BILL REQ. #:  S-1690.1 

Read first time 02/14/2007.   Referred to Committee on Water, Energy & Telecommunications.

     AN ACT Relating to the use of credible data to establish aquatic herbicide application permit conditions for irrigation drains or wasteways; and amending RCW 90.48.570, 90.48.575, 90.48.580, and 90.48.585.

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

Sec. 1   RCW 90.48.570 and 2004 c 228 s 1 are each amended to read as follows:
     (1) The legislature finds that:
     (a) The proper collection and review of credible water quality data is necessary to ensure compliance with the requirements of the federal clean water act (33 U.S.C. Sec. 1251 et seq.);
     (b) The state needs to assemble and evaluate all existing and readily available water quality-related data and information from sources other than the state water quality agency, such as federal agencies, tribes, universities, and volunteer monitoring groups, if the data meets the state's requirements for data quality; and
     (c) Developing and implementing water quality protection measures based on credible water quality data ensures that the financial resources of state and local governments and regulated entities are prioritized to address our state's most important water quality issues.
     (2) The legislature intends to ensure that credible water quality data is used as the basis for the assessment of the status of a water body relative to the surface water quality standards and to establish conditions on permits issued under the provisions of the federal clean water act or this chapter.
     (3) It is the intent of the legislature that a water body in which pollutant loadings from naturally occurring conditions are the sole cause of a violation of applicable surface water quality standards not be listed as impaired.

Sec. 2   RCW 90.48.575 and 2004 c 228 s 2 are each amended to read as follows:
     The definitions in this section apply to RCW 90.48.580 and 90.48.585 unless the context clearly requires otherwise.
     (1) "Credible data" means data meeting the requirements of RCW 90.48.585.
     (2) "Department" means the Washington state department of ecology.
     (3) "Impaired water" means a water body or segment for which credible data exists that: (a) Satisfies the requirements of RCW 90.48.580 and 90.48.585; and (b) demonstrates the water body should be identified pursuant to 33 U.S.C. Sec. 1313(d).
     (4) "Irrigation drain or wasteway" means a water conveyance system operated, maintained, or operated and maintained, by an irrigation district, that is either constructed or uses the natural topography to convey irrigation return flows to naturally occurring water bodies.
     (5) "Naturally occurring condition" means any condition affecting water quality that is not caused by human influence.
     (((5))) (6) "Section 303(d)" has the same meaning as in the federal clean water act (33 U.S.C. Sec. 1313(d)).
     (((6))) (7) "Total maximum daily load" has the same meaning as in the federal clean water act (33 U.S.C. Sec. 1313(d)).

Sec. 3   RCW 90.48.580 and 2004 c 228 s 3 are each amended to read as follows:
     (1) The department shall use credible information and literature for developing and reviewing a surface water quality standard or technical model used to establish a total maximum daily load for any surface water of the state.
     (2) The department shall use credible data for the following actions after June 10, 2004:
     (a) Determining whether any water of the state is to be placed on or removed from any section 303(d) list;
     (b) Establishing a total maximum daily load for any surface water of the state; ((or))
     (c) Determining whether any surface water of the state is supporting its designated use or other classification;
     (d) Making revisions to water quality standards that rely on aquatic life information; or
     (e) Establishing the points of compliance or other provisions of permits required under the provisions of the federal clean water act or this chapter for aquatic herbicide treatment of irrigation drains or wasteways.
     (3) The department shall respond to questions regarding the data, literature, and other information it uses under this section. The department shall reply to requests within five business days acknowledging that the department has received the request and provide a reasonable estimate of the time the department will require to respond to the request.
     (4) The department, the United States environmental protection agency, and the Indian tribes in Washington state have developed a voluntary agreement relating to the cooperative management of the clean water act section 303(d) program. The department shall consider water quality data that has been collected by Indian tribes under a quality assurance project plan that has been approved by the United States environmental protection agency if that data meets the objectives of the plan.

Sec. 4   RCW 90.48.585 and 2004 c 228 s 4 are each amended to read as follows:
     (1) In collecting and analyzing water quality data for any purpose identified in RCW 90.48.580(2), data is considered credible data if:
     (a) Appropriate quality assurance and quality control procedures were followed and documented in collecting and analyzing water quality samples or conducting surveys or studies documenting fish life cycles and habitat suitability;
     (b) The samples or measurements are representative of water quality conditions at the time the data was collected;
     (c) The data consists of an adequate number of samples based on the objectives of the sampling, the nature of the water in question, and the parameters being analyzed; and
     (d) Sampling and laboratory analysis conform to methods and protocols generally acceptable in the scientific community as appropriate for use in assessing the condition of the water.
     (2) Data interpretation, statistical, and modeling methods shall be those methods generally acceptable in the scientific community as appropriate for use in assessing the condition of the water.
     (3) The department shall develop policy:
     (a) Explaining how it uses scientific research and literature for developing and reviewing any water quality standard or technical model used to establish a total maximum daily load for any water of the state;
     (b) Describing the specific criteria that determine data credibility; and
     (c) Recommending the appropriate training and experience for collection of credible data.
     (4) Credible water quality data, for the purpose of this chapter, includes surveys and studies done for the purpose of documenting threatened or endangered anadromous fish life stages and the suitability of irrigation district drains or wasteways to support complete fish life cycles, when those surveys or studies are used to condition permits issued under the provisions of the federal clean water act or this chapter.