H-1897.1                  _______________________________________________

                                             SUBSTITUTE HOUSE BILL 1816

                              _______________________________________________

State of Washington                              53rd Legislature                             1993 Regular Session

By House Committee on Environmental Affairs (originally sponsored by Representatives Chandler, Hansen, Rust, Schoesler, Rayburn and Bray)

Read first time 03/01/93.

Suspending incineration of hazardous waste if there is damage to land, crops, or livestock or if the public is endangered.

          AN ACT Relating to incinerators of hazardous wastes and hazardous substances; adding a new section to chapter 70.105 RCW; and adding a new section to chapter 43.21B RCW.

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

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

          The department of ecology shall order the operator of a hazardous waste incinerator to immediately suspend incineration of hazardous wastes and hazardous substances, if the department of ecology, in consultation with the department of agriculture, determines that the incinerator is causing damage to land, crops, or livestock, or is otherwise endangering the public health and safety and endangering the public food supply.  The department of ecology shall not approve further incineration at the facility until the department, in consultation with the department of agriculture, determines that the incinerator's emissions and discharges will not continue to contribute to the damage that resulted in the suspension.  The department of ecology shall consult with the department of agriculture before approving further incineration of hazardous wastes or hazardous substances at the facility.

NEW SECTION. Sec. 2.  A new section is added to chapter 43.21B RCW to read as follows:

          (1) The operator of a hazardous waste incinerator may appeal to the board an order issued by the department of ecology pursuant to section 1 of this act to suspend incineration of hazardous substances or hazardous wastes.  The department's order shall not be stayed during the board's review or during subsequent judicial review.

          (2) A person who may be affected by the operation of the facility may appeal to the board an order issued by the department allowing a hazardous waste incinerator facility to resume incineration of hazardous wastes or hazardous substances.

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.

                                                           --- END ---