SENATE BILL REPORT

ESSB 5570

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

Senate Hearing Date(s):February 10, 1987

Majority Report:  That Substitute Senate Bill No. 5570 be substituted therefor, and the substitute bill do pass.

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

Minority Report:  Do not pass.

      Signed by Senator Rinehart, Vice Chairman.

Senate Staff:Rick Anderson (786-7717)

                  April 17, 1987

AS PASSED SENATE, MARCH 4, 1987

BACKGROUND:

Incineration has become a leading option for solid waste disposal among 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:

The Department of Ecology will regulate ash residues from solid waste incinerators as "special wastes".  Under this designation, 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 additional standards for the management of special wastes, including, but not limited to, the design, construction, and operation of landfills.

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 the solid waste permit.

The Department of Ecology will have 90 days to approve, deny, or conditionally approve the permit.  Failure by the Department to do so will constitute permit approval.

Fiscal Note:      requested

Senate Committee - Testified: Bruce Wishart, Sierra Club; Pam Liester; Patrick McCarty, Tacoma City Light; Dick Ducharme, EBASCO; Steven J. Klein, City of Tacoma, Dept. of Public Utilities; Joseph Lowndes; Shelley Stewart, Greenpeace; Jim Tyler

HOUSE AMENDMENTS:

A new chapter is established to regulate incinerator ash residues.

Department of Ecology is given enforcement authority to; levy fines, issue compliance orders and injunctions, and to prosecute violators.

Establishes a joint select committee for preferred solid waste management to develop recommendations for waste reduction and recycling.

Provides incinerator ash with an exemption under the Tort Reform Act to allow the imposition of joint and several liability.