AN ACT Relating to solid waste management; and amending RCW 70.95.080, 70.95.090, 70.95.110, and 70.95.165.

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

Sec. 1. 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 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. Each county shall appoint a solid waste committee in accordance with RCW 70.95.165, which shall recommend the solid waste management program for the county and the cities within the county prior to the implementation dates of the minimum functional standards and in no case later than November 1, 1989.

The plan shall designate a singular entity, either the county or a city, which shall have the authority to designate, operate, and/or manage, regulate, and set rates for all solid waste handling 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 handling facilities when the plan determines multiple entity implementation is in the public interest.

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

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.

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

Sec. 2. 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~~)) 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. 3. 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.

Sec. 4. Section 4, chapter 123, Laws of 184 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.