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                                           ENGROSSED HOUSE BILL NO. 1182

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                                                                          C 013 L 89 E1

State of Washington                               51st Legislature                              1989 Regular Session

By Representatives Rust, D. Sommers, G. Fisher, Fraser and Phillips; by request of Director of Ecology

Read first time 1/18/89; referred to Committee on Environmental Affairs. Passed House February 3. By resolution, returned to House April 23. First Special Session: passed House as amended May 5.  Passed Senate May 6, 1989.

AN ACT Relating to local government roles in hazardous waste siting; and amending RCW 70.105.225 and 70.105.210.

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

        Sec. 1.  Section 7, chapter 448, Laws of 1985 and RCW 70.105.225 are each amended to read as follows:

          (1) Each local government, or combination of contiguous local governments, is directed to:  (a) Demonstrate to the satisfaction of the department that existing zoning allows designated zone facilities as permitted uses; or (b) designate land use zones within its jurisdiction in which designated zone facilities are permitted uses.  The zone designations shall be consistent with the state siting criteria adopted in accordance with RCW 70.105.210, except as may be approved by the department in accordance with subsection (6) of this section.

          (2) Local governments shall not prohibit the processing or handling of hazardous waste in zones in which the processing or handling of hazardous substances is not prohibited.  This subsection does not apply in residential zones.

          (3) The department shall prepare guidelines, as appropriate, for the designation of zones under this section.  The guidelines shall be prepared in consultation with local governments and shall be completed by December 31, 1986.

          (4) The initial designation of zones shall be completed or revised, and submitted to the department ((by June 30, 1988)) within eighteen months after the enactment of siting criteria in accordance with RCW 70.105.210.  Local governments that do not comply with this submittal deadline shall be subject to the preemptive provisions of RCW 70.105.240(4) until such time as zone designations are completed and approved by the department.  Local governments may from time to time amend their designated zones.

          (5) Local governments without land use zoning provisions shall designate eligible geographic areas within their jurisdiction, based on siting criteria adopted in accordance with RCW 70.105.210.  The area designation shall be subject to the same requirements as if they were zone designations.

          (6) Each local government, or combination of contiguous local governments, shall submit its designation of zones or amendments thereto to the department.  The department shall approve or disapprove zone designations or amendments within ninety days of submission.  The department shall approve eligible zone designations if it determines that the proposed zone designations are consistent with this chapter, the applicable siting criteria, and guidelines for developing designated zones:  PROVIDED, That the department shall consider local zoning in place as of January 1, 1985, or other special situations or conditions which may exist in the jurisdiction.  If approval is denied, the department shall state within ninety days from the date of submission the facts upon which that decision is based and shall submit the statement to the local government together with any other comments or recommendations it deems appropriate.   The local government shall have ninety days after it receives the statement from the department to make modifications designed to eliminate the inconsistencies and resubmit the designation to the department for approval.  Any designations shall take effect when approved by the department.

          (7) The department may exempt a local government from the requirements of this section if:

          (a) Regulated quantities of hazardous waste have not been generated within the jurisdiction during the two calendar years immediately preceding the calendar year during which the exemption is requested; and

          (b) The local government can demonstrate to the satisfaction of the department that no significant portion of land within the jurisdiction can meet the siting criteria adopted in accordance with RCW 70.105.210.

        Sec. 2.  Section 5, chapter 448, Laws of 1985 and RCW 70.105.210 are each amended to read as follows:

          By ((December 31, 1986)) May 31, 1990, the department shall develop and adopt criteria for the siting of hazardous waste management facilities.  These criteria will be part of the state hazardous waste management plan as described in RCW 70.105.200.  To the extent practical, these criteria shall be designed to minimize the short-term and long-term risks and costs that may result from hazardous waste management facilities.  These criteria may vary by type of facilities and may consider natural site characteristics and engineered protection.  Criteria may be established for:

          (1) Geology;

          (2) Surface and groundwater hydrology;

          (3) Soils;

          (4) Flooding;

          (5) Climatic factors;

          (6) Unique or endangered flora and fauna;

          (7) Transportation routes;

          (8) Site access;

          (9) Buffer zones;

          (10) Availability of utilities and public services;

          (11) Compatibility with existing uses of land;

          (12) Shorelines and wetlands;

          (13) Sole-source aquifers;

          (14) Natural hazards; and

          (15) Other factors as determined by the department.

                                                                                                                              Passed the House May 5, 1989.

                                                                                                                                         Speaker of the House.

                                                                                                                              Passed the Senate May 6, 1989.

                                                                                                                                       President of the Senate.