S-3426               _______________________________________________

 

                                                   SENATE BILL NO. 4663

                        _______________________________________________

 

State of Washington                              49th Legislature                              1986 Regular Session

 

By Senators Williams, Saling, McManus, Bailey, Granlund, Goltz, Halsan, McCaslin, Garrett, Gaspard, Bauer, Bender, Vognild and Talmadge

 

 

Read first time 1/20/86 and referred to Committee on Energy & Utilities.

 

 


AN ACT Relating to radioactive materials; adding a new chapter to Title 70 RCW; and prescribing penalties.

 

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

 

          NEW SECTION.  Sec. 1.     The definitions in this section apply throughout this chapter.

          (1) "Agency" means the state radiation control agency as defined in chapter 70.98 RCW.

          (2) "Carrier" means and includes common, private, and contract carriers.

          (3) "Person" means an individual, partnership, joint venture, private or public corporation, association, firm, public service company, political subdivision, municipal corporation, government agency, public utility district, or any other entity, public or private, however organized.

          (4) "Radioactive material" means any of the materials, including radioactive waste, defined as radioactive materials by federal department of transportation regulations as found in 49 C.F.R. Sec. 173.

          (5) "Radioactive waste" means radioactive waste and nuclear waste, including spent nuclear fuel, as defined by agency rules.

          (6) "Secretary" means the secretary of social and health services.

          (7) "Transportation" means the transport within the borders of the state of radioactive material destined for or derived from any location, and any loading, unloading, or storage incident to such transport, but does not include permanent storage or disposal of the material.

 

          NEW SECTION.  Sec. 2.     (1) No person may ship or transport the following without first obtaining a permit from the agency:

          (a) Radioactive waste; or

          (b) Any other radioactive material designated by rule by the secretary, except radioactive material transported to or from hospitals or other medical facilities.

!ixThe permit shall be available for examination and shall be displayed in accordance with rules adopted by the agency.

          (2) Applications for a permit under this section shall be made in a form and manner prescribed by rule by the secretary.  The application shall include:

          (a) A description of the kind and, to the extent feasible, quantity and radioactivity of the waste or material to be transported;

          (b) A description of the mode of transportation and, to the extent feasible, the route or routes to be taken and the schedule;

          (c) A description of all violations by the applicant of local, state, or federal regulations within the past year related to transportation;

          (d) Proof of liability insurance as required by the federal department of transportation pursuant to 49 C.F.R. Sec. 387 and state law or rules;

          (e) Certification that transportation of the radioactive waste or material will comply with all pertinent federal and state requirements, including but not limited to 49 C.F.R. Sec. 177.825 and 49 C.F.R. Secs. 390 through 397 to the extent those provisions are applicable; and

          (f) Any other information required by the secretary to evaluate the application.

          (3) The secretary shall collect a fee from all applicants for permits under this section in an amount determined by rule by the secretary.  Moneys collected from this fee may be used for the following:

          (a) The costs of performing the duties of the agency under this chapter;

          (b) The cost of state patrol enforcement of compliance for all carriers of radioactive waste and other radioactive materials, as designated by the secretary, under this chapter and chapter 46.48 RCW and rules adopted pursuant thereto;

          (c) Expenses incurred by the state and local governmental units in responding to any radioactive material transportation accidents; and

          (d) Costs for the training of local officials to respond to radioactive materials transportation accidents.

          Twenty-five percent of the money collected under this section shall be dedicated to costs incurred by the state patrol under subsection (3)(b) of this section.

          (4) The secretary shall issue a permit only if the application demonstrates that the proposed transportation complies with this chapter and all other applicable state and federal statutes and rules.

          Permits issued under this section may be subject to any reasonable conditions imposed by the secretary and shall be effective for such period as determined by the secretary.

          (5) The secretary is authorized to suspend or revoke any permit if it is determined that any provision of the permit requirements have been violated or if the driver, owner, lessee, or custodian of a permitted vehicle has been convicted of two or more violations of this chapter within a calendar year of any combination of statutes or rules relating to radioactive materials.  If the secretary has reasonable cause to believe that there exists any immediate danger to the public health, safety, welfare, or environment, the secretary may issue an emergency order suspending any permit granted under this chapter for a reasonable period not to exceed fourteen days.

          (6) All money collected under this section shall be deposited in the radioactive materials enforcement and emergency response fund in the custody of the state treasurer.  Moneys in the fund may be spent only for the purposes enumerated in subsection (3) of this section.  Disbursements from the fund shall be on authorization of the secretary or the secretary's designee.  The fund is subject to the allotment procedure provided under chapter 43.88 RCW, but no appropriation is required for disbursements.

 

          NEW SECTION.  Sec. 3.     (1) Interested state agencies and local government agencies in whose jurisdiction the route or routes of proposed shipments may be located may request from the secretary information contained in the permits about proposed shipments.

          (2) The secretary may place reasonable conditions on the permit based on comments received from the agencies notified under subsection (1) of this section.

 

          NEW SECTION.  Sec. 4.     (1) The agency shall be the agency in the state primarily responsible for responding to all accidents and incidents involving radioactive materials.  All actions taken by the agency shall be consistent with the comprehensive emergency management plan adopted by the department of emergency management.

          (2) The secretary shall:

          (a) Apply for federal funds as available to train, equip, and maintain an appropriate response capability at the state and local level; and

          (b) Request all available training and planning materials.

          (3) This section shall not be construed to amend or alter the responsibility of the Washington state patrol or other designated incident command agency to provide immediate response to accidents or incidents involving the transportation of radioactive materials pursuant to chapter 70.136 RCW.

 

          NEW SECTION.  Sec. 5.     (1) A person obtaining a permit under section 2 of this act shall establish and maintain records, make any reports, and provide any information as the secretary may by rule require to assure compliance with the conditions of the permit or other state or federal statutes or rules affecting the transportation of radioactive waste or other radioactive materials designated by rule by the secretary and submit the reports and make the records and information available at the request of the secretary or the secretary's designee.

          (2) The secretary may authorize any employee or agent of the secretary to enter upon, inspect, and examine, at reasonable times and in a reasonable manner for the purpose of administration or enforcement of this chapter and the rules adopted thereunder, the records and property of persons within this state who have applied for permits under section 2 of this act.

 

          NEW SECTION.  Sec. 6.     All motor carriers of radioactive waste  entering the state are required to enter the state through one of only two allowable ports of entry.  These ports of entry are located on Interstate 90 approximately one-half mile west of the Idaho state line, in Spokane county, and on Washington state route number 14 approximately one mile north of the Oregon state line, in Benton county.  The state patrol may, on application, authorize the use of other ports of entry under such circumstances as it deems fit.

 

          NEW SECTION.  Sec. 7.     All motor carriers of radioactive waste and other radioactive materials designated by the secretary within the state shall submit to a comprehensive safety and permit inspection conducted by members of the Washington state patrol.  The inspection shall insure compliance with this chapter and all applicable state and federal statutes and regulations.

 

          NEW SECTION.  Sec. 8.     No interstate motor carrier of radioactive waste may enter the Hanford radioactive waste disposal site without displaying a certificate of inspection form issued by a member of the Washington state patrol for that particular load.  The chief of the Washington state patrol shall prepare and furnish such certificate of inspection forms and any other forms deemed necessary to assure compliance.

 

          NEW SECTION.  Sec. 9.     Intrastate motor carriers of radioactive waste and all carriers of radioactive materials designated by rule by the secretary shall contact the Washington state patrol and submit to an inspection on a quarterly basis.  Upon being contacted by a carrier, the Washington state patrol shall conduct a thorough equipment inspection of the carrier at a designated location.  Upon completion of the inspection, the carrier may be issued an inspection sticker that will be valid for ninety days.  A current and valid inspection sticker and permit issued under this chapter are required for entry into the Hanford radioactive waste disposal site.

 

          NEW SECTION.  Sec. 10.    Officers of the Washington state patrol have the authority to immobilize, impound, or otherwise direct the disposition of motor vehicles transporting radioactive materials if the officer determines that the motor vehicle or the operation thereof is unsafe and if the immobilization, impoundment, or disposition is otherwise appropriate under rules adopted by the state patrol.

 

          NEW SECTION.  Sec. 11.    The state patrol may adopt rules to establish reasonable standards for the designation, operation, and use of areas for the parking of disabled or impounded motor vehicles transporting radioactive materials.  The designation of these areas shall be made with the concurrence of the local fire department or the fire protection district in which the proposed safe haven is located.  If there is no local fire department or fire protection district, the designation shall be made with the concurrence of the county sheriff.

 

          NEW SECTION.  Sec. 12.    The secretary, the attorney general, or any appropriate prosecuting attorney may commence and prosecute in superior court a civil enforcement action against a person who is alleged to have violated this chapter or any permit, standard, regulation, condition, or requirement which has become effective pursuant to this chapter.  Such actions may be for appropriate relief or remedies specified in this chapter or any other applicable law.  The secretary is not required to initiate or prosecute an administrative action before commencing and prosecuting a civil action.

 

          NEW SECTION.  Sec. 13.    The secretary, the attorney general, or any appropriate prosecuting attorney, for the purposes contemplated by this chapter, upon probable cause to believe that a violation of this chapter has occurred, may apply to the superior court for the county in which the violation is believed to have occurred for a subpoena to compel the attendance of witnesses and to compel the production of pertinent books, payrolls, accounts, papers, records, documents, and testimony.  The court shall issue a subpoena upon a finding of probable cause and shall enforce refusals to testify or to produce subpoenaed items with contempt sanctions.  Subpoenas shall be served and witness fees and mileage paid as allowed in civil cases in the superior courts of this state.

 

          NEW SECTION.  Sec. 14.    The remedies specified in this section are cumulative and nonexclusive.

          (1)(a) A person who makes a false statement or representation in any application, label, manifest, record, report, permit, or other document filed, maintained, or used for the purpose of complying with this chapter is liable for a civil penalty not less than three hundred dollars, not to exceed ten thousand dollars, for each separate violation.

          (b) A person who violates this chapter or any permit, standard, rule, condition, or requirement issued or promulgated pursuant to this chapter is liable for a civil penalty not less than three hundred dollars, not to exceed ten thousand dollars, for each separate violation.

          (2) A person who violates this chapter or any permit, standard, rule, condition, or requirement issued or promulgated pursuant to this chapter may be assessed for:

          (a) The state's costs for any nonroutine investigations, inspections, monitoring, or surveys that lead to evidence of the violation;

          (b) The state's costs, including the reasonable value of attorneys' services, for preparing and litigating the case; and

          (c) The state's cost for impounding, storing, and disposing of contaminated property.

          (3) Moneys recovered under subsections (1) and (2) of this section shall be paid into the radioactive materials enforcement and emergency response fund created under section 3 of this act.

          (4) A person who violates this chapter or any permit, standard, rule, or requirement issued or promulgated pursuant to this chapter is subject to injunctive or other relief deemed appropriate.  Upon a showing to the court that a violation is causing an imminent hazard to the public health, the public safety, or the environment, the agency need not allege or prove at any stage of the proceeding that long-term irreparable damage will occur if the injunction or order is not issued or that the remedy at law is inadequate.

          (5) No cause of action shall accrue against the state of Washington or any of its political subdivisions or any agency thereof based on negligence in a performance of any of the duties or responsibilities imposed under this chapter.

 

          NEW SECTION.  Sec. 15.    (1) A person who knowingly makes a false statement or representation in a permit application under section 2 of this act is guilty of a gross misdemeanor and is subject to a fine of not more than five thousand dollars or imprisonment not to exceed one year, or both, for each violation.

          (2) A person who knowingly violates any permit issued under section 2 of this act is guilty of a gross misdemeanor and is subject to a fine of not more than five thousand dollars or imprisonment not to exceed one year, or both, for each violation.

          (3) A person convicted of a second offense under this chapter within a period of five years is guilty of a class C felony punishable under chapter 9A.20 RCW.

          (4) A criminal action under this section may be commenced and prosecuted by the attorney general.  The secretary is not required to initiate or prosecute an administrative or civil action before the attorney general may commence and prosecute a criminal action under this section.

 

          NEW SECTION.  Sec. 16.    (1) Except as provided in subsection (2) of this section, a person who has suffered actual damages from an alleged violation of a permit, standard, rule, condition, requirement, or order that has become effective pursuant to this chapter, may commence a civil action on that person's own behalf against the person alleged to have committed the violation.  A person commencing an action under this section shall file a bond or equivalent security in an amount not less than one thousand dollars.

          (2) No action may be commenced under subsection (1) of this section if the secretary, the attorney general, or a prosecuting attorney has commenced and is diligently prosecuting an administrative, civil, or criminal action to require compliance with the law.  Further, no action may be commenced under subsection (1) of this section unless the plaintiff has given the agency sixty days' notice and substantial evidence of the violation on which the citizen's action is based.  However, if the secretary, the attorney general, or a prosecuting attorney commences an action in a court of the state, an interested person may intervene as provided in the superior court civil rules of procedure.

          (3) In an action under this section, the secretary, the attorney general, or a prosecuting attorney may intervene as a matter of right.

          (4) When issuing any final order in an action brought under this section, the court may award costs of litigation, including reasonable attorney and expert witness fees, to a prevailing party if the court determines such an award is appropriate, except that the state shall not be required to pay such costs in a citizen suit in which the state has become a party.

          (5) This section does not restrict any right which a person or class of persons may have under any other statute or the common law.

 

          NEW SECTION.  Sec. 17.    The secretary shall prepare and submit to the legislature and governor on January 1 of each year a comprehensive report on the transportation of radioactive materials in this state and provide an evaluation of the adequacy of the agency's emergency response capability to any accidents involving radioactive materials.  The report shall include but need not be limited to:

          (1) A brief description and compilation of any accidents and casualties or incidents in the state involving the transportation of radioactive waste or other radioactive materials as designated by the secretary;

          (2) Other statistical data regarding the shipment of radioactive materials;

          (3) A summary of outstanding problems confronting the agency in administering this chapter; and

          (4) Such recommendations for additional legislation as the secretary considers necessary or appropriate.

 

          NEW SECTION.  Sec. 18.    The secretary may establish a committee of state and local officials and interested citizens to advise the secretary on issues relating to the transportation of radioactive materials.

 

          NEW SECTION.  Sec. 19.    All requirements imposed by this chapter must be consistent with all applicable federal statutes, the rules of the federal department of transportation and the nuclear regulatory commission, and any other applicable rules promulgated by a federal agency or department.

 

          NEW SECTION.  Sec. 20.    This chapter is not intended to affect any state law in effect on the effective date of this act or intrude upon the duties and responsibilities of any state officer with respect to matters related to this chapter, but in the case of any conflict relating to the transportation of radioactive materials, this chapter shall control.

 

          NEW SECTION.  Sec. 21.    If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter or the application of the provision to other persons or circumstances is not affected.

 

          NEW SECTION.  Sec. 22.    Sections 1 through 21 of this act shall constitute a new chapter in Title 70 RCW.