5787-S AMH AGNR DINE 104
SSB 5787 - H COMM AMD NOT ADOPTED 4/18/03
By Committee on Agriculture & Natural Resources
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 90.48 RCW to read as follows:
(1) In order to ensure that construction projects involving the use of fill material do not pose a threat to water quality, the department may require that the suitability of potential fill material be evaluated using a leaching test included in the soil clean-up rules adopted by the department under chapter 70.105D RCW in any water quality certification issued under section 401 of the federal clean water act and in any administrative order issued under this chapter, where such certification or administrative order authorizes the placement of fill material, some or all of which will be placed in waters of the state. Any such requirement imposed by the department in a water quality certification or administrative order issued prior to the effective date of this section is ratified and approved by the legislature as a valid and reliable method for determining concentrations of chemical constituents that can be present in fill material without posing an unacceptable risk of violating water quality standards, and shall be in effect as imposed by the department for all work not completed by June 1, 2003.
(2) If the department utilizes a leaching test identified in subsection (1) of this section for a construction project, neither the project proponent nor any person or entity working on the project proponent's behalf may import fill material that contains heavy metals in concentrations that exceed the standards specified in the soil cleanup rules adopted according to chapter 70.105D RCW. If these rules specify more than one cleanup standard for a heavy metal, the department shall determine which standard applies. (3) Nothing in this section limits, in any way, the department's authority under this chapter.
NEW SECTION. Sec. 2. A new section is added to chapter 90.48 RCW to read as follows:
The department shall identify the leaching tests utilized for evaluating the potential impacts to water quality in situations where fill material is imported. The tests may include those identified in the soil clean-up rules adopted by the department under chapter 70.105D RCW. Within existing resources, the department shall assess whether this list of leaching tests provides appropriate methods for analyzing water quality impacts for all types of projects and in all circumstances where fill material is imported. The department shall also identify any gaps in leaching test methodology. The department shall report both the leaching test list and the list of test methodology gaps to the appropriate committees of the legislature by December 31, 2003.
NEW SECTION. Sec. 3.
This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."
Correct the title.
EFFECT: (1) Replaces provisions specifically authorizing the use of the Synthetic Precipitation Leaching Procedure (SPLP) with provisions: (a) allowing the Department of Ecology (DOE) to require the use of a leaching test included in the Model Toxics Control Act (MTCA) soil cleanup rules; (b) prohibiting importation of fill material containing heavy metals in concentrations exceeding the MTCA soil cleanup standards when the test is used in connection with a construction project; (c) specifying that, with respect to these circumstances involving heavy metals, the DOE determines which MTCA standard to apply if more than one standard exists; and (d)requiring the DOE to identify and assess the effectiveness of leaching tests used for evaluating potential water quality impacts from fill importation. (2) Retains the legislative ratification and approval of any conditions imposed in a water quality certification issued before the effective date of these provisions for work not completed by June 1, 2003. (3) Adds an emergency clause.