1 Reclaimed Water Washington State Department of Health 2008 Water Law Conference Melissa McEachron, Senior Rule and Policy Consultant Office of Shellfish and Water Protection

2 Topics Agency Roles Legislative History Issues Overview Permits Technical Standards and Guidance Water Rights Barriers, Resources, and Planning Funding Economic Analyses

3 Agency Roles Ecology Manages Water Quality Manages Water Resources (Quantity) Health Manages Environmental Health Manages Drinking Water

4 Legislative History 1992 – Chapter RCW enacted 1995 – Amendments 1997 – Amendments Gives exclusive rights to use and distribute reclaimed water to facility owner (generator). (RCW )(1) Requires non-impairment of existing downstream water rights. (unless compensation or mitigation acceptable to water right holder) (RCW )

5 Legislative History (cont.) 1999 & 2000 – Activities Reclaimed Water positions funded at Ecology and Health Report on Demonstration Projects 2001, 2002, & 2005 – Amendments 2005 – Demonstration Projects Case Studies completed

6 Recent Legislation 2006 – Amendments Directs rule-making for all aspects of reclaimed water use – Dec (Ecology) Convene an broad-based interest advisory committee Coordinate with Department of Health

7 Recent Legislation (cont.) 2007 – Amendments Expands scope of rule advisory committee to: Address organizational structure, staffing Address barriers and recommend incentives Develop recommendations for dedicated long-term funding program Address legal issues and other issues of interest to the committee Consider more appropriate names for the program

8 Recent Legislation (cont.) 2007 – Amendments Require reclaimed water use at state agencies where feasible. GA demonstration project to irrigate capitol campus. (working with city of Olympia) Report to Legislature on progress in 2007 & 2008

9 Recent Legislation (cont.) 2007 – Governor’s Directive (E2SSB 6117) Ecology work with legislative leadership to address: Water right impairment (vetoed Sec. 4) and related issues. Reclaimed water planning and issues (Sec. 3 harmonize multiple statutes) [RCW (2) &(3)]

10 Recent Legislation (cont.) 2007 – Capital Budget $5.5 million initial funding – feasibility and construction project in Puget Sound. Ecology awarded the grants in January 2008.

11 Observations “Newer” area of law Statute “stops-short” of requiring reclaimed water use. High Activity Levels Legislation 2007 Reclaimed Water Workshop in Seattle. Pacific Northwest Clean Water Association sponsored Multiple government agency co-sponsors Multiple Committees and Reports Rule-making Activities

12 Issues Overview Permits Technical Standards and Guidance Water Rights Barriers, Resources, and Planning Funding

13 Permits Ecology NPDES Irrigation Multiple Use Permits Everything Else Health Commercial and Industrial Uses - only Domestic On-Site Systems: up to 0.1 MGD

14 Permits Required – to generate and distribute reclaimed water and required for greywater. Ecology and Health authorized to issue for specific reclaimed water uses. Ecology issuing all reclaimed water permits today. Memorandum of Agreement between ECY and DOH Health provides additional review functions (various engineering plans) Health responsible for greywater permitting. (fact sheet)

15 Permits Challenges Creating a “flexible” permit system. Both agencies have separate and specific authorities. Reducing redundancy in the engineering review components.

16 Technical Standards & Guidance Ecology Update Required Part of Rule Development (Reclaimed Water Rule) Health Update Required Part of the Grey Water Rule Development

17 Technical Standards and Guidance 1997 = Technical Standards Guidance completed. Developed joint by ECY and DOH Classifies reclaimed water into categories (A,B,C & D) Describes uses for each category Treatment levels take into consideration Public exposure Use To be classified - Must show a “beneficial use”

18 Technical Standards and Guidance Ecology is convening a Technical Advisory Panel (part of rule-making effort) Challenges: Balancing what goes into the WAC and what remains guidance. Keeping up with new technologies and uses Membrane technologies “Boutique” levels reclaimed water Determining the impacts of emerging research- Personal care products and pharmaceuticals

19 Water Rights Ecology Reclaimed Water Use Impairment Issues Mitigation Health

20 Water Rights Issues Several Pieces: RCW – Governor’s Directive (to Ecology) Western Water Law RCW : Shall not impair water rights (down stream) Unless compensation or mitigation agreed by the water right holder.

21 Water Rights Issues Ecology requires an Impairment Analysis Guidance document available Water Rights Program staff review analysis submitted. Analysis and results is sent out with the public notice of the permit Governor’s Directive Ecology convening a Water Rights Advisory Committee to focus on water rights issues related to reclaimed water.

22 Water Rights Issues Challenges Focus on the “intersection” of water rights impairment and mitigation issues and reclaimed water Water rights mitigation credits for reclaimed water use.

23 Barriers, Resources, & Planning 2007 Adds: Legislation (Barriers and Resource) Governor’s Directive to harmonize planning components with other statutes. Ecology forms a subtask force consisting of not more than ten members chosen from the existing rule advisory committee and reclaimed water users.

24 Barriers, Resources, & Planning 2007 Adds: Legislation (Barriers and Resource) Governor’s Directive to harmonize planning components with other statutes. Ecology forms a “subtask- force” consisting of not more than ten members chosen from the existing rule advisory committee and reclaimed water users.

25 Barriers, Resources, & Planning 2007 Adds: Legislation (Barriers and Resource) Governor’s Directive to harmonize planning components with other statutes. Ecology is convening a “subtask- force” consisting of not more than ten members chosen from the existing rule advisory committee and reclaimed water users.

26 Barriers, Resources, & Planning Removing Barriers Subtask Force provide recommendations on: Planning Issues Organizational Structure Barriers to reclaimed water use Resources and staffing

27 Agency Staff Resources & Structure Ecology Water Quality Program 4.5(P) FTEs = Program Development 2 FTEs = Project Implementation Water Resources 1.0 FTE Water Rights Issues (P)=Project Position Health Environmental Health Division Office of Shellfish and Water Protection 1 FTE= Program Development

28 Resources Issues: Difficult to predict the number of projects coming in the door. No “specific” reclaimed water fee. (Ecology) Fee often included with existing permit fees. (combined permits) Charging reclaimed fees may be a barrier to reclaimed water use.

29 Barriers Issues: Overcoming the YUK! Factor (public acceptance) Liability and Indemnity Environmental Law Institute Memorandum Incentives to encourage reclaimed water use. Environmental Law Institute report

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

31 Funding Ecology formed a Subtask Force of the Rule Advisory Committee Aug 2007-Nov 2007 Long Term Funding Task Force analyzed different funding options

32 Funding The five top options identified include: bottled water tax soft drink tax public utility tax increases public utility tax diversion away from the general fund sales tax exemptions (incentive) See the 2007 Legislative Report for more detail

33 Economic Analyses Key Statutes: Administrative Procedure Act (Ch RCW) Regulatory Fairness Act (Ch RCW) These Analyses must be available at the time Ecology files a CR-102: Cost Analysis Benefit Analysis Least-Burdensome Analysis Small Business Economic Impact Statement

34 Web Information Department of Ecology Reclaimed Water website: Department of Health Water Conserving On-site Treatment systems RS&G (Greywater) Publications website:

35 Contact Information Melissa McEachron Senior Rule and Policy Consultant Wastewater Management Program Department of Health

36