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ENGROSSED SUBSTITUTE SENATE BILL 5263
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State of Washington 52nd Legislature 1991 Regular Session
By Senate Committee on Environment & Natural Resources (originally sponsored by Senators Owen, Amondson, Snyder, Matson, Hansen, Conner, Bauer, Newhouse, Anderson and Barr).
Read first time February 8, 1991.
AN ACT Relating to underground storage tanks; and amending RCW 90.76.040.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. 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 the installation and upgrade of underground storage tanks which
meet the underground storage tank upgrading and installation standards adopted
under chapter 90.76 RCW, and federal regulations.
For the purposes of this subsection, "upgraded and installed" means physical improvements to, or replacement of, underground storage tank systems which, 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.