SENATE BILL REPORT

SB 5072

BYSenator Kreidler

Authorizing the department of ecology to participate in certain hazardous waste programs.

Senate Committee on Parks & Ecology

Senate Hearing Date(s):January 15, 1987

Majority Report:  Do pass.

      Signed by Senators Kreidler, Chairman; Rinehart, Vice Chairman; Hansen, Kiskaddon.

Senate Staff:Rick Anderson (786-7717)

                  April 9, 1987

House Committe on Environmental Affairs

AS PASSED SENATE, MARCH 10, 1987

BACKGROUND:

Federal hazardous waste management law, the Resource Conservation and Recovery Act (RCRA), allows states to implement their own programs.  The state's programs must be approved by the federal Environmental Protection Agency (EPA), and be as stringent or more stringent than RCRA.  Otherwise, the EPA implements the RCRA program.

In 1980, the Department of Ecology began a federally acceptable hazardous waste management program.  State legislative authorization was procedurally required by the EPA at that time. RCRA was substantially amended in 1984, thus requiring a modified state program.  In order to implement a state program equivalent to, or more stringent than, the 1984 RCRA program, state legislative authorization is again needed.

The 1984 RCRA amendments made several changes.  Some of the major ones are:  prohibition on the land disposal of certain wastes; special management requirements for dioxin wastes; stronger technological requirements for disposal facilities (such as liners, groundwater monitoring, and leachate detection and collection systems); restriction on burning hazardous waste for energy recovery; requiring correction of past contamination from current operator; increased fines; and a broadened definition of small quantity generators of hazardous waste (those generating 220 lbs/month or more will be required to file a report--old limit was 2200 lbs/month).

SUMMARY:

The Department of Ecology is to have state legislative authority to regulate and implement a state hazardous waste program consistent with the 1984 RCRA amendments.

Fiscal Note:      requested

Senate Committee - Testified: Elizabeth Tabbutt, Washington Environmental Council; Bruce Wishart, Sierra Club; Tom Eaton, Department of Ecology; Errett Deck; Nancy Pearson

HOUSE AMENDMENTS:

Existing statute is amended to increase maximum allowable penalties issued by the Department of Ecology to $25,000 from $10,000.

The Director may issue penalties in response to releases of "hazardous constituents" rather than "hazardous waste."  ("Hazardous constituents" is not defined in statute but will likely include any substances, products, wastes, or commodities which are designated as hazardous.)