H-3898.1          _______________________________________________

 

                                  HOUSE BILL 2701

                  _______________________________________________

 

State of Washington              52nd Legislature             1992 Regular Session

 

By Representatives Wilson, Haugen, Zellinsky, Spanel, Wynne and Jones

 

Read first time 01/24/92.  Referred to Committee on Energy & Utilities.Regulating the installation of oil transmission pipelines through sole source aquifers.


     AN ACT Relating to oil transmission facilities; amending RCW 80.50.105; adding a new section to chapter 80.50 RCW; creating a new section; and prescribing penalties.

 

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

 

     NEW SECTION.  Sec. 1.      The legislature finds that due to the rising population in Washington there is an increasing need for fresh, clean water.  The legislature also finds that the supply of fresh, clean water is dwindling.  Safeguards must be taken to ensure that the clean water available will remain pure for future generations of residents of the state.  Residents of areas with sole source aquifers are particularly vulnerable and their access to fresh, clean water must be treated with special care.

 

     Sec. 2.  RCW 80.50.105 and 1991 c 200 s 1112 are each amended to read as follows:

     ((In making its recommendations to the governor under this chapter regarding)) When the council receives an application that includes transmission facilities for petroleum products, the council shall ((give appropriate weight to)) require that the applicant show that the proposed pipeline will comply with:

     (1) Federal environmental protection agency regulations designed to protect sole source aquifer areas; and

     (2)  City or county facility siting standards adopted for the protection of sole source aquifers.

 

     NEW SECTION.  Sec. 3.  A new section is added to chapter 80.50 RCW to read as follows:

     In addition to the penalties set forth in RCW 80.50.150, when petroleum, petroleum products, natural gas, synthetic gas, or gas products from the transmission facility are discharged into the environment:

     (1) The person who is using the pipeline;

     (2) The person who installed the transmission facility;

     (3) The person who owns the transmission facility; and

     (4) The manufacturer of the materials that were discharged from the transmission facility;

shall all be strictly liable for the damages caused by the discharge.  This liability shall have no expiration date.