S-1221.1          _______________________________________________

                            SUBSTITUTE SENATE BILL 5263

                  _______________________________________________

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.Regulating underground storage tanks.

     AN ACT Relating to underground storage tanks; amending RCW 90.76.040 and 90.76.110.

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.

     Sec. 2.  RCW 90.76.110 and 1989 c 346 s 12 are each amended to read as follows:

     (1) Except as provided in RCW 90.76.040 and subsections (2), (((3))) (4), and (((4))) (5) of this section, the rules adopted under this chapter supersede and preempt any state or local underground storage tank law, ordinance, or resolution governing any aspect of regulation covered by the rules adopted under this chapter.

     (2) Provisions of the uniform fire code adopted under chapter 19.27 RCW that do not directly conflict with rules adopted under this chapter are not superseded or preempted.  Disputes as to whether there is a direct conflict between the uniform fire code adopted under chapter 19.27 RCW and the regulations under this chapter shall be submitted to the state building code council or its successor body for determination, in consultation with the department of ecology.  Disputes shall be resolved within three working days of submittal to the council, and if not resolved, within such time, shall be determined by the local fire official.

(3) Local laws, ordinances, and resolutions pertaining to local authority to take immediate action in response to a release of a regulated substance are not superseded or preempted.

     (((3))) (4) City, town, or county underground storage tank ordinances that are more stringent than the federal regulations and the uniform codes adopted under chapter 19.27 RCW and that are in effect on November 1, 1988, are not superseded or preempted.  A city, town, or county with an ordinance that meets these criteria shall notify the department of the existence of that ordinance by July 1, 1989.

     (((4))) (5) Local laws, ordinances, and resolutions pertaining to permits and fees for the use of underground storage tanks in street right of ways that were in existence prior to July 1, 1990,  are not superseded or preempted.