AN ACT Relating to dangerous wastes; amending RCW 70.105.010 and 70.105.100; adding new sections to chapter 70.105 RCW; and making an appropriation.

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

Sec. 1. Section 1, chapter 101, Laws of 1975-'76 2nd ex. sess. and RCW 70.105.010 are each amended to read as follows:

The words and phrases defined in this section shall have the meanings indicated when used in this chapter unless the context clearly requires otherwise.

(1) "Department" means the department of ecology.

(2) "Director" means the director of the department of ecology or his designee.

(3) "Disposal site" means a geographical site in or upon which extremely hazardous wastes are disposed of in accordance with the provisions of this chapter.

(4) "Dispose or disposal" means the discarding or abandoning of extremely hazardous wastes or the treatment, decontamination, or recycling of such wastes once they have been discarded or abandoned.

(5) "Dangerous wastes" means any discarded, useless, unwanted, or abandoned nonradioactive substances, including but not limited to certain pesticides, or any residues or containers of such substances which are disposed of in such quantity or concentration as to pose a substantial present or potential hazard to human health, wildlife, or the environment because such wastes or constituents or combinations of such wastes:

(a) Have short-lived, toxic properties that may cause death, injury, or illness or have mutagenic, teratogenic, or carcinogenic properties; or

(b) Are corrosive, explosive, flammable, or may generate pressure through decomposition or other means.

(6) "Extremely hazardous waste" means any dangerous waste which

(a) will persist in a hazardous form for several years or more at a disposal site and which in its persistent form

(i) presents a significant environmental hazard and may be concentrated by living organisms through a food chain or may affect the genetic make-up of man or wildlife, and

(ii) is highly toxic to man or wildlife

(b) if disposed of at a disposal site in such quantities as would present an extreme hazard to man or the environment.

(7) "Nonregulated dangerous waste" means any waste that has all the characteristics of dangerous waste but is exempt from regulation as dangerous waste under this chapter solely because the waste is generated in quantities below the threshold for regulation.

(8) "Person" means any person, firm, association, county, public or municipal or private corporation, agency, or other entity whatsoever.

((~~(8)~~)) (9) "Pesticide" shall have the meaning of the term as defined in RCW 15.58.030 as now or hereafter amended.

((~~(9)~~)) (10) "Solid waste advisory committee" means the same advisory committee as per RCW 70.95.040 through 70.95.070.

Sec. 2. Section 10, chapter 101, Laws of 1975-'76 2nd ex. sess. and RCW 70.105.100 are each amended to read as follows:

The department in performing its duties under this chapter ((~~may~~)):

(1) May conduct studies and coordinate research programs pertaining to extremely hazardous waste management;

(2) May render technical assistance to generators of dangerous and extremely hazardous wastes and to state and local agencies in the planning and operation of hazardous waste programs;

(3) May encourage and provide technical assistance to waste generators to form and operate a "waste exchange" for the purpose of finding users for dangerous and extremely hazardous wastes that would otherwise be disposed of: PROVIDED, That such technical assistance shall not violate the confidentiality of manufacturing processes; ((~~and~~))

(4) May provide for appropriate surveillance and monitoring of extremely hazardous waste disposal practices in the state;

(5) Shall coordinate an inventory of businesses that generate nonregulated dangerous wastes and their facilities. The department shall supply local officials with the results of that portion of the inventory conducted in their area. The inventory shall include but not be limited to:

(a) The quantities and types of the wastes;

(b) The type of industries that are generating the wastes;

(d) Information currently available to generators regarding proper handling of the wastes.

(6) Shall conduct a program, in cooperation with local government, to educate generators of nonregulated dangerous waste. The program shall provide information regarding:

(a) The potential hazards to human health and the environment resulting from improper use and disposal of the waste; and

(b) Proper methods of handling, reducing, recycling, and disposing of the waste.

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

(1) It is the intent of the legislature that local government shall plan for nonregulated dangerous waste and shall coordinate with the private sector to assure availability of the services and facilities needed for proper management of such wastes. Furthermore, it is the goal of the legislature that the practice of disposing nonregulated dangerous waste in local solid waste landfills or in sewage systems should be strongly discouraged and eventually eliminated. Therefore, counties, cities, and towns shall develop plans, either jointly or separately, to manage nonregulated dangerous waste in a manner to ensure maximum protection of the environment and public health. Options considered in these plans shall include:

(a) Waste reduction opportunities;

(b) Collection routes in business areas;

(d) Separate and secure collection facilities at solid waste disposal facilities for temporary storage of such wastes;

(e) "Amnesty days" on which a person may dispose of nonregulated dangerous waste at a designated site; and

(f) Collection and disposal of nonregulated dangerous wastes generated by households.

(2) The plans developed under subsection (1) of this section shall also discuss public education and involvement programs.

(3) Each local government dangerous waste plan shall be submitted to the department for technical review and approval by June 1990. The department may, upon request, grant an extension of this deadline if it places an unreasonable burden on the county, city, or town.

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

After July 1, 1991, it is unlawful for any person to dispose of regulated or nonregulated dangerous waste at a solid waste landfill as defined under the solid waste management act, chapter 70.95 RCW, unless the facility is a dangerous waste facility in accordance with rules adopted under this chapter. The jurisdictional health department shall grant waivers to this requirement if the deadline for the plan required by section 3 of this act has been extended by the department.

NEW SECTION. Sec. 5. A new section is added to chapter 70.105 RCW to read as follows:

The department shall establish a toll-free telephone hotline to provide information on the proper handling of dangerous wastes, nonregulated dangerous wastes, and household dangerous wastes. The hotline shall also provide information regarding community access to records of dangerous waste handlers, as provided by the public disclosure act, chapter 42.17 RCW.

NEW SECTION. Sec. 6. There is appropriated from the state general fund to the department of ecology for the biennium ending June 30, 1987, the sum of one hundred fifty thousand dollars, or so much thereof as may be necessary, to implement the provisions of this act. One hundred thousand dollars of this appropriation is contingent on the department of ecology obtaining an equal amount of matching funds.