S-2089               _______________________________________________

                                         SUBSTITUTE SENATE BILL NO. 6010

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Senate Committee on Agriculture (originally sponsored by Senators Kreidler and Hansen)

Read first time 3/4/87.

AN ACT Relating to the disposal of hazardous waste pesticides; adding a new section to chapter 15.58 RCW; creating new sections; and making an appropriation.

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

NEW SECTION. Sec. 1.     The legislature finds that the proper disposal of pesticides held by farmers, where registrations have been canceled or are otherwise unuseable, is necessary to protect the health of citizens and the environment.  Compliance with laws and regulations regarding the disposal of hazardous wastes is so complex and costly that farmers with pesticide wastes are more likely to hold those wastes than to dispose of them properly.  The department of agriculture currently regulates the registration and application of pesticides and, because of its knowledge of pesticides and familiarity with pesticide users, would be able to successfully administer a pesticide disposal program.  Education of pesticide users as to the proper disposal or legal use of excess inventories of pesticides should be a primary element of any departmental program.

NEW SECTION. Sec. 2.  A new section is added to chapter 15.58 RCW to read as follows:

          The director of agriculture may adopt rules to allow the department of agriculture to take possession and dispose of canceled, suspended, or otherwise unuseable pesticides held by persons regulated under chapter 17.21 RCW.  For the purposes of this section, the department may become licensed as a hazardous waste generator.

NEW SECTION. Sec. 3.     The director of agriculture shall develop the necessary administrative structure to implement a pesticide waste disposal program.  Issues to be addressed shall include, but are not limited to:  Collection site acquisition, liability and insurance, transportation to the collection site and to ultimate disposal sites, licensure and regulatory compliance, volume of material to be disposed of, education as to legal use as an alternative to disposal, container disposal, and analysis of unknown presumed pesticide.  The director shall report to the legislature by February 1, 1988, as to findings regarding structure of the program, need for legislation to make the program operational, timetable for operational elements, and alternatives to fund the operational program.

NEW SECTION. Sec. 4.     There is appropriated from the general fund to the department of agriculture for the biennium ending June 30, 1989, the sum of forty-nine thousand five hundred dollars, or so much thereof as may be necessary, to carry out the purposes of this act.