SENATE BILL REPORT

SB 5941

BYSenators 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)

                  March 4, 1987

AS REPORTED BY COMMITTEE ON PARKS & ECOLOGY, MARCH 4, 1987

BACKGROUND:

The federal Superfund bill, which passed in October of last year, requires the state to address the management of hazardous waste by assuring the availability of facilities to destroy, treat or securely dispose of hazardous wastes generated in the state over a 20 year period.  The state has 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 federal Superfund law.

SUMMARY:

The Department of Ecology will develop a comprehensive plan addressing statewide capacity for hazardous waste facilities. The plan will be consistent with the state's hazardous waste management priorities and assess the need for new and/or expanded treatment, recycling, containment, stabilization and disposal facilities for hazardous waste.  The agency will identify financial and regulatory incentives and penalties for implementing the hazardous waste management priorities.  The agency will also evaluate the programs or facilities needed to provide additional capacity to include, at the agency's discretion, strategies for waste reduction, recycling or treatment, agreements with other states, location of geographic areas for facilities and methods to locate them.  In developing the plan, Ecology will consult with various interest groups.  The agency is to prioritize so that all necessary resources are applied to expedite permitting activities, except funds for enforcement are not to be used.  The agency may also charge fees to cover the administrative costs of processing applications for hazardous waste facilities.

EFFECT OF PROPOSED SUBSTITUTE:

The Department of Ecology must identify the feasibility of disposing of hazardous wastes generated in the state, opportunities to enter into agreements for waste disposal with other states, resources and authority needed to enter into agreements to develop hazardous waste facilities on public and private land.  Also, the agency must identify other methods to effectively address hazardous waste capacity.  The agency is to report to the Legislature before December 15, 1987 on its progress in implementing this act.

Appropriation:    $49,500

Fiscal Note:      requested

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