1448-S AMH CAMP RICH 5

SHB 1448 - H AMD 0129 FAILED 03/17/99

By Representative Campbell

     On page 3, after line 21, insert the following:

A(4) If the department of ecology, in exercising its regulatory authority to require cleanup of contaminated sediments, chooses a remedial action or concurs with an action required under the federal  comprehensive environmental response, compensation, and liability act of 1980 (42 U.S.C. 9601 et seq.) that requires the use of state-owned aquatic land for containment or disposal of sediments, or for mitigation of habitat, the department shall develop a management plan for the disposal site that includes the following:

     (a) Provisions for the monitoring, active management, and maintenance of disposal sites; and

     (b) A mechanism of financial assurance, such as an insurance policy or bond, that provides sufficient financial resources from those potentially liable parties disposing of contaminated sediments in the site to indemnify the state from liability associated with the disposal of contaminated sediments on state-owned aquatic land.

     (5) The department shall retain the services of a risk assessor or insurance underwriter to estimate the amount of financial assurance necessary to indemnify the state from liability, and shall develop a fee schedule or other payment schedule that allows each contributor of contaminated sediments to the state-owned aquatic disposal site, except for the state of Washington, to pay a proportional share of such assurance.@

Renumber the remaining subsections consecutively and correct internal references accordingly

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EFFECT: Requires the Department of Ecology to develop a management plan for any contaminated sediment disposal site on state-owned aquatic lands, and requires the department to retain the services of a risk assessor for the purposes of indemnifying the state from  any liability associated with the acceptance of contaminated sediments on state-owned aquatic lands.