H-3976              _______________________________________________

                                                   HOUSE BILL NO. 2875

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

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 1/24/90 and referred to Committees on Environmental Affairs/Energy & Utilities.

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) Any facility owner or operator of a site storing, managing, processing, transferring, treating, or disposing of mixed hazardous wastes, composed of both hazardous and radioactive components, shall apply for and obtain a final facility permit under this chapter and the federal resource conservation and recovery act, 42 U.S.C. Sec. 6901 et seq., before transporting to, or storing or transferring at, the facility any additional mixed hazardous wastes not generated at the facility.

(3) The department shall not issue any permit requested under subsection (2) of this section unless the facility owner or operator is in compliance with the requirements of this chapter and the federal resource conservation and recovery act for obtaining and maintaining a final facility permit for existing mixed hazardous wastes stored, treated, or disposed of at the facility.

(4) If any sites at the facility which have interim status, or for which an interim status permit exists, but which fail to meet requirements for maintaining interim status under this chapter or the federal resource conservation and recovery act, including, but not limited to, ground water monitoring and compliance requirements, the department shall find that the applicant for a final facility permit for mixed hazardous wastes under this section has failed to demonstrate compliance for purposes of obtaining such a permit pursuant to subsection (2) or (3) of this section.  The department shall not issue a permit, or modify any existing permit, for the treatment, storage, or disposal of any additional mixed hazardous wastes not generated at the facility, until the facility is in full compliance with this chapter and the federal resource conservation and recovery act.

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.