AN ACT Relating to water pollution control; amending RCW 90.48.460 and 90.48.190; adding a new section to chapter 90.48 RCW; and creating new sections.

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

NEW SECTION. Sec. 1. It is the intent of the legislature to provide the department of ecology with the necessary resources to adequately administer federal and state water quality discharge permits. In doing this, the legislature intends to improve water quality state-wide by enhancing the ability of the department of ecology to adequately monitor dischargers into state ground and surface waters and enforce water pollution laws.

Sec. 2. Section 4, chapter 249, Laws of 1985 and RCW 90.48.460 are each amended to read as follows:

(1) The department of ecology shall collect administrative expenses from any person or entity requesting action of the department pertaining to the processing of applications for and administration of permits provided in RCW 90.48.160, 90.48.162, and 90.48.260. For the purposes of this section, "administrative expenses" shall mean the total actual costs for each activity or classes or categories of activities incurred by the department in processing such permit applications and conducting adequate departmental permit surveillance, investigation, monitoring, enforcement, and related activities.

(2) Administrative expenses for permits issued by a municipal corporation under RCW 90.48.165 are not recoverable by the department of ecology. In cases in which municipal corporations have been delegated authority to enforce state and federal pretreatment regulations, fees for local permits shall not be charged by the department to cover the administrative costs incurred by the department.

(3) The department of ecology shall collect administrative costs from any person or entity requesting action of the department pertaining to the review and approval of wastewater facility plans and reports, and the cost of inspection of wastewater facilities and related activities conducted under RCW 90.48.110. However, fees are not required for review of plans or reports prepared with state or federal monetary assistance administered by the department, nor are fees required for inspection of facilities under construction with such assistance.

(4) To implement this section the department of ecology shall develop a fee schedule that reflects the actual administrative costs for each activity or classes or categories of activities. The fee schedule shall address all fees under this section. Beginning in 1989, the department shall submit a report to the legislature by January 1 of each odd-numbered year on its administration of the fee program under this section, increases in permits issued, amounts collected, and their relationship to the cost of permit administration activities.

(5) Applications received for the issuance of permits and the review and approval of plans after the effective date of this 1986 act are subject to RCW 90.48.460.

Sec. 3. Section 4, chapter 71, Laws of 1955 as amended by section 17, chapter 13, Laws of 1967 and RCW 90.48.190 are each amended to read as follows:

A permit shall be subject to termination upon thirty days' notice in writing if the commission finds:

(1) That it was procured by misrepresentation of any material fact or by lack of full disclosure in the application;

(2) That there has been a violation of the conditions thereof;

(3) That a material change in quantity or type of waste disposal exists; or

(4) That an applicant or permittee has failed to pay required fees under RCW 90.48.460.

NEW SECTION. Sec. 4. A new section is added to chapter 90.48 RCW to read as follows:

Not later than January 1, 1987, the department of ecology shall develop by rule a schedule of determinate penalties for waste disposal permit violations. Mandatory minimum penalties for waste disposal permit violations or discharges without permits shall be included. The schedule of penalties shall be based on the following priority factors:

(1) The severity of the violation in terms of public health or environmental impact;

(2) The magnitude of the violation in terms of the quantity and type of pollutant, resources affected, and the duration or number of violations;

(3) Whether or not the violation was intentional; and

(4) The previous record of the violator, including a record of similar violations or a pattern of violations indicating general disregard of environmental laws and rules.

The schedule of penalties may also be based upon such other factors as the department deems appropriate. However, these other factors shall not be more important in the determination of penalties than the priority factors specified in this section.

NEW SECTION. Sec. 5. (1) The department of ecology shall conduct a study to investigate methods of providing incentives for industrial and municipal dischargers to lessen the quantity, toxicity, and concentration of waste pollutants discharged into state ground and surface waters. The department of ecology shall form a study team consisting of representatives of business, local, state, and federal government, and public interest groups. The team shall report on:

(a) Programs in other states and countries designed to lessen discharges of pollutants to ground and surface waters including: (i) Impact on state financial resources, (ii) overall water pollution reduction effectiveness, and (iii) economic impact on dischargers; and

(b) Feasible options and recommendations for implementing a program in this state, including: (i) Cost of implementation, (ii) relative benefits to dischargers, (iii) overall economic impact on the state, and (iv) projected water pollution reduction.

(2) The department of ecology shall report to the legislature on the findings of this study by December 1, 1987.

NEW SECTION. Sec. 6. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.