H-1309.1 _______________________________________________
HOUSE BILL 1816
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State of Washington 53rd Legislature 1993 Regular Session
By Representatives Chandler, Hansen, Rust, Schoesler, Rayburn and Bray
Read first time 02/10/93. Referred to Committee on Environmental Affairs.
AN ACT Relating to incinerators of hazardous wastes and hazardous substances; adding new sections to chapter 70.105 RCW; and adding a new section to chapter 15.04 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 70.105 RCW to read as follows:
The department shall include as a condition of a permit for a hazardous waste disposal facility that includes an incinerator for hazardous wastes or hazardous substances a requirement that the permit holder provide financial and other resources to the department of agriculture for the monitoring of farm and agricultural land, crops, and livestock that may be affected by discharges or emissions from the facility. The amount of resources required from the permit holder shall be determined through citizen proponent negotiations in which the department of agriculture shall participate.
NEW SECTION. Sec. 2. A new section is added to chapter 15.04 RCW to read as follows:
The department shall monitor farm and agricultural land, crops, and livestock located near a hazardous waste disposal facility that includes an incinerator for hazardous wastes or hazardous substances. The department shall monitor for accumulations of heavy metals and other hazardous substances in farm and agricultural land, crop and livestock damage, and other factors that affect food safety. If the department determines from its investigation that discharges or emissions from the hazardous waste disposal facility are causing accumulations of heavy metals or other hazardous substances in the farm or agricultural land, other damage to the land, crops, or livestock, or is otherwise endangering the public health and safety and endangering the public food supply, it shall immediately notify the department of ecology and the facility operator of the determination.
NEW SECTION. Sec. 3. A new section is added to chapter 70.105 RCW to read as follows:
If, pursuant to section 2 of this act, the department of agriculture notifies the department that a hazardous waste disposal facility is causing damage to land, crops, or livestock, or is otherwise endangering the public health and safety and endangering the public food supply, the department shall order the facility to immediately suspend incineration of hazardous wastes and hazardous substances. The department shall not approve further incineration at the facility until the department determines that the facility's emissions and discharges will not cause the damage that resulted in the suspension. The department shall consult with the department of agriculture before approving further incineration of hazardous wastes or hazardous substances at the facility.
NEW SECTION. Sec. 4. A new section is added to chapter 70.105 RCW to read as follows:
A facility operator may appeal to the pollution control hearings board an order issued by the department pursuant to section 3 of this act to suspend incineration of hazardous substances or hazardous wastes. The department's order shall not be stayed during the pollution control hearings board review or during subsequent judicial review. A person who may be affected by the operation of the facility may appeal an order issued by the department allowing a facility to resume incineration of hazardous wastes or hazardous substances.
NEW SECTION. Sec. 5. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
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