S-4923.2  _______________________________________________

                    SUBSTITUTE SENATE BILL 6095

          _______________________________________________

State of Washington      54th Legislature     1996 Regular Session

By Senate Committee on Ecology & Parks (originally sponsored by Senator Rasmussen)

Read first time 02/01/96.

Establishing parameters for solid waste facility locational standards.

    AN ACT Relating to standards for location of certain solid waste landfills; amending RCW 70.95.060; and declaring an emergency.

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

    Sec. 1.  RCW 70.95.060 and 1969 ex.s. c 134 s 6 are each amended to read as follows:

(1) The department in accordance with procedures prescribed by the Administrative Procedure Act, chapter 34.05 RCW, as now or hereafter amended, ((may)) shall adopt such minimum functional standards for solid waste handling as it deems appropriate, consistent with the standards specified in this section.  The department in adopting such standards may classify areas of the state with respect to population density, climate, geology, and other relevant factors bearing on solid waste disposal standards.

(2) In addition to the minimum functional standards adopted by the department under subsection (1) of this section, each landfill facility whose area at its design capacity will exceed one hundred acres and whose horizontal height at design capacity will average one hundred feet or more above existing site elevations shall comply with the standards of this subsection.  This subsection applies only to wholly new solid waste landfill facilities, no part or unit of which has had construction commence before the effective date of this section.

(a) No landfill specified in this subsection may be located closer than two thousand feet to any drinking water supply well, in use and existing at the time of the purchase of the property.

(b) No landfill specified in this subsection may be located so that the active area is any closer than one thousand feet to the property line of adjacent land zoned as residential, existing at the time of the purchase of the property containing the active area.

(c) No landfill specified in this subsection may be located so that the active area is located within one thousand feet measured horizontally, of a stream, lake, pond, river, or saltwater body.

(d) No landfill specified in this subsection may be located so that the active area is closer than five miles to any local, state, or national park.

(e) No landfill specified in this subsection may be located over a sole source aquifer designated under the federal safe drinking water act, if such designation was effective before January 1, 1996.

(f) Each landfill specified in this subsection (2) shall be constructed with an impermeable berm around the entire perimeter of the active area of the landfill of such height, thickness, and design as will be sufficient to contain all material disposed in the event of a complete failure of the structural integrity of the landfill.

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.

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