AN ACT Relating to a moratorium on siting of hazardous waste disposal facilities near agricultural lands; amending RCW 70.105.240; adding new sections 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 the state's present program for permitting the siting and operation of commercial off-site hazardous waste disposal facilities may lead to unfair burdens upon agricultural communities where land costs and population densities are relatively low compared to other regions of the state. The legislature further finds that these factors 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 delay the siting of such facilities within agricultural communities, which generate only a very small proportion of the state's hazardous waste, until the department of ecology has completed a comprehensive review of risks that such facilities pose to agricultural communities, and the equity among the state's regions in bearing the burdens and benefits of the location of such facilities.

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

Before April 1, 1993, the department shall not issue a permit for the siting and operation of a commercial off-site incineration facility to dispose of hazardous wastes where more than one thousand acres of agricultural lands, as defined in RCW 84.34.020, lie within a ten-mile radius of the facility site.

NEW SECTION. Sec. 3. A new section is added to chapter 70.105 RCW to read as follows:

(1) On or before November 1, 1992, 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, Oregon, and Idaho which are likely to be disposed at a facility located within Washington, and the need to site a facility near the origin of the greatest quantity of waste; and

(e) Recommendations for legislative or administrative changes to the state's current siting program to assure environmental and health safety and regional equity in bearing the burdens and benefits of disposal of the state's hazardous waste.

(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 include representatives of the following interests:

(a) Agriculture;

(b) Local government;

(d) Hazardous waste generators; and

(e) Waste management industry.

(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.

(4) The department may amend the hazardous waste management plan required under RCW 70.105.200 or the siting criteria adopted under RCW 70.105.210 based upon the findings and recommendations contained in the report required by this section.

Sec. 4. Section 10, chapter 448, Laws of 1985 and RCW 70.105.240 are each amended to read as follows:

(1) As of July 28, 1985, the state preempts the field of state, regional, or local permitting and regulating of all preempted facilities as defined in this chapter. The department of ecology is designated the sole decision-making authority with respect to permitting and regulating such facilities and no other state agency, department, division, bureau, commission, or board, or any local or regional political subdivision of the state, shall have any permitting or regulatory authority with respect to such facilities including, but not limited to, the location, construction, and operation of such facilities. Permits issued by the department shall be in lieu of any and all permits, approvals, certifications, or conditions of any other state, regional, or local governmental authority which would otherwise apply.

(2) The department shall ensure that any permits issued under this chapter invoking the preemption authority of this section meet the substantive requirements of existing state laws and regulations to the extent such laws and regulations are not inconsistent or in conflict with any of the provisions of this chapter. In the event that any of the provisions of this chapter, or any of the regulations promulgated hereunder, are in conflict with any other state law or regulations, such other law or regulations shall be deemed superseded for purposes of this chapter.

(3) As of July 28, 1985, any ordinances, regulations, requirements, or restrictions of regional or local governmental authorities regarding the location, construction, or operation of preempted facilities shall be deemed superseded. However, in issuing permits under this section, the department shall consider local fire and building codes and condition such permits as appropriate in compliance therewith.

(4) Effective July 1, 1988, the department shall have the same preemptive authority as defined in subsections (1) through (3) of this section in regard to any designated zone facility that may be proposed in any jurisdiction where the designation of eligible zones pursuant to RCW 70.105.225 has not been completed and approved by the department. Unless otherwise preempted by this subsection, designated zone facilities shall be subject to all applicable state and local laws, regulations, plans, and other requirements.

(5) Any permit issued pursuant to this section shall comply with the requirements of section 2 of this act.