(1)(a) The department of
health shall, in coordination with the department of ecology,
adopt a single set of standards, procedures, and guidelines on or
before August 1, 1993, for the industrial and commercial use of
reclaimed water.
(b) Standards adopted under this section are superseded by
any rules adopted by the department of ecology pursuant to RCW 90.46.015 as they relate to the industrial and commercial use of
reclaimed water.
(2) Unless the department of ecology adopts rules pursuant
to RCW 90.46.015 that relate to the industrial and commercial use
of reclaimed water specifying otherwise, the department of health
may issue a reclaimed water permit for industrial and commercial
uses of reclaimed water to the generator of reclaimed water who
may then distribute the water, subject to provisions in the
permit governing the location, rate, water quality, and purposes
of use. Permits issued after the adoption of rules under RCW 90.46.015 must be consistent with the adopted rules.
(3) The department of health in consultation with the
advisory committee established in RCW 90.46.050, shall develop
recommendations for a fee structure for permits issued under
subsection (2) of this section. Fees shall be established in
amounts to fully recover, and not exceed, expenses incurred by
the department of health in processing permit applications and
modifications, monitoring and evaluating compliance with permits,
and conducting inspections and supporting the reasonable overhead
expenses that are directly related to these activities. Permit
fees may not be used for research or enforcement activities. The
department of health shall not issue permits under this section
until a fee structure has been established.
(4) A permit under this section for use of reclaimed water
may be issued only to:
(a) A municipal, quasi-municipal, or other governmental
entity;
(b) A private utility as defined in RCW 36.94.010; or
(c) The holder of a waste discharge permit issued under
chapter 90.48 RCW.
(5) The authority and duties created in this section are in
addition to any authority and duties already provided in law with
regard to sewage and wastewater collection, treatment, and
disposal for the protection of health and safety of the state's
waters. Nothing in this section limits the powers of the state
or any political subdivision to exercise such authority.
(6) Unless the department of ecology adopts rules pursuant
to RCW 90.46.015 that relate to the industrial and commercial use
of reclaimed water specifying otherwise, the department of health
may implement the requirements of this section through the
department of ecology by execution of a formal agreement between
the departments. Upon execution of such an agreement, the
department of ecology may issue reclaimed water permits for
industrial and commercial uses of reclaimed water by issuance of
permits under chapter 90.48 RCW, and may establish and collect
fees as required for permits issued under chapter 90.48 RCW.
(7) Unless the department of ecology adopts rules pursuant
to RCW 90.46.015 that relate to the industrial and commercial use
of reclaimed water specifying otherwise, and before deciding
whether to issue a permit under this section to a private
utility, the department of health may require information that is
reasonable and necessary to determine whether the private utility
has the financial and other resources to ensure the reliability,
continuity, and supervision of the reclaimed water facility.
[2006 c 279 § 5; 2005 c 59 § 1; 2002 c 329 § 4; 1992 c 204 § 4.]