_______________________________________________
SECOND
SUBSTITUTE HOUSE BILL 2867
_______________________________________________
AS
AMENDED BY THE SENATE
Passed
Legislature - 2002 Regular Session
State
of Washington 57th Legislature 2002 Regular Session
By
Read
first time 02/09/2002. Referred to Committee on .
Mitigating the effects of the aquatic pesticide national
pollutant discharge elimination system permit required as the result of a
recent court decision.
AN
ACT Relating to mitigating the effects of the aquatic pesticide national
pollutant discharge elimination system permit required as a result of a recent
federal court decision; amending RCW 90.48.465; creating a new section; and
declaring an emergency.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. The
legislature finds that the recent federal court of appeals decision in Headwaters,
Inc. v. Talent Irrigation District, 243 F.3rd 526 (9th Cir. 2001) imposes a
duty to obtain a national pollutant discharge elimination system permit under
the clean water act for the application of pesticides to irrigation canals.
This duty is also extended to other individuals and organizations that apply
pesticides to other waters, where no duty existed before the Talent
decision.
The
legislature finds that the costs associated with the issuance of the national
pollutant discharge elimination system permit now required by the department of
ecology as a result of the federal decision is burdensome to the affected
individuals and organizations. The legislature intends to temporarily reduce
the burden of the federal decision on those individuals and organizations.
Sec.
2. RCW
90.48.465 and 1998 c 262 s 16 are each amended to read as follows:
(1)
The department shall establish annual fees to collect expenses for issuing and
administering each class of permits under RCW 90.48.160, 90.48.162, and
90.48.260. An initial fee schedule shall be established by rule ((within
one year of March 1, 1989, and thereafter the fee schedule shall)) and
be adjusted no more often than once every two years. This fee schedule shall
apply to all permits, regardless of date of issuance, and fees shall be
assessed prospectively. All fees charged shall be based on factors relating to
the complexity of permit issuance and compliance and may be based on pollutant
loading and toxicity and be designed to encourage recycling and the reduction
of the quantity of pollutants. Fees shall be established in amounts to fully recover
and not to exceed expenses incurred by the department in processing permit
applications and modifications, monitoring and evaluating compliance with
permits, conducting inspections, securing laboratory analysis of samples taken
during inspections, reviewing plans and documents directly related to
operations of permittees, overseeing performance of delegated pretreatment
programs, and supporting the overhead expenses that are directly related to
these activities.
(2)
The annual fee paid by a municipality, as defined in 33 U.S.C. Sec. 1362, for
all domestic wastewater facility permits issued under RCW 90.48.162 and
90.48.260 shall not exceed the total of a maximum of fifteen cents per month
per residence or residential equivalent contributing to the municipality's
wastewater system. ((The department shall adopt by rule a schedule of
credits for any municipality engaging in a comprehensive monitoring program
beyond the requirements imposed by the department, with the credits available
for five years from March 1, 1989, and with the total amount of all credits not
to exceed fifty thousand dollars in the five-year period.))
(3)
The department shall ensure that indirect dischargers do not pay twice for the
administrative expense of a permit. Accordingly, administrative expenses for
permits issued by a municipality under RCW 90.48.165 are not recoverable by the
department.
(4)
In establishing fees, the department shall consider the economic impact of fees
on small dischargers and the economic impact of fees on public entities
required to obtain permits for storm water runoff and shall provide appropriate
adjustments.
(5)
The fee for an individual permit issued for a dairy farm as defined under
chapter 90.64 RCW shall be fifty cents per animal unit up to ((one thousand
one hundred sixty-seven dollars for fiscal year 1998 and)) one thousand two
hundred fourteen dollars for fiscal year 1999. The fee for a general permit
issued for a dairy farm as defined under chapter 90.64 RCW shall be fifty cents
per animal unit up to ((eight hundred seventeen dollars for fiscal year 1998
and)) eight hundred fifty dollars for fiscal year 1999. Thereafter, these
fees may rise in accordance with the fiscal growth factor as provided in
chapter 43.135 RCW.
(6)
The fee for a general permit or an individual permit developed solely as a
result of the federal court of appeals decision in Headwaters, Inc. v.
Talent Irrigation District, 243 F.3rd 526 (9th Cir. 2001) is limited, until
June 30, 2003, to a maximum of three hundred dollars. Such a permit is
required only, and as long as, the interpretation of this court decision is not
overturned or modified by future court rulings, administrative rule making, or
clarification of scope by the United States environmental protection agency or
legislative action. In such a case the department shall take appropriate
action to rescind or modify these permits.
(7)
All fees collected under this section shall be deposited in the water quality
permit account hereby created in the state treasury. Moneys in the account may
be appropriated only for purposes of administering permits under RCW 90.48.160,
90.48.162, and 90.48.260.
(((7)
Beginning with the biennium ending June 30, 1997,)) (8) The
department shall present a biennial progress report on the use of moneys from
the account to the legislature. The report will be due December 31st of
odd-numbered years. The report shall consist of information on fees collected,
actual expenses incurred, and anticipated expenses for the current and
following fiscal years.
NEW
SECTION. Sec. 3. This
act is necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public
institutions, and takes effect immediately.
