| Momentum Bucket | Early Stage |
| Legal Title | AN ACT Relating to establishing a presumption of compliance for entities covered under the state's industrial stormwater general permit under certain circumstances; |
| Bill Description | Establishing a presumption of compliance for entities covered under the state’s industrial stormwater general permit under certain circumstances. |
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What this bill does
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The bill adds a new section to chapter 90.48 RCW and establishes a presumption that holders of the industrial stormwater general permit are in compliance with water quality standards unless discharge monitoring or credible site-specific information demonstrates the discharge causes or contributes to a standards violation. That presumption applies only when the permittee is in full compliance with all permit conditions (planning, sampling, monitoring, reporting, recordkeeping, and deadlines) and is fully implementing stormwater best management practices in department-approved technical manuals or demonstrably equivalent practices. A permittee must notify the Department of Ecology in writing within 30 days after becoming aware, based on credible site-specific information, that a discharge caused or contributed to a potential violation; one written notification can satisfy this requirement for ongoing or continuing discharges. The department must notify a permittee in writing if additional actions are required, and the presumption resumes after specific corrective action consistent with the permit and applicable deadlines, unless the issue is addressed by a TMDL, enforceable cleanup plan, or other permit requirements.
The bill also suspends the requirement for stormwater sampling at transportation facilities until the Department of Ecology determines sampling can be done without endangering the health and safety of sampling personnel, directs the department to consider safety and to modify sampling requirements as appropriate, and prohibits requiring stormwater sampling while a waiver authorized under the industrial stormwater general permit is under department consideration or appeal. The act is declared an emergency and takes effect immediately upon enactment.
This is a procedural and regulatory change to the industrial stormwater permitting regime: it creates a presumption of compliance for permittees meeting permit conditions, imposes a 30-day written notification requirement tied to credible site-specific information, and changes monitoring and sampling procedures for certain facilities. It does not create a new crime or specify new criminal penalties.
Missing from the extracted text are the exact RCW subsection assigned to the new section, definitions or criteria for "credible site-specific information," the specific text of the industrial stormwater general permit and department-approved technical manuals, the department's standards or procedures for evaluating waivers and appeals, and detailed interactions with third-party enforcement or implementation guidance. The bill was read for the first time on 02/10/25 and referred to the Committee on Environment, Energy & Technology; bill identifiers include S-1276.1 and Senate Bill 5712, 69th Legislature, 2025 Regular Session.
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Why it matters
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If enacted, industrial facilities that fully follow their stormwater permit terms and approved best practices will generally be treated as meeting water quality standards unless monitoring or credible site-specific evidence shows otherwise. That will likely reduce near-term enforcement risk and sampling costs for compliant permit holders, while creating a new 30-day duty to alert Ecology if they learn a discharge may have caused a problem; the law takes effect immediately on enactment.
The Department of Ecology will need to process permittee notifications, decide when to require corrective actions, and manage a pause on sampling at transportation facilities until it determines sampling can be done safely, which lowers immediate safety risks and sampling costs for transportation operators and their staff but also reduces the routine data available to show problems. Key details are missing, including what counts as “credible site-specific information,” how waiver and appeal decisions will be evaluated, and how third-party enforcement will interact with the new presumption.
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| Official Documents | View Full Bill Text |
| Date Introduced | 02/10/2025 |
| Originating Chamber | Senate |
| Biennium | 2025-26 |
| Total Campaign Dollars Backing Bill | $1,874,711.25 |
| WATER AND WATER RIGHTS |