AN
ACT Relating to underground storage tanks; amending RCW 90.76.010, 90.76.020,
90.76.040, 90.76.050, 90.76.060, and 90.76.090; adding new sections to chapter
43.131 RCW; repealing RCW 90.76.030 and 90.76.903; and providing an expiration
date.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
90.76.010 and 1989 c 346 s 2 are each amended to read as follows:
Unless
the context clearly requires otherwise, the definitions in this section apply throughout
this chapter.
(1)
"Department" means the department of ecology.
(2)
"Director" means the director of the department.
(3)
"Facility compliance tag" means a marker, constructed of metal,
plastic, or other durable material, that clearly identifies all qualifying
underground storage tanks on the particular site for which it is issued.
(4)
"Federal act" means the federal resource conservation and recovery
act, as amended (42 U.S.C. Sec. 6901, et seq.).
(((4)))
(5) "Federal regulations" means the underground storage tanks
regulations (40 C.F.R. Secs. 280 and 281) adopted by the United States
environmental protection agency under the federal act.
Except
as provided in this section and any rules adopted by the department under this
chapter, the definitions contained in the federal regulations apply to the
terms in this chapter.
Sec.
2. RCW
90.76.020 and 1989 c 346 s 3 are each amended to read as follows:
(1)
((By July 1, 1990,)) The department shall adopt rules establishing
requirements for all underground storage tanks that are regulated under the
federal act, taking into account the various classes or categories of tanks to
be regulated. The rules must be consistent with and no less stringent than the
federal regulations and consist of requirements for the following:
(a)
New underground storage tank system design, construction, installation, and
notification;
(b)
Upgrading existing underground storage tank systems;
(c)
General operating requirements;
(d)
Release detection;
(e)
Release reporting;
(f)
Out-of-service underground storage tank systems and closure; and
(g)
Financial responsibility for underground storage tanks containing regulated
substances.
(2)
((By July 1, 1990,)) The department shall adopt rules:
(a)
Establishing physical site criteria to be used in designating local
environmentally sensitive areas;
(b)
Establishing procedures for local government application for this designation;
and
(c)
Establishing procedures for local government adoption and department approval
of rules more stringent than the state-wide standards in these designated
areas.
(3)
((By July 1, 1990,)) The department shall establish by rule an
administrative and enforcement program that is consistent with and no less
stringent than the program required under the federal regulations in the areas
of:
(a)
Compliance monitoring, including procedures for recordkeeping and a program for
systematic inspections;
(b)
Enforcement;
(c)
Public participation; and
(d)
Information sharing.
(4)
((By July 1, 1990, the department shall establish a program that provides
for the tagging of underground storage tanks. Tanks are not eligible for
tagging unless the owner or operator is in compliance with the requirements of
this chapter and annual state and local tank fees have been remitted. The tank
tagging program shall be designed to ensure that tags will be clearly identifiable
to persons delivering regulated substances to underground storage tanks.
(5))) The
department shall establish a program that provides for the annual licensing of
underground storage tanks. The license shall take the form of a tank
endorsement on the facility's annual master business license issued by the
department of licensing. A tank is not eligible for a license unless the owner
or operator can demonstrate compliance with the requirements of this chapter
and the annual tank fees have been remitted. The department may revoke a tank
license if a facility is not in compliance with this chapter. The master
business license shall be displayed by the tank owner or operator in a location
clearly identifiable.
(5)(a)
The department shall issue a one-time "facility compliance tag" to
correspond with the December 22, 1998, underground storage tank compliance
deadline for corrosion, spill, and overfill protection. Facility compliance
tags may only be issued for facilities that have installed the equipment
required to meet corrosion, spill, and overfill protection standards that are
required by December 22, 1998, and at the time of tag issuance have
demonstrated financial responsibility and paid annual tank fees. The facility
shall continue to maintain compliance with corrosion, spill, and overfill
protection standards, and financial responsibility, and have remitted annual
tank fees to display a facility compliance tag. The facility compliance tag
shall be displayed on the fire emergency shutoff device, or in the absence of
such a device in close proximity to the fill pipes and clearly identifiable to
persons delivering regulated substance to underground storage tanks.
(b)
The department may revoke a facility compliance tag if a facility is not in compliance
with the requirements needed to obtain or display the tag.
(6)
The department may establish programs to certify persons who conduct
inspections, testing, closure, cathodic protection, interior tank lining,
corrective action, or other activities required under this chapter.
Certification programs shall be designed to ensure that each certification will
be effective in all jurisdictions of the state.
(((6)))
(7) When adopting rules under this chapter, the department shall consult
with the state building code council to ensure coordination with the building
and fire codes adopted under chapter 19.27 RCW.
Sec.
3. RCW
90.76.040 and 1989 c 346 s 5 are each amended to read as follows:
(1)
A city, town, or county may apply to the department to have an area within its
jurisdictional boundaries designated an environmentally sensitive area. A
city, town, or county may submit a joint application with any other city, town,
or county for joint administration under chapter 39.34 RCW of a single
environmentally sensitive area located in both jurisdictions.
(2)
A city, town, or county may adopt proposed ordinances or resolutions
establishing requirements for underground storage tanks located within an
environmentally sensitive area that are more stringent than the state-wide
standards established under RCW 90.76.020. ((If application for the
designation of an environmentally sensitive area is made later than five years
after the date of final adoption of the rules required under this chapter,))
Proposed local ordinances and resolutions shall only apply to new
underground storage tank installations. The local government adopting the
ordinances and resolutions shall submit them to the department for approval.
Disapproved ordinances and resolutions may be modified and resubmitted to the
department for approval. Proposed local ordinances and resolutions become
effective when approved by the department.
(3)
The department shall approve or disapprove each proposed local ordinance or resolution
based on the following criteria:
(a)
The area to be regulated is found to be an environmentally sensitive area based
on rules adopted by the department; and
(b)
The proposed local regulations are reasonably consistent with previously
approved local regulations for similar environmentally sensitive areas.
(4)
A city, town, or county for which a proposed local ordinance or resolution
establishing more stringent requirements is approved by the department may
establish local tank fees that meet the requirements of RCW 90.76.090, if such
fees are necessary for enhanced program administration or enforcement.
Sec.
4. RCW
90.76.050 and 1989 c 346 s 6 are each amended to read as follows:
((Regulated
substances shall not be delivered to any underground storage tank in the state
required to be tagged under RCW 90.76.020 unless proof of valid tagging is
displayed on such tank itself or the dispensing or measuring device connected
thereto or, where appropriate, in the office or kiosk of the facility where the
tank is located.)) (1) Between the effective date of this section and
December 22, 1998, persons delivering regulated substances to underground
storage tanks shall not deliver to facilities that do not have an underground
storage tank license. This subsection expires December 22, 1998.
(2)
After December 22, 1998, persons delivering regulated substances to underground
storage tanks shall not deliver to facilities that do not have a facility
compliance tag displayed as required in RCW 90.76.020(5)(a).
(3)
A supplier shall not refuse to deliver regulated substances to an underground
storage tank regulated under this chapter on the basis of its potential to leak
contents where the ((tank)) facility is either tagged as required
in ((RCW 90.76.020)) this chapter or is in compliance with
federal underground storage tank regulations and any state or local regulations
then in effect. This section does not apply to a supplier who does not
directly transfer a regulated substance into an underground storage tank.
Sec.
5. RCW
90.76.060 and 1989 c 346 s 7 are each amended to read as follows:
(1)
If necessary to determine compliance with the requirements of this chapter, an
authorized representative of the state engaged in compliance inspections,
monitoring, and testing may, by request, require an owner or operator to submit
relevant information or documents. The department may subpoena witnesses,
documents, and other relevant information that the department deems necessary.
In the case of any refusal to obey the subpoena, the superior court for any
county in which the person is found, resides, or transacts business has
jurisdiction to issue an order requiring the person to appear before the
department and give testimony or produce documents. Any failure to obey the
order of the court may be punished by the court as contempt.
(2)
Any authorized representative of the state may require an owner or operator to
conduct monitoring or testing.
(3)
Upon reasonable notice, an authorized representative of the state may enter a
premises or site subject to regulation under this chapter or in which records
relevant to the operation of an underground storage tank system are kept. In
the event of an emergency or in circumstances where notice would undermine the
effectiveness of an inspection, notice is not required. The authorized
representative may copy these records, obtain samples of regulated substances,
and inspect or conduct monitoring or testing of an underground storage tank
system.
(4)
For purposes of this section, the term "authorized representative" or
"authorized representative of the state" means an enforcement
officer, employee, or representative of the department ((or a local
government unit that has obtained enforcement authority under RCW 90.76.030)).
Sec.
6. RCW
90.76.090 and 1989 c 346 s 10 are each amended to read as follows:
(1)
((An annual state tank fee of sixty dollars per tank for fiscal years ending
June 30, 1990, and June 30, 1991, and seventy-five dollars per tank each fiscal
year thereafter, shall be paid no later than the December 31st of each fiscal
year)) An annual tank fee of one hundred dollars per tank is effective
from July 1, 1998, to June 30, 1999. Annually, beginning on July 1, 1999, and
upon a finding by the department that a fee increase is necessary, the previous
tank fee amount may be increased up to the fiscal growth factor for the next
year. The fiscal growth factor is calculated by the office of financial
management under RCW 43.135.025 for the upcoming biennium. The department
shall use the fiscal growth factor to calculate the fee for the next year and
shall publish the new fee by March 1st before the year for which the new fee is
effective. The new tank fee is effective from July 1st to June 30th of every
year. The tank fee shall be paid by every person who:
(a)
Owns an underground storage tank located in this state; and
(b)
Was required to provide notification to the department under the federal act.
This
fee is not required of persons who have (i) permanently closed their tanks, and
(ii) if required, have completed corrective action in accordance with the rules
adopted under this chapter.
(2)
The department may authorize the imposition of additional annual local tank
fees in environmentally sensitive areas designated under RCW 90.76.040. Annual
local tank fees may not exceed fifty percent of the annual state tank fee.
(3)
State and local tank fees collected under this section shall be deposited in
the account established under RCW 90.76.100.
(4)
Other than the annual local tank fee authorized for environmentally sensitive
areas, no local government may levy an annual tank fee on the ownership or
operation of an underground storage tank.
NEW
SECTION. Sec. 7. A
new section is added to chapter 43.131 RCW to read as follows:
The
underground storage tank program shall be terminated on July 1, 2009, as
provided in section 8 of this act.
NEW
SECTION. Sec. 8. A
new section is added to chapter 43.131 RCW to read as follows:
The
following acts or parts of acts, as now existing or hereafter amended, are each
repealed, effective July 1, 2010:
(1) RCW
90.76.005 and 1989 c 346 s 1;
(2) RCW
90.76.010 and 1998 c . . . s 1 (section 1 of this act)
& 1989 c 346 s 2;
(3) RCW
90.76.020 and 1998 c . . . s 2 (section 2 of this act)
& 1989 c 346 s 3;
(4) RCW
90.76.040 and 1998 c . . . s 3 (section 3 of this act)
& 1989 c 346 s 5;
(5) RCW
90.76.050 and 1998 c . . . s 4 (section 4 of this act)
& 1989 c 346 s 6;
(6) RCW
90.76.060 and 1998 c . . . s 5 (section 5 of this act)
& 1989 c 346 s 7;
(7) RCW
90.76.070 and 1989 c 346 s 8;
(8) RCW
90.76.080 and 1995 c 403 s 639 & 1989 c 346 s 9;
(9) RCW
90.76.090 and 1998 c . . . s 6 (section 6 of this act)
& 1989 c 346 s 10;
(10) RCW
90.76.100 and 1991 sp.s. c 13 s 72 & 1989 c 346 s 11;
(11) RCW
90.76.110 and 1991 c 83 s 1 & 1989 c 346 s 12;
(12) RCW
90.76.120 and 1989 c 346 s 13;
(13) RCW
90.76.900 and 1989 c 346 s 15;
(14) RCW
90.76.901 and 1989 c 346 s 14; and
(15) RCW
90.76.902 and 1989 c 346 s 18.
NEW
SECTION. Sec. 9. The
following acts or parts of acts are each repealed:
(1) RCW
90.76.030 and 1989 c 346 s 4; and
(2) RCW
90.76.903 and 1989 c 346 s 17.
