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.

Sec. 2. 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~~)) (1) Every county ((~~within the state, in cooperation with the various cities located within such county, shall prepare a coordinated, comprehensive solid waste management plan~~)) and the cities within the county, shall prepare a coordinated comprehensive solid waste management plan.

(2) The county and the cities shall enter into an interlocal agreement pursuant to chapter 39.34 RCW prior to January 1, 1988, for the preparation of the plan. The interlocal agreement shall: (a) Designate either the county or the city as the lead agency responsible for the preparation of the plan, (b) provide for the joint financing of the plan, and (c) provide for the responsibilities of the cities and counties for preparation and implementation of the plan. However, if a county and the cities within the county have entered into an interlocal agreement for a coordinated system of solid waste disposal that assigns management responsibility of the system to one jurisdiction and is binding on other jurisdictions as contemplated by this section, an additional interlocal agreement is not required. Such plan may cover two or more counties and the cities within such counties. Each solid waste plan for the county and the cities within the county shall designate all solid waste handling facilities that are necessary to accomplish the priorities of this chapter and to implement the minimal functional standards as adopted by the department of ecology.

(3) The plan shall designate a single entity, either the county or a city, which shall have the authority to designate, operate, and manage, regulate, or set rates for all solid waste disposal facilities within the geographical area covered by the plan. The plan may provide for different entities to operate, manage, and set rates for portions of the required solid waste disposal facilities when the plan determines multiple entity implementation is in the public interest.

(4) No jurisdiction shall prepare an independent solid waste plan or operate and manage a solid waste handling facility unless authorized by the comprehensive solid waste plan.

((~~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.))

(5) After consultation with representatives of the cities and counties, the department shall establish a schedule for the development of the comprehensive 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.

(6) Local governments shall not be required to include a hazardous waste element in their solid waste management plans.

(7) The interlocal agreement shall provide for the joint appointment of members to the solid waste committee by counties and cities as required by RCW 70.95.165.

(8) Each jurisdiction within the 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 jurisdictions representing a majority of the population reject the plan. Every permit required by this chapter shall be withheld for any facility that is recommended by a disputed portion of the plan.

(9) If the plan is rejected, the department shall review the plan, determine the best method of achieving a solid waste management system, amend the rejected plan and after notification of affected jurisdictions, hold a hearing to adopt a plan for the county and the cities within the county. The department's plan shall specify the lead agency for implementation of the solid waste disposal facilities contained in the comprehensive solid waste plan.

(10) The owners and/or operators of a solid waste disposal facility shall make available to all cities, towns, counties, or other major disposers, a full and complete description of the current and projected future operational costs for the facility and a complete analysis of the rates that are or will be charged for use of that facility. If the facility is publicly owned or operated, changes in rates will require a public hearing in accordance with procedures established in chapter 42.30 RCW. If a facility is privately owned or operated, changes in rates will require notification and hearings before the appropriate state agency or local jurisdiction.

Sec. 3. 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. 4. 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. 5. 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~~)) other jurisdictions 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. 6. 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. 7. 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~~)) independent 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 for implementation of the solid waste disposal facilities contained in the comprehensive solid waste plan.

Sec. 8. 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. 9. A new section is added to chapter 70.95 RCW to read as follows:

(1) There shall be a local solid waste 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, 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 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. 10. 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.