H-3329              _______________________________________________

                                                   HOUSE BILL NO. 1253

                        _______________________________________________

State of Washington                              50th Legislature                        1987 First Special Session

By Representatives Zellinsky, Schmidt, Pruitt, Bristow, Meyers, J. Williams and S. Wilson

Read first time 5/18/87 and referred to Committee on Environmental Affairs.

AN ACT Relating to solid waste transfer stations and waste reduction and recycling priorities; adding a new section to chapter 70.95 RCW; and creating a new section.

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

NEW SECTION. Sec. 1.     (1) The legislature finds that more emphasis is required to meet the state priorities of waste reduction and recycling.

          (2) The legislature finds that a mechanism is required to adjudicate political subdivision disputes which stymie achievement of recycling and reduction goals.

          (3) The legislature finds that the siting of solid waste disposal sites, including landfills, incinerators, transfer stations, and associated facilities, is difficult.  The legislature further finds that a need exists to expedite the siting of solid waste facilities for the common good of the citizens of Washington state and its political subdivisions.

           (4) It is therefore the intent of this act to provide a mechanism for decision making that addresses jurisdictional solid waste disputes arising from siting of facilities in close proximity to county boundaries, that places emphasis on higher- priority goals of waste reduction and recycling, and that aids in the siting of certain solid waste facilities.

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

          (1) The siting of solid waste transfer stations, as defined in RCW 36.58.030, which assist in meeting the goals of reducing or recycling waste prior to its transhipment to a disposal site is declared to be a priority of the state and its political subdivisions.

          (2) The jurisdictional health department for the county in which solid waste is collected and disposed shall be responsible for issuing the operating permit required by this chapter for a transfer station meeting reduction and recycling priorities.

          (3) If a transfer station meeting reduction and recycling priorities is located within another jurisdiction and the facility does not provide solid waste services to individuals or commercial entities in the host county, the host jurisdiction shall be responsible for issuing an operating permit only when the facility is included in the host jurisdiction solid waste plan by amendment approved by the jurisdictional legislative authority.

          (4) When the host jurisdiction fails to include the facility in its solid waste plan but the facility has met health, safety, and land use requirements of the host jurisdiction, the operating permit shall be issued by the jurisdictional health department for the jurisdiction in which the solid waste is both collected and disposed.

          (5)(a) The director of ecology, upon the request of any jurisdiction or private party, shall by order, within ninety days of the filing of the request, make a determination on whether a solid waste transfer station meets one or more of the state priorities of waste reduction or recycling.  The decision of the director shall be based upon consideration of whether the facility is included in one or more jurisdictional solid waste management plans, preservation of the public health and the environment, and whether information presented in the request affirms that the facility will meet state priorities of waste reduction and/or recycling.

          (b) When the director has identified an existing or planned transfer facility as meeting the state priorities of waste reduction or recycling, and the facility complies with local land use, zoning, and health and safety ordinances, the department may issue the operating permit if local jurisdiction(s) have not issued the operating permit within ninety days of the director's decision.