HOUSE BILL REPORT

ESB 6252

BYSenators Patterson, Murray, Wojahn, Barr, Bender and Conner

Enacting a moratorium on siting of hazardous waste disposal facilities.

House Committe on Environmental Affairs

Majority Report:  Do pass as amended.  (7)

      Signed by Representatives Rust, Chair; Valle, Vice Chair; Brekke, G. Fisher, Phillips, Pruitt and Sprenkle.

Minority Report:  Do not pass.  (4)

      Signed by Representatives D. Sommers, Ranking Republican Member; Schoon, Van Luven and Walker.

House Staff:Harry Reinert (786-7110)

Rereferred House Committee on Appropriations

Majority Report:  Do pass as amended by Committee on Environmental Affairs.  (23)

      Signed by Representatives Locke, Chair; Grant, Vice Chair; S. Sommers, Vice Chair; Belcher, Bowman, Brekke, Brough, Dorn, Ebersole, Ferguson, Hine, Inslee, May, McLean, Nealey, Peery, Rust, Sayan, Spanel, Sprenkle, Valle, Wang and Wineberry.

Minority Report:  Do not pass.  (2)

      Signed by Representatives Silver, Ranking Republican Member; and Youngsman, Assistant Ranking Republican Member.

House Staff:      Nancy Stevenson (786-7137)

AS REPORTED BY COMMITTEE ON APPROPRIATIONS FEBRUARY 24, 1990

BACKGROUND:

In 1985, the Legislature declared that only the state may permit and regulate facilities for landfilling, incineration or land treatment of hazardous wastes, designated as "preempted facilities."  The Department of Ecology was assigned the authority to regulate such facilities with respect to location, construction and operation.  Permits issued by the department are in lieu of any and all permits by any other state, regional or local governmental authority.  Any laws or regulations which conflict with the state hazardous waste laws or regulations, and any regional or local laws regarding the location, construction or operation of preempted facilities, are superseded.

In addition, the department was directed to adopt criteria for the siting of preempted facilities and other hazardous waste management facilities.  The criteria are designed to minimize short-term and long-term risks and costs resulting from such facilities, and may consider natural site characteristics as well as engineered protection.  The criteria are required to be included in a state hazardous waste management plan that includes elements such as an inventory and assessment of the capacity of existing facilities, a forecast of future waste generation, a plan for promoting the state's waste management priorities, and a public information and education plan.  The siting criteria were required to be completed by December 31, 1986, and the balance of the plan by June 30, 1987.

Siting criteria were adopted by the department in March of 1988, and subsequently withdrawn.  In 1989, the Legislature extended the deadline for adoption of the criteria to May 31, 1990.  The department completed a state plan at the end of 1989, and is seeking additional funding for a more comprehensive plan.

There are currently no preemptive facilities located within the state of Washington.  An application has been filed with the department for a proposed facility to be located near Vantage in Grant County.  Another facility is being explored at a site in Adams County.  The nearest landfill facilities for the disposal of hazardous waste are located in Oregon and Idaho, and the nearest site for the incineration of hazardous waste is located in Texas.

SUMMARY:

BILL AS AMENDED:  By November 1, 1990, the Washington State University hazardous substances research group is to prepare a report that includes:  1) an assessment of risks to agricultural areas from airborne contaminants and the landfill disposal of ash from incineration facilities; and 2) an assessment of the origins of waste from the four-state regional area likely to be disposed at a Washington facility.  The assessment is to be based upon existing scientific studies and information, and upon relative impact to existing background hazardous material levels.

The research group will form an advisory committee from various interest groups that is balanced geographically.  The department shall also consult with recognized scientific authorities and review the operational record of existing facilities.

Prior to issuing any permit for a hazardous waste incinerator or landfill, the Department of Ecology will consider this information and other information necessary to determine the size of, need for, and safety of the facility.

One hundred ninety-eight thousand five hundred dollars is appropriated from the state toxics control account to Washington State University for the study.

AMENDED BILL COMPARED TO ENGROSSED BILL:  The amendment transfers the report responsibility from the Department of Ecology to the Washington State University research group.  The amendment deletes a requirement that a mapping of potential sites be prepared, and deletes a requirement that a representative from the business community be on the advisory committee.  The amendment also directs the report to consider the viability of state-owned land on the Hanford reservation as a site for a hazardous waste incinerator or landfill.  The amendment adds the requirement that the Department of Ecology use the study in any permit application process, and adds an appropriation.

CHANGES PROPOSED BY COMMITTEE ON APPROPRIATIONS:  None.

Appropriation:    $198,500 from the state toxics control account to the Washington State University.

Fiscal Note:      Requested February 22, 1990.

House Committee ‑ Testified For:    (Environmental Affairs)  Ken Murphy, Washington Farm Bureau Hazardous Waste Committee; Betty Tabbutt, Washington Environmental Council; Jim Boldt, Rabanco; John A. Harder, Washington Association of Wheat Growers; Denny Eliason, ECOS; Chris Lyle, citizen; Rosalind Olsen, citizen; and Jerry Dormaier, citizen.

(Appropriations)  No one.

House Committee - Testified Against:      (Environmental Affairs)  No one.

(Appropriations)  No one.

House Committee - Testimony For:    (Environmental Affairs)  There is a need for better information on the risks posed by hazardous waste facilities to agricultural lands.

(Appropriations)  None.

House Committee - Testimony Against:      (Environmental Affairs)  None.

(Appropriations)  None.