1448-S AMS SPAN FLOO 008

1448-S AMS SPAN FLOO 008

SHB 1448 - S AMD - 425

By Senators Spanel and Gardner

Strike everything after the enacting clause and insert the following:

NEW SECTION. Sec. 1. In order to encourage the cleanup of contaminated areas of aquatic lands, the legislature finds that there have been efforts in Washington to pursue cooperative processes among public agencies and private parties to achieve comprehensive cleanup of toxic contamination on aquatic lands and to avoid the delays and costs of litigation that often characterize the cleanup of complex toxic waste sites. The legislature recognizes that state and local policies and practices in the past have contributed to contamination of state-owned aquatic lands. In meeting its responsibility to contribute to the remediation of contaminated sediments, the state may use state-owned aquatic lands for the disposal and remediation of contaminated sediments.

The legislature further recognizes that local governments, through the shoreline management act, chapter 90.58 RCW, and the growth management act, chapter 36.70A RCW, have planned comprehensively in conjunction with the state and with port districts for the land uses that will occur on and around aquatic lands, and that cleanup decisions should be consistent with these local plans.

Therefore the legislature declares the purpose of this act is to reaffirm the need for all state agencies, local communities, local and special purpose governments, federal agencies, tribes, and other interests to seek timely and environmentally protective cleanup solutions for state-owned aquatic lands. It is further the purpose of this act to provide criteria to guide the parties in making cleanup decisions.

NEW SECTION. Sec. 2. A new section is added to chapter 79.90 RCW to read as follows:

(1) For purposes of this section, "cooperating agencies" means the department of ecology, department of natural resources, department of fish and wildlife, general purpose and special purpose local governments, federal agencies and tribal governments that have entered a memorandum of agreement or comparable statement of intent to work cooperatively toward a comprehensive cleanup of one or more sites of contaminated aquatic lands.

(2) When evaluating alternatives for remedial action for contaminated sediments from state or federally required cleanups of aquatic areas, it is appropriate to consider the full range of cleanup and disposal alternatives, including the use of state-owned aquatic lands as part of the remedial action or as mitigation for the habitat impacts of such cleanup or disposal actions. In examining alternatives for remedial action, the cooperating agencies shall consult with other affected governments and private parties. In selecting disposal sites under this section, the cooperating agencies shall strive to limit the number of separate disposal locations.

(3) In examining a proposal to use state-owned aquatic lands for disposal or habitat mitigation, the cooperating agencies shall evaluate a range of alternatives that consider habitat impacts, impacts to navigation and water-borne commerce, cost, and the benefits of expeditiously reducing the availability of hazardous substances to the environment. The disposal or containment of contaminated sediments on state-owned aquatic lands may be made only in an approved multi-user confined aquatic disposal site, or when the following conditions are met:

(a) Such use presents the most environmentally protective option among a reasonable range of upland, nearshore, and in-water disposal options;

(b) There are no unacceptable adverse environmental impacts from the loss of nearshore vegetated aquatic habitat; and

(c) The action is consistent with applicable comprehensive land use plans adopted under chapter 36.70A RCW and shoreline master programs adopted under chapter 90.58 RCW; and

(d) The normal use of harbor areas for commerce and navigation is not impaired.

(4) If the department of ecology determines in the exercise of its regulatory authority under chapter 70.105D that the preferred alternative for remedial action involves the use of state-owned aquatic lands, and the department of natural resources disagrees with the determination, the departments shall seek to resolve their differences in a timely manner. If the departments are unable to resolve the dispute, the departments may use mediation or other methods of alternative dispute resolution to seek a resolution.

(5) In the event that the departments of ecology and natural resources are unable to resolve the dispute in following the procedures of subsection (4), the mediator or other third party facilitator used by the departments shall immediately notify the governor and the commissioner of public lands, who shall seek to resolve the dispute. If the governor and commissioner of public lands are unable within sixty days of such notification to agree upon actions to resolve the dispute, they shall immediately report the impasse, including alternatives considered and not adopted, to the standing environmental and natural resources committees of the senate and the house of representatives.

NEW SECTION. Sec. 3. The Puget Sound action team shall monitor the progress of analysis and selection of remedial action alternatives by cooperating agencies under section 2 of this act. No later than January 1 of each year beginning in 2000, the team shall provide a report on such progress to the standing environmental and natural resources committees of the senate and house of representatives.

NEW SECTION. Sec. 4. This act and the authorities granted under this act shall terminate on July 1, 2004. However, such termination shall not affect any action taken prior to such date under the authority of this act.

Renumber the sections consecutively and correct any internal references accordingly.

SHB 1448 - S AMD - 425

By Senator Spanel and Gardner

On page 1, on line 2 of the title, after "sediments;" delete everything through "section" on line 3 and insert "adding a new section to chapter 70.90 RCW; and creating new sections"