(1) A county, city, town, water-sewer district, or flood control zone district constructing, improving, operating, or maintaining stormwater control facilities under chapter 35.67, 35.92, 36.89, 36.94, 57.08, or 86.15 RCW that include stormwater retention ponds, also known as wet ponds, wet retention ponds, or wet extended detention ponds, as part of a stormwater control facility for which the primary function of the pond is to detain stormwater, must:

(a) Consider and to the extent possible consistent with department design guidelines, and without compromising the intended function of the stormwater retention pond, construct stormwater retention ponds to maintain and control vegetation to minimize mosquito propagation;

(b) Consult with the local mosquito control district, where established, in the development of construction plans that include stormwater retention ponds; and

(c) Provide for maintenance and control of vegetation growth in stormwater retention ponds to reduce mosquito habitat and inhibit mosquito propagation without compromising the intended function of a stormwater retention pond.

(2) A county, city, town, water-sewer district, or flood control zone district operating or maintaining stormwater control facilities must, except where mosquito control districts are established, when notified by the department of health or a local health jurisdiction of the positive identification of west nile virus or other mosquito-borne human disease viruses in mosquitoes, birds, or mammals, including humans, consult with the department of health or a mosquito control district concerning which integrated pest management strategies, as defined under chapter 17.15 RCW, for mosquito control or abatement in stormwater retention ponds would be most effective to prevent the spread of the disease.

(3) Where a mosquito control district is established, when notified by the department of health or a local health jurisdiction of the positive identification of west nile virus or other mosquito-borne human disease viruses in mosquitoes, birds, or mammals, including humans, the mosquito control district is responsible for mosquito control or abatement in stormwater retention ponds.