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SUBSTITUTE
SENATE BILL 6349
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Passed
Legislature - 2000 Regular Session
State
of Washington 56th Legislature 2000 Regular Session
By
Read
first time 01/24/2000.
Extending the expiration date of the water well delegation
program.
AN
ACT Relating to extending the expiration date of the water well delegation
program; amending RCW 18.104.043; and providing an expiration date.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
18.104.043 and 1996 c 12 s 2 are each amended to read as follows:
(1)
If requested in writing by the governing body of a local health district or
county, the department by memorandum of agreement may delegate to the governing
body the authority to administer and enforce the well tagging, sealing, and
decommissioning portions of the water well construction program.
(2)
The department shall determine whether a local health district or county that
seeks delegation under this section has the resources, capability, and
expertise, including qualified field inspectors, to administer the delegated
program. If the department determines the local government has these
resources, it shall notify well contractors, consultants, and operators of the
proposal. The department shall accept written comments on the proposal for
sixty days after the notice is mailed.
(3)
If the department determines that a delegation of authority to a local health
district or county to administer and enforce the well sealing and
decommissioning portions of the water well construction program will enhance
the public health and safety and the environment, the department and the local
governing body may enter into a memorandum of agreement setting forth the
specific authorities delegated by the department to the local governing body.
The memorandum of agreement shall provide for an initial review of the
delegation within one year and for periodic review thereafter.
(4)
With regard to the portions of the water well construction program delegated
under this section, the local governing agency shall exercise only the
authority delegated to it under this section. If, after a public hearing, the
department determines that a local governing body is not administering the
program in accordance with this chapter, it shall notify the local governing
body of the deficiencies. If corrective action is not taken within a
reasonable time, not to exceed sixty days, the department by order shall
withdraw the delegation of authority.
(5)
The department shall promptly furnish the local governing body with a copy of
each water well report and notification of start cards received in the area
covered by a delegated program.
(6)
The department and the local governing body shall coordinate to reduce duplication
of effort and shall share all appropriate information including technical
reports, violations, and well reports.
(7)
Any person aggrieved by a decision of a local health district or county under a
delegated program may appeal the decision to the department. The department's
decision is subject to review by the pollution control hearings board as
provided in RCW 43.21B.110.
(8)
The department shall not delegate the authority to license well contractors,
renew licenses, receive notices of intent to commence constructing a well,
receive well reports, or collect state fees provided for in this chapter.
(((9)
This section expires June 30, 2000.))
*NEW
SECTION. Sec. 2.
RCW 18.104.043 expires June 30, 2006.
*Sec. 2 was vetoed. See message at end of chapter.
Passed the Senate February 7, 2000.
Passed the House February 29, 2000.
Approved by the Governor
March 17, 2000, with the exception of certain items that were vetoed.
Filed in Office of Secretary of State March 17, 2000.
Note:
Governor's explanation of partial veto is as follows:
"I
am returning herewith, without my approval as to section 2, Substitute Senate
Bill No. 6349 entitled:
"AN
ACT Relating to extending the expiration date of the water well delegation
program;"
This bill would have
extended the authority of the Department of Ecology to delegate the
administration and enforcement of tagging, sealing, and decommissioning of
water wells to local health districts or counties until June 30, 2006. By
vetoing section 2, the Department's authority will be made permanent.
Currently, delegation of
authority is only provided to local governments that meet the strict
requirements of the Department, as set forth in a memorandum of understanding
for each delegation. This program has been in place since 1992 and has already
received two sunset reviews. It is time to make the program permanent because
it is cost effective, and has a proven success record that is resulting in
enhanced public health and environmental protections.
For these reasons, I have
vetoed section 2 of Substitute Senate Bill No. 6349.
With
the exception of section 2, Substitute Senate Bill No. 6349 is approved."
