1690-S

AN ACT Relating to implementing the state hazardous waste management plan; amending RCW 70.105.150 and 70.105.215; and adding new sections to chapter 70.105 RCW.

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

Sec. 1. RCW 70.105.150 and 1983 1st ex.s. c 70 s 1 are each amended to read as follows:

The legislature hereby declares that:

(1) The health and welfare of the people of the state depend on clean and pure environmental resources unaffected by hazardous waste contamination. Management and regulation of hazardous waste disposal should encourage practices which result in the least amount of waste being produced. Towards that end, the legislature finds that the following priorities in the management of hazardous waste are necessary and should be followed in order of descending priority as applicable:

(a) Waste reduction;

(b) Waste recycling;

(d) Physical, chemical, and biological treatment;

((~~(d)~~)) (e) Incineration;

((~~(e)~~)) (f) Solidification/stabilization treatment;

((~~(f)~~)) (g) Landfill.

(2) As used in this section:

(a) "Waste reduction" means reducing waste so that hazardous byproducts are not produced;

(b) "Waste recycling" means ((~~reusing waste~~)) materials ((~~and extracting valuable materials from a waste stream~~)) reuse, recovery, and reclamation;

(c) "Energy recovery" means burning a hazardous waste as an alternative fuel in order to recover heat content of the waste;

(d) "Physical, chemical, and biological treatment" means processing the waste to render it completely innocuous, produce a recyclable byproduct, reduce toxicity, or substantially reduce the volume of material requiring disposal;

((~~(d)~~)) (e) "Incineration" means reducing the volume or toxicity of wastes by use of an enclosed device using controlled flame combustion;

((~~(e)~~)) (f) "Solidification/stabilization treatment" means the use of encapsulation techniques to solidify wastes and make them less permeable or leachable; and

((~~(f)~~)) (g) "Landfill" means a disposal facility, or part of a facility, at which waste is placed in or on land and which is not a land treatment facility, surface impoundment, or injection well.

Sec. 2. RCW 70.105.215 and 1986 c 210 s 3 are each amended to read as follows:

(1) The legislature recognizes the need for new, modified, or expanded facilities to store, treat, incinerate, or otherwise process or dispose of hazardous ((~~substances~~)) wastes safely. In order to ((~~encourage~~)) plan for the development of such facilities, the department shall adopt rules as necessary regarding the sizing and permitting of such facilities to ensure the most expeditious permit processing possible consistent with the need for such facilities and the substantive requirements of applicable law.

(2) If owner((s)) and operator((s)) are not the same entity, the owner and operator shall be the permit applicant, sign the permit application, and be responsible for the development of the permit application and all accompanying materials((, as long as the owner also signs the application and certifies its ownership of the real property described in the application, and acknowledges its awareness of the contents of the application and receipt of a copy thereof)).

(3) The department may issue a draft permit for a new hazardous waste incinerator or landfill only if the department determines that the proposed facility is sized no larger than is necessary to meet current and future needed capacity of the region, as determined pursuant to this subsection. The department may impose conditions on or deny a permit application based on the results of this determination.

(a) Once adopted, the facility-specific needs assessment shall be based on criteria defined by rule and shall include, at a minimum, the present and projected demand on incineration or disposal capacity from hazardous waste generators within the northwest region, including Alaska, Idaho, Oregon, and Washington. The assessment shall be conducted following the receipt of a notice of intent by the applicant and shall review and be based upon all appropriate hazardous waste generation and projection information available, including resources from state waste management offices and the applicant. The assessment shall also take into account any existing permitted management capacity at similar facilities within the region. The department shall render a draft needs assessment within one hundred eighty days of receipt of a notice of intent for a permit application. The draft needs assessment shall be followed by public review and administrative processing by the department.

(b) For any notice of intent or application for a hazardous waste incinerator or landfill which has already been submitted to the department prior to rules adoption, the department shall use its most recent state hazardous waste needs assessment as part of the needs assessment consideration. The department shall follow all other criteria and procedures required by this subsection as part of its needs determination process. The department shall render a draft needs assessment within one hundred eighty days following the effective date of this act.

(4) The department shall review and update the needs assessment for all operating hazardous waste incinerator and land disposal facilities in the state on a five-year cycle. If the department's updated needs assessment determines that the existing or projected need for the facility has significantly changed from the previous assessment, the department may change the facility's permitted handling capacity to reflect the need for capacity identified in the updated needs assessment under the following circumstances:

(a) A change in the facility's permitted handling capacity may be accomplished without adversely affecting the facility's safe operation; and

(b) A reduction in the facility's permitted handling capacity will not make operation of the facility uneconomical.

(5) The department shall adopt rules as necessary to implement this section.

NEW SECTION. Sec. 3. A new section is added to chapter 70.105 RCW to read as follows:

(1) The department shall assess a reasonable service-based permit review fee upon any hazardous waste facility or applicant that requires a permit under RCW 70.105.215.

(2) The department by rule shall adopt a permit review fee schedule to compensate for all program costs associated with the development, review, issuance, or denial of a hazardous waste permit. The rule shall include a fee schedule development and review process that includes at least the following:

(a) The department shall conduct a biennial workload analysis. The department shall provide an opportunity for public review of and comment on the workload analysis. The department shall review and update the analysis during each biennial budget cycle, taking into account information gathered by tracking previous revenues, time, and expenditures and other information obtained through fiscal audits and performance audits; and

(b) The department shall develop a system for tracking revenues and expenditures.

(3) The fee for a hazardous waste permit applicant shall reflect only those costs associated with processing that applicant's permit. Program elements or activities for which service-based fees shall be assessed include:

(a) Direct and indirect staff salaries and expenses, and office costs;

(b) Permit administration costs, including preapplication assistance;

(d) Contractual support for the purpose of technical review;

(e) Permit approval or denial, permit issuance; and

(f) Oversight of activities associated with hazardous waste permits, hazardous waste permit modifications, closure and postclosure activities, and other permit activities related to hazardous waste facilities.

(4) All hazardous waste permit review fees shall be deposited in the hazardous waste permit account created by section 4 of this act. The department may withhold permit processing and/or issuance for nonpayment of permit review fees.

(5) The department may assess and collect fees prior to adoption of the permit review fee rule only to recover direct costs associated with consultant fees applicable to a hazardous waste permit's review and processing.

(6) Funds for rule-making expenses and the department's resources necessary to implement this section, prior to the initial collection of fees, shall come from the state toxics control account.

NEW SECTION. Sec. 4. A new section is added to chapter 70.105 RCW to read as follows:

The hazardous waste permit account is created in the custody of the state treasurer. All receipts from hazardous waste permit review fees established by section 3 of this act shall be deposited into the account. Expenditures from the account may be used only for processing and review of hazardous waste permits. Moneys in the account may only be spent after appropriation.