title: RCW 70A.120.120

text:
To carry out the provisions and purposes of this chapter, the secretary is authorized and empowered to:
(1) Receive financial and technical assistance from the federal government and other public or private agencies.
(2) Participate in related programs of the federal government, other state, interstate agencies, or other public or private agencies or organizations.
(3) Assess fees determined pursuant to RCW 70A.120.160 on public water systems to support the waterworks operator certification program.
[ 2020 c 20 s 1349; 1993 c 306 s 2; 1977 ex.s. c 99 s 12. Formerly RCW 70.119.120.]

catchline: Secretary—Authority.


doc_type: statute

jurisdiction: wa

title: RCW 70A.120.130

text:
Any person, including any operator or any firm, association, corporation, municipal corporation, or other governmental subdivision or agency who, after thirty days' written notice, operates a public water system which is not in compliance with RCW 70A.120.030(1), shall be guilty of a misdemeanor. Each month of such operation out of compliance with RCW 70A.120.030(1) shall constitute a separate offense. Upon conviction, violators shall be fined an amount not exceeding one hundred dollars for each offense. It shall be the duty of the prosecuting attorney or the attorney general, as appropriate, to secure injunctions of continuing violations of any provisions of this chapter or the rules and regulations adopted under this chapter.
[ 2020 c 20 s 1350; 2009 c 221 s 6; 1991 c 305 s 8; 1983 c 292 s 10; 1977 ex.s. c 99 s 13. Formerly RCW 70.119.130.]
Notes:
Effective date—1977 ex.s. c 99: See RCW 70A.120.900.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Violations—Penalties.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 70A.120.140

text:
Operators certified by any state under provisions that, in the judgment of the secretary, are substantially equivalent to the requirements of this chapter and any rules and regulations promulgated hereunder, may be issued, upon application, a certificate without examination.
In making determinations pursuant to this section, the secretary shall consult with the *board and may consider any generally applicable criteria and guidelines developed by a nationally recognized association of certification authorities.
[ 1977 ex.s. c 99 s 14. Formerly RCW 70.119.140.]
Notes:
*Reviser's note: RCW 70.95B.070, which created the water and wastewater operator certification board of examiners, was repealed by 1995 c 269 s 2907, effective July 1, 1995.

catchline: Certificates—Reciprocity with other states.


title: RCW 70A.120.150

text:
The waterworks operator certification account is created in the general fund of the state treasury. All fees paid pursuant to RCW 70A.120.100, 70A.120.120(3), and any other receipts realized in the administration of this chapter shall be deposited in the waterworks operator certification account. Moneys in the account shall be spent only after appropriation. Moneys from the account shall be used by the department of health to carry out the purposes of the waterworks operator certification program.
[ 2020 c 20 s 1351; 1993 c 306 s 3; 1977 ex.s. c 99 s 15. Formerly RCW 70.119.150.]

catchline: Waterworks operator certification account.


title: RCW 70A.120.160

text:
The department of health certifies public water system operators and monitors public water systems to ensure that such systems comply with the requirements of this chapter and rules implementing this chapter. The secretary shall establish a schedule of fees for operator applicants and renewal licenses and a separate schedule of fees for public water systems to support the waterworks operator certification program. The fees shall be set at a level sufficient for the department to recover the costs of the waterworks operator certification program and in accordance with the procedures established under RCW 43.70.250.
[ 2009 c 221 s 7; 1993 c 306 s 4. Formerly RCW 70.119.160.]

catchline: Fee schedules—Certified operators—Public water systems.


title: RCW 70A.120.170

text:
(1) Backflow assembly testers and cross-connection control specialists must hold a valid certificate and must be certified as provided by rule as adopted under the authority of RCW 70A.120.050.
(2) Backflow assembly testers who maintain or repair backflow assemblies, devices, or air gaps inside a building are subject to certification under chapter 18.106 RCW.
[ 2020 c 20 s 1352; 2009 c 221 s 3. Formerly RCW 70.119.170.]

catchline: Certification of backflow assembly testers and cross-connection control specialists.


title: RCW 70A.120.180

text:
(1) Any examination required by the department as a prerequisite for the issuance of certificate under this chapter must be offered in both eastern and western Washington.
(2) Operators not required to be certified by this chapter are encouraged to become certified on a voluntary basis.
[ 2009 c 221 s 4. Formerly RCW 70.119.180.]

catchline: Examinations.


title: RCW 70A.120.900

text:
This act shall take effect on January 1, 1978.
[ 1977 ex.s. c 99 s 17. Formerly RCW 70.119.900.]

catchline: Effective date—1977 ex.s. c 99.


title: RCW 70A.125.010

text:
Unless the context clearly requires otherwise, the following definitions apply throughout this chapter:
(1) "Area-wide waivers" means a waiver granted by the department as a result of a geographically based testing program meeting required provisions of the federal safe drinking water act.
(2) "Department" means the department of health.
(3) "Federal safe drinking water act" means the federal safe drinking water act, 42 U.S.C. Sec. 300f et seq., as now in effect or hereafter amended.
(4)(a) "Group A public water system" means a public water system with 15 or more service connections, regardless of the number of people; or a system serving an average of 25 or more people per day for 60 or more days within a calendar year, regardless of the number of service connections; or a system serving 1,000 or more people for two or more consecutive days.
(b) A default number of people served per connection may not be used to calculate the average number of people served for purposes of (a) of this subsection, where such default number would cause a water system that would otherwise be classified as a group B water system to be classified as a group A water system.
(5) "Group B public water system" means a public water system that does not meet the definition of a group A public water system.
(6) "Local board of health" means the city, town, county, or district board of health.
(7) "Local health jurisdiction" means an entity created under chapter 70.05, 70.08, or 70.46 RCW, which provides public health services to persons within the area.
(8) "Local health officer" means the legally qualified physician who has been appointed as the health officer for the city, town, county, or district public health department.
(9) "Order" means a written direction to comply with a provision of the regulations adopted under RCW 43.20.050(2) (a) and (b) or 70A.120.050 or to take an action or a series of actions to comply with the regulations.
(10) "Person" includes, but is not limited to, natural persons, municipal corporations, governmental agencies, firms, companies, mutual or cooperative associations, institutions, and partnerships. It also means the authorized agents of any such entities.
(11) "Public health emergency" means a declaration by an authorized health official of a situation in which either illness, or exposure known to cause illness, is occurring or is imminent.
(12) "Public water system" means any system, excluding a system serving only one single-family residence and a system with four or fewer connections all of which serve residences on the same farm, providing water for human consumption through pipes or other constructed conveyances, including any collection, treatment, storage, or distribution facilities under control of the purveyor and used primarily in connection with the system; and collection or pretreatment storage facilities not under control of the purveyor but primarily used in connection with the system, including:
(a) Any collection, treatment, storage, and distribution facilities under control of the purveyor and used primarily in connection with such system; and
(b) Any collection or pretreatment storage facilities not under control of the purveyor which are primarily used in connection with such system.
(13) "Purveyor" means any agency or subdivision of the state or any municipal corporation, firm, company, mutual or cooperative association, institution, partnership, or person or any other entity, that owns or operates a public water system. It also means the authorized agents of any such entities.
(14) "Regulations" means rules adopted to carry out the purposes of this chapter.
(15) "Secretary" means the secretary of the department of health.
(16) "State board of health" is the board created by RCW 43.20.030.
[ 2025 c 65 s 1; 2020 c 20 s 1353. Prior: 2009 c 495 s 3; 1999 c 118 s 2; 1994 c 252 s 2; 1991 c 304 s 2; 1991 c 3 s 370; 1989 c 422 s 2; 1986 c 271 s 2. Formerly RCW 70.119A.020.]
Notes:
Effective date—2025 c 65: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 16, 2025]." [ 2025 c 65 s 3.]
Effective date—2009 c 495: See note following RCW 43.20.050.
Finding—Intent—1999 c 118: "The legislature finds and declares that the provision of safe and reliable water supplies is essential to public health and the continued economic vitality of the state of Washington. Maintaining the authority necessary to ensure safe and reliable water supplies requires that state laws conform with the provisions of the federal safe drinking water act. It is the intent of the legislature that the definition of public water system be amended to reflect recent amendments to the federal safe drinking water act." [ 1999 c 118 s 1.]
Finding—1994 c 252: "The legislature finds that:
(1) The federal safe drinking water act has imposed significant new costs on public water systems and that the state should seek maximum regulatory flexibility allowed under federal law;
(2) There is a need to comprehensively assess and characterize the groundwaters of the state to evaluate public health risks from organic and inorganic chemicals regulated under federal law;
(3) That federal law provides a mechanism to significantly reduce testing and monitoring costs to public water systems through the use of area-wide waivers.
The legislature therefore directs the department of health to conduct a voluntary program to selectively test the groundwaters of the state for organic and inorganic chemicals regulated under federal law for the purpose of granting area-wide waivers." [ 1994 c 252 s 1.]
Effective date—1994 c 252: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [April 1, 1994]." [ 1994 c 252 s 6.]
Requirements effective upon adoption of rules—1991 c 304:See note following RCW 70A.125.090.

catchline: Definitions.


title: RCW 70A.125.020

text:
Notwithstanding any other provision of law, any legal requirement under this chapter, including any standard, limitation, rule, or order is superseded and replaced in accordance with the terms and provisions of an environmental excellence program agreement, entered into under chapter 43.21K RCW.
[ 1997 c 381 s 24. Formerly RCW 70.119A.025.]
Notes:
Purpose—1997 c 381: See RCW 43.21K.005.

catchline: Environmental excellence program agreements—Effect on chapter.


title: RCW 70A.125.030

text:
(1) The secretary or his or her designee or the local health officer may declare a public health emergency. As limited by RCW 70A.125.040, the department may impose penalties for violations of laws or regulations that are determined to be a public health emergency.
(2) As limited by RCW 70A.125.040, the department may impose penalties for violation of laws or rules regulating public water systems and administered by the department of health.
[ 2020 c 20 s 1354; 1993 c 305 s 1; 1991 c 304 s 3; 1989 c 422 s 6; 1986 c 271 s 3. Formerly RCW 70.119A.030.]
Notes:
Requirements effective upon adoption of rules—1991 c 304: See note following RCW 70A.125.090.


title: RCW 70A.125.040

text:
(1)(a) In addition to or as an alternative to any other penalty or action allowed by law, a person who violates a law or rule regulating public water systems and administered by the department of health is subject to a penalty of not more than five thousand dollars per day for every such violation, or, in the case of a violation that has been determined to be a public health emergency, a penalty of not more than ten thousand dollars per day for every such violation. Every such violation shall be a separate and distinct offense. The amount of fine shall reflect the health significance of the violation and the previous record of compliance on the part of the public water supplier. In case of continuing violation, every day's continuance shall be a separate and distinct violation.
(b) In addition, a person who constructs, modifies, or expands a public water system or who commences the construction, modification, or expansion of a public water system without first obtaining the required departmental approval is subject to penalties of not more than five thousand dollars per service connection, or, in the case of a system serving a transient population, a penalty of not more than four hundred dollars per person based on the highest average daily population the system serves or is anticipated to serve may be imposed. The total penalty that may be imposed pursuant to this subsection (1)(b) is five hundred thousand dollars. For the purpose of computing the penalty under this subsection, a service connection shall include any new service connection actually constructed, any anticipated service connection the system has been designed to serve, and, in the case of a system modification not involving expansions, each existing service connection that benefits or would benefit from the modification.
(c) Every person who, through an act of commission or omission, procures, aids, or abets a violation is considered to have violated the provisions of this section and is subject to the penalty provided in this section.
(2) The penalty provided for in this section shall be imposed by a notice in writing to the person against whom the civil penalty is assessed and shall describe the violation. The notice shall be personally served in the manner of service of a summons in a civil action or in a manner that shows proof of receipt. A penalty imposed by this section is due twenty-eight days after receipt of notice unless application for an adjudicative proceeding is filed as provided in subsection (3) of this section.
(3) Within twenty-eight days after notice is received, the person incurring the penalty may file an application for an adjudicative proceeding and may pursue subsequent review as provided in chapter 34.05 RCW and applicable rules of the department or board of health.
(4) A penalty imposed by a final administrative order is due upon service of the final administrative order. A person who fails to pay a penalty assessed by a final administrative order within thirty days of service of the final administrative order shall pay, in addition to the amount of the penalty, interest at the rate of one percent of the unpaid balance of the assessed penalty for each month or part of a month that the penalty remains unpaid, commencing with the month in which the notice of penalty was served and such reasonable attorney's fees as are incurred in securing the final administrative order.
(5) A person who institutes proceedings for judicial review of a final administrative order assessing a civil penalty under this chapter shall place the full amount of the penalty in an interest bearing account in the registry of the reviewing court. At the conclusion of the proceeding the court shall, as appropriate, enter a judgment on behalf of the department and order that the judgment be satisfied to the extent possible from moneys paid into the registry of the court or shall enter a judgment in favor of the person appealing the penalty assessment and order return of the moneys paid into the registry of the court together with accrued interest to the person appealing. The judgment may award reasonable attorney's fees for the cost of the attorney general's office in representing the department.
(6) If no appeal is taken from a final administrative order assessing a civil penalty under this chapter, the department may file a certified copy of the final administrative order with the clerk of the superior court in which the public water system is located or in Thurston county, and the clerk shall enter judgment in the name of the department and in the amount of the penalty assessed in the final administrative order.
(7) A judgment entered under subsection (5) or (6) of this section shall have the same force and effect as, and is subject to all of the provisions of law relating to, a judgment in a civil action, and may be enforced in the same manner as any other judgment of the court in which it is entered.
(8) All penalties imposed under this section shall be payable to the state treasury and credited to the safe drinking water account, and shall be used by the department to provide training and technical assistance to system owners and operators.
(9) Except in cases of public health emergencies, the department may not impose monetary penalties under this section unless a prior effort has been made to resolve the violation informally.
[ 1995 c 376 s 8; 1993 c 305 s 2; 1990 c 133 s 8; 1989 c 175 s 135; 1986 c 271 s 4. Formerly RCW 70.119A.040.]
Notes:
Findings—1995 c 376: See note following RCW 70A.100.060.
Findings—Severability—1990 c 133: See notes following RCW 36.94.140.
Effective date—1989 c 175: See note following RCW 34.05.010.

catchline: Additional or alternative penalty—Informal resolution unless a public health emergency.


title: RCW 70A.125.050

text:
Each local board of health that is enforcing the regulations regarding public water systems is authorized to impose and collect civil penalties for violations within the area of its responsibility under the same limitations and requirements imposed upon the department by RCW 70A.125.030 and 70A.125.040, except that judgment shall be entered in the name of the local board and penalties shall be placed into the general fund of the county, city, or town operating the local board of health.
[ 2020 c 20 s 1355; 2009 c 495 s 4; 1993 c 305 s 3; 1989 c 422 s 8; 1986 c 271 s 5. Formerly RCW 70.119A.050.]
Notes:
Effective date—2009 c 495: See note following RCW 43.20.050.

catchline: Enforcement of regulations by local boards of health—Civil penalties.


title: RCW 70A.125.060

text:
(1) To assure safe and reliable public drinking water and to protect the public health:
(a) Public water systems shall comply with all applicable federal, state, and local rules and prior to a change of ownership:
(i) Provide notification to:
(A) The county in which any water system is located;
(B) Any water district or public utility district operating water systems within such county; and
(C) Any adjacent public water systems, as defined in RCW 70A.125.010; and
(ii) For any change in ownership of a water system, inform customers of the acquisition by mailed notice or public posting at least 90 days prior to the acquisition, and provide customers with a good faith estimate of future capital improvements and water system rate changes;
(b) Group A public water systems shall:
(i) Protect the water sources used for drinking water;
(ii) Provide treatment adequate to assure that the public health is protected;
(iii) Provide and effectively operate and maintain public water system facilities;
(iv) Plan for future growth and assure the availability of safe and reliable drinking water;
(v) Provide the department with the current names, addresses, and telephone numbers of the owners, operators, and emergency contact persons for the system, including any changes to this information, and provide to users the name and 24 hour telephone number of an emergency contact person;
(vi) Submit water system plans, small water system management plans, or engineering documents as required by the department; and
(vii) Take whatever investigative or corrective action is necessary to assure that a safe and reliable drinking water supply is continuously available to users.
(2) No new group A public water system may be approved or created unless: (a) It is owned or operated by a satellite system management agency established under RCW 70A.100.130 and the satellite system management system complies with financial viability requirements of the department; or (b) a satellite management system is not available and it is determined that the new system has sufficient management and financial resources to provide safe and reliable service. The approval of any new system that is not owned by a satellite system management agency shall be conditioned upon future management or ownership by a satellite system management agency, if such management or ownership can be made with reasonable economy and efficiency, or upon periodic review of the system's operational history to determine its ability to meet the department's financial viability and other operating requirements. The department and local health jurisdictions shall enforce this requirement under authority provided under this chapter, chapter 70A.100 or 70.05 RCW, or other authority governing the approval of new water systems by the department or a local jurisdiction.
(3)(a) No new group B public water systems that are described by any of the criteria in (a)(i) through (iv) of this subsection may be approved or created unless it is owned or operated by a satellite system management agency consistent with the requirements applicable to group A public water systems:
(i) The group B public water system is required to provide treatment to meet water quality standards;
(ii) The group B public water system provides fire flow;
(iii) The group B public water system has atmospheric storage; or
(iv) The group B public water system serves 10 or more service connections.
(b) The local board of health may adopt, under RCW 70.05.060 or 70.46.060, more stringent satellite management system requirements than the requirements of (a) of this subsection.
(c) For group B water systems, the department and local health jurisdictions shall enforce the requirements of this subsection under authority provided under this chapter, chapter 70A.100 RCW or 70.05 RCW, or other authority governing the approval of new water systems by the department or a local jurisdiction.
(4) The department and local health jurisdictions shall carry out the rules and regulations of the state board of health adopted pursuant to RCW 43.20.050(2) (a) and (b) and other rules adopted by the department relating to public water systems.
[ 2026 c 237 s 2; 2025 c 43 s 1; 2020 c 20 s 1356; 2009 c 495 s 5; 1995 c 376 s 3; 1991 c 304 s 4; 1990 c 132 s 4; 1989 c 422 s 3. Formerly RCW 70.119A.060.]
Notes:
Intent—Findings—2026 c 237: "(1) The legislature finds that water systems provide a critical utility service to the residents of Washington state, and due to scale economies, generally function as a natural monopoly in a given area. The legislature finds that due to the many challenges facing public water systems, regional solutions are a preferred alternative to ensuring economies of scale to keep water supply affordable. Ownership of water systems by a competent public entity or state-regulated private water company is preferred.
(2) The legislature finds that the utilities and transportation commission, the regulating agency responsible for approving water system rate changes and ensuring adequate consumer protections for privately owned, for-profit public water systems, does not have specific statutory standards to guide its review and approval of proposed water system rate changes.
(3) The legislature finds that water systems are subject to a number of public health standards and requirements from the department of health that require comprehensive planning and capital investments to ensure that residents have continuous access to safe drinking water. The costs of these critical investments are reflected in rate changes in order to provide a reasonable rate of return and keep a water company in business. However, planning materials and information supporting capital investments are not currently required to be shared with the utilities and transportation commission.
(4) The legislature further finds the current rate setting process does not provide the utilities and transportation commission sufficient structure or guidance to determine whether capital improvement costs included in a proposed water rate change are prudently incurred and will result in rates that are just, fair, reasonable, and sufficient. Likewise, the water system ratepayers subject to the change are not provided sufficient notice of planned system investments and their anticipated impacts on rates, which can lead to sudden and significant rate increases.
(5) The legislature intends to provide additional structure and guidance to the water system rate setting process in order to enable the utilities and transportation commission to effectively regulate in this area as a consumer protection agency. The legislature also intends to increase notice and transparency to consumers about water companies' planned investments and their impacts by leveraging the existing planning process required for safe drinking water standards.
(6) The legislature further finds that a growing number of small, failing, or financially distressed water systems are unable to reliably meet public health, operational, and financial requirements, resulting in higher long-term costs, service disruptions, and increased risks to public health and ratepayers.
(7) The legislature finds that consolidation of failing water systems into existing, well-managed public water systems, where feasible, can improve operational efficiency, enhance regulatory compliance, stabilize rates over time, and better protect public health and consumer interests.
(8) The legislature intends that for small water systems, consolidation into an existing public water system is the preferred outcome when addressing failing or nonviable water systems, provided that such consolidation is technically feasible, financially reasonable, and does not adversely impact the customers of the receiving public water system.
(9) The legislature intends that acquisition of a failing water system that does not involve consolidation with an existing public water system should occur only after reasonable efforts have been made by the water system to evaluate consolidation with existing public water systems and such options are determined to be infeasible.
(10) The legislature finds that successful consolidation of failing water systems requires active state support, including technical assistance, planning support, and financial resources, to reduce barriers to consolidation and avoid undue cost impacts on customers of receiving systems.
(11) The legislature intends that the state of Washington support system consolidation efforts through coordinated technical assistance and access to financial tools including, but not limited to, grants, loans, and other funding mechanisms, in order to promote sustainable water systems and protect public health and ratepayers statewide." [ 2026 c 237 s 1.]
Effective date—2009 c 495: See note following RCW 43.20.050.
Findings—1995 c 376: See note following RCW 70A.100.060.
Requirements effective upon adoption of rules—1991 c 304: See note following RCW 70A.125.090.
Legislative findings—Severability—1990 c 132: See notes following RCW 43.20.240.

catchline: Public water systems—Mandate—Conditions for approval or creation of new public water system—Department and local health jurisdiction duties.


title: RCW 70A.125.070

text:
The department may enter into contracts to carry out the purposes of this chapter.
[ 1989 c 422 s 4. Formerly RCW 70.119A.070.]

catchline: Department contracting authority.


title: RCW 70A.125.080

text:
(1) The department shall administer a drinking water program which includes, but is not limited to, those program elements necessary to assume primary enforcement responsibility for part B, and section 1428 of part C of the federal safe drinking water act. No rule promulgated or implemented by the department of health or the state board of health for the purpose of compliance with the requirements of the federal safe drinking water act, 42 U.S.C. Sec. 300f et seq., shall be applicable to public water systems to which that federal law is not applicable, unless the department or the state board determines that such rule is necessary for the protection of public health.
(2) The department shall enter into an agreement of administration with the department of ecology and any other appropriate agencies, to administer the federal safe drinking water act.
(3) The department is authorized to accept federal grants for the administration of a primary program.
[ 1991 c 3 s 371; 1989 c 422 s 5. Formerly RCW 70.119A.080.]

catchline: Drinking water program.


title: RCW 70A.125.090

text:
The legislature finds that:
(1) The responsibility for ensuring that the citizens of this state have a safe and reliable drinking water supply is shared between local government and state government, and is the obligation of every public water system;
(2) A rapid increase in the number of public water systems supplying drinking water to the citizens of this state has significantly increased the burden on both local and state government to monitor and enforce compliance by these systems with state laws that govern planning, design, construction, operation, maintenance, financing, management, and emergency response;
(3) The federal safe drinking water act imposes on state and local governments and the public water systems of this state significant new responsibilities for monitoring, testing, and treating drinking water supplies; and
(4) Existing drinking water programs at both the state and local government level need additional authorities to enable them to more comprehensively and systematically address the needs of the public water systems of this state and assure that the public health and safety of its citizens are protected.
Therefore, annual operating permit requirements shall be established in accordance with this chapter. The operating permit requirements shall be administered by the department and shall be used as a means to assure that public water systems provide safe and reliable drinking water to the public. The department and local government shall conduct comprehensive and systematic evaluations to assess the adequacy and financial viability of public water systems. The department may impose permit conditions, requirements for system improvements, and compliance schedules in order to carry out the purpose of chapter 304, Laws of 1991.
[ 1991 c 304 s 1. Formerly RCW 70.119A.100.]
Notes:
Requirements effective upon adoption of rules—1991 c 304: "The department shall adopt rules necessary to implement sections 5 through 7 of this act. The requirements of this act shall take effect upon adoption of rules pursuant to this act." [ 1991 c 304 s 8.]

catchline: Operating permits—Findings.


title: RCW 70A.125.100

text:
(1) No person may operate a group A public water system unless the person first submits an application to the department and receives an operating permit as provided in this section. A new application must be submitted upon any change in ownership of the system.
(2) The department may require that each application include the information that is reasonable and necessary to determine that the system complies with applicable standards and requirements of the federal safe drinking water act, state law, and rules adopted by the department or by the state board of health.
(3) Following its review of the application, its supporting material, and any information received by the department in its investigation of the application, the department shall issue or deny the operating permit. The department shall act on initial permit applications as expeditiously as possible, and shall in all cases either grant or deny the application within one hundred twenty days of receipt of the application or of any supplemental information required to complete the application. The applicant for a permit shall be entitled to file an appeal in accordance with chapter 34.05 RCW if the department denies the initial or subsequent applications or imposes conditions or requirements upon the operator. Any operator of a public water system that requests a hearing may continue to operate the system until a decision is issued after the hearing.
(4) At the time of initial permit application or at the time of permit renewal the department may impose such permit conditions, requirements for system improvements, and compliance schedules as it determines are reasonable and necessary to ensure that the system will provide a safe and reliable water supply to its users.
(5) Operating permits shall be issued for a term of one year, and shall be renewed annually, unless the operator fails to apply for a new permit or the department finds good cause to deny the application for renewal.
(6) Each application shall be accompanied by an annual fee.
(7) The department shall adopt rules, in accordance with chapter 34.05 RCW, necessary to implement this section.
(8) The department shall establish by rule categories of annual operating permit fees based on system size, complexity, and number of service connections. Fees charged must be sufficient to cover, but may not exceed, the costs to the department of administering a program for safe and reliable drinking water. The department shall use operating permit fees to monitor and enforce compliance by group A public water systems with state and federal laws that govern planning, water use efficiency, design, construction, operation, maintenance, financing, management, and emergency response.
(9) The annual per-connection fee may not exceed one dollar and fifty cents. The department shall phase-in implementation of any annual fee increase greater than ten percent, and shall establish the schedule for implementation by rule. Rules established by the department prior to 2020 must limit the annual operating permit fee for any public water system to no greater than one hundred thousand dollars.
(10) The department shall notify existing public water systems of the requirements of RCW 70A.125.030, 70A.125.060, and this section at least one hundred twenty days prior to the date that an application for a permit is required pursuant to RCW 70A.125.030, 70A.125.060, and this section.
(11) The department shall issue one operating permit to any approved satellite system management agency. Operating permit fees for approved satellite system management agencies must be established by the department by rule. Rules established by the department must set a single fee based on the total number of connections for all group A public water systems owned by a satellite management agency.
(12) For purposes of this section, "group A public water system" and "system" mean those water systems with fifteen or more service connections, regardless of the number of people; or a system serving an average of twenty-five or more people per day for sixty or more days within a calendar year, regardless of the number of service connections.
[ 2020 c 20 s 1357; 2011 c 102 s 1; 2003 1st sp.s. c 5 s 18; 1991 c 304 s 5. Formerly RCW 70.119A.110.]
Notes:
Severability—2003 1st sp.s. c 5: See note following RCW 90.03.015.
Requirements effective upon adoption of rules—1991 c 304: See note following RCW 70A.125.090.

catchline: Operating permits—Application process—Annual fee—Adoption of rules—Phase-in of implementation—Satellite systems.


title: RCW 70A.125.110

text:
The department shall develop and implement a voluntary consolidated source monitoring program sufficient to accurately characterize the source water quality of the state's drinking water supplies and to maximize the flexibility allowed in the federal safe drinking water act to allow public water systems to be waived from full testing requirements for organic and inorganic chemicals under the federal safe drinking water act. The department shall arrange for the initial sampling and provide for testing and programmatic costs to the extent that the legislature provides funding for this purpose in water system operating permit fees or through specific appropriation of funds from other sources. The department shall assess a fee using its authority under RCW 43.20B.020, sufficient to cover all testing and directly related costs to public water systems that otherwise are not funded. The department shall adjust the amount of the fee based on the size of the public drinking water system. Fees charged by the department for this purpose may not vary by more than a factor of ten. The department shall, to the extent feasible and cost-effective, use the services of local governments, local health departments, and private laboratories to implement the testing program. The department shall consult with the departments of agriculture and ecology for the purpose of exchanging water quality and other information.
[ 1997 c 218 s 3; 1994 c 252 s 3. Formerly RCW 70.119A.115.]
Notes:
Findings—Effective date—1997 c 218: See notes following RCW 70A.120.030.
Finding—Effective date—1994 c 252: See notes following RCW 70A.125.010.

catchline: Organic and inorganic chemicals—Area-wide waiver program.


title: RCW 70A.125.120

text:
The safe drinking water account is created in the general fund of the state treasury. All receipts from the operating permit fees required to be paid under RCW 70A.125.100 shall be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used by the department of health to carry out the purposes of chapter 304, Laws of 1991 and to carry out contracts with local governments in accordance with this chapter.
[ 2020 c 20 s 1358; 1991 c 304 s 6. Formerly RCW 70.119A.120.]
Notes:
Requirements effective upon adoption of rules—1991 c 304: See note following RCW 70A.125.090.

catchline: Safe drinking water account.


title: RCW 70A.125.130

text:
(1) Local governments may establish separate operating permit requirements for public water systems provided the operating permit requirements have been approved by the department. The department shall not approve local operating permit requirements unless the local system will result in an increased level of service to the public water system. There shall not be duplicate operating permit requirements imposed by local governments and the department.
(2) Except as provided in RCW 70A.125.010(4)(b), local governments may establish requirements for group B public water systems in addition to those established by rule by the state board of health pursuant to RCW 43.20.050(2) or other rules adopted by the department, provided that the requirements are at least as stringent as the state requirements.
[ 2025 c 65 s 2; 2009 c 495 s 6; 1995 c 376 s 9; 1991 c 304 s 7. Formerly RCW 70.119A.130.]
Notes:
Effective date—2025 c 65: See note following RCW 70A.125.010.
Effective date—2009 c 495: See note following RCW 43.20.050.
Effective date—1995 c 376 s 9: "Section 9 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1995." [ 1995 c 376 s 17.]
Findings—1995 c 376: See note following RCW 70A.100.060.
Requirements effective upon adoption of rules—1991 c 304: See note following RCW 70A.125.090.

catchline: Local government authority.


title: RCW 70A.125.140

text:
In such cases where a bottled water plant operator or water dealer knows or has reason to believe that a contaminant is present in the source water because of spill, release of a hazardous substance, or otherwise, and the contaminant's presence would create a potential health hazard to consumers, the plant operator or water dealer must report such an occurrence to the state's department of health.
[ 1992 c 34 s 5. Formerly RCW 70.119A.140.]
Notes:
Severability—1992 c 34: See note following RCW 69.07.170.

catchline: Report by bottled water plant operator or water dealer of contaminant in water source.


title: RCW 70A.125.150

text:
(1)(a) Except as otherwise provided in (b) of this subsection, the secretary or his or her designee shall have the right to enter a premises under the control of a public water system at reasonable times with prior notification in order to determine compliance with laws and rules administered by the department of health to test, inspect, or sample features of a public water system and inspect, copy, or photograph monitoring equipment or other features of a public water system, or records required to be kept under laws or rules regulating public water systems. For the purposes of this section, "premises under the control of a public water system" does not include the premises or private property of a customer of a public water system past the point on the system where the service connection is made.
(b) The secretary or his or her designee need not give prior notification to enter a premises under (a) of this subsection if the purpose of the entry is to ensure compliance by the public water system with a prior order of the department or if the secretary or the secretary's designee has reasonable cause to believe the public water system is violating the law and poses a serious threat to public health and safety.
(2) The secretary or his or her designee may apply for an administrative search warrant to a court official authorized to issue a criminal search warrant. An administrative search warrant may be issued for the purposes of inspecting or examining property, buildings, premises, place, books, records, or other physical evidence, or conducting tests or taking samples. The warrant shall be issued upon probable cause. It is sufficient probable cause to show any of the following:
(a) The inspection, examination, test, or sampling is pursuant to a general administrative plan to determine compliance with laws or rules administered by the department; or
(b) The secretary or his or her designee has reason to believe that a violation of a law or rule administered by the department has occurred, is occurring, or may occur.
(3) The local health officer or the designee of a local health officer of a local board of health that is enforcing rules regulating public water systems under an agreement with the department allocating state and local responsibility is authorized to conduct investigations and to apply for, obtain, and execute administrative search warrants necessary to perform the local board's agreed-to responsibilities under the same limitations and requirements imposed on the department under this section.
[ 1993 c 305 s 4. Formerly RCW 70.119A.150.]

catchline: Authority to enter premises—Search warrants—Investigations.


title: RCW 70A.125.160

text:
(1) A drinking water assistance account and an administrative subaccount are created in the state treasury. The purpose of the account is to allow the state to use any federal funds that become available to states from congress to fund a state revolving fund loan program as part of the reauthorization of the federal safe drinking water act. Moneys in the account may be spent only after appropriation. Until June 30, 2018, expenditures from the account may only be made by the secretary of health, the public works board, or the department of commerce. Beginning July 1, 2018, expenditures from the account may only be made by the secretary. Moneys in the account may only be used, consistent with federal law, to assist local governments and public water systems to provide safe and reliable drinking water through a program administered through the department and for other activities authorized under federal law. Money may be placed in the account from the proceeds of bonds when authorized by the legislature, transfers from other state funds or accounts, federal capitalization grants or other financial assistance, all repayments of moneys borrowed from the account, all interest payments made by borrowers from the account or otherwise earned on the account, or any other lawful source. All interest earned on moneys deposited in the account, including repayments, shall remain in the account and may be used for any eligible purpose.
(2) The department shall maintain a program to use the moneys in the drinking water assistance account as provided by the federal government under the safe drinking water act. The department shall make every reasonable effort to provide cost-effective, timely services and disburse federal funds to eligible public water systems as quickly as possible after the federal government has made them available.
(3) The department shall have the authority to establish assistance priorities and carry out oversight and related activities with respect to assistance provided with federal funds. By December 31, 2016, the department, the public works board, and the department of commerce shall develop a memorandum of understanding to transfer financial administration of the program as authorized under subsection (1) of this section.
(4) The department shall:
(a) Develop guidelines for providing assistance to public water systems and related oversight prioritization and oversight responsibilities including requirements for prioritization of loans or other financial assistance to public water systems;
(b) Establish a prioritized list of projects. Priority considerations must include, but are not limited to:
(i) Financial capability of the applicant to repay the loan;
(ii) The applicant's readiness to proceed and the ability of the applicant to promptly commence and complete the project;
(iii) Consistency with existing water resource planning and management, including coordinated water supply plans, regional water resource plans, and comprehensive plans under the growth management act, chapter 36.70A RCW;
(iv) Least-cost solutions, including restructuring of public water systems, where appropriate;
(v) The provision of regional benefits that affect more than one public water system;
(vi) Projects and activities that facilitate compliance with the federal safe drinking water act;
(vii) Projects and activities that are intended to achieve the public health objectives of federal and state drinking water laws[,] regulations, and rules; and
(viii) Implementation of water use efficiency and other demand management measures consistent with state laws and rules for water utilities;
(c) Provide assistance for the necessary planning and engineering to ensure that consistency, coordination, and proper professional review are incorporated into projects or activities proposed for funding;
(d) Establish minimum standards for water system capacity, including operational, technical, managerial, and financial capability, and as part of water system planning requirements;
(e) Oversee the testing and evaluation of the water quality of public water systems to ensure that priority for financial assistance is provided to systems and areas with threats to public health from contaminated supplies and reduce in appropriate cases the substantial increases in costs and rates that customers of small systems would otherwise incur under the monitoring and testing requirements of the federal safe drinking water act;
(f) Coordinate, to the maximum extent possible, with other state programs that provide financial assistance to public water systems and state programs that address existing or potential water quality or drinking water contamination problems;
(g) Submit a prioritized list of projects to the public works board for coordination with other state and federal infrastructure assistance programs, and to the appropriate committees of the legislature by February 1st of each year; and
(h) Fulfill the audit, accounting, and reporting requirements under federal law for the administration of the program.
(5) The department shall adopt such rules as are necessary under chapter 34.05 RCW to administer the program.
[ 2016 c 111 s 1; 2001 c 141 s 4; 1997 c 218 s 4; 1995 c 376 s 10. Formerly RCW 70.119A.170.]
Notes:
Purpose—2001 c 141: See note following RCW 43.84.092.
Findings—Effective date—1997 c 218: See notes following RCW 70A.120.030.
Findings—1995 c 376: See note following RCW 70A.100.060.

catchline: Drinking water assistance account—Administrative subaccount—Program to provide financial assistance to public water systems—Responsibilities.


title: RCW 70A.125.170

text:
(1) It is the intent of the legislature that the department establish water use efficiency requirements designed to ensure efficient use of water while maintaining water system financial viability, improving affordability of supplies, and enhancing system reliability.
(2) The requirements of this section shall apply to all municipal water suppliers and shall be tailored to be appropriate to system size, forecasted system demand, and system supply characteristics.
(3) For the purposes of this section:
(a) Water use efficiency includes conservation planning requirements, water distribution system leakage standards, and water conservation performance reporting requirements; and
(b) "Municipal water supplier" and "municipal water supply purposes" have the meanings provided by RCW 90.03.015.
(4) To accomplish the purposes of this section, the department shall adopt rules necessary to implement this section by December 31, 2005. The department shall:
(a) Develop conservation planning requirements that ensure municipal water suppliers are: (i) Implementing programs to integrate conservation with water system operation and management; and (ii) identifying how to appropriately fund and implement conservation activities. Requirements shall apply to the conservation element of water system plans and small water system management programs developed pursuant to chapter 43.20 RCW. In establishing the conservation planning requirements the department shall review the current department conservation planning guidelines and include those elements that are appropriate for rule. Conservation planning requirements shall include but not be limited to:
(A) Selection of cost-effective measures to achieve a system's water conservation objectives. Requirements shall allow the municipal water supplier to select and schedule implementation of the best methods for achieving its conservation objectives;
(B) Evaluation of the feasibility of adopting and implementing water delivery rate structures that encourage water conservation;
(C) Evaluation of each system's water distribution system leakage and, if necessary, identification of steps necessary for achieving water distribution system leakage standards developed under (b) of this subsection;
(D) Collection and reporting of water consumption and source production and/or water purchase data. Data collection and reporting requirements shall be sufficient to identify water use patterns among utility customer classes, where applicable, and evaluate the effectiveness of each system's conservation program. Requirements, including reporting frequency, shall be appropriate to system size and complexity. Reports shall be available to the public; and
(E) Establishment of minimum requirements for water demand forecast methodologies such that demand forecasts prepared by municipal water suppliers are sufficient for use in determining reasonably anticipated future water needs;
(b) Develop water distribution system leakage standards to ensure that municipal water suppliers are taking appropriate steps to reduce water system leakage rates or are maintaining their water distribution systems in a condition that results in leakage rates in compliance with the standards. Limits shall be developed in terms of percentage of total water produced and/or purchased and shall not be lower than ten percent. The department may consider alternatives to the percentage of total water supplied where alternatives provide a better evaluation of the water system's leakage performance. The department shall institute a graduated system of requirements based on levels of water system leakage. A municipal water supplier shall select one or more control methods appropriate for addressing leakage in its water system;
(c) Establish minimum requirements for water conservation performance reporting to assure that municipal water suppliers are regularly evaluating and reporting their water conservation performance. The objective of setting conservation goals is to enhance the efficient use of water by the water system customers. Performance reporting shall include:
(i) Requirements that municipal water suppliers adopt and achieve water conservation goals. The elected governing board or governing body of the water system shall set water conservation goals for the system. In setting water conservation goals the water supplier may consider historic conservation performance and conservation investment, customer base demographics, regional climate variations, forecasted demand and system supply characteristics, system financial viability, system reliability, and affordability of water rates. Conservation goals shall be established by the municipal water supplier in an open public forum;
(ii) Requirements that the municipal water supplier adopt schedules for implementing conservation program elements and achieving conservation goals to ensure that progress is being made toward adopted conservation goals;
(iii) A reporting system for regular reviews of conservation performance against adopted goals. Performance reports shall be available to customers and the public. Requirements, including reporting frequency, shall be appropriate to system size and complexity;
(iv) Requirements that any system not meeting its water conservation goals shall develop a plan for modifying its conservation program to achieve its goals along with procedures for reporting performance to the department;
(v) If a municipal water supplier determines that further reductions in consumption are not reasonably achievable, it shall identify how current consumption levels will be maintained;
(d) Adopt rules that, to the maximum extent practical, utilize existing mechanisms and simplified procedures in order to minimize the cost and complexity of implementation and to avoid placing unreasonable financial burden on smaller municipal systems.
(5) The department shall provide technical assistance upon request to municipal water suppliers and local governments regarding water conservation, which may include development of best management practices for water conservation programs, conservation landscape ordinances, conservation rate structures for public water systems, and general public education programs on water conservation.
(6) To ensure compliance with this section, the department shall establish a compliance process that incorporates a graduated approach employing the full range of compliance mechanisms available to the department.
(7) Prior to completion of rule making required in subsection (4) of this section, municipal water suppliers shall continue to meet the existing conservation requirements of the department and shall continue to implement their current water conservation programs.
[ 2010 1st sp.s. c 7 s 121; 2003 1st sp.s. c 5 s 7. Formerly RCW 70.119A.180.]
Notes:
Effective date—2010 1st sp.s. c 26; 2010 1st sp.s. c 7: See note following RCW 43.03.027.
Severability—2003 1st sp.s. c 5: See note following RCW 90.03.015.

catchline: Water use efficiency requirements—Rules.


title: RCW 70A.125.180

text:
Subject to the availability of amounts appropriated for this specific purpose, the department shall provide financial assistance through a water system acquisition and rehabilitation program, hereby created. The department shall adopt guidelines for the program using as a model the procedures and criteria of the drinking water revolving loan program authorized under RCW 70A.125.160. All financing provided through the program must be in the form of grants or loans that partially cover project costs, including projects and planning required under RCW 43.20.310. The maximum grant or loan to any eligible entity may not exceed 25 percent of the funds allocated to the appropriation in any fiscal year.
[ 2023 c 228 s 18; 2020 c 20 s 1359; 2008 c 214 s 2. Formerly RCW 70.119A.190.]
Notes:
Finding—Purpose—2008 c 214: "The legislature finds that it is the state's policy to maintain the highest quality and reliability of drinking water supplies to all citizens of the state. Small water systems may face greater challenges in this regard because of declining quality in water sources, catastrophic events such as flooding that impair water sources, the age of the system's infrastructure, saltwater intrusion into water sources, inadequate rate base for conducting necessary improvements, and other challenges. In response to these needs, the water system acquisition and rehabilitation program was created through biennial budget law, and through the current biennium has a total of nine million seven-hundred fifty thousand dollars toward assisting dozens of water systems to improve the quality of water supply service to thousands of customers.
It is the purpose of this act to establish an ongoing water system acquisition and rehabilitation program, to direct a review of the program to date, and to provide for recommendations for strengthening the program and increasing the financial assistance available under the program." [ 2008 c 214 s 1.]

catchline: Water system acquisition and rehabilitation program—Created.


title: RCW 70A.125.190

text:
A group A water system serving fewer than one hundred connections that purchases water from a water system approved by the department shall measure chlorine residuals at the same time and location of collection for a routine and repeat coliform sample.
[ 2009 c 367 s 8. Formerly RCW 70.119A.200.]

catchline: Measuring chlorine residuals.


title: RCW 70A.125.200

text:
(1) A person or purveyor that owns, operates, or maintains a public water system shall not be liable for damages resulting from shutting off water to a residential home with an installed fire sprinkler system if the shut off is due to: (a) Routine maintenance or construction; (b) nonpayment by the customer; or (c) a water system emergency.
(2) Any governmental or municipal corporation, including but not limited to special districts, shall be deemed to be exercising a governmental function when it acts or undertakes to supply water, within or without its corporate limits, to a residential home with an installed fire sprinkler system.
[ 2011 c 331 s 4. Formerly RCW 70.119A.210.]
Notes:
Intent—2011 c 331: See note following RCW 82.02.100.

catchline: Fire sprinkler systems—Shutting off—Liability.


title: RCW 70A.125.210

text:
A public water system that considers commencing or discontinuing fluoridation of its water supply on a continuing basis shall notify its customers and the department of its intentions at least 90 days prior to a vote or decision on the matter. The water system shall notify its customers via radio, television, newspaper, regular mail, electronic means, or any notification methods which effectively notify customers at least 90 days prior to any meeting at which the vote or decision will occur. Any public water system that violates the notification requirements of this subsection [section] shall return the fluoridation of its water supply to its previous level until proper notification is provided under the provisions of this section.
[ 2023 c 140 s 1.]

catchline: Fluoridation of water supply—Commencing or discontinuing—Notice.


title: RCW 70A.125.900

text:
This act shall be known and cited as the "Washington state safe drinking water act."
[ 1989 c 422 s 1. Formerly RCW 70.119A.900.]

catchline: Short title—1989 c 422.


title: RCW 70A.130.010

text:
(1) In order to protect public health from chemical contaminants in drinking water, the state board of health shall conduct public hearings and, where technical data allow, establish by rule standards for allowable concentrations. For purposes of this chapter, the words "chemical contaminants" are limited to synthetic organic chemical contaminants and to any other contaminants which in the opinion of the board constitute a threat to public health. If adequate data to support setting of a standard is available, the state board of health shall adopt by rule a maximum contaminant level for water provided to consumers' taps. Standards set for contaminants known to be toxic shall consider both short-term and chronic toxicity. Standards set for contaminants known to be carcinogenic shall be consistent with risk levels established by the state board of health.
(2) The board shall consider the best available scientific information in establishing the standards. The board may review and revise the standards. State and local standards for chemical contaminants may be more strict than the federal standards.
[ 1984 c 187 s 1. Formerly RCW 70.142.010.]

catchline: Establishment of standards for chemical contaminants in drinking water by state board of health.


title: RCW 70A.130.020

text:
The state board of health shall conduct public hearings and establish by rule monitoring requirements for chemical contaminants in public water supplies. Results of tests conducted pursuant to such requirements shall be submitted to the department of health and to the local health department. The state board of health may review and revise monitoring requirements for chemical contaminants.
[ 1991 c 3 s 374; 1984 c 187 s 2. Formerly RCW 70.142.020.]

catchline: Establishment of monitoring requirements for chemical contaminants in public water supplies by state board of health.


title: RCW 70A.130.030

text:
The state board of health in determining monitoring requirements for public water supply systems shall take into consideration economic impacts as well as public health risks.
[ 1984 c 187 s 5. Formerly RCW 70.142.030.]

catchline: Monitoring requirements—Considerations.


title: RCW 70A.130.040

text:
Each local health department serving a county with a population of one hundred twenty-five thousand or more may establish water quality standards for its jurisdiction more stringent than standards established by the state board of health. Each local health department establishing such standards shall base the standards on the best available scientific information.
[ 1991 c 363 s 145; 1984 c 187 s 3. Formerly RCW 70.142.040.]
Notes:
Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180.

catchline: Establishment of water quality standards by local health department in large counties.


title: RCW 70A.130.050

text:
Public water supply systems as defined by RCW 70A.120.020 that the state board of health or local health department determines do not comply with the water quality standards applicable to the system shall immediately initiate preparation of a corrective plan designed to meet or exceed the minimum standards for submission to the department of health. The owner of such system shall within one year take any action required to bring the water into full compliance with the standards. The department of health may require compliance as promptly as necessary to abate an immediate public health threat or may extend the period of compliance if substantial new construction is required: PROVIDED FURTHER, That the extension shall be granted only upon a determination by the department, after a public hearing, that the extension will not pose an imminent threat to public health. Each such system shall include a notice identifying the water quality standards exceeded, and the amount by which the water tested exceeded the standards, in all customer bills mailed after such determination. The notification shall continue until water quality tests conducted in accordance with this chapter establish that the system meets or exceeds the minimum standards.
[ 2020 c 20 s 1377; 1991 c 3 s 375; 1984 c 187 s 4. Formerly RCW 70.142.050.]

catchline: Noncomplying public water supply systems—Submission of corrective plan—Notification to system's customers.


title: RCW 70A.135.010

text:
The long-range health and environmental goals for the state of Washington require the protection of the state's surface and underground waters for the health, safety, use, enjoyment, and economic benefit of its people. It is the purpose of this chapter to provide financial assistance to the state and to local governments for the planning, design, acquisition, construction, and improvement of water pollution control facilities and related activities in the achievement of state and federal water pollution control requirements for the protection of the state's waters.
It is the intent of the legislature that distribution of moneys for water pollution control facilities under this chapter be made on an equitable basis taking into consideration legal mandates, local effort, ratepayer impacts, and past distributions of state and federal moneys for water pollution control facilities.
It is the intent of this chapter that the cost of any water pollution control facility attributable to increased or additional capacity that exceeds one hundred ten percent of existing needs at the time of application for assistance under this chapter shall be entirely a local or private responsibility. It is the intent of this chapter that industrial pretreatment be paid by industries and that state funds shall not be used for such purposes.
[ 2009 c 479 s 51; 1986 c 3 s 1. Formerly RCW 70.146.010.]
Notes:
Effective date—2009 c 479: See note following RCW 2.56.030.
Effective dates—1986 c 3: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately except sections 12 through 15 of this act shall take effect April 1, 1986." [ 1986 c 3 s 18.]

catchline: Purpose—Legislative intent.


title: RCW 70A.135.020

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Department" means the department of ecology.
(2) "Eligible cost" means the cost of that portion of a water pollution control facility that can be financed under this chapter excluding any portion of a facility's cost attributable to capacity that is in excess of that reasonably required to address one hundred ten percent of the applicant's needs for water pollution control existing at the time application is submitted for assistance under this chapter.
(3) "Nonpoint source water pollution" means pollution that enters any waters of the state from any dispersed water-based or land-use activities, including, but not limited to, atmospheric deposition, surface water runoff from agricultural lands, urban areas, and forestlands, subsurface or underground sources, and discharges from boats or other marine vessels.
(4) "Public body" means the state of Washington or any agency, county, city or town, conservation district, other political subdivision, municipal corporation, quasi-municipal corporation, and those Indian tribes now or hereafter recognized as such by the federal government.
(5) "Sole source aquifer" means the sole or principal source of public drinking water for an area designated by the administrator of the environmental protection agency pursuant to Public Law 93-523, Sec. 1424(b).
(6) "Water pollution" means such contamination, or other alteration of the physical, chemical, or biological properties of any waters of the state, including change in temperature, taste, color, turbidity, or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive, or other substance into any waters of the state as will or is likely to create a nuisance or render such waters harmful, detrimental, or injurious to the public health, safety, or welfare, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish, or other aquatic life.
(7) "Water pollution control activities" means actions taken by a public body for the following purposes: (a) To prevent or mitigate pollution of underground water; (b) to control nonpoint sources of water pollution; (c) to restore the water quality of freshwater lakes; and (d) to maintain or improve water quality through the use of water pollution control facilities or other means. During the 1995-1997 fiscal biennium, "water pollution control activities" includes activities by state agencies to protect public drinking water supplies and sources.
(8) "Water pollution control facility" or "facilities" means any facilities or systems for the control, collection, storage, treatment, disposal, or recycling of wastewater, including but not limited to sanitary sewage, stormwater, residential, commercial, industrial, and agricultural wastes, which are causing water quality degradation due to concentrations of conventional, nonconventional, or toxic pollutants. Water pollution control facilities include all equipment, utilities, structures, real property, and interests in and improvements on real property necessary for or incidental to such purpose. Water pollution control facilities also include such facilities, equipment, and collection systems as are necessary to protect federally designated sole source aquifers.
[ 2009 c 479 s 52; 1995 2nd sp.s. c 18 s 920; 1993 sp.s. c 24 s 923; 1987 c 436 s 5; 1986 c 3 s 2. Formerly RCW 70.146.020.]
Notes:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Effective date—2009 c 479: See note following RCW 2.56.030.
Severability—Effective date—1995 2nd sp.s. c 18: See notes following RCW 19.118.110.
Severability—Effective dates—1993 sp.s. c 24: See notes following RCW 28A.310.020.
Effective dates—1986 c 3: See note following RCW 70A.135.010.

catchline: Definitions.


title: RCW 70A.135.030

text:
The department may make grants or loans to public bodies, including grants to public bodies as cost-sharing moneys in any case where federal, local, or other funds are made available on a cost-sharing basis, for water pollution control facilities and activities, or for purposes of assisting a public body to obtain an ownership interest in water pollution control facilities and/or to defray a part of the payments made by a public body to a service provider under a service agreement entered into pursuant to RCW 70A.140.060, within the purposes of this chapter and for related administrative expenses. No more than three percent of the moneys may be used by the department to pay for the administration of the grant and loan program authorized by this chapter.
[ 2020 c 20 s 1378; 2009 c 479 s 53; 2007 c 522 s 955. Prior: 2005 c 518 s 940; 2005 c 514 s 1108; 2004 c 277 s 909; 2003 1st sp.s. c 25 s 934; 2002 c 371 s 921; 2001 2nd sp.s. c 7 s 922; 1996 c 37 s 2; 1995 2nd sp.s. c 18 s 921; 1991 sp.s. c 13 s 61; prior: 1987 c 505 s 64; 1987 c 436 s 6; 1986 c 3 s 3. Formerly RCW 70.146.030.]
Notes:
Effective date—2009 c 479: See note following RCW 2.56.030.
Severability—Effective date—2007 c 522: See notes following RCW 15.64.050.
Effective date—2005 c 518: See note following RCW 28A.600.110.
Effective date—2005 c 514: See note following RCW 83.100.230.
Part headings not law—Severability—2005 c 514: See notes following RCW 82.12.808.
Severability—Effective dates—2004 c 277: See notes following RCW 89.08.550.
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
Severability—Effective date—2002 c 371: See notes following RCW 9.46.100.
Severability—Effective date—2001 2nd sp.s. c 7: See notes following RCW 43.320.110.
Severability—Effective date—1995 2nd sp.s. c 18: See notes following RCW 19.118.110.
Effective dates—1991 sp.s. c 13: See note following RCW 18.04.105.
Effective dates—1986 c 3: See note following RCW 70A.135.010.

catchline: Water pollution control facilities and activities—Grants or loans.


title: RCW 70A.135.040

text:
No grant or loan made in this chapter for fiscal year 1987 shall be construed to establish a precedent for levels of grants or loans made under this chapter thereafter.
[ 2009 c 479 s 54; 1986 c 3 s 6. Formerly RCW 70.146.040.]
Notes:
Effective date—2009 c 479: See note following RCW 2.56.030.
Effective dates—1986 c 3: See note following RCW 70A.135.010.

catchline: Level of grant or loan not precedent.


title: RCW 70A.135.050

text:
The department of ecology may provide for a phased in compliance schedule for secondary treatment which addresses local factors that may impede compliance with secondary treatment requirements of the federal clean water act.
In determining the length of time to be granted for compliance, the department shall consider the criteria specified in the federal clean water act.
[ 1986 c 3 s 8. Formerly RCW 70.146.050.]
Notes:
Effective dates—1986 c 3: See note following RCW 70A.135.010.

catchline: Compliance schedule for secondary treatment.


title: RCW 70A.135.060

text:
Funds provided for facilities and activities under this chapter may be used for payments to a service provider under a service agreement pursuant to RCW 70A.140.060. If funds are to be used for such payments, the department may make periodic disbursements to a public body or may make a single lump sum disbursement. Disbursements of funds with respect to a facility owned or operated by a service provider shall be equivalent in value to disbursements that would otherwise be made if that facility were owned or operated by a public body. Payments under this chapter for waste disposal and management facilities made to public bodies entering into service agreements pursuant to RCW 70A.140.060 shall not exceed amounts paid to public bodies not entering into service agreements.
[ 2020 c 20 s 1379; 2009 c 479 s 55. Prior: 1987 c 527 s 1; 1987 c 436 s 7; 1986 c 3 s 9. Formerly RCW 70.146.060.]
Notes:
Effective date—2009 c 479: See note following RCW 2.56.030.
Effective dates—1986 c 3: See note following RCW 70A.135.010.

catchline: Use of funds—Limitations.


title: RCW 70A.135.070

text:
(1) When making grants or loans for water pollution control facilities, the department shall consider the following:
(a) The protection of water quality and public health;
(b) The cost to residential ratepayers if they had to finance water pollution control facilities without state assistance;
(c) Actions required under federal and state permits and compliance orders;
(d) The level of local fiscal effort by residential ratepayers since 1972 in financing water pollution control facilities;
(e) Except as otherwise conditioned by RCW 70A.135.110, whether the entity receiving assistance is a Puget Sound partner, as defined in RCW 90.71.010;
(f) Whether the project is referenced in the action agenda developed by the Puget Sound partnership under RCW 90.71.310;
(g) Except as otherwise provided in RCW 70A.135.120, and effective one calendar year following the development and statewide availability of urban forestry management plans and ordinances under RCW 76.15.090, whether the project is sponsored by an entity that has been recognized, and what gradation of recognition was received, in the evergreen community designation program created in RCW 76.15.090;
(h) The extent to which the applicant county or city, or if the applicant is another public body, the extent to which the county or city in which the applicant public body is located, has established programs to mitigate nonpoint pollution of the surface or subterranean water sought to be protected by the water pollution control facility named in the application for state assistance; and
(i) The recommendations of the Puget Sound partnership, created in RCW 90.71.210, and any other board, council, commission, or group established by the legislature or a state agency to study water pollution control issues in the state.
(2) Except where necessary to address a public health need or substantial environmental degradation, a county, city, or town planning under RCW 36.70A.040 may not receive a grant or loan for water pollution control facilities unless it has adopted a comprehensive plan, including a capital facilities plan element, and development regulations as required by RCW 36.70A.040. A county, city, or town that has adopted a comprehensive plan and development regulations as provided in RCW 36.70A.040 may request a grant or loan for water pollution control facilities. This subsection does not require any county, city, or town planning under RCW 36.70A.040 to adopt a comprehensive plan or development regulations before requesting a grant or loan under this chapter if such request is made before the expiration of the time periods specified in RCW 36.70A.040. A county, city, or town planning under RCW 36.70A.040 that has not adopted a comprehensive plan and development regulations within the time periods specified in RCW 36.70A.040 is not prohibited from receiving a grant or loan under this chapter if the comprehensive plan and development regulations are adopted as required by RCW 36.70A.040 before the department executes a contractual agreement for the grant or loan.
(3) Whenever the department is considering awarding grants or loans for public facilities to special districts requesting funding for a proposed facility located in a county, city, or town planning under RCW 36.70A.040, it shall consider whether the county, city, or town planning under RCW 36.70A.040 in whose planning jurisdiction the proposed facility is located has adopted a comprehensive plan and development regulations as required by RCW 36.70A.040.
(4) After January 1, 2010, any project designed to address the effects of water pollution on Puget Sound may be funded under this chapter only if the project is not in conflict with the action agenda developed by the Puget Sound partnership under RCW 90.71.310.
[ 2021 c 209 s 18; 2020 c 20 s 1380; 2013 c 275 s 4; 2008 c 299 s 26. Prior: 2007 c 341 s 60; 2007 c 341 s 26; 1999 c 164 s 603; 1997 c 429 s 30; 1991 sp.s. c 32 s 24; 1986 c 3 s 10. Formerly RCW 70.146.070.]
Notes:
Findings—Intent—2021 c 209: See note following RCW 76.15.005.
Short title—2008 c 299: See note following RCW 76.15.020.
Effective date—2007 c 341: See RCW 90.71.907.
Findings—Intent—Part headings and subheadings not law—Effective date—Severability—1999 c 164: See notes following RCW 43.160.010.
Savings—1999 c 164 ss 301-303, 305, 306, and 601-603: See note following RCW 82.60.020.
Effective date—1997 c 429 ss 29 and 30: See note following RCW 43.155.070.
Severability—1997 c 429: See note following RCW 36.70A.3201.
Section headings not law—1991 sp.s. c 32: See RCW 36.70A.902.
Effective dates—1986 c 3: See note following RCW 70A.135.010.

catchline: Grants or loans for water pollution control facilities—Considerations.


title: RCW 70A.135.080

text:
(1) The department of ecology may enter into contracts with local jurisdictions which provide for extended grant payments under which eligible costs may be paid on an advanced or deferred basis.
(2) Extended grant payments shall be in equal annual payments, the total of which does not exceed, on a net present value basis, fifty percent of the total eligible cost of the project incurred at the time of design and construction. The duration of such extended grant payments shall be for a period not to exceed twenty years. The total of federal and state grant moneys received for the eligible costs of the project shall not exceed fifty percent of the eligible costs.
(3) Any moneys appropriated by the legislature for the purposes of this section shall be first used by the department of ecology to satisfy the conditions of the extended grant payment contracts.
[ 2009 c 479 s 56; 1987 c 516 s 1. Formerly RCW 70.146.075.]
Notes:
Effective date—2009 c 479: See note following RCW 2.56.030.

catchline: Extended grant payments.


title: RCW 70A.135.090

text:
In providing grants and loans to local governments, the department shall require recipients to incorporate the environmental benefits of the project into their applications, and the department shall utilize the statement of environmental benefits in its grant and loan prioritization and selection process. The department shall also develop appropriate outcome-focused performance measures to be used both for management and performance assessment of the grant and loan program. To the extent possible, the department should coordinate its performance measure system with other natural resource-related agencies as defined in RCW 43.41.270. The department shall consult with affected interest groups in implementing this section.
[ 2001 c 227 s 6. Formerly RCW 70.146.090.]
Notes:
Findings—Intent—2001 c 227: See note following RCW 43.41.270.

catchline: Grants and loans to local governments—Statement of environmental benefits—Development of outcome-focused performance measures.


title: RCW 70A.135.110

text:
When making grants or loans for water pollution control facilities under RCW 70A.135.070, the department shall give preference only to Puget Sound partners, as defined in RCW 90.71.010, in comparison to other entities that are eligible to be included in the definition of Puget Sound partner. Entities that are not eligible to be a Puget Sound partner due to geographic location, composition, exclusion from the scope of the action agenda developed by the Puget Sound partnership under RCW 90.71.310, or for any other reason, shall not be given less preferential treatment than Puget Sound partners.
[ 2020 c 20 s 1382; 2007 c 341 s 27. Formerly RCW 70.146.110.]
Notes:
Effective date—2007 c 341: See RCW 90.71.907.

catchline: Puget Sound partners.


title: RCW 70A.135.120

text:
When administering funds under this chapter, the department shall give preference only to an evergreen community recognized under *RCW 35.105.030 in comparison to other entities that are eligible to receive evergreen community designation. Entities not eligible for designation as an evergreen community shall not be given less preferential treatment than an evergreen community.
[ 2008 c 299 s 31. Formerly RCW 70.146.120.]
Notes:
*Reviser's note: RCW 35.105.030 was repealed by 2021 c 209 s 26.
Short title—2008 c 299: See note following RCW 76.15.020.

catchline: Administering funds—Preference to an evergreen community.


title: RCW 70A.140.010

text:
The long-range health and economic and environmental goals for the state of Washington require the protection of the state's surface and underground waters for the health, safety, use, and enjoyment of its people. It is the purpose of this chapter to provide public bodies an additional means by which to provide for financing, development, and operation of water pollution control facilities needed for achievement of state and federal water pollution control requirements for the protection of the state's waters.
It is the intent of the legislature that public bodies be authorized to provide service from water pollution control facilities by means of service agreements with public or private parties as provided in this chapter.
[ 1986 c 244 s 1. Formerly RCW 70.150.010.]


title: RCW 70A.140.020

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Water pollution control facilities" or "facilities" means any facilities, systems, or subsystems owned or operated by a public body, or owned or operated by any person or entity for the purpose of providing service to a public body, for the control, collection, storage, treatment, disposal, or recycling of wastewater, including but not limited to sanitary sewage, stormwater, residential wastes, commercial wastes, industrial wastes, and agricultural wastes, that are causing or threatening the degradation of subterranean or surface bodies of water due to concentrations of conventional, nonconventional, or toxic pollutants. Water pollution control facilities do not include dams or water supply systems.
(2) "Public body" means the state of Washington or any agency, county, city or town, political subdivision, municipal corporation, or quasi-municipal corporation.
(3) "Water pollution" means such contamination, or other alteration of the physical, chemical, or biological properties of any surface or subterranean waters of the state, including change in temperature, taste, color, turbidity, or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive, or other substance into any waters of the state as will or is likely to create a nuisance or render such waters harmful, detrimental, or injurious to the public health, safety, or welfare, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish, or other aquatic life.
(4) "Agreement" means any agreement to which a public body and a service provider are parties by which the service provider agrees to deliver service to such public body in connection with its design, financing, construction, ownership, operation, or maintenance of water pollution control facilities in accordance with this chapter.
(5) "Service provider" means any privately owned or publicly owned profit or nonprofit corporation, partnership, joint venture, association, or other person or entity that is legally capable of contracting for and providing service with respect to the design, financing, ownership, construction, operation, or maintenance of water pollution control facilities in accordance with this chapter.
[ 1986 c 244 s 2. Formerly RCW 70.150.020.]


title: RCW 70A.140.030

text:
(1) Public bodies may enter into agreements with service providers for the furnishing of service in connection with water pollution control facilities pursuant to the process set forth in RCW 70A.140.040. The agreements may provide that a public body pay a minimum periodic fee in consideration of the service actually available without regard to the amount of service actually used during all or any part of the contractual period. Agreements may be for a term not to exceed forty years or the life of the facility, whichever is longer, and may be renewable.
(2) The source of funds to meet periodic payment obligations assumed by a public body pursuant to an agreement permitted under this section may be paid from taxes, or solely from user fees, charges, or other revenues pledged to the payment of the periodic obligations, or any of these sources.
[ 2020 c 20 s 1390; 1986 c 244 s 3. Formerly RCW 70.150.030.]

catchline: Agreements with service providers—Contents—Sources of funds for periodic payments under agreements.


title: RCW 70A.140.040

text:
The legislative authority of a public body may secure services by means of an agreement with a service provider. Such an agreement may obligate a service provider to perform one or more of the following services: Design, finance, construct, own, operate, or maintain water pollution control facilities by which services are provided to the public body. Service agreements and related agreements under this chapter shall be entered into in accordance with the following procedure:
(1) The legislative authority of the public body shall publish notice that it is seeking to secure certain specified services by means of entering into an agreement with a service provider. The notice shall be published in the official newspaper of the public body, or if there is no official newspaper then in a newspaper in general circulation within the boundaries of the public body, at least once each week for two consecutive weeks. The final notice shall appear not less than thirty days before the date for submission of proposals. The notice shall state (a) the nature of the services needed, (b) the location in the public body's offices where the requirements and standards for construction, operation, or maintenance of projects needed as part of the services are available for inspection, and (c) the final date for the submission of proposals. The legislative authority may undertake a prequalification process by the same procedure set forth in this subsection.
(2) The request for proposals shall (a) indicate the time and place responses are due, (b) include evaluation criteria to be considered in selecting a service provider, (c) specify minimum requirements or other limitations applying to selection, (d) insofar as practicable, set forth terms and provisions to be included in the service agreement, and (e) require the service provider to demonstrate in its proposal to the public body's satisfaction that it is in the public interest to enter into the service agreement and that the service agreement is financially sound and advantageous to the public body from the standpoint of annual costs, quality of services, experience of the provider, reduction of risk, and other factors.
(3) The criteria set forth in the request for proposals shall be those determined to be relevant by the legislative authority of the public body, which may include but shall not be limited to: The respondent's prior experience, including design, construction, or operation of other similar facilities; respondent's management capability, schedule availability, and financial resources; cost of the service; nature of facility design proposed by respondents; system reliability; performance standards required for the facilities; compatibility with existing service facilities operated by the public body or other providers of service to the public body; project performance warranties; penalty and other enforcement provisions; environmental protection measures to be used; and allocation of project risks. The legislative authority may designate persons or entities within or outside the public body (a) to assist it in issuing the request for proposals to ensure that proposals will be responsive to its needs, and (b) to assist it in evaluating the proposals received.
(4) After proposals under subsections (1) through (3) of this section have been received, the legislative authority or its designee shall determine, on the basis of its review of the proposals, whether one or more proposals have been received from respondents which are (a) determined to be qualified to provide the requested services, and (b) responsive to the notice and evaluation criteria, which shall include, but not be limited to, cost of services. These chosen respondents may, at the discretion of the public body, be aggregated into a short list of qualified respondents, who shall be referred to as the selected respondents in this section. The legislative authority or its designee shall conduct a bidder's conference to include all these selected respondents to assure a full understanding of the proposals. The bidder's conference shall make these selected respondents aware of any changes in the request for proposal. Any information related to revisions in the request for proposal shall be made available to all these selected respondents. Any selected respondent shall be accorded a reasonable opportunity for revision of its proposal prior to commencement of the negotiation provided in subsection (5) of this section, for the purpose of obtaining best and final proposals.
(5) After such conference is held, the legislative authority or its designee may negotiate with the selected respondent whose proposal it determines to be the most advantageous to the public body, considering the criteria set forth in the request for proposals. If negotiations are conducted by the designee, the legislative authority shall continue to oversee the negotiations and provide direction to its designee. If the negotiation is unsuccessful, the legislative authority may commence negotiations with any other selected respondent. On completion of this process, and after the department of ecology review and comments as provided for in subsection (9) of this section, and after public hearing as provided for in subsection (10) of this section, the legislative authority may approve a contract with its chosen respondent.
(6) Any person aggrieved by the legislative authority's approval of a contract may appeal the determination to an appeals board selected by the public body, which shall consist of not less than three persons determined by the legislative authority to be qualified for such purposes. Such board shall promptly hear and determine whether the public body entered into the agreement in accordance with this chapter and other applicable law. The board shall have the power only to affirm or void the agreement.
(7) Notwithstanding the foregoing, where contracting for design services by the public body is done separately from contracting for other services permitted under this chapter, the contracting for design services shall be done in accordance with chapter 39.80 RCW.
(8) If a public body elects to enter into an agreement whereby the service provider will own all or a portion of the water pollution control facilities it constructs, the service agreement shall include provision for an option by which a public body may acquire at fair market value facilities dedicated to such service.
(9) Before any service agreement is entered into by the public body, it shall be reviewed by the department of ecology to ensure consistency with the purposes of chapters 90.46 and 90.48 RCW.
The department of ecology has thirty days from receipt of the proposed service agreement to complete its review and provide the public body with comments. A review under this section is not intended to replace any additional permitting or regulatory reviews and approvals that may be required under other applicable laws.
(10) Prior to entering into any service agreement under this chapter, the public body must have made written findings, after holding a public hearing on the proposal, that it is in the public interest to enter into the service agreement and that the service agreement is financially sound and advantageous compared to other methods.
(11) Each service agreement shall include project performance bonds or other security by the service provider which in the judgment of the public body is sufficient to secure adequate performance by the service provider.
[ 2005 c 469 s 1; 1989 c 175 s 136; 1986 c 244 s 4. Formerly RCW 70.150.040.]
Notes:
Effective date—1989 c 175: See note following RCW 34.05.010.
Competitive bids—Inapplicability to certain agreements: RCW 35.22.625 and 36.32.265.

catchline: Service agreements and related agreements—Procedural requirements.


title: RCW 70A.140.050

text:
A public body may sell, lease, or assign public property for fair market value to any service provider as part of a service agreement entered into under the authority of this chapter. The property sold or leased shall be used by the provider, directly or indirectly, in providing services to the public body. Such use may include demolition, modification, or other use of the property as may be necessary to execute the purposes of the service agreement.
[ 1986 c 244 s 5. Formerly RCW 70.150.050.]

catchline: Sale, lease, or assignment of public property to service provider—Use for services to public body.


title: RCW 70A.140.060

text:
A public body that enters into a service agreement pursuant to this chapter, under which a facility is owned wholly or partly by a service provider, shall be eligible for grants or loans to the extent permitted by law or regulation as if the entire portion of the facility dedicated to service to such public body were publicly owned. The grants or loans shall be made to and shall inure to the benefit of the public body and not the service provider. Such grants or loans shall be used by the public body for all or part of its ownership interest in the facility, and/or to defray a part of the payments it makes to the service provider under a service agreement if such uses are permitted under the grant or loan program.
[ 1986 c 244 s 6. Formerly RCW 70.150.060.]

catchline: Public body eligible for grants or loans—Use of grants or loans.


title: RCW 70A.140.070

text:
RCW 70A.140.030 through 70A.140.060 shall be deemed to provide an additional method for the provision of services from and in connection with facilities and shall be regarded as supplemental and additional to powers conferred by other state laws and by federal laws.
[ 2020 c 20 s 1391; 2007 c 494 s 505; 2005 c 469 s 2; 1986 c 244 s 7. Formerly RCW 70.150.070.]
Notes:
Part headings and captions not law—Effective dates—Severability—2007 c 494: See RCW 39.10.903 through 39.10.905.

catchline: RCW 70A.140.030 through 70A.140.060 to be additional method of providing services.


title: RCW 70A.140.080

text:
(1) The provisions of chapters 39.12, 39.19, and * 39.25 RCW shall apply to a service agreement entered into under this chapter to the same extent as if the facilities dedicated to such service were owned by a public body.
(2) Subsection (1) of this section shall not be construed to apply to agreements or actions by persons or entities which are not undertaken pursuant to this chapter.
(3) Except for RCW 39.04.175, this chapter shall not be construed as a limitation or restriction on the application of Title 39 RCW to public bodies.
(4) Prevailing wages shall be established as the prevailing wage in the largest city of the county in which facilities are built.
[ 1986 c 244 s 8. Formerly RCW 70.150.080.]
Notes:
*Reviser's note: Chapter 39.25 RCW was repealed by 1994 c 138 s 2.

catchline: Application of other chapters to service agreements under this chapter—Prevailing wages.


title: RCW 70A.140.900

text:
This chapter may be cited as the water quality joint development act.
[ 1986 c 244 s 9. Formerly RCW 70.150.900.]

catchline: Short title.