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                       ENGROSSED SUBSTITUTE HOUSE BILL 2636

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State of Washington              52nd Legislature             1992 Regular Session

By House Committee on Environmental Affairs (originally sponsored by Representatives Rust, Horn, Valle, Heavey and Brekke)

Read first time 02/05/92.  Requiring solid waste reports and landfill fee reciprocity on waste received from outside the state.

     AN ACT Relating to solid waste received from outside the state; adding a new section to chapter 70.95 RCW; and declaring an emergency.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 70.95 RCW to read as follows:

     (1) At least sixty days prior to receiving solid waste generated from outside of the state, each holder or applicant of a permit for a landfill disposal or incineration facility under this chapter shall report to the department the types and quantities of waste to be received.  The department shall develop guidelines for reporting this information.  The guidelines shall provide for less than sixty days notice for shipments of waste made on a short-term or emergency basis and for shipments of waste subject to a contract entered into prior to  the completion of the guidelines.  The requirements of this subsection shall take effect upon completion of the guidelines.

     (2) If a state or country imposes a fee, tax, or other assessment for the disposal or incineration of solid waste generated in Washington state, the department shall impose a similar fee, tax, or assessment on incoming solid waste generated from that state or country.  All money received from any fee, tax, or assessment imposed under this subsection shall be deposited into the solid waste management account created by RCW 70.95.800.  The department shall establish a procedure to distribute one-half of the funds collected under this subsection to the local health department having jurisdiction over the facility being assessed a fee.

     (3) The department shall prohibit in-state land disposal and incineration of solid waste generated from outside of the state, unless that solid waste has been subjected to waste reduction and recycling requirements equivalent to those required under RCW 70.95.090(7).

     (4) Subsections (2) and (3) of this section shall not apply to contracts entered into on or before March 1, 1992.

NEW SECTION. Sec. 2.      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. 3.      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.