H-3944              _______________________________________________

                                                   HOUSE BILL NO. 1305

                        _______________________________________________

State of Washington                              50th Legislature                              1988 Regular Session

By Representatives Patrick, Crane and Barnes

Prefiled with Chief Clerk 1/8/88.  Read first time 1/11/88 and referred to Committee on Environmental Affairs.

AN ACT Relating to the location of energy recovery or incineration facilities for the treatment of solid waste; 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.     The legislature  finds that the increasing quantities of solid waste within the state, combined with the advisability of recovering energy and materials from solid waste whenever possible, require the construction and operation of energy recovery or incineration facilities for solid waste disposal.  Solid waste incinerators and energy recovery facilities cause materials such as dioxin, heavy metals, carbon monoxide, dibenzofurans, and the components of acid rain to be released into the air.  Such facilities also produce toxic ash and generate substantial truck traffic which present potential significant health hazards to humans who live nearby, causing facilities to be unsuitable in residential neighborhoods.

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

          An incinerator or energy recovery facility for the treatment of solid waste shall not be located or constructed within ten thousand feet, measured horizontally, of any established residential area, hospital, or school.

          For purposes of this section, unless the context indicates otherwise:

          (1) "School" means any public or private school, institution of higher education, or vocational education facility.

          (2) "Residence" means any building or structure or portion thereof which is designed for and used to provide an abode for human beings, but not including hotels or motels having no kitchen.

          (3) "Hospital" has the meaning provided in RCW 70.41.020.

          (4) "Established residential area" means an area of residences of at least twenty contiguous acres having a density of two or more residences per acre.