_______________________________________________
SUBSTITUTE HOUSE BILL NO. 69
_______________________________________________
C 436 L 85
State of Washington 49th Legislature 1985 Regular Session
By House Committee on Environmental Affairs (originally sponsored by Representatives Rust, Allen, Valle, Brekke, R. King, Lux, Unsoeld, D. Nelson and Isaacson)
Read first time 2/11/85 and passed to Committee on Rules.
AN ACT Relating to solid waste management; amending RCW 81.77.100; and adding a new section to chapter 70.95 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 70.95 RCW to read as follows:
(1) By July 1, 1987, each holder or applicant of a permit for a landfill disposal facility issued under this chapter shall establish a reserve account to cover the costs of closing the facility in accordance with state and federal regulations. The account shall be designed to ensure that there will be adequate revenue available by the projected date of closure. Landfill disposal facilities maintained on private property for the sole use of the entity owning the site shall not be required to establish a reserve account if, to the satisfaction of the department, they provide another form of financial assurance adequate to comply with the requirements of this section.
(2) By July 1, 1986, the department shall adopt rules under chapter 34.04 RCW to implement subsection (1) of this section. The rules shall include but not be limited to:
(a) Methods to estimate closure costs, including postclosure monitoring, pollution prevention measures, and any other procedures required under state and federal regulations;
(b) Methods to ensure that reserve accounts receive adequate funds, including:
(i) Requirements that the reserve account be generated by user fees. However, the department may waive this requirement for existing landfills if user fees would be prohibitively high;
(ii) Requirements that moneys be placed in the reserve account on a regular basis and that the reserve account be kept separate from all other accounts; and
(iii) Procedures for the department to verify that adequate sums are deposited in the reserve account; and
(c) Methods to ensure that other types of financial assurance provided in accordance with subsection (1) of this section are adequate to cover the costs of closing the facility.
Sec. 2. Section 11, chapter 295, Laws of 1961 and RCW 81.77.100 are each amended to read as follows:
Neither this chapter nor any provision thereof shall apply, or be construed to apply, to commerce with foreign nations or commerce among the several states except insofar as the same may be permitted under the provisions of the Constitution of the United States and the acts of congress.
However, in order to protect public health and safety and to ensure garbage and refuse collection services are provided to all areas of the state, the commission, in accordance with this chapter, shall regulate all garbage or refuse collection companies conducting business in the state.