S-3837.1                   _______________________________________________

 

                                                     SENATE BILL 6178

                              _______________________________________________

 

State of Washington                              53rd Legislature                             1994 Regular Session

 

By Senator Talmadge

 

Read first time 01/17/94.  Referred to Committee on Ecology & Parks.

 

Authorizing changes in the wastewater discharge permit program.



          AN ACT Relating to wastewater discharge permits; adding new sections to chapter 90.48 RCW; and creating a new section.

 

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

 

          NEW SECTION.  Sec. 1.  The legislature finds that in order to protect the quality of our state's waters, it is necessary to enhance the efficiency and effectiveness of the department of ecology's wastewater discharge permit program.  Ensuring prompt review and renewal of wastewater discharge permits and implementing a rigorous inspection and enforcement program are a high priority.  The legislature also finds that both the water quality of the state and the administrative efficiency of the wastewater discharge program will benefit from privatization of many program functions, subject to department review and oversight.  Privatization is intended to improve the efficiency of permit processing and to increase the frequency of permit compliance assurance activities.  Such privatization shall not affect the authority of the department to bring enforcement actions, nor shall it affect provisions in existing law for public participation and rights of appeal of permit decisions.

 

          NEW SECTION.  Sec. 2.  A new section is added to chapter 90.48 RCW to read as follows:

          (1) For the period beginning July 1, 1994, and ending July 1, 1996, the department may allow persons applying for a permit, renewal or modification required under RCW 90.48.260 to submit a draft permit in lieu of an application form.  The department shall:  (a) Establish criteria for types of applicants that are eligible to submit draft permits and (b) develop a list of approved contractors with whom applicants may contract for draft permit preparation.  For applicants who prepare a draft permit, applicable permit fees under RCW 90.48.465 shall be reduced in proportion to the reduction in the department's work load resulting from enhanced permit preparation provided by the applicant.  The draft permit shall be submitted to the department for review and final approval.  Nothing in this section affects the requirements for public participation and right of appeal under RCW 90.48.260 and chapter 43.21B RCW.

          (2) By July 1, 1995, the department shall provide an interim report to the legislature evaluating the effectiveness of the provisions in subsection (1) of this section.  A final report shall be submitted by July 1, 1996.

 

          NEW SECTION.  Sec. 3.  A new section is added to chapter 90.48 RCW to read as follows:

          (1) Beginning July 1, 1994, and ending July 1, 1996, the department shall conduct a pilot program to test the feasibility and effectiveness of using personal services contracts for conducting annual compliance inspections required of major dischargers under the federal clean water act.  As part of the program, the department shall enter into contracts for the performance of no less than twenty-five percent of annual compliance inspections required of major dischargers.  Such contracts shall meet the requirements of chapter 39.29 RCW.  Contracts made by the department under this section shall also be subject to the following limitations:  (a) The department shall include terms in the contract to protect the confidentiality of information that is obtained as part of an inspection; and (b) the contract shall also specify that individuals under contract with the department shall not accept employment with entities they or their business have inspected for four years after the final report of the inspection.

          (2) By July 1, 1995, the department shall provide an interim report to the legislature evaluating the effectiveness of the program.  A final report on the pilot program shall be submitted by July 1, 1996.

          (3) Nothing in this section affects the authority of the department to bring enforcement actions under this chapter.

 


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