H-4413              _______________________________________________

                                          SUBSTITUTE HOUSE BILL NO. 2875

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

By House Committee on Environmental Affairs (originally sponsored by Representatives Rector, Rust, Nelson, Spanel, Phillips, Dellwo, Locke, Valle, Fraser, Jacobsen, G. Fisher, Cooper, Brekke, Sprenkle, Anderson, R. Meyers, Dorn, H. Myers, Peery, Todd, Belcher, Day and Wineberry)

Read first time 2/2/90.

AN ACT Relating to permits for the treatment, storage, or disposal of hazardous wastes, including substances composed of both radioactive and hazardous components; amending RCW 70.105.109; and declaring an emergency.

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

        Sec. 1.  Section 2, chapter 488, Laws of 1987 and RCW 70.105.109 are each amended to read as follows:

(1) The department of ecology may regulate all hazardous wastes, including those composed of both radioactive and hazardous components, to the extent it is not preempted by federal law.

(2) A facility, or unit within such a facility, shall not treat, store, or dispose of transuranic mixed hazardous waste which is not generated at the facility until a final status permit is issued for such facility or unit pursuant to the requirements of this chapter and the federal resource conservation and recovery act, 42 U.S.C. Sec. 6901 et seq.  In addition, the department of ecology shall not authorize any unit within such a facility to receive transuranic mixed hazardous waste not generated at the facility until such facility is in full compliance with final status permit standards and requirements as determined by the department.

(3) Nothing in subsection (2) of this section affects the applicability, enforceability, or implementation of the Hanford federal facility agreement and consent order, as amended, or other existing agreements, obligations, or orders of the department.

(4) For purposes of this section, "transuranic mixed hazardous waste" means waste composed of both hazardous and transuranic radioactive components in concentrations greater than one hundred nanocuries per gram (nCi/g).

NEW SECTION. Sec. 2.     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. 3.     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.