The legislature finds that Puget Sound has been degraded by recent and repeated sewage spills from publicly owned domestic wastewater treatment plants. Pollution of this magnitude and frequency conflicts with the policy of chapter 90.48 RCW, including the policy of the state of Washington to maintain the highest possible standards to ensure the purity of Puget Sound consistent with public health and public enjoyment, and the propagation and protection of wildlife, birds, game, fish, and other aquatic life. The legislature further finds that the department has identified publicly owned domestic wastewater treatment plants as a significant source of excess nutrients, such as nitrogen, which contributes to low oxygen levels in Puget Sound. However, the legislature concludes that the department of ecology's Puget Sound nutrient general permit, which became effective on January 1, 2022, will not sufficiently protect Puget Sound from pollution caused by publicly owned domestic wastewater treatment plants that discharge into Washington waters of the Salish Sea.
By January 1, 2023, the department of ecology shall revise the following elements of the Puget Sound nutrient general permit to substantially strengthen protection against pollution from publicly owned wastewater treatment plants covered by the permit:
Facility specific and bubbled action levels;
Nitrogen optimization plans;
Reporting and recordkeeping requirements;
Corrective actions;
Nutrient reduction evaluations including, but not limited to, environmental justice reviews;
Monitoring and sampling requirements;
Noncompliance notification requirements;
Penalties; and
Any other similar or related elements as determined by the department of ecology.
The department of ecology shall submit a report with the intended revisions to the elements of the Puget Sound nutrient general permit listed under subsection (1) of this section to the appropriate committees of the legislature by December 1, 2022.