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                                ENGROSSED SUBSTITUTE SENATE BILL NO. 5570

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State of Washington                              50th Legislature                              1987 Regular Session

By Senate Committee on Parks & Ecology (originally sponsored by Senators Kreidler, Bluechel, Bottiger and Stratton)

Read first time 2/13/87.

AN ACT Relating to disposal of incinerator ash residues; adding new sections to chapter 70.95 RCW; adding a new section to chapter 70.105 RCW; and creating a new section.

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

NEW SECTION. Sec. 1.     The legislature recognizes that raw garbage poses significant environmental and public health risks.  The legislature has recognized that mixed municipal solid waste incineration constitutes a higher waste management priority than the land disposal of untreated mixed municipal solid waste due to its reduction of waste volumes and environmental health risks.  The legislature further recognizes that incineration serves as an intermediate technology to further enable implementation of the other higher management priorities of waste reduction and recycling.

NEW SECTION. Sec. 2.  A new section is added to chapter 70.95 RCW to read as follows:

          Ash residues resulting from the operation of incinerator facilities handling mixed municipal solid waste, including solid waste from residential, commercial, and selected industrial establishments which would otherwise be regulated as a hazardous waste under chapter 70.105 RCW, shall be regulated by the department of ecology pursuant to the provisions of this section as a "special waste" and shall not constitute a "dangerous waste" or "extremely hazardous waste" as set forth in chapter 70.105 RCW.

NEW SECTION. Sec. 3.  A new section is added to chapter 70.95 RCW to read as follows:

          (1) Prior to disposal of "special wastes," owners and/or operators of mixed municipal solid waste incinerator facilities must develop and implement plans for managing the special wastes.  These plans shall:

          (a) Set forth procedures for the protection of public health, the environment, and employee safety, for all aspects relating to the management of the special wastes;

          (b) Require submittal to the department of ecology of annual reports setting forth the results of a testing program to monitor the toxic chemical and physical properties of the special wastes or treated special wastes as necessary to ensure the adequacy of the procedures set forth in the plans submitted pursuant to this section; and

          (c) Comply with such requirements as may be established by rule by the department of ecology under chapter 70.95 RCW for management of special wastes.

          (2) Prior to disposal of any special waste, each plan developed pursuant to subsection (1) of this section shall be submitted to the department of ecology for review and approval.  Such approval shall be contingent upon the department of ecology finding that the plan adequately addresses the items specified under subsection (1) of this section.  Such approval may be conditioned upon additional requirements necessary to protect human health and the environment, including, but not limited to, special handling requirements, waste segregation or other potential treatment techniques such as neutralization, detoxification, or solidification/stabilization.

          (3) The department shall take action to approve, reject, or approve with conditions, the plan submitted pursuant to subsection (1) of this section.  Such actions shall occur within ninety days of submittal of the plan by the owner or operator and failure of the department to so act shall constitute approval.  The owner or operator may appeal any denial of approval, or conditions placed upon approval, to the pollution control hearings board pursuant to the provisions of chapter 43.21B RCW, except that such appeal shall be expedited by the board to the maximum extent possible.

          (4) Each plan approved pursuant to subsection (3) of this section shall be incorporated into the permit issued under chapter 70.95 RCW for the solid waste facility or facilities that manage the special waste.

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

          This chapter does not apply to special wastes regulated under chapter 70.95 RCW:  PROVIDED, That nothing herein shall affect the department's authorities pursuant to this chapter to implement and enforce the federal resource conservation and recovery act, 42 U.S.C. Sec. 6901 et seq., if such "special wastes" constitute hazardous waste pursuant to the terms of that federal act.