WSR 97-12-077

EMERGENCY RULES

PUBLIC WORKS BOARD

[Filed June 4, 1997, 9:18 a.m.]

Date of Adoption: June 3, 1997.

Purpose: To interpret recent legislative enactment; to establish a process to implement the statute.

Statutory Authority for Adoption: RCW 43.155.040(4).

Other Authority: RCW 43.155.040(5).

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: Section 29, chapter 429, Laws of 1998 [1997] has an emergency enactment clause.

Effective Date of Rule: Immediately.

June 4, 1997

Pete A. Butkus

Rules Coordinator

NEW SECTION

WAC 399-30-032 What are the requirements for meeting the Growth Management Act under RCW 43.155.070 (1)(d)? (1) Comprehensive plan and development regulations must be in compliance with the time requirements of Chapter 36.70A RCW (Growth Management Act) at the time of application for financial assistance.

(2) Exceptions based on "public health need" or "substantial environmental degradation" shall not be used as a method to provide unrestricted access to financial assistance for local governments s not in compliance with the law.

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Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

NEW SECTION

WAC 399-30-033 How will the board address a "public health need" under RCW 43.155.070 (1)(d)? In determining whether a project is necessary to address a public health need, the board shall consider the following factors:

(1) For bridge or road projects - whether injury or fatal injury motor or non-motorized vehicle traffic collisions at a specific site, roadway control section, or area have occurred at a rate to be in the top five percent of all such collisions within the applicant jurisdiction for the most recent three-year period; and whether the proposed public works project will eliminate or reduce the likelihood of such vehicle collisions. Applicants applying under this sub-section may utilize jurisdiction-wide accident data, or break the data down into arterial or non-arterial roads, intersection or non-intersection, and for intersections, whether they are signalized or non-signalized.

(2) For domestic water projects - whether a drinking water system regulated by the department of health has been contaminated or is in imminent danger of being contaminated to the extent of creating a critical public health risk and; whether the proposed public works project will eliminate or reduce the chance of contamination.

(3) For sanitary sewer projects - whether failure of existing wastewater system or systems, including on-site systems, has resulted in contamination being present on the surface of the ground in such quantities and locations so as to create a potential for public contact; or whether contamination of a commercial or recreational shellfish bed so as to create a critical public health risk associated with the consumption of the shellfish, or contamination of surface water so as to create a critical public health risk associated with recreational use; and whether the proposed public works project will eliminate or reduce the danger of such critical public health risks.

(4) For storm sewer projects - whether failure of an existing storm sewer system has caused or is in imminent danger of causing localized flooding which disrupts critical public services, disease, illness, attraction of rodents so as to create a critical public health risk; or contamination of a commercial or recreational shellfish bed so as to create a critical public health risk associated with the consumption of the shellfish, or contamination of surface water so as to create a critical public health risk associated with recreational use and; whether the proposed public works project will eliminate or reduce the danger of localized flooding which disrupts critical public services or critical public health risks.

(5) For solid waste or recycling projects - whether failure of an existing solid waste system or recycling system has caused or is in danger of causing critical groundwater contamination, disease, illness, or attraction of rodents so as to create a critical public health need and; whether the proposed public works project will eliminate or reduce the danger of such critical public health risks.

(6) For all projects - whether more efficient operation of an existing system, changing public access, or modifying other regulatory standards (e.g. reduced sped limits, water conservation measures, rodent control, restricted shellfish harvesting) is likely to provide the same or similar level of resolution.

(7) For all projects - whether the public health problem is caused by failure to maintain a public works system.

(8) For all projects - other factors the board finds on the record are significant in light of facts and circumstances unique to the project.

(9) The factors enumerated in subsection (1) must be documented in a letter signed by the public official who signed the application for financial assistance. The factors enumerated in subsections (2) through (5) must be documented in a letter signed by the secretary of health, or designee, and addressed to the public official who signed the application for financial assistance. Factors considered under subsections (6) through (8) must be documented in a manner acceptable to the board.

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Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

NEW SECTION

WAC 399-32-034 How will the board address "substantial environmental degradation" as found in RCW 43.155.070 (1)(d)? "Substantial environmental degradation" means a situation causing real, documented, critical environmental contamination that contributes to violations of the state's air quality, water quality, or soil contaminate standards, interferes with beneficial uses of the air, water or land, and the problem generally involves a discrete area including, but not limited to, a county, city, subdivision, or an area serviced by on-site wastewater disposal systems.

In determining whether a project is necessary to address substantial environmental degradation, the board shall consider the following factors:

(1) For bridge and road projects - whether motorized or non-motorized vehicle traffic has caused critical environmental degradation of the air, water or soils of the state at the site for which a proposed public works project is the subject of a financial assistance application, and; whether the proposed public works project will eliminate or reduce the chance of such vehicle-caused critical environmental degradation of the air, water, or soils.

(2) For domestic water projects - whether a drinking water system regulated by the department of health has experienced or caused substantial environmental degradation of the air, water or soil of the state, including but not limited to: causing disease or illness to humans, the attraction of rodents, or the killing of fish and shellfish that reside in the waters of the state and; whether the proposed public works project will eliminate or reduce the chance of critical environmental degradation.

(3) For sanitary sewer projects - whether failure of an existing wastewater system, including individual, on-site systems, has caused or is in imminent danger of causing critical environmental degradation of the air, water or soil of the state including, but not limited to: causing disease or illness to humans, the attraction of rodents, or the killing of fish and shellfish fish that reside in the waters of the state, and; whether the proposed public works project will eliminate or reduce such critical environmental degradation.

(4) For storm sewer systems - whether of an existing storm sewer system has caused or is in imminent danger of causing critical environmental degradation of the air, water or soil of the state including, but not limited to: causing disease or illness to humans, the attraction of rodents, or the killing of fish and shellfish that reside in the waters of the state, and; whether the proposed public works project will eliminate or reduce such critical environmental degradation.

(5) For solid waste or recycling projects - whether failure of an existing solid waste system or recycling system has caused or is in imminent danger of causing severe environmental degradation of the air, water or soil of the state, including, but not limited to: causing disease or illness to humans, the attraction of rodents, or the killing of fish and shellfish that reside in the waters of the state, and; whether the proposed public works project will eliminate or reduce such occurrences.

(6) For all projects - whether more efficient operation of an existing system, changing public access, or modifying other regulatory standards (e.g. reduced sped limits, water conservation measures, rodent control, restricted shellfish harvesting) is likely to provide the same or similar level of resolution.

(7) For all projects - whether the environmental degradation is caused by failure to maintain a public works system.

(8) For all projects - other factors the board finds on the record are significant in light of facts and circumstances unique to the project.

(9) The factors enumerated in subsections (1) through (5) must be documented in a letter signed by the director of the department of ecology, or designee, and addressed to the public official who signed the application for financial assistance. Factors considered under subsections (6) through (8) must be documented in a manner acceptable to the board.

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Reviser's note: The section appears as filed by the agency pursuant to RCW 34.08.040; however, the reference to WAC 399-32-034 is probably intended to be to WAC 399-30-034.