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Reclaimed WaterWashington State Department of Health

2008 Water Law ConferenceMelissa McEachron, Senior Rule and Policy Consultant

Office of Shellfish and Water Protection

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Topics • Agency Roles• Legislative History • Issues Overview

• Permits• Technical Standards and Guidance• Water Rights• Barriers, Resources, and Planning• Funding

• Economic Analyses

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Agency Roles

Ecology

• Manages Water Quality

• Manages Water Resources (Quantity)

Health

• Manages Environmental Health

• Manages Drinking Water

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Legislative History• 1992 – Chapter 90.46 RCW enacted• 1995 – Amendments• 1997 – Amendments

• Gives exclusive rights to use and distribute reclaimed water to facility owner (generator). (RCW 90.46.120)(1)

• Requires non-impairment of existing downstream water rights. (unless compensation or mitigation acceptable to water right holder) (RCW 90.46.130)

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Legislative History (cont.)• 1999 & 2000 – Activities• Reclaimed Water positions funded at Ecology

and Health • Report on Demonstration Projects

• 2001, 2002, & 2005 – Amendments

• 2005 – Demonstration Projects Case Studies completed

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Recent Legislation

• 2006 – Amendments • Directs rule-making for all aspects of reclaimed

water use – Dec 2010. (Ecology)• Convene an broad-based interest advisory

committee• Coordinate with Department of Health

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Recent Legislation (cont.)

2007 – Amendments• Expands scope of rule advisory committee to:

• Address organizational structure, staffing • Address barriers and recommend incentives • Develop recommendations for dedicated long-term funding

program • Address legal issues and other issues of interest to the

committee • Consider more appropriate names for the program

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Recent Legislation (cont.)

• 2007 – Amendments• Require reclaimed water use at state agencies

where feasible. • GA demonstration project to irrigate capitol

campus. (working with city of Olympia)• Report to Legislature on progress in 2007 &

2008

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Recent Legislation (cont.)2007 – Governor’s Directive (E2SSB 6117)

• Ecology work with legislative leadership to address:

• Water right impairment (vetoed Sec. 4) and related issues.

• Reclaimed water planning and issues (Sec. 3 harmonize multiple statutes) [RCW 90.46.120(2) &(3)]

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Recent Legislation (cont.)

• 2007 – Capital Budget • $5.5 million initial funding – feasibility and

construction project in Puget Sound.

• Ecology awarded the grants in January 2008.

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Observations• “Newer” area of law

• Statute “stops-short” of requiring reclaimed water use.

• High Activity Levels• Legislation• 2007 Reclaimed Water Workshop in Seattle.

• Pacific Northwest Clean Water Association sponsored• Multiple government agency co-sponsors

• Multiple Committees and Reports• Rule-making Activities

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Issues Overview

• Permits• Technical Standards and Guidance• Water Rights• Barriers, Resources, and Planning• Funding

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Permits

Ecology

• NPDES• Irrigation• Multiple Use Permits• Everything Else

Health

• Commercial and Industrial Uses - only

• Domestic On-SiteSystems: up to 0.1 MGD

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Permits• Required – to generate and distribute reclaimed water

and required for greywater.

• Ecology and Health authorized to issue for specific reclaimed water uses. • Ecology issuing all reclaimed water permits today.

• Memorandum of Agreement between ECY and DOH• Health provides additional review functions (various

engineering plans)• Health responsible for greywater permitting. (fact

sheet)

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Permits

Challenges• Creating a “flexible” permit system.• Both agencies have separate and specific

authorities.

• Reducing redundancy in the engineering review components.

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Technical Standards & Guidance

Ecology

• Update Required

• Part of Rule Development

(Reclaimed Water Rule)

Health

• Update Required

• Part of the Grey Water Rule Development

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Technical Standards and Guidance• 1997 = Technical Standards Guidance completed.

• Developed joint by ECY and DOH

• Classifies reclaimed water into categories (A,B,C & D)• Describes uses for each category• Treatment levels take into consideration

• Public exposure• Use

• To be classified - Must show a “beneficial use”

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Technical Standards and Guidance• Ecology is convening a Technical Advisory Panel (part

of rule-making effort)Challenges:• Balancing what goes into the WAC and what

remains guidance. • Keeping up with new technologies and uses• Membrane technologies• “Boutique” levels reclaimed water

• Determining the impacts of emerging research- • Personal care products and pharmaceuticals

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Water Rights

Ecology

Reclaimed Water Use• Impairment Issues• Mitigation

Health

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Water Rights Issues• Several Pieces:• RCW 90.46.130• 2007 – Governor’s Directive (to Ecology) • Western Water Law

• RCW 90.46.130: • Shall not impair water rights (down stream) • Unless compensation or mitigation agreed

by the water right holder.

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Water Rights Issues• Ecology requires an Impairment Analysis • Guidance document available• Water Rights Program staff review analysis

submitted. • Analysis and results is sent out with the public notice

of the permit.

• 2007 Governor’s Directive• Ecology convening a Water Rights Advisory

Committee to focus on water rights issues related to reclaimed water.

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Water Rights IssuesChallenges

• Focus on the “intersection” of water rights impairment and mitigation issues and reclaimed water

• Water rights mitigation credits for reclaimed water

use.

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Barriers, Resources, & Planning• 2007 Adds:• Legislation (Barriers and Resource) • Governor’s Directive to harmonize planning

components with other statutes.

• Ecology forms a subtask force consisting of not more than ten members• chosen from the existing rule advisory committee

and reclaimed water users.

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Barriers, Resources, & Planning• 2007 Adds:• Legislation (Barriers and Resource) • Governor’s Directive to harmonize planning

components with other statutes. • Ecology forms a “subtask- force” consisting of

not more than ten members• chosen from the existing rule advisory

committee and reclaimed water users.

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Barriers, Resources, & Planning• 2007 Adds:• Legislation (Barriers and Resource) • Governor’s Directive to harmonize planning

components with other statutes.

• Ecology is convening a “subtask- force” consisting of not more than ten members• chosen from the existing rule advisory committee

and reclaimed water users.

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Barriers, Resources, & Planning• Removing Barriers Subtask Force provide

recommendations on:• Planning Issues• Organizational Structure• Barriers to reclaimed water use• Resources and staffing

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Agency Staff Resources & Structure

Ecology

Water Quality Program• 4.5(P) FTEs = Program Development

• 2 FTEs = Project Implementation

Water Resources• 1.0 FTE Water Rights Issues

(P)=Project Position

Health

Environmental Health Division

Office of Shellfish and WaterProtection• 1 FTE= Program Development

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ResourcesIssues:• Difficult to predict the number of projects

coming in the door.• No “specific” reclaimed water fee. (Ecology)• Fee often included with existing permit fees.

(combined permits)• Charging reclaimed fees may be a barrier to

reclaimed water use.

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Barriers

Issues:• Overcoming the YUK! Factor (public

acceptance)• Liability and Indemnity

• Environmental Law Institute Memorandum

• Incentives to encourage reclaimed water use.• Environmental Law Institute report

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Planning

• Harmonize the new reclaimed water planning requirements with other planning statutes:• Growth Management Act• Sewer planning requirements• Water system plan requirements

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Funding

• Ecology formed a Subtask Force of the Rule Advisory Committee• Aug 2007-Nov 2007

• Long Term Funding Task Force analyzed different funding options

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Funding• The five top options identified include:• bottled water tax • soft drink tax• public utility tax increases• public utility tax diversion away from the general

fund • sales tax exemptions (incentive)

• See the 2007 Legislative Report for more detail

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Economic Analyses • Key Statutes:

• Administrative Procedure Act (Ch. 34.05 RCW)• Regulatory Fairness Act (Ch. 19.85 RCW)

• These Analyses must be available at the time Ecology files a CR-102:• Cost Analysis• Benefit Analysis• Least-Burdensome Analysis• Small Business Economic Impact Statement

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Web Information • Department of Ecology • Reclaimed Water website:

http://www.ecy.wa.gov/programs/wq/reclaim/index.html

Department of Health• Water Conserving On-site Treatment systems

RS&G (Greywater)• Publications website:

http://www.doh.wa.gov/ehp/ts/WW/pubs-ww-rsg.htm

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Contact Information

Melissa  McEachron Senior Rule and Policy Consultant Wastewater Management Program Department of Health 360.236.3265 melissa.mceachron@doh.wa.gov

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