CERTIFICATION OF ENROLLMENT

 

                  SUBSTITUTE SENATE BILL 5404

 

 

 

 

                        53rd Legislature

                      1993 Regular Session

Passed by the Senate April 17, 1993

  YEAS 40   NAYS 1

 

 

 

President of the Senate

 

Passed by the House April 5, 1993

  YEAS 97   NAYS 0

               CERTIFICATE

 

I, Marty Brown, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SUBSTITUTE SENATE BILL 5404 as passed by the Senate and the House of Representatives on the dates hereon set forth.

 

 

 

Speaker of the

       House of Representatives

                                 Secretary

 

 

Approved Place Style On Codes above, and Style Off Codes below.

                                     FILED

          

 

 

Governor of the State of Washington

                        Secretary of State

                       State of Washington


                              _______________________________________________

 

                                            SUBSTITUTE SENATE BILL 5404

                              _______________________________________________

 

                                                            AS AMENDED BY THE HOUSE

 

                                                       Passed Legislature - 1993 Regular Session

 

State of Washington                              53rd Legislature                             1993 Regular Session

 

By Senate Committee on Ecology & Parks (originally sponsored by Senators Fraser and Barr)

 

Read first time 02/15/93.

 

Allowing a private right of action under the model toxic control act.


          AN ACT Relating to confirming a private right of action or right of contribution under the model toxic control act; adding a new section to chapter 70.105D 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 70.105D RCW to read as follows:

          Except as provided in RCW 70.105D.040(4)(d), a person may bring a private right of action, including a claim for contribution or for declaratory relief, against any other person liable under RCW 70.105D.040 for the recovery of remedial action costs.  In the action, natural resource damages paid to the state under this chapter may also be recovered.  Recovery shall be based on such equitable factors as the court determines are appropriate.  Remedial action costs shall include reasonable attorneys' fees and expenses.  Recovery of remedial action costs shall be limited to those remedial actions that, when evaluated as a whole, are the substantial equivalent of a department-conducted or department-supervised remedial action.  Substantial equivalence shall be determined by the court with reference to the rules adopted by the department under this chapter.  An action under this section may be brought after remedial action costs are incurred but must be brought within three years from the date remedial action confirms cleanup standards are met or within one year of the effective date of this act, whichever is later.  The prevailing party in such an action shall recover its reasonable attorneys' fees and costs.  This section applies to all causes of action regardless of when the cause of action may have arisen.  To the extent a cause of action has arisen prior to the effective date of this act, this section applies retroactively, but in all other respects it applies prospectively.

 

          NEW SECTION.  Sec. 2.  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.

 

          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.

 


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