AN ACT Relating to permits for facilities for the disposal or incineration of hazardous waste; amending RCW 70.105.005, 70.105.007, 70.105.150, 70.105.160, 70.105.165, 70.105.200, and 70.105.215; adding a new section to chapter 70.105 RCW; and declaring an emergency.

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

Sec. 1. Section 2, chapter 448, Laws of 1985 and RCW 70.105.005 are each amended to read as follows:

The legislature hereby finds and declares:

(1) The health and welfare of the people of the state depend on clean and pure environmental resources unaffected by hazardous waste contamination. At the same time, the quality of life of the people of the state is in part based upon a large variety of goods produced by the economy of the state. The complex industrial processes that produce these goods also generate waste byproducts, some of which are hazardous to the public health and the environment if improperly managed.

(2) Reduction in use of hazardous substances and safe and responsible management of hazardous waste is necessary to prevent adverse effects on the environment and to protect public health and safety. There should be a goal of reducing by fifty percent the total amount of hazardous waste generated in the pacific northwest and in this state. The legislature recognizes that this goal will vary from business to business and industry to industry and that it cannot be imposed as a regulatory requirement.

(3) The availability of safe, effective, economical, and environmentally sound facilities for the management of hazardous waste is essential to protect public health and the environment and to preserve the economic strength of the state.

(4) Strong and effective enforcement of federal and state hazardous waste laws and regulations is essential to protect the public health and the environment and to meet the public's concerns regarding the acceptance of needed new hazardous waste management facilities.

(5) Negotiation, mediation, and similar conflict resolution techniques are useful in resolving concerns over the local impacts of siting hazardous waste management facilities.

(6) Safe and responsible management of hazardous waste requires an effective planning process that involves local and state governments, the public, and industry.

(7) Public acceptance and successful siting of needed new hazardous waste management facilities ((~~depends~~)) depend on several factors, including:

(a) Public confidence in the safety of the facilities;

(b) Assurance that the hazardous waste management priorities established in this chapter are being carried out to the maximum degree practical;

(c) Assurance that vigorous efforts are being made to reduce the use of hazardous substances and the generation of hazardous waste;

(d) Assurance that facilities for the disposal and incineration of hazardous waste will be built only when needed and will be sized according to that need;

(e) Recognition that all state citizens benefit from certain products whose manufacture results in the generation of hazardous byproducts, and that all state citizens must, therefore, share in the responsibility for finding safe and effective means to manage this hazardous waste; and

((~~(d)~~)) (f) Provision of adequate opportunities for citizens to meet with facility operators and resolve concerns about local hazardous waste management facilities.

(8) Due to the controversial and regional nature of facilities for the disposal and incineration of hazardous waste, the facilities have had difficulty in obtaining necessary local approvals. The legislature finds that there is a state-wide interest in assuring that such facilities can be sited.

It is therefore the intent of the legislature to preempt local government's authority to approve, deny, or otherwise regulate disposal and incineration facilities, and to vest in the department of ecology the sole authority among state, regional, and local agencies to approve, deny, and regulate preempted facilities, as defined in this chapter.

In addition, it is the intent of the legislature that such complete preemptive authority also be vested in the department for treatment and storage facilities, in addition to disposal and incineration facilities, if a local government fails to carry out its responsibilities established in RCW 70.105.225.

It is further the intent of the legislature that no local ordinance, permit requirement, other requirement, or decision shall prohibit on the basis of land use considerations the construction of a hazardous waste management facility within any zone designated and approved in accordance with this chapter, provided that the proposed site for the facility is consistent with applicable state siting criteria.

(9) With the exception of the disposal site authorized for acquisition under this chapter, the private sector has had the primary role in providing hazardous waste management facilities and services in the state. It is the intent of the legislature that this role be encouraged and continue into the future to the extent feasible. Whether privately or publicly owned and operated, hazardous waste management facilities and services should be subject to strict governmental regulation as provided under this chapter.

(10) Wastes that are exempt or excluded from full regulation under this chapter due to their small quantity or household origin have the potential to pose significant risk to public health and the environment if not properly managed. It is the intent of the legislature that the specific risks posed by such waste be investigated and assessed and that programs be carried out as necessary to manage the waste appropriately. In addition, the legislature finds that, because local conditions vary substantially in regard to the quantities, risks, and management opportunities available for such wastes, local government is the appropriate level of government to plan for and carry out programs to manage moderate-risk waste, with assistance and coordination provided by the department.

Sec. 2. Section 3, chapter 448, Laws of 1985 and RCW 70.105.007 are each amended to read as follows:

The purpose of this chapter is to establish a comprehensive state-wide framework for the planning, regulation, control, and management of hazardous waste which will prevent land, air, and water pollution and conserve the natural, economic, and energy resources of the state. To this end it is the purpose of this chapter:

(1) To provide broad powers of regulation to the department of ecology relating to management of hazardous wastes and releases of hazardous substances;

(2) To promote hazardous substance use reduction and waste reduction and to encourage other improvements in waste management practices;

(3) To promote cooperation between state and local governments by assigning responsibilities for planning for hazardous wastes to the state and planning for moderate-risk waste to local government;

(4) To provide for prevention of problems related to improper management of hazardous substances before such problems occur; and

(5) To assure that ((~~needed~~)) hazardous waste management facilities ((~~may be~~)) are sited in the state only when needed, and to ensure the safe operation of the facilities.

Sec. 3. Section 1, chapter 70, Laws of 1983 1st ex. sess. and RCW 70.105.150 are each amended to read as follows:

The legislature hereby declares that:

(1) The health and welfare of the people of the state depend on clean and pure environmental resources unaffected by hazardous waste contamination. Management and regulation of hazardous waste disposal should encourage practices which result in the least amount of waste being produced. Towards that end, the legislature finds that the following priorities in the management of hazardous waste are necessary and should be followed in order of descending priority as applicable:

(a) Waste reduction;

(b) Waste recycling;

(d) Incineration;

(e) Solidification/stabilization treatment;

(f) Landfill.

(2) As used in this section:

(a) "Waste reduction" means reducing waste so that hazardous byproducts are not produced. Hazardous substance use reduction is the preferred means of reducing waste, with other means of reducing waste available only if hazardous substance use reduction is not successful;

(b) "Waste recycling" means reusing waste materials and extracting valuable materials from a waste stream;

(c) "Physical, chemical, and biological treatment" means processing the waste to render it completely innocuous, produce a recyclable byproduct, reduce toxicity, or substantially reduce the volume of material requiring disposal;

(d) "Incineration" means reducing the volume or toxicity of wastes by use of an enclosed device using controlled flame combustion;

(e) "Solidification/stabilization treatment" means the use of encapsulation techniques to solidify wastes and make them less permeable or leachable; and

(f) "Landfill" means a disposal facility, or part of a facility, at which waste is placed in or on land and which is not a land treatment facility, surface impoundment, or injection well.

Sec. 4. Section 2, chapter 70, Laws of 1983 1st ex. sess. as amended by section 2, chapter 254, Laws of 1984 and RCW 70.105.160 are each amended to read as follows:

The department shall conduct a study to determine the best management practices for categories of waste for the priority waste management methods established in RCW 70.105.150, with due consideration in the course of the study to sound environmental management and available technology. As an element of the study, the department shall review methods that will help achieve the priority of RCW 70.105.150(1)(a), waste reduction, with an emphasis on hazardous substance use reduction. Before issuing any proposed regulations, the department shall conduct public hearings regarding the best management practices for the various waste categories studied by the department. After conducting the study, the department shall prepare new rules or modify existing rules as appropriate to promote implementation of the priorities established in RCW 70.105.150 for management practices which assure use of sound environmental management techniques and available technology. The preliminary study shall be completed by July 1, 1986, and the rules shall be adopted by July 1, 1987. The solid waste advisory committee shall review the studies and the new or modified rules and submit recommendations to the legislature by January 1, ((~~1988~~)) 1991, regarding policy options (such as fee incentives, disposal bans, etc.) that will be used to reduce the production of dangerous and extremely hazardous waste in Washington state.

The studies shall be updated at least once every five years. The funding for these studies shall be from the hazardous waste control and elimination account, subject to legislative appropriation.

Sec. 5. Section 1, chapter 254, Laws of 1984 and RCW 70.105.165 are each amended to read as follows:

(1) ((Independent of the processing or issuance of any or all federal, state, and local permits for disposal of dangerous wastes, no disposal of dangerous wastes at a commercial off-site land disposal facility may be undertaken prior to July 1, 1986, unless:

~~(a) The disposal results from actions taken under RCW 70.105A.060 (2) and (3), or results from other emergency situations; or~~

(b) Studies undertaken by the department under RCW 70.105.160 to determine the best management practices for various waste categories under the priority waste management methods established in RCW 70.105.150 are completed for the particular wastes or waste categories to be disposed of and any regulatory revisions deemed necessary by the department are proposed and do not prohibit land disposal of such wastes; or

~~(c) Final regulations have been adopted by the department that allow for such disposal.~~

(2) Construction of facilities used solely for the purpose of disposal of wastes that have not met the requirements of subsection (1) of this section shall not be undertaken by any developer of a dangerous waste disposal facility.

~~(3)~~)) The department shall prioritize the studies of waste categories undertaken under RCW 70.105.160 to provide initial consideration of those categories most likely to be suitable for land disposal. Any regulatory changes deemed necessary by the department shall be proposed and subjected to the rule-making process by category as the study of each waste category is completed. All of the study shall be completed, and implementing regulations proposed, by July 1, ((~~1986~~)) 1990.

((~~(4)~~) (2) Any final permit issued by the department before the adoption of rules promulgated as a result of the study conducted under RCW 70.105.160 shall be modified as necessary to be consistent with such rules.

Sec. 6. Section 4, chapter 448, Laws of 1985 and RCW 70.105.200 are each amended to read as follows:

(1) The department shall develop, and shall update at least once every five years, a state hazardous waste management plan. The plan shall include, but shall not be limited to, the following elements:

(a) A state inventory and assessment of the capacity of existing facilities to treat, store, dispose, or otherwise manage hazardous waste;

(b) A forecast of future hazardous waste generation, recognizing the hazardous waste management priorities established in RCW 70.105.150 and the potential for reduction in the quantity of hazardous waste generated as a result of efforts under chapter 70.95 RCW;

(c) A forecast of the need for future incineration capacity in accordance with the standards established in section 8 of this act;

(d) A forecast of the need for treatment facilities and recycling opportunities;

(e) A description of the plan or program required by RCW 70.105.160 to promote the waste management priorities established in RCW 70.105.150;

((~~(d)~~)) (f) Siting criteria as appropriate for hazardous waste management facilities, including such criteria as may be appropriate for the designation of eligible zones for designated zone facilities. However, these criteria shall not prevent the continued operation, at or below the present level of waste management activity, of existing facilities on the basis of their location in areas other than those designated as eligible zones pursuant to RCW 70.105.225;

((~~(e)~~)) (g) Siting policies as deemed appropriate by the department; and

((~~(f)~~)) (h) A plan or program to provide appropriate public information and education relating to hazardous waste management. The department shall ensure to the maximum degree practical that these plans or programs are coordinated with public education programs carried out by local government under RCW 70.105.220.

(2) The department shall seek, encourage, and assist participation in the development, revision, and implementation of the state hazardous waste management plan by interested citizens, local government, business and industry, environmental groups, and other entities as appropriate.

(3) Siting criteria shall be completed ((~~by December 31, 1986~~)) as required by RCW 70.105.210. Other plan components listed in subsection (1) of this section shall be completed by June 30, ((~~1987~~)) 1991.

(4) The department shall incorporate into the state hazardous waste management plan those elements of the local hazardous waste management plans that it deems necessary to assure effective and coordinated programs throughout the state.

Sec. 7. Section 3, chapter 210, Laws of 1986 and RCW 70.105.215 are each amended to read as follows:

(1) The legislature recognizes ((~~the~~)) that if efforts at hazardous substance use reduction and waste reduction do not reduce the quantity of hazardous wastes, there may be a need for new, modified, or expanded facilities to treat, incinerate, or otherwise process or dispose of hazardous substances safely. In order to ((~~encourage~~)) plan for the development of such facilities when needed, the department shall adopt rules as necessary regarding the permitting of such facilities to ensure the most expeditious permit processing possible consistent with the substantive requirements of applicable law.

(2) The department shall not issue any permit for a facility for the disposal or incineration of hazardous waste until the hazardous waste management plan required by RCW 70.105.200 is completed. The department shall not issue any permit for a facility for the incineration of hazardous waste until the federal environmental protection agency adopts final regulations establishing standards for hazardous waste incinerators.

(3) The department may issue a permit for a facility for the disposal or incineration of hazardous waste only if it determines that the facility is needed based on the criteria developed by the department pursuant to section 8 of this act. The department shall only issue permits for those facilities that are sized to meet the needed capacity.

(4) If the owner((s)) and operator((s)) are not the same entity, the operator shall be the permit applicant and responsible for the development of the permit application and all accompanying materials, as long as the owner also signs the application and certifies its ownership of the real property described in the application, and acknowledges its awareness of the contents of the application and receipt of a copy thereof.

NEW SECTION. Sec. 8. A new section is added to chapter 70.105 RCW to read as follows:

As part of the hazardous waste management plan developed pursuant to RCW 70.105.200, the department shall estimate the need for landfill and incineration capacity for hazardous wastes generated in this state, Idaho, Oregon, and Alaska. In determining the needed capacity, the department shall consider the following factors:

(1) Hazardous waste reduction efforts must be vigorously implemented throughout the state and the region;

(2) The preferred management hierarchy established in RCW 70.105.150 shall be applied to all hazardous waste generated or treated and disposed of in this state, so that wastes destined for landfill or incineration are only those which are appropriate for that method of disposal;

(3) The decision with respect to incineration capacity must be made after considering the capacity options available, including commercial, captive, on-site, and either fixed or mobile, and that the cumulative capacity of these options carefully reflects maximum reduction potential for those waste streams for which the preferred method of disposal is incineration; and

(4) Incineration capacity decisions can be made only after application of generic criteria relating to the minimization of risk to human health and the environment, the impact on and acceptance by affected communities, the employment of best available control technology, the application of continuous and verifiable monitoring, and the reduction of overall risks associated with managing those incinerable waste streams in comparison to how they would otherwise be managed.

NEW SECTION. Sec. 9. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 10. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.