H-3447.1          _______________________________________________

                                  HOUSE BILL 2523

                  _______________________________________________

State of Washington              52nd Legislature             1992 Regular Session

By Representatives Hochstatter, Fuhrman, Chandler, Zellinsky, P. Johnson, Padden, Moyer, Ludwig, Casada, Riley, Mielke, Broback, Forner, Lisk, Sheldon, Ballard, Rayburn, Ferguson, D. Sommers, Paris, Bowman, Wood and Mitchell

Read first time 01/20/92.  Referred to Committee on Environmental Affairs.Creating a three-year statute of repose for persons who clean up hazardous substance spills.

     AN ACT Relating to a person potentially liable for a hazardous substance release; and adding a new section to chapter 70.105D RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 70.105D RCW to read as follows:

     If a potentially liable person has completely complied with the department's remedial order under RCW 70.105D.050, or with a settlement in the form of a consent decree under RCW 70.105D.040, or both, and the department has not discovered further harm from the hazardous substance release for three years from the date of final compliance, the potentially liable person may not be held further liable for harm from the release.  Prior to the expiration of the three-year period, the department may request that the potentially liable person provide monitoring and investigation to determine that the site poses an acceptable or no potential for harm due to the release of hazardous substances.

     A release made by the potentially liable person at the same or another site after the expiration of the three-year period is a new violation of this chapter.