HOUSE BILL REPORT

HB 793

BYRepresentatives Brekke, Valle, Rust, Brough, Jacobsen, Allen, Unsoeld, Winsley, Sprenkle, Nelson, Holland, Pruitt and Todd

Revising provisions on solid waste management.

House Committe on Environmental Affairs

Majority Report:     The substitute bill be substituted therefor and the substitute bill do pass.  (9)

     Signed by Representatives Rust, Chair; Valle, Vice Chair; Allen, Brekke, Jesernig, Lux, Pruitt, Sprenkle and Unsoeld.

Minority Report:     Do not pass. (3)

     Signed by Representatives Ferguson, May and D. Sommers.

House Staff:Susan Gulick (786-7116)

AS REPORTED BY COMMITTEE ON ENVIRONMENTAL AFFAIRS FEBRUARY 26, 1987

BACKGROUND:

The Solid Waste Management Act provides for local responsibility for solid waste management.  Jurisdictional health departments are responsible for issuing and renewing permits for solid waste facilities.  The Department of Ecology may appeal the issuance or renewal of a permit to the Pollution Control Hearings Board, but Ecology does not have any direct enforcement authority.  There are no penalties established by statute.

The Model Litter Control And Recycling Act was established to provide for litter control and recycling in the state.  Under this act, a fee is assessed on numerous retail items, primarily those sold in grocery stores.  The current rate of the assessment is one and one half hundredths of one percent of gross proceeds.  This money must be used as follows:  40-50 percent for a litter patrol program, 20-30 percent for litter control education, and 20-30 percent for recycling, including education programs to foster private recycling efforts.

SUMMARY:

SUBSTITUTE BILL:  If the jurisdictional health department has reason to believe that a solid waste permit has not been obtained or has not been complied with, the health department may 1) serve notice to the violator that may include an order for corrective action, 2) require the violator to appear before the local board of health for a hearing, or 3) initiate enforcement action.  The Department of Ecology may take similar actions after conferring with the health department if a) the health department fails to take action or b) the action taken is inadequate to achieve compliance.

Violations of the chapter are subject to civil penalties of between $500 and $10,000.  When either the jurisdictional health department or the Department of Ecology determines that a permit has been violated, the permit will be suspended unless the violator achieves compliance.  The penalty may be waived as long as the operator is actively attempting to correct the violation.  All monies collected from penalties will be deposited in the solid waste management account.

Any person aggrieved by a permit issuance or noncompliance with a permit may request review by either the jurisdictional health department or by the Department of Ecology.  These decisions may then be appealed to the Pollution Control Hearings Board.

Fees required for permit issuance and renewal must be used to fund local solid waste enforcement or management activities.

Persons disposing of solid waste at a landfill, transfer station or incineration facility will be assessed a fee of $.50 per ton in addition to existing fees.  The fees will be deposited into the solid waste management account, which is established for 1) preparing permits, 2) reviewing permits, and 3) local solid waste planning or management activities.  At least 65 percent of the money must be allocated for local government uses.

The Model Litter Control and Recycling Act is amended to encourage cooperative efforts between public and private sectors. Public programs should be promoted when private recyclers are unable or unwilling to provide multimaterial recycling activities.  Public programs should be contracted out to private recyclers whenever feasible.

The litter tax is increased from one and one half hundredths of a percent to twenty-four one thousandths of a percent.  Allowable uses for the liter tax monies are changed to allow 40-45 percent for the youth corps litter pickup program; 10-20 percent for litter control such as public education and promoting awareness of opportunities for multilateral recycling; and 40-45 percent for recycling and solid waste management including technical assistance, pilot projects and research into recycling market development opportunities.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  The substitute bill added the following:  1) enforcement provisions for failure to obtain a required permit, 2) requirements for the Department of Ecology to confer with local health departments before taking enforcement actions, and 3) requirements that 65 percent of the solid waste management account will be used for local government purposes.

Fiscal Note:    Requested February 10, 1987.

House Committee ‑ Testified For:     Rep. Brekke; Washington Citizens for Recycling; Department of Ecology; No DUMP, Inc.; Washington Environmental Council.

House Committee - Testified Against: Committee for Litter Control and Recycling; Washington Soft Drink Association; Association of Washington Cities; Washington Association of Counties.

House Committee - Testimony For:     The problem of enforcement of solid waste laws must be addressed.  Today's solid waste landfill may be tomorrow's hazardous waste cleanup problem if enforcement is not addressed.  The bill will provide funding for local governments to promote waste reduction and recycling.  The Department of Ecology needs the enforcement authority provided in this bill.

House Committee - Testimony Against: The litter tax will increase by 60 percent.  The Model Litter Control and Recycling Act does not need changing; it is a model for the nation and is working well.  The litter tax should not be used for solid waste management.  If local governments had the help they need from the Department of Ecology, these enforcement provisions would not be necessary.