SENATE BILL REPORT
ESHB 2390
BYHouse Committee on Environmental Affairs (originally sponsored by Representatives Rust, Phillips, Jacobsen, Nelson, Valle, Pruitt, Sprenkle, P. King, Heavey, Hine, R. Fisher, Rector, Dellwo, Basich, O'Brien, Spanel, Brekke and Crane; by request of Governor Gardner)
Regulating hazardous substances and waste.
House Committe on Environmental Affairs
Rereferred House Committee on Revenue
Senate Committee on Environment & Natural Resources
Senate Hearing Date(s):February 19, 1990; February 20, 1990
Majority Report: Do pass as amended.
Signed by Senators Metcalf, Chairman; Amondson, Vice Chairman; Barr, Benitz, DeJarnatt, Kreidler, Owen, Patterson, Sutherland.
Senate Staff:Gary Wilburn (786-7453)
February 22, 1990
AS REPORTED BY COMMITTEE ON ENVIRONMENT & NATURAL RESOURCES, FEBRUARY 20, 1990
BACKGROUND:
The Department of Ecology administers a permit program to track the generation, transportation and disposal of hazardous wastes, and maintains state primacy for administering the equivalent federal requirements. The state has adopted hazardous waste management priorities which place waste reduction and waste recycling as the highest priorities. The Department of Ecology is required to prepare a state hazardous waste management plan that implements the management priorities. Local government waste management plans are required to be developed which address moderate-risk (primarily household hazardous) waste.
The state has preempted the field of permitting hazardous waste treatment and/or disposal facilities. There is currently no disposal facility located within Washington, with most of the waste disposed at a facility near Arlington, Oregon.
RCW 70.105A.035, adopted as part of Initiative 97, encourages the Legislature to revise the hazardous waste fee program to provide an incentive for waste reduction and recycling. It directs the Department of Ecology to submit to the Legislature a proposed revision to the fees.
SUMMARY:
Waste Reduction: The Legislature adopts the Pacific Northwest Hazardous Waste Advisory Council recommendation that hazardous waste generation should be reduced by 50 percent by 1995. The 50 percent goal may not be applied as a regulatory requirement.
The duties of the Office of Waste Reduction are modified to specifically include assistance in hazardous substance use reduction efforts and the completion of plans for the reduction of hazardous waste. The office is also directed to establish an intern program in cooperation with colleges and universities to provide technical assistance to business.
An employee of the department providing advisory services during a visit to a business may not exercise any enforcement authority. The department may include proprietary information in its database on waste reduction techniques with the written permission of the business.
Hazardous waste generators who generate more than 2,640 pounds of hazardous waste each year and hazardous substance users required to report under federal law are required to prepare plans. Hazardous waste generated for beneficial use does not count in determining whether a plan must be prepared. A person who, because of unique circumstances, generates sufficient waste to be required to complete a plan, may petition the department for an exclusion. The plans are designed to reduce the use of hazardous substances and the generation of hazardous wastes. A single plan may cover more than one facility.
The Department of Ecology is directed to adopt rules by April 1, 1991 for the preparation of the plans. The rules must require the plans to address substance use reduction, waste reduction, recycling, and treatment in descending order. The plans must include: a policy stating management support for the plan; an analysis of current hazardous substance use and waste generation, reduction, treatment and recycling activities; further opportunities to reduce waste; and impediments to further reduction in use or generation of hazardous substances. The plans must also contain specific performance goals of the anticipated reduction in the use of hazardous substances, and in wastes generated, recycled, or treated. Plans are to be designed on a five-year implementation schedule and must be updated every five years.
An executive summary of the plan must also be prepared and must include a summary of the hazardous substances used and wastes generated, a description of the options chosen to reduce substances used or waste generated, and the specific performance goals. The executive summary must be submitted to the department. A phased schedule for plan deadlines based on the quantity of waste generated is established.
Annual reports must also be prepared by hazardous waste generators and hazardous substance users. The reports must be submitted to the department and include a description of the progress made towards the specific performance goals included in the generator's plan.
The department shall determine whether a plan, executive summary, or progress report is adequate based on whether the document is complete and complies with the planning process required by the act. If, after an opportunity to correct the document, an adequate plan, summary, or annual report is not prepared, the Department of Revenue will assess a penalty of the greater of $1,000 or three times the generator's annual fee. In addition, the generator will owe the department a surcharge of three times the disposal fee for any waste disposed of in this state.
The executive summary and annual progress reports submitted to the department are available for public inspection. The plan is retained at the facility and is not available for public inspection. Persons living within the vicinity of a facility may ask the department to review the plan of a facility. If at least 10 persons make such a request, the department must review the plan and report its conclusions to those individuals and to the facility.
Provision is made to keep certain information in an executive summary or progress report confidential.
Hazardous Waste Fees: A fee of $35 is imposed on every person doing business in the state who generates or is in a type of business which might generate hazardous waste. A business exempt from paying business and occupation tax because the business does not meet the threshold is exempt from the $35 annual fee. The fee revenue may only be used to support the activities of the Office of Waste Reduction.
The Department of Ecology is directed to establish a fee structure to be imposed against those required to prepare plans. A facility that generates less than 2,640 pounds of hazardous waste is not required to pay this fee. The revenue generated is to be used to support the department's activities in reviewing the plans and supporting the consultation program on waste reduction technologies. The department may not generate more than $1 million a year in fees. The maximum fee that may be assessed is $10,000 for each plan.
A hazardous waste assistance account is established to receive the hazardous waste fees generated and any penalties imposed as a result of a failure to prepare an adequate pollution prevention plan. Money in the account may be used to provide technical assistance and compliance education. Grants may also be provided to local governments to provide assistance to small quantity generators under local government moderate risk waste plans.
The existing laws on hazardous waste fees are repealed.
Appropriation: none
Revenue: yes
Fiscal Note: available
Effective Date:The bill contains an emergency clause and takes effect immediately.
SUMMARY OF PROPOSED SENATE AMENDMENT:
Terminology and definitions are clarified, and cross-references are corrected. Department orders or surcharges may be appealed to the Pollution Control Hearings Board. Proprietary information is not to be publicized without permission. Distribution or use of fertilizers or pesticides for commercial agricultural applications are not included within the definition of hazardous substance users. Exemptions of mixed radioactive and hazardous wastes are clarified as well as beneficial recycling provisions.
Senate Committee - Testified: Representative Nancy Rust, original prime sponsor; Elizabeth Tabbutt, Washington Environmental Council; Colin Sprague, Association of Washington Business; Mark Triplett, Washington Agribusiness Coalition