BILL REQ. #:  H-4211.1 

Read first time 01/20/2004.   Referred to Committee on Agriculture & Natural Resources.

     TO THE HONORABLE GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES, AND TO THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, AND TO THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES, IN CONGRESS ASSEMBLED, AND TO THE SECRETARY OF THE UNITED STATES DEPARTMENT OF THE INTERIOR, AND TO THE ADMINISTRATOR OF THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY:
     We, your Memorialists, the Senate and House of Representatives of the State of Washington, in legislative session assembled, respectfully represent and petition as follows:
     WHEREAS, The federal Clean Water Act sets a national goal to restore and maintain the chemical, physical, and biological integrity of the nation's waters and to eliminate pollutant discharges into navigable waters; and
     WHEREAS, The federal Clean Water Act requires states to adopt water quality standards to protect fish and other aquatic life as well as humans using water for recreation, drinking water, and fishing; and
     WHEREAS, The Washington Department of Ecology reports that currently one-third of the state's water bodies fail to meet these state water quality standards; and
     WHEREAS, The federal Clean Water Act also establishes the National Pollutant Discharge Elimination System (NPDES) permit system, which regulates wastewater discharges from point sources to surface waters to limit the quantity and concentrations of contaminants discharged; and
     WHEREAS, The federal Clean Water Act identifies storm water as a point source of pollution, thus requiring a NPDES storm water discharge permit system; and
     WHEREAS, The federal Clean Water Act and implementing regulations adopted by the federal Environmental Protection Agency established two phases for NPDES permits to control storm water discharges from various entities; and
     WHEREAS, The Phase I NPDES permits were issued to cover storm water discharges from certain industries, construction sites involving five or more acres, and municipalities operating municipal separate storm sewer systems with a population greater than one hundred thousand; and
     WHEREAS, Public entities subject to the Phase I NPDES permit program in Washington include two cities, four counties, and the Washington State Department of Transportation; and
     WHEREAS, The Washington Department of Ecology, the state agency delegated authority by the United States Environmental Protection Agency to administer the federal NPDES permit program in this state, estimates the cost of compliance with the Phase I municipal storm water requirements is more than ten million dollars per year for cities and counties in Washington that are subject to these requirements; and
     WHEREAS, The federal Phase II NPDES permit requirements apply to construction sites disturbing between one and five acres and to smaller municipalities operating municipal separate storm sewer systems that are located in census defined urbanized areas and meet certain criteria; and
     WHEREAS, The Washington Department of Ecology has identified more than one hundred cities and counties in Washington required to comply with the federal Phase II municipal storm water requirements; and
     WHEREAS, The Washington Department of Ecology estimates that compliance with the federal Phase II municipal storm water regulations estimates will cost affected Washington cities and counties more than thirty million dollars per year; and
     WHEREAS, The State of Washington and its cities, counties, businesses, and residents have been working to reduce storm water pollution in this state and have made progress in reducing pollution associated with urban storm water; and
     WHEREAS, Continued improvement in addressing pollution associated with storm water runoff is critical for compliance with federal Clean Water Act requirements and for the viability of the state's shellfish industry and commercial and recreational fishing industries as well as for the availability of recreational opportunities and high quality of life for the state's residents; and
     WHEREAS, Compliance with the federal municipal storm water requirements has already cost and will continue to cost Washington's state and local governments many millions of dollars; and
     WHEREAS, The continued cost of compliance with these federal requirements is an increasingly significant burden for Washington's state and local governments, which face very difficult fiscal situations and limited funding to implement all mandated activities; and
     WHEREAS, Compliance with the permitting requirements for municipal separate storm sewer systems under the federal Clean Water Act and the federal Environmental Protection Agency's implementing regulations represent a federally unfunded mandate on Washington's state and local governments;
     NOW, THEREFORE, Your Memorialists respectfully pray that the United States Congress provide the State of Washington and its cities and counties with adequate funding to fully implement the permit requirements for municipal separate storm sewer systems established by the federal Clean Water Act and the implementing regulations adopted by the federal Environmental Protection Agency.
     BE IT RESOLVED, That copies of this Memorial be immediately transmitted to the Honorable George W. Bush, President of the United States, the Secretary of the United States Department of the Interior, the Administrator of the United States Environmental Protection Agency, the President of the United States Senate, the Speaker of the House of Representatives, and each member of Congress from the State of Washington.