H-1031.2                  _______________________________________________

                                                      HOUSE BILL 1597

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State of Washington                              53rd Legislature                             1993 Regular Session

By Representatives Rust, Horn, Flemming and J. Kohl

Read first time 02/03/93.  Referred to Committee on Environmental Affairs.

Providing a private right of contribution under the model toxics control act.

          AN ACT Relating to correction of the model toxics control act to confirm the availability of a private right of action or right of contribution; adding a new section to chapter 70.105D 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 70.105D RCW to read as follows:

          Except as provided in RCW 70.105D.040(4)(d), a person may bring a private right of action, including a claim for contribution or for declaratory relief, against another person liable under RCW 70.105D.040 for the recovery of remedial action costs.  Natural resource damages paid to the state under this chapter may also be recovered in the action.  Recovery shall be based on such equitable factors as the court determines are appropriate and may include the prevailing party's reasonable attorneys' fees.  Recovery of remedial action costs shall be limited to those remedial actions that, when evaluated as a whole, are the substantial equivalent of a department-conducted or department-supervised remedial action.  Substantial equivalence shall be determined by the court with reference to the rules adopted by the department under this chapter.  An action under this section may be brought after remedial action costs are incurred but must be brought within three years from the date remedial action confirms cleanup standards are met or within one year of the effective date of this section, whichever is later.  The right of action created by this section is retroactive.

NEW SECTION. Sec. 2.  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.

NEW SECTION. Sec. 3.  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.

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