FINAL BILL REPORT

SSB 5570

PARTIAL VETO

                                  C 528 L 87

BYSenate Committee on Parks & Ecology (originally sponsored by Senators Kreidler, Bluechel, Bottiger and Stratton)

Providing for regulation of incinerator residues.

Senate Committee on Parks & Ecology

House Committe on Environmental Affairs

SYNOPSIS AS ENACTED

BACKGROUND:

Incineration has become a leading option for solid waste disposal for many cities and counties in the state.  Several are seriously considering incinerators, and a few, including Spokane and Tacoma, are currently building facilities.  Incinerators have been viewed as more desirable than landfills for disposing of garbage.  Several landfills in the state are creating environmental problems such as groundwater contamination and methane gas migration.

Disposal of incinerator ash may be difficult given current state law.  The Department of Ecology conducted a multi-state study this past summer to measure the toxicity of incinerator ash residues.  The Department found that "bottom ash" (a relatively heavy ash residue that does not become airborne after combustion) would probably be marginally designated as a dangerous waste under current state law.  It also found that "fly ash" (a relatively light ash residue that does become airborne after combustion) exhibited properties that would likely designate it as either a dangerous or extremely hazardous waste.  State law regulating hazardous wastes is currently more stringent than federal law.

Incineration may not be an economically feasible option if the ash residues must be transported to hazardous waste landfills.  Many states and countries allow incinerator ash to be disposed in traditional solid waste landfills.  Washington has not yet addressed the issue.

SUMMARY:

A new chapter is established to regulate incinerator ash residues from solid waste incinerators.  Incinerator ash residues will be disposed of in municipal solid waste landfills, provided that the ash meets all appropriate federal requirements.

The Department is given broad authority to require solid waste landfills to meet additional standards for the management of ash residues, including, but not limited to, the design, construction, and operation of landfills.  The Department of Ecology is given enforcement authority to:  levy fines, issue compliance orders and injunctions, and to prosecute violators.

Owners and/or operators of municipal incinerators are to develop plans, prior to disposal, regarding the handling and management of ash residues.  Management plans will be subject to the Department's review and approval and will be incorporated into a permit for incinerator ash residues.  The Department of Ecology will have 90 days to approve, deny, or conditionally approve the permit.

Persons aggrieved by the Department's actions regarding incinerator ash may file suit with the Pollution Control Hearings Board.

A joint select committee for preferred solid waste management is established to develop recommendations for waste reduction and recycling.

VOTES ON FINAL PASSAGE:

      Senate    39     7

      House 82  14 (House amended)

      Senate    32    15 (Senate concurred)

EFFECTIVE:May 19, 1987

Partial Veto Summary:  The provision allowing citizens to file suit against the Department to the Pollution Control Hearings Board is vetoed.  (See VETO MESSAGE)