S-807                 _______________________________________________

                                                   SENATE BILL NO. 5810

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State of Washington                               51st Legislature                              1989 Regular Session

By Senators Barr, Madsen, Sutherland and Benitz

Read first time 2/9/89 and referred to Committee on  Agriculture.

AN ACT Relating to hazardous materials clean up; and amending RCW 4.24.314.

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

        Sec. 1.  Section 3, chapter 165, Laws of 1984 and RCW 4.24.314 are each amended to read as follows:

          (1) Any person ((transporting)) responsible for causing a release or potential release of hazardous materials requiring an emergency response shall clean up any such hazardous materials ((incident that occurs during transportation)), and shall take such additional action as may be reasonably necessary after consultation with the designated incident command agency in order to achieve compliance with all applicable federal and state laws and regulations.

          Any person responsible for causing the release or potential release of  hazardous materials ((incident)), other than operating employees of a ((transportation)) company, is liable to the state or any political subdivision thereof for extraordinary costs incurred by the state or the political subdivision in the course of protecting the public from actual or threatened harm resulting from the hazardous materials incident.

          (2) "Extraordinary costs" as used in this section means those reasonable and necessary costs incurred by a governmental entity in the course of protecting life and property that exceed the normal and usual expenses anticipated for police and fire protection, emergency services, and public works.  These shall include, but not be limited to, overtime for public employees, unusual fuel consumption requirements, any loss or damage to publicly owned equipment, and the purchase or lease of any special equipment or services required to protect the public during the hazardous materials incident.