H-1749              _______________________________________________

                                                   HOUSE BILL NO. 2055

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Representatives Rasmussen, Dorn, Fraser, Walker, Ferguson, Brumsickle, Phillips, Winsley, Walk, Spanel, R. Meyers, Belcher, Tate and K. Wilson

Read first time 2/17/89 and referred to Committee on Environmental Affairs.

AN ACT Relating to disposal of sludge; and amending RCW 70.95.255.

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

        Sec. 1.  Section 1, chapter 297, Laws of 1986 and RCW 70.95.255 are each amended to read as follows:

(1) After January 1, 1988, the department of ecology may prohibit disposal of municipal sewage sludge or septic tank sludge (septage) in landfills for final disposal, except on a temporary, emergency basis, if the jurisdictional health department determines that a potentially unhealthful circumstance exists.  Beneficial uses of sludge in landfill reclamation is acceptable utilization ((and not considered disposal)).

(2) Whenever sludge is to be disposed of in any manner on land, the person seeking to dispose of the sludge shall file an environmental impact statement under chapter 43.21C RCW.

(3) The department of ecology shall adopt rules that provide exemptions from this section on a case-by-case basis.  Exemptions shall be based on the economic infeasibility of using or disposing of the sludge material other than in a landfill.

(4) The department of ecology, after consulting with representatives from cities, counties, special purpose districts, and operators of septic tank pump-out services, shall adopt rules for the environmentally safe use of municipal sewage sludge and septage in this state.

(5) The department of ecology, after consulting with representatives from the pulp and paper industry and the food processing industry, may adopt rules for the environmentally safe use of appropriate industrial sludges, such as pulp and paper sludges or food processing wastes, used to improve the texture or nutrient content of soils.

(6) The department of ecology, in conjunction with the department of social and health services and the department of agriculture, shall adopt rules establishing labeling and notification requirements for sludge material sold commercially or given away to the public.  The department shall specify mandatory wording for labels and notification to warn the public against improper use of the material.