SB 5285-S - DIGEST

(AS OF SENATE 2ND READING 3/16/99)

     Provides that a person may maintain an action under chapter 7.48 RCW based upon air emission or water or solid waste discharge or release, other than the placement of nuclear waste, only where:  (1) The emission or discharge was not authorized by a term or condition of:

     (a) a statute or regulation;

     (b) a license, permit, or order that is issued after the opportunity for public comment by a local, state, or federal government and subject to continuing compliance assurance procedures, review by the issuing authority, and amendment or renewal; or

     (c) a court order or judgment; and

     (2) A violation of the term or condition proximately caused or causes the injury or damage claimed.