Water quality trading prog.

AN ACT Relating to improving climate resiliency through the 1
development of a water quality trading program for recipients of 2
national pollutant discharge elimination system general permits; and 3
amending RCW 90.48.260. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
Sec. 1. RCW 90.48.260 and 2012 1st sp.s. c 1 s 313 are each 6
amended to read as follows: 7
(1) The department of ecology is hereby designated as the state 8
water pollution control agency for all purposes of the federal clean 9
water act as it exists on February 4, 1987, and is hereby authorized 10
to participate fully in the programs of the act as well as to take 11
all action necessary to secure to the state the benefits and to meet 12
the requirements of that act. With regard to the national estuary 13
program established by section 320 of that act, the department shall 14
exercise its responsibility jointly with the Puget Sound partnership, 15
created in RCW 90.71.210. The department of ecology may delegate its 16
authority under this chapter, including its national pollutant 17
discharge elimination permit system authority and duties regarding 18
animal feeding operations and concentrated animal feeding operations, 19
to the department of agriculture through a memorandum of 20
understanding. Until any such delegation receives federal approval, 21
H-0067.1
HOUSE BILL 1290
State of Washington 69th Legislature 2025 Regular Session
By Representatives Dye and Klicker
Read first time 01/14/25. Referred to Committee on Environment &
Energy.
p. 1 HB 1290
the department of agriculture's adoption or issuance of animal 1
feeding operation and concentrated animal feeding operation rules, 2
permits, programs, and directives pertaining to water quality shall 3
be accomplished after reaching agreement with the director of the 4
department of ecology. Adoption or issuance and implementation shall 5
be accomplished so that compliance with such animal feeding operation 6
and concentrated animal feeding operation rules, permits, programs, 7
and directives will achieve compliance with all federal and state 8
water pollution control laws. The powers granted herein include, 9
among others, and notwithstanding any other provisions of this 10
chapter or otherwise, the following: 11
(a) Complete authority to establish and administer a 12
comprehensive state point source waste discharge or pollution 13
discharge elimination permit program which will enable the department 14
to qualify for full participation in any national waste discharge or 15
pollution discharge elimination permit system and will allow the 16
department to be the sole agency issuing permits required by such 17
national system operating in the state of Washington subject to the 18
provisions of RCW 90.48.262(2). Program elements authorized herein 19
may include, but are not limited to: (i) Effluent treatment and 20
limitation requirements together with timing requirements related 21
thereto; (ii) applicable receiving water quality standards 22
requirements; (iii) requirements of standards of performance for new 23
sources; (iv) pretreatment requirements; (v) termination and 24
modification of permits for cause; (vi) requirements for public 25
notices and opportunities for public hearings; (vii) appropriate 26
relationships with the secretary of the army in the administration of 27
his or her responsibilities which relate to anchorage and navigation, 28
with the administrator of the environmental protection agency in the 29
performance of his or her duties, and with other governmental 30
officials under the federal clean water act; (viii) requirements for 31
inspection, monitoring, entry, and reporting; (ix) enforcement of the 32
program through penalties, emergency powers, and criminal sanctions; 33
(x) a continuing planning process; and (xi) user charges.34
(b) The power to establish and administer state programs in a 35
manner which will ensure the procurement of moneys, whether in the 36
form of grants, loans, or otherwise; to assist in the construction, 37
operation, and maintenance of various water pollution control 38
facilities and works; and the administering of various state water 39
pollution control management, regulatory, and enforcement programs.40
p. 2 HB 1290
(c) The power to develop and implement appropriate programs 1
pertaining to continuing planning processes, area-wide waste 2
treatment management plans, and basin planning. 3
(2) The governor shall have authority to perform those actions 4
required of him or her by the federal clean water act.5
(3) By July 31, 2012, the department shall: 6
(a) Reissue without modification and for a term of one year any 7
national pollutant discharge elimination system municipal stormwater 8
general permit applicable to western Washington municipalities first 9
issued on January 17, 2007; and 10
(b) Issue an updated national pollutant discharge elimination 11
system municipal stormwater general permit applicable to western 12
Washington municipalities for any permit first issued on January 17, 13
2007. An updated permit issued under this subsection shall become 14
effective beginning August 1, 2013. 15
(i) Provisions of the updated permit issued under (b) of this 16
subsection relating to new requirements for low-impact development 17
and review and revision of local development codes, rules, standards, 18
or other enforceable documents to incorporate low-impact development 19
principles must be implemented simultaneously. These requirements may 20
go into effect no earlier than December 31, 2016, or the time of the 21
scheduled update under RCW 36.70A.130(((5))) (4), as existing on July 22
10, 2012, whichever is later. 23
(ii) Provisions of the updated permit issued under (b) of this 24
subsection related to increased catch basin inspection and illicit 25
discharge detection frequencies and application of new stormwater 26
controls to projects smaller than one acre may go into effect no 27
earlier than December 31, 2016, or the time of the scheduled update 28
under RCW 36.70A.130(((5))) (4), as existing on July 10, 2012, 29
whichever is later. 30
(4) By July 31, 2012, the department shall: 31
(a) Reissue without modification and for a term of two years any 32
national pollutant discharge elimination system municipal stormwater 33
general permit applicable to eastern Washington municipalities first 34
issued on January 17, 2007; and 35
(b) Issue an updated national pollutant discharge elimination 36
system municipal stormwater general permit for any permit first 37
issued on January 17, 2007, applicable to eastern Washington 38
municipalities. An updated permit issued under this subsection 39
becomes effective August 1, 2014. 40
p. 3 HB 1290
(5) If a national pollutant discharge elimination system general 1
permittee discharges to a waterbody for which a total maximum daily 2
load for temperature has been issued and the permittee is not in 3
compliance with the terms of the permittee's permit, the department 4
must offer the permittee a watershed-based water quality trading 5
program to assist the permittee to come into compliance with the 6
terms of the permit through a community-based or market-based water 7
quality trading program. In any such water quality trading program, 8
the department must offer incentives whenever feasible to do so for 9
any improvements made by or on behalf of the permittee that take 10
place in the built environment or that otherwise address the urban 11
heat island effect on waters of the state.12
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