BILL REQ. #: H-1210.2
| State of Washington | 63rd Legislature | 2013 Regular Session |
Read first time 02/20/13. Referred to Committee on Environment.
AN ACT Relating to nonsubstantive changes to programs relevant to the department of ecology designed to create administrative efficiency; amending RCW 43.21B.305, 70.93.200, 70.93.220, 70.93.250, 70.94.037, 70.95.130, 70.95.140, 70.95.230, 70.95.290, 70.95.530, 70.95C.220, 70.95E.010, 70.95E.040, 70.95I.080, 70.95J.025, 70.105.160, 70.105.180, 70.105.210, and 90.58.190; reenacting and amending RCW 43.21B.110, 43.21B.110, and 43.21B.300; repealing RCW 70.93.090, 70.94.505, and 70.95.545; providing an effective date; and providing an expiration date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 43.21B.110 and 2010 c 210 s 7 and 2010 c 84 s 2 are
each reenacted and amended to read as follows:
(1) The hearings board shall only have jurisdiction to hear and
decide appeals from the following decisions of the department, the
director, local conservation districts, the air pollution control
boards or authorities as established pursuant to chapter 70.94 RCW,
local health departments, the department of natural resources, the
department of fish and wildlife, and the parks and recreation
commission:
(a) Civil penalties imposed pursuant to RCW 18.104.155, 70.94.431,
70.105.080, 70.107.050, 76.09.170, 77.55.291, 78.44.250, 88.46.090,
90.03.600, 90.46.270, 90.48.144, 90.56.310, 90.56.330, and 90.64.102.
(b) Orders issued pursuant to RCW 18.104.043, 18.104.060,
43.27A.190, 70.94.211, 70.94.332, 70.105.095, 86.16.020, 88.46.070,
90.14.130, 90.46.250, 90.48.120, and 90.56.330.
(c) A final decision by the department or director made under
chapter 183, Laws of 2009.
(d) Except as provided in RCW 90.03.210(2), the issuance,
modification, or termination of any permit, certificate, or license by
the department or any air authority in the exercise of its
jurisdiction, including the issuance or termination of a waste disposal
permit, the denial of an application for a waste disposal permit, the
modification of the conditions or the terms of a waste disposal permit,
or a decision to approve or deny an application for a solid waste
permit exemption under RCW 70.95.300.
(e) Decisions of local health departments regarding the grant or
denial of solid waste permits pursuant to chapter 70.95 RCW.
(f) Decisions of local health departments regarding the issuance
and enforcement of permits to use or dispose of biosolids under RCW
70.95J.080.
(g) Decisions of the department regarding waste-derived fertilizer
or micronutrient fertilizer under RCW 15.54.820, and decisions of the
department regarding waste-derived soil amendments under RCW 70.95.205.
(h) Decisions of local conservation districts related to the denial
of approval or denial of certification of a dairy nutrient management
plan; conditions contained in a plan; application of any dairy nutrient
management practices, standards, methods, and technologies to a
particular dairy farm; and failure to adhere to the plan review and
approval timelines in RCW 90.64.026.
(i) Any other decision by the department or an air authority which
pursuant to law must be decided as an adjudicative proceeding under
chapter 34.05 RCW.
(j) Decisions of the department of natural resources, the
department of fish and wildlife, and the department that are reviewable
under chapter 76.09 RCW, and the department of natural resources'
appeals of county, city, or town objections under RCW 76.09.050(7).
(k) Forest health hazard orders issued by the commissioner of
public lands under RCW 76.06.180.
(l) Decisions of the department of fish and wildlife to issue,
deny, condition, or modify a hydraulic project approval permit under
chapter 77.55 RCW.
(m) Decisions of the department of natural resources that are
reviewable under RCW 78.44.270.
(n) Decisions of a state agency that is an authorized public entity
under RCW 79.100.010 to take temporary possession or custody of a
vessel or to contest the amount of reimbursement owed that are
reviewable under RCW 79.100.120.
(2) The following hearings shall not be conducted by the hearings
board:
(a) Hearings required by law to be conducted by the shorelines
hearings board pursuant to chapter 90.58 RCW.
(b) Hearings conducted by the department pursuant to RCW 70.94.332,
70.94.390, 70.94.395, 70.94.400, 70.94.405, 70.94.410, and 90.44.180.
(c) Appeals of decisions by the department under RCW 90.03.110 and
90.44.220.
(d) Hearings conducted by the department to adopt, modify, or
repeal rules.
(((e) Appeals of decisions by the department as provided in chapter
43.21L RCW.))
(3) Review of rules and regulations adopted by the hearings board
shall be subject to review in accordance with the provisions of the
administrative procedure act, chapter 34.05 RCW.
Sec. 2 RCW 43.21B.110 and 2010 c 210 s 8 and 2010 c 84 s 3 are
each reenacted and amended to read as follows:
(1) The hearings board shall only have jurisdiction to hear and
decide appeals from the following decisions of the department, the
director, local conservation districts, the air pollution control
boards or authorities as established pursuant to chapter 70.94 RCW,
local health departments, the department of natural resources, the
department of fish and wildlife, and the parks and recreation
commission:
(a) Civil penalties imposed pursuant to RCW 18.104.155, 70.94.431,
70.105.080, 70.107.050, 76.09.170, 77.55.291, 78.44.250, 88.46.090,
90.03.600, 90.46.270, 90.48.144, 90.56.310, 90.56.330, and 90.64.102.
(b) Orders issued pursuant to RCW 18.104.043, 18.104.060,
43.27A.190, 70.94.211, 70.94.332, 70.105.095, 86.16.020, 88.46.070,
90.14.130, 90.46.250, 90.48.120, and 90.56.330.
(c) Except as provided in RCW 90.03.210(2), the issuance,
modification, or termination of any permit, certificate, or license by
the department or any air authority in the exercise of its
jurisdiction, including the issuance or termination of a waste disposal
permit, the denial of an application for a waste disposal permit, the
modification of the conditions or the terms of a waste disposal permit,
or a decision to approve or deny an application for a solid waste
permit exemption under RCW 70.95.300.
(d) Decisions of local health departments regarding the grant or
denial of solid waste permits pursuant to chapter 70.95 RCW.
(e) Decisions of local health departments regarding the issuance
and enforcement of permits to use or dispose of biosolids under RCW
70.95J.080.
(f) Decisions of the department regarding waste-derived fertilizer
or micronutrient fertilizer under RCW 15.54.820, and decisions of the
department regarding waste-derived soil amendments under RCW 70.95.205.
(g) Decisions of local conservation districts related to the denial
of approval or denial of certification of a dairy nutrient management
plan; conditions contained in a plan; application of any dairy nutrient
management practices, standards, methods, and technologies to a
particular dairy farm; and failure to adhere to the plan review and
approval timelines in RCW 90.64.026.
(h) Any other decision by the department or an air authority which
pursuant to law must be decided as an adjudicative proceeding under
chapter 34.05 RCW.
(i) Decisions of the department of natural resources, the
department of fish and wildlife, and the department that are reviewable
under chapter 76.09 RCW, and the department of natural resources'
appeals of county, city, or town objections under RCW 76.09.050(7).
(j) Forest health hazard orders issued by the commissioner of
public lands under RCW 76.06.180.
(k) Decisions of the department of fish and wildlife to issue,
deny, condition, or modify a hydraulic project approval permit under
chapter 77.55 RCW.
(l) Decisions of the department of natural resources that are
reviewable under RCW 78.44.270.
(m) Decisions of a state agency that is an authorized public entity
under RCW 79.100.010 to take temporary possession or custody of a
vessel or to contest the amount of reimbursement owed that are
reviewable under RCW 79.100.120.
(2) The following hearings shall not be conducted by the hearings
board:
(a) Hearings required by law to be conducted by the shorelines
hearings board pursuant to chapter 90.58 RCW.
(b) Hearings conducted by the department pursuant to RCW 70.94.332,
70.94.390, 70.94.395, 70.94.400, 70.94.405, 70.94.410, and 90.44.180.
(c) Appeals of decisions by the department under RCW 90.03.110 and
90.44.220.
(d) Hearings conducted by the department to adopt, modify, or
repeal rules.
(((e) Appeals of decisions by the department as provided in chapter
43.21L RCW.))
(3) Review of rules and regulations adopted by the hearings board
shall be subject to review in accordance with the provisions of the
administrative procedure act, chapter 34.05 RCW.
Sec. 3 RCW 43.21B.300 and 2010 c 210 s 12 and 2010 c 84 s 4 are
each reenacted and amended to read as follows:
(1) Any civil penalty provided in RCW 18.104.155, 70.94.431,
70.95.315, 70.105.080, 70.107.050, 88.46.090, 90.03.600, 90.46.270,
90.48.144, 90.56.310, 90.56.330, and 90.64.102 and chapter 90.76 RCW
shall be imposed by a notice in writing, either by certified mail with
return receipt requested or by personal service, to the person
incurring the penalty from the department or the local air authority,
describing the violation with reasonable particularity. For penalties
issued by local air authorities, within thirty days after the notice is
received, the person incurring the penalty may apply in writing to the
authority for the remission or mitigation of the penalty. Upon receipt
of the application, the authority may remit or mitigate the penalty
upon whatever terms the authority in its discretion deems proper. The
authority may ascertain the facts regarding all such applications in
such reasonable manner and under such rules as it may deem proper and
shall remit or mitigate the penalty only upon a demonstration of
extraordinary circumstances such as the presence of information or
factors not considered in setting the original penalty.
(2) Any penalty imposed under this section may be appealed to the
pollution control hearings board in accordance with this chapter if the
appeal is filed with the hearings board and served on the department or
authority thirty days after the date of receipt by the person penalized
of the notice imposing the penalty or thirty days after the date of
receipt of the notice of disposition by a local air authority of the
application for relief from penalty.
(3) A penalty shall become due and payable on the later of:
(a) Thirty days after receipt of the notice imposing the penalty;
(b) Thirty days after receipt of the notice of disposition by a
local air authority on application for relief from penalty, if such an
application is made; or
(c) Thirty days after receipt of the notice of decision of the
hearings board if the penalty is appealed.
(4) If the amount of any penalty is not paid to the department
within thirty days after it becomes due and payable, the attorney
general, upon request of the department, shall bring an action in the
name of the state of Washington in the superior court of Thurston
county, or of any county in which the violator does business, to
recover the penalty. If the amount of the penalty is not paid to the
authority within thirty days after it becomes due and payable, the
authority may bring an action to recover the penalty in the superior
court of the county of the authority's main office or of any county in
which the violator does business. In these actions, the procedures and
rules of evidence shall be the same as in an ordinary civil action.
(5) All penalties recovered shall be paid into the state treasury
and credited to the general fund except those penalties imposed
pursuant to RCW 18.104.155, which shall be credited to the reclamation
account as provided in RCW 18.104.155(7), RCW 70.94.431, the
disposition of which shall be governed by that provision, RCW
70.105.080, which shall be credited to the ((hazardous waste control
and elimination)) state toxics control account created by RCW
((70.105.180)) 70.105D.070, RCW 90.56.330, which shall be credited to
the coastal protection fund created by RCW 90.48.390, and RCW
90.76.080, which shall be credited to the underground storage tank
account created by RCW 90.76.100.
Sec. 4 RCW 43.21B.305 and 2005 c 34 s 2 are each amended to read
as follows:
In an appeal that involves a penalty of fifteen thousand dollars or
less or an appeal of a corrective action order, the appeal may be heard
by one member of the board or by an administrative appeals judge
employed by the board, whose decision shall be the final decision of
the board. The board shall define by rule alternative procedures to
expedite appeals involving penalties of fifteen thousand dollars or
less. These alternatives may include: Mediation, upon agreement of
all parties; submission of testimony by affidavit; or other forms that
may lead to less formal and faster resolution of appeals.
Sec. 5 RCW 70.93.200 and 1998 c 257 s 8 are each amended to read
as follows:
In addition to the ((foregoing)) other provisions of this chapter,
the department ((of ecology shall)) may, when the director determines
that funding is available:
(1) Serve as the coordinating agency between the various industry
organizations seeking to aid in the waste reduction, anti-litter, and
recycling efforts;
(2) Serve as the coordinating and administrating agency for all
state agencies and local governments receiving funds for waste
reduction, litter control, and recycling under this chapter;
(3) Recommend to the governing bodies of all local governments that
they adopt ordinances similar to the provisions of this chapter;
(4) Cooperate with all local governments to accomplish coordination
of local waste reduction, anti-litter, and recycling efforts;
(5) Encourage, organize, and coordinate all voluntary local waste
reduction, anti-litter, and recycling campaigns seeking to focus the
attention of the public on the programs of this state to reduce waste,
control and remove litter, and foster recycling;
(6) Investigate the availability of, and apply for funds available
from any private or public source to be used in the program outlined in
this chapter;
(7) Develop statewide programs by working with local governments,
payers of the waste reduction, recycling, and litter control tax, and
industry organizations that are active in waste reduction, anti-litter,
and recycling efforts to increase public awareness of and participation
in recycling and to stimulate and encourage local private recycling
centers, public participation in recycling and research and development
in the field of litter control, and recycling, removal, and disposal of
litter-related recycling materials;
(8) Conduct a ((biennial)) periodic statewide litter survey
targeted at litter composition, sources, demographics, and geographic
trends; and
(9) Provide ((a biennial)), when requested by the governor or the
legislature, a periodic summary of all waste reduction, litter control,
and recycling efforts statewide including those of the department ((of
ecology)), and other state agencies and local governments funded for
such programs under this chapter. ((This report is due to the
legislature in March of even-numbered years.))
Sec. 6 RCW 70.93.220 and 1998 c 257 s 6 are each amended to read
as follows:
(1) The department ((of ecology)) is the coordinating and
administrative agency working with the departments of natural
resources, revenue, transportation, and corrections, and the parks and
recreation commission in developing a biennial budget request for funds
for the various agencies' litter collection programs.
(2) Funds may be used to meet the needs of efficient and effective
litter collection and illegal dumping programs identified by the
various agencies. The department shall develop criteria for evaluating
the effectiveness and efficiency of the waste reduction, litter
control, and recycling programs being administered by the various
agencies listed in RCW 70.93.180, and shall distribute funds according
to the effectiveness and efficiency of those programs. In addition,
the department shall approve funding requests for efficient and
effective waste reduction, litter control, and recycling programs,
provide funds, and monitor the results of all agency programs.
(3) All agencies are responsible for reporting information on their
litter collection programs((,)) as requested by the department ((of
ecology. Beginning in the year 2000, this information shall be
provided to the department by March of even-numbered years. In 1998,
this information shall be provided by July 1st.)).
(4) By December 1998, and in every even-numbered year thereafter,
the department shall provide a report to the legislature summarizing
biennial waste reduction, litter control, and recycling activities by
state agencies and submitting the coordinated litter budget request of
all agencies
Sec. 7 RCW 70.93.250 and 2002 c 175 s 46 are each amended to read
as follows:
(1) The department shall provide funding to local units of
government to establish, conduct, and evaluate community restitution
and other programs for waste reduction, litter and illegal dump
cleanup, and recycling. Programs eligible for funding under this
section shall include, but not be limited to, programs established
pursuant to RCW 72.09.260.
(2) Funds may be offered for costs associated with community waste
reduction, litter cleanup and prevention, and recycling activities.
The funding program must be flexible, allowing local governments to use
funds broadly to meet their needs to reduce waste, control litter and
illegal dumping, and promote recycling. Local governments are required
to contribute resources or in-kind services. The department shall
evaluate funding requests from local government according to the same
criteria as those developed in RCW 70.93.220, provide funds according
to the effectiveness and efficiency of local government litter control
programs, and monitor the results of all local government programs
under this section.
(3) Local governments shall report information as requested by the
department in funding agreements entered into by the department and a
local government. ((The department shall report to the appropriate
standing committees of the legislature by December of even-numbered
years on the effectiveness of local government waste reduction, litter,
and recycling programs funded under this section.))
Sec. 8 RCW 70.94.037 and 1991 c 199 s 219 are each amended to
read as follows:
In areas subject to a state implementation plan, no state agency,
metropolitan planning organization, or local government shall approve
or fund a transportation plan, program, or project within or that
affects a nonattainment area unless a determination has been made that
the plan, program, or project conforms with the state implementation
plan for air quality as required by the federal clean air act.
Conformity determination shall be made by the state or local
government or metropolitan planning organization administering or
developing the plan, program, or project.
((No later than eighteen months after May 15, 1991,)) The director
of the department ((of ecology)) and the secretary of transportation,
in consultation with other state, regional, and local agencies as
appropriate, shall adopt by rule criteria and guidance for
demonstrating and assuring conformity of plans, programs, and projects
that are wholly or partially federally funded.
A project with a scope that is limited to preservation or
maintenance, or both, shall be exempted from a conformity determination
requirement.
Sec. 9 RCW 70.95.130 and 1969 ex.s. c 134 s 13 are each amended
to read as follows:
Any county may apply to the department on a form prescribed thereby
for financial aid for the preparation and implementation of the
comprehensive county plan for solid waste management required by RCW
70.95.080. Any city electing to prepare an independent city plan, a
joint city plan, or a joint county-city plan for solid waste management
for inclusion in the county comprehensive plan may apply for financial
aid for such purpose through the county. Every city application for
financial aid for planning shall be filed with the county auditor and
shall be included as a part of the county's application for financial
aid. ((Any city preparing an independent plan shall provide for
disposal sites wholly within its jurisdiction.))
The department shall allocate to the counties and cities applying
for financial aid for planning, such funds as may be available pursuant
to legislative appropriations or from any federal grants for such
purpose.
The department shall determine priorities and allocate available
funds among the counties and cities applying for aid according to
criteria established by regulations of the department considering
population, urban development, environmental effects of waste disposal,
existing waste handling practices, and the local justification of their
proposed expenditures.
Sec. 10 RCW 70.95.140 and 1969 ex.s. c 134 s 14 are each amended
to read as follows:
Counties and cities shall match their planning and implementation
aid allocated by the director by an amount ((not less than)) up to
twenty-five percent of the estimated cost of such planning. Any
federal planning aid made directly to a county or city shall not be
considered either a state or local contribution in determining local
matching requirements. Counties and cities may meet their share of
planning costs by cash and contributed services.
Sec. 11 RCW 70.95.230 and 1969 ex.s. c 134 s 23 are each amended
to read as follows:
The jurisdictional health department applying for state assistance
for the enforcement of this chapter shall match such aid allocated by
the department in an amount ((not less than)) up to twenty-five percent
of the total amount spent for such enforcement activity during the
year. The local share of enforcement costs may be met by cash and
contributed services.
Sec. 12 RCW 70.95.290 and 1988 c 184 s 3 are each amended to read
as follows:
(1) The evaluation of the solid waste stream required in RCW
70.95.280 shall include the following elements:
(a) The department shall determine which management method for each
category of solid waste will have the least environmental impact; and
(b) The department shall evaluate the costs of various management
options for each category of solid waste, including a review of market
availability, and shall take into consideration the economic impact on
affected parties;
(c) Based on the results of (a) and (b) of this subsection, the
department shall determine the best management for each category of
solid waste. Different management methods for the same categories of
waste may be developed for different parts of the state.
(2) The department shall give priority to evaluating categories of
solid waste that, in relation to other categories of solid waste,
comprise a large volume of the solid waste stream or present a high
potential of harm to human health. ((At a minimum the following
categories of waste shall be evaluated:))
(a) By January 1, 1989, yard waste and other biodegradable
materials, paper products, disposable diapers, and batteries; and
(b) By January 1, 1990, metals, glass, plastics, styrofoam or rigid
lightweight cellular polystyrene, and tires.
Sec. 13 RCW 70.95.530 and 2009 c 261 s 5 are each amended to read
as follows:
(1) Moneys in the waste tire removal account may be appropriated to
the department of ecology:
(a) To provide for funding to state and local governments for the
removal of discarded vehicle tires from unauthorized tire dump sites;
and
(b) To accomplish the other purposes of RCW 70.95.020 as they
relate to waste tire cleanup under this chapter.
(2) In spending funds in the account under this section, the
department of ecology shall identify communities with the most severe
problems with waste tires and provide funds first to those communities
to remove accumulations of waste tires.
(3) ((On September 1st of even-numbered years,)) The department of
ecology shall ((provide a report to the house [of representatives] and
senate transportation committees on the progress being made on the
cleanup of unauthorized waste tire piles in the state and efforts
underway to prevent the formation of future unauthorized waste tire
piles. The report must detail any additional unauthorized waste tire
piles discovered since the last report and present a plan to clean up
these new unauthorized waste tire piles if they have not already done
so, as well as include a listing of authorized waste tire piles and
transporters. The report must also include the status of funds
available to the program and a needs assessment of the program. On
September 1, 2010, the department shall also make recommendations to
the committees for an ongoing program to prevent the formation of
future unauthorized waste tire piles. Such a program, if required,
must include joint efforts with local governments and the tire
industry)) include in the program's annual report a summary of state
and local government efforts funded using the waste tire removal
account. The department shall provide on its web site a list of
authorized waste tire storage sites and transporters.
Sec. 14 RCW 70.95C.220 and 2005 c 274 s 338 are each amended to
read as follows:
(1) The department may review a plan, executive summary, or an
annual progress report to determine whether the plan, executive
summary, or annual progress report is adequate pursuant to the rules
developed under this section and with the provisions of RCW 70.95C.200.
In determining the adequacy of any plan, executive summary, or annual
progress report, the department shall base its determination solely on
whether the plan, executive summary, or annual progress report is
complete and prepared in accordance with the provisions of RCW
70.95C.200.
(2) Plans developed under RCW 70.95C.200 shall be retained at the
facility of the hazardous substance user or hazardous waste generator
preparing a plan. The plan is not a public record under the public
records act, chapter 42.56 RCW. A user or generator required to
prepare a plan shall permit the director or a representative of the
director to review the plan to determine its adequacy. No visit made
by the director or a representative of the director to a facility for
the purposes of this subsection may be regarded as an inspection or
investigation, and no notices or citations may be issued, nor any civil
penalty assessed, upon such a visit.
(3) If a hazardous substance user or hazardous waste generator
fails to complete an adequate plan, executive summary, or annual
progress report, the department shall notify the user or generator of
the inadequacy, identifying specific deficiencies. For the purposes of
this section, a deficiency may include failure to develop a plan,
failure to submit an executive summary pursuant to the schedule
provided in RCW 70.95C.200(5), and failure to submit an annual progress
report pursuant to the rules developed under RCW 70.95C.200(6). The
department shall specify a reasonable time frame, of not less than
ninety days, within which the user or generator shall complete a
modified plan, executive summary, or annual progress report addressing
the specified deficiencies.
(4) If the department determines that a modified plan, executive
summary, or annual progress report is inadequate, the department may,
within its discretion, either require further modification or enter an
order pursuant to subsection (5)(a) of this section.
(5)(a) If, after having received a list of specified deficiencies
from the department, a hazardous substance user or hazardous waste
generator required to prepare a plan fails to complete modification of
a plan, executive summary, or annual progress report within the time
period specified by the department, the department may enter an order
pursuant to chapter 34.05 RCW finding the user or generator not in
compliance with the requirements of RCW 70.95C.200. When the order is
final, the department shall ((notify the department of revenue to))
charge a penalty fee. The penalty fee shall be the greater of one
thousand dollars or three times the amount of the user's or generator's
previous year's fee, in addition to the current year's fee. If no fee
was assessed the previous year, the penalty shall be the greater of one
thousand dollars or three times the amount of the current year's fee.
The penalty assessed under this subsection shall be collected each year
after the year for which the penalty was assessed until an adequate
plan or executive summary is completed.
(b) If a hazardous substance user or hazardous waste generator
required to prepare a plan fails to complete an adequate plan,
executive summary, or annual progress report after the department has
levied against the user or generator the penalty provided in (a) of
this subsection, the user or generator shall be required to pay a
surcharge to the department whenever the user or generator disposes of
a hazardous waste at any hazardous waste incinerator or hazardous waste
landfill facility located in Washington state, until a plan, executive
summary, or annual progress report is completed and determined to be
adequate by the department. The surcharge shall be equal to three
times the fee charged for disposal. The department shall furnish the
incinerator and landfill facilities in this state with a list of
environmental protection agency/state identification numbers of the
hazardous waste generators that are not in compliance with the
requirements of RCW 70.95C.200.
Sec. 15 RCW 70.95E.010 and 1995 c 207 s 1 are each amended to
read as follows:
((As used in this chapter, the following terms have the meanings
indicated)) The definitions in this section apply throughout this
chapter unless the context clearly requires otherwise.
(1) "Dangerous waste" shall have the same definition as set forth
in RCW 70.105.010(((5))) (1) and shall include those wastes designated
as dangerous by rules adopted pursuant to chapter 70.105 RCW.
(2) "Department" means the department of ecology.
(3) "EPA/of
ecology)) to each generator and/
(4) "Extremely hazardous waste" ((shall have)) has the same
definition as ((set forth)) that term is defined in RCW
70.105.010(((6))) and shall specifically include those wastes
designated as extremely hazardous by rules adopted pursuant to chapter
70.105 RCW.
(5) "Fee" means the annual fees imposed under this chapter.
(6) "Generate" means any act or process which produces hazardous
waste or first causes a hazardous waste to become subject to
regulation.
(7) "Hazardous waste" means and includes all dangerous and
extremely hazardous wastes but for the purposes of this chapter
excludes all radioactive wastes or substances composed of both
radioactive and hazardous components.
(8) "Hazardous waste generator" means all persons whose primary
business activities are identified by the department to generate any
quantity of hazardous waste in the calendar year for which the fee is
imposed.
(9) "Person" means an individual, trust, firm, joint stock company,
partnership, association, state, public or private or municipal
corporation, commission, political subdivision of a state, interstate
body, the federal government including any agency or officer thereof,
and any Indian tribe or authorized tribal organization.
(10) "Price deflator" means the figures reported by the United
States department of commerce bureau of economic analysis((,)) on the
table for "Implicit Price Deflator for Gross ((National)) Domestic
Product." ((for "Government Purchases of Goods and Services,")) The
department must use a price deflator for "State and Local Government."
If a "State and Local Government" figure is not included on the table,
the department must use a price deflator figure applicable to general
government.
(11) "Recycled for beneficial use" means the use of hazardous
waste, either before or after reclamation, as a substitute for a
commercial product or raw material, but does not include: (a) Use
constituting disposal; (b) incineration; or (c) use as a fuel.
(12) "Waste generation site" means any geographical area that has
been assigned an EPA/
Sec. 16 RCW 70.95E.040 and 1990 c 114 s 14 are each amended to
read as follows:
On an annual basis, the department shall adjust the fees provided
for in RCW 70.95E.020 and 70.95E.030, including the maximum annual fee,
and maximum total fees, by conducting the calculation in subsection (1)
of this section and taking the actions set forth in subsection (2) of
this section:
(1) In ((November)) March of each year, the fees, annual fee, and
maximum total fees imposed in RCW 70.95E.020 and 70.95E.030, or as
subsequently adjusted by this section, shall be multiplied by a factor
equal to the ((most current quarterly)) "price deflator" for the most
recently completed calendar year available, divided by the "price
deflator" used in the numerator the ((previous)) preceding year.
((However, the "price deflator" used in the denominator for the first
adjustment shall be defined by the second quarter "price deflator" for
1990.))
(2) Each year by ((March)) April 1st the fee schedule, as adjusted
in subsection (1) of this section, will be published. The department
will round the published fees to the nearest dollar.
Sec. 17 RCW 70.95I.080 and 1986 c 37 s 1 are each amended to read
as follows:
((By January 1, 1987, the state fire protection board, in
cooperation with)) The department ((of ecology,)) shall ((develop))
maintain, as necessary, a statewide standard for the placement of
above-ground tanks to collect used oil from private individuals for
recycling purposes.
Sec. 18 RCW 70.95J.025 and 1997 c 398 s 1 are each amended to
read as follows:
(1) The department shall establish annual fees to collect expenses
for issuing and administering biosolids permits under this chapter. An
initial fee schedule shall be established by rule and shall be adjusted
no more often than once every two years. This fee schedule applies to
all permits, regardless of date of issuance, and fees shall be assessed
prospectively. Fees shall be established in amounts to recover
expenses incurred by the department in processing permit applications
and modifications, reviewing related plans and documents, monitoring,
evaluating, conducting inspections, overseeing performance of delegated
program elements, providing technical assistance and supporting
overhead expenses that are directly related to these activities.
(2) The annual fee paid by a permittee for any permit issued under
this chapter shall be determined by the number of residences or
residential equivalents contributing to the permittee's biosolids
management system. If residences or residential equivalents cannot be
determined or reasonably estimated, fees shall be based on other
appropriate criteria.
(3) The biosolids permit account is created in the state treasury.
All receipts from fees under this section must be deposited into the
account. Moneys in the account may be spent only after appropriation.
Expenditures from the account may be used only for the purposes of
administering permits under this chapter.
(4) ((The department shall present a biennial progress report on
the use of moneys from the biosolids permit account to the legislature.
The first report is due on or before December 31, 1998, and thereafter
on or before December 31st of odd-numbered years. The report shall
consist of information on fees collected, actual expenses incurred, and
anticipated expenses for the current and following fiscal years.)) The department shall work with the regulated community and
local health departments to study the feasibility of modifying the fee
schedule to support delegated local health departments and reduce local
health department fees paid by biosolids permittees.
(5)
Sec. 19 RCW 70.105.160 and 2010 1st sp.s. c 7 s 89 are each
amended to read as follows:
The department shall conduct a study to determine the best
management practices for categories of waste for the priority waste
management methods established in RCW 70.105.150, with due
consideration in the course of the study to sound environmental
management and available technology. As an element of the study, the
department shall review methods that will help achieve the priority of
RCW 70.105.150(1)(a), waste reduction. Before issuing any proposed
rules, the department shall conduct public hearings regarding the best
management practices for the various waste categories studied by the
department. After conducting the study, the department shall prepare
new rules or modify existing rules as appropriate to promote
implementation of the priorities established in RCW 70.105.150 for
management practices which assure use of sound environmental management
techniques and available technology. The preliminary study shall be
completed by July 1, 1986, and the rules shall be adopted by July 1,
1987.
The studies shall be updated at least once every five years. The
funding for these studies shall be from the ((hazardous waste control
and elimination)) state toxics control account, subject to legislative
appropriation.
Sec. 20 RCW 70.105.180 and 1985 c 57 s 70 are each amended to
read as follows:
All fines and penalties collected under this chapter shall be
deposited in the ((hazardous waste control and elimination)) state
toxics control account((, which is hereby created in the state
treasury. Moneys in the account collected from fines and penalties
shall be expended exclusively by the department of ecology for the
purposes of chapter 70, Laws of 1983 1st ex. sess., subject to
legislative appropriation. Other sources of funds deposited in this
account may also be used for the purposes of chapter 70, Laws of 1983
1st ex. sess. All earnings of investments of balances in the hazardous
waste control and elimination account shall be credited to the general
fund)).
Sec. 21 RCW 70.105.210 and 1989 1st ex.s. c 13 s 2 are each
amended to read as follows:
((By May 31, 1990,)) The department shall ((develop and adopt))
maintain criteria for the siting of hazardous waste management
facilities. These criteria will be part of the state hazardous waste
management plan as described in RCW 70.105.200. To the extent
practical, these criteria shall be designed to minimize the short-term
and long-term risks and costs that may result from hazardous waste
management facilities. These criteria may vary by type of facilities
and may consider natural site characteristics and engineered
protection. Criteria may be established for:
(1) Geology;
(2) Surface and groundwater hydrology;
(3) Soils;
(4) Flooding;
(5) Climatic factors;
(6) Unique or endangered flora and fauna;
(7) Transportation routes;
(8) Site access;
(9) Buffer zones;
(10) Availability of utilities and public services;
(11) Compatibility with existing uses of land;
(12) Shorelines and wetlands;
(13) Sole-source aquifers;
(14) Natural hazards; and
(15) Other factors as determined by the department.
Sec. 22 RCW 90.58.190 and 2012 c 172 s 1 are each amended to read
as follows:
(1) The appeal of the department's decision to adopt a master
program or amendment pursuant to RCW 90.58.070(2) or 90.58.090(5) is
governed by RCW 34.05.510 through 34.05.598.
(2)(a) The department's final decision to approve or reject a
proposed master program or master program amendment by a local
government planning under RCW 36.70A.040 shall be appealed to the
growth management hearings board by filing a petition as provided in
RCW 36.70A.290.
(b) If the appeal to the growth management hearings board concerns
shorelines, the growth management hearings board shall review the
proposed master program or amendment solely for compliance with the
requirements of this chapter, the policy of RCW 90.58.020 and the
applicable guidelines, the internal consistency provisions of RCW
36.70A.070, 36.70A.040(4), 35.63.125, and 35A.63.105, and chapter
43.21C RCW as it relates to the adoption of master programs and
amendments under chapter 90.58 RCW.
(c) If the appeal to the growth management hearings board concerns
a shoreline of statewide significance, the board shall uphold the
decision by the department unless the board, by clear and convincing
evidence, determines that the decision of the department is
noncompliant with the policy of RCW 90.58.020 or the applicable
guidelines, or chapter 43.21C RCW as it relates to the adoption of
master programs and amendments under this chapter.
(d) The appellant has the burden of proof in all appeals to the
growth management hearings board under this subsection.
(e) Any party aggrieved by a final decision of the growth
management hearings board under this subsection may appeal the decision
to superior court as provided in RCW 36.70A.300.
(3)(a) The department's final decision to approve or reject a
proposed master program or master program amendment by a local
government not planning under RCW 36.70A.040 shall be appealed to the
shorelines hearings board by filing a petition within thirty days of
the date that the department publishes notice of its final decision
under RCW 90.58.090(8).
(b) In an appeal relating to shorelines, the shorelines hearings
board shall review the proposed master program or master program
amendment and, after full consideration of the presentations of the
parties, shall determine the validity of the local government's master
program or amendment in light of the policy of RCW 90.58.020 and the
applicable guidelines, and chapter 43.21C RCW as it relates to the
adoption of master programs and amendments under this chapter.
(c) In an appeal relating to shorelines of statewide significance,
the shorelines hearings board shall uphold the decision by the
department unless the board determines, by clear and convincing
evidence that the decision of the department is noncompliant with the
policy of RCW 90.58.020 or the applicable guidelines, or chapter 43.21C
RCW as it relates to the adoption of master programs and amendments
under this chapter.
(d) Review by the shorelines hearings board shall be considered an
adjudicative proceeding under chapter 34.05 RCW, the administrative
procedure act. The appellant shall have the burden of proof in all
such reviews.
(e) Whenever possible, the review by the shorelines hearings board
shall be heard within the county where the land subject to the proposed
master program or master program amendment is primarily located. The
department and any party aggrieved by a final decision of the hearings
board may appeal the decision to superior court as provided in chapter
34.05 RCW.
(((4) A master program amendment shall become effective after the
approval of the department or after the decision of the growth
management hearings board or shorelines hearings board to uphold the
master program or master program amendment, provided that either the
growth management hearings board or the shorelines hearings board may
remand the master program or master program amendment to the local
government or the department for modification prior to the final
adoption of the master program or master program amendment.))
NEW SECTION. Sec. 23 Section 1 of this act expires June 30,
2019.
NEW SECTION. Sec. 24 Section 2 of this act takes effect June 30,
2019.
NEW SECTION. Sec. 25 The following acts or parts of acts are
each repealed:
(1) RCW 70.93.090 (Litter receptacles -- Use of anti-litter symbol--Distribution -- Placement -- Violations -- Penalties) and 1998 c 257 s 4,
1979 c 94 s 5, & 1971 ex.s. c 307 s 9;
(2) RCW 70.94.505 (Woodsmoke emissions -- Work group) and 2007 c 339
s 3; and
(3) RCW 70.95.545 (Tire recycling--Report) and 2002 c 299 s 9.