AN ACT Relating to landspreading of sewage sludge; amending RCW 70.95.030 and 70.95.180; adding new sections to chapter 70.95 RCW; and creating new sections.

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

NEW SECTION. Sec. 1. The legislature finds that the practice of sludge landspreading may pose an unnecessary risk to human health and the environment, and that stricter controls and standards for landspreading sludge are necessary. The legislature also finds that in order to ensure the future availability of sludge landspreading sites that conform to the solid waste management priorities established under this chapter, and that are cost-effective, environmentally sound, and protective of the health and interests of persons living adjacent to or nearby such sites, cooperation between sludge applicators and affected citizens should be encouraged and facilitated.

Sec. 2. Section 3, chapter 134, Laws of 1969 ex. sess. as last amended by section 2, chapter 431, Laws of 1989 and RCW 70.95.030 are each amended to read as follows:

As used in this chapter, unless the context indicates otherwise:

(1) "City" means every incorporated city and town.

(2) "Commission" means the utilities and transportation commission.

(3) "Committee" means the state solid waste advisory committee.

(4) "Department" means the department of ecology.

(5) "Director" means the director of the department of ecology.

(6) "Disposal site" means the location where any final treatment, utilization, processing, or deposit of solid waste occurs.

(7) "Energy recovery" means a process operating under federal and state environmental laws and regulations for converting solid waste into usable energy and for reducing the volume of solid waste.

(8) "Functional standards" means criteria for solid waste handling expressed in terms of expected performance or solid waste handling functions.

(9) "Incineration" means a process of reducing the volume of solid waste operating under federal and state environmental laws and regulations by use of an enclosed device using controlled flame combustion.

(10) "Jurisdictional health department" means city, county, city-county, or district public health department.

(11) "Landfill" means a disposal facility or part of a facility at which solid waste is placed in or on land and which is not a land treatment facility.

(12) "Landspreading" means applying sludges or solid wastes onto or into soil for purposes of utilization or disposal.

(13) "Local government" means a city, town, or county.

((~~(13)~~)) (14) "Person" means individual, firm, association, copartnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever.

((~~(14)~~)) (15) "Recyclable materials" means those solid wastes that are separated for recycling or reuse, such as papers, metals, and glass, that are identified as recyclable material pursuant to a local comprehensive solid waste plan. Prior to the adoption of the local comprehensive solid waste plan, adopted pursuant to RCW 70.95.110(2), local governments may identify recyclable materials by ordinance from July 23, 1989.

((~~(15)~~)) (16) "Recycling" means transforming or remanufacturing waste materials into usable or marketable materials for use other than landfill disposal or incineration.

((~~(16)~~)) (17) "Sludge" means a semi-solid substance consisting of settled sewage solids combined with varying amounts of water and dissolved minerals generated from a wastewater treatment plant, septic tank system, or other source.

(18) "Solid waste" or "wastes" means all putrescible and nonputrescible solid and semisolid wastes including, but not limited to, garbage, rubbish, ashes, industrial wastes, swill, sludge, demolition and construction wastes, abandoned vehicles or parts thereof, and recyclable materials.

((~~(17)~~)) (19) "Solid waste handling" means the management, storage, collection, transportation, treatment, utilization, processing, and final disposal of solid wastes, including the recovery and recycling of materials from solid wastes, the recovery of energy resources from solid wastes or the conversion of the energy in solid wastes to more useful forms or combinations thereof.

((~~(18)~~)) (20) "Source separation" means the separation of different kinds of solid waste at the place where the waste originates.

((~~(19)~~)) (21) "Vehicle" includes every device physically capable of being moved upon a public or private highway, road, street, or watercourse and in, upon, or by which any person or property is or may be transported or drawn upon a public or private highway, road, street, or watercourse, except devices moved by human or animal power or used exclusively upon stationary rails or tracks.

((~~(20)~~)) (22) "Waste reduction" means reducing the amount or toxicity of waste generated or reusing materials.

NEW SECTION. Sec. 3. A new section is added to chapter 70.95 RCW to read as follows:

(1) A comprehensive, site specific, environmental impact statement shall be completed pursuant to the procedures outlined in chapter 43.21C RCW for each proposed sludge landspreading site before a permit may be granted by the jurisdictional health department for such site.

(2) Subsection (1) of this section shall apply until:

(a) The United States environmental protection agency has adopted final regulations specifying standards for utilization and disposal of sludge under 40 C.F.R. Parts 257 and 503; and

(b) The department has completed the study described in section 8 of this act, and has adopted rules for the environmentally safe use of municipal sewage sludge and septage in this state.

(3) Subsection (1) of this section does not apply to sites for which a permit has been granted from the jurisdictional health department on or before September 1, 1989, or that have previously been used for sludge landspreading purposes.

Sec. 4. Section 18, chapter 134, Laws of 1969 ex. sess. as amended by section 30, chapter 127, Laws of 1988 and RCW 70.95.180 are each amended to read as follows:

(1) Applications for permits to operate new or existing solid waste disposal sites shall be on forms prescribed by the department and shall contain a description of the proposed and existing facilities and operations at the site, plans and specifications for any new or additional facilities to be constructed, and such other information as the jurisdictional health department may deem necessary in order to determine whether the site and solid waste disposal facilities located thereon will comply with local and state regulations.

(2) Upon receipt of an application for a permit to establish, alter, expand, improve, or continue in use a solid waste disposal site, the jurisdictional health department shall refer one copy of the application to the department which shall report its findings to the jurisdictional health department.

(3) The jurisdictional health department shall investigate every application as may be necessary to determine whether an existing or proposed site and facilities meet all applicable laws and regulations, and conforms with the approved comprehensive solid waste handling plan, and complies with all zoning requirements.

(4) When evaluating a permit application for a sludge landspreading site, the jurisdictional health department may consider the extent to which adverse off-site or long-term impacts associated with sludge landspreading operations will be addressed by the person seeking the permit. The jurisdictional health department may condition a permit with mitigation requirements for adverse off-site or long-term impacts. Mitigation required under this section may include, but is not limited to, road and highway improvements, water system enhancements, provision of community parks or open space, or other community infrastructure improvements.

(5) When the jurisdictional health department finds that the permit should be issued, it shall issue such permit. Every application shall be approved or disapproved within ninety days after its receipt by the jurisdictional health department.

((~~(5)~~)) (6) The jurisdictional board of health may establish reasonable fees for permits and renewal of permits. All permit fees collected by the health department shall be deposited in the treasury and to the account from which the health department's operating expenses are paid.

NEW SECTION. Sec. 5. A new section is added to chapter 70.95 RCW to read as follows:

(1) Local boards of health shall conduct a public hearing before granting a permit under RCW 70.95.180 for a sludge landspreading site larger than one hundred acres in size. Hearings required under this section shall provide for public disclosure and comment on, at a minimum:

(a) Proposed site locations and boundaries;

(b) Sludge application schedules;

(c) Plans to ensure compliance with all applicable state and federal rules, regulations, and guidelines for sludge landspreading;

(d) Plans to mitigate off-site impacts;

(e) Long-term site plans; and

(f) Community mitigation plans.

(2) Public hearings required by this section shall be held in the vicinity of the proposed landspreading site.

NEW SECTION. Sec. 6. A new section is added to chapter 70.95 RCW to read as follows:

(1) The legislative authority of a county may adopt rules requiring the preparation of a community mitigation plan by a person applying for a landspreading site permit under this chapter for a site larger than one hundred acres in size. Each community mitigation plan shall be designed to provide both short-term and long-term enhancements to communities impacted by the landspreading operation. Enhancements provided within community mitigation plans need not correspond directly with impacts from the landspreading operation.

(2) Counties requiring the preparation of community mitigation plans under subsection (1) of this section shall prepare guidelines for the preparation of such plans. Guidelines shall include provision for citizen involvement during the preparation of community mitigation plans, and shall be designed to foster cooperation between owners or operators of sludge landspreading sites, local governments, and affected citizens.

NEW SECTION. Sec. 7. A new section is added to chapter 70.95 RCW to read as follows:

(1) The legislative authority of a county may impose, by resolution or ordinance, a landspreading fee of up to one dollar for each ton of sludge landspread within the county.

(2) A landspreading fee imposed by a county shall be paid by owners or operators of lands used for the landspreading of sludge. The legislative authority of a county shall exempt specific types of landspreading operations from the sludge landspreading fee if:

(a) The landspreading site is fewer than one hundred acres in size; or

(b) The legislative authority determines that such operations do not create:

(i) Substantial workload requirements for jurisdictional health departments; or

(ii) Adverse off-site or long-term impacts.

(3) Each county imposing a landspreading fee shall create a local sludge regulation and mitigation account. All fees collected under subsection (1) of this section shall be deposited in the local sludge regulation and mitigation account. Funds from the sludge regulation and mitigation account may be used for:

(a) Jurisdictional health department activities relating to solid waste permit responsibilities required under this chapter including site investigation and monitoring, and permit issuance and enforcement; and

(b) Mitigation of any indirect or long-term impacts associated with landspreading operations, including costs of preparing and implementing community mitigation plans under section 6 of this act.

NEW SECTION. Sec. 8. (1) The department shall conduct a study of alternative methods for sludge utilization and disposal. Alternatives to be included in the study shall include, but are not limited to: Composting, landspreading, land disposal, manufacture of fertilizer pellets, incineration, and use of sludge as filling material in oil case drillings.

(2) The study shall, at a minimum, compare each alternative sludge disposal and utilization method in the following areas:

(a) Impact on the environment, including long-term impacts, and effects on air quality, ground water, surface water, wildlife, and human health;

(b) Capital and operating costs; and

(3) The department shall report to the legislature on the results of the study by December 1, 1990, and shall make specific recommendations concerning:

(a) Methods to mitigate any adverse impacts on citizens living near sludge utilization or disposal sites; and

(b) Methods to reduce the concentration of heavy metals and pathogens in sludge, including options for increasing industrial pretreatment requirements.