HB 2867-S - DIGEST

(SUBSTITUTED FOR - SEE 2ND SUB)

     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.

     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 unfairly burdensome to the affected individuals and organizations.

     Declares an intent to reduce the burden of the federal decision on those individuals and organizations.

     Declares that the fee for a general permit or an individual permit required 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 to a maximum of three hundred dollars.

     Appropriates the sum of two hundred thousand dollars, or as much thereof as may be necessary, to the department of ecology for the biennium ending June 30, 2003, from the water quality permit account for the purposes of developing and administering the permit program described in this act.