H-1095.1          _______________________________________________

                            SUBSTITUTE HOUSE BILL 1047

                  _______________________________________________

State of Washington              53rd Legislature             1993 Regular Session

By House Committee on Environmental Affairs (originally sponsored by Representatives Rust, Horn, Valle, Long, Springer, Brough, Forner, Miller, Edmondson, Lemmon, Tate, Chandler, Wood, Roland and J. Kohl)

Read first time 02/1/93. 

Requiring solid waste reports and landfill fee reciprocity on waste received from outside the state.

     AN ACT Relating to solid waste received from outside the state; adding a new section to chapter 70.95 RCW; and declaring an emergency.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 70.95 RCW to read as follows:

     (1) At least sixty days prior to receiving solid waste generated from outside of the state, a landfill or incineration permit holder or applicant shall report to the department the types and quantities of waste to be received from an out-of-state source.  The department shall develop guidelines for reporting this information.  The guidelines shall provide for less than sixty days' notice for shipments of waste made on a short-term or emergency basis.  The requirements of this subsection shall take effect upon completion of the guidelines.

     (2) Upon notice under subsection (1) of this section, the department shall identify all activities and costs necessary to ensure that solid waste generated out-of-state meets standards equivalent to those required of solid waste generated within the state.  The department may assess a fee on the out-of-state waste sufficient to recover the actual costs incurred in ensuring that the out-of-state waste meets equivalent state standards.  The department may delegate, to a local health department, authority to implement the activities identified by the department under this subsection.  All money received from fees imposed under this subsection shall be deposited into the solid waste management account created by RCW 70.95.800.

     (3) The department shall prohibit in-state land disposal and incineration of solid waste generated from outside of the state, unless the waste meets:  (a) Waste reduction and recycling requirements equivalent to those required under chapter 70.95 RCW; and (b) procurement requirements equivalent to those required under chapter 43.19A RCW.

     (4) Subsections (2) and (3) of this section shall not apply to contracts entered into on or before July 1, 1993.

     (5) The department may adopt rules to implement this section.

NEW SECTION. Sec. 2.  If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 3.  This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.

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