AN ACT Relating to solid waste received from
outside the state; adding new sections to chapter 70.95 RCW; and declaring an
emergency.
BE
IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A
new section is added to chapter 70.95 RCW to read as follows:
The legislature finds that:
(1) The state of Washington has responded to
the increasing challenges of safe, affordable disposal of solid waste by an
ambitious program of waste reduction, recycling and reuse, as well as strict
standards to ensure the safe handling, transportation, and disposal of solid
waste;
(2) All communities in Washington participate
in these programs through locally available recycling services, increased
source separation and material recovery requirements, programs for waste
reduction and product reuse, and performance standards that apply to all solid
waste disposal facilities in the state;
(3) New requirements for the siting and
performance of disposal facilities have greatly decreased the number of such
facilities in Washington, and the state has a significant interest in ensuring
adequate disposal capacity within the state;
(4) The landfilling, incineration, and other
disposal of solid waste may adversely impact public health and environmental
quality, and the state has a significant interest in decreasing volumes of the
waste stream destined for disposal;
(5) Because of the decreasing number of
disposal facilities and other reasons, solid waste is being transported greater
distances, often beyond the community where generated and is increasingly being
transported between states;
(6) Washington's waste management priorities
and programs are a balanced approach of increased reuse, recycling and waste
reduction, the strengthening of markets for recycled content products, and the
safe disposal of the remaining waste stream, with the costs of these programs
shared equitably by all persons generating waste in the state;
(7) Those residing in other states who generate
waste destined for disposal within Washington should also share the costs of
waste diversion and management of Washington's disposal facilities, so that the
risks of waste disposal and the costs of mitigating those risks are shared
equitably by all waste generators, regardless of their location;
(8) Because Washington state may not directly
regulate waste handling, reduction, and recycling activities beyond its state
boundaries, the only reasonable alternative to ensure this equitable treatment
of waste being disposed within Washington is to implement a program of
reviewing such activities as to waste originating outside of Washington, and to
assign the additional costs, when necessary, to ensure that the waste meets
standards substantially equivalent to those applicable to waste generated
within the state, and, in some cases, to prohibit disposal of waste where its
generation and management is not subject to standards substantially equivalent
to those applicable to waste generated within the state.
NEW SECTION. Sec. 2. A
new section is added to chapter 70.95 RCW to read as follows:
(1) At least sixty days prior to receiving
solid waste generated from outside of the state, the operator of a solid waste
disposal site facility shall report to the department the types and quantities
of waste to be received from an out-of-state source. The department shall
develop guidelines for reporting this information. The guidelines shall
provide for less than sixty days notice for shipments of waste made on a
short-term or emergency basis. The requirements of this subsection shall take
effect upon completion of the guidelines.
(2) Upon notice under subsection (1) of this
section, the department shall identify all activities and costs necessary to
ensure that solid waste generated out-of-state meets standards relating to
solid waste reduction, recycling, and management substantially equivalent to
those required of solid waste generated within the state. The department may
assess a fee on the out-of-state waste sufficient to recover the actual costs
incurred in ensuring that the out-of-state waste meets equivalent state
standards. The department may delegate, to a local health department,
authority to implement the activities identified by the department under this
subsection. All money received from fees imposed under this subsection shall
be deposited into the solid waste management account created by RCW 70.95.800,
and shall be used solely for the activities required by this section.
(3) The department may prohibit in-state
disposal of solid waste generated from outside of the state, unless the
generators of the waste meet: (a) Waste reduction and recycling requirements
substantially equivalent to those applicable in Washington state; and (b) solid
waste handling standards substantially equivalent to those applicable in
Washington state.
(4) The department may adopt rules to implement
this section.
NEW SECTION. Sec. 3. If
any provision of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the provision to
other persons or circumstances is not affected.
NEW SECTION. Sec. 4.
This act is necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its existing public
institutions, and shall take effect immediately.
