AN
ACT Relating to the establishment of voluntary programs creating environmental
excellence program agreements; amending RCW 90.54.020; adding a new section to
chapter 43.21A RCW; adding a new section to chapter 70.94 RCW; adding a new
section to chapter 70.95 RCW; adding a new section to chapter 70.105 RCW;
adding a new section to chapter 70.119A RCW; adding a new section to chapter
75.20 RCW; adding a new section to chapter 90.48 RCW; adding a new section to
chapter 90.52 RCW; adding a new section to chapter 90.58 RCW; adding a new
section to chapter 90.64 RCW; adding a new section to chapter 90.71 RCW; adding
a new chapter to Title 43 RCW; and creating new sections.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. The
purpose of this act is to create a voluntary program authorizing environmental
excellence program agreements with persons regulated under the environmental
laws of the state of Washington, and to direct agencies of the state of
Washington to solicit and support the development of agreements that use
innovative environmental measures or strategies to achieve environmental
results more effectively or efficiently.
Agencies
shall encourage environmental excellence program agreements that favor or
promote pollution prevention, source reduction, or improvements in practices
that are transferable to other interested entities or that can achieve better
overall environmental results than required by otherwise applicable rules and
requirements.
In
enacting this act it is not the intent of the legislature that state
environmental standards be applied in a manner that could result in these state
standards being waived under section 121 of the federal comprehensive
environmental response, compensation, and liability act (42 U.S.C. Sec. 9261).
NEW
SECTION. Sec. 2. The
definitions in this section apply throughout this chapter unless the context
clearly requires otherwise.
(1)
"State, regional, or local agency" means an agency, board,
department, authority, or commission that administers environmental laws.
(2)
"Coordinating agency" means the state, regional, or local agency with
the primary regulatory responsibility for the proposed environmental excellence
program agreement. If multiple agencies have jurisdiction to administer state
environmental laws affected by an environmental excellence agreement, the
department of ecology shall designate or act as the coordinating agency.
(3)
"Director" means the individual or body of individuals in whom the
ultimate legal authority of an agency is vested by any provision of law. If
the agency head is a body of individuals, a majority of those individuals
constitutes the director.
(4)
"Environmental laws" means chapters 43.21A, 70.94, 70.95, 70.105,
70.119A, 75.20, 90.48, 90.52, 90.58, 90.64, and 90.71 RCW, and RCW
90.54.020(3)(b) and rules adopted under those chapters and section. The term
environmental laws as used in this chapter does not include any provision of
the Revised Code of Washington, or of any municipal ordinance or enactment,
that regulates the selection of a location for a new facility.
(5)
"Facility" means a site or activity that is regulated under any of
the provisions of the environmental laws.
(6)
"Legal requirement" includes any provision of an environmental law,
rule, order, or permit.
(7)
"Sponsor" means the owner or operator of a facility, including a
municipal corporation, subject to regulation under the environmental laws of
the state of Washington, or an authorized representative of the owner or
operator, that submits a proposal for an environmental excellence program
agreement.
(8)
"Stakeholder" means a person who has a direct interest in the
proposed environmental excellence program agreement or who represents a public
interest in the proposed environmental excellence program agreement.
Stakeholders may include communities near the project, local or state
governments, permittees, businesses, environmental and other public interest
groups, employees or employee representatives, or other persons.
NEW
SECTION. Sec. 3. An
environmental excellence program agreement entered into under this chapter must
achieve more effective or efficient environmental results than the results that
would be otherwise achieved. The basis for comparison shall be a reasonable
estimate of the overall impact of the participating facility on the environment
in the absence of an environmental excellence program agreement. More
effective environmental results are results that are better overall than those
that would be achieved under the legal requirements superseded or replaced by
the agreement. More efficient environmental results are results that are
achieved at reduced cost but do not decrease the overall environmental results
achieved by the participating facility. An environmental excellence program
agreement may not authorize either (1) the release of water pollutants that
will cause to be exceeded, at points of compliance in the ambient environment
established pursuant to law, numeric surface water or ground water quality
criteria or numeric sediment quality criteria adopted as rules under chapter
90.48 RCW; or (2) the emission of any air contaminants that will cause to be
exceeded any air quality standard as defined in RCW 70.94.030(3); or (3) a
decrease in the overall environmental results achieved by the participating
facility compared with results achieved over a representative period before the
date on which the agreement is proposed by the sponsor. However, an
environmental excellence program agreement may authorize reasonable increases
in the release of pollutants to permit increases in facility production or
facility expansion and modification.
NEW
SECTION. Sec. 4. (1)
The director of a state, regional, or local agency may enter into an
environmental excellence program agreement with any sponsor, even if one or
more of the terms of the environmental excellence program agreement would be
inconsistent with an otherwise applicable legal requirement. An environmental
excellence program agreement must meet the requirements of section 3 of this
act. Otherwise applicable legal requirements identified according to section
7(1) of this act shall be superseded and replaced in accordance with section 9 of
this act.
(2)
The director of a state, regional, or local agency may enter into an
environmental excellence program agreement only to the extent the state,
regional, or local agency has jurisdiction to administer state environmental
laws either directly or indirectly through the adoption of rules.
(3)
Where a sponsor proposes an environmental excellence program agreement that
would affect legal requirements applicable to the covered facility that are
administered by more than one state, regional, or local agency, the
coordinating agency shall take the lead in developing the environmental
excellence program agreement with the sponsor and other agencies administering
legal requirements applicable to the covered facility and affected by the
agreement. The environmental excellence program agreement does not become
effective until the agreement is approved by the director of each agency
administering legal requirements identified according to section 7(1) of this
act.
(4)
No director may enter into an environmental excellence program agreement
applicable to a remedial action conducted under the Washington model toxics
control act, chapter 70.105D RCW, or the federal comprehensive environmental
response, compensation and liability act (42 U.S.C. Sec. 9601 et seq.). No
action taken under this chapter shall be deemed a waiver of any applicable,
relevant, or appropriate requirements for any remedial action conducted under
the Washington model toxics control act or the federal comprehensive
environmental response, compensation and liability act.
(5)
The directors of state, regional, or local agencies shall not enter into an
environmental excellence program agreement or a modification of an
environmental excellence program agreement containing terms affecting legal
requirements adopted to comply with provisions of a federal regulatory program
and to which the responsible federal agency objects after notice under the
terms of section 8(4) of this act.
(6)
The directors of regional or local governments may not enter into an
environmental excellence program agreement or a modification of an
environmental excellence program agreement containing terms affecting legal
requirements that are subject to review or appeal by a state agency, including
but not limited to chapters 70.94, 70.95, and 90.58 RCW, and to which the
responsible state agency objects after notice is given under the terms of
section 8(4) of this act.
NEW
SECTION. Sec. 5. (1) A
sponsor may propose an environmental excellence program agreement. A trade
association or other authorized representative of a sponsor or sponsors may
propose a programmatic environmental excellence program agreement for multiple
facilities.
(2)
A sponsor must submit, at a minimum, the following information and other
information that may be requested by the director or directors required to sign
the agreement:
(a)
A statement that describes how the proposal is consistent with the purpose of
this chapter and the project approval criteria in section 3 of this act;
(b)(i)
For a site-specific proposal, a comprehensive description of the proposed
environmental excellence project that includes the nature of the facility and
the operations that will be affected, how the facility or operations will
achieve results more effectively or efficiently, and the nature of the results
anticipated; or
(ii)
For a programmatic proposal, a comprehensive description of the proposed
environmental excellence project that identifies the facilities and the
operations that are expected to participate, how participating facilities or
operations will achieve environmental results more effectively or efficiently,
the nature of the results anticipated, and the method to identify and document
the commitments made by individual participants;
(c)
An environmental checklist, containing sufficient information to reasonably
inform the public of the nature of the proposed environmental excellence
program agreement and describing probable significant adverse environmental
impacts and environmental benefits expected from implementation of the
proposal;
(d)
A draft environmental excellence program agreement;
(e)
A description of the stakeholder process as provided in section 6 of this
act;
(f)
A preliminary identification of the permit amendments or modifications that may
be necessary to implement the proposed environmental excellence program
agreement.
NEW
SECTION. Sec. 6. (1)
Stakeholder participation in and support for an environmental excellence
program agreement is vital to the integrity of the environmental excellence
program agreement and helps to inform the decision whether an environmental
excellence program agreement can be approved.
(2)
A proposal for an environmental excellence program agreement shall include the
sponsor's plan to identify and contact stakeholders, to advise stakeholders of
the facts and nature of the project, and to request stakeholder participation
and review. Stakeholder participation and review shall occur during the
development, consideration, and implementation stages of the proposed
environmental excellence program agreement. The plan shall include notice to
the employees of the facility to be covered by the proposed environmental
excellence program agreement and public notice in the area of the covered
facility.
(3)
The coordinating agency shall extend an invitation to participate in the
development of the proposal to a broad and representative sector of the public
likely to be affected by the environmental excellence program agreement,
including representatives of local community, labor, environmental, and
neighborhood advocacy groups. The coordinating agency shall select
participants to be included in the stakeholder process that are representative
of the diverse sectors of the public that are interested in the agreement. The
stakeholder process shall include the opportunity for discussion and comment at
multiple stages of the process and access to the information relied upon by the
directors in approving the agreement.
(4)
The coordinating agency will identify any additional provisions for the
stakeholder process that the director of the coordinating agency, in the
director's sole discretion, considers appropriate to the success of the
stakeholder process, and provide for notice to the United States environmental
protection agency or other responsible federal agency of each proposed
environmental excellence program agreement that may affect legal requirements
of any program administered by that agency.
NEW
SECTION. Sec. 7. An
environmental excellence program agreement must contain the following terms and
conditions:
(1)
An identification of all legal requirements that are superseded or replaced by
the environmental excellence program agreement;
(2)
A description of all legal requirements that are enforceable as provided in
section 13(1) of this act that are different from those legal requirements
applicable in the absence of the environmental excellence program agreement;
(3)
A description of the voluntary goals that are or will be pursued by the
sponsor;
(4)
A statement describing how the environmental excellence program agreement will
achieve the purposes of this chapter;
(5)
A statement describing how the environmental excellence program agreement will
be implemented, including a list of steps and an implementation schedule;
(6)
A statement that the proposed environmental excellence program agreement will
not increase overall worker safety risks or cause an unjust or disproportionate
and inequitable distribution of environmental risks among diverse economic and
cultural communities;
(7)
A summary of the stakeholder process that was followed in the development of
the environmental excellence program agreement;
(8)
A statement describing how any participating facility shall measure and
demonstrate its compliance with the environmental excellence program agreement
including, without limitation, a description of the methods to be used to
monitor performance, criteria that represent acceptable performance, and the
method of reporting performance to the public and local communities. The
facility's compliance with the agreement must be independently verifiable;
(9)
A description of and plan for public participation in the implementation of the
environmental excellence program agreement and for public access to information
needed to assess the benefits of the environmental excellence program agreement
and the sponsor's compliance with the environmental excellence program
agreement;
(10)
A schedule of periodic performance review of the environmental excellence
program agreement by the directors that signed the agreement;
(11)
Provisions for voluntary and involuntary termination of the agreement;
(12)
The duration of the environmental excellence program agreement and provisions
for renewal;
(13)
Statements approving the environmental excellence program agreement made by the
sponsor and by or on behalf of directors of each state, regional, or local
agency administering legal requirements that are identified according to
section 7(1) of this act;
(14)
Additional terms as requested by the directors signing the environmental
excellence program agreement and consistent with this chapter;
(15)
Draft permits or permit modifications as needed to implement the environmental
excellence program agreement;
(16)
With respect to a programmatic environmental excellence program agreement, a
statement of the method with which to identify and document the specific
commitments to be made by individual participants.
NEW
SECTION. Sec. 8. (1)
The coordinating agency shall provide at least thirty days after notice has
been published in a newspaper under subsection (2) of this section for public
comment on a proposal to enter into or modify an environmental excellence
program agreement. The coordinating agency may provide for an additional
period of public comment if required by the complexity of the proposed
environmental excellence program agreement and the degree of public interest.
Before the start of the comment period, the coordinating agency shall prepare a
proposed agreement, a public notice and a fact sheet. The fact sheet shall:
(a) Briefly describe the principal facts and the significant factual, legal,
methodological and policy questions considered by the directors signing the agreement,
and the directors' proposed decisions; and (b) briefly describe how the
proposed action meets the requirements of section 3 of this act.
(2)
The coordinating agency shall publish notice of the proposed agreement in the
Washington State Register and in a newspaper of general circulation in the
vicinity of the facility or facilities covered by the proposed environmental
excellence program agreement. The notice shall generally describe the
agreement or modification; the facilities to be covered; summarize the changes
in legal requirements that will result from the agreement; summarize the
reasons for approving the agreement or modifications; identify an agency person
to contact for additional information; state that the proposed agreement or
modification and fact sheet are available on request; and state that comments
may be submitted to the agency during the comment period. The coordinating
agency shall order a public informational meeting or a public hearing to
receive oral comments if the written comments during the comment period
demonstrate considerable public interest in the proposed agreement.
(3)
The coordinating agency shall prepare and make available a responsiveness
summary indicating the agencies' actions taken in response to comments and the
reasons for those actions.
(4)
With respect to an environmental excellence program agreement that affects
legal requirements adopted to comply with provisions of a federal regulatory
program, the coordinating agency shall provide a copy of the environmental
excellence program agreement, and a copy of the notice required by subsection
(1) of this section, to the federal agency that is responsible for
administering that program at least thirty days before entering into or
modifying the environmental excellence program agreement, and shall afford the
federal agency the opportunity to object to those terms of the environmental
excellence program agreement or modification of an environmental excellence
program agreement affecting the legal requirements. The coordinating agency
shall provide similar notice to state agencies that have statutory review or
appeal responsibilities regarding provisions of the environmental excellence
program agreement.
NEW
SECTION. Sec. 9. (1)
Notwithstanding any other provision of law, any legal requirement identified
under section 7(1) of this act shall be superseded or replaced in accordance
with the terms of the environmental excellence program agreement. Legal
requirements contained in a permit that are affected by an environmental
excellence program agreement will continue to be enforceable until such time as
the permit is revised in accordance with subsection (2) of this section. With
respect to any other legal requirements, the legal requirements contained in
the environmental excellence program agreement are effective as provided by the
environmental excellence program agreement, and the facility or facilities
covered by an environmental excellence program agreement shall comply with the
terms of the environmental excellence program agreement in lieu of the legal
requirements that are superseded and replaced by the approved environmental
excellence program agreement.
(2)
Any permits affected by an environmental excellence program agreement shall be
revised to conform to the environmental excellence program agreement by the
agency with jurisdiction. The permit revisions will be completed within one
hundred twenty days of the effective date of the agreement in accordance with
otherwise applicable procedural requirements, including, where applicable,
public notice and the opportunity for comment, and the opportunity for review
and objection by federal agencies.
(3)
Other than as superseded or replaced as provided in an approved environmental excellence
program agreement, any existing permit requirements remain in effect and are
enforceable.
(4)
A programmatic environmental excellence program agreement shall become
applicable to an individual facility when all directors entering into the programmatic
agreement approve the owner or operator's commitment to comply with the
agreement. A programmatic agreement may not take effect, however, until notice
and an opportunity to comment for the individual facility has been provided in
accordance with the requirements of section 8 (1) through (3) of this act.
NEW
SECTION. Sec. 10. (1) A
decision by the directors of state, regional, or local agencies to approve a
proposed environmental excellence program agreement, or to terminate or modify
an approved environmental excellence program agreement, is subject to judicial
review in superior court. For purposes of judicial review, the court may grant
relief from the decision to approve or modify an environmental excellence program
agreement only if it determines that the action: (a) Violates constitutional
provisions; (b) exceeds the statutory authority of the agency; (c) was
arbitrary and capricious; or (d) was taken without compliance with the
procedures provided by this chapter. However, the decision of the director or
directors shall be accorded substantial deference by the court. A decision not
to enter into or modify an environmental excellence program agreement and a
decision not to accept a commitment under section 9(4) of this act to comply
with the terms of a programmatic environmental excellence agreement are within
the sole discretion of the directors of the state, regional, or local agencies
and are not subject to review.
(2)
An appeal from a decision to approve or modify a facility specific or a
programmatic environmental excellence program agreement is not timely unless
filed with the superior court and served on the parties to the environmental
excellence program agreement within thirty days of the date on which the
agreement or modification is signed by the director. For an environmental
excellence program agreement or modification signed by more than one director,
there is only one appeal, and the time for appeal shall run from the last date
on which the agreement or modification is signed by a director.
(3)
A decision to accept the commitment of a specific facility to comply with the
terms of a programmatic environmental excellence program agreement, or to
modify the application of an agreement to a specific facility, is subject to
judicial review as described in subsection (1) of this section. An appeal is
not timely unless filed with the superior court and served on the directors
signing the agreement, the sponsor, and the owner or operator of the specific facility
within thirty days of the date the director or directors that signed the
programmatic agreement approve the owner or operator's commitment to comply
with the agreement. For a programmatic environmental excellence program
agreement or modification signed by more than one director, there shall be only
one appeal and the time for appeal shall run from the last date on which a
director approves the commitment.
(4)
The issuance of permits and permit modifications is subject to review under
otherwise applicable law.
(5)
An appeal of a decision by a director under section 11 of this act to terminate
in whole or in part a facility specific or programmatic environmental
excellence program agreement is not timely unless filed with the superior court
and served on the director within thirty days of the date on which notice of
the termination is issued under section 11(2) of this act.
NEW
SECTION. Sec. 11. (1)
In addition to any termination provisions contained in an environmental
excellence program agreement, a director of an agency may terminate an
environmental excellence program agreement in whole or in part with respect to
a legal requirement administered by that agency, if the director finds: (a)
That after notice and a reasonable opportunity to cure, the covered facility is
in violation of a material requirement of the agreement; (b) that the facility
has repeatedly violated any requirements of the agreement; (c) that the
operation of the facility under the agreement has caused endangerment to public
health or the environment that cannot be remedied by modification of the
agreement; or (d) the facility has failed to make substantial progress in achieving
the voluntary goals identified under section 6(4) of this act, and these goals
are material to the overall objectives of the agreement.
(2)
A director of an agency terminating an environmental excellence program
agreement in any respect shall provide each of the parties to the agreement
with a written notice of that action specifying the extent to which the
environmental excellence program agreement is to be terminated, the factual and
legal basis for termination, and a description of the opportunity for judicial
review of the decision to terminate the environmental excellence program
agreement.
(3)
If a director terminates less than the entire environmental excellence program
agreement, the owner or operator of the covered facility may elect to terminate
the entire agreement as it applies to the facility.
(4)
If a director decides to terminate an environmental excellence program
agreement because the facility has not been able to meet the legal requirements
established under the agreement, or because operation of the facility under the
agreement has caused endangerment to public health or the environment, as
provided in subsection (1)(c) of this section, the director may establish in
the notice of termination: (a) Practical interim requirements for the facility
that are no less stringent than the legal requirements that would apply to the
facility in the absence of the agreement; and (b) a practical schedule of
compliance for meeting the interim requirements. The interim requirements and
schedule of compliance shall be subject to judicial review under the provisions
of section 10(5) of this act. The facility shall comply with the interim
requirements established under this subsection after they are final and no
longer subject to judicial review until applicable permits or permit
modifications have been issued under section 12 of this act.
NEW
SECTION. Sec. 12. After
a termination under section 11 of this act is final and no longer subject to
judicial review, the sponsor has sixty days in which to apply for any permit or
approval affected by any terminated portion of the environmental excellence
program agreement. An application filed during the sixty‑day period
shall be deemed a timely application for renewal of a permit under the terms of
any applicable law. Except as provided in section 11(4) of this act, the terms
and conditions of the environmental excellence program agreement and of permits
issued will continue in effect until a final permit or approval is issued. If
the sponsor fails to submit a timely or complete application, any affected
permit or approval may be modified at any time that is consistent with
applicable law.
NEW
SECTION. Sec. 13. (1)
The legal requirements contained in the environmental excellence program
agreement in accordance with section 7(2) of this act are enforceable
commitments of the facility covered by the agreement. Any violation of these
legal requirements is subject to penalties and remedies to the same extent as
the legal requirements that they superseded or replaced.
(2)
The voluntary goals stated in the environmental excellence program agreement in
accordance with section 7(3) of this act are voluntary commitments of the
facility covered by the agreement. If the facility fails to meet these goals,
it shall not be subject to any form of enforcement action, including penalties,
orders, or any form of injunctive relief. The failure to make substantial
progress in meeting these goals may be a basis on which to terminate the
environmental excellence program agreement under section 11 of this act.
(3)
Nothing in this chapter limits the authority of an agency, the attorney
general, or a prosecuting attorney to initiate an enforcement action for
violation of any applicable legal requirement. However, no civil, criminal, or
administrative action may be brought with respect to any legal requirement that
is superseded or replaced under the terms of an environmental excellence
program agreement.
(4)
This chapter does not create any new authority for citizen suits, and does not
alter or amend other statutory provisions authorizing citizen suits.
NEW
SECTION. Sec. 14. An
environmental excellence program agreement may contain a reduced fee schedule
with respect to a program applicable to the covered facility or facilities.
NEW
SECTION. Sec. 15. A
decision to approve an environmental excellence program agreement is not
subject to the requirements of the state environmental policy act, chapter
43.21C RCW, including the requirement to prepare an environmental impact
statement under RCW 43.21C.031. However, the consideration of a proposed
environmental excellence program agreement will integrate an assessment of
environmental impacts.
NEW
SECTION. Sec. 16. Any
state, regional, or local agency administering programs under an environmental
law may adopt rules or ordinances to implement this chapter. However, it is
not necessary that an agency adopt rules or ordinances in order to consider or
enter into environmental excellence program agreements.
NEW
SECTION. Sec. 17. The
director of the department of ecology shall appoint an advisory committee to
review the effectiveness of the environmental excellence program agreement
program and to make a recommendation to the legislature concerning the
continuation, termination, or modification of the program. The committee also
may make recommendations it considers appropriate for revision of any
regulatory program that is affected by an environmental excellence program
agreement. The committee shall be composed of one representative each from two
state agencies, two representatives of the regulated community, and two
representatives of environmental organizations or other public interest
groups. The committee must submit a report and its recommendation to the
legislature not later than October 31, 2001. The department of ecology shall
provide the advisory committee with such support as they may require.
NEW
SECTION. Sec. 18. (1)
Agencies authorized to enter into environmental excellence program agreements
may assess and collect a fee to recover the costs of processing environmental
excellence program agreement proposals. The amount of the fee may not exceed
the direct and indirect costs of processing the environmental excellence
program agreement proposal. Processing includes, but is not limited to:
Working with the sponsor to develop the agreement, meeting with stakeholder
groups, conducting public meetings and hearings, preparing a record of the
decision to enter into or modify an agreement, and defending any appeal from a
decision to enter into or modify an agreement. Fees also may include, to the
extent specified by the agreement, the agencies' direct costs of monitoring
compliance with those specific terms of an agreement not covered by permits
issued to the participating facility.
(2)
Agencies assessing fees may graduate the initial fees for processing an
environmental excellence program agreement proposal to account for the size of
the sponsor and to make the environmental excellence program agreement program
more available to small businesses. An agency may exercise its discretion to
waive all or any part of the fees.
(3)
Sponsors may voluntarily contribute funds to the administration of an agency's
environmental excellence program agreement program.
NEW
SECTION. Sec. 19. The
authority of a director to enter into a new environmental excellence program
agreement program shall be terminated June 30, 2002. Environmental excellence
program agreements entered into before June 30, 2002, shall remain in force and
effect subject to the provisions of this chapter.
NEW
SECTION. Sec. 20. A
new section is added to chapter 43.21A RCW to read as follows:
Notwithstanding
any other provision of law, any legal requirement under this chapter, including
any standard, limitation, rule, or order is superseded and replaced in
accordance with the terms and provisions of an environmental excellence program
agreement, entered into under chapter 43.‑- RCW (sections 2 through 19 of
this act).
NEW
SECTION. Sec. 21. A
new section is added to chapter 70.94 RCW to read as follows:
Notwithstanding
any other provision of law, any legal requirement under this chapter, including
any standard, limitation, rule, or order is superseded and replaced in
accordance with the terms and provisions of an environmental excellence program
agreement, entered into under chapter 43.‑- RCW (sections 2 through 19 of
this act).
NEW
SECTION. Sec. 22. A
new section is added to chapter 70.95 RCW to read as follows:
Notwithstanding
any other provision of law, any legal requirement under this chapter, including
any standard, limitation, rule, or order is superseded and replaced in
accordance with the terms and provisions of an environmental excellence program
agreement, entered into under chapter 43.‑- RCW (sections 2 through 19 of
this act).
NEW
SECTION. Sec. 23. A
new section is added to chapter 70.105 RCW to read as follows:
Notwithstanding
any other provision of law, any legal requirement under this chapter, including
any standard, limitation, rule, or order is superseded and replaced in
accordance with the terms and provisions of an environmental excellence program
agreement, entered into under chapter 43.‑- RCW (sections 2 through 19 of
this act).
NEW
SECTION. Sec. 24. A
new section is added to chapter 70.119A RCW to read as follows:
Notwithstanding
any other provision of law, any legal requirement under this chapter, including
any standard, limitation, rule, or order is superseded and replaced in
accordance with the terms and provisions of an environmental excellence program
agreement, entered into under chapter 43.‑- RCW (sections 2 through 19 of
this act).
NEW
SECTION. Sec. 25. A
new section is added to chapter 75.20 RCW to read as follows:
Notwithstanding
any other provision of law, any legal requirement under this chapter, including
any standard, limitation, rule, or order is superseded and replaced in
accordance with the terms and provisions of an environmental excellence program
agreement, entered into under chapter 43.‑- RCW (sections 2 through 19 of
this act).
NEW
SECTION. Sec. 26. A
new section is added to chapter 90.48 RCW to read as follows:
Notwithstanding
any other provision of law, any legal requirement under this chapter, including
any standard, limitation, rule, or order is superseded and replaced in
accordance with the terms and provisions of an environmental excellence program
agreement, entered into under chapter 43.‑- RCW (sections 2 through 19 of
this act).
NEW
SECTION. Sec. 27. A
new section is added to chapter 90.52 RCW to read as follows:
Notwithstanding
any other provision of law, any legal requirement under this chapter, including
any standard, limitation, rule, or order is superseded and replaced in
accordance with the terms and provisions of an environmental excellence program
agreement, entered into under chapter 43.‑- RCW (sections 2 through 19 of
this act).
NEW
SECTION. Sec. 28. A
new section is added to chapter 90.58 RCW to read as follows:
Notwithstanding
any other provision of law, any legal requirement under this chapter, including
any standard, limitation, rule, or order is superseded and replaced in
accordance with the terms and provisions of an environmental excellence program
agreement, entered into under chapter 43.‑- RCW (sections 2 through 19 of
this act).
NEW
SECTION. Sec. 29. A
new section is added to chapter 90.64 RCW to read as follows:
Notwithstanding
any other provision of law, any legal requirement under this chapter, including
any standard, limitation, rule, or order is superseded and replaced in
accordance with the terms and provisions of an environmental excellence program
agreement, entered into under chapter 43.‑- RCW (sections 2 through 19 of
this act).
NEW
SECTION. Sec. 30. A
new section is added to chapter 90.71 RCW to read as follows:
Notwithstanding
any other provision of law, any legal requirement under this chapter, including
any standard, limitation, rule, or order is superseded and replaced in
accordance with the terms and provisions of an environmental excellence program
agreement, entered into under chapter 43.‑- RCW (sections 2 through 19 of
this act).
Sec.
31. RCW
90.54.020 and 1989 c 348 s 1 are each amended to read as follows:
Utilization
and management of the waters of the state shall be guided by the following
general declaration of fundamentals:
(1)
Uses of water for domestic, stock watering, industrial, commercial,
agricultural, irrigation, hydroelectric power production, mining, fish and
wildlife maintenance and enhancement, recreational, and thermal power
production purposes, and preservation of environmental and aesthetic values,
and all other uses compatible with the enjoyment of the public waters of the
state, are declared to be beneficial.
(2)
Allocation of waters among potential uses and users shall be based generally on
the securing of the maximum net benefits for the people of the state. Maximum
net benefits shall constitute total benefits less costs including opportunities
lost.
(3)
The quality of the natural environment shall be protected and, where possible,
enhanced as follows:
(a)
Perennial rivers and streams of the state shall be retained with base flows
necessary to provide for preservation of wildlife, fish, scenic, aesthetic and
other environmental values, and navigational values. Lakes and ponds shall be
retained substantially in their natural condition. Withdrawals of water which
would conflict therewith shall be authorized only in those situations where it
is clear that overriding considerations of the public interest will be served.
(b)
Waters of the state shall be of high quality. Regardless of the quality of the
waters of the state, all wastes and other materials and substances proposed for
entry into said waters shall be provided with all known, available, and
reasonable methods of treatment prior to entry. Notwithstanding that standards
of quality established for the waters of the state would not be violated,
wastes and other materials and substances shall not be allowed to enter such
waters which will reduce the existing quality thereof, except in those
situations where it is clear that overriding considerations of the public
interest will be served. Technology-based effluent limitations or standards
for discharges for municipal water treatment plants located on the Chehalis,
Columbia, Cowlitz, Lewis, or Skagit river shall be adjusted to reflect credit
for substances removed from the plant intake water if:
(i)
The municipality demonstrates that the intake water is drawn from the same body
of water into which the discharge is made; and
(ii)
The municipality demonstrates that no violation of receiving water quality
standards or appreciable environmental degradation will result.
(4)
Adequate and safe supplies of water shall be preserved and protected in potable
condition to satisfy human domestic needs.
(5)
Multiple-purpose impoundment structures are to be preferred over single-purpose
structures. Due regard shall be given to means and methods for protection of
fishery resources in the planning for and construction of water impoundment
structures and other artificial obstructions.
(6)
Federal, state, and local governments, individuals, corporations, groups and
other entities shall be encouraged to carry out practices of conservation as
they relate to the use of the waters of the state. In addition to traditional
development approaches, improved water use efficiency and conservation shall be
emphasized in the management of the state's water resources and in some cases
will be a potential new source of water with which to meet future needs
throughout the state.
(7)
Development of water supply systems, whether publicly or privately owned, which
provide water to the public generally in regional areas within the state shall
be encouraged. Development of water supply systems for multiple domestic use
which will not serve the public generally shall be discouraged where water
supplies are available from water systems serving the public.
(8)
Full recognition shall be given in the administration of water allocation and
use programs to the natural interrelationships of surface and ground waters.
(9)
Expressions of the public interest will be sought at all stages of water
planning and allocation discussions.
(10)
Water management programs, including but not limited to, water quality, flood
control, drainage, erosion control and storm runoff are deemed to be in the
public interest.
(11)
Notwithstanding any other provision of law, any legal requirement under
subsection (3)(b) of this section is superseded and replaced in accordance with
the terms and provisions of an environmental excellence program agreement,
entered into under chapter 43.‑- RCW (sections 2 through 19 of this act).
NEW
SECTION. Sec. 32. The
environmental excellence account is hereby created in the state treasury. All
fees and voluntary contributions collected by state agencies under section 18
of this act shall be deposited into the account. Moneys in the account may be
spent only after appropriation. Expenditures from the account may be used only
for purposes consistent with the environmental excellence program created under
sections 2 through 19 of this act. Moneys in the account may be appropriated
to each agency in an amount equal to the amount each agency collects and
deposits into the account.
NEW SECTION. Sec. 33.
Sections 2 through 19 of this act constitute a new chapter in Title 43 RCW.
