AN ACT Relating to radioactive materials and waste transportation; adding a new chapter to Title 43 RCW; creating a new section; prescribing penalties; providing an effective date; and making appropriations.

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

NEW SECTION. Sec. 1. The legislature finds that various state agencies are undertaking thorough and responsible efforts to regulate the transportation of radioactive waste throughout the state. Most of this material is classified as low-level and presents a very slight risk to the public, especially when compared to the amount of hazardous material transported. The legislature also finds that the public has not been adequately informed of the actual condition of state regulations and response capabilities regarding radioactive waste. Therefore, in a effort to reassure the public, it is the policy of the state of Washington to require permits when the most dangerous of these materials are transported. It is also the policy of the state to comprehensively study the uses and amount of nonwaste radioactive materials so as to eliminate the perception that these materials are completely unregulated.

NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter.

(1) "Agency" means the Washington state patrol as defined in chapter 43.43 RCW.

(2) "Carrier" means and includes common, private, and contract carriers.

(3) "Highway route controlled quantity radioactive materials" means any of the materials, including commercial spent fuel, defined as highway route controlled quantity radioactive materials by United States department of transportation regulations in 49 C.F.R. Sec. 173.403.

(4) "Person" means an individual, partnership, joint venture, private or public corporation, association, firm, public service company, political subdivision, municipal corporation, government agency, public utility district, or any other entity, public or private, however organized.

(5) "Radioactive materials" means any of the materials defined as radioactive materials by United States department of transportation regulations as found in 49 C.F.R. Sec. 173.

(6) "Chief" means the chief of the Washington state patrol, as defined in chapter 43.43 RCW.

(7) "Shipment" means cargo carried in a single motor vehicle including a truck, or any number of truck trailers, rail cars, vessels, or barges, moved by one or interconnected power sources.

NEW SECTION. Sec. 3. (1) No carrier may transport within the state of Washington any shipment of highway route controlled quantity radioactive materials without first obtaining a permit from the agency. The permit shall accompany the shipment of radioactive materials or waste and shall be available for examination in accordance with rules adopted by the agency.

(2) This chapter shall not apply to shipments of radioactive materials or waste, made by or under the direction or supervision of the United States department of energy or the department of defense, that are escorted by personnel specifically designated by or under the authority of these agencies, solely for the purpose of national security.

(3) Transportation of highway route controlled quantity radioactive materials shall be performed in compliance with applicable federal, state, and local statutes and regulations.

NEW SECTION. Sec. 4. (1) Application for a per shipment permit to transport highway route controlled quantity radioactive materials under this section shall be made by carriers intending to transport highway route controlled quantity radioactive materials. The application shall be in a form and manner prescribed or ruled by the chief.

(2) The application for a permit to transport highway route controlled quantity radioactive materials shall include:

(a) A description of the kind and, to the extent feasible, quantity, of radioactivity of the materials or waste to be transported;

(b) A description of the mode of transport and, to the extent feasible, the route or routes to be taken and the schedule; and

(3) The chief may suspend or revoke any permit if it is determined that any provision of the permit requirements have been violated. If the chief has reasonable cause to believe that any immediate danger exists to the public health, safety, or environment, the chief may issue an emergency order suspending any permit granted under this chapter for a period not to exceed seven days.

(4) After having received a permit under this section, a permittee shall notify the agency (within twenty-four hours prior to the shipment being made) that the shipment will occur. After reaching its final destination, the permittee shall then notify the agency that the shipment of radioactive waste or materials is complete.

NEW SECTION. Sec. 5. (1) Interested state agencies and local government agencies in whose jurisdiction the route or routes of proposed shipments may be located may request from the chief information contained in the permits about proposed shipments.

(2) The chief may place reasonable conditions on a permit based on comments received from agencies acquiring information under subsection (1) of this section.

NEW SECTION. Sec. 6. The agency is the state agency designated to immediately respond to highway accidents or incidents involving the transportation of radioactive materials and waste. All action taken by the agency shall be consistent with the comprehensive emergency management plan adopted by the division of emergency management of the department of community development and in coordination with the office of radiation protection of the department of social and health services as well as any city or county fire, police, or other emergency department.

NEW SECTION. Sec. 7. Any carrier obtaining a permit under section 4 of this act shall establish and maintain records as the chief may by rule reasonably require to assure compliance with the conditions of the permit. The agency in its rules shall establish reasonable limits on the length of time that records shall be maintained.

NEW SECTION. Sec. 8. Officers of the agency have the authority to immobilize, impound, or otherwise direct the disposition of motor vehicles transporting radioactive materials and waste if the officer determines that the motor vehicle or the operation of the motor vehicle present an immediate danger to the public health, safety, or environment and if the immobilization, impoundment, or disposition is otherwise appropriate under rules adopted by the agency.

NEW SECTION. Sec. 9. The chief, the attorney general, or any appropriate prosecuting attorney may bring a civil action in superior court against a person who is alleged to have violated this chapter. Such action may be for appropriate relief or remedies specified in this chapter or any other applicable law.

NEW SECTION. Sec. 10. The remedies in this section are cumulative and nonexclusive:

(1) A person who knowingly makes a false statement or representation in any application or other document filed, maintained, or used for the purpose of complying with this chapter is liable for a civil penalty of not less than three hundred dollars but not to exceed ten thousand dollars for each separate violation.

(2) A person who violates this chapter or any permit, rule, condition, or requirement issued or promulgated pursuant to this chapter may be assessed for:

(a) The state's costs for any nonroutine investigations, inspections, monitoring, or surveys that lead to evidence of the violation;

(b) The state's costs, including the reasonable value of attorney's services, for preparing and litigating the case; and

(3) A person who knowingly fails to obtain a permit required under section 4 of this act is guilty of a gross misdemeanor and is subject to a fine of not more than five thousand dollars or imprisonment not to exceed one year, or both, for each violation.

(4) A criminal action under this section may be brought by the attorney general or any appropriate prosecuting attorney. The chief is not required to initiate an administrative or civil action before the attorney general may bring a criminal action under this section.

NEW SECTION. Sec. 11. When making rules regarding the implementation of this chapter, the chief shall attempt to incorporate any agreements which have been reached by the state of Washington as a member state of the pacific states committee on radioactive materials transportation.

NEW SECTION. Sec. 12. The agency is directed to develop a permanent working group to periodically review guidelines and response capabilities pertaining to radioactive materials and radioactive waste. Members of the group shall include representatives of the office of radiation protection of the department of social and health services, the division of emergency management of the department of community development, county sheriffs, and any other entity chosen by the chief.

NEW SECTION. Sec. 13. The agency and the office of radiation protection shall jointly prepare and submit to the governor and the committees on energy and utilities of the house of representatives and the senate by January 1 of each year a comprehensive report on the use and transportation of radioactive materials in this state and provide an evaluation of the adequacy of emergency response capability to any accidents involving radioactive materials. The report shall include but need not be limited to:

(1) The uses and scope of radioactive materials throughout the state;

(2) Statistical data on the number of radioactive materials shipments in the state including, to the extent feasible, the nature of the materials, their source, and their destination;

(3) A brief description and compilation of any accidents and casualties or incidents in the state involving the transportation of radioactive materials;

(4) Other statistical data regarding the shipment of radioactive materials, including a summary of the permit system instituted by the chief;

(5) A summary of outstanding problems confronting the agency in the administration of this chapter; and

(6) Such recommendations for additional legislation as is considered necessary or appropriate.

NEW SECTION. Sec. 14. All requirements imposed by this chapter must be consistent with all applicable federal statutes, the applicable regulations of the United States department of transportation and the nuclear regulatory commission, and any other applicable rules promulgated by a federal agency or department.

NEW SECTION. Sec. 15. This chapter is not intended to affect any state law in effect on the effective date of this act or intrude upon the duties and responsibilities of any state officer with respect to matters related to this chapter, but in the case of any conflict relating to the transportation of radioactive materials or waste, this chapter shall control.

NEW SECTION. Sec. 16. The chief shall seek federal financial assistance for activities undertaken pursuant to this chapter as may be available under federal law, including the hazardous materials transportation act of 1974, P.L. 93-633, and the nuclear waste policy act of 1982, P.L. 97-425.

NEW SECTION. Sec. 17. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 18. The sum of twenty-five thousand dollars, or so much thereof as may be necessary, is appropriated from the general fund for the biennium ending June 30, 1989, to the Washington state patrol, to carry out the purposes of this act.

The sum of fifteen thousand dollars, or so much thereof as may be necessary, is appropriated from the general fund for the biennium ending June 30, 1989, to the office of radiation protection, to carry out the purposes of this act.

NEW SECTION. Sec. 19. This act shall take effect on January 1, 1989.

NEW SECTION. Sec. 20. Sections 2 through 17 of this act shall constitute a new chapter in Title 43 RCW.