58th Legislature
2004 Regular Session

Passed by the House February 17, 2004
  Yeas 80   Nays 16

Speaker of the House of Representatives

Passed by the Senate March 5, 2004
  Yeas 49   Nays 0

President of the Senate

I, Richard Nafziger, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 2308 as passed by the House of Representatives and the Senate on the dates hereon set forth.

Chief Clerk

Governor of the State of Washington

Secretary of State
State of Washington



Passed Legislature - 2004 Regular Session
State of Washington58th Legislature2004 Regular Session

By House Committee on Fisheries, Ecology & Parks (originally sponsored by Representatives Schoesler and Cox)

READ FIRST TIME 02/06/04.   

     AN ACT Relating to requiring the department of ecology to develop specific criteria for the types of solid wastes that are allowed to be received by inert waste landfills; amending RCW 70.95.030; and adding a new section to chapter 70.95 RCW.


Sec. 1   RCW 70.95.030 and 2002 c 299 s 4 are each amended to read as follows:
     As used in this chapter, unless the context indicates otherwise:
     (1) "City" means every incorporated city and town.
     (2) "Commission" means the utilities and transportation commission.
     (3) "Committee" means the state solid waste advisory committee.
     (4) "Composted material" means organic solid waste that has been subjected to controlled aerobic degradation at a solid waste facility in compliance with the requirements of this chapter. Natural decay of organic solid waste under uncontrolled conditions does not result in composted material.
     (5) "Department" means the department of ecology.
     (6) "Director" means the director of the department of ecology.
     (7) "Disposal site" means the location where any final treatment, utilization, processing, or deposit of solid waste occurs.
     (8) "Energy recovery" means a process operating under federal and state environmental laws and regulations for converting solid waste into usable energy and for reducing the volume of solid waste.
     (9) "Functional standards" means criteria for solid waste handling expressed in terms of expected performance or solid waste handling functions.
     (10) "Incineration" means a process of reducing the volume of solid waste operating under federal and state environmental laws and regulations by use of an enclosed device using controlled flame combustion.
     (11) "Inert waste landfill" means a landfill that receives only inert waste, as determined under section 2 of this act, and includes facilities that use inert wastes as a component of fill.
"Jurisdictional health department" means city, county, city-county, or district public health department.
     (((12))) (13) "Landfill" means a disposal facility or part of a facility at which solid waste is placed in or on land and which is not a land treatment facility.
     (((13))) (14) "Local government" means a city, town, or county.
     (((14))) (15) "Modify" means to substantially change the design or operational plans including, but not limited to, removal of a design element previously set forth in a permit application or the addition of a disposal or processing activity that is not approved in the permit.
     (((15))) (16) "Multiple family residence" means any structure housing two or more dwelling units.
     (((16))) (17) "Person" means individual, firm, association, copartnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever.
     (((17))) (18) "Recyclable materials" means those solid wastes that are separated for recycling or reuse, such as papers, metals, and glass, that are identified as recyclable material pursuant to a local comprehensive solid waste plan. Prior to the adoption of the local comprehensive solid waste plan, adopted pursuant to RCW 70.95.110(2), local governments may identify recyclable materials by ordinance from July 23, 1989.
     (((18))) (19) "Recycling" means transforming or remanufacturing waste materials into usable or marketable materials for use other than landfill disposal or incineration.
     (((19))) (20) "Residence" means the regular dwelling place of an individual or individuals.
     (((20))) (21) "Sewage sludge" means a semisolid substance consisting of settled sewage solids combined with varying amounts of water and dissolved materials, generated from a wastewater treatment system, that does not meet the requirements of chapter 70.95J RCW.
     (((21))) (22) "Soil amendment" means any substance that is intended to improve the physical characteristics of the soil, except composted material, commercial fertilizers, agricultural liming agents, unmanipulated animal manures, unmanipulated vegetable manures, food wastes, food processing wastes, and materials exempted by rule of the department, such as biosolids as defined in chapter 70.95J RCW and wastewater as regulated in chapter 90.48 RCW.
     (((22))) (23) "Solid waste" or "wastes" means all putrescible and nonputrescible solid and semisolid wastes including, but not limited to, garbage, rubbish, ashes, industrial wastes, swill, sewage sludge, demolition and construction wastes, abandoned vehicles or parts thereof, and recyclable materials.
     (((23))) (24) "Solid waste handling" means the management, storage, collection, transportation, treatment, utilization, processing, and final disposal of solid wastes, including the recovery and recycling of materials from solid wastes, the recovery of energy resources from solid wastes or the conversion of the energy in solid wastes to more useful forms or combinations thereof.
     (((24))) (25) "Source separation" means the separation of different kinds of solid waste at the place where the waste originates.
     (((25))) (26) "Vehicle" includes every device physically capable of being moved upon a public or private highway, road, street, or watercourse and in, upon, or by which any person or property is or may be transported or drawn upon a public or private highway, road, street, or watercourse, except devices moved by human or animal power or used exclusively upon stationary rails or tracks.
     (((26))) (27) "Waste-derived soil amendment" means any soil amendment as defined in this chapter that is derived from solid waste as defined in RCW 70.95.030, but does not include biosolids or biosolids products regulated under chapter 70.95J RCW or wastewaters regulated under chapter 90.48 RCW.
     (((27))) (28) "Waste reduction" means reducing the amount or toxicity of waste generated or reusing materials.
     (((28))) (29) "Yard debris" means plant material commonly created in the course of maintaining yards and gardens, and through horticulture, gardening, landscaping, or similar activities. Yard debris includes but is not limited to grass clippings, leaves, branches, brush, weeds, flowers, roots, windfall fruit, vegetable garden debris, holiday trees, and tree prunings four inches or less in diameter.

NEW SECTION.  Sec. 2   A new section is added to chapter 70.95 RCW to read as follows:
     (1) The department shall, as part of the minimum functional standards for solid waste handling required under RCW 70.95.060, develop specific criteria for the types of solid wastes that are allowed to be received by inert waste landfills that seek to continue operation after February 10, 2003.
     (2) The criteria for inert waste developed under this section must, at a minimum, contain a list of substances that an inert waste landfill located in a county with fewer than forty-five thousand residents is permitted to receive if it was operational before February 10, 2003, and is located at a site with a five-year annual rainfall of twenty-five inches or less. The substances permitted for the inert waste landfills satisfying the criteria listed in this subsection must include the following types of solid waste if the waste has not been tainted, through exposure from chemical, physical, biological, or radiological substances, such that it presents a threat to human health or the environment greater than that inherent to the material:
     (a) Cured concrete, including any embedded steel reinforcing and wood;
     (b) Asphaltic materials, including road construction asphalt;
     (c) Brick and masonry;
     (d) Ceramic materials produced from fired clay or porcelain;
     (e) Glass;
     (f) Stainless steel and aluminum; and
     (g) Other materials as defined in chapter 173-350 WAC.
     (3) The department shall work with the owner or operators of landfills that do not meet the minimum functional standards for inert waste landfills to explore and implement appropriate means of transition into a limited purpose landfill that is able to accept additional materials as specified in WAC 173-350-400.

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