AN ACT Relating to certification of operators of solid waste facilities; adding a new chapter to Title 70 RCW; and prescribing penalties.

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

NEW SECTION. Sec. 1. (1) By January 1, 1990, the individual on-site at a solid waste incineration facility who is designated by the owner as the operator in responsible charge of the operation and maintenance of the facility on a routine basis shall be certified by the department.

(2) If a solid waste incinerator is operated on more than one daily shift, the operator in charge of each shift shall be certified.

(3) Operators not required to be certified are encouraged to become certified on a voluntary basis.

(4) The department shall adopt and enforce such rules as may be necessary for the administration of this section.

NEW SECTION. Sec. 2. Unless the context clearly requires otherwise the definitions in this section apply throughout this chapter.

(1) "Board" means the solid waste incinerator and landfill operator certification board of examiners established by section 4 of this act.

(2) "Certificate" means a certificate of competency issued by the director stating that the operator has met the requirements for the specified operator classification of the certification program.

(3) "Department" means the department of ecology.

(4) "Director" means the director of ecology.

(5) "Incinerator" means a facility which burns or is designed to burn solid waste or solid waste derived fuel.

(6) "Landfill" means a site where the final disposal of solid waste occurs in or on land.

(7) "Owner" means, in the case of a town or city, the city or town acting through its chief executive officer or the lessee if operated pursuant to a lease or contract; in the case of a county, the chairman of the county legislative authority or the chairman's designee; in the case of a sewer district, board of public utilities, association, municipality or other public body, the president or chairman of the body or the president's or chairman's designee; in the case of a privately owned landfill or incinerator, the legal owner.

(8) "Solid waste" means all putrescible and nonputrescible solid and semisolid wastes including, but not limited to, garbage, rubbish, ashes, industrial wastes, swill, demolition and construction wastes, abandoned vehicles or parts thereof, and discarded commodities.

NEW SECTION. Sec. 3. (1) By January 1, 1990, the owner or operator of a landfill shall employ a certified landfill operator.

(2) The director shall adopt rules to classify all landfills with regard to the size, type, and other conditions affecting the complexity of a landfill and the skill, knowledge, and experience required of an operator to operate the landfill to protect human health and the environment.

(3) The rules shall provide that the owner or operator of complex landfills shall employ a certified landfill operator who is on-site at all times the landfill is operating. At a minimum the rules shall provide that owners or operators of landfills are required to employ a certified landfill operator who is on call at all times the landfill is operating.

NEW SECTION. Sec. 4. (1) A board of examiners for solid waste incinerator and landfill operator certification shall be established. The board shall be comprised of the director or the director's designee, and five additional members appointed by the governor, including one solid waste incinerator operator, one landfill operator, one official from a local government who owns or operates a solid waste incinerator, one official from a local government who owns or operates a landfill, and one member from a regional air pollution control authority with expertise in air emissions from solid waste incinerators.

(2) This board shall: (a) Assist in the development of rules; (b) establish operator training programs; (c) prepare, administer, and evaluate examinations of operator competency as required by section 5 of this act, and (d) recommend the issuance or revocation of certificates. The board shall determine when and where the examinations shall be held.

(3) Each member appointed by the governor shall be compensated in accordance with RCW 43.03.240 and shall be reimbursed for travel expenses while engaged in the business of the board as prescribed in RCW 43.03.050 and 43.03.060.

NEW SECTION. Sec. 5. The issuance and renewal of a certificate shall be subject to the following conditions:

(1) A certificate shall be issued if the operator has satisfactorily passed a written examination and has met the requirements specified in the rules as authorized by this chapter, and has paid the application fee.

(2) The term for all certificates shall be from the first of January of the year of issuance until the thirty-first of December of the renewal year. The renewal period, not to exceed three years, shall be set by the agency by rule. Every certificate shall be renewed upon the payment of a renewal fee and satisfactory evidence of the operator's competency is provided to the director.

(3) Individuals who fail to renew their certificates before December 31 of the renewal year, upon notice by the director shall have their certificates suspended for sixty days. If, during the suspension period, the renewal is not completed, the director shall give notice of revocation to the employer and to the operator and the certificate shall be revoked ten days after such notice is given. An operator whose certificate has been revoked must reapply for certification and will be requested to meet the requirements of a new applicant.

NEW SECTION. Sec. 6. By January 1, 1989, the department shall establish rules for:

(1) The collection of fees for the issuance and renewal of certificates as provided for in section 5 of this act. These fees shall be sufficient to recover the costs of the certification program;

(2) The appeals process for the denial or revocation of a certificate; and

(3) A process to automatically certify operators who have received comparable certification from another state or a professional association.

NEW SECTION. Sec. 7. (1) The director may, with the recommendation of the board and after a hearing before the board, revoke a certificate:

(a) If it were found to have been obtained by fraud or deceit;

(b) For gross negligence in the operation of a waste treatment plant; or

(2) A person whose certificate is revoked under this section shall not be eligible to apply for a certificate for one year from the effective date of the final order or revocation.

NEW SECTION. Sec. 8. To carry out the provisions and purposes of this chapter, the director may:

(1) Enter into agreements, contracts, or cooperative arrangements, under such terms and conditions as the director deems appropriate with other state, federal, or interstate agencies, municipalities, educational institutions, or other organizations or individuals.

(2) Receive financial and technical assistance from the federal government, other public agencies, and private agencies.

(3) Participate in related programs of the federal government, other states, interstate agencies, other public agencies, or private agencies or organizations.

(4) Upon request, furnish reports, information, and materials relating to the certification program authorized by this chapter to federal, state, or interstate agencies, municipalities, educational institutions, and other organizations and individuals.

(5) Establish adequate fiscal controls and accounting procedures to assure proper disbursement of and accounting for funds appropriated or otherwise provided for the purpose of carrying out this chapter.

NEW SECTION. Sec. 9. After January 1, 1990, it is unlawful for any person, firm, corporation, municipal corporation, or other governmental subdivision or agency to operate a solid waste incineration or landfill facility unless the operators are duly certified by the director under this chapter or any lawful rule or order of the department. It is unlawful for any person to perform the duties of an operator as defined in section 1 of this act, or in any lawful rule or order of the department, without being duly certified under section 5 of this act.

NEW SECTION. Sec. 10. Any person, including any firm, corporation, municipal corporation, or other governmental subdivision or agency violating any provisions of this chapter or the rules adopted under this chapter, is guilty of a misdemeanor. Each day of operation in violation of this chapter or any rules adopted under this chapter shall constitute a separate offense. Upon conviction, violators shall be fined an amount not exceeding one hundred dollars for each offense. The prosecuting attorney or the attorney general, as appropriate, shall secure injunctions of continuing violations of any provisions of this chapter or the rules adopted under this chapter.

NEW SECTION. Sec. 11. All receipts realized in the administration of this chapter shall be paid into the general fund.

NEW SECTION. Sec. 12. Sections 1 through 11 of this act shall constitute a new chapter in Title 70 RCW.

NEW SECTION. Sec. 13. 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.