BILL REQ. #:  H-0530.1 

Read first time 01/14/09.   Referred to Committee on Ecology & Parks.

     AN ACT Relating to exempting agricultural anaerobic digesters from solid waste handling permitting; amending RCW 70.95.170; and adding a new section to chapter 70.95 RCW.

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

Sec. 1   RCW 70.95.170 and 1998 c 156 s 3 are each amended to read as follows:
     Except as provided otherwise in RCW 70.95.305 ((or)), 70.95.310, or section 2 of this act, after approval of the comprehensive solid waste plan by the department no solid waste handling facility or facilities shall be maintained, established, or modified until the county, city, or other person operating such site has obtained a permit pursuant to RCW 70.95.180 or 70.95.190.

NEW SECTION.  Sec. 2   A new section is added to chapter 70.95 RCW to read as follows:
     (1) By September 1, 2009, the department and the department of agriculture, in consultation with the department of health, shall make available to livestock producers clearly written guidelines for the anaerobic codigestion of livestock manure and certain organic waste- derived materials. For the purposes of this section, anaerobic digester has the same definition as provided in RCW 82.08.900. Anaerobic digesters that meet the criteria under this section are exempt from solid waste permitting as required under RCW 70.95.170. The criteria for an exemption includes:
     (a) The anaerobic digester processes primarily livestock manure;
     (b) In addition to livestock manure, the anaerobic digester processes organic waste-derived materials, and any of these materials that are likely to contain animal byproducts are preconsumer in nature and source-separated;
     (c) The anaerobic digester is constructed and operated in accordance with the national resources conservation service conservation practice standard 366 in effect as of January 1, 2009;
     (d) All liquid and solid digestate from the anaerobic digester is handled as a dairy nutrient in compliance with chapter 90.64 RCW or is tested to demonstrate a risk to public health that does not exceed that of class A biosolids as determined under 40 C.F.R. Part 503.32 in effect as of January 1, 2009, and this testing is made available to the jurisdictional health department; and
     (e) The anaerobic digester operator submits an annual report to the jurisdictional health department that quantifies and characterizes the nonmanure waste received. The anaerobic digester operator must include test data if required under (d) of this subsection.
     (2) If an anaerobic digester does not operate in compliance with the criteria established for an exemption under subsection (1) of this section, the facility is subject to the permitting requirements for solid waste handling under this chapter.