BILL REQ. #:  S-1757.1 

READ FIRST TIME 03/03/03.   

     AN ACT Relating to the use of a leaching test in state water quality certifications; and adding a new section to chapter 90.48 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   A new section is added to chapter 90.48 RCW to read as follows:
     (1) In order to ensure that construction projects involving the use of fill material do not pose a threat to water quality, the department may require that the suitability of potential fill material be evaluated using a valid and reliable leaching test, including but not limited to method 1312 from environmental protection agency publication SW-846 (synthetic precipitation leaching procedure), in any water quality certification issued under section 401 of the federal clean water act and in any administrative order issued under this chapter, where such certification or administrative order authorizes the placement of fill material, some or all of which will be placed in waters of the state. Any such requirement imposed by the department in a water quality certification or administrative order issued prior to the effective date of this section is ratified and approved by the legislature as a valid and reliable method for determining concentrations of chemical constituents that can be present in fill material without posing an unacceptable risk of violating water quality standards, and is in effect as imposed by the department for all work not completed by June 1, 2003.
     (2) In enacting this section the legislature does not intend to limit in any way the department's authority under this chapter.