2844-S AMH .... H4308.1 Adopted 2-12-02

SHB 2844 - H AMD

By Representative

    On page 2, after line 24, insert the following:

    "NEW SECTION. Sec. 4.  A new section is added to chapter 43.21K RCW to read as follows:

    (1) In addition to any termination provisions contained in an environmental excellence program agreement, a director of an agency may terminate an environmental excellence program agreement in whole or in part with respect to a legal requirement administered by that agency, if the director finds:  (a) That after notice and a reasonable opportunity to cure, the covered facility is in violation of a material requirement of the agreement; (b) that the facility has repeatedly violated any requirements of the agreement; (c) that the operation of the facility under the agreement has caused endangerment to public health or the environment that cannot be remedied by modification of the agreement; or (d) that the facility has failed to make substantial progress in achieving the voluntary goals identified under RCW 43.21K.050(4), and these goals are material to the overall objectives of the agreement.

    (2) A director of an agency terminating an environmental excellence program agreement in any respect must provide each of the parties to the agreement with a written notice of that action specifying the extent to which the environmental excellence program agreement is to be terminated, the factual and legal basis for termination, and a description of the opportunity for judicial review of the decision to terminate the environmental excellence program agreement.

    (3) If a director terminates less than the entire environmental excellence program agreement, the owner or operator of the covered facility may elect to terminate the entire agreement as it applies to the facility.

    (4) If a director decides to terminate an environmental excellence program agreement because the facility has not been able to meet the legal requirements established under the agreement, or because operation of the facility under the agreement has caused endangerment to public health or the environment, as provided in subsection (1)(c) of this section, the director may establish in the notice of termination:  (a) Practical interim requirements for the facility that are no less stringent than the legal requirements that would apply to the facility in the absence of the agreement; and (b) a practical schedule of compliance for meeting the interim requirements.  The interim requirements and schedule of compliance shall be subject to judicial review under the provisions of RCW 43.21K.090(4).  The facility must comply with the interim requirements established under this subsection after they are final and no longer subject to judicial review until applicable permits or permit modifications have been issued under RCW 43.21K.100."

    Correct the title.

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