S-0046.1 _______________________________________________
SENATE BILL 5087
_______________________________________________
State of Washington 56th Legislature 1999 Regular Session
By Senator Swecker
Read first time 01/12/1999. Referred to Committee on Environmental Quality & Water Resources.
AN ACT Relating to compliance with the federal clean water act; amending RCW 90.48.260; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. The legislature finds that community-based involvement and cooperation with local governments lead to cost-effective solutions to reduce water pollution and achieve water quality standards. In addition, local support for programs to reduce water pollution and achieve water quality standards increases the chance of success of these programs.
Therefore, it is the purpose of this act to require the department of ecology to involve local governments and citizens in preparing the total maximum daily load it submits to the federal government for each body of water that fails to meet the water quality standards under the federal clean water act.
Sec. 2. RCW 90.48.260 and 1988 c 220 s 1 are each amended to read as follows:
(1)
The department of ecology is hereby designated as the State Water Pollution
Control Agency for all purposes of the federal clean water act as it exists on
February 4, 1987, and is hereby authorized to participate fully in the programs
of the act as well as to take all action necessary to secure to the state the
benefits and to meet the requirements of that act. With regard to the national
estuary program established by section 320 of that act, the department shall
exercise its responsibility jointly with the Puget Sound ((water quality
authority)) action team. The powers granted herein include, among
others, and notwithstanding any other provisions of chapter 90.48 RCW or
otherwise, the following:
(((1)))
(a) Complete authority to establish and administer a comprehensive state
point source waste discharge or pollution discharge elimination permit program
which will enable the department to qualify for full participation in any
national waste discharge or pollution discharge elimination permit system and will
allow the department to be the sole agency issuing permits required by such
national system operating in the state of Washington subject to the provisions
of RCW 90.48.262(2). Program elements authorized herein may include, but are
not limited to: (((a))) (i) Effluent treatment and limitation
requirements together with timing requirements related thereto; (((b))) (ii)
applicable receiving water quality standards requirements; (((c))) (iii)
requirements of standards of performance for new sources; (((d))) (iv)
pretreatment requirements; (((e))) (v) termination and
modification of permits for cause; (((f))) (vi) requirements for
public notices and opportunities for public hearings; (((g))) (vii)
appropriate relationships with the secretary of the army in the administration
of his responsibilities which relate to anchorage and navigation, with the
administrator of the environmental protection agency in the performance of his
duties, and with other governmental officials under the federal clean water
act; (((h))) (viii) requirements for inspection, monitoring,
entry, and reporting; (((i))) (ix) enforcement of the program
through penalties, emergency powers, and criminal sanctions; (((j))) (x)
a continuing planning process; and (((k))) (xi) user charges.
(((2)))
(b) The power to establish and administer state programs in a manner
which will insure the procurement of moneys, whether in the form of grants,
loans, or otherwise; to assist in the construction, operation, and maintenance
of various water pollution control facilities and works; and the administering
of various state water pollution control management, regulatory, and
enforcement programs.
(((3)))
(c) The power to develop and implement appropriate programs pertaining
to continuing planning processes, area-wide waste treatment management plans,
and basin planning.
(2) In addition to the elements in subsection (1)(a) of this section, the department must, in preparing the total maximum daily load for each water body that fails to meet the standards under the federal clean water act in 33 U.S.C. Sec. 1313:
(a) Consider alternatives such as flow augmentation and instream mechanical aerators; and
(b) Collaborate with local governments and wastewater treatment plant operators to arrive at appropriate treatment methods to bring the impaired water body into compliance with the water quality standard.
(3) The governor shall have authority to perform those actions required of him or her by the federal clean water act.
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