(1) Notwithstanding any other provisions of this chapter, the application of barley straw to waters of the state for the purposes of water clarification does not require a state waste discharge permit as long as the following provisions are met:

     (a) The barley straw is applied at a rate of up to two hundred twenty-five pounds per acre of surface water;

     (b) Whole bales or tightly packed straw are not used. Straw must be loosely packed in nylon or mesh bags;

     (c) Bags of straw are placed where control is desired, such as around docks and swim areas, and around inlets to aid in aeration or mixing;

     (d) The bags must be staked or anchored in place;

     (e) Straw is placed in early spring, prior to the growth of algae; and

     (f) Bags are removed four to six months after placement and must not be left in the water over winter.

     (2) The placement of barley straw into waters of the state in any other instance is not authorized absent a permit.

     (3) This section does not alter any permit requirement that may exist under chapter 77.55 RCW.

[2007 c 30 § 1.]