H-2271.1 _______________________________________________
SUBSTITUTE HOUSE BILL 1865
_______________________________________________
State of Washington 52nd Legislature 1991 Regular Session
By House Committee on Environmental Affairs (originally sponsored by Representatives Rust, Chandler, Valle and Prince).
Read first time March 6, 1991.
AN ACT Relating to the sizing of hazardous waste disposal facilities; amending RCW 70.105.215; adding a new section to chapter 70.105 RCW; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 70.105.215 and 1986 c 210 s 3 are each amended to read as follows:
(1)
The legislature recognizes ((the)) that even if efforts at hazardous
substance use reduction and waste reduction do not reduce the quantity of
hazardous wastes generated in this region, there will probably be a need
for new, modified, or expanded facilities to treat, store, incinerate,
or otherwise process or dispose of hazardous substances safely. In order to ((encourage))
plan for the development of such facilities when needed, the
department shall adopt rules as necessary regarding the permitting of such
facilities to ensure the most expeditious permit processing possible consistent
with the substantive requirements of applicable law.
(2) The department may issue a draft permit for a hazardous waste disposal facility only if the department determines that the facility is sized no larger than is necessary to meet the needed capacity of the region, as determined pursuant to section 2 of this act.
(3)
If the owner((s)) and operator((s)) of a proposed
hazardous waste disposal facility are not the same entity, the operator
shall be the permit applicant and responsible for the development of the permit
application and all accompanying materials, as long as the owner also signs the
application and certifies its ownership of the real property described in the
application, and acknowledges its awareness of the contents of the application
and receipt of a copy thereof.
NEW SECTION. Sec. 2. A new section is added to chapter 70.105 RCW to read as follows:
As part of the hazardous waste management plan developed pursuant to RCW 70.105.200, the department shall estimate the need for landfill and incineration capacity for hazardous wastes generated in this state. When a draft permit is issued pursuant to RCW 70.105.215, the information in the plan shall be updated with a facility-specific needs determination, using the best available information. To the extent feasible, the department shall take into consideration the following factors in the needs determination:
(1) The available incinerator and landfill capacity and demand on capacity in Idaho, Oregon, and Alaska, based on information supplied by those states;
(2) The potential for future decreases in demand for incineration and landfilling if preferred management hierarchy established in RCW 70.105.150 were applied to all hazardous waste generated or treated and disposed of in this state, so that wastes destined for landfill or incineration would be only those which are appropriate for that method of disposal; and
(3) The potential future increases in demand due to economic growth, regulatory changes, expanded cleanup activities, and other relevant impacts.
NEW SECTION. Sec. 3. 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. 4. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.