HOUSE BILL REPORT

                  HB 1419

             As Reported By House Committee On:

                    Agriculture & Ecology

Title:  An act relating to solid waste permit renewal.

Brief Description:  Revising provisions for solid waste permits.

Sponsors:  Representatives Chandler, Linville and Regala; by request of Department of Ecology.

Brief History:

Committee Activity:

Agriculture & Ecology:  2/5/97, 3/3/97 [DPS].

HOUSE COMMITTEE ON AGRICULTURE & ECOLOGY

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  Signed by 11 members:  Representatives Chandler, Chairman; Parlette, Vice Chairman; Schoesler, Vice Chairman; Linville, Ranking Minority Member; Anderson, Assistant Ranking Minority Member; Cooper; Delvin; Koster; Mastin; Regala and Sump.

Staff:  Rick Anderson (786-7114).

Background:  Local health jurisdictions are responsible for issuing permits to solid waste facilities.  In issuing permits, the local health department must determine if the solid waste facility meets local health and zoning requirements, the local solid waste management plan, and all applicable state and federal solid waste laws and regulations.  Current state law requires these permits to be renewed annually.  A local health jurisdiction is not required to hold a public hearing prior to making a permit decision.  The term "solid waste handling facility" refers to all types of solid waste facilities, including recycling centers, transfer stations, drop-boxes, landfills, and incinerators. 

Summary of Substitute Bill:  A local health jurisdiction is authorized to renew a permit for an existing solid waste handling facilities for a period of one to five years.  The decision on the duration of the permit is to be determined by the local health jurisdiction issuing the permit.  A local health jurisdiction may hold a public hearing prior to issuing a permit for any solid waste handling facility if the term of the permit is longer than one year.  A solid waste facility must be issued a permit if it is substantially modified.

The Department of Ecology, in conjunction with the Solid Waste Advisory Committee, is directed to undertake a study of the solid waste regulatory system.  By December 15, 1997, the Department of Ecology must submit specific recommendations to the Legislature on changes to the solid waste regulatory system.  The department is directed to recommend regulatory changes to various categories of solid waste materials such that the regulations better reflect the risks posed by these materials. 

Substitute Bill Compared to Original Bill:  The substitute bill adds the study and reporting requirements.  The substitute bill makes technical clarifications relating to when and how a local health jurisdiction issues a new permit or a permit renewal and clarifies that a local health jurisdiction can charge a fee for issuing a permit renewal.

Appropriation:  None.

Fiscal Note:  Requested on March 3, 1997.

Effective Date of Substitute Bill:  Ninety days after adjournment of session in which bill is passed.

Testimony For:  Allowing local health jurisdictions to renew solid waste facility permits for up to five years is an example of regulatory reform.  This will relieve local jurisdictions from the burden of having to renew permits annually.  The Department of Ecology has been working with the state Solid Waste Advisory Committee on the possibility of conducting a study of the current solid waste regulatory structure.  Many elements of the solid waste stream are commodities.  Regulating these commodities as a solid waste probably doesn=t provide any public health benefits and acts as an impediment to recycling.

Testimony Against:  None.

Testified:  Jim Pendowski, Department of Ecology (pro); Gregg Grunenfelder, Washington State Association of Local Public Health Officials (pro); and Bill Vogler, Washington State Association of Counties (pro).