HOUSE BILL REPORT
ESSB 5570
As Amended by the House
BYSenate Committee on Parks & Ecology (originally sponsored by Senators Kreidler, Bluechel, Bottiger and Stratton)
Providing for regulation of incinerator residues.
House Committe on Environmental Affairs
Majority Report: Do pass with amendments. (10)
Signed by Representatives Rust, Chair; Valle, Vice Chair; Allen, Brekke, Jesernig, Pruitt, Schoon, Sprenkle, Unsoeld and Walker.
Minority Report: Do not pass. (3)
Signed by Representatives Ferguson, Lux and D. Sommers.
House Staff:Susan Gulick (786-7116)
AS PASSED HOUSE APRIL 16, 1987
BACKGROUND:
State law provides two separate regulatory schemes for wastes: hazardous waste management and solid waste management. The Hazardous Waste Management Act regulates those wastes which, after testing, are shown to have toxic characteristics. If the wastes are regulated under federal law, they are automatically regulated under state law. Some dangerous wastes are regulated under state law that are exempt from federal hazardous waste regulations. The regulation, enforcement, and management of hazardous wastes is the responsibility of the state Department of Ecology. All hazardous wastes are subject to permitting and reporting requirements.
Any waste that does not possess the characteristics of a hazardous waste is regulated as a solid waste under the Solid Waste Management Act. Primary responsibility for permitting, enforcing and regulating solid waste rests with local governments.
Both the Hazardous Waste Management Act and the Solid Waste Management Act provide waste management priorities. Waste reduction and recycling are the top two priorities, incineration is a less desirable priority and landfill is the least desirable method of waste management.
Incineration of solid waste creates two types of ash residues which must be disposed, generally in landfills. The first type of ash is "bottom ash" and consists of heavy uncombusted ash left on the grates after burning. This waste often contains the characteristics of a dangerous waste under state law but is less often classified as a hazardous waste under federal law. The second type of waste, "fly ash", comprises approximately 10 percent of the total ash and is composed of small particles trapped by air pollution control devices or otherwise removed from combustion gases. Both types of ash can contain toxic heavy metals. Fly ash, however, generally contains much higher concentrations of heavy metals than bottom ash.
It is much more expensive to dispose of ash residues if they are designated as hazardous wastes than if they are designated as solid wastes. This is due to more extensive reporting requirements for hazardous wastes as well as the lack of available hazardous waste disposal sites. Disposal costs could decrease the cost- effectiveness of operating a municipal solid waste incinerator.
SUMMARY:
A new chapter is created to regulate special incinerator ash. Special incinerator ash is defined as the incinerator ash that is regulated by state law but is not regulated as hazardous waste under federal law.
Prior to disposal, generators of special incinerator ash must prepare plans for managing the special wastes. The plans will 1) specify procedures for the protection of employees, public health, and the environment, 2) identify alternatives for managing solid waste prior to incineration, 3) require annual reporting to the Department of Ecology of test results of the toxic characteristics of the special incinerator ash, and 4) comply with rules adopted by Ecology.
Plans must be submitted to Ecology for review and approval prior to disposal of any special incinerator ash. The public may comment on the proposed plan for 30 days. Ecology must approve, approve with conditions, or deny the plans within 90 days of submittal. Disposal facilities for special incinerator ash must also obtain a permit from Ecology.
Ecology will adopt rules that 1) establish minimum requirements for the management of special incinerator ash, 2) clearly define the elements of the plan, and 3) require that ash be disposed at facilities operating in compliance with this chapter. The rules will be submitted to the appropriate standing committees of the legislature by January 1, 1988. Final rules will be adopted by April 1, 1988.
Ecology may enforce these provisions. Penalties of up to $10,000 per day may be imposed for violations.
Any person may sue to compel compliance with this act to the Pollution Control Hearings Board. In any appeals of the board's decision, the court may award attorneys fees to the prevailing party.
Incinerators that are presently in operation are exempt from these provisions for up to two years.
A joint select committee in preferred solid waste management is created. The committee shall consist of four members from the House and four members from the Senate, and will involve representatives of interested organizations. The committee will provide recommendations to the legislature on programs needed for preferred solid waste management by January 1, 1988.
Fiscal Note: Attached.
House Committee ‑ Testified For: Senator Kreidler; Land Recovery, Inc.; Skagit County; Ogden Martin Systems; Tacoma City Light.
House Committee - Testified Against: Department of Ecology; Dr. Paul Connett; Seattle/King County Municipal League; Western Washington Toxics Coalition; Sierra Club; Greenpeace; Washington Environmental Council; Washington Citizens for Recycling; Citizens.
House Committee - Testimony For: The state needs to promote an alternative to landfills. Ash disposal in landfills is safer than the disposal of raw garbage. If ash is required to go to hazardous waste landfills, the cost will be prohibitive.
House Committee - Testimony Against: Incinerator ash is toxic. As incinerator air pollution controls become more efficient, the ash becomes more toxic. Waste reduction and recycling should be more aggressively pursued before incineration is subsidized by artificially reducing the costs of ash disposal. It is senseless to reclassify wastes that have hazardous characteristics as nonhazardous waste.