1454-S AAS 4/15/91
SHB 1454 - S COMM AMD
By Committee on Environment & Natural Resources
Adopted 4/15/91 - Voice Vote
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 90.76.110 and 1989 c 346 s 12 are each amended to read as follows:
(1) Except as provided in RCW 90.76.040 and subsections (2), (3),
((and)) (4), and (5) of this section, the rules adopted under
this chapter supersede and preempt any state or local underground storage tank
law, ordinance, or resolution governing any aspect of regulation covered by the
rules adopted under this chapter.
(2) Provisions of the uniform fire code adopted under chapter 19.27 RCW that are not more stringent than and do not directly conflict with rules adopted under this chapter are not superseded or preempted.
(3) Local laws, ordinances, and resolutions pertaining to local authority to take immediate action in response to a release of a regulated substance are not superseded or preempted.
(((3))) (4) City, town, or county underground storage
tank ordinances that are more stringent than the federal regulations and the
uniform codes adopted under chapter 19.27 RCW and that are in effect on
November 1, 1988, are not superseded or preempted. A city, town, or county
with an ordinance that meets these criteria shall notify the department of the
existence of that ordinance by July 1, 1989.
(((4))) (5) Local laws, ordinances, and resolutions
pertaining to permits and fees for the use of underground storage tanks in
street right of ways that were in existence prior to July 1, 1990, are not
superseded or preempted."
"Sec. 2. RCW 90.76.040 and 1989 c 346 s 5 are each amended to read as follows:
(1) A city, town, or county may apply to the department to have an area within its jurisdictional boundaries designated an environmentally sensitive area. A city, town, or county may submit a joint application with any other city, town, or county for joint administration under chapter 39.34 RCW of a single environmentally sensitive area located in both jurisdictions.
(2) A city, town, or county may adopt proposed ordinances or
resolutions establishing requirements for underground storage tanks located
within an environmentally sensitive area that are more stringent than the
state-wide standards established under RCW 90.76.020. ((If application for
the designation of an environmentally sensitive area is made later than five
years after the date of final adoption of the rules required under this
chapter, proposed local ordinances and resolutions shall only apply to new
underground storage tank installations.)) Except as provided in RCW
90.76.110(3), and for any other environmentally sensitive areas adopted prior
to January 1, 1991, proposed local ordinances and resolutions for the
regulation of underground storage tank installations and upgrades, established
under this section, shall not apply to underground storage tanks that have been
installed or upgraded prior to the effective date of such local ordinances or
resolutions, if the tank system meets the underground storage tank upgrading
and installation standards adopted under this chapter, federal regulations, and
the uniform fire code as provided under RCW 90.76.110(2).
For the purposes of this subsection, "installed or upgraded" means physical improvements to, or replacement of, underground storage tank systems that at a minimum causes the tank to be replaced or upgraded to meet the state and federal underground storage tank requirements applicable on December 23, 1998. The local government adopting the ordinances and resolutions shall submit them to the department for approval. Disapproved ordinances and resolutions may be modified and resubmitted to the department for approval. Proposed local ordinances and resolutions become effective when approved by the department.
(3) The department shall approve or disapprove each proposed local ordinance or resolution based on the following criteria:
(a) The area to be regulated is found to be an environmentally sensitive area based on rules adopted by the department; and
(b) The proposed local regulations are reasonably consistent with previously approved local regulations for similar environmentally sensitive areas.
(4) A city, town, or county for which a proposed local ordinance or resolution establishing more stringent requirements is approved by the department may establish local tank fees that meet the requirements of RCW 90.76.090, if such fees are necessary for enhanced program administration or enforcement.
(5) The purpose of the designation of the environmentally sensitive area shall be to protect ground or surface waters used for drinking water purposes or reasonably anticipated as needed for future drinking water purposes."
SHB 1454 - S COMM AMD
By Committee on Environment & Natural Resources
Adopted 4/15/91 - Voice Vote
On page 1, line 1 of the title, after "preemption;" strike the remainder of the title and insert "and amending RCW 90.76.110 and 90.76.040."