BILL REQ. #:  S-3562.2 

Read first time 01/20/2004.   Referred to Committee on Natural Resources, Energy & Water.

     AN ACT Relating to conditioning storm water general discharge permits; 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:
     The department is authorized to issue storm water general permits under the national pollution discharge elimination system of the federal clean water act if such permits are required to comply with federal standards or are necessary for the effective implementation of this chapter. However, the permits are subject to the following conditions:
     (1) The implementation and maintenance of best management practices for on-site pollution control is presumed to constitute compliance with the standards and requirements of the permit, subject to the conditions of subsection (2) of this section.
     (2) For purposes of storm water discharges, meeting effluent discharge limits must be demonstrated through implementation of best management practices sufficient to equate to all known and reasonable treatment. The department may monitor best management practices, for as long as deemed necessary, to determine their effectiveness in managing pollutants in storm water. Compliance with numeric effluent discharge limitations on any waterbody may not be a condition of the permit unless:
     (a) Compliance is required in order to comply with federally adopted effluent limits;
     (b) Water quality impacts of a specific storm water discharge on the receiving waterbody have been determined to have a sustained adverse impact on water quality. This determination is to be through the collection of substantial time weighted and statistically significant numeric and/or biological data. This determination is subject to appeal. During the data collection phase, the effluent discharge limitation must be set equivalent to the current discharge; or
     (c) Numeric effluent limitations are derived from a finalized and approved total daily maximum load study of the applicable waterbody.
     (3)(a) Standard mixing zones must be allowed for all applicable permittees. Additional application for coverage under a general permit or further approval by the department under the terms of a permit may not be a condition on the use of standard mixing zones. Standard mixing zones shall be based on the following six criteria:
     (i) The allowable size and location of a mixing zone and the associated effluent limits shall be established in discharge permits, general permits, or orders, as appropriate;
     (ii) A discharger shall be required to fully apply all known, available, and reasonable methods of prevention, control, and treatment prior to being authorized a mixing zone;
     (iii) Mixing zone determinations shall consider critical discharge conditions;
     (iv) No mixing zone shall be granted unless the supporting information clearly indicates the mixing zone would not have a reasonable potential to cause a loss of sensitive or important habitat, substantially interfere with the existing or characteristic uses of the water body, result in damage to the ecosystem, or adversely affect public health as determined by the department;
     (v) Water quality criteria shall not be violated outside of the boundary of a mixing zone as a result of the discharge for which the mixing zone was authorized; and
     (vi) The size of a mixing zone and the concentrations of pollutants present shall be minimized.
     (b) When the department determines that a granted standard mixing zone based on the six criteria in (a) of this subsection, will cause significant degradation to the environment, the department must notify the permittee and provide a compliance schedule and technical assistance, as identified in subsection (5) of this section, to:
     (i) Correct the problems identified with the mixing zone;
     (ii) Conduct studies as necessary to support an alternative mixing zone; or
     (iii) Make physical and operational changes as necessary to meet applicable discharge standards under the permit for a facility without a mixing zone. The department shall adopt rules to implement this subsection.
     (4) The department must follow the requirements of chapter 34.05 RCW in establishing any provisions of a storm water manual or other technical guidance document issued by the department or a federal agency as a condition of a permitted discharge. Any state-issued guidance document that is not required to meet chapter 34.05 RCW requirements must be plainly marked "guidance only" on each page and is not considered a mandatory component of the permit writer's manual.
     (5) Storm water discharges under the permit are required to achieve compliance with effluent discharge standards within the shortest time economically and technically practicable, but in no case over one hundred twenty months after the initial determination of adverse impact as defined in subsection (2)(a) of this section, except: Where the pollutant is of such a widespread nature in the environment and receiving waters as to require a completed total maximum daily load or other pollution control measure to address the water quality concerns. In that case:
     (a) The total maximum daily load waste or waste load allocation constitutes the basis for effluent discharge standards that will supersede the effluent discharge standard;
     (b) Prior to and during the development of the total maximum daily load, or other pollution control measures, the storm water permittee must be given an interim effluent discharge standard equivalent to current discharges;
     (c) The permittee is required to take prudent actions to reduce the discharge of these wide-area pollutants to the maximum extent practicable;
     (d) The permittee must provide an annual report on efforts taken to reduce discharges to the responsible agency in conjunction with any required discharge monitoring reports; and
     (e) At the request of the permittee, the department must provide the permittee with technical assistance to assist with the application of best management practices or other methods that may allow the permittee to come into compliance with the permit.
     (6) Ambient instream monitoring is the responsibility of the state. In consideration of the health and safety of the general permittee and their employees, instream sampling is not a requirement of an industrial or construction general permit. The department is authorized to use fees collected in conjunction with storm water permits to support necessary storm water-related ambient monitoring, subject to budgetary approval by the legislature.
     (7) Notwithstanding any other provision of law, a permittee is only liable for that portion of storm water-borne pollution or storm water flow that originates from facilities owned or operated by the permittee. This provision specifically includes combined discharges from privately or municipally owned storm water conveyances.
     (8) Upon application by the permittee who requires a mixing zone, compliance schedule, or is subject to a total maximum daily load, the department shall issue an individual permit in lieu of coverage under a general permit. After application, and prior to the issuance of an individual permit, the permittee will be covered under the general permit. The department shall, if necessary, assign interim effluent discharge standards equivalent to current discharges during the development of the individual permit.