H‑0210.2   _____________________________________________

 

HOUSE BILL 1411

 

           _____________________________________________

 

State of Washington      57th Legislature     2001 Regular Session

 

By Representatives Veloria, Pennington, Cody, Campbell, Romero, Kenney, Keiser, Schual‑Berke, Santos, Dunn, Linville, Boldt, Tokuda, Kagi, Cooper, McIntire and Rockefeller

 

Read first time 01/25/2001.  Referred to Committee on Agriculture & Ecology.

_1      AN ACT Relating to public notification of releases of hazardous

_2  substances; amending RCW 70.105.005 and 70.105D.010; adding a new

_3  section to chapter 70.105 RCW; adding a new section to chapter

_4  70.105D RCW; and providing an effective date.

     

_5  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

     

_6      Sec. 1.  RCW 70.105.005 and 1985 c 448 s 2 are each amended to read

_7  as follows:

_8      The legislature hereby finds and declares:

_9      (1) The health and welfare of the people of the state depend on

10  clean and pure environmental resources unaffected by hazardous

11  waste contamination.  At the same time, the quality of life of the

12  people of the state is in part based upon a large variety of goods

13  produced by the economy of the state.  The complex industrial

14  processes that produce these goods also generate waste byproducts,

15  some of which are hazardous to the public health and the

16  environment if improperly managed.

17      (2) Safe and responsible management of hazardous waste is

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_1  necessary to prevent adverse effects on the environment and to

_2  protect public health and safety.

_3      (3) The availability of safe, effective, economical, and

_4  environmentally sound facilities for the management of hazardous

_5  waste is essential to protect public health and the environment

_6  and to preserve the economic strength of the state.

_7      (4) Strong and effective enforcement of federal and state

_8  hazardous waste laws and regulations is essential to protect the

_9  public health and the environment and to meet the public's

10  concerns regarding the acceptance of needed new hazardous waste

11  management facilities.

12      (5) Negotiation, mediation, and similar conflict resolution

13  techniques are useful in resolving concerns over the local impacts

14  of siting hazardous waste management facilities.

15      (6) Safe and responsible management of hazardous waste requires

16  an effective planning process that involves local and state

17  governments, the public, and industry.

18      (7) Public acceptance and successful siting of needed new

19  hazardous waste management facilities depends on several factors,

20  including:

21      (a) Public confidence in the safety of the facilities;

22      (b) Assurance that the hazardous waste management priorities

23  established in this chapter are being carried out to the maximum

24  degree practical;

25      (c) Recognition that all state citizens benefit from certain

26  products whose manufacture results in the generation of hazardous

27  byproducts, and that all state citizens must, therefore, share in

28  the responsibility for finding safe and effective means to manage

29  this hazardous waste; and

30      (d) Provision of adequate opportunities for citizens to meet

31  with facility operators and resolve concerns about local hazardous

32  waste management facilities.

33      (8) Due to the controversial and regional nature of facilities

34  for the disposal and incineration of hazardous waste, the

35  facilities have had difficulty in obtaining necessary local

36  approvals.  The legislature finds that there is a statewide interest

37  in assuring that such facilities can be sited.

38      It is therefore the intent of the legislature to preempt local

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_1  government's authority to approve, deny, or otherwise regulate

_2  disposal and incineration facilities, and to vest in the

_3  department of ecology the sole authority among state, regional,

_4  and local agencies to approve, deny, and regulate preempted

_5  facilities, as defined in this chapter.

_6      In addition, it is the intent of the legislature that such

_7  complete preemptive authority also be vested in the department for

_8  treatment and storage facilities, in addition to disposal and

_9  incineration facilities, if a local government fails to carry out

10  its responsibilities established in RCW 70.105.225.

11      It is further the intent of the legislature that no local

12  ordinance, permit requirement, other requirement, or decision

13  shall prohibit on the basis of land use considerations the

14  construction of a hazardous waste management facility within any

15  zone designated and approved in accordance with this chapter,

16  provided that the proposed site for the facility is consistent

17  with applicable state siting criteria.

18      (9) With the exception of the disposal site authorized for

19  acquisition under this chapter, the private sector has had the

20  primary role in providing hazardous waste management facilities

21  and services in the state.  It is the intent of the legislature that

22  this role be encouraged and continue into the future to the extent

23  feasible.  Whether privately or publicly owned and operated,

24  hazardous waste management facilities and services should be

25  subject to strict governmental regulation as provided under this

26  chapter.

27      (10) Wastes that are exempt or excluded from full regulation

28  under this chapter due to their small quantity or household origin

29  have the potential to pose significant risk to public health and

30  the environment if not properly managed.  It is the intent of the

31  legislature that the specific risks posed by such waste be

32  investigated and assessed and that programs be carried out as

33  necessary to manage the waste appropriately.  In addition, the

34  legislature finds that, because local conditions vary

35  substantially in regard to the quantities, risks, and management

36  opportunities available for such wastes, local government is the

37  appropriate level of government to plan for and carry out programs

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_1  to manage moderate-risk waste, with assistance and coordination

_2  provided by the department.

_3      (11) Because releases of hazardous substances can adversely

_4  affect the health and welfare of the public, the environment, and

_5  property values, it is in the public interest that affected

_6  communities be notified of where historic and current releases of

_7  hazardous substances have occurred and what is being done to clean

_8  them up.

     

_9      Sec. 2.  RCW 70.105D.010 and 1994 c 254 s 1 are each amended to

10  read as follows:

11      (1) Each person has a fundamental and inalienable right to a

12  healthful environment, and each person has a responsibility to

13  preserve and enhance that right.  The beneficial stewardship of the

14  land, air, and waters of the state is a solemn obligation of the

15  present generation for the benefit of future generations.

16      (2) A healthful environment is now threatened by the

17  irresponsible use and disposal of hazardous substances.  There are

18  hundreds of hazardous waste sites in this state, and more will be

19  created if current waste practices continue.  Hazardous waste sites

20  threaten the state's water resources, including those used for

21  public drinking water.  Many of our municipal landfills are current

22  or potential hazardous waste sites and present serious threats to

23  human health and environment.  The costs of eliminating these

24  threats in many cases are beyond the financial means of our local

25  governments and ratepayers.  The main purpose of chapter 2, Laws of

26  1989 is to raise sufficient funds to clean up all hazardous waste

27  sites and to prevent the creation of future hazards due to

28  improper disposal of toxic wastes into the state's land and

29  waters.

30      (3) Many farmers and small business owners who have followed

31  the law with respect to their uses of pesticides and other

32  chemicals nonetheless may face devastating economic consequences

33  because their uses have contaminated the environment or the water

34  supplies of their neighbors.  With a source of funds, the state may

35  assist these farmers and business owners, as well as those persons

36  who sustain damages, such as the loss of their drinking water

37  supplies, as a result of the contamination.

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_1      (4) It is in the public's interest to efficiently use our

_2  finite land base, to integrate our land use planning policies with

_3  our clean-up policies, and to clean up and reuse contaminated

_4  industrial properties in order to minimize industrial development

_5  pressures on undeveloped land and to make clean land available for

_6  future social use.

_7      (5) Because it is often difficult or impossible to allocate

_8  responsibility among persons liable for hazardous waste sites and

_9  because it is essential that sites be cleaned up well and

10  expeditiously, each responsible person should be liable jointly

11  and severally.

12      (6) Because releases of hazardous substances can adversely

13  affect the health and welfare of the public, the environment, and

14  property values, it is in the public interest that affected

15  communities be notified of where historic and current releases of

16  hazardous substances have occurred and what is being done to clean

17  them up.

     

18      NEW SECTION.  Sec. 3.  A new section is added to chapter 70.105

19  RCW to read as follows:

20      (1) Except as provided in subsection (4) of this section, any

21  owner or operator of a facility who knows or reasonably should

22  have known that a release of a hazardous substance has occurred at

23  the facility shall issue a public notice that the release has

24  occurred and shall describe the remedial actions that are being

25  taken to address the release.  The public notice shall be issued

26  within sixty days of the discovery of the release.

27      (2) For the purposes of this section, issuing a public notice

28  means mailing a letter to:

29      (a) Each residence and landowner of a residence within one mile

30  of the facility;

31      (b) Each business within one mile of the facility;

32      (c) Each residence, landowner of a residence, and business

33  within the area where hazardous substances have come to be located

34  as a result of the release;

35      (d) The city, county, and local health district with

36  jurisdiction within the areas described in (a), (b), and (c) of

37  this subsection; and

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_1      (e) The department of ecology.

_2      (3) A public notice shall provide the following information:

_3      (a) The common name of any hazardous substances released and,

_4  if available, the chemical abstract service registry number of

_5  these substances;

_6      (b) The address of the facility where the release occurred;

_7      (c) The date the release was discovered;

_8      (d) The cause and date of the release, if known;

_9      (e) The remedial actions being taken to address the release;

10      (f) The potential health and environmental effects of the

11  hazardous substances released; and

12      (g) The name, address, and telephone number of a contact person

13  at the facility where the release occurred.

14      (4) The following activities are not considered releases of

15  hazardous substances for the purposes of this section:

16      (a) Application of pesticides and fertilizers for their

17  intended purposes and according to label instructions;

18      (b) The lawful and nonnegligent use of hazardous household

19  substances by a natural person for personal or domestic purposes;

20      (c) The discharge of hazardous substances in compliance with

21  permits issued under chapter 70.94, 90.48, or 90.56 RCW;

22      (d) De minimis amounts of any hazardous substances leaked or

23  discharged onto the ground;

24      (e) The discharge of hazardous substances to a permitted waste

25  water treatment facility or from a permitted waste water

26  collection system or treatment facility;

27      (f) The discharge of oil from an oil-heating system that has a

28  capacity of one thousand one hundred gallons or less;

29      (g) Any spill on a public right-of-way or to surface waters of

30  the state that has previously been reported to the United States

31  coast guard and the state division of emergency management under

32  chapter 90.56 RCW; and

33      (h) Any release of hazardous substances to the air.

34      An exemption from the notification requirements as provided in

35  this subsection (4) does not imply a release from liability under

36  this chapter.

37 

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_1      NEW SECTION.  Sec. 4.  A new section is added to chapter 70.105D

_2  RCW to read as follows:

_3      (1) Except as provided in subsection (4) of this section, any

_4  owner or operator of a facility who knows or reasonably should

_5  have known that a release of a hazardous substance has occurred at

_6  the facility shall issue a public notice that the release has

_7  occurred and shall describe the remedial actions that are being

_8  taken to address the release.  The public notice shall be issued

_9  within sixty days of the discovery of the release.

10      (2) For the purposes of this section, issuing a public notice

11  means mailing a letter to:

12      (a) Each residence and landowner of a residence within one mile

13  of the facility;

14      (b) Each business within one mile of the facility;

15      (c) Each residence, landowner of a residence, and business

16  within the area where hazardous substances have come to be located

17  as a result of the release;

18      (d) The city, county, and local health district with

19  jurisdiction within the areas described in (a), (b), and (c) of

20  this subsection; and

21      (e) The department of ecology.

22      (3) A public notice shall provide the following information:

23      (a) The common name of any hazardous substances released and,

24  if available, the chemical abstract service registry number of

25  these substances;

26      (b) The address of the facility where the release occurred;

27      (c) The date the release was discovered;

28      (d) The cause and date of the release, if known;

29      (e) The remedial actions being taken to address the release;

30      (f) The potential health and environmental effects of the

31  hazardous substances released; and

32      (g) The name, address, and telephone number of a contact person

33  at the facility where the release occurred.

34      (4) The following activities are not considered releases of

35  hazardous substances for the purposes of this section:

36      (a) Application of pesticides and fertilizers for their

37  intended purposes and according to label instructions;

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_1      (b) The lawful and nonnegligent use of hazardous household

_2  substances by a natural person for personal or domestic purposes;

_3      (c) The discharge of hazardous substances in compliance with

_4  permits issued under chapter 70.94, 90.48, or 90.56 RCW;

_5      (d) De minimis amounts of any hazardous substances leaked or

_6  discharged onto the ground;

_7      (e) The discharge of hazardous substances to a permitted waste

_8  water treatment facility or from a permitted waste water

_9  collection system or treatment facility;

10      (f) The discharge of oil from an oil-heating system that has a

11  capacity of one thousand one hundred gallons or less;

12      (g) Any spill on a public right-of-way or to surface waters of

13  the state that has previously been reported to the United States

14  coast guard and the state division of emergency management under

15  chapter 90.56 RCW; and

16      (h) Any release of hazardous substances to the air.

17      An exemption from the notification requirements as provided in

18  this subsection (4) does not imply a release from liability under

19  this chapter.

     

20      NEW SECTION.  Sec. 5.  If any provision of this act or its

21  application to any person or circumstance is held invalid, the

22  remainder of the act or the application of the provision to other

23  persons or circumstances is not affected.

     

24      NEW SECTION.  Sec. 6.  Sections 3 and 4 of this act take effect

25  January 1, 2002.

 

‑‑‑ END ‑‑‑

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