S-4656.1 _______________________________________________
SUBSTITUTE SENATE BILL 6079
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State of Washington 53rd Legislature 1994 Regular Session
By Senate Committee on Ecology & Parks (originally sponsored by Senators Talmadge, Deccio, Fraser, Winsley and Oke)
Read first time 01/31/94.
AN ACT Relating to public notice of significant releases of hazardous substances; adding new sections to chapter 70.105D RCW; creating a new section; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 70.105D RCW to read as follows:
(1) The owner of public or private nonresidential real property upon which a release of a significant quantity of a hazardous substance the owner has reason to believe has occurred shall place a notice in the records of real property kept by the auditor of the county in which the property is located. The notice shall: (a) Identify the property; (b) identify the owner of the property and the person causing the notice to appear; (c) state that a release of a hazardous substance occurred on the property; and (d) state the date the release occurred. The department shall maintain records that identify any remedial action taken, including the hazardous substance or substances addressed by the remedial action, that has been reported to or conducted or approved by the department. Any person with an interest in the property, injured by the failure of a property owner to comply with this section, may recover damages for that injury by filing an action in superior court for the county where the property is located.
(2) If the department has discovered the release of a significant quantity of a hazardous substance following an inspection of the facility, the department shall notify the owner of record of the release and the requirements of this section.
(3) Before selling any right, title, or interest in real property, whether public or private, the seller of the property shall provide a written statement to the purchaser describing any release of a significant quantity of a hazardous substance that the seller knows to have occurred during the prior fifty years on the property to be sold. Unless otherwise expressly agreed by seller and purchaser, any purchaser injured by failure of a seller of real property to provide the statement as required in this subsection may recover damages for that injury by filing an action in superior court for the county in which the property is located.
(4) The department shall determine by rule, consistent with the purposes of this chapter, which releases are subject to the reporting and notification requirements under this section. This rule shall limit required notices and reporting under this section to those releases that are of a magnitude that may cause a significant adverse impact to human health or the environment.
(5) For purposes of this section, "owner" of public property means the administrative head of the agency charged with management of the property, and "seller" means the head of the agency responsible for the sale of the property.
NEW SECTION. Sec. 2. A new section is added to chapter 70.105D RCW to read as follows:
By September 1, 1994, the department shall have provided information to the owners of nonresidential property contained on the hazardous waste site list of the requirements of section 1 of this act.
NEW SECTION. Sec. 3. Section 1 of this act applies prospectively only and not retroactively. It does not provide a cause of action relating to any real property transaction occurring before the effective date of section 1 of this act.
NEW SECTION. Sec. 4. Section 1 of this act shall take effect January 1, 1995.
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