The provisions of this section apply to the construction and industrial storm water general permits issued by the department pursuant to the federal clean water act, 33 U.S.C. Sec. 1251 et seq., and this chapter.

     (1) By January 1, 2005, the department shall initiate an inspection and compliance program for all permittees covered under the construction and industrial storm water general permits. The program shall include, but may not be limited to, the:

     (a) Provision of compliance assistance and survey for evidence of permit violations and violations of water quality standards;

     (b) Identification of corrective actions for actual or imminent discharges that violate or could violate the state's water quality standards;

     (c) Monitoring of the development and implementation of storm water pollution prevention plans and storm water monitoring plans;

     (d) Identification of dischargers who would benefit from follow-up inspection or compliance assistance programs; and

     (e) Collection and analysis of discharge and receiving water samples whenever practicable and when deemed appropriate by the department, and other evaluation of discharges to determine the potential for causing or contributing to violations of water quality standards.

     (2) The department's inspections under this section shall be conducted without prior notice to permittees whenever practicable.

     (3) Follow-up inspections shall be conducted by the department to ensure that corrective and other actions as identified in the course of initial inspections are being carried out. The department shall also take such additional actions as are necessary to ensure compliance with state and federal water quality requirements, provided that all permittees must be inspected once within two years of the start of this program and each permittee must be inspected at least once each permit cycle thereafter.

     (4) Permittees must be prioritized for inspection based on the development of criteria that include, but are not limited to, the following factors:

     (a) Compliance history, including submittal or nonsubmittal of discharge monitoring reports;

     (b) Monitoring results in relationship to permit benchmarks; and

     (c) Discharge to impaired waters of the state.

     (5) Nothing in this section shall be construed to limit the department's enforcement discretion.

[2004 c 225 § 3.]

NOTES:

     Expiration date -- Findings--Report to legislature--2004 c 225: See notes following RCW 90.48.555.

     Conflict with federal clean water act--2004 c 225 §§ 2 and 3: See note following RCW 90.48.555.