AN ACT Relating to the reduction of hazardous substances and waste; amending RCW 70.95C.010, 70.95C.020, 70.95C.030, and 70.95C.040; adding a new section to chapter 70.95 RCW; adding new sections to chapter 70.95C RCW; adding a new chapter to Title 70 RCW; repealing RCW 70.105A.010, 70.105A.020, 70.105A.030, 70.105A.035, 70.105A.040, 70.105A.050, 70.105A.060, 70.105A.070, 70.105A.080, 70.105A.090, 70.105A.900, and 70.105A.905; and declaring an emergency.

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

Sec. 1. Section 1, chapter 177, Laws of 1988 and RCW 70.95C.010 are each amended to read as follows:

((The legislature finds that land disposal and incineration of solid and hazardous waste can be both harmful to the environment and costly to those who must dispose of the waste. In order to address this problem in the most cost-effective and environmentally sound manner, and to implement the highest waste management priority as articulated in RCW 70.95.010 and 70.105.150, public and private efforts should focus on reducing the generation of waste. Waste reduction can be achieved by encouraging voluntary efforts to redesign industrial, commercial, production, and other processes to result in the reduction or elimination of waste byproducts and to maximize the in-process reuse or reclamation of valuable spent material.))

The legislature finds that land disposal and incineration of solid and hazardous waste can be both harmful to the environment and costly to those who must dispose of the waste. The legislature also finds that the capacity for hazardous waste land disposal and incineration is currently limited within the state.

As a result, it is urgent that public and private efforts focus on reducing the use of hazardous substances and the generation of waste. In the interest of protecting the public health, safety, and the environment, the legislature declares that it is the policy of the state of Washington to encourage reduction in the use of hazardous substances and reduction in the generation of hazardous waste without shifting the risk from one part of a process, environmental medium, or product to another. The legislature finds that the best means to implement this policy in a cost-effective and environmentally sound manner, and to implement the highest waste management priority as articulated in RCW 70.95.010 and 70.105.150 is to:

(1) Provide hazardous substance users and all waste generators with technical assistance on hazardous substance use reduction and waste reduction; and

(2) Require hazardous substance users and hazardous waste generators to develop specific hazardous substance use reduction and waste reduction performance goals, programs, and strategies and prepare pollution prevention plans to implement the programs and strategies and to achieve their goals.

The legislature finds the hazardous wastes are generated by numerous different sources including, but not limited to, businesses both large and small, households, and public entities. The legislature further finds that a goal against which efforts at waste reduction may be measured is essential for an effective hazardous waste reduction program. The pacific northwest hazardous waste advisory council has endorsed a goal of reducing, through hazardous substance use reduction and waste reduction techniques, the generation of hazardous waste by fifty percent by 1995. The legislature adopts this as a policy goal for the state of Washington. The legislature recognizes that many individual businesses have already reduced the generation of hazardous waste through appropriate hazardous waste reduction techniques. Therefore, the goal of reducing hazardous waste generation by fifty percent cannot be applied as a regulatory requirement.

Sec. 2. Section 2, chapter 177, Laws of 1988 and RCW 70.95C.020 are each amended to read as follows:

As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise((~~, the definitions in this section apply throughout this chapter~~)).

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

(2) "Director" means the director of the department of ecology or the director's designee.

(3) "Dangerous waste" shall have the same definition as set forth in RCW 70.105.010(5) and shall specifically include those wastes designated as dangerous by rules adopted pursuant to chapter 70.105 RCW.

(4) "EPA/state identification number" means the number assigned by the EPA (environmental protection agency) or by the department of ecology to each generator and/or transporter and treatment, storage, and/or disposal facility.

(5) "Extremely hazardous waste" shall have the same definition as set forth in RCW 70.105.010(6) and shall specifically include those wastes designated as extremely hazardous by rules adopted pursuant to chapter 70.105 RCW.

(6) "Fee" means the annual hazardous waste fees imposed under section 9 of this act.

(7) "Generate" means any act or process which produces hazardous waste or first causes a hazardous waste to become subject to regulation.

(8) "Hazardous substance" means any hazardous substance as defined under RCW 70.105D.020, as adopted by rule under RCW 70.105D.020(9)(c), and all ozone depleting compounds as defined by the Montreal Protocol of October 1987.

(9) (a) "Hazardous substance use reduction" means the reduction, avoidance, or elimination of the use or production of hazardous substances without creating substantial new risks to human health or the environment and without transferring pollutants between environmental media.

(b) "Hazardous substance use reduction" includes proportionate changes in the usage of hazardous substances as the usage of a hazardous substance or hazardous substances changes as a result of production changes or other business changes.

(10) "Hazardous substance user" means any facility required to report under section 312 or 313 of Title III of the Superfund Amendments and Reauthorization Act except those facilities that are required to report only because of their use of gasoline, diesel, and/or heating fuel.

(11) "Hazardous waste" means and includes all dangerous and extremely hazardous wastes, but, for the purposes of this chapter, does not include radioactive wastes.

(12) "Hazardous waste generator" means any person generating hazardous waste regulated by the department.

(13) "Office" means the office of waste reduction.

((~~(4)~~)) (14) "Person" means an individual, trust, firm, joint stock company, partnership, association, state, public or private or municipal corporation, commission, political subdivision of a state, interstate body, the federal government, including any agency or officer thereof, and any Indian tribe or authorized tribal organization.

(15) "Process" means all industrial, commercial, production, and other processes that result in the generation of waste.

((~~(5)~~)) (16) "Recycling" means reusing waste materials and extracting valuable materials from a waste stream.

(17) "Treatment" means the physical, chemical, or biological processing of waste to render it completely innocuous, produce a recyclable by-product, reduce toxicity, or substantially reduce the volume of material requiring disposal as described in the priorities established in RCW 70.105.150. Treatment does not include incineration.

(18) "Waste" means any solid waste as defined under RCW 70.95.030, any hazardous waste as defined under RCW 70.105.010(15)((~~, any hazardous substance as defined under RCW 70.105.010(14)~~)), any air contaminant as defined under RCW 70.94.030, and any organic or inorganic matter that shall cause or tend to cause water pollution as defined under RCW 90.48.020.

((~~(6)~~)) (19) "Waste generator" means any individual, business, government agency, or any other organization that generates waste.

((~~(7)~~)) (20) "Waste reduction" means all in-plant ((~~practices~~)) changes that reduce, avoid, or eliminate the ((~~amount or toxicity of waste generated~~)) generation of wastes or the toxicity of wastes, prior to generation, without creating substantial new risks to human health or the environment and without transferring pollutants between environmental media.

Sec. 3. Section 3, chapter 177, Laws of 1988 and RCW 70.95C.030 are each amended to read as follows:

(1) There is established in the department an office of waste reduction. The office shall use its authorities to encourage the voluntary reduction of ((~~waste~~)) hazardous substance usage and waste generation by hazardous substance users and waste generators. The office shall prepare and submit a quarterly progress report to the director and the director shall submit an annual progress report to the appropriate environmental standing committees of the legislature beginning December 31, 1988.

(2) The office shall be the coordinating center for all state agency programs that provide technical assistance to hazardous substance users and waste generators and shall serve as the state's lead agency and promoter for such programs. In addition to this coordinating function, the office shall encourage hazardous substance use reduction and waste reduction by:

(a) Providing for the rendering of advice and consultation to hazardous substance users and waste generators on hazardous substance use reduction and waste reduction techniques, including assistance in preparation of pollution prevention plans required by section 6 of this act;

(b) Sponsoring or co-sponsoring with public or private organizations technical workshops and seminars on hazardous substance use reduction and waste reduction;

(c) Administering a hazardous substance use reduction and waste reduction data base and hotline providing comprehensive referral services to hazardous substance users and waste generators;

(d) Administering a hazardous substance use reduction and waste reduction research and development program;

(e) Coordinating a hazardous substance use reduction and waste reduction public education program that includes the utilization of existing publications from public and private sources, as well as publishing necessary new materials on waste reduction;

(f) Recommending to institutions of higher education in the state courses and curricula in areas related to hazardous substance use reduction and waste reduction; and

(g) ((~~Requiring energy and incineration facilities to retain records of monitoring and operating data for a minimum of ten years after permanent closure of the facility~~)) Operating an intern program in cooperation with institutions of higher education and other outside resources to provide technical assistance to hazardous substance users and waste generators on hazardous substance use reduction and waste reduction techniques and to carry out research projects as needed within the office.

NEW SECTION. Sec. 4. A new section is added to chapter 70.95 RCW to read as follows:

The department shall require energy recovery and incineration facilities to retain records of monitoring and operation data for a minimum of ten years after permanent closure of the facility.

Sec. 5. Section 4, chapter 177, Laws of 1988 and RCW 70.95C.040 are each amended to read as follows:

(1) The office shall establish a hazardous substance use reduction and waste reduction consultation program to be coordinated with other state hazardous substance use reduction and waste reduction consultation programs.

(2) The director may grant a request by any hazardous substance user or waste generator for advice and consultation on hazardous substance use reduction and waste reduction techniques and assistance in preparation, modification, or implementation of the pollution prevention plans required by section 6 of this act. Pursuant to a request((~~, the director may visit any~~)) from a facility such as a business, governmental entity, or other process site in the state, the director may visit the facility making the request for the purposes of observing the waste-generating process, obtaining information relevant to waste reduction, rendering advice, and making recommendations. No such visit may be regarded as an inspection or investigation, and no notices or citations may be issued, or civil penalty be assessed, upon such a visit. ((No)) A representative of the director ((~~designated to render~~)) providing advisory or consultative services under this section may not have any enforcement authority.

(3) Consultation and advice given under this section shall be limited to the matters specified in the request and shall include specific techniques of waste reduction tailored to the relevant process. In granting any request for advisory or consultative services, the director may provide for an alternative means of affording consultation and advice other than on-site consultation.

(4) Any proprietary information obtained by the director while carrying out the duties required under this section shall remain confidential and shall not become part of the data base established under RCW 70.95C.060 without written permission of the requesting party.

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

(1) Each hazardous waste generator who generates more than two thousand six hundred forty pounds of hazardous waste per year and each hazardous substance user, except for those facilities that are primarily permitted treatment, storage, and disposal facilities or recycling facilities, shall prepare a pollution prevention plan. A company with multiple interrelated facilities where the manufacturing processes in the facilities are substantially similar, may prepare a single plan covering one or more of those facilities.

(2) The purpose and intent of these plans is to encourage the voluntary reduction of the use of hazardous substances and the generation of hazardous wastes by hazardous substance users and hazardous waste generators.

(3) Six months prior to the date when the initial plan or an update must be completed, each user or generator required to write a plan shall notify all of its employees of the requirements for the plan or update and solicit comments or suggestions from all employees on hazardous substance use and waste reduction options.

(4) The department shall adopt rules for preparation of pollution prevention plans by April 1, 1991. The rules shall require the plan to address the following options: Hazardous substance use reduction, waste reduction, recycling, and treatment. In the planning process, first consideration shall be given to hazardous substance use reduction and waste reduction options. Consideration shall be given next to recycling options. Recycling options may be considered only after hazardous substance use reduction options and waste reduction options have been thoroughly researched and shown to be inappropriate and may be included in the plan only where such recycling can be shown to confer a higher degree of protection to the public health, safety, and the environment than hazardous substance use reduction options, waste reduction options, or both. Treatment options may be considered only after hazardous substance use reduction, waste reduction, and recycling options have been thoroughly researched and shown to be inappropriate and may be included in the plan only where such treatment can be shown to confer a higher degree of protection to the public health, safety, and the environment than hazardous substance use reduction, waste reduction, and/or recycling options. Documentation of the research shall be available to the department upon request.

(5) All plans will be written in conformance with the format prescribed in the rules adopted under this section. The rules shall require the plans to include, but not be limited to:

(a) A written policy articulating management and corporate support for the pollution prevention plan and a commitment to implementing planned activities and achieving established goals;

(b) Plan scope and objectives, which shall include:

(i) Analysis of current hazardous substance use and hazardous waste generation;

(ii) Description of current hazardous substance use reduction, waste reduction, recycling and treatment activities;

(iii) Identification of further hazardous substance use reduction, waste reduction, recycling, and treatment opportunities;

(iv) Analysis of each identified opportunity including the amount of hazardous substance use reduction and waste reduction that would be achieved, the costs of implementing the option, the technical and legal feasibility of the option, and the environmental benefits achieved. The analysis of options shall demonstrate that hazardous substance use reduction and waste reduction options were given priority over recycling options and that recycling options were given priority over treatment options;

(v) Selection of options to be implemented in accordance with the priorities established in subsection (4) of this section. Priority shall be given to those options that result in the greatest reduction of hazardous substance usage and waste generated, and achieve the highest degree of protection to the public health, safety, and the environment;

(vi) Impediments to implementing the options based on these priorities shall be addressed in the plan. Impediments considered acceptable include, but are not limited to, adverse impacts on product quality, legal or contractual obligations, economic practicality, and/or technical feasibility;

(vii) A written policy stating that in implementing the selected options, risks will not be shifted from one part of a process, environmental media, or product to another;

(viii) Specific performance goals in each of the following categories, expressed in numeric terms. If the establishment of numeric performance goals is not practicable, the performance goals shall include a clearly stated list of objectives designed to lead to the establishment of numeric goals as soon as is practicable. Goals shall be set for a five-year period from the first reporting date. The goals shall include the anticipated amount of:

(A) Hazardous substances to be eliminated from use;

(B) Wastes to be reduced through waste reduction techniques;

(D) Wastes to be treated; and

(ix) A description of how the wastes that are not recycled or treated and the residues from recycling and treatment processes are managed may be included in the plan.

(c) Hazardous substance use and hazardous waste accounting systems that identify hazardous substance use and waste management costs and factor in liability, compliance, and oversight costs;

(d) A financial description of the plan;

(e) Personnel training and employee involvement programs;

(f) A five-year plan implementation schedule;

(g) Documentation of hazardous substance use reduction and waste reduction efforts completed before or in progress at the time of the first reporting date; and

(h) An executive summary of the plan, which shall include, but not be limited to:

(i) A summary of hazardous substances used and wastes generated;

(ii) A description of the hazardous substance use reduction, waste reduction, recycling, and treatment options selected; and

(iii) The specific performance goals established in the plan.

(6) Upon completion of a plan, the owner or chief executive officer shall submit an executive summary of the plan to the department. Confidentiality shall be granted in accordance with RCW 43.21A.160.

(7) All pollution prevention plans shall be completed and executive summaries submitted in accordance with the following schedule:

(a) Hazardous waste generators who generated more than fifty thousand pounds of hazardous waste in calendar year 1991 and hazardous substance users who were required to report in 1991, by September 1, 1992;

(b) Hazardous waste generators who generated between seven thousand and fifty thousand pounds of hazardous waste in calendar year 1992 and hazardous substance users who were required to report for the first time in 1992, by September 1, 1993;

(c) Hazardous waste generators who generated between two thousand six hundred forty and seven thousand pounds of hazardous waste in 1993 and hazardous substance users who were required to report for the first time in 1993, by September 1, 1994;

(d) Hazardous waste generators who have not been required to complete a plan on or prior to September 1, 1994, must complete a plan by September 1 of the year following the first year that they generate more than two thousand six hundred forty pounds of hazardous waste;

(e) Hazardous substance users who have not been required to complete a plan on or prior to September 1, 1994, must complete a plan by September 1 of the year following the first year that they are required to report under Section 312 of Title III of the Superfund Amendments and Reauthorization Act; and

(f) The plans shall be updated every five years.

(8) If a user or generator does not submit an executive summary by the required date, the department may require that the plan be submitted. Confidentiality shall be granted in accordance with RCW 43.21A.160.

(9) The department may require that a plan be submitted to the department by sending a written request to the generator or user after the date that a plan is required to be completed for the facility under this section. The generator or user shall have fifteen days from the date the letter is received to submit a plan to the department. Confidentiality shall be granted in accordance with RCW 43.21A.160.

(10) Annual progress reports, including a description of the progress made toward achieving the specific performance goals established in the pollution prevention plan and any amendments to the plan, shall be prepared and submitted to the office in accordance with the rules adopted under this section.

(11) The department may review plans and progress reports to determine whether they are adequate. Adequacy will be determined based on conformance with the format established in the rules developed under this section and adherence to the planning process established in subsection (4) of this section.

(12) (a) If a hazardous substance user or hazardous waste generator fails to complete an adequate plan or annual progress report as required under this chapter, the department may notify the hazardous substance user or hazardous waste generator of the inadequacy and identify the specific deficiencies. The department shall specify a reasonable time within which the user or generator shall submit a modified plan or progress report addressing the specified deficiencies. The department shall provide technical assistance to the hazardous substance user or hazardous waste generator in modifying the plan or progress report.

(b) If the modified plan or modified progress report is not submitted within the specified time or is still considered inadequate by the department, or if a requested plan is not submitted the department shall notify the department of revenue to charge a penalty fee payable upon notification. The penalty fee shall be one thousand dollars or three times the amount of the user or generator's previous year's fee, whichever is greater, in addition to the current year's fee. If no fee was assessed the previous year, the penalty shall be one thousand dollars or three times the amount of the current year's fee, whichever is greater. This additional amount shall continue to be collected every year thereafter until an adequate plan or progress report is submitted.

(13) If a hazardous substance user or hazardous waste generator required to complete a plan fails to submit an adequate plan or progress report as required under this section, the user or generator shall be required to pay a surcharge to the department whenever the user or generator disposes of a hazardous waste at any hazardous waste incinerator or hazardous waste landfill facility located in Washington state, until a plan or progress report is submitted and deemed adequate by the department. The surcharge shall be equal to three times the fee charged for disposal. The department will furnish the incinerator and landfill facilities in this state with a list of EPA/state identification numbers of the waste generators that are not in compliance with the requirements of this section.

NEW SECTION. Sec. 7. As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise.

(1) "Dangerous waste" shall have the same definition as set forth in RCW 70.105.010(5) and shall specifically include those wastes designated as dangerous by rules adopted pursuant to chapter 70.105 RCW.

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

(3) "EPA/state identification number" means the number assigned by the EPA (environmental protection agency) or by the department of ecology to each generator and/or transporter and treatment, storage, and/or disposal facility.

(4) "Extremely hazardous waste" shall have the same definition as set forth in RCW 70.105.010(6) and shall specifically include those wastes designated as extremely hazardous by rules adopted pursuant to chapter 70.105 RCW.

(5) "Fee" means the annual fees imposed under this chapter.

(6) "Generate" means any act or process which produces hazardous waste or first causes a hazardous waste to become subject to regulation.

(7) "Hazardous waste" means and includes all dangerous and extremely hazardous wastes but for the purposes of this chapter excludes all radioactive mixed wastes.

(8) "Known generators" means persons that have notified the department, have received an EPA/state identification number and generate quantities of hazardous wastes regulated under chapter 70.105 RCW.

(9) "Person" means an individual, trust, firm, joint stock company, partnership, association, state, public or private or municipal corporation, commission, political subdivision of a state, interstate body, the federal government including any agency or officer thereof, and any Indian tribe or authorized tribal organization.

(10) "Potential generators" means all persons who are required to be registered with the department of revenue and are primarily engaged in business as defined by one of the following standard industrial classification codes:

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(11) "Price deflator" means the United States department of commerce bureau of economic analysis, "Implicit Price Deflator for Gross National Product" for "Government Purchases of Goods and Services," for "State and Local Government."

(12) "Waste generation site" means any geographical area that has been assigned an EPA/state identification number, as defined in RCW 70.95C.020.

NEW SECTION. Sec. 8. (1) A fee is imposed for the privilege of generating or potentially generating hazardous waste in the state. The annual amount of the fee shall be thirty-five dollars upon every known generator or potential generator doing business in Washington in the current calendar year or any part thereof. This fee shall be collected by the department of revenue. The department shall, subject to appropriation, use the funds collected from the fees assessed in this subsection to support the activities of the office of waste reduction as specified in RCW 70.95C.030.

(2) Facilities required to prepare plans under section 6 of this act shall pay an additional fee to support implementation of section 6 of this act and RCW 70.95C.040. These fees are to be used by the department, subject to appropriation, for plan review, technical assistance to facilities that are required to prepare plans, other activities related to plan development and implementation, and associated indirect costs. The total fees collected under this subsection shall not exceed the department's costs of implementing section 6 of this act and RCW 70.95C.040 and shall not exceed one million dollars per year. The annual fee for a facility shall not exceed ten thousand dollars per year. The annual fee for a facility generating less than two tons of hazardous waste per year shall not exceed fifty dollars. A company that develops a plan covering more than one interrelated facility as provided for in section 6 of this act shall be assessed fees only for the number of plans prepared. The department shall adopt a fee schedule by rule after consultation with typical affected businesses and other interested parties. The fee schedule shall be established by facility categories and may consider categorical workload estimates, hazardous substance use, hazardous waste generation, recycling, equity, and other criteria that may relate to department costs of implementing section 6 of this act and RCW 70.95C.040. The department shall determine whether or not to include hazardous waste generated and recycled for beneficial use in the calculations of hazardous waste generated for purposes of this subsection. The fee schedule shall consider the impact of fees on small businesses and local governments. The department may reduce a fee for a specific business when the director finds that the fee imposed on that specific business will result in an undue hardship on the business or is excessive relative to other businesses in similar circumstances. The department may require submittal of information needed to establish a fee schedule. The fee shall be collected by the department of revenue.

(3) The fee imposed in subsection (1) of this section shall be first due on July 31, 1990, for any generator or potential generator operating in Washington from the effective date of this act to December 31, 1990, or any part thereof. Fees imposed by subsection (2) of this section shall be first due on July 1, 1991, for facilities that are required to prepare plans in 1992, on July 1, 1992, for facilities that are required to prepare plans in 1993, and on July 1, 1993, for facilities that are required to prepare plans in 1994.

(4) Potential generators shall be exempt from the fee imposed under subsection (1) of this section if the potential generator was entitled to the exemption in RCW 82.04.300 in the current calendar year.

(5) Any known generator who generates less than two thousand six hundred forty pounds of hazardous waste per waste generation site in the previous calendar year shall be exempt from the fee imposed in subsection (2) of this section.

(6) On an annual basis, the department shall adjust the fees, maximum annual fee, and maximum total fees described in subsections (1) and (2) of this section by conducting the calculation in (a) of this subsection and taking the actions set forth in (b) and (c) of this subsection:

(a) In November of each year, the fees, annual fee, and maximum total fees imposed in subsections (1) and (2) of this section, or as subsequently adjusted by this subsection, shall be multiplied by a factor equal to the most current quarterly "price deflator" available, divided by the "price deflator" used in the numerator the previous year. However, the "price deflator" used in the denominator for the first adjustment shall be defined by the second quarter "price deflator" for 1990.

(b) Each year by March 1 the fee schedule, as adjusted in (a) of this subsection, will be published. The department will round the published fees to the nearest dollar.

(7) In administration of this section and in addition to other provisions in this chapter for the enforcement and collection of the fees due and owing under this section, the department of revenue is authorized to apply the provisions of chapter 82.32 RCW, except that the provisions of RCW 82.32.050 and 82.32.090 shall not apply.

(8) If a known or potential generator fails to pay all or any part of a fee imposed under this section, the department of revenue shall charge a penalty of three times the amount of the unpaid fee. The department of revenue shall waive any penalty in accordance with RCW 82.32.105.

NEW SECTION. Sec. 9. The hazardous waste assistance account is hereby created in the state treasury. The following moneys shall be deposited into the hazardous waste assistance account:

(1) Those revenues which are raised by the fee imposed under section 9 of this act;

(2) Penalties collected under this act; and

(3) Any other moneys appropriated or transferred to the account by the legislature. All earnings from investment of balances in the hazardous waste assistance account, except as provided in RCW 43.84.090, shall be credited to the hazardous waste assistance account. Moneys in the hazardous waste assistance account may be spent only for the purposes of this chapter following legislative appropriation.

NEW SECTION. Sec. 10. The department may use funds in the hazardous waste assistance account to provide technical assistance and compliance education assistance to hazardous substance users and waste generators, to provide grants to local governments, and for administration of this chapter. The department of revenue shall be appropriated a percentage amount of the total fees collected, not to exceed two percent of the total fees collected, for administration and collection expenses incurred by the department of revenue.

Technical assistance may include the activities authorized under chapter 70.95C RCW and RCW 70.105.170 to encourage hazardous waste reduction and hazardous use reduction and the assistance provided for by RCW 70.105.100(2).

Compliance education may include the activities authorized under RCW 70.105.100(2) to train local agency officials and to inform hazardous substance users and hazardous waste generators and owners and operators of hazardous waste management facilities of the requirements of chapter 70.105 RCW and related federal laws and regulations.

Grants to local governments shall be used for small quantity generator technical assistance and compliance education components of their moderate risk waste plans as required by RCW 70.105.220.

NEW SECTION. Sec. 11. (1) If any provision of this chapter or a portion thereof or its application to any person or legal entity or circumstances is held invalid, the remainder of the chapter, or the application of the provision or a portion thereof to other persons or legal entities or circumstances, shall not be affected.

(2) This chapter is exempted from the rule of strict construction, and it shall be liberally construed to give full effect to the objectives and purposes for which it was enacted.

(3) Nothing in this chapter relates to radioactive wastes, however characterized, and the department is precluded from using the funds of the hazardous waste assistance account for the regulation and control of such wastes.

(4) Consistent with subsection (2) of this section and taking into account the ambiguities of federal law relating to possible preemption of exercise of powers provided to the department in this chapter, the department shall implement this chapter, to the maximum extent reasonably attainable, to insure that no conflict with those preemptive aspects takes place.

NEW SECTION. Sec. 12. The following acts or parts of acts are each repealed:

(1) Section 1, chapter 65, Laws of 1983 1st ex. sess. and RCW 70.105A.010;

(2) Section 2, chapter 65, Laws of 1983 1st ex. sess. and RCW 70.105A.020;

(3) Section 3, chapter 65, Laws of 1983 1st ex. sess., section 129, chapter 7, Laws of 1985 and RCW 70.105A.030;

(4) Section 16, chapter 2, Laws of 1989 and RCW 70.105A.035;

(5) Section 4, chapter 65, Laws of 1983 1st ex. sess. and RCW 70.105A.040;

(6) Section 5, chapter 65, Laws of 1983 1st ex. sess. and RCW 70.105A.050;

(7) Section 6, chapter 65, Laws of 1983 1st ex. sess. and RCW 70.105A.060;

(8) Section 7, chapter 65, Laws of 1983 1st ex. sess. and RCW 70.105A.070;

(9) Section 8, chapter 65, Laws of 1983 1st ex. sess. and RCW 70.105A.080;

(10) Section 13, chapter 65, Laws of 1983 1st ex. sess. and RCW 70.105A.090;

(11) Section 9, chapter 65, Laws of 1983 1st ex. sess. and RCW 70.105A.900; and

(12) Section 15, chapter 65, Laws of 1983 1st ex. sess. and RCW 70.105A.905.

NEW SECTION. Sec. 13. Sections 7 through 11 of this act shall constitute a new chapter in Title 70 RCW.

NEW SECTION. Sec. 14. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.