H-3439.1  _______________________________________________

                          HOUSE BILL 2869

          _______________________________________________

State of Washington      57th Legislature     2002 Regular Session

By Representative Ericksen

Read first time 01/30/2002.  Referred to Committee on Local Government & Housing.

Exempting specified waste disposal activities from storm water fees.

    AN ACT Relating to storm water fees; and amending RCW 36.89.080.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

    Sec. 1.  RCW 36.89.080 and 1998 c 74 s 1 are each amended to read as follows:

(1) Any county legislative authority may provide by resolution for revenues by fixing rates and charges for the furnishing of service to those served or receiving benefits or to be served or to receive benefits from any storm water control facility or contributing to an increase of surface water runoff.  In fixing rates and charges, the county legislative authority may in its discretion consider:  (((1))) (a) Services furnished or to be furnished; (((2))) (b) benefits received or to be received; (((3))) (c) the character and use of land or its water runoff characteristics; (((4))) (d) the nonprofit public benefit status, as defined in RCW 24.03.490, of the land user; (((5))) (e) income level of persons served or provided benefits under this chapter, including senior citizens and disabled persons; or (((6))) (f) any other matters which present a reasonable difference as a ground for distinction.  The service charges and rates collected shall be deposited in a special fund or funds in the county treasury to be used only for the purpose of paying all or any part of the cost and expense of maintaining and operating storm water control facilities, all or any part of the cost and expense of planning, designing, establishing, acquiring, developing, constructing and improving any of such facilities, or to pay or secure the payment of all or any portion of any issue of general obligation or revenue bonds issued for such purpose.

(2) Any person who conducts a commercial or industrial operation of any kind and operates under a valid waste disposal permit issued under chapter 90.48 RCW or a national pollutant discharge elimination system permit is exempt from the rates and charges authorized by this section.

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