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SUBSTITUTE SENATE BILL NO. 5978
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AS AMENDED BY THE HOUSE
C 334 L 87
State of Washington 50th Legislature 1987 Regular Session
By Senate Committee on Parks & Ecology (originally sponsored by Senators Bottiger, Kreidler and Vognild)
Read first time 3/6/87.
AN ACT Relating to prohibiting the sale or use of tributyltin in paints; adding new sections to chapter 70.54 RCW; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 70.54 RCW to read as follows:
(1) A person shall not sell, offer to sell, or use in this state any tributyltin-based marine antifouling paint or coating unless a method of using such paint or coating exists that does not result in the release of tributyltin or derivative of organotin into the marine waters of the state.
(2) Subsection (1) of this section does not apply to the sale or use in this state of a tributyltin-based marine antifouling paint or coating that is (a) used on aluminum hulls and (b) that has a steady release rate of not more than five micrograms per square centimeter per day.
(3) Subsection (1) of this section does not apply to the sale, use, distribution, or possession of a tributyltin-based marine antifouling paint or coating if the paint or coating (a) is in a spray can containing sixteen ounces or less of paint or coating; (b) is commonly referred to as an outboard or lower drive unit paint; and (c) the steady release rate of not more than five micrograms per square centimeter per day.
(4) The department of agriculture shall enforce this section and shall adopt any rules necessary to implement this section.
(5) For purposes of this section "tributyltin-based marine antifouling paint or coating" means a paint, coating, or treatment that contains tributyltin or a triorganotin compound used as a substitute for tributyltin and that is intended to control fouling organisms in a marine environment.
NEW SECTION. Sec. 2. This act shall take effect April 1, 1988.
NEW SECTION. Sec. 3. Section (1) of this act shall only remain in effect until the U.S. environmental protection agency promulgates standards for the use of tributyltin-based marine antifouling paint or coating.