AN ACT Relating to
state agency review of water and sewer general comprehensive plans; amending
RCW 90.48.020 and 90.48.110; adding a new section to chapter 43.20 RCW; adding
a new section to chapter 57.16 RCW; and adding a new section to chapter 70.116 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
NEW SECTION. Sec.
1. A new section is added
to chapter 43.20 RCW to read as follows:
For any new or revised
water system plan submitted for review under this chapter, the department shall
review and either approve, conditionally approve, reject, or request amendments
within ninety days of the receipt of the submission of the plan. The
department may extend this ninety-day time limitation for new submittals by up
to an additional ninety days if insufficient time exists to adequately review
the general comprehensive plan. For rejections of plans or extensions of the
timeline, the department shall provide in writing, to the person or entity
submitting the plan, the reason for such action. In addition, the person or
entity submitting the plan and the department may mutually agree to an
extension of the deadlines contained in this section.
NEW SECTION. Sec.
2. A new section is added
to chapter 57.16 RCW to read as follows:
For any new or revised
sewer general comprehensive plan submitted by a water-sewer district for review
under this chapter, the appropriate state agency shall review and either
approve, conditionally approve, reject, or request amendments within ninety
days of the receipt of the submission of the plan. The appropriate state
agency may extend this ninety-day time limitation for new submittals by up to
an additional ninety days if insufficient time exists to adequately review the
general comprehensive plan. For rejections of plans or extensions of the
timeline, the appropriate state agency shall provide in writing to the
water-sewer district the reason for such action. In addition, the governing
body of the water-sewer district and the appropriate state agency may mutually
agree to an extension of the deadlines contained in this section.
NEW SECTION. Sec.
3. A new section is added
to chapter 70.116 RCW to read as follows:
For any new or revised
water or sewer system plan submitted for review under this chapter, the
department of health shall review and either approve, conditionally approve,
reject, or request amendments within ninety days of the receipt of the
submission of the plan. The department of health may extend this ninety-day
time limitation for new submittals by up to an additional ninety days if
insufficient time exists to adequately review the general comprehensive plan.
For rejections of plans or extensions of the timeline, the department shall
provide in writing, to the person or entity submitting the plan, the reason for
such action. In addition, the person or entity submitting the plan and the
department of health may mutually agree to an extension of the deadlines contained
in this section.
Sec. 4. RCW 90.48.020 and 1995 c
255 s 7 are each amended to read as follows:
Whenever the word
"person" is used in this chapter, it shall be construed to include
any political subdivision, government agency, municipality, industry, public or
private corporation, copartnership, association, firm, individual or any other
entity whatsoever.
Wherever the words
"waters of the state" shall be used in this chapter, they shall be
construed to include lakes, rivers, ponds, streams, inland waters, underground
waters, salt waters and all other surface waters and watercourses within the
jurisdiction of the state of Washington.
Whenever the word
"pollution" is used in this chapter, it shall be construed to mean
such contamination, or other alteration of the physical, chemical or biological
properties, of any waters of the state, including change in temperature, taste,
color, turbidity, or odor of the waters, or such discharge of any liquid,
gaseous, solid, radioactive, or other substance into any waters of the state as
will or is likely to create a nuisance or render such waters harmful,
detrimental or injurious to the public health, safety or welfare, or to
domestic, commercial, industrial, agricultural, recreational, or other
legitimate beneficial uses, or to livestock, wild animals, birds, fish or other
aquatic life.
Wherever the word
"department" is used in this chapter it shall mean the department of
ecology.
Whenever the word
"director" is used in this chapter it shall mean the director of
ecology.
Whenever the words
"aquatic noxious weed" are used in this chapter, they have the
meaning prescribed under RCW 17.26.020.
Whenever the words
"general sewer plan" are used in this chapter they shall be construed
to include all sewerage general plans, sewer general comprehensive plans, plans
for a system of sewerage, and other plans for sewer systems adopted by a local
government entity including but not limited to cities, towns, public utility
districts, and water-sewer districts.
Sec. 5. RCW 90.48.110 and 1994 c
118 s 1 are each amended to read as follows:
(1) Except under
subsection (2) of this section, all engineering reports, plans, and
specifications for the construction of new sewerage systems, sewage treatment
or disposal plants or systems, or for improvements or extensions to existing
sewerage systems or sewage treatment or disposal plants, and the proposed
method of future operation and maintenance of said facility or facilities,
shall be submitted to and be approved by the department, before construction
thereof may begin. No approval shall be given until the department is
satisfied that said plans and specifications and the methods of operation and
maintenance submitted are adequate to protect the quality of the state's waters
as provided for in this chapter.
(2) To promote
efficiency in service delivery and intergovernmental cooperation in protecting
the quality of the state's waters, the department may delegate the authority
for review and approval of engineering reports, plans, and specifications for
the construction of new sewerage systems, sewage treatment or disposal plants
or systems, or for improvements or extensions to existing sewerage system or
sewage treatment or disposal plants, and the proposed method of future
operations and maintenance of said facility or facilities and industrial
pretreatment systems, to local units of government requesting such delegation
and meeting criteria established by the department.
(3) For
any new or revised general sewer plan submitted for review under this section,
the department shall review and either approve, conditionally approve, reject,
or request amendments within ninety days of the receipt of the submission of
the plan. The department may extend this ninety-day time limitation for new
submittals by up to an additional ninety days if insufficient time exists to
adequately review the general sewer plan. For rejections of plans or
extensions of the timeline, the department shall provide in writing to the
local government entity the reason for such action. In addition, the governing
body of the local government entity and the department may mutually agree to an
extension of the deadlines contained in this section.
