1689-S.E AMS MORT S3066.3

ESHB 1689 - S AMD 448

By Senator Morton

ADOPTED 04/26/2003

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. (1) The legislature recognizes that much work on municipal storm water management has already occurred throughout the state by counties, cities, and ports. The legislature also recognizes that municipal separate storm sewer systems face challenges that are different from other types of storm sewer systems and that implementing these programs involves great effort, significant costs, and inherent difficulties in identifying sources and controlling introduction of pollutants from a wide variety of sources that may contribute to the contamination of storm water discharged through municipal separate storm sewer systems. The legislature finds that phase one and phase two municipal separate storm sewer system permits developed by the department of ecology under the national pollutant discharge elimination system permit program of the federal clean water act (33 U.S.C. Sec. 1251 et seq.) need to identify storm water management mechanisms to best achieve environmental benefits and satisfy federal clean water act requirements in the most cost-effective manner.

(2) The legislature recognizes the need to determine whether it is in the state's interest to integrate municipal separate storm sewer system permit programs developed under phase one and phase two of the national pollutant discharge elimination system permit program. The legislature finds that coordinated permit programs and cooperative storm water management programs between and among local governments may reduce costs and enhance program effectiveness.

(3) The legislature finds that issues associated with storm water management are significantly different in eastern Washington, Puget Sound, and other areas of western Washington. The legislature also finds that the federal phase two permits developed by the department of ecology must recognize these differences.

NEW SECTION. Sec. 2. (1) The department of ecology shall establish a permit development advisory group for the geographic areas draining to Puget Sound in western Washington to advise and assist the department regarding permits for municipal separate storm sewer systems. The permit development advisory group shall work within a facilitated process according to subsection (2) of this section to review the issues identified in section 5 of this act and to make recommendations and submit reports to the legislature according to section 6 of this act. The permit development advisory group, which may include up to eighteen members, of which at least half shall be representatives of local government, shall:

(a) Review and address the issues specified in section 5 of this act and any other issues regarding municipal separate storm sewer systems for which the department of ecology requests advice and assistance; and

(b) Advise and assist the department of ecology in drafting a permit or permits for municipal separate storm sewer systems in geographic areas draining to Puget Sound in western Washington as required by federal regulations implementing phase two of the national pollutant discharge elimination system permit program under the federal clean water act (33 U.S.C. Sec. 1251 et seq.).

(2) At its first meeting, the permit development advisory group shall establish an executive committee with a minimum of three and a maximum of five members. The executive committee shall include representatives of local government, business associations, and environmental organizations. The executive committee shall advise and assist the department of ecology to develop a request for proposals for a facilitator to work with and facilitate the permit development advisory group's review of the issues identified in section 5 of this act and to develop recommendations and submit reports to the legislature according to section 6 of this act. The executive committee also shall review the responses to the request for proposals and select the facilitator. The department of ecology and the executive committee shall work expeditiously to select a facilitator who can begin working with the permit development advisory group by June 1, 2003.

(3) This section expires June 30, 2005.

NEW SECTION. Sec. 3. (1) The department of ecology shall develop a municipal separate storm sewer system permit or permits that address the issues and needs of municipalities operating these systems in eastern Washington. The department shall use the existing storm water advisory group it has established in eastern Washington to advise and assist the department regarding permits for municipal separate storm sewer systems to be issued in eastern Washington. The eastern Washington storm water advisory group shall:

(a) Review and address the issues specified in section 5 of this act as they pertain to eastern Washington and any other issues regarding municipal separate storm sewer systems for which the department of ecology requests advice and assistance; and

(b) Assist and advise the department of ecology in drafting a permit or permits for municipal separate storm sewer systems in eastern Washington as required by federal regulations implementing phase two of the national pollutant discharge elimination system permit program under the federal clean water act (33 U.S.C. Sec. 1251 et seq.).

(2) This section expires June 30, 2005.

NEW SECTION. Sec. 4. (1) The department of ecology shall establish a permit development advisory group for the coastal and southwest areas in western Washington to advise and assist the department regarding permits for municipal separate storm sewer systems. The permit development advisory group shall:

(a) Review and address the issues specified in section 5 of this act and any other issues regarding municipal separate storm sewer systems for which the department requests advice and assistance; and

(b) Advise and assist the department in drafting a permit or permits for municipal separate storm sewer systems in coastal and southwest Washington as required by federal regulations implementing phase two of the national pollutant discharge elimination system permit program under the federal clean water act (33 U.S.C. Sec. 1251 et seq.).

(2) This section expires June 30, 2005.

NEW SECTION. Sec. 5. (1) The permit development advisory group for Puget Sound areas in western Washington established in section 2 of this act, the eastern Washington storm water advisory group identified in section 3 of this act, and the permit development advisory group for coastal and southwest areas in western Washington established in section 4 of this act shall review and make recommendations to the department of ecology regarding the development of permits for municipal separate storm sewer systems. Issues considered by these groups shall include the:

(a) Types of discharges being regulated under these permits;

(b) Areas being regulated by these permits under phases one and two of the federal national pollutant discharge elimination system permit program as they relate to municipal borders;

(d) Integration of permits and permit requirements for phase one and phase two of the federal national pollutant discharge elimination system permit program;

(e) Application of these permits to ground water discharges;

(f) Level of effort required of municipalities to satisfy permit requirements regarding:

(i) Public education and outreach;

(ii) Public participation and public involvement;

(iii) Illicit discharge detection and elimination;

(iv) Construction site runoff control;

(v) Postconstruction runoff control;

(vi) Pollution prevention and good housekeeping;

(vii) Implementation of applicable total maximum daily loads; and

(viii) Program evaluation and reporting;

(g) Protection for shellfish areas;

(h) Costs and benefits associated with each permit element not required under federal law;

(i) The use of land use planning and existing land use plans and rules as a best management practice for storm water management; and

(j) Potential funding sources for implementation of permit requirements.

(2) This section expires June 30, 2005.

NEW SECTION. Sec. 6. (1) No later than December 15, 2003, the permit development advisory groups established and identified in sections 2, 3, and 4 of this act shall report regarding their work to the appropriate committees of the legislature.

(2) After the permits are developed but no later than December 1, 2004, the department of ecology shall submit a final report to the appropriate committees of the legislature regarding these permits and the work of the advisory groups. The department shall also identify any legislative recommendations from these groups or from the department based on the work of these groups.

NEW SECTION. Sec. 7. 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."

ESHB 1689 - S AMD 448

By Senator Morton

ADOPTED 04/26/2003

On page 1, line 2 of the title, after "permits;" strike the remainder of the title and insert "creating new sections; providing expiration dates; and declaring an emergency."

--- END ---