S-1543               _______________________________________________

                                                   SENATE BILL NO. 5575

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Senators Kreidler, Talmadge and Rinehart

Read first time 2/5/87 and referred to Committee on Parks & Ecology.

AN ACT Relating to disposal of material into Puget Sound; adding new sections to chapter 90.58 RCW; and declaring an emergency.

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

NEW SECTION. Sec. 1.     The legislature finds that the disposal of large volumes of material into Puget Sound waters may significantly and adversely impact water quality and associated marine life.  The federal government has imposed strict limits upon the disposal of material into the ocean, and it is necessary to ensure that the waters of Puget Sound do not become a primary disposal site for the disposal of material not qualifying for ocean disposal.  It is further the intent of sections 2 through 4 of this act that such disposal is consistent with all applicable provisions of the state shoreline management act, the state shoreline master program, and any applicable local master plan.

NEW SECTION. Sec. 2.     A person shall not dispose of any material in excess of three million cubic yards into the waters of Puget Sound as defined in RCW 90.70.005(4) without prior approval by the department.  No such approval shall be granted unless the department finds that such disposal is consistent with any applicable local master plan and the state master program under this chapter, with any other applicable state laws and rules, and that the material to be disposed does not exceed any criteria for the presence of contaminants in material of equal volume and character adopted under Public Law 92-532, as amended as of the effective date of this section, Title 33 U.S.C. Secs. 1401 through 1421.

NEW SECTION. Sec. 3.     Public lands of the state of Washington shall not be transferred where the intended use by the transferee shall be as a site for the disposal of materials in excess of three million cubic yards into the waters of Puget Sound, unless the transferee specifically consents to appropriate deed restrictions subjecting the transferee to the permit requirements of section 2 of this act.

NEW SECTION. Sec. 4.     Sections 2 and 3 of this act shall be in addition to any other laws relating to the disposal of material into the waters of Puget Sound.

NEW SECTION. Sec. 5.     Sections 1 through 4 of this act are each added to chapter 90.58 RCW.

NEW SECTION. Sec. 6.     This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.