities depend upon a clean and healthy marine resource.  It also found that a large number of governmental entities have diverse interests and limited jurisdictions which cannot adequately address cumulative, wide-ranging impacts contributing to the degradation of Puget Sound.  To address these needs the Legislature created the Puget Sound Water Quality Authority, and directed the Authority to develop a comprehensive water quality management plan for Puget Sound, to be implemented by existing state and local government agencies.

The plan is required to be a positive document prescribing needed actions for maintenance and enhancement of Puget Sound water quality.  Among other requirements, the plan must include recommendations for guidelines, standards and timetables for protection and clean-up activities, and establishment of priorities for major clean-up investments, as well as projected costs of such priorities.  It must also include recommendations for a comprehensive water quality and sediment monitoring program, and recommendations for implementation mechanisms to be used by state and local government agencies.  Several other plan elements are also specified.  In conducting planning, regulatory and appeals actions, state and local governments identified in the plan must incorporate as applicable the plan provisions, including guidelines, standards and timetables.

Elements P-2 and P-3 of the 1989 Puget Sound Water Quality Management Plan directs the Department of Ecology to adopt by June 30, 1989, standards for identifying and designating sediments that have acute or chronic adverse effects on biological resources or pose a significant health risk to humans, and criteria governing dilution zones for sediment impacts.  An advisory committee was to be formed to assist in developing the standards.  The standards are to be the desired goal for sediment quality in implementing various regulatory programs.

The State Water Pollution Control Act authorizes the Department of Ecology to adopt rules and regulations relating to standards for water quality and for substances discharged to state waters.  These are to be the highest possible standards to insure the purity of all waters of the state consistent with public health and public enjoyment thereof, the propagation and protection of wildlife, birds, game, fish and other aquatic life, and the industrial development of the state, and to require the use of all known, available and reasonable treatment methods.

SUMMARY:

The Legislature makes findings regarding the importance of certain water-dependent uses and industries which potentially impact Puget Sound waters, and recognizes that human activities and a viable commerce and economy necessarily impacts Puget Sound areas.  The goal of the act is to reduce impacts consistent with the maintenance of the economic viability of uses of the Sound.

The water quality management plan is to establish goals, rather than recommend guidelines and standards, for protection and clean-up activities.  Sediment quality goals are to take into account the significance of risk to human health and the environment and the beneficial uses of areas of the Sound.  State agencies and local governments are to incorporate the goals as appropriate in conducting planning, regulatory and appeals actions.

The Department of Ecology shall establish standards or programs for water and sediment quality to progress toward achieving the plan's goals.  The standards or programs shall take into account the existing beneficial uses of the area, feasible and cost-effective contaminant reduction, the level of risk to human health and the environment, and the need for and likelihood of achieving significant biological improvements.  Sediment plan goals or standards adopted by the Department of Ecology shall not be applicable as cleanup standards under state or federal law.

EFFECT OF PROPOSED SUBSTITUTE:

All of the provisions of the original bill are stricken.

The Administrative Procedure Act shall apply to the adoption of the water quality management plan and all other decisions of the Authority.  The Director of the Department of Ecology shall approve each element of the plan and make necessary modifications before final adoption by the Authority.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: Kathy Fletcher, Puget Sound Water Quality Authority (con); Kirk Thomson, Boeing (pro); Randy Ray, Shipyard Environmental Coalition (pro); Marvin Durning (con); Earl Tower, Department of Ecology (con); Llewellyn Matthews, Northwest Pulp and Paper Association (pro)