BILL REQ. #: Z-0523.5
| State of Washington | 63rd Legislature | 2014 Regular Session |
Read first time 01/17/14. Referred to Committee on Environment.
AN ACT Relating to updating specified environmental statutes of the department of ecology to improve efficiency and provide for increased flexibility for local governments; amending RCW 43.21B.305, 43.21B.110, 43.21B.110, 70.95.130, 70.95.140, 70.95.230, 70.95.240, 70.95.300, 70.107.010, 70.107.030, 70.107.060, 90.56.060, and 90.58.190; reenacting and amending RCW 90.58.090; creating a new section; repealing RCW 43.21A.610, 43.21A.612, 43.21A.614, 43.21A.616, 43.21A.618, 43.21A.620, 43.21A.622, 43.21A.624, 43.21A.626, 43.21A.628, 43.21A.630, 43.21A.632, 43.21A.634, 43.21A.636, 43.21A.638, 43.21A.640, 43.21A.642, 70.95.205, 70.95.700, 70.107.040, 70.107.050, and 90.56.335; providing an effective date; and providing an expiration date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 43.21B.305 and 2013 c 291 s 44 are each amended to
read as follows:
(((1))) In an appeal that involves a penalty of fifteen thousand
dollars or less, or that involves a derelict or abandoned vessel under
RCW 79.100.120, or an appeal of a corrective action order issued
pursuant to RCW 70.94.211, the appeal may be heard by one member of the
board or by an administrative appeals judge employed by the board,
whose decision shall be the final decision of the board. The board
shall define by rule alternative procedures to expedite appeals
involving penalties of fifteen thousand dollars or less ((or)),
involving a derelict or abandoned vessel, or involving an appeal of a
corrective action order issued pursuant to RCW 70.94.211. These
alternatives may include: Mediation, upon agreement of all parties;
submission of testimony by affidavit; or other forms that may lead to
less formal and faster resolution of appeals.
(((2) For appeals that involve a derelict or abandoned vessel under
RCW 79.100.120 only, an administrative law judge employed by the board
may be substituted for a board member under this section.))
Sec. 2 RCW 43.21B.110 and 2013 c 291 s 33 are each amended to
read as follows:
(1) The hearings board shall only have jurisdiction to hear and
decide appeals from the following decisions of the department, the
director, local conservation districts, the air pollution control
boards or authorities as established pursuant to chapter 70.94 RCW,
local health departments, the department of natural resources, the
department of fish and wildlife, the parks and recreation commission,
and authorized public entities described in chapter 79.100 RCW:
(a) Civil penalties imposed pursuant to RCW 18.104.155, 70.94.431,
70.95.315, 70.95N.260, 70.105.080, 70.107.050, 70.240.050, 70.275.100,
70.275.110, 76.09.170, 77.55.291, 78.44.250, 88.46.090, 90.03.600,
90.46.270, 90.48.144, 90.56.310, 90.56.330, ((and)) 90.64.102, and
90.76.080.
(b) Orders issued pursuant to RCW 18.104.043, 18.104.060,
18.104.130, 43.27A.190, 70.94.211, 70.94.332, 70.94.640, 70.94.715,
70.95.315, 70.95C.230, 70.105.095, 86.16.020, 88.46.070, 90.03.665,
90.14.130, 90.46.250, 90.48.120, ((and)) 90.48.240, 90.56.330, and
90.64.040.
(c) A final decision by the department or director made under
chapter 183, Laws of 2009.
(d) Except as provided in RCW 90.03.210(2), the issuance,
modification, or termination of any permit, certificate, or license by
the department or any air authority in the exercise of its
jurisdiction, including the issuance or termination of a waste disposal
permit, the denial of an application for a waste disposal permit, the
modification of the conditions or the terms of a waste disposal permit,
((or)) a decision to approve or deny a solid waste management plan
under RCW 70.95.094, an application for a solid waste permit exemption
under RCW 70.95.300, an application for a change under RCW 90.03.383,
or a permit to distribute reclaimed water under RCW 90.46.220.
(e) Decisions of local health departments regarding the grant or
denial of solid waste permits pursuant to chapter 70.95 RCW, including
appeals by the department as provided in RCW 70.95.185.
(f) Decisions of local health departments regarding the issuance
and enforcement of permits to use or dispose of biosolids under RCW
70.95J.080.
(g) Decisions of the department regarding waste-derived fertilizer
or micronutrient fertilizer under RCW 15.54.820, and decisions of the
department regarding waste-derived soil amendments under RCW
((70.95.205)) 70.95.300.
(h) Decisions of local conservation districts related to the denial
of approval or denial of certification of a dairy nutrient management
plan; conditions contained in a plan; application of any dairy nutrient
management practices, standards, methods, and technologies to a
particular dairy farm; and failure to adhere to the plan review and
approval timelines in RCW 90.64.026 as provided in RCW 90.64.028.
(i) Any other decision by the department or an air authority which
pursuant to law must be decided as an adjudicative proceeding under
chapter 34.05 RCW.
(j) Decisions of the department of natural resources, the
department of fish and wildlife, and the department that are reviewable
under chapter 76.09 RCW, and the department of natural resources'
appeals of county, city, or town objections under RCW 76.09.050(7).
(k) Forest health hazard orders issued by the commissioner of
public lands under RCW 76.06.180.
(l) Decisions of the department of fish and wildlife to issue,
deny, condition, or modify a hydraulic project approval permit under
chapter 77.55 RCW.
(m) Decisions of the department of natural resources that are
reviewable under RCW 78.44.270.
(n) Decisions of an authorized public entity under RCW 79.100.010
to take temporary possession or custody of a vessel or to contest the
amount of reimbursement owed that are reviewable by the hearings board
under RCW 79.100.120.
(2) The following hearings shall not be conducted by the hearings
board:
(a) Hearings required by law to be conducted by the shorelines
hearings board pursuant to chapter 90.58 RCW.
(b) Hearings conducted by the department pursuant to RCW 70.94.332,
70.94.390, 70.94.395, 70.94.400, 70.94.405, 70.94.410, and 90.44.180.
(c) Appeals of decisions by the department under RCW 90.03.110 and
90.44.220.
(d) Hearings conducted by the department to adopt, modify, or
repeal rules.
(3) Review of rules and regulations adopted by the hearings board
shall be subject to review in accordance with the provisions of the
administrative procedure act, chapter 34.05 RCW.
Sec. 3 RCW 43.21B.110 and 2013 c 291 s 34 are each amended to
read as follows:
(1) The hearings board shall only have jurisdiction to hear and
decide appeals from the following decisions of the department, the
director, local conservation districts, the air pollution control
boards or authorities as established pursuant to chapter 70.94 RCW,
local health departments, the department of natural resources, the
department of fish and wildlife, the parks and recreation commission,
and authorized public entities described in chapter 79.100 RCW:
(a) Civil penalties imposed pursuant to RCW 18.104.155, 70.94.431,
70.95.315, 70.95N.260, 70.105.080, 70.107.050, 70.240.050, 70.275.100,
70.275.110, 76.09.170, 77.55.291, 78.44.250, 88.46.090, 90.03.600,
90.46.270, 90.48.144, 90.56.310, 90.56.330, ((and)) 90.64.102, and
90.76.080.
(b) Orders issued pursuant to RCW 18.104.043, 18.104.060,
18.104.130, 43.27A.190, 70.94.211, 70.94.332, 70.95.315, 70.95C.230,
70.105.095, 86.16.020, 88.46.070, 90.03.665, 90.14.130, 90.46.250,
90.48.120, ((and)) 90.48.240, 90.56.330, and 90.64.040.
(c) Except as provided in RCW 90.03.210(2), the issuance,
modification, or termination of any permit, certificate, or license by
the department or any air authority in the exercise of its
jurisdiction, including the issuance or termination of a waste disposal
permit, the denial of an application for a waste disposal permit, the
modification of the conditions or the terms of a waste disposal permit,
((or)) a decision to approve or deny a solid waste management plan
under RCW 70.95.094, an application for a solid waste permit exemption
under RCW 70.95.300, an application for a change under RCW 90.03.383,
or a permit to distribute reclaimed water under RCW 90.46.220.
(d) Decisions of local health departments regarding the grant or
denial of solid waste permits pursuant to chapter 70.95 RCW, including
appeals by the department as provided in RCW 70.95.185.
(e) Decisions of local health departments regarding the issuance
and enforcement of permits to use or dispose of biosolids under RCW
70.95J.080.
(f) Decisions of the department regarding waste-derived fertilizer
or micronutrient fertilizer under RCW 15.54.820, and decisions of the
department regarding waste-derived soil amendments under RCW
((70.95.205)) 70.95.300.
(g) Decisions of local conservation districts related to the denial
of approval or denial of certification of a dairy nutrient management
plan; conditions contained in a plan; application of any dairy nutrient
management practices, standards, methods, and technologies to a
particular dairy farm; and failure to adhere to the plan review and
approval timelines in RCW 90.64.026 as provided in RCW 90.64.028.
(h) Any other decision by the department or an air authority which
pursuant to law must be decided as an adjudicative proceeding under
chapter 34.05 RCW.
(i) Decisions of the department of natural resources, the
department of fish and wildlife, and the department that are reviewable
under chapter 76.09 RCW, and the department of natural resources'
appeals of county, city, or town objections under RCW 76.09.050(7).
(j) Forest health hazard orders issued by the commissioner of
public lands under RCW 76.06.180.
(k) Decisions of the department of fish and wildlife to issue,
deny, condition, or modify a hydraulic project approval permit under
chapter 77.55 RCW.
(l) Decisions of the department of natural resources that are
reviewable under RCW 78.44.270.
(m) Decisions of an authorized public entity under RCW 79.100.010
to take temporary possession or custody of a vessel or to contest the
amount of reimbursement owed that are reviewable by the hearings board
under RCW 79.100.120.
(2) The following hearings shall not be conducted by the hearings
board:
(a) Hearings required by law to be conducted by the shorelines
hearings board pursuant to chapter 90.58 RCW.
(b) Hearings conducted by the department pursuant to RCW 70.94.332,
70.94.390, 70.94.395, 70.94.400, 70.94.405, 70.94.410, and 90.44.180.
(c) Appeals of decisions by the department under RCW 90.03.110 and
90.44.220.
(d) Hearings conducted by the department to adopt, modify, or
repeal rules.
(3) Review of rules and regulations adopted by the hearings board
shall be subject to review in accordance with the provisions of the
administrative procedure act, chapter 34.05 RCW.
Sec. 4 RCW 70.95.130 and 1969 ex.s. c 134 s 13 are each amended
to read as follows:
Any county may apply to the department on a form prescribed thereby
for financial aid for the preparation and implementation of the
comprehensive county plan for solid waste management required by RCW
70.95.080. Any city electing to prepare an independent city plan, a
joint city plan, or a joint county-city plan for solid waste management
for inclusion in the county comprehensive plan may apply for financial
aid for such purpose through the county. Every city application for
financial aid for planning shall be filed with the county auditor and
shall be included as a part of the county's application for financial
aid. Any city preparing an independent plan shall provide for disposal
sites wholly within its jurisdiction. For purposes of this section,
"disposal sites" includes transfer stations.
The department shall allocate to the counties and cities applying
for financial aid for planning, such funds as may be available pursuant
to legislative appropriations or from any federal grants for such
purpose.
The department shall determine priorities and allocate available
funds among the counties and cities applying for aid according to
criteria established by regulations of the department considering
population, urban development, environmental effects of waste disposal,
existing waste handling practices, and the local justification of their
proposed expenditures.
Sec. 5 RCW 70.95.140 and 1969 ex.s. c 134 s 14 are each amended
to read as follows:
Counties and cities shall match their planning and implementation
aid allocated by the director by an amount ((not less than)) to be
determined by the director up to twenty-five percent of the estimated
cost of such planning. Any federal planning aid made directly to a
county or city shall not be considered either a state or local
contribution in determining local matching requirements. Counties and
cities may meet their share of planning costs by cash and contributed
services.
Sec. 6 RCW 70.95.230 and 1969 ex.s. c 134 s 23 are each amended
to read as follows:
The jurisdictional health department applying for state assistance
for the enforcement of this chapter shall match such aid allocated by
the department in an amount ((not less than)) to be determined by the
department up to twenty-five percent of the total amount spent for such
enforcement activity during the year. The local share of enforcement
costs may be met by cash and contributed services.
Sec. 7 RCW 70.95.240 and 2011 c 279 s 1 are each amended to read
as follows:
(1) Except as otherwise provided in this section or at a solid
waste disposal site for which there is a valid permit, after the
adoption of regulations or ordinances by any county, city, or
jurisdictional board of health providing for the issuance of permits as
provided in RCW 70.95.160, it is unlawful for any person to dump or
deposit or permit the dumping or depositing of any solid waste onto or
under the surface of the ground or into the waters of this state.
(2) This section does not:
(a) Prohibit a person from dumping or depositing solid waste
resulting from his or her own activities onto or under the surface of
ground owned or leased by him or her when such action does not violate
statutes or ordinances, or create a nuisance;
(b) Apply to a person using a waste-derived soil amendment that has
been approved by the department under RCW ((70.95.205)) 70.95.300; or
(c) Apply to the application of commercial fertilizer that has been
registered with the department of agriculture as provided in RCW
15.54.325, and that is applied in accordance with the standards
established in RCW 15.54.800(3).
(3)(a) It is a class 3 civil infraction as defined in RCW 7.80.120
for a person to litter in an amount less than or equal to one cubic
foot.
(b)(i) It is a misdemeanor for a person to litter in an amount
greater than one cubic foot but less than one cubic yard.
(ii) A person found to have littered in an amount greater than one
cubic foot, but less than one cubic yard, shall also pay a litter
cleanup restitution payment. This payment must be the greater of twice
the actual cost of removing and properly disposing of the litter, or
fifty dollars per cubic foot of litter.
(iii) The court shall distribute one-half of the restitution
payment to the landowner where the littering occurred and one-half of
the restitution payment to the jurisdictional health department
investigating the incident. If the landowner provided written
permission authorizing the littering on his or her property or assisted
a person with littering on the landowner's property, the landowner is
not entitled to any restitution ordered by the court and the full
litter cleanup restitution payment must be provided to the
jurisdictional health department investigating the incident.
(iv) A jurisdictional health department receiving all or a portion
of a litter cleanup restitution payment must use the payment as
follows:
(A) One-half of the payment may be used by the jurisdictional
health department in the fulfillment of its responsibilities under this
chapter; and
(B) One-half of the payment must be used to assist property owners
located within the jurisdiction of the health department with the
removal and proper disposal of litter in instances when the person
responsible for the illegal dumping of the solid waste cannot be
determined.
(v) The court may, in addition to the litter cleanup restitution
payment, order the person to remove and properly dispose of the litter
from the property, with prior permission of the legal owner or, in the
case of public property, of the agency managing the property. The
court may suspend or modify the litter cleanup restitution payment for
a first-time offender under this section if the person removes and
properly disposes of the litter.
(c)(i) It is a gross misdemeanor for a person to litter in an
amount of one cubic yard or more.
(ii) A person found to have littered in an amount greater than one
cubic yard shall also pay a litter cleanup restitution payment. This
payment must be the greater of twice the actual cost of removing and
properly disposing of the litter, or one hundred dollars per cubic foot
of litter.
(iii) The court shall distribute one-half of the restitution
payment to the landowner where the littering occurred and one-half of
the restitution payment to the jurisdictional health department
investigating the incident. If the landowner provided written
permission authorizing the littering on his or her property or assisted
a person with littering on the landowner's property, the landowner is
not entitled to any restitution ordered by the court and the full
litter cleanup restitution payment must be provided to the
jurisdictional health department investigating the incident.
(iv) A jurisdictional health department receiving all or a portion
of a litter cleanup restitution payment must use the payment as
follows:
(A) One-half of the payment may be used by the jurisdictional
health department in the fulfillment of its responsibilities under this
chapter; and
(B) One-half of the payment must be used to assist property owners
located within the jurisdiction of the health department with the
removal and proper disposal of litter in instances when the person
responsible for the illegal dumping of the solid waste cannot be
determined.
(v) The court may, in addition to the litter cleanup restitution
payment, order the person to remove and properly dispose of the litter
from the property, with prior permission of the legal owner or, in the
case of public property, of the agency managing the property. The
court may suspend or modify the litter cleanup restitution payment for
a first-time offender under this section if the person removes and
properly disposes of the litter.
(4) If a junk vehicle is abandoned in violation of this chapter,
RCW 46.55.230 governs the vehicle's removal, disposal, and sale, and
the penalties that may be imposed against the person who abandoned the
vehicle.
(5) When enforcing this section, the enforcing authority must take
reasonable action to determine and identify the person responsible for
illegally dumping solid waste before requiring the owner or lessee of
the property where illegal dumping of solid waste has occurred to
remove and properly dispose of the litter on the site.
Sec. 8 RCW 70.95.300 and 1998 c 156 s 2 are each amended to read
as follows:
(1) The department may by rule ((exempt)) establish administrative
procedures governing the process to propose and approve exempting a
solid waste from the permitting requirements of this chapter for one or
more beneficial uses. In ((adopting such rules)) exempting such uses,
the department shall specify both the solid waste that is exempted from
the permitting requirements and the beneficial use or uses for which
the solid waste is so exempted. The department shall consider: (a)
Whether the ((material)) solid waste will be beneficially used or
reused; and (b) whether the beneficial use or reuse of the ((material))
solid waste will present threats to human health or the environment.
(2) When the department proposes to exempt from the permitting
requirements of this chapter one or more beneficial use or uses of a
solid waste, the department shall forward a copy of the complete
proposal to all jurisdictional health departments for review and
comment. Within forty-five days, the jurisdictional health departments
shall forward to the department their comments and any other
information they deem relevant to the department's decision whether or
not to adopt the proposal. If the proposal is adopted by the
department, the solid waste is exempt from the permitting requirements
of this chapter when used anywhere in the state in the manner approved
by the department. If the composition, use, or reuse of the solid
waste changes, or the management, storage, or end use constitutes a
threat to human health or the environment, the exemption may be
terminated and use of the solid waste remains subject to the permitting
requirements of this chapter.
(3) The department may also exempt a solid waste from the
permitting requirements of this chapter for one or more beneficial uses
by approving an application for such an exemption. The department
shall establish by rule procedures under which a person may apply to
the department for such an exemption. The rules shall establish
criteria for providing such an exemption, which shall include, but not
be limited to: (a) The ((material)) solid waste will be beneficially
used or reused; ((and)) (b) the beneficial use or reuse of the material
will not present threats to human health or the environment; and (c)
for solid waste to be applied to the land as a soil amendment,
analytical data showing that the solid waste meets standards
established under RCW 15.54.800(3). Rules adopted under this
subsection shall identify the information that an application shall
contain. Persons seeking such an exemption shall apply to the
department under the procedures established by the rules adopted under
this subsection.
(((3))) (4) After receipt of an application filed under rules
adopted under ((subsection (2) of)) this section, the department shall
review the application to determine whether it is complete, and forward
a copy of the completed application to all jurisdictional health
departments for review and comment. Within forty-five days, the
jurisdictional health departments shall forward to the department their
comments and any other information they deem relevant to the
department's decision to approve or disapprove the application. Every
complete application shall be approved or disapproved by the department
within ninety days of receipt. If the application is approved by the
department, the solid waste is exempt from the permitting requirements
of this chapter when used anywhere in the state in the manner approved
by the department. If the composition, use, or reuse of the solid
waste ((is not consistent with the terms and conditions of the
department's approval of the application,)) changes, or the management,
storage, or end use constitutes a threat to human health or the
environment, the exemption may be terminated and the use of the solid
waste remains subject to the permitting requirements of this chapter.
(((4))) (5) The department shall establish procedures by rule for
providing to the public and the solid waste industry notice of and an
opportunity to comment on each application or proposal for an exemption
under ((subsection (2) of)) this section.
(((5) Any jurisdictional health department or applicant)) (6) Any
aggrieved party may appeal the decision of the department to approve or
disapprove an application or adopt a proposal under ((subsection (3)
of)) this section. The appeal shall be made to the pollution control
hearings board by filing with the hearings board a notice of appeal
within thirty days of the decision of the department. The hearings
board's review of the decision shall be made in accordance with chapter
43.21B RCW and any subsequent appeal of a decision of the board shall
be made in accordance with RCW 43.21B.180.
(((6))) (7) This section shall not be deemed to invalidate the
exemptions or determinations of nonapplicability in the department's
solid waste rules as they exist on June 11, 1998, which exemptions and
determinations are recognized and confirmed subject to the department's
continuing authority to modify or revoke those exemptions or
determinations by rule.
Sec. 9 RCW 70.107.010 and 1974 ex.s. c 183 s 1 are each amended
to read as follows:
The legislature finds that inadequately controlled noise adversely
affects the health, safety and welfare of the people, the value of
property, and the quality of the environment. ((Antinoise measures of
the past have not adequately protected against the invasion of these
interests by noise. There is a need, therefore, for an expansion of
efforts statewide directed toward the abatement and control of noise,
considering the social and economic impact upon the community and the
state.)) The purpose of this chapter is to provide authority for
((such an expansion of efforts, supplementing existing programs in the
field)) local governments to adopt and enforce regulations on noise.
Sec. 10 RCW 70.107.030 and 2011 c 171 s 107 are each amended to
read as follows:
The department ((is empowered as follows:)) shall adopt rules setting model standards for
noise control regulation by local governments in identified
environments in order to protect against adverse ((
(1) The department, after consultation with state agencies
expressing an interest therein, shall adopt, by rule, maximum noise
levels permissibleaffects)) effects of
noise on the health, safety, and welfare of the people, the value of
property, and the quality of environment((: PROVIDED, That in so
doing)). The department shall take ((also)) into account the economic
and practical benefits to be derived from the use of various products
in each such environment, whether the source of the noise or the use of
such products in each environment is permanent or temporary in nature,
and the state of technology relative to the control of noise generated
by all such sources of the noise or the products.
(((2) At any time after the adoption of maximum noise levels under
subsection (1) of this section the department shall, in consultation
with state agencies and local governments expressing an interest
therein, adopt rules, consistent with the Federal Noise Control Act of
1972 (86 Stat. 1234; 42 U.S.C. Sec. 4901-4918 and 49 U.S.C. Sec. 1431),
for noise abatement and control in the state designed to achieve
compliance with the noise level adopted in subsection (1) of this
section, including reasonable implementation schedules where
appropriate, to insure that the maximum noise levels are not exceeded
and that application of the best practicable noise control technology
and practice is provided. These rules may include, but shall not be
limited to:))
(a) Performance standards setting allowable noise limits for the
operation of products which produce noise;
(b) Use standards regulating, as to time and place, the operation
of individual products which produce noise above specified levels
considering frequency spectrum and duration: PROVIDED, The rules shall
provide for temporarily exceeding those standards for stated purposes;
and
(c) Public information requirements dealing with disclosure of
levels and characteristics of noise produced by products.
(3) The department may, as desirable in the performance of its
duties under this chapter, conduct surveys, studies and public
education programs, and enter into contracts.
(4) The department is authorized to apply for and accept moneys
from the federal government and other sources to assist in the
implementation of this chapter.
(5) The legislature recognizes that the operation of motor vehicles
on public highways as defined in RCW 46.09.310 contributes
significantly to environmental noise levels and directs the department,
in exercising the rule-making authority under the provisions of this
section, to give first priority to the adoption of motor vehicle noise
performance standards.
(6) Noise levels and rules adopted by the department pursuant to
this chapter shall not be effective prior to March 31, 1975.
Sec. 11 RCW 70.107.060 and 1987 c 103 s 1 are each amended to
read as follows:
(1) Nothing in this chapter shall be construed to deny, abridge or
alter alternative rights of action or remedies in equity or under
common law or statutory law, criminal or civil.
(2) Nothing in this chapter shall deny, abridge or alter any
powers, duties, and functions relating to noise abatement and control
now or hereafter vested in any state agency, nor shall this chapter be
construed as granting jurisdiction over the industrial safety and
health of employees in workplaces of the state, as now or hereafter
vested in the department of labor and industries.
(3) ((Standards and other control measures adopted by the
department under this chapter shall be exclusive except as hereinafter
provided.)) A local government may impose limits or control sources
differing from those adopted ((or controlled)) by the department ((upon
a finding that such requirements are necessitated by special
conditions. Noise limiting requirements of local government which
differ from those adopted or controlled by the department shall be
invalid unless first approved by the department. If the department of
ecology fails to approve or disapprove standards submitted by local
governmental jurisdictions within ninety days of submittal, such
standards shall be deemed approved. If disapproved, the local
government may appeal the decision to the pollution control hearings
board which shall decide the appeal on the basis of the provisions of
this chapter, and the applicable regulations, together with such
briefs, testimony, and oral argument as the hearings board in its
discretion may require. The department determination of whether to
grant approval shall depend on the reasonableness and practicability of
compliance. Particular attention shall be given to stationary sources
located near jurisdictional boundaries, and temporary noise producing
operations which may operate across one or more jurisdictional
boundaries)) pursuant to RCW 70.107.030.
(4) In carrying out the rule-making authority provided in this
chapter, the department shall follow the procedures of the
administrative procedure act, chapter 34.05 RCW, and shall take care
that no rules adopted purport to exercise any powers preempted by the
United States under federal law.
Sec. 12 RCW 90.56.060 and 2010 1st sp.s. c 7 s 73 are each
amended to read as follows:
(1) The department shall prepare and annually update a statewide
master oil and hazardous substance spill prevention and contingency
plan. In preparing the plan, the department shall consult with an
advisory committee representing diverse interests concerned with oil
and hazardous substance spills, including the United States coast
guard, the federal environmental protection agency, state agencies,
local governments, port districts, private facilities, environmental
organizations, oil companies, shipping companies, containment and
cleanup contractors, tow companies, and hazardous substance
manufacturers.
(2) The state master plan prepared under this section shall at a
minimum:
(a) Take into consideration the elements of oil spill prevention
and contingency plans approved or submitted for approval pursuant to
this chapter and chapter 88.46 RCW and oil and hazardous substance
spill contingency plans prepared pursuant to other state or federal law
or prepared by federal agencies and regional entities;
(b) State the respective responsibilities as established by
relevant statutes and rules of each of the following in the prevention
of and the assessment, containment, and cleanup of a worst case spill
of oil or hazardous substances into the environment of the state: (i)
State agencies; (ii) local governments; (iii) appropriate federal
agencies; (iv) facility operators; (v) property owners whose land or
other property may be affected by the oil or hazardous substance spill;
and (vi) other parties identified by the department as having an
interest in or the resources to assist in the containment and cleanup
of an oil or hazardous substance spill;
(c) State the respective responsibilities of the parties identified
in (b) of this subsection in an emergency response;
(d) Identify actions necessary to reduce the likelihood of spills
of oil and hazardous substances;
(e) Identify and obtain mapping of environmentally sensitive areas
at particular risk to oil and hazardous substance spills;
(f) Establish an incident command system for responding to oil and
hazardous substances spills; and
(g) Establish a process for immediately notifying affected tribes
of any oil spill.
(3) In preparing and updating the state master plan, the department
shall:
(a) Consult with federal, provincial, municipal, and community
officials, other state agencies, the state of Oregon, and with
representatives of affected regional organizations;
(b) Submit the draft plan to the public for review and comment; and
(c) ((Submit to the appropriate standing committees of the
legislature for review, not later than November 1st of each year, the
plan and any annual revision of the plan; and)) Require or schedule unannounced oil spill drills as required
by RCW 90.56.260 to test the sufficiency of oil spill contingency plans
approved under RCW 90.56.210.
(d)
(((4) The department shall evaluate the functions of advisory
committees created by the department regarding oil spill prevention,
preparedness, and response programs, and shall revise or eliminate
those functions which are no longer necessary.))
Sec. 13 RCW 90.58.090 and 2011 c 353 s 14 and 2011 c 277 s 2 are
each reenacted and amended to read as follows:
(1) A master program, segment of a master program, or an amendment
to a master program shall become effective when approved by the
department as provided in subsection (7) of this section. Within the
time period provided in RCW 90.58.080, each local government shall have
submitted a master program, either totally or by segments, for all
shorelines of the state within its jurisdiction to the department for
review and approval.
The department shall strive to achieve final action on a submitted
master program within one hundred eighty days of receipt and shall post
an annual assessment related to this performance benchmark on the
agency web site.
(2) Upon receipt of a proposed master program or amendment, the
department shall:
(a) Provide notice to and opportunity for written comment by all
interested parties of record as a part of the local government review
process for the proposal and to all persons, groups, and agencies that
have requested in writing notice of proposed master programs or
amendments generally or for a specific area, subject matter, or issue.
The comment period shall be at least thirty days, unless the department
determines that the level of complexity or controversy involved
supports a shorter period;
(b) In the department's discretion, conduct a public hearing during
the thirty-day comment period in the jurisdiction proposing the master
program or amendment;
(c) Within fifteen days after the close of public comment, request
the local government to review the issues identified by the public,
interested parties, groups, and agencies and provide a written response
as to how the proposal addresses the identified issues;
(d) Within thirty days after receipt of the local government
response pursuant to (c) of this subsection, make written findings and
conclusions regarding the consistency of the proposal with the policy
of RCW 90.58.020 and the applicable guidelines, provide a response to
the issues identified in (c) of this subsection, and either approve the
proposal as submitted, recommend specific changes necessary to make the
proposal approvable, or deny approval of the proposal in those
instances where no alteration of the proposal appears likely to be
consistent with the policy of RCW 90.58.020 and the applicable
guidelines. The written findings and conclusions shall be provided to
the local government, and made available to all interested persons,
parties, groups, and agencies of record on the proposal;
(e) If the department recommends changes to the proposed master
program or amendment, within thirty days after the department mails the
written findings and conclusions to the local government, the local
government may:
(i) Agree to the proposed changes by written notice to the
department; or
(ii) Submit an alternative proposal. If, in the opinion of the
department, the alternative is consistent with the purpose and intent
of the changes originally submitted by the department and with this
chapter it shall approve the changes and provide notice to all
recipients of the written findings and conclusions. If the department
determines the proposal is not consistent with the purpose and intent
of the changes proposed by the department, the department may resubmit
the proposal for public and agency review pursuant to this section or
reject the proposal.
(3) The department shall approve the segment of a master program
relating to shorelines unless it determines that the submitted segments
are not consistent with the policy of RCW 90.58.020 and the applicable
guidelines.
(4) The department shall approve the segment of a master program
relating to critical areas as defined by RCW 36.70A.030(5) provided the
master program segment is consistent with RCW 90.58.020 and applicable
shoreline guidelines, and if the segment provides a level of protection
of critical areas ((at least equal to that provided by the local
government's critical areas ordinances adopted and thereafter amended
pursuant to RCW 36.70A.060(2))) that ensures no net loss of shoreline
ecological functions necessary to sustain shoreline natural resources
as defined by department guidelines adopted pursuant to RCW 90.58.060.
(5) The department shall approve those segments of the master
program relating to shorelines of statewide significance only after
determining the program provides the optimum implementation of the
policy of this chapter to satisfy the statewide interest. If the
department does not approve a segment of a local government master
program relating to a shoreline of statewide significance, the
department may develop and by rule adopt an alternative to the local
government's proposal.
(6) In the event a local government has not complied with the
requirements of RCW 90.58.070 it may thereafter upon written notice to
the department elect to adopt a master program for the shorelines
within its jurisdiction, in which event it shall comply with the
provisions established by this chapter for the adoption of a master
program for such shorelines.
Upon approval of such master program by the department it shall
supersede such master program as may have been adopted by the
department for such shorelines.
(7) A master program or amendment to a master program takes effect
when and in such form as approved or adopted by the department. The
effective date is fourteen days from the date of the department's
written notice of final action to the local government stating the
department has approved or rejected the proposal. For master programs
adopted by rule, the effective date is governed by RCW 34.05.380. The
department's written notice to the local government must conspicuously
and plainly state that it is the department's final decision and that
there will be no further modifications to the proposal.
(a) Shoreline master programs that were adopted by the department
prior to July 22, 1995, in accordance with the provisions of this
section then in effect, shall be deemed approved by the department in
accordance with the provisions of this section that became effective on
that date.
(b) The department shall maintain a record of each master program,
the action taken on any proposal for adoption or amendment of the
master program, and any appeal of the department's action. The
department's approved document of record constitutes the official
master program.
(8) Promptly after approval or disapproval of a local government's
shoreline master program or amendment, the department shall publish a
notice consistent with RCW 36.70A.290 that the shoreline master program
or amendment has been approved or disapproved. This notice must be
filed for all shoreline master programs or amendments. If the notice
is for a local government that does not plan under RCW 36.70A.040, the
department must, on the day the notice is published, notify the
legislative authority of the applicable local government by telephone
or electronic means, followed by written communication as necessary, to
ensure that the local government has received the full written decision
of the approval or disapproval.
Sec. 14 RCW 90.58.190 and 2012 c 172 s 1 are each amended to read
as follows:
(1) The appeal of the department's decision to adopt a master
program or amendment pursuant to RCW 90.58.070(2) or 90.58.090(5) is
governed by RCW 34.05.510 through 34.05.598.
(2)(a) The department's final decision to approve or reject a
proposed master program or master program amendment by a local
government planning under RCW 36.70A.040 shall be appealed to the
growth management hearings board by filing a petition as provided in
RCW 36.70A.290.
(b) If the appeal to the growth management hearings board concerns
shorelines, the growth management hearings board shall review the
proposed master program or amendment solely for compliance with the
requirements of this chapter, the policy of RCW 90.58.020 and the
applicable guidelines, the internal consistency provisions of RCW
36.70A.070, 36.70A.040(4), 35.63.125, and 35A.63.105, and chapter
43.21C RCW as it relates to the adoption of master programs and
amendments under chapter 90.58 RCW.
(c) If the appeal to the growth management hearings board concerns
a shoreline of statewide significance, the board shall uphold the
decision by the department unless the board, by clear and convincing
evidence, determines that the decision of the department is
noncompliant with the policy of RCW 90.58.020 or the applicable
guidelines, or chapter 43.21C RCW as it relates to the adoption of
master programs and amendments under this chapter.
(d) The appellant has the burden of proof in all appeals to the
growth management hearings board under this subsection.
(e) Any party aggrieved by a final decision of the growth
management hearings board under this subsection may appeal the decision
to superior court as provided in RCW 36.70A.300.
(3)(a) The department's final decision to approve or reject a
proposed master program or master program amendment by a local
government not planning under RCW 36.70A.040 shall be appealed to the
shorelines hearings board by filing a petition within thirty days of
the date that the department publishes notice of its final decision
under RCW 90.58.090(8).
(b) In an appeal relating to shorelines, the shorelines hearings
board shall review the proposed master program or master program
amendment and, after full consideration of the presentations of the
parties, shall determine the validity of the local government's master
program or amendment in light of the policy of RCW 90.58.020 and the
applicable guidelines, and chapter 43.21C RCW as it relates to the
adoption of master programs and amendments under this chapter.
(c) In an appeal relating to shorelines of statewide significance,
the shorelines hearings board shall uphold the decision by the
department unless the board determines, by clear and convincing
evidence that the decision of the department is noncompliant with the
policy of RCW 90.58.020 or the applicable guidelines, or chapter 43.21C
RCW as it relates to the adoption of master programs and amendments
under this chapter.
(d) Review by the shorelines hearings board shall be considered an
adjudicative proceeding under chapter 34.05 RCW, the administrative
procedure act. The appellant shall have the burden of proof in all
such reviews.
(e) Whenever possible, the review by the shorelines hearings board
shall be heard within the county where the land subject to the proposed
master program or master program amendment is primarily located. The
department and any party aggrieved by a final decision of the hearings
board may appeal the decision to superior court as provided in chapter
34.05 RCW.
(((4) A master program amendment shall become effective after the
approval of the department or after the decision of the growth
management hearings board or shorelines hearings board to uphold the
master program or master program amendment, provided that either the
growth management hearings board or the shorelines hearings board may
remand the master program or master program amendment to the local
government or the department for modification prior to the final
adoption of the master program or master program amendment.))
NEW SECTION. Sec. 15 Section 2 of this act expires June 30,
2019.
NEW SECTION. Sec. 16 Section 3 of this act takes effect June 30,
2019.
NEW SECTION. Sec. 17 On the effective date of this section, the
state treasurer shall transfer any money remaining in the vessel
response account to the coastal protection fund created in RCW
90.48.390.
NEW SECTION. Sec. 18 The following acts or parts of acts are
each repealed:
(1) RCW 43.21A.610 (Steam electric generating plant -- Study--Construction) and 2009 c 549 s 5088, 1988 c 127 s 10, & 1965 c 8 s
43.21.250;
(2) RCW 43.21A.612 (Steam electric generating plant -- Statement of
intention -- Construction by public utility, operating agency, or the
department, procedure -- Powers of director of community, trade, and
economic development) and 1995 c 399 s 68, 1988 c 127 s 11, 1985 c 466
s 49, & 1965 c 8 s 43.21.260;
(3) RCW 43.21A.614 (Steam electric generating plant -- Powers of
director in constructing, operating and maintaining) and 1988 c 127 s
12 & 1965 c 8 s 43.21.270;
(4) RCW 43.21A.616 (Steam electric generating plant -- Eminent
domain) and 1988 c 127 s 13 & 1965 c 8 s 43.21.280;
(5) RCW 43.21A.618 (Steam electric generating plant -- State not
financially obligated -- Separation and expenditure of funds) and 1988 c
127 s 14 & 1965 c 8 s 43.21.290;
(6) RCW 43.21A.620 (Steam electric generating plant -- Revenue bonds
and warrants) and 2009 c 549 s 5089, 1988 c 127 s 15, & 1965 c 8 s
43.21.300;
(7) RCW 43.21A.622 (Steam electric generating plant -- Special
funds -- Payment of bonds, interest) and 1988 c 127 s 16 & 1965 c 8 s
43.21.310;
(8) RCW 43.21A.624 (Steam electric generating plant -- Considerations
in issuance of bonds, limitations) and 1988 c 127 s 17 & 1965 c 8 s
43.21.320;
(9) RCW 43.21A.626 (Steam electric generating plant -- Resolution
authorizing issuance of bonds, contents, covenants) and 1988 c 127 s 18
& 1965 c 8 s 43.21.330;
(10) RCW 43.21A.628 (Steam electric generating plant -- Sale of
bonds) and 1988 c 127 s 19, 1970 ex.s. c 56 s 61, 1969 ex.s. c 232 s
32, & 1965 c 8 s 43.21.340;
(11) RCW 43.21A.630 (Steam electric generating plant -- Examination,
registration of bonds by state auditor -- Defects, irregularities) and
2009 c 549 s 5090 & 1965 c 8 s 43.21.350;
(12) RCW 43.21A.632 (Steam electric generating plant -- Rates or
charges) and 1988 c 127 s 20 & 1965 c 8 s 43.21.360;
(13) RCW 43.21A.634 (Steam electric generating plant -- Refunding
revenue bonds) and 1988 c 127 s 21 & 1965 c 8 s 43.21.370;
(14) RCW 43.21A.636 (Steam electric generating plant -- Signatures on
bonds) and 1965 c 8 s 43.21.380;
(15) RCW 43.21A.638 (Steam electric generating plant -- Provisions of
law, resolution, a contract with bondholder -- Enforcement) and 1988 c
127 s 22 & 1965 c 8 s 43.21.390;
(16) RCW 43.21A.640 (Steam electric generating plant -- Bonds are
legal security, investment, negotiable) and 1965 c 8 s 43.21.400;
(17) RCW 43.21A.642 (Steam electric generating plant -- Director not
authorized to acquire other facilities or engage in retail
distribution) and 1988 c 127 s 23 & 1965 c 8 s 43.21.410;
(18) RCW 70.95.205 (Exemption from solid waste permit
requirements -- Waste-derived soil amendments -- Application -- Revocation of
exemption -- Appeal) and 1998 c 36 s 18;
(19) RCW 70.95.700 (Solid waste incineration or energy recovery
facility -- Environmental impact statement requirements) and 1989 c 431
s 55;
(20) RCW 70.107.040 (Technical advisory committee) and 1975-'76 2nd
ex.s. c 34 s 164 & 1974 ex.s. c 183 s 4;
(21) RCW 70.107.050 (Civil penalties) and 1987 c 103 s 2 & 1974
ex.s. c 183 s 5; and
(22) RCW 90.56.335 (Vessel response account -- Dedicated rescue tug)
and 2003 c 264 s 3.