AN ACT Relating to hazardous waste planning; creating new sections; making an appropriation; and declaring an emergency.

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

NEW SECTION. Sec. 1. The legislature finds that the proper handling and disposal of hazardous waste in the state is of paramount importance and necessary to (1) prevent creation of new contaminated hazardous waste sites and to afford the greatest protection to the citizens of the state, and (2) manage wastes in accordance with state priorities established in chapter 70.105 RCW. The legislature further finds that in order to continue receiving federal moneys for cleanup of the state's worst contaminated sites it is in the state's best interest to begin addressing the need for additional capacity for the disposal, treatment, recycling, reduction, and incineration of hazardous wastes in the state. The legislature recognizes that the federal government has given states until October 17, 1989, to develop adequate capacity to handle hazardous waste generated in the state in the next twenty years or risk losing entitlement to federal superfund moneys which would burden the state with enormous cleanup and cleanup administration costs. The legislature further recognizes that additional hazardous wastes will be created in coming years because of an accelerated federal superfund program, a growing state hazardous waste site cleanup effort and recent changes in federal law. In the interest of insuring that federal funds will not be lost and hazardous waste is disposed of in the safest and most environmentally appropriate way, the legislature finds it necessary for the department of ecology to begin addressing the future hazardous waste disposal needs.

NEW SECTION. Sec. 2. The department of ecology shall identify methods of providing needed hazardous waste capacity. In conducting this task, the agency shall:

(1) Identify the feasibility of disposing of those wastes generated in the state including consideration of types of wastes generated, disposal methods allowed by law, priorities set forth in chapter 70.105 RCW, and the total cost of disposal of Washington wastes;

(2) Identify opportunities to enter into compacts or agreements with other states to handle hazardous waste generated in Washington;

(3) Assess the resources and statutory authority needed to enter into agreements with private contractors to develop hazardous waste management facilities on private and public land;

(4) Identify strategies to expedite permitting of facilities determined to be needed in the state;

(5) Investigate methods used by other states and countries to address hazardous waste disposal issues;

(6) Analyze the feasibility of providing incentives, including financial, for treatment, storage, disposal, recycling, and incineration facility construction; and

(7) Identify other methods to effectively address hazardous waste management capacity.

The department shall report to the legislature on or before December 15, 1987, on its progress in developing the state hazardous waste management plan and what assistance it has provided to local governments to carry out the provisions of RCW 70.105.220, 70.105.225, 70.105.230, and 70.105.235. The department shall include an explanation of how it intends to accomplish the requirement to provide hazardous waste capacity mandated in the federal comprehensive environmental response, compensation, and liability act.

NEW SECTION. Sec. 3. In identifying ways of providing needed capacity, the department of ecology shall consult with representatives of the waste treatment and disposal industry; representatives from large and small industries that generate toxic metal solutions and residuals, corrosives, inorganic residuals and sludges, cleanup residuals; and other types of waste the agency deems appropriate. The department shall also consult with representatives of the environmental community including recycling organizations and public interest groups.

NEW SECTION. Sec. 4. The department of ecology shall base its findings and conclusions on information collected from hazardous waste and moderate-risk generators, transporters, and from handlers who reduce, recycle, reuse, store, treat, incinerate, stabilize, and landfill these wastes. The department is hereby authorized to collect this information from such businesses.

NEW SECTION. Sec. 5. Nothing in this act shall be construed as interfering with the processing of applications currently underway for the siting and constructing of hazardous waste facilities. The department of ecology shall prioritize its activities such that all necessary resources are applied to expedite permitting activities except that funds necessary for enforcement shall not be used for this purpose. The department may charge fees in an amount sufficient to cover the costs of processing the application.

NEW SECTION. Sec. 6. The department of ecology shall complete the requirements of this act and report to the legislature on or before December 15, 1987.

NEW SECTION. Sec. 7. There is appropriated from the general fund to the department of ecology for the biennium ending June 30, 1989, the sum of forty-nine thousand dollars, or so much thereof as may be necessary, to carry out the purposes of section 2 of this act.

NEW SECTION. Sec. 8. 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.