HOUSE BILL REPORT

                  HB 1747

             As Reported By House Committee On:

                    Agriculture & Ecology

Title:  An act relating to standards for solid waste handling.

Brief Description:  Modifying requirements for standards for solid waste handling.

Sponsors:  Representatives Hatfield, Basich, Morris, Pennington, Mastin and Grant.

Brief History:

  Committee Activity:

Agriculture & Ecology:  2/27/95, 3/1/95 [DP].

HOUSE COMMITTEE ON AGRICULTURE & ECOLOGY

Majority Report:  Do pass.  Signed by 13 members:  Representatives Chandler, Chairman; Koster, Vice Chairman; McMorris, Vice Chairman; Mastin, Ranking Minority Member; Chappell, Assistant Ranking Minority Member; Boldt; Clements; Delvin; Honeyford; Johnson; Kremen; Robertson and Schoesler.

Minority Report:  Do not pass.  Signed by 4 members:  Representatives R. Fisher; Poulsen; Regala and Rust.

Staff:  Rick Anderson (786-7114).

Background:  Minimum functional standards are technical design and performance standards that are required of all types of solid waste facilities, including municipal solid waste landfills.  Examples of design standards for solid waste landfills include liners, leak detection equipment, and cover requirements. The Department of Ecology reviews landfill permits issued by jurisdictional health departments to ensure that the landfills meet all applicable minimum functional standards.

The federal Resource Conservation and Recovery Act required that the Environmental Protection Agency (EPA) develop standards for municipal solid waste landfills.  The EPA published criteria for municipal solid waste landfills in 1991. 

In October 1993, the Department of Ecology adopted EPA approved rules  establishing new minimum functional standards for all municipal solid waste landfills.  These rules replace minimum functional standards for municipal solid waste landfills that were adopted by the department in 1985.

Under the department's rule, existing landfill units are not required to retrofit to meet design criteria.  New units of an existing landfill are required to meet the new minimum functional standards unless as-built plans that document the construction of the new landfill unit prior to November 26, 1993, have been approved by the jurisdictional health department.   Any new unit of an existing landfill that does not meet this requirement must meet the new design standards.

Summary of Bill:  Minimum functional standards for solid waste handling adopted by the Department of Ecology after October 1, 1993 are to affect existing municipal solid waste landfill units to the minimum extent possible. 

The department is to redefine "existing municipal solid waste landfill units" to include defined areas of land that have been permitted by a jurisdictional health department to receive solid waste, if any part of the defined area of land is receiving solid waste, as of  November 26, 1993.

Appropriation:  None.

Fiscal Note:  Requested February 24, 1995.

Effective Date:  Ninety days after adjournment of session in which bill is passed.

Testimony For:  None.

Testimony Against:  This legislation is directed at a dispute between the department and Cowlitz County.  The department believes that the county's new landfill unit should meet the new landfill design standards.  The bill will allow the new landfill cell to meet the old design standards  The dispute was to be resolved before the Pollution Control Hearings Board, but the county requested that the hearing be postponed.  The two parties are very close to coming to a resolution on this issue.

Testified:  Dan Silver, Department of Ecology (con).