H-4099.2          _______________________________________________

                                  HOUSE BILL 2823

                  _______________________________________________

State of Washington              52nd Legislature             1992 Regular Session

By Representatives Bray, Chandler, Ludwig, Neher, Grant, Dorn, Hochstatter, D. Sommers, May, Valle, Rust, R. Meyers, Pruitt and Nealey

Read first time 01/28/92.  Referred to Committee on Environmental Affairs/Revenue.Creating fees for hazardous substances incineration facilities.

     AN ACT Relating to payment of fees for hazardous substances incineration facilities; amending RCW 70.105.215; 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 need for new, modified, or expanded facilities to treat, incinerate, or otherwise process or dispose of hazardous substances safely.  In order to encourage the development of such facilities, the department shall:

(a) 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;

(b) Charge and collect from each applicant a fee intended to pay the department's costs in reviewing and processing each application for new hazardous substances incineration facilities as required by this section, and within any other deadlines established by law or regulation.  The fee imposed shall be one-half of one percent of the total estimated capital cost of the proposed project, to be paid by the applicant at the time of filing an initial application.  When the application review process is completed, the department shall conduct a comparison of its costs against the fee paid and any surplus moneys shall be refunded to the applicant; and

(c) Deposit all fees authorized and collected under this subsection in the toxics control reserve account.  Subject to legislative appropriation, moneys from fees authorized under this section shall be spent solely for the department's review and processing of all applications for hazardous substances incineration facility permits.

(2) If owners and operators 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.

(3) For any hazardous substances incineration facility that (a) is not operated by the federal government and (b) is located in a county with seventy thousand to one hundred fifty thousand population on the east side of the Cascade ridge, the director shall require that operators of the facility pay a fee for all hazardous waste at the time of receipt at the facility of thirty-five dollars per ton or its equivalent.  The fee shall be placed monthly in the fund created in RCW 43.31.422.

NEW SECTION. Sec. 2.      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.