Bill helps property owners with water
OLYMPIA - A new bill could give property owners some extra warning signs before being slapped with hefty fine violations for water pollution.
House Bill 1152 is co-sponsored by Rep. Judy Warnick, R-Moses Lake, and supported by Rep. Bill Hinkle, R-Cle Elum.
According to state law RCW 90.48.080, it is illegal to discard or permit the discard of organic or inorganic matters that may cause water pollution. The Department of Ecology is responsible for regulating and preventing the pollution of state waters.
Property owners who violate water pollution rules face fines of up to $10,000 per day, per violation.
They may appeal the violation to the Pollution Control Hearings Board 30 days after the citation has been issued.
Supporters of House Bill 1152 are hoping the bill will help avoid the hefty fines associated with water pollutant violations due to poor communication.
"This bill is about fairness to property owners who are, in good faith, trying to comply with water pollution laws. It is meant to provide customer service from state government, and guidance without penalty," stated Warnick. "We all share the same goals of compliance and clean water."
The bill would apply to lands on which livestock graze or seek feed in pastures, fields or rangeland.
House Bill 1152 changes the way the DOE issues a water violation to property owners.
Under the new bill, the DOE would be "required to make a determination that a water pollution violation has occurred due to the presence of livestock, rather than simply having the potential to cause water pollution," according to a statement provided by Warnick's office.
Once water pollutant tests have been done, the DOE must attempt to achieve "voluntary compliance" by offering technical assistance such as on-site visits, printed information and telephone assistance.
If the DOE attempts to get property owners to voluntarily comply fail, they can then issue a violation with monetary penalty.
Agricultural facility property owners with concentrated animal feeding operations (CAFO) must obtain a National Pollutant Discharge Elimination System (NPDES) permit, a program within the U.S. Environmental Protection Agency's Office of Waste Management meant to maintain the amount of water pollutants entering the country's waters.
CAFO are agricultural operations where animals are kept and raised in confined situations, where areas of feed, manure, dead and live animals and production operations are concentrated in a small area.
The DOE is the authority to enforce NPDES permit rules.
"We have seen a few heavy-handed approaches from (DOE) for property owners who are trying to do the right things. This state agency should be offering a helping hand instead," stated Hinkle. "In no way, shape or form does this bill protect people who are knowingly breaking the law. The intent is fairness, voluntary compliance and ultimately clean water in our communities."
House Bill 1152 was scheduled for an executive session in the House Agricultural and Natural Resources Committee. No action was taken.