S-1802.1          _______________________________________________

                            SUBSTITUTE SENATE BILL 5480

                  _______________________________________________

State of Washington              52nd Legislature             1991 Regular Session

By Senate Committee on Environment & Natural Resources (originally sponsored by Senators Oke, Owen, Sutherland and Metcalf; by request of Department of Ecology).

Read first time March 1, 1991.Pertaining to the applicability of the uniform fire code to underground storage tank laws.

     AN ACT Relating to underground storage tank law preemption; and amending RCW 90.76.110.

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

     Sec. 1.  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RCW that are not more stringent than, and that do not directly conflict with, rules adopted under this chapter are not superseded or preempted.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pertaining to local authority to take immediate action in response to a release of a regulated substance are not superseded or preempted.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regulations and the uniform codes adopted under chapter 19.27 RCW and that are in effect on November 1, 1988, are not superseded or preempted.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for the use of underground storage tanks in street right of ways that were in existence prior to July 1, 1990,  are not superseded or preempted.