AN ACT Relating to aquifer protection areas; and amending RCW 36.36.010, 36.36.020, 36.36.030, and 36.36.040.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. Section 1, chapter 425, Laws of 1985 and RCW 36.36.010 are each amended to read as follows:

The protection of subterranean water from pollution or degradation is of great concern. The purpose of this chapter is to allow the creation of aquifer protection areas to finance the protection, monitoring, preservation, and rehabilitation of subterranean water, and to reduce special assessments imposed upon households to finance facilities for such purposes. Pollution and degradation of subterranean drinking water supplies pose immediate threats to the safety and welfare of the citizens of this state.

Sec. 2. Section 2, chapter 425, Laws of 1985 and RCW 36.36.020 are each amended to read as follows:

The county legislative authority of a county may create one or more aquifer protection areas for the purpose of funding the protection, preservation, and rehabilitation of subterranean water.

When a county legislative authority proposes to create an aquifer protection area it shall conduct a public hearing on the proposal. Notice of the public hearing shall be published at least once, not less than ten days prior to the hearing, in a newspaper of general circulation within the proposed aquifer protection area. The public hearing may be continued to other times, dates, and places announced at the public hearing, without publication of the notice. At the public hearing, the county legislative authority shall hear objections and comments from anyone interested in the proposed aquifer protection area.

After the public hearing, the county legislative authority may adopt a resolution causing a ballot proposition to be submitted to the registered voters residing within the proposed aquifer protection area to authorize the creation of the aquifer protection area, if the county legislative authority finds that the creation of the aquifer protection area would be in the public interest. The resolution shall: (1) Describe the boundaries of the proposed aquifer protection area; (2) find that its creation is in the public interest; (3) state the maximum level of fees for the withdrawal of water, or on-site sewage disposal, occurring in the aquifer protection area, or both; and (4) describe the uses for the fees.

An aquifer protection area shall be created by ordinances of the county if the voters residing in the proposed aquifer protection area approve the ballot proposition by a simple majority vote. The ballot proposition shall be in substantially the following form:

"Shall the ... (insert the name) aquifer protection area be created and authorized to impose monthly fees on ... (insert "the withdrawal of water" or "on-site sewage disposal") of not to exceed ... (insert a dollar amount(())) per household unit per month, or a dollar amount per gallon) for up to ... (insert a number of years) to finance ... (insert the type of activities proposed to be financed)?

!ttYes !sc×,10 !tt ...

!tlNo !w×!tl ... "

!ixIf both types of monthly fees are proposed to be imposed, maximum rates for each shall be included in the ballot proposition.

An aquifer protection area may not include territory located within a city or town without the approval of the city or town governing body, nor may it include territory located in the unincorporated area of another county without the approval of the county legislative authority of that county.

Sec. 3. Section 3, chapter 425, Laws of 1985 and RCW 36.36.030 are each amended to read as follows:

Aquifer protection areas are authorized to impose fees on the withdrawal of subterranean water and on on-site sewage disposal. The fees for on-site sewage disposal shall be expressed as a dollar amount per household unit per month. The fees for the withdrawal of subterranean water shall be expressed as either a dollar amount per household unit per month or a dollar amount per gallon of water that is withdrawn. Fees imposed for the withdrawal of water, or on-site sewage disposal, other than by households shall be expressed and imposed in equivalents of household units if the rate is expressed on a per household unit basis. If both types of fees are imposed, the rate imposed on on-site sewage disposal shall not exceed the rate imposed for the withdrawal of water.

No fees shall be imposed in excess of the amount authorized by the voters of the aquifer protection area. Fees shall only be used for the activity or activities authorized by the voters of the aquifer protection area. Ballot propositions may be submitted to the voters of an aquifer protection area to authorize a higher maximum level of such fees or to authorize additional activities for which the fees may be used. Such a ballot proposition shall be substantially in the form of that portion of the proposition to authorize the creation of an aquifer protection district that relates to fees or activities, as provided in RCW 36.36.020. Approval of the ballot proposition by simple majority vote shall authorize the higher maximum level of fees or additional activities for which the fees may be used.

A county may contract with existing public utilities to collect the fees, or collect the fees itself.

Sec. 4. Section 4, chapter 425, Laws of 1985 as amended by section 1, chapter 258, Laws of 1988 and RCW 36.36.040 are each amended to read as follows:

Aquifer protection areas may impose fees to fund:

(1) The preparation of a comprehensive plan to protect, preserve, and rehabilitate subterranean water. This plan may be prepared as a portion of a county sewerage and/or water general plan pursuant to RCW 36.94.030;

(2) The construction of facilities for: (a) The removal of water-borne pollution; (b) water quality improvement; (c) sanitary sewage collection, disposal, and treatment; and (d) storm water or surface water drainage collection, disposal, and treatment;

(3) The proportionate reduction of special assessments imposed by a county, city, town, or special district in the aquifer protection area for any of the facilities described in subsection (2) of this section; ((~~and~~))

(4) The costs of monitoring and inspecting on-site sewage disposal systems or community sewage disposal systems for compliance with applicable standards and rules, and for enforcing compliance with these applicable standards and rules in aquifer protection areas created after June 9, 1988; and

(5) The costs of monitoring the quality and quantity of subterranean water used for domestic purposes, and for enforcing compliance with standards and rules relating to the quality and quantity of subterranean water used for domestic purposes.