EXPEDITED REPEAL
NATURAL RESOURCES
The Following Sections are Proposed for Expedited Repeal: WAC 332-30-134 Aquatic land environmental protection.
Rules Proposed for Expedited Repeal Meet the Following Criteria: Rule is no longer necessary because of changed circumstances.
Any person who objects to the repeal of the rule must file a written objection to the repeal within thirty days after publication of this preproposal statement of inquiry.
Address Your Objection to: Dave Dietzman, Rules Coordinator, Department of Natural Resources, P.O. Box 47015, Olympia, WA 98504-7015, dave.dietzman@wadnr.gov, (360) 902-1633.
Reason the Expedited Repeal of the Rule is Appropriate: This rule addresses DNR's responsibility for "ensuring environmental protection" of state-owned aquatic lands, as required by RCW 79.90.455. It lists other state and federal laws which affect aquatic lands, and indicates that DNR will normally rely on regulatory agencies to address environmental protections through their permits. However, the rule does not mention the two federal laws which now most impact aquatic lands: The Endangered Species Act, and CERCLA (the federal Superfund law, regarding pollution cleanup). Under these laws, DNR could be and has been held responsible as the landowner for damages caused by a lessee, such as harm to threatened salmon species or the discharge of hazardous pollution, even if a lessee acquires the necessary regulatory permits. With these laws now being applied to the aquatic environment, DNR can no longer ensure environmental protection and avoid undue liability to the public by limiting its own environmental protection efforts to reliance on regulatory agencies. Instead, it must address these concerns in every lease. The rule no longer provides useful guidance to DNR on how to protect the aquatic environment.
July 18, 2000
Maria Victoria Peeler
Deputy Supervisor