H-1696              _______________________________________________

                                                    HOUSE BILL NO. 950

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Representatives Rayburn, C. Smith, Rasmussen, Chandler, Bristow, Moyer, Lewis, Holm, Brooks, Nealey, Jesernig, Kremen, Hankins, Ballard, Betrozoff and Miller

Read first time 2/16/87 and referred to Committee on Environmental Affairs.

AN ACT Relating to the disposal of hazardous waste; and amending RCW 70.105.200 and 90.48.080.

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

        Sec. 1.  Section 4, chapter 448, Laws of 1985 and RCW 70.105.200 are each amended to read as follows:

          (1) The department shall develop, and shall update at least once every five years, a state hazardous waste management plan.  The plan shall include, but shall not be limited to, the following elements:

          (a) A state inventory and assessment of the capacity of existing facilities to treat, store, dispose, or otherwise manage hazardous waste;

          (b) A forecast of future hazardous waste generation;

          (c) A description of the plan or program required by RCW 70.105.160 to promote the waste management priorities established in RCW 70.105.150;

          (d) Siting criteria as appropriate for hazardous waste management facilities, including such criteria as may be appropriate for the designation of eligible zones for designated zone facilities.  However, these criteria shall not prevent the continued operation, at or below the present level of waste management activity, of existing facilities on the basis of their location in areas other than those designated as eligible zones pursuant to RCW 70.105.225;

          (e) Siting policies as deemed appropriate by the department; and

          (f) A plan or program to provide appropriate public information and education relating to hazardous waste management.  The department shall ensure to the maximum degree practical that these plans or programs are coordinated with public education programs carried out by local government under RCW 70.105.220.

          (2) The department shall seek, encourage, and assist participation in the development, revision, and implementation of the state hazardous waste management plan by interested citizens, local government, business and industry, environmental groups, and other entities as appropriate.

          (3) Siting criteria shall be completed by December 31, 1986.  Other plan components listed in subsection (1) of this section shall be completed by June 30, 1987.

          (4) The department shall incorporate into the state hazardous waste management plan those elements of the local hazardous waste management plans that it deems necessary to assure effective and coordinated programs throughout the state.

(5) The department shall provide in the hazardous waste management plan that hazardous waste materials shall not be disposed of in any way near certain ground waters or ground water sources.  Minimum setbacks for disposal of such hazardous waste areas shall be:  (a) Three miles from any major stream or body of water, and (b) five hundred feet from any aquifer.

        Sec. 2.  Section 14, chapter 216, Laws of 1945 as amended by section 8, chapter 13, Laws of 1967 and RCW 90.48.080 are each amended to read as follows:

          It shall be unlawful for any person to throw, drain, run, or otherwise discharge into any of the waters of this state, or to cause, permit or suffer to be thrown, run, drained, allowed to seep or otherwise discharged into such waters any organic or inorganic matter that shall cause or tend to cause pollution of such waters according to the determination of the commission, as provided for in this chapter.

Hazardous waste materials shall not be disposed of in any way near certain ground waters or ground water sources.  Minimum setbacks for disposal of such hazardous waste areas shall be:  (a) Three miles from any major stream or body of water, and (b) five hundred feet from any aquifer.