H-4630              _______________________________________________

                                          SUBSTITUTE HOUSE BILL NO. 1569

                        _______________________________________________

State of Washington                              50th Legislature                              1988 Regular Session

By House Committee on Environmental Affairs (originally sponsored by Representatives Todd, Crane, Winsley, Rasmussen, Lux, Valle, Unsoeld, Barnes, Leonard, Patrick and Spanel)

Read first time 2/5/88.

AN ACT Relating to the siting of new solid waste incinerators; adding new sections to chapter 70.95 RCW; and creating new sections.

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

NEW SECTION. Sec. 1.     The legislature finds that the siting of new municipal solid waste incinerators and municipal solid waste energy recovery facilities has generated considerable controversy within the state.  Local opposition to the siting of such facilities has generally been based on concern over possible adverse health effects.  Scientific evidence of the health risks from the incineration process raises concerns about the safety of incinerators.  Constructing incinerators represents the largest and most complex capital projects that most local governments will undertake, and they must be approached with extraordinary caution.  In order to protect the public from possible adverse health and economic effects, the legislature declares that state-wide regulations for the siting of municipal solid waste incinerators and municipal solid waste energy recovery facilities shall be adopted.

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

          (1) The department shall adopt rules of state-wide applicability for the siting of new incinerators and energy recovery facilities which manage municipal solid waste.

          (2) The siting standards shall be developed with the assistance of a committee which represents a balance between industry, local government, and environmental interests.  The standards shall be submitted to the legislature by December 15, 1988, and shall be effective June 1, 1989, unless disapproved by the legislature.

NEW SECTION. Sec. 3.  A new section is added to chapter 70.95 RCW to read as follows:

          Before siting or commencing detailed site studies for a municipal solid waste energy recovery or incineration facility, any governmental entity shall:

          (1) Have in place a waste reduction and recycling plan and implementation strategy capable of significantly diminishing the waste stream.  The plan and implementation strategy shall require that municipal solid waste is:  (a) Segregated before incineration or disposal, and (b) managed in accordance with the solid waste management priorities established in RCW 70.95.010;

          (2) Have an approved solid waste management plan;

          (3) Have undertaken a detailed review of a reasonable range of available technologies and strategies for managing and/or incinerating municipal solid waste.  If consultants are utilized, they shall not have any financial interest in the companies providing solid waste management technologies or financing;

          (4) Have developed a least-cost option plan for managing and disposing of municipal solid waste that has the least impact on the environment and which uses the best available technology and strategies;

          (5) Have an approved plan for handling the ash residue from the municipal solid waste incinerator; and

          (6) Have a plan for public access to the municipal solid waste incinerator's operational data, including data related to incinerator excursions.  Data shall be permanently recorded and maintained for at least five years.

NEW SECTION. Sec. 4.     This act shall apply to all municipal solid waste energy recovery or incineration facilities which have not been sited by June 1, 1989.

NEW SECTION. Sec. 5.  A new section is added to chapter 70.95 RCW to read as follows:

          Whenever a permit is issued for siting a municipal solid waste incinerator, the governmental entity issuing the permit shall prepare and implement a plan to mitigate the social impact on local residents.  The plans shall specifically address traffic problems and potential reductions in property values.