S-0856.1/91       _______________________________________________

                                 SENATE BILL 5263

                  _______________________________________________

State of Washington              52nd Legislature             1991 Regular Session

By Senators Owen, Amondson, Snyder, Matson, Hansen, Conner, Bauer, Newhouse, Anderson and Barr.

Read first time January 25, 1991.  Referred to Committee on Environment & Natural Resources.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.  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) An underground storage tank that meets the requirements of RCW 90.76.020 and meets the requirements established by a city, town, or county, under this section, is not required to meet underground storage tank requirements adopted under this section after installation of the tank.

     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.

(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.