SENATE BILL REPORT

SSB 5389

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

Senate Hearing Date(s):January 28, 1987; February 4, 1987

Majority Report:  That Substitute Senate Bill No. 5389 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Kreidler, Chairman; Bluechel, Hansen, Kiskaddon.

Senate Staff:Gary Wilburn (786-7453)

                  March 30, 1987

AS PASSED SENATE, FEBRUARY 20, 1987

BACKGROUND:

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

To insure 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 review and approval by the Department of Ecology of proposed local noise control ordinances.

SUMMARY:

The requirement that local governments submit proposed noise limit requirements to the Department of Ecology for approval before they become effective is eliminated.  Since no prior approval by the Department of Ecology is required, the provision for a hearing before the Pollution Control Hearings Board of any Department of Ecology disapproval of a local noise control ordinance is eliminated.

Local governments are substituted for the state in the enforcement of state noise control rules and limitations.

Fiscal Note:      none requested

Senate Committee - Testified: Tom Eaton, Department of Ecology; Jim Williams, Association of Counties

HOUSE AMENDMENTS:

Local noise limits must be approved by the Department of Ecology, and are deemed approved if the Department fails to approve or reject the limits within 90 days of submittal.  Appeals of Department disapproval may be taken to the Pollution Control Hearings Board.  Department determinations are to pay particular attention to stationary sources and temporary noise producing operations near jurisdictional boundaries.  Civil penalties imposed by local government shall be appealed pursuant to any local administrative appeal procedures.