Z-1158               _______________________________________________

                                                   HOUSE BILL NO. 1722

                        _______________________________________________

State of Washington                              49th Legislature                              1986 Regular Session

By Representatives Lux and Jacobsen

Read first time 1/22/86 and referred to Committee on Environmental Affairs.

AN ACT Relating to the Washington clean air act; and adding new sections to chapter 70.94 RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 70.94 RCW to read as follows:

          (1) No person who owns or operates or is responsible for the operation of an air contaminant source, except single family or duplex dwellings and motor vehicles, may operate the air contaminant source without obtaining a permit from the department of ecology or appropriate board of an activated authority.

          (2) The department of ecology or the board of any activated authority may require the submission of plans, specifications, and such other information as it deems necessary in order to determine if the operation of the source will be in accordance with this chapter and the applicable ordinances, resolutions, rules, and regulations adopted pursuant thereto.

          (3) If on the basis of plans, specifications, or other information required pursuant to this section, the department of ecology or the board of any activated authority determines that the operation of the air contaminant source will be in accordance with this chapter and the applicable ordinances, resolutions, rules, and regulations adopted pursuant thereto, it shall issue the operating permit, and may provide therein such conditions of operation and maintenance, monitoring, and emission limitations, as are reasonably necessary to assure the maintenance of continuous compliance with this chapter and the applicable ordinances, resolutions, rules, and regulations adopted pursuant thereto.  The permit may be issued for a specified period of time.

          (4) The department of ecology or the board of any activated authority may require the application for a permit to be accompanied by a fee and shall determine the amount of the fee.  The proceeds from these operating permit fees shall not exceed the costs of administering the operating permit program, which may include periodic engineering review, maintenance plan review, routine inspection, and registration of such sources pursuant to issuing and reviewing operating permits.  When operating permits incorporate registration program data under RCW 70.94.151(2), the operating permit fee shall cover source registration and no additional registration fee may be assessed.  The fee shall be periodically renewable and may vary according to the nature of the source.

          (5) Nothing in this section exempts any person from the requirements of RCW 70.94.152.

NEW SECTION. Sec. 2.  A new section is added to chapter 70.94 RCW to read as follows:

          The department of ecology or activated authority may require, as a condition of the permit or by order, any owner or operator of an air contaminant source to submit plans for protecting public health in the case of an emergency or accidental release of harmful air contaminants.