H-1622              _______________________________________________

                                                    HOUSE BILL NO. 679

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State of Washington                              49th Legislature                              1985 Regular Session

By Representatives Rust, Allen, Unsoeld and K. Wilson

Read first time 2/8/85 and referred to Committee on Environmental Affairs.

AN ACT Relating to underground storage tanks; adding new sections to chapter 90.48 RCW; and prescribing penalties.

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

NEW SECTION. Sec. 1.     (1) Except as provided in section 2 of this act, each person storing hazardous materials in concrete sumps, nonvaulted buried tanks, or other underground containers shall file with the department of ecology, on a form provided by the department, a hazardous substance storage statement not later than July 1, 1986, and each year on July 1 thereafter.  Civil liability for failure to file the initial statement shall not arise until January 1, 1987, as specified in subsection (5) of this section.

          (2) As used in this section, "hazardous material" means any material within the definition of RCW 70.136.020(1).

          (3) Each hazardous material storage statement shall include all of the following information:

          (a) The name and address of the person or firm owning the container described in subsection (1) of this section;

          (b) The address and location of the container, including the city and county;

          (c) The name and twenty-four hour phone number of the contact person in the event of an emergency involving the container;

          (d) If known, a description of the container, including type of construction, name of manufacturer, and age, if available;

          (e) A list of all of the hazardous materials stored in each container and the capacity of the container; and

          (f) A description of any method used to determine if the container leaks.

          (4) Each statement shall be accompanied by a fee of ten dollars per container, except that statements submitted for underground tanks located at retail motor vehicle fuel outlets shall be accompanied by five dollars per container, which shall be deposited in the underground container inventory account in the general fund, which account is hereby created, for use by the state board in administering this section.

          (5) Any person who fails to submit the hazardous material storage statement and the fee per container to the state board by January 1, 1987, shall be liable civilly in an amount of not less than five hundred dollars and not more than five thousand dollars per day for each day the statement has not been received.  Any person who submits false information to the department of ecology shall be liable civilly in an amount of not less than two thousand dollars and not more than twenty thousand dollars per day for each day the false information goes uncorrected.

          (6) The department of ecology shall compile the hazardous material storage statements by each city and county within which the container is located.  The compilations shall be transmitted to the appropriate regional boards, cities, and counties not later than January 1, 1987.

NEW SECTION. Sec. 2.     From January 1, 1986, to July 1, 1986, section 1 of this act shall not apply to underground farm storage tanks storing fuel.  The department of ecology shall obtain essential information on underground farm storage tanks from farmers by working cooperatively with fuel distributors, county extension offices, county agricultural commissioners, tax assessors, and other governmental agencies.  The addresses and information obtained under this section shall be confidential and may be disclosed by the department of ecology only when required by other governmental agencies exercising their authority with respect to underground storage tanks and for official proceedings of the department of ecology or other agencies.

          On July 1, 1987, the department of ecology and regional agencies may apply section 1 of this act to underground farm storage tanks, except that the statement prescribed in section 1 of this act shall not be required to be filed with the department of ecology prior to October 1, 1986, and no civil liability for failure to file the statement shall arise before January 1, 1987.

NEW SECTION. Sec. 3.     The department of ecology shall give first priority to enforcing compliance with sections 1 and 2 of this act in areas designated as sole source aquifers and in designated recharge zones for aquifers providing drinking water.

NEW SECTION. Sec. 4.     Sections 1 through 3 of this act are each added to chapter 90.48 RCW.