AN ACT Relating to hazardous waste planning and facility siting; amending RCW 70.105.010; and adding new sections to chapter 70.105 RCW.

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

Sec. 1. Section 1, chapter 101, Laws of 1975-'76 2nd ex. sess. and RCW 70.105.010 are each amended to read as follows:

The words and phrases defined in this section shall have the meanings indicated when used in this chapter unless the context clearly requires otherwise.

(1) "Department" means the department of ecology.

(2) "Director" means the director of the department of ecology or his designee.

(3) "Disposal site" means a geographical site in or upon which extremely hazardous wastes are disposed of in accordance with the provisions of this chapter.

(4) "Dispose or disposal" means the discarding or abandoning of extremely hazardous wastes or the treatment, decontamination, or recycling of such wastes once they have been discarded or abandoned.

(5) "Dangerous wastes" means any discarded, useless, unwanted, or abandoned nonradioactive substances, including but not limited to certain pesticides, or any residues or containers of such substances which are disposed of in such quantity or concentration as to pose a substantial present or potential hazard to human health, wildlife, or the environment because such wastes or constituents or combinations of such wastes:

(a) Have short-lived, toxic properties that may cause death, injury, or illness or have mutagenic, teratogenic, or carcinogenic properties; or

(b) Are corrosive, explosive, flammable, or may generate pressure through decomposition or other means.

(6) "Extremely hazardous waste" means any dangerous waste which

(a) will persist in a hazardous form for several years or more at a disposal site and which in its persistent form

(i) presents a significant environmental hazard and may be concentrated by living organisms through a food chain or may affect the genetic make-up of man or wildlife, and

(ii) is highly toxic to man or wildlife

(b) if disposed of at a disposal site in such quantities as would present an extreme hazard to man or the environment.

(7) "Person" means any person, firm, association, county, public or municipal or private corporation, agency, or other entity whatsoever.

(8) "Pesticide" shall have the meaning of the term as defined in RCW 15.58.030 as now or hereafter amended.

(9) "Solid waste advisory committee" means the same advisory committee as per RCW 70.95.040 through 70.95.070.

(10) "Hazardous waste" means dangerous waste and includes dangerous waste and extremely hazardous waste as defined by rules adopted under this chapter.

(11) "Local government" means a city, town, or county.

(12) "Moderate risk waste" means any waste that exhibits any of the properties of dangerous waste but is exempt from regulation under this chapter solely because the waste is generated in quantities below the threshold for regulation, and any household wastes which are generated from the disposal of substances identified by the department as dangerous household substances.

NEW SECTION. Sec. 2. (1) The legislature hereby finds and declares:

(a) The quality of life of the citizens of this state is based upon a large variety of consumer goods produced by the manufacturing economy of the state. The complex industrial processes that produce these goods also generate waste byproducts, some of which are hazardous to the public health and the environment.

(b) Safe and responsible management of hazardous wastes is critical to the protection of the public health and the environment and also to the economic health of the state. If environmentally sound hazardous waste facilities are not available to effectively manage the hazardous wastes produced by the many industries of the state, the state's economic activity will be hampered and cannot prosper, public health and the environment will be threatened by the increased illegal disposal, and the use of outmoded disposal practices will continue.

(c) Safe and responsible management of hazardous wastes requires an effective planning process that involves local and state governments, the public, and industry. The process must provide a more expeditious method than presently exits for siting needed hazardous waste management facilities and granting the necessary permits. The process also must provide a means for ensuring that needed facilities are environmentally sound, do not pose a threat to the public health and safety, and will not be rejected because of local opposition.

(d) Monitoring of hazardous waste management facilities and the effective enforcement of existing federal and state hazardous waste regulations are also essential to protect the public health and environment and to meet the public's concerns regarding the acceptance of needed new hazardous waste management facilities.

(e) An assurance of an adequate system which provides for full compensation for injury and damage found to be caused by hazardous waste is central to protecting the public health, safety, and welfare.

(2) The legislature, therefore, declares that it is in the public interest to establish a state policy that has the objective of ensuring that safe, effective, and economical facilities for the management of hazardous wastes are available when they are needed, and that these facilities are of a type, and operated and monitored in a manner, which protects public health and the environment. The principles underlying this policy include:

(a) Because the state's economy and quality of life are dependent on many substances and products that result in the production of hazardous wastes, all state citizens must share in the responsibility for finding safe and effective solutions to the management and disposal of hazardous wastes, including efforts to reduce the amount and hazard of this waste.

(b) Local government, state government, the public, and industry need to cooperate in an effort to plan for, and site, needed treatment and disposal facilities.

(c) It is necessary that all local communities in the state be willing to share the burden of hazardous waste management and that all local governments undertake to identify eligible zones for treatment and storage facilities within their jurisdiction.

NEW SECTION. Sec. 3. The purpose of this chapter is to establish a comprehensive state-wide framework for the planning, regulation, control, and management of hazardous waste which will prevent land, air, and water pollution and conserve the natural, economic, and energy resources of the state. To this end it is the purpose of this chapter:

(1) To provide broad powers of regulation to the department of ecology relating to management of hazardous wastes and releases of hazardous substances;

(2) To promote waste reduction and to encourage other improvements in waste management practices;

(3) To promote cooperation between state and local governments by assigning responsibilities for planning for moderate-risk waste;

(4) To provide for prevention of problems related to improper management of hazardous substances before such problems occur; and

(5) To assure that needed hazardous waste management facilities may be sited in the state, and to ensure the safe operation of the facilities.

NEW SECTION. Sec. 4. (1) The department shall develop, and shall update at least once every five years, a state hazardous waste management plan. The plan shall include, but shall not be limited to, the following elements:

(a) A state inventory and assessment of the capacity of existing facilities to treat, store, or dispose of hazardous waste;

(b) A forecast of future hazardous waste generation;

(c) A description of the plan or program required by RCW 70.105.160 to promote the waste management priorities established in RCW 70.105.150;

(d) Siting criteria as appropriated for treatment, storage, incineration, and disposal facilities, including such criteria as may be appropriate for the designation of eligible zones for treatment and storage facilities; and

(e) Siting policies as deemed appropriate by the department;

(2) Siting criteria shall be completed by December 31, 1986. Other plan components listed in subsection (1) of this section shall be completed by June 30, 1987.

(3) The department shall incorporate into the state hazardous waste management plan those elements of the local hazardous waste management plans that it deems necessary to assure effective and coordinated programs throughout the state.

NEW SECTION. Sec. 5. The department shall develop and adopt criteria for the siting of hazardous waste management facilities. To the extent practical, these criteria shall be designed to minimize the short-term and long-term risks and costs that may result from hazardous waste management facilities. These criteria may vary by type of facilities and may consider natural site characteristics and engineered protection. Criteria may be established for:

(1) Geology;

(2) Surface and groundwater hydrology;

(3) Soils;

(4) Flooding;

(5) Climatic factors;

(6) Unique or endangered flora and fauna;

(7) Transportation routes;

(8) Site access;

(9) Buffer zones;

(10) Availability of utilities and public services;

(11) Compatibility with existing uses of land;

(12) Air quality;

(13) Shorelines and wetlands;

(14) Sole-source aquifers;

(15) Natural hazards; and

(16) Other factors as determined by the department.

NEW SECTION. Sec. 6. (1) Each local government, or combination of contiguous local governments, is directed to prepare a local hazardous waste management plan which shall include the following elements:

(a) A plan or program to manage moderate-risk wastes that are generated or otherwise present within the jurisdiction. This element shall include an assessment of the quantities, types, generators, and fate of moderate-risk wastes in the jurisdiction. The purpose of this element is to develop a system of managing moderate-risk waste, appropriate to each local area, to ensure maximum protection of the environment and public health;

(b) A plan or program to provide for ongoing public involvement and public education in regard to the management of nonregulated hazardous waste. This element shall provide information regarding:

(i) The potential hazards to human health and the environment resulting from improper use and disposal of the waste; and

(ii) Proper methods of handling, reducing, recycling, and disposing of the waste;

(c) An inventory of all existing generators of hazardous waste and facilities managing hazardous waste within the jurisdiction. This inventory may be based on data provided by the department;

(d) A description of the public involvement process used in developing the plan;

(e) A description of the eligible zones designated in accordance with section 7 of this act; and

(f) Other elements as deemed appropriate by local government.

(2) To the maximum extent practicable, the local hazardous waste plan shall be coordinated with other hazardous materials-related plans and policies in the jurisdiction.

(3) In recognition of the role of the private sector in providing hazardous waste management facilities and transportation services, and in addition to other public involvement activities that may be required, local governments shall coordinate with those persons involved or potentially involved in providing such services.

(4) The department shall prepare guidelines for the development of local hazardous waste management plans. The guidelines shall be prepared in consultation with local governments and shall be completed by December 31, 1986.

(5) The local planning requirements of chapter 70.95 RCW shall not be construed to require a hazardous waste element as part of the local solid waste management plan.

(6) Local hazardous waste management plans shall be completed no later than June 30, 1990. Local governments may from time to time amend the local plan.

(7) Each local government, or combination of contiguous local governments, shall implement the local hazardous waste management plan for its jurisdiction by December 31, 1991.

(8) The department may waive the specific requirements of this section for any local government if such local government demonstrates to the satisfaction of the department that the intent of the planning requirements has been met.

NEW SECTION. Sec. 7. (1) Each local government, or combination of contiguous local governments, is directed to: (a) Designate land use zones within its jurisdiction in which hazardous waste treatment and hazardous waste storage facilities shall be permitted uses; or (b) demonstrate to the satisfaction of the department that existing zones allow such facilities. The zone designations shall be consistent with the state siting criteria adopted in accordance with section 5 of this act, except as may be approved by the department in accordance with subsection (5) of this section.

(2) In designating eligible zones for hazardous waste treatment and storage facilities, local governments shall not distinguish between the processing and handling of hazardous waste and the processing or handling of hazardous materials. This subsection does not apply in residential zones.

(3) The initial designation of zones shall be completed and submitted to the department by June 30, 1988. Local governments may from time to time amend their designated zones for hazardous waste treatment and storage facilities.

(4) Local governments without land use zoning provisions shall designate eligible geographic areas within their jurisdiction. The area designation shall be subject to the same requirements as if they were zone designations.

(5) Each local government, or combination of contiguous local governments, shall submit its designation of zones or amendments thereto to the department. The department shall approve or disapprove zone designations or amendments by June 30, 1988, or within ninety days of submission, whichever is later. The department shall approve eligible zone designations unless it determines that the proposed zone designations are not consistent with this chapter, the applicable siting criteria, or guidelines for developing designated zones. However, the department may consider local zoning in place as of January 1, 1985, or other special situations or conditions which may exist in the jurisdiction. If approval is denied, the department shall state within ninety days from the date of submission the precise facts upon which that decision is based and shall submit to the local government suggested modifications to the designation to make it consistent with the provisions and guidelines. The local government shall have ninety days after it receives recommendations from the department to make modifications designed to eliminate the inconsistencies and resubmit the designation to the department for approval. Any designations shall take effect when approved by the department.

(6) A local ordinance, permit requirement, other requirement, or decision shall not prohibit the construction of a hazardous waste treatment or hazardous waste storage facility within any zone designated and approved in accordance with this section if the proposed site for the facility is consistent with applicable state siting criteria.

(7) The department may exempt a local government from the requirements of this section if the local government can demonstrate to the satisfaction of the department that:

(a) Regulated quantities of hazardous waste have not been generated within the jurisdiction during the two calendar years immediately preceding the date that the exemption is requested; and

(b) No significant portion of land within the jurisdiction can meet the siting criteria adopted in accordance with section 5 of this act.

NEW SECTION. Sec. 8. (1) Each local government is directed to submit to the director of the department by October 31, 1987, a letter of intent stating that it intends to (a) designate eligible zones for treatment and storage facilities no later than June 30, 1988, and (b) submit a complete local hazardous waste management plan to the department no later than June 30, 1990. The letters shall also indicate whether these requirements will be completed in conjunction with other local governments.

(2) If a local government fails to submit a letter as provided in subsection (1)(b) of this section, or fails to adopt a local hazardous waste plan for its jurisdiction in accordance with the time schedule provided in this chapter, the department shall carry out the requirements of section 6 of this act and prepare a hazardous waste plan for the local jurisdiction.

NEW SECTION. Sec. 9. (1) Subject to legislative appropriations, the department may make and administer grants to local governments for preparing, updating, and implementing local hazardous waste management plans and for designating eligible zones for hazardous waste treatment and storage facilities.

(2) Local governments shall match the funds provided by the department for planning with an amount not less than twenty-five percent of the estimated cost of the work to be performed. Local governments may meet their share of costs with cash and contributed services.

(3) Recipients of grants shall meet such qualifications and follow such procedures in applying for and using grants as may be established by the department.

NEW SECTION. Sec. 10. (1) The state, through the department of ecology, hereby preempts and shall be sole decision-making authority in regard to the regulation of, and issuance of permits for, the location, construction, and operational conditions of hazardous waste disposal facilities and hazardous waste incineration facilities.

(2) Effective July 1, 1988, the state, through the department of ecology, shall preempt and be the sole decision-making authority for the regulation of, and issuance of permits for, the location, construction, and operational conditions for any hazardous waste treatment and storage facility that may be proposed in any jurisdiction where the designation of eligible zones pursuant to section 7 of this act has not been completed and approved by the department.

(3) Unless otherwise preempted in accordance with subsection (2) of this section, proposed hazardous waste treatment and storage facilities are subject to all applicable state and local laws, regulations, plans, and other requirements.

(4) In exercising its preemptive authority under this section, the department shall consider, but not be bound by, local laws and regulations.

NEW SECTION. Sec. 11. The department may adopt rules to require any person who intends to file an application for a permit for a hazardous waste management facility to file a notice of intent with the department prior to submitting the application.

NEW SECTION. Sec. 12. The department shall provide technical assistance to local governments in the preparation, review, revision, and implementation of local hazardous waste management plans.

NEW SECTION. Sec. 13. The department may adopt rules specifying procedures for facility proponents and local citizens to follow in providing opportunities for identification and resolution of issues relating to any proposed hazardous waste management facility. The department may expend funds to assist such opportunities.

NEW SECTION. Sec. 14. This chapter shall be known and may be cited as the hazardous waste management act.

NEW SECTION. Sec. 15. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 16. Sections 2 through 14 of this act are each added to chapter 70.105 RCW.