H-1978.1          _______________________________________________

                                  HOUSE BILL 2015

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State of Washington              54th Legislature             1995 Regular Session

By Representatives McMorris, Sheldon and Fuhrman

Read first time 02/22/95.  Referred to Committee on Natural Resources.

Exempting certain solid wastes from hazardous waste management requirements.

     AN ACT Relating to exemptions from hazardous waste management requirements; and amending RCW 70.105.035.

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

     Sec. 1.  RCW 70.105.035 and 1994 c 254 s 5 are each amended to read as follows:

(1) Solid wastes that designate as dangerous waste or extremely hazardous waste but do not designate as hazardous waste under federal law are conditionally exempt from the requirements of this chapter, if:

     (((1))) (a) The waste is generated pursuant to a consent decree issued under chapter 70.105D RCW;

     (((2))) (b) The consent decree characterizes the solid waste and specifies management practices and a department-approved treatment or disposal location;

     (((3))) (c) The management practices are consistent with RCW 70.105.150 and are protective of human health and the environment as determined by the department of ecology; and

     (((4))) (d) Waste treated or disposed of on-site will be managed in a manner determined by the department to be as protective of human health and the environment as clean-up standards pursuant to chapter 70.105D RCW.

     This section shall not be interpreted to limit the ability of the department to apply any requirement of this chapter through a consent decree issued under chapter 70.105D RCW, if the department determines these requirements to be appropriate.  Neither shall this section be interpreted to limit the application of this chapter to a cleanup conducted under the federal comprehensive environmental response, compensation, and liability act (42 U.S.C. Sec. 9601 et seq., as amended).

(2) Solid waste from the extraction, beneficiation, and processing of ores and minerals as excluded by federal regulations, as listed at 40 C.F.R. Sec. 261.4(a)(7), are exempt from the requirements of this chapter.  Management standards for these wastes must be protective of human health and the environment as demonstrated by the generator of such waste and approved by the department of ecology.

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