S-936                 _______________________________________________

                                                   SENATE BILL NO. 5389

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Senators Kreidler and Bluechel

Read first time 1/28/87 and referred to Committee on  Parks & Ecology.

AN ACT Relating to noise control; and amending RCW 70.107.060.

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

        Sec. 1.  Section 6, chapter 183, Laws of 1974 ex. sess. and RCW 70.107.060 are each amended to read as follows:

          (1) Nothing in this chapter shall be construed to deny, abridge or alter alternative rights of action or remedies in equity or under common law or statutory law, criminal or civil.

          (2) Nothing in this chapter shall deny, abridge or alter any powers, duties and functions relating to noise abatement and control now or hereafter vested in any state agency, nor shall this chapter be construed as granting jurisdiction over the industrial safety and health of employees in work places of the state, as now or hereafter vested in the department of labor and industries.

          (3) No local government shall adopt resolutions, ordinances, rules or regulations concerned with the control of noise which shall be effective prior to adoption of maximum noise levels  and the rules adopted by the department pursuant to this chapter or January 31, 1975, whichever occurs sooner.  Such resolutions, ordinances, rules, or regulations must be consistent with RCW 70.107.060(4).

          (4) Standards and other control measures adopted by the department under this chapter shall be exclusive except as hereinafter provided.  A local government may impose limits or control sources differing from those adopted or controlled by the department upon a finding that such requirements are necessitated by special  conditions.  ((No such noise limiting requirements of local government shall be valid unless first approved by the department.  If disapproved the local government may appeal the decision to the pollution control hearings board which shall decide the appeal on the basis of the provisions of this chapter, and the applicable regulations, together with such briefs, testimony, and oral argument as the hearings board in its discretion may require.  In the determination of whether to grant any such approval, the department shall give consideration to the reasonableness and practicability of compliance with particular attention to the situation of stationary sources, the noise producing operations of which are conducted at or near jurisdictional boundaries.))

          (5) In carrying out the rule-making authority provided in this chapter, the department shall follow the procedures of the administrative procedure act, chapter 34.04 RCW, and shall take care that no rules adopted purport to exercise any powers preempted by the United States under federal law.