FINAL BILL REPORT

HB 1182

                                 C 13 L 89 E1

BYRepresentatives Rust, D. Sommers, G. Fisher, Fraser and Phillips; by request of Director of Ecology

Revising local government roles in hazardous waste siting.

House Committe on Environmental Affairs

Senate Committee on Environment & Natural Resources

SYNOPSIS AS ENACTED

BACKGROUND:

In 1985, the Legislature directed the Department of Ecology (Ecology) to develop siting criteria for all hazardous waste treatment, storage, incineration and disposal facilities by December 31, 1986.  Ecology was given sole responsibility for siting hazardous waste incineration and disposal facilities.  Local government permitting and regulatory activity relating to these facilities was preempted.

Under the 1985 legislation, local government is allowed to permit and regulate hazardous waste treatment and storage facilities in its jurisdiction if the local government had designated appropriate land use zones by June 30, 1988.  If a local government failed to designate appropriate land use zones by this date, Ecology was directed to permanently preempt local zoning authority relating to hazardous waste treatment and storage facilities in that jurisdiction.

Local land use zones adopted by a local government must be consistent with the siting criteria adopted by Ecology.  However, Ecology has not yet adopted the siting criteria.  Considering the consistency requirement, local governments have been hesitant to designate land use zones prior to Ecology's adoption of siting criteria.  According to Ecology, more than 150 towns and cities and 15 counties failed to meet the June 30, 1988 deadline.

SUMMARY:

The Department of Ecology (Ecology) is required to adopt hazardous waste facility siting criteria by May 31, 1990.

The June 30, 1988 deadline for the adoption by a local government of appropriate land use zones for hazardous waste treatment and storage facilities is repealed.  The initial designation of land use zones by a local government shall be completed or revised and submitted to Ecology within 18 months after the adoption of Ecology's siting criteria.

Local governments that do not complete the designation process by the new deadline will be preempted from regulating hazardous waste treatment and storage facilities in their jurisdictions until such time as the local government designates the land use zones and these zones are approved by Ecology.

VOTES ON FINAL PASSAGE:

      House 94   0

First Special Session

      House 90   0

      Senate    36     0

EFFECTIVE:August 9, 1989