SENATE BILL REPORT
SB 6415
BYSenators Metcalf, Kreidler, Lee, Patrick and von Reichbauer; by request of Governor
Regulating hazardous substances and waste.
Senate Committee on Environment & Natural Resources
Senate Hearing Date(s):January 10, 1990
Senate Staff:Gary Wilburn (786-7454); Atsushi Kiuchi (786-7708)
AS OF JANUARY 22, 1990
BACKGROUND:
The Department of Ecology administers a permit program to track the generation, transportation and disposal of hazardous wastes, and maintains state primacy for administering the equivalent federal requirements. The state has adopted hazardous waste management priorities which place waste reduction and waste recycling as the highest priorities. The Department of Ecology is also required to prepare a state hazardous waste management plan that implements the management priorities. Local government waste management plans are also to be developed which address moderate-risk (primarily household hazardous) waste.
The state has preempted the field of permitting hazardous waste treatment and/or disposal facilities. There is currently no disposal facility located within Washington, with most of the waste disposed at a facility near Arlington, Oregon.
RCW 70.105A.035, adopted as part of Initiative 97, encourages the Legislature to revise the hazardous waste fee program in a manner which provides an incentive for waste reduction and recycling. It directs the Department of Ecology to submit to the Legislature a proposed revision to the fees designed to this end.
SUMMARY:
Findings. The Legislature makes findings that opportunities for land disposal or incineration of hazardous waste are very limited and costly. The state policy is to reduce hazardous waste without transferring health and environmental risks to another product, process or environmental medium. To implement the highest waste management priority the state should provide technical assistance and establish performance goals, programs and strategies for pollution prevention planning. A state policy hazardous waste reduction goal is set at 50 percent by 1995.
Administration. The Department of Ecology office of waste reduction is to implement a program encouraging voluntary waste reduction and hazardous substance use reduction.
Planning. Reduction plans are to be prepared by: (1) generators of more than 2640 pounds of hazardous waste annually; and (2) certain hazardous substance users required to report substance usage under federal "Community Right to Know" laws, excluding those reporting only due to use of certain fuels. Facilities primarily for waste treatment, storage or disposal also are exempt from the planning requirements.
The Department of Ecology is to adopt rules by April 1, 1991 for plan preparation. The planning process is to include consideration of use and waste reduction, recycling, and treatment in that order. Those generating hazardous waste or using more hazardous substances are required to prepare plans earlier. The plans are to include several specified elements, including numeric performance goals, identification of reduction opportunities, selection of options in accordance with the statutory waste management priorities, personnel training programs, a five-year implementation schedule, and other elements. The plans are to be updated every five years and annual progress reports are required.
Penalties. Where generators and users fail to submit an adequate plan or progress report after notification of deficiencies by the department, a penalty may be assessed in the amount of the larger of three times the fee imposed the previous year or $1000. The current year fee is used as the base if no fee was imposed the prior year. In addition, a surcharge upon waste disposal at facilities within the state is to imposed upon generators or users failing to submit an adequate plan or progress report.
Fees. A base fee of $35 is imposed upon the privilege of generating hazardous waste in the state. An additional annual fee not to exceed $10,000 is imposed upon all facilities for which waste or use reduction plans are required. A fee schedule by facility category is to be developed upon consideration of specified factors and after consultation with affected industries and interested parties.
The annual fee shall not exceed $50 for facilities generating less than two tons of waste annually, and the total fee revenues shall not exceed the waste reduction program implementation costs and shall not exceed $1 million annually. The fees are to be adjusted annually based upon a price inflation formula.
The revenues from the fees are to be used for the waste reduction programs and purposes under the bill, including technical assistance, local government grants, and compliance education.
Appropriation: none
Revenue: yes
Fiscal Note: requested January 10, 1990
Effective Date:The bill contains an emergency clause and takes effect immediately.