AN ACT Relating to solid waste management; amending RCW 70.95.020, 70.95.080, 70.95.100, 70.95.130, 70.95.150, 70.95.090, 70.95.110, and 70.95.165; and adding new sections to chapter 70.95 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. Section 2, chapter 134, Laws of 1969 ex. sess. as last amended by section 2, chapter 345, Laws of 1985 and RCW 70.95.020 are each amended to read as follows:

The purpose of this chapter is to establish a comprehensive state-wide program for solid waste handling, and solid waste recovery and/or recycling which will prevent land, air, and water pollution and conserve the natural, economic, and energy resources of this state. To this end it is the purpose of this chapter:

(1) To assign primary responsibility for adequate solid waste handling to local government, reserving to the state, however, those functions necessary to assure effective programs throughout the state;

(2) To provide for adequate coordinated planning for solid waste handling by local government;

(3) To provide for the adoption and enforcement of basic minimum performance standards for solid waste handling;

(4) To provide technical and financial assistance to local governments in the planning, development, and conduct of solid waste handling programs;

(5) To encourage storage, proper disposal, and recycling of discarded vehicle tires and to stimulate private recycling programs throughout the state.

It is the intent of the legislature that local governments be encouraged to use the expertise of private industry and to contract with private industry to the fullest extent possible to carry out solid waste recovery and/or recycling programs.

NEW SECTION. Sec. 2. A new section is added to chapter 70.95 RCW to read as follows:

Prior to January 1, 1988, each county and the cities within the county shall enter into an interlocal agreement pursuant to chapter 39.34 RCW for preparation of a comprehensive solid waste management plan. An interlocal agreement shall: (1) Designate either the county or a city as the lead agency responsible for the preparation of the plan; (2) provide for the joint financing of the plan; (3) provide for the responsibilities of the cities and county for preparation and implementation of the plan; (4) provide for existing solid waste systems and plants authorized under RCW 35.21.120 through 35.21.154, or chapter 35.67 or 35.92 RCW; and (5) provide for existing county solid waste systems and facilities authorized under chapter 36.58 RCW.

The interlocal agreement shall provide for the joint appointment of members to the solid waste advisory committee by the county and cities as required under section 11 of this act.

The requirement to enter into an interlocal agreement under this section shall be satisfied if, prior to January 1, 1988, a county and the cities within the county have entered into a different interlocal agreement providing for a coordinated system of solid waste disposal that assigns management responsibility of the system to one city or county and is binding on other cities and counties as contemplated by this section.

A city authorized under RCW 70.95.080 to prepare its own comprehensive solid waste management plan that wishes to exercise this option must make such intention known in the interlocal agreement required under this section.

An interlocal agreement may provide that a city may enter into an agreement with another county, a city in another county, or both, to become part of the comprehensive solid waste management plans of both counties if: (1) The city has given prior notice of its intent to the county in which it is located; and (2) the agreement is incorporated into the comprehensive solid waste management plans of both counties.

Sec. 3. Section 8, chapter 134, Laws of 1969 ex. sess. as amended by section 17, chapter 448, Laws of 1985 and RCW 70.95.080 are each amended to read as follows:

((Each county within the state, in cooperation with the various cities located within such county, shall prepare a coordinated, comprehensive solid waste management plan. Such plan may cover two or more counties.

~~Each city shall:~~

~~(1) Prepare and deliver to the county auditor of the county in which it is located its plan for its own solid waste management for integration into the comprehensive county plan; or~~

~~(2) Enter into an agreement with the county pursuant to which the city shall participate in preparing a joint city-county plan for solid waste management; or~~

~~(3) Authorize the county to prepare a plan for the city's solid waste management for inclusion in the comprehensive county plan.~~

Two or more cities may prepare a plan for inclusion in the county plan. With prior notification of its home county of its intent, a city in one county may enter into an agreement with a city in an adjoining county, or with an adjoining county, or both, to prepare a joint plan for solid waste management to become part of the comprehensive plan of both counties.))

(1) Every county and the cities within each county shall prepare a coordinated comprehensive solid waste management plan.

Any city with a population of one hundred thousand or more, and any city that owns or operates a solid waste disposal site receiving all of the solid waste collected for disposal within the city, may prepare its own comprehensive solid waste management plan for the city which shall be integrated into the county-wide comprehensive solid waste management plan of the county in which such city is located.

A comprehensive solid waste management plan may cover two or more counties and the cities within such counties.

(2) Each comprehensive solid waste management plan for the county and the cities within the county shall:

(a) Designate all solid waste handling facilities as required under RCW 70.95.090, including those facilities described under section 2 (4) and (5) of this 1987 act, that are necessary to accomplish the priorities of chapter 70.95 RCW and to implement the minimal functional standards as adopted by the department; and

(b) Except as provided in section 2 (4) and (5) of this 1987 act, designate either: (i) A single entity, either the county or a city, to operate, manage, regulate, and set rates for all solid waste disposal sites within the geographic area covered by the plan; or (ii) different entities to operate, manage, and set rates for specified solid waste disposal sites within the geographic area covered by the plan.

A comprehensive solid waste management plan may provide that with prior notice to the county within which it is located of its intent, a city may become part of the comprehensive solid waste management plan of another city or county, while remaining part of the comprehensive solid waste management plan of the county within which it is located, upon adoption of the change into both comprehensive solid waste management plans.

(3) After consultation with representatives of the cities and counties, the department shall establish a schedule for the development of the comprehensive solid waste management plans ((~~for solid waste management~~)). In preparing such a schedule, the department shall take into account the probable cost of such plans to the cities and counties.

Each county and city within the comprehensive solid waste management plan shall either adopt or reject the plan within six months of completion of the plan. The plan shall be forwarded to the department for approval unless the county and/or cities representing a majority of the population reject the plan or portions of the plan. For purposes of representation under this subsection, the county shall represent the population residing in the unincorporated area of the county and each city shall represent the population residing within the city boundaries. If a facility is designated in the portion of the plan that is rejected, the permit for such facility shall be withheld until the dispute is resolved.

If the plan or portions of the plan are rejected, the department shall review the plan or portions thereof and determine the best method of achieving the solid waste management objectives as required by chapter 70.95 RCW and select the best alternative for the plan, or portions of the plan, that have been rejected. After holding a hearing on the rejected plan or portions of the plan, for which notice has been given to the affected county and cities, the department shall amend the rejected plan or rejected portions of the plan.

((~~Local governments~~)) Counties and cities shall not be required to include a hazardous waste element in their comprehensive solid waste management plans.

(4) Any city that owns or operates a solid waste system or facility, and any county that owns or operates a solid waste system or facility, shall continue to be the designated entity having the authority to operate, manage, regulate, plan for, designate, and set rates for the solid waste system or facilities, unless the legislative authority of the city or county owning or operating the system or facility approves otherwise.

Once a disposal site has been designated by the comprehensive solid waste management plan, amendments to the plan shall not remove the disposal site as a designated disposal site unless the city or county owning, operating, or regulating the disposal site concurs with such action or unless the site is not in compliance with the permit requirements of this chapter.

This section shall not be construed to require a city or county to abandon nor to cease operating either: (a) A solid waste handling facility; or (b) a planned solid waste handling facility where the city or county has issued bonds or other obligations that are payable from rates, charges, or other operating revenues from the solid waste handling facility.

NEW SECTION. Sec. 4. A new section is added to chapter 70.95 RCWto read as follows:

The owners and/or operators of a solid waste disposal site shall make available a full and complete description of the current and projected future operational costs for the site and a complete analysis of the rates and projected rates for disposing at the site to all cities, counties, and other major disposers of solid waste at the site. If the site is publicly owned or operated, changes in rates shall be made only after a public hearing has been held on this matter. If a site is privately owned or operated, changes in rates shall require notification and hearings before the appropriate state agency or local jurisdiction.

Sec. 5. Section 10, chapter 134, Laws of 1969 ex. sess. as amended by section 6, chapter 123, Laws of 1984 and RCW 70.95.100 are each amended to read as follows:

The department shall provide to counties and cities technical assistance in the preparation, review, and revision of solid waste management plans required by this chapter. Each comprehensive ((~~county~~)) solid waste management plan shall be submitted to the department for technical review and approval. The department may recommend revisions essential to the achievement of effective solid waste management and the purposes of this chapter.

Sec. 6. Section 13, chapter 134, Laws of 1969 ex. sess. and RCW 70.95.130 are each amended to read as follows:

Any county or city may apply to the department on a form prescribed thereby for financial aid for the preparation of the comprehensive ((~~county plan for~~)) solid waste management plan required by RCW 70.95.080. ((Any city electing to prepare an independent city plan, a joint city plan, or a joint county-city plan for solid waste management for inclusion in the county comprehensive plan may apply for financial aid for such purpose through the county. Every city application for financial aid for planning shall be filed with the county auditor and shall be included as a part of the county's application for financial aid. Any city preparing an independent plan shall provide for disposal sites wholly within its jurisdiction.))

The department shall allocate to the counties and cities applying for financial aid for planning, such funds as may be available pursuant to legislative appropriations or from any federal grants for such purpose.

The department shall determine priorities and allocate available funds among the counties and cities applying for aid according to criteria established by regulations of the department considering population, urban development, environmental effects of waste disposal, existing waste handling practices, and the local justification of their proposed expenditures.

Sec. 7. Section 15, chapter 134, Laws of 1969 ex. sess. and RCW 70.95.150 are each amended to read as follows:

Upon the allocation of planning funds as provided in RCW 70.95.130, the department shall enter into a contract with each county or city receiving a planning grant. The contract shall include such provisions as the director may deem necessary to assure the proper expenditure of such funds including allocations made to cities within the county who are assisting with plan preparation. The sum allocated to a county or city shall be paid to the treasurer of such county or city.

Sec. 8. Section 9, chapter 134, Laws of 1969 ex. sess. as last amended by section 5, chapter 123, Laws of 1984 and RCW 70.95.090 are each amended to read as follows:

Each ((~~county and city~~)) comprehensive solid waste management plan shall include the following:

(1) A detailed inventory and description of all existing solid waste handling facilities including an inventory of any deficiencies in meeting current solid waste handling needs.

(2) The estimated long-range needs for solid waste handling facilities projected twenty years into the future.

(3) A program for the orderly development of solid waste handling facilities in a manner consistent with the plans for the entire county which shall:

(a) Meet the minimum functional standards for solid waste handling adopted by the department and all laws and regulations relating to air and water pollution, fire prevention, flood control, and protection of public health;

(b) Take into account the comprehensive land use plan of each jurisdiction;

(d) Contain a plan for financing both capital costs and operational expenditures of the proposed solid waste management system.

(4) A program for surveillance and control.

(5) A current inventory and description of solid waste collection needs and operations within each respective jurisdiction which shall include:

(a) Any franchise for solid waste collection granted by the utilities and transportation commission in the respective jurisdictions including the name of the holder of the franchise and the address of his place of business and the area covered by his operation;

(b) Any city solid waste operation within the county and the boundaries of such operation;

(c) The population density of each area serviced by a city operation or by a franchised operation within the respective jurisdictions;

(d) The projected solid waste collection needs for the respective jurisdictions for the next six years.

(6) A review of potential areas that meet the criteria as outlined in RCW 70.95.165.

Sec. 9. Section 11, chapter 134, Laws of 1969 ex. sess. as amended by section 7, chapter 123, Laws of 1984 and RCW 70.95.110 are each amended to read as follows:

The comprehensive ((~~county~~)) solid waste management plans ((~~and any city solid waste management plans~~)) prepared in accordance with RCW 70.95.080 shall be maintained in a current condition and reviewed and revised periodically by counties and cities as may be required by the department. Upon each review such plans shall be extended to show long-range needs for solid waste handling facilities for twenty years in the future, and a revised construction and capital acquisition program for six years in the future. Each revised solid waste management plan shall be submitted to the department.

Each plan shall be reviewed and revised within five years of June 7, 1984, and thereafter shall be reviewed, and revised if necessary, at least once every five years. If a comprehensive solid waste management plan is not prepared and revised in accordance with this section, the department shall adopt a plan for the county and the cities within the county. The department's plan shall specify the lead agency responsible for the solid waste disposal site designated in the comprehensive solid waste plan.

Sec. 10. Section 4, chapter 123, Laws of 1984 and RCW 70.95.165 are each amended to read as follows:

(1) Each county or city siting a solid waste disposal facility shall review each potential site for conformance with the standards as set by the department for:

(a) Geology;

(b) Ground water;

(d) Flooding;

(e) Surface water;

(f) Slope;

(g) Cover material;

(h) Capacity;

(i) Climatic factors;

(j) Land use;

(k) Toxic air emissions; and

(l) Other factors as determined by the department.

(2) The standards in subsection (1) of this section shall be designed to use the best available technology to protect the environment and human health, and shall be revised periodically to reflect new technology and information.

(((3) Each county shall establish a local solid waste advisory committee to assist in the development of programs and policies concerning solid waste handling and disposal and to review and comment upon proposed rules, policies, or ordinances prior to their adoption. Such committees shall consist of up to nine members and shall represent a balance of interests including, but not limited to, citizens, public interest groups, business, the waste management industry, and local elected public officials. The members shall be appointed by the county legislative authority. A county or city shall not apply for funds from the state and local improvements revolving account, Waste Disposal Facilities, 1980, under chapter 43.99F RCW, for the preparation, update, or major amendment of a comprehensive solid waste management plan unless the plan or revision has been prepared with the active assistance and participation of a local solid waste advisory committee.))

NEW SECTION. Sec. 11. A new section is added to chapter 70.95 RCW to read as follows:

(1) There shall be a local solid waste advisory committee within each county to assist in the development of programs and policies concerning solid waste handling and disposal and to review and comment upon proposed rules, policies, or ordinances prior to their adoption.

(2) Such committees shall consist of members who shall represent a balance of interests including, but not limited to, citizens, public interest groups, business, the waste management industry, waste haulers, operators of private solid waste disposal sites, and local elected public officials. The local elected public officials shall be appointed by their own legislative bodies in accordance with the agreements established under RCW 70.95.080. The appointments shall include at least one representative from a small city. Cities that own and/or operate solid waste disposal sites shall be guaranteed a position on the committee. The local elected public officials shall jointly appoint the other members.

(3) A county or city shall not apply for funds from the state and local improvements revolving account, Waste Disposal Facilities, 1980, under chapter 43.99F RCW, for the preparation, update, or major amendment of a comprehensive solid waste management plan unless the plan or revision has been prepared with the active assistance and participation of a local solid waste advisory committee.

NEW SECTION. Sec. 12. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.