SENATE BILL REPORT

SSB 5941

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

Revising provisions on hazardous waste.

Senate Committee on Parks & Ecology

Senate Hearing Date(s):February 26, 1987; March 4, 1987

Majority Report:  That Substitute Senate Bill No. 5941 be substituted therefor, and the substitute bill do pass.

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

Senate Staff:Henry Yates (786-7708)

                  April 18, 1987

AS PASSED SENATE, MARCH 13, 1987

BACKGROUND:

The federal Superfund bill, which passed in October of last year, requires each state to assure the availability of facilities to destroy, treat or securely dispose of hazardous wastes generated in the state over a 20 year period.  States have until October 1989 to provide this assurance.  In lieu of having the facilities, the state can enter into a regional or interstate agreement for needed hazardous waste capacity.  This mandate is being enforced by the threat of a "cut off" of federal Superfund monies if the state does not have the required capacity.

Currently, Washington has a few small-scale hazardous waste treatment facilities, but no disposal or incineration facility.  Large amounts of waste generated in the state are disposed of at a landfill in Arlington, Oregon or taken out of state.  There is no agreement between the two states.

The situation is complicated by numerous companies generating large quantities of hazardous waste that, in many cases, cannot be disposed of at Arlington, Oregon, because that facility only accepts certain types of waste.  Also, that facility is limited to the least environmentally suitable disposal method, according to state law, landfilling.

In the 1985 session, a bill was passed to expedite and coordinate the siting of hazardous waste facilities in the state (2SHB 975). Ecology is required to develop a hazardous waste management plan which would include a number of elements to begin addressing the hazardous waste management issue in the state. Local governments will also adopt plans and designate zones for locating facilities.  The Ecology plan, some have contended is too broad and because it was mandated in 1985, does not specifically address the requirements of the 1986 federal Superfund law.

SUMMARY:

The Department of Ecology will identify the feasibility of disposing of hazardous wastes generated in the state in facilities located in state.  The agency will identify opportunities for agreements with other states to handle its hazardous waste, assess the resources and authority needed to for agreements with private contractors to develop hazardous waste facilities on public or private land.

Additionally, the Department of Ecology will identify strategies to expedite facility permitting, investigate methods used by other states and countries to handle hazardous waste disposal.  The agency will also analyze the feasibility of providing financial incentives for facility construction.  The agency will report to the Legislature on or before December 15, 1987.

The Department of Ecology will consult with representatives of various groups in compiling information for the required report to the Legislature.  The agency shall base its findings and conclusions on information collected from hazardous waste generators, transporters and handlers.  The Department is given authorization to collect this information from businesses.

This act is not to interfere with the processing of current applications.  The agency will prioritize its activities so that all necessary resources are applied to expedite permitting activities, except funding necessary for enforcement.  The Department may charge fees sufficient to cover the costs of processing applications.

Appropriation:    $49,500

Fiscal Note:      requested

Senate Committee - Testified: Tom Eaton, Department of Ecology; David Smutowski, Boeing; Elizabeth Tabbutt, Washington Environmental Council

HOUSE AMENDMENT:

The Department of Ecology is directed to develop a comprehensive plan for establishing a hazardous waste fee system.  The agency is mandated to implement the plan 90 days after the effective date of the Act.