S-1332.2  _______________________________________________

                    SUBSTITUTE SENATE BILL 5059

          _______________________________________________

State of Washington      56th Legislature     1999 Regular Session

By Senate Committee on Environmental Quality & Water Resources (originally sponsored by Senators Brown and Morton)

Read first time 03/03/99.

Allowing counties to assess impact fees to cover the costs associated with the transportation of uranium mill tailings over their roadways.

    AN ACT Relating to the transportation impacts of uranium mill tailings or waste; amending RCW 70.121.010; and adding a new section to chapter 70.121 RCW.

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

    Sec. 1.  RCW 70.121.010 and 1979 ex.s. c 110 s 1 are each amended to read as follows:

    The legislature finds that:

    (1) The milling of uranium and thorium creates potential hazards to the health of the citizens of the state of Washington in that potentially hazardous radioactive isotopes, decay  products of uranium and thorium, naturally occurring in relatively dispersed geologic formations, are brought to one location on the surface and pulverized in the process of mining and milling uranium and thorium.

    (2) These radioactive isotopes, in addition to creating a field of gamma radiation in the vicinity of the tailings area, also exude potentially hazardous radioactive gas and particulates into the atmosphere from the tailings areas, and contaminate the milling facilities, thereby creating hazards which will be present for many generations.

    (3) The potential hazards to the public health also exist when uranium or thorium tailings are transported within or through the state.  Each county affected by the transportation of these tailings must be able to plan for, and respond to, the hazards associated with such transportation.

(4) The public health and welfare of the citizens demands that the state assure that the public health be protected by requiring that:  (a) Prior to the termination of any radioactive materials license, all milling facilities and associated tailings piles will be decommissioned in such a manner as to bring the potential public health hazard to a minimum; and (b) such environmental radiation monitoring as is necessary to verify the status of decommissioned facilities will be conducted.

NEW SECTION. Sec. 2.  A new section is added to chapter 70.121 RCW to read as follows:

    (1) When tailings or waste classified as 11e(2) radioactive waste, under the federal atomic energy act of 1954, is transported into or through a county, the county may assess impact fees to cover the cost reasonably necessary for the county to prepare for and respond to the movement of such waste.

    (2) The impact fees assessed under this section may be imposed by the affected counties on the entity or entities responsible for transporting the waste only after the county legislative authority conducts a public hearing regarding:

    (a) The potential transportation and safety impacts resulting from the movement of waste through the county, including the need to plan and prepare for possible degradation of county roads, and potential accidents and spills; and

    (b) The extent to which the state plan for authorizing the transportation of such waste addresses the impacts on the affected county.

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