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.
