S-166                 _______________________________________________

                                                   SENATE BILL NO. 5126

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Senators Benitz, Williams, Bluechel, Owen, Nelson, Stratton, Sutherland and Metcalf

Read first time 1/16/89 and referred to Committee on Energy & Utilities.

AN ACT Relating to a surveillance fee for low-level radioactive waste disposal; and amending RCW 70.98.085.

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

        Sec. 1.  Section 3, chapter 383, Laws of 1985 as amended by section 2, chapter 2, Laws of 1986 and RCW 70.98.085 are each amended to read as follows:

          (1) The agency is empowered to suspend and reinstate site use permits consistent with current regulatory practices and in coordination with the department of ecology, for generators, packagers, or brokers using the Hanford low-level radioactive waste disposal facility.

          (2) The agency shall collect a surveillance fee as an added charge on each cubic foot of low level radioactive waste disposed of at the disposal site in this state which shall be set at a level that is sufficient to fund completely the radiation control activities of the agency ((which are not otherwise covered by cost recovery programs including, but not limited to, any funds from federal sources)) directly related to the management, licensing, or regulation of the disposal site:  PROVIDED, That the surveillance fee shall not exceed four percent of the basic minimum fee charged by an operator of a low-level radioactive waste disposal site in this state.  The basic minimum fee consists of the disposal fee for the site operator, the fee for the perpetual care and maintenance fund administered by the state, the fee for the state closure fund, and the tax collected pursuant to chapter 82.04 RCW.  Site use permit fees and surcharges collected under chapter 43.200 RCW are not part of the basic minimum fee.  The fee shall also provide funds ((for other state agencies that incur expenses as a result of the control and management of the disposal of low-level radioactive waste in the state of Washington)) to the Washington state patrol for costs incurred from inspection of low-level radioactive waste shipments entering this state.  Disbursements for ((these purposes to other state agencies)) this purpose shall be by authorization of the secretary of the department of social and health services or the secretary's designee.

          The agency may adopt such rules as are necessary to carry out its responsibilities under this section.