S-659                 _______________________________________________

                                                   SENATE BILL NO. 5561

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

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

Read first time 1/27/89 and referred to Committee on   Environment & Natural Resources.

AN ACT Relating to upland fin fish rearing facilities; amending RCW 90.48.200; and adding new sections to chapter 90.48 RCW.

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

NEW SECTION. Sec. 1.     The legislature recognizes that in 1985 it established the policy of this state to encourage the culture and propagation of fin fish within the state.  The legislature reiterates that upland fish rearing facilities provide fish for stocking, provide a consistent source of quality food, offer new employment opportunities, increase income stability, and improve the balance of trade.

          The legislature also finds that the culture of fish is a historic and important part of the recreational opportunities and aesthetic environment of the state of Washington.  The methods used in this culture process have been more than fifty years in developing.  Therefore, the legislature acknowledges the need for consistent, reasonable, and professionally acceptable water quality standards for state agencies regulating the culture, propagation, habitat, enhancement, and preservation of the state's fisheries.

          The legislature further recognizes that the culturing, propagation, habitat, enhancement, and preservation of fish are to be protected by clean water and are named as a priority in the national environmental policy act, the state environmental policy act, the clean water act, and other federal and state statutes.  The legislature therefore declares that all state agencies consider the advancement of fish culture, the benefit of fish propagation, and the protection of habitat and preservation of fin fish in any permit process or other administrative procedure.

NEW SECTION. Sec. 2.     Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

          (1) "Upland fin fish rearing facilities" means those inland water related locations where fish are hatched, nurtured, held, maintained, or reared to reach the size of release or for market sale.  This shall include fish hatcheries, rearing ponds, spawning channels, and other similar public or private facilities that contribute to fish populations.

          (2) "Department" means the department of ecology.

NEW SECTION. Sec. 3.     Notwithstanding any other provision of the law, any national pollution discharge elimination system permit or state waste disposal permit issued under chapter 90.48 RCW for an upland fin fish rearing facility shall not set requirements that exceed the requirements of items 1.a., 2., 5., and attachments 2.a. through 2.f. of the stipulated agreement and settlement of @beIn the matter of:  Blue Lakes Trout Farms, Inc., et. al.@ee, NPDES No. 1084-10-16-402, November 20, 1985, issued by the United States environmental protection agency, region ten.

        Sec. 4.  Section 5, chapter 71, Laws of 1955 as last amended by section 140, chapter 109, Laws of 1987 and RCW 90.48.200 are each amended to read as follows:

          In the event of failure of the department to act upon an application for a state waste disposal permit or a national pollution discharge elimination system permit within sixty days after it has been filed the applicant shall be deemed to have received a ((temporary)) permanent permit:  PROVIDED, That all applications by existing or proposed upland fin fish rearing facilities for a national pollution discharge elimination system permit or state waste disposal permit shall be reviewed by the department within sixty days of receipt.  Any application that is not granted or denied within sixty days of receipt, shall be deemed granted by the department, without exception.  Said permit shall authorize the applicant to discharge wastes into waters of the state as requested in its application only until such time as the department shall have taken action upon said application.

NEW SECTION. Sec. 5.     Sections 1 through 3 of this act are each added to chapter 90.48 RCW.