FINAL BILL REPORT

SSB 5389

                                  C 103 L 87

BYSenate Committee on Parks and Ecology (originally sponsored by Senators Kreidler and Bluechel)

Revising noise control requirements for local government.

Senate Committee on Parks & Ecology

House Committe on Environmental Affairs

SYNOPSIS AS ENACTED

BACKGROUND:

In 1974 the Legislature authorized the Department of Ecology (DOE) to promulgate regulations for a noise control program, including maximum noise levels, noise abatement and control standards consistent with the federal Noise Control Act.  Standards and other control measures adopted by DOE are exclusive, except as allowed within the statute.  Local governments are authorized to impose limits or controls differing from those adopted by the Department when such requirements are in response to special conditions.

To ensure that local standards do not unduly depart from the statewide program standards, all local control ordinances are submitted to the Department of Ecology for approval before they become effective.  If the Department disapproves a local requirement, the local government may appeal the decision to the Pollution Control Hearings Board.

The Department of Ecology has eliminated its noise control section so there is no formal mechanism for DOE review and approval of proposed local noise control ordinances.

SUMMARY:

Local noise limits or controls differing from those adopted by the Department of Ecology must be approved by the Department, and are deemed approved if the Department does not act on the limits within 90 days of submittal.  Appeals of Department disapproval may be taken to the Pollution Control Hearings Board.  Stationary sources and temporary noise producing operations near jurisdictional boundaries are to have particular attention in Department determination.  Local governments are substituted for the state in the enforcement of state noise control rules and limitations.  Civil penalties imposed by local government shall be appealed pursuant to any local administrative appeal procedures, and if there are none, to the Pollution Control Hearings Board.  Restrictions upon adoption of local government noise control limits prior to adoption of state limits are eliminated.

VOTES ON FINAL PASSAGE:

      Senate    43     0

      House 95   1 (House amended)

      Senate    47     0 (Senate concurred)

EFFECTIVE:July 26, 1987