S-3905.1 _______________________________________________
SUBSTITUTE SENATE BILL 6232
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State of Washington 52nd Legislature 1992 Regular Session
By Senate Committee on Environment & Natural Resources (originally sponsored by Senators Rasmussen and Wojahn)
Read first time 02/06/92.
AN ACT Relating to the liability of municipal corporations in ownership and operation of solid waste facilities; amending RCW 70.95D.090; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 70.95D.090 and 1989 c 431 s 73 are each amended to read as follows:
After January 1, 1992, it is unlawful for any person, firm, corporation, municipal corporation, or other governmental subdivision or agency to operate a solid waste incineration or landfill facility unless the operators are duly certified by the director under this chapter or any lawful rule or order of the department. It is unlawful for any person to perform the duties of an operator without being duly certified under this chapter. The department shall adopt rules that allow the owner or operator of a landfill or solid waste incineration facility to request a variance from this requirement under emergency conditions. The department may impose such conditions as may be necessary to protect human health and the environment during the term of the variance. No municipal corporation, or other governmental subdivision or agency, shall, as an owner or operator, or as a user, of a solid waste incineration or landfill facility, be liable to a person on the basis of strict liability under the common law if the facility is in substantial compliance with the department's minimal functional standards, or with a judicial consent decree to which the department is a party.
NEW SECTION. Sec. 2. This act applies prospectively only and not retroactively. It applies only to causes of action that are commenced on or after the effective date of this act.