(1)(a) The department of health shall manage the established shellfish -- on-site sewage grant program in Puget Sound and for Pacific and Grays Harbor counties. The department of health shall provide funds to local health jurisdictions to be used as grants or loans to individuals for improving their on-site sewage systems. The grants or loans may be provided only in areas that have the potential to adversely affect water quality in commercial and recreational shellfish growing areas.

     (b) A recipient of a grant or loan shall enter into an agreement with the appropriate local health jurisdiction to maintain the improved on-site sewage system according to specifications required by the local health jurisdiction.

     (c) The department of health shall work closely with local health jurisdictions and it shall be the goal of the department of health to attain geographic equity between Grays Harbor, Willapa Bay, and Puget Sound when making funds available under this program.

     (d) For the purposes of this subsection, "geographic equity" means issuing on-site sewage grants or loans at a level that matches the funds generated from the oyster reserve lands in that area.

     (2) In Puget Sound, the department of health shall give first priority to areas that are:

     (a) Identified as "areas of special concern" under WAC 246-272-01001;

     (b) Included within a shellfish protection district under chapter 90.72 RCW; or

     (c) Identified as a marine recovery area under chapter 70.118A RCW.

     (3) In Grays Harbor and Pacific counties, the department of health shall give first priority to preventing the deterioration of water quality in areas where commercial or recreational shellfish are grown.

     (4) The department of health and each participating local health jurisdiction shall enter into a memorandum of understanding that will establish an applicant income eligibility requirement for individual grant applicants from within the jurisdiction and other mutually agreeable terms and conditions of the grant program.

     (5) The department of health may recover the costs to administer this program not to exceed ten percent of the shellfish -- on-site sewage grant program.

     (6) For the 2007-2009 biennium, from the funds received under this section, Pacific county may transfer up to two hundred thousand dollars to the department of fish and wildlife for research identified by the department of fish and wildlife and the appropriate oyster reserve advisory committee under RCW 77.60.160.

[2007 c 341 § 43; 2001 c 273 § 3. Formerly RCW 90.71.100.]

NOTES:

     Severability -- Effective date -- 2007 c 341: See RCW 90.71.906 and 90.71.907.