BILL REQ. #: H-0694.1
State of Washington | 63rd Legislature | 2013 Regular Session |
Read first time 01/21/13. Referred to Committee on Environment.
AN ACT Relating to delaying new storm water requirements for phase I jurisdictions; and amending RCW 90.48.260.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 90.48.260 and 2012 1st sp.s. c 1 s 313 are each
amended to read as follows:
(1) The department of ecology is hereby designated as the state
water pollution control agency for all purposes of the federal clean
water act as it exists on February 4, 1987, and is hereby authorized to
participate fully in the programs of the act as well as to take all
action necessary to secure to the state the benefits and to meet the
requirements of that act. With regard to the national estuary program
established by section 320 of that act, the department shall exercise
its responsibility jointly with the Puget Sound partnership, created in
RCW 90.71.210. The department of ecology may delegate its authority
under this chapter, including its national pollutant discharge
elimination permit system authority and duties regarding animal feeding
operations and concentrated animal feeding operations, to the
department of agriculture through a memorandum of understanding. Until
any such delegation receives federal approval, the department of
agriculture's adoption or issuance of animal feeding operation and
concentrated animal feeding operation rules, permits, programs, and
directives pertaining to water quality shall be accomplished after
reaching agreement with the director of the department of ecology.
Adoption or issuance and implementation shall be accomplished so that
compliance with such animal feeding operation and concentrated animal
feeding operation rules, permits, programs, and directives will achieve
compliance with all federal and state water pollution control laws.
The powers granted herein include, among others, and notwithstanding
any other provisions of this chapter or otherwise, the following:
(a) Complete authority to establish and administer a comprehensive
state point source waste discharge or pollution discharge elimination
permit program which will enable the department to qualify for full
participation in any national waste discharge or pollution discharge
elimination permit system and will allow the department to be the sole
agency issuing permits required by such national system operating in
the state of Washington subject to the provisions of RCW 90.48.262(2).
Program elements authorized herein may include, but are not limited to:
(i) Effluent treatment and limitation requirements together with timing
requirements related thereto; (ii) applicable receiving water quality
standards requirements; (iii) requirements of standards of performance
for new sources; (iv) pretreatment requirements; (v) termination and
modification of permits for cause; (vi) requirements for public notices
and opportunities for public hearings; (vii) appropriate relationships
with the secretary of the army in the administration of his or her
responsibilities which relate to anchorage and navigation, with the
administrator of the environmental protection agency in the performance
of his or her duties, and with other governmental officials under the
federal clean water act; (viii) requirements for inspection,
monitoring, entry, and reporting; (ix) enforcement of the program
through penalties, emergency powers, and criminal sanctions; (x) a
continuing planning process; and (xi) user charges.
(b) The power to establish and administer state programs in a
manner which will ensure the procurement of moneys, whether in the form
of grants, loans, or otherwise; to assist in the construction,
operation, and maintenance of various water pollution control
facilities and works; and the administering of various state water
pollution control management, regulatory, and enforcement programs.
(c) The power to develop and implement appropriate programs
pertaining to continuing planning processes, area-wide waste treatment
management plans, and basin planning.
(2) The governor shall have authority to perform those actions
required of him or her by the federal clean water act.
(3) By July 31, 2012, the department shall:
(a) Reissue without modification and for a term of one year any
national pollutant discharge elimination system municipal storm water
general permit applicable to western Washington municipalities first
issued on January 17, 2007; and
(b) Issue an updated national pollutant discharge elimination
system municipal storm water general permit applicable to western
Washington municipalities for any permit first issued on January 17,
2007. An updated permit issued under this subsection shall become
effective beginning August 1, 2013.
(i) Provisions of the updated permit issued under (b) of this
subsection relating to new requirements for low-impact development and
review and revision of local development codes, rules, standards, or
other enforceable documents to incorporate low-impact development
principles must be implemented simultaneously. These requirements may
go into effect no earlier than December 31, 2016, or the time of the
scheduled update under RCW 36.70A.130(5), as existing on July 10, 2012,
whichever is later.
(ii) Provisions of the updated permit issued under (b) of this
subsection related to increased catch basin inspection and illicit
discharge detection frequencies and application of new storm water
controls to projects smaller than one acre may go into effect no
earlier than December 31, 2016, or the time of the scheduled update
under RCW 36.70A.130(5), as existing on July 10, 2012, whichever is
later.
(4) By July 31, 2012, the department shall:
(a) Reissue without modification and for a term of two years any
national pollutant discharge elimination system municipal storm water
general permit applicable to eastern Washington municipalities first
issued on January 17, 2007; and
(b) Issue an updated national pollutant discharge elimination
system municipal storm water general permit for any permit first issued
on January 17, 2007, applicable to eastern Washington municipalities.
An updated permit issued under this subsection becomes effective August
1, 2014.
(5) By July 31, 2013, the department shall:
(a) Reissue without modification and for a term of two years, to be
effective through July 31, 2015, any phase I national pollutant
discharge elimination system municipal storm water general permit in
effect on September 1, 2012; and
(b) Modify the date the updated phase I national pollutant
discharge elimination system municipal storm water general permit
reissued on August 1, 2012, becomes effective from August 1, 2013, to
August 1, 2015.