S-1258.1                   _______________________________________________

                                                     SENATE BILL 5633

                              _______________________________________________

State of Washington                              53rd Legislature                             1993 Regular Session

By Senators Owen, Amondson, Prentice, Barr, Haugen, Erwin, Hargrove and Winsley

Read first time 02/05/93.  Referred to Committee on Ecology & Parks.

Prohibiting the discharge of substances without property owners' consent.

          AN ACT Relating to natural resource damage to land and water; adding a new section to chapter 90.48 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 90.48 RCW to read as follows:

          (1) No state or local government agency may issue a permit, license, or other authority under this chapter for the discharge or deposit of hazardous waste or pollution onto property not owned by the permittee or licensee without the express written consent of the owner of the property.

          (2) State and local government agencies are liable under chapter 70.105D RCW for all cleanup costs and for all legal costs for any damage that they caused or permitted.

          (3) For purposes of this section, "hazardous waste or pollution" means any substance that could give rise to liability for cleanup under chapter 70.105D RCW or 42 U.S.C. Secs. 9601 through 9675.

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.

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