2866-S AMH .... H4435.2

SHB 2866 - H AMD Adopted 0239 February 19, 2002

By Representative

    Beginning on page 7, on line 23, strike all of sections 4 and 5 and insert the following:

    "NEW SECTION. Sec. 4.  A new section is added to chapter 77.55 RCW to read as follows:

    (1) The regulation of storm water projects is the primary responsibly of the department of ecology and local governments  under chapter 90.48 RCW.  Notwithstanding any other provision of this chapter, all hydraulic project approvals related to storm water discharges must follow the provisions established in this section.

    (2) Once the department of ecology or a local government has approved a storm water project that is consistent with the guidelines contained in the department of ecology's adopted storm water manual, or its equivalent, a hydraulic project approval is only required for the actual construction of any storm water outfall or associated structures pursuant to this chapter.  The department may not in these instances deny or condition hydraulic project approvals for water quality or quantity impacts arising from storm water discharges for which the structure is being installed.

    (3)(a) In any other location the department may issue hydraulic project approvals that contain provisions that protect fish life from adverse effects, such as scouring or erosion of the bed of the water body, resulting from the direct hydraulic impacts of the discharge.

    (b) Prior to the issuance of a hydraulic project approval issued under this subsection (3), the department must:

    (i) Make a finding that the discharge from the outfall will cause harmful effects to fish life;

    (ii) Transmit the findings to the applicant and to the city or county where the project is being proposed; and

    (iii) Allow the applicant an opportunity to use local ordinances or other mechanisms to avoid the adverse effects resulting from the direct hydraulic discharge.

    (c) After following the procedures set forth in (b) of this subsection, the department may issue a hydraulic project approval that prescribes the discharge rates from an outfall structure that will prevent adverse effects to the bed or flow of the waterway.  The department may recommend, but not specify, the measures required to meet these discharge rates.  The department may not require changes to the project design above the mean higher high water mark of marine waters, or the ordinary high water mark of fresh waters of the state.  Nothing in this section alters any authority the department may have to regulate other types of projects under this chapter."

    Renumber the remaining sections consecutively, correct any internal references accordingly, and correct the title.

EFFECT:  This amendment:  (1) Specifies that the Department of Ecology and local governments have the primary responsibility for the regulation of storm water projects; (2) restricts the Department of Fish and Wildlife from denying or conditioning hydraulic project approvals for storm water quality and quantity impacts once the Department of Ecology or a local government has approved a project as being consistent with the Department of Ecology's storm water manual; (3) authorizes the Department of Fish and Wildlife to issue hydraulic project approvals in certain areas that contain provisions to protect fish life, after the department makes a finding that the outfall will cause harmful effects, the findings are transmitted to the applicant and the appropriate local government, and the applicant has had the opportunity to use local ordinances to avoid the adverse effects; and (4) prohibits the Department of Fish and Wildlife from requiring changes to project designs above the mean higher high water mark of marine waters, or the ordinary high water mark of fresh waters of the state.

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