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                                          ENGROSSED SENATE BILL NO. 6252

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State of Washington                               51st Legislature                              1990 Regular Session

By Senators Patterson, Murray, Wojahn, Barr, Bender and Conner

Read first time 1/9/90 and referred to Committee on Environment & Natural Resources.

AN ACT Relating to a study of the impact of hazardous materials on agricultural lands; adding a new section to chapter 70.105 RCW; and creating a new section.

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

NEW SECTION. Sec. 1.     The legislature finds that economic factors considered within the program for permitting the siting and operation of commercial off-site hazardous waste disposal facilities must not be elevated above human health and environmental quality concerns in the eventual siting of such facilities.  It is therefore the intent of this act to review the potential siting of such facilities within the agricultural communities and direct the department of ecology to complete a review to determine the impact of such facilities to agricultural lands.

NEW SECTION. Sec. 2.  A new section is added to chapter 70.105 RCW to read as follows:

          (1) On or before November 1, 1990, the department shall submit a report to the legislature and governor which includes the following:

          (a) An assessment of the risks that airborne contaminants from hazardous waste incineration facilities pose to nearby agricultural lands and their products;

          (b) An assessment of the risks that the landfill disposal of the ash from such facilities pose to nearby agricultural lands and their products;

          (c) An identification of general areas throughout all geographic regions of the state which may meet the siting criteria for hazardous waste disposal facilities adopted as required by RCW 70.105.210;

          (d) An assessment of the origins and quantity of hazardous waste within Washington, Alaska, Oregon, and Idaho which are likely to be disposed at a facility located within Washington.  Information pertaining to the origins and quantity of hazardous waste within the region shall be based on information from the Pacific Northwest Hazardous Waste Advisory Council;

          (e) The assessment and report shall be based on a review of existing scientific studies and information.  Such studies and information collected for assessment on or before June 15, 1990, shall be deemed as "existing scientific studies and information" for the purposes of this section.  The assessment and report shall be based on the relative impact on existing background hazardous material levels; and

          (f) If the department determines that the siting regulations adopted under RCW 70.105.210 meet the requirements of this subsection (1), then the regulations shall be reported to the legislature in lieu of the report required in this subsection (1).

          (2) In preparing the report, the department shall form and incorporate the advice of an advisory committee with balanced representation geographically throughout the state, and which includes representatives of the following interests:

          (a) Agriculture;

          (b) Local government;

          (c) Environmental organizations;

          (d) Hazardous waste generators;

          (e) Waste management industry, and

          (f) The business community.

          (3) The department shall also consult with recognized scientific authorities on the environmental and health impacts of the siting and operation of hazardous waste disposal facilities, and review the operational record of such facilities located in other states and countries.