SENATE BILL REPORT

ESB 6252

BYSenators Patterson, Murray, Wojahn, Barr, Bender and Conner

Enacting a moratorium on siting of hazardous waste disposal facilities.

Senate Committee on Environment & Natural Resources

Senate Hearing Date(s):January 25, 1990

Majority Report:  Do pass.

      Signed by Senators Metcalf, Chairman; Barr, Benitz, DeJarnatt, Patterson.

Senate Staff:Gary Wilburn (786-7453)

                  February 14, 1990

AS PASSED SENATE, FEBRUARY 13, 1990

BACKGROUND:

In 1985 the Legislature declared that only the state may permit and regulate facilities for landfilling, incineration or land treatment of hazardous wastes, designated as "preempted facilities."  The Department of Ecology was assigned the authority to regulate such facilities with respect to location, construction and operation.  Permits issued by the department are in lieu of any and all permits by any other state, regional or local governmental authority.  Any laws or regulations which conflict with the state hazardous waste laws or regulations, and any regional or local laws regarding the location, construction or operation of preempted facilities, are superseded.

In addition, the department was directed to adopt criteria for the siting of preempted facilities and other hazardous waste management facilities.  The criteria are designed to minimize short-term and long-term risks and costs resulting from such facilities, and may consider natural site characteristics as well as engineered protection.  The criteria are required to be included in a state hazardous waste management plan that includes elements such as an inventory and assessment of the capacity of existing facilities, a forecast of future waste generation, a plan for promoting the state's waste management priorities, and a public information and education plan.  The siting criteria were required to be completed by December 31, 1986, and the balance of the plan by June 30, 1987.

Siting criteria were adopted by the department in March of 1988 and subsequently withdrawn.  In 1989 the Legislature extended the deadline for adoption of the criteria to May 31, 1990.  The department completed a state plan at the end of 1989 and is seeking additional funding for a more comprehensive plan.

There are currently no preempted facilities located within the state of Washington.  An application has been filed with the department for a proposed facility to be located near Vantage in Grant County.  Another facility is being explored at a site in Adams County.  The nearest landfill facilities for the disposal of hazardous waste are located in Oregon and Idaho, and the nearest site for the incineration of hazardous waste is located in Texas.

SUMMARY:

By November 1, 1990 the Department of Ecology is to prepare a report that includes (1) an assessment of risks to agricultural areas from airborne contaminants and the landfill disposal of ash from incineration facilities; (2) an identification of general areas throughout all regions of the state which may meet the siting criteria; and (3) an assessment of the origins of waste from the four-state regional area likely to be disposed at a Washington facility.  The assessment is to be based on existing scientific studies and information, and be based upon relative impact to existing background hazardous material levels.

The department will form an advisory committee from various interest groups that is balanced geographically.  The department shall also consult with recognized scientific authorities and review the operational record of existing facilities. 

Appropriation:    none

Revenue:    none

Fiscal Note:      requested January 19, 1990

Senate Committee - Testified: Kenneth Murphy, Washington State Farm Bureau (pro); Chris Lyle (pro); Adelle Connors, Citizens Hazardous Waste Coalition (pro); LeRoy Allison, Washington State Hay Growers (pro); Terry Husseman, Department of Ecology; Eileen DeArmon, ECOS (con)