H-4629 _______________________________________________
SECOND SUBSTITUTE HOUSE BILL NO. 509
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State of Washington 50th Legislature 1987 Regular Session
By House Committee on Environmental Affairs (originally sponsored by Representatives Holland, Rust, Walker, Valle, J. Williams, Unsoeld, Allen, Patrick, Ferguson and Lux)
Read first time 2/5/88.
AN ACT Relating to solid waste landfills; adding new sections to chapter 70.95 RCW; and adding a new section to chapter 76.12 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 70.95 RCW to read as follows:
In order to comply with the solid waste management priorities established in RCW 70.95.010 and to encourage waste reduction and recycling, the legislature finds that the following provisions are necessary:
(1) Beginning December 31, 1995, disposal of municipal solid waste in landfills is prohibited in class AA and A counties, except for: (a) Ash residue from municipal solid waste energy recovery or incineration, and (b) materials that the department determines should not be recycled or incinerated. The department may grant extensions to this provision of up to twelve months if the local governmental entity is aggressively proceeding with waste reduction and recycling programs.
(2) The department may grant temporary exemptions from the prohibition of subsection (1) of this section during emergency conditions, such as the malfunction or closure of an incinerator.
(3) Permits shall not be issued for new municipal solid waste landfills in class AA or A counties unless it can be demonstrated that a new landfill is necessary for the appropriate disposal of municipal solid waste that the department determines should not be recycled or incinerated.
(4) The department may grant an exception to subsections (1) and (3) of this section for a portion of a class AA or class A county that is located on an island and must transport municipal solid waste by boat in order to be incinerated.
(5) The department shall adopt, by rule: (a) A list of categories of municipal solid waste that are appropriate for disposal in a landfill and should not be recycled or incinerated, (b) criteria for granting extensions under subsection (1) of this section, and (c) criteria to determine whether or not a new municipal solid waste landfill is necessary pursuant to subsection (3) of this section.
(6) A landfill containing fly ash or ash residue shall comply with all applicable state and federal environmental protection statutes, rules, and regulations.
NEW SECTION. Sec. 2. A new section is added to chapter 76.12 RCW to read as follows:
Whenever the board of natural resources determines that any land deeded to the board or the state pursuant to this chapter, which is leased to any county for uses which include use for a solid waste landfill or sanitary disposal site, is no longer appropriate for management by the board, the board shall reconvey the land included within any such lease to the county. Reconveyance shall be by quitclaim deed pursuant to procedures set forth in RCW 79.01.220. Upon execution of the deed, full legal and equitable title to the land shall be vested in the county, and any lease to the county on the land shall terminate. However, any indemnification clause contained in the lease shall continue in full force and effect for acts of the county attributable to its tenancy before the date of reconveyance.
NEW SECTION. Sec. 3. 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 landfill, 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.