SENATE BILL REPORT

SB 6583

BYSenators McDonald, Metcalf, Sutherland, Barr, Amondson, Benitz, Warnke and Johnson

Changing provisions relating to air pollution control authorities.

Senate Committee on Environment & Natural Resources

Senate Hearing Date(s):January 18, 1990

Majority Report:     Do pass.

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

Senate Staff:Dawn P. Vyvyan (786-7717)

                March 3, 1990

House Committe on Environmental Affairs

AS PASSED SENATE, FEBRUARY 5, 1990

BACKGROUND:

Under existing law, persons who violate the Washington Clean Air Act, or any rules and regulations of the Department of Ecology or the board of directors of any air pollution control agency ("authority") shall incur a civil penalty in an amount not to exceed $1,000 per day for each violation.

In addition, a person is subject to a fine of up to $5,000.  The fine will be levied by the Director of the Department of Ecology, if requested by the authority, at the discretion of the director if it is determined that the penalty is needed for effective enforcement of the Washington Clean Air Act.  If the violation is by a specific emissions unit, the maximum daily fine is $5,000.

A reimbursement procedure gives cities, towns, and counties within the authority, 50 percent of the fines collected on a pro rata basis.

Revenues are collected from sources of air pollution for services rendered by local air authorities.  During any fiscal year, revenues collected cannot exceed 50 percent of the supplemental (per capita) income paid by the component cities, towns, and counties to operate the authority.

Washington's Clean Air Act includes provisions which regulate the use of wood stoves and fireplaces.  Regulatory provisions curtail wood stove emissions during periods of poor (impaired) air quality.  A civil penalty of up to $1,000 is imposed against violators.  Liability for violations by residents in condominiums, and in associations formed by other multi-family dwellings are not specifically addressed by current law.

SUMMARY:

All fines recovered by the Department of Ecology are paid into the state treasury and credited to the general fund or, if recovered by the authority, are retained and paid into the authority's treasury and credited to its funds.

There is no limitation on the revenues collected from sources of air pollution for services rendered by local air authorities during any fiscal year.

Condominium owners' associations and associations formed by multi-family dwellings are not liable when one of their residents uses an uncertified wood stove or fireplace during periods of impaired air quality.  The owners' associations shall cooperate with local air pollution control authorities to acquaint residents of the burning restrictions.

Appropriation:  none

Revenue:   none

Fiscal Note:    none requested

Senate Committee - Testified:   Anita Frankel, Director, Puget Sound Air Pollution Control Authority (pro); J.M. Ryherd, lobbyist, Puget Sound Air Pollution Control Authority (pro)

HOUSE AMENDMENT:

The registration fee schedules, adopted by the board of air authorities, set forth the registration fees paid by persons who operate air contaminant sources.  The schedules are amended so they may not be increased by more than 5 percent per year beginning January 1, 1990 through January 1, 1995.