5606‑S AMH MAST LYNC 10

SSB 5606 ‑ H AMD 875 ADOPTED 4/14/95

By Representatives Mastin and Chandler

     On page 2, line 6, after "of" strike everything down to and including "This" on page 6, line 14 and insert "salvaged water by local communities and individuals for domestic, agricultural, industrial, recreational, and fish and wildlife habitat creation and enhancement purposes, including wetland enhancement, will contribute to the peace, health, safety, and welfare of the people of the state of Washington.  To the extent salvaged water is appropriate and available for beneficial uses, it should be used where feasible to supplement existing water supplies without threatening existing resources or public health in order to preserve potable water for drinking purposes and encourage water conservation practices.

The legislature further finds and declares that the use of salvaged water is not inconsistent with the policy of antidegradation of state waters announced in other state statutes, including the water pollution control act, chapter 90.48 RCW and the water resources act, chapter 90.54 RCW, nor is it inconsistent with the state's relinquishment statutes, chapter 90.48 RCW. 

It is the intent of the legislature that the department of ecology and the department of health undertake the necessary steps to encourage the development of water reclamation facilities so that reclaimed water may be made available to help meet the growing water requirements of the state.  It is also the intent of the legislature that the relationship between reclaimed water and other salvaged water be clarified to allow for the maximum use of current water conservation technologies and promote efficient administration of this limited resource.

The legislature further finds and declares that reclaimed water facilities are water pollution control facilities as defined in chapter 70.146 RCW and are eligible for financial assistance as provided in chapter 70.146 RCW.

     Sec. 2.  RCW 90.46.010 and 1992 c 204 s 2 are each amended to read as follows:

     Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

     (1) "Greywater" means ((sewage)) wastewater having the consistency and strength of residential domestic type wastewater.  Greywater includes wastewater from sinks, showers, and laundry fixtures, but does not include toilet or urinal waters.

     (2) "Land application" means application of treated effluent for purposes of irrigation or landscape enhancement for residential, business, and governmental purposes.

     (3) "Person" means any state, individual, public or private corporation, political subdivision, governmental subdivision, governmental agency, municipality, copartnership, association, firm, trust estate, or any other legal entity whatever.

     (4) "Reclaimed water" means effluent derived in any part from sewage from a wastewater treatment system that has been adequately and reliably treated, so that as a result of that treatment, it is suitable for a ((direct)) beneficial use or a controlled use that would not otherwise occur.

     (5) "Sewage" means water-carried human wastes ((, including kitchen, bath, and laundry waste)) from residences, buildings, industrial and commercial establishments, or other places, together with such ground water infiltration, surface waters, or industrial wastewater as may be present.

     (6) "User" means any person who uses reclaimed water.

     (7) "Wastewater" means water and wastes discharged from homes, businesses, and industry to the sewer system.

(8) "Beneficial use", as used in this chapter, means the use of reclaimed water, that has been transported from the point of production to the point of use without an intervening discharge to the waters of the state, for a beneficial purpose.

(9) "Direct recharge" means the controlled subsurface addition of water directly to the ground water basin that results in the replenishment of ground water.

(10) "Ground water recharge criteria" means the contaminant criteria found in the drinking water quality standards adopted by the state board of health pursuant to chapter 43.20 RCW and the department of health pursuant to chapter 70.119A RCW.

(11) "Planned ground water recharge project" means any reclaimed water project designed for the purpose of recharging ground water, via direct recharge or surface percolation.

(12) "Reclamation criteria" means the criteria set forth in the water reclamation and reuse interim standards and subsequent revisions adopted by the department of ecology and the department of health.

(13) "Salvaged water" means water reclaimed under this chapter and water made surplus through efficiencies in use and related activities.

(14) "Streamflow augmentation" means the discharge of reclaimed water to rivers and streams of the state or other surface water bodies, but not wetlands.

(15) "Surface percolation" means the controlled application of water to the ground surface for the purpose of recharging ground water.

(16) "Wetland or wetlands" means areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted to life in saturated soil conditions.  Wetlands generally include swamps, marshes, bogs, and similar areas.  No agency shall use a delineation process for what constitutes a wetland that is more stringent than that adopted by the United States army corps of engineers.

(17) "Man-made wetlands" means a wetland intentionally created from a nonwetland site to produce or replace natural habitat.

NEW SECTION. Sec. 3.  A new section is added to chapter 90.46 RCW to read as follows:

     (1) Reclaimed water may be beneficially used for surface percolation provided the reclaimed water meets the ground water recharge criteria as measured in ground water beneath or down gradient of the recharge project site, and has been incorporated into a sewer or water comprehensive plan, as applicable, adopted by the applicable local government and approved by the department of health or department of ecology as applicable.

     (2) If the state ground water recharge criteria as defined in RCW 90.46.010 do not contain a standard for a constituent or contaminant, the department of ecology shall establish a discharge limit consistent with the goals of this chapter.

     (3) Reclaimed water that does not meet the ground water recharge criteria may be beneficially used for surface percolation where the department of ecology has specifically authorized such use at such lower standard.

NEW SECTION. Sec. 4.  A new section is added to chapter 90.46 RCW to read as follows:

     (1) Reclaimed water may be beneficially used for discharge into man-made wetlands provided the reclaimed water meets the class A or B reclaimed water standards as defined in the reclamation criteria, and the discharge is incorporated into a sewer or water comprehensive plan, as applicable, adopted by the applicable local government and approved by the department of health or department of ecology as applicable.

     (2) Reclaimed water that does not meet the class A or B reclaimed water standards may be beneficially used for discharge into man-made wetlands where the department of ecology has specifically authorized such use at lower standards.

NEW SECTION. Sec. 5.  A new section is added to chapter 90.46 RCW to read as follows:

     Reclaimed water intended for beneficial reuse may be discharged for streamflow augmentation provided the reclaimed water meets the requirements of the federal water pollution control act, chapter 90.48 RCW, and is incorporated into a sewer or water comprehensive plan, as applicable, adopted by the applicable local government and approved by the department of health or department of ecology as applicable.

NEW SECTION. Sec. 6.  A new section is added to chapter 90.46 RCW to read as follows:

     The department of ecology shall, in consultation with the department of health, adopt a single set of standards, procedures, and guidelines, on or before December 31, 1996, for direct recharge using reclaimed water.  The standards shall address both water quality considerations and avoidance of property damage from excessive recharge.

NEW SECTION. Sec. 7.  A new section is added to chapter 90.46 RCW to read as follows:

     The department of ecology shall, in consultation with the department of health, adopt a single set of standards, procedures, and guidelines, on or before June 30, 1996, for discharge of reclaimed water to wetlands.

NEW SECTION. Sec. 8.  A new section is added to chapter 90.46 RCW to read as follows:

     On or before December 31, 1995, the department of ecology and department of health shall, in consultation with local governments and local interested parties, jointly review and, if required, propose amendments to chapter 372-32 WAC to resolve conflicts between the development of reclaimed water projects in the Puget Sound region and chapter 372-32 WAC.

NEW SECTION. Sec. 9.  The department of ecology and the department of health shall report on the progress of the implementation of this act to the members of the agriculture and ecology committee of the house of representatives and the members of the ecology and parks committee of the senate by December 15, 1995.

     Sec. 10.  RCW 90.46.050 and 1992 c 204 s 6 are each amended to read as follows:

     (1) The department of health shall, before ((May 1, 1992)) July 1, 1995, form an advisory committee, in coordination with the department of ecology and the department of agriculture, which will provide technical assistance in the development of standards, procedures, and guidelines required by this chapter.  Such committee shall be composed of individuals from public water and wastewater utilities, landscaping enhancement industry, commercial and industrial application community, and any other persons deemed technically helpful by the department of health.

     (2) ((The department of health shall report to the joint select committee on water resource policy by December 1, 1992, on the fee structure which has been recommended under RCW 90.46.030(3) and review fees authorized under RCW 90.46.40(3).)) The advisory committee shall: review and make recommendations regarding the relationship between the right to use reclaimed water and the abandonment and relinquishment statutes, chapter 90.48 RCW; examine the anomaly in water allocation law posed by statutes calling for the issuance of permits under the water pollution control laws, chapter 90.48 RCW, rather than permits issued under the state's water allocation laws which govern other salvaged water; analyze whether the administration of use permits for reclaimed water should be transferred to the water allocation laws; and identify administrative barriers to the use of practices or technologies that will result in water being made surplus because of greater efficiencies.

NEW SECTION. Sec. 11.  Sections 1 through 10 of this"

Correct internal references accordingly and correct the title.