AN ACT Relating to solid waste incineration; amending RCW 70.94.431; adding a new section to chapter 70.94 RCW; and prescribing penalties.

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

NEW SECTION. Sec. 1. A new section is added to chapter 70.94 RCW to read as follows:

(1) The department of ecology shall adopt air quality and ash standards for solid waste incineration facilities as follows:

(a) Air quality standards shall be set for (i) oxides of sulfur, carbon, and nitrogen; (ii) dioxin; (iii) furan; (iv) heavy metals, including but not limited to, lead, cadmium, mercury, and aluminum; and (v) toxic organics.

(b) Ash standards shall be set for (i) dioxin; (ii) furan; (iii) heavy metals, including but not limited to, lead, cadmium, mercury, and aluminum; and (iv) toxic organics.

(2) The department shall set the standards under this section with the primary goal being to protect human health. In setting the standards, the department shall consult the state of the art standards for solid waste incineration, including standards developed in Sweden and West Germany.

(3) Standards developed under this section may not be waived by the department.

(4) If ash fails the standards adopted under this section, the ash shall be reclassified as hazardous waste under chapter 70.105 RCW.

Sec. 2. Section 53, chapter 168, Laws of 1969 ex. sess. as last amended by section 19, chapter 109, Laws of 1987 and RCW 70.94.431 are each amended to read as follows:

(1) In addition to or as an alternate to any other penalty provided by law, any person who violates any of the provisions of chapter 70.94 RCW or any of the rules and regulations of the department or the board shall incur a civil penalty in an amount not to exceed one thousand dollars per day for each violation. Each such violation shall be a separate and distinct offense, and in case of a continuing violation, each day's continuance shall be a separate and distinct violation. For the purposes of this subsection, the maximum daily fine imposed by a local board for violations of standards by a specific emissions unit is one thousand dollars.

(2) Further, the person is subject to a fine of up to five thousand dollars to be levied by the director of the department of ecology if requested by the board of a local authority or if the director determines that the penalty is needed for effective enforcement of this chapter. A local board shall not make such a request until notice of violation and compliance order procedures have been exhausted, if such procedures are applicable. For the purposes of this subsection, the maximum daily fine imposed by the department of ecology for violations of standards by a specific emissions unit is five thousand dollars.

(3) Each act of commission or omission which procures, aids or abets in the violation shall be considered a violation under the provisions of this section and subject to the same penalty. The penalties provided in this section shall be imposed pursuant to RCW 43.21B.300.

(4) All penalties recovered under this section by the department shall be paid into the state treasury and credited to the general fund or, if recovered by the authority, fifty percent shall be paid into the treasury of the authority and credited to its funds and fifty percent shall be distributed to the cities, towns and counties within the authority, on a pro rata basis, as each contributes to support the authority pursuant to RCW 70.94.093. If a prior penalty for the same violation has been paid to a local authority, the penalty imposed under subsection (2) of this section shall be reduced by the amount of the payment. ((~~Notwithstanding any other provisions of this chapter, no penalty may be levied for the violation of any opacity standard in an amount exceeding four hundred dollars per day.~~))

(5) (a) Any person who violates the provisions of section 1 of this act, or any of the rules and regulations of the department or board under section 1 of this act, shall incur a civil penalty of one thousand dollars per day for each violation. Each violation shall be a separate and distinct offense, and in case of a continuing violation, each day's continuance shall be a separate and distinct violation. Any person who incurs five violations in any one quarter, shall be assessed a civil penalty of two thousand dollars for each additional violation beyond the first five violations.

(b) The appropriate air pollution control authority shall issue an order to discontinue operations to any person who violates the provisions of section 1 of this act, or any of the rules or regulations of the department or board under section 1 of this act. Violators who appeal an order to discontinue issued under this subsection shall pay the prevailing party's court costs and fees.

(6) To secure the penalty incurred under this section, the state or the authority shall have a lien on any vessel used or operated in violation of this chapter which shall be enforced as provided in RCW 60.36.050.