(1)(a) The department, within sixty
days after December 2, 2004, shall order any site owner or
operator utilizing landfills or burial grounds containing unlined
soil trenches in which mixed wastes are reasonably believed by
the department to have been disposed to:
(i) Cease disposal of all further wastes in unlined soil
trenches or facilities within thirty days of the order;
(ii) Initiate an investigation to provide the department
with an inventory based on actual characterization of all
hazardous substances potentially disposed in unlined trenches;
(iii) Initiate an investigation of releases or potential
releases of any hazardous substances that were potentially
disposed in unlined trenches;
(iv) Prepare, or pay the costs of the department to prepare,
pursuant to the provisions of chapters 70.105 and 70.105D RCW, a
plan for waste retrieval, treatment, closure, and monitoring for
the unlined soil trenches, which may include temporary caps
pending full characterization and remediation, the schedule for
which shall be based upon determination of requirements to
prevent migration of wastes; and
(v) Install and maintain a groundwater and soil column
monitoring system, within two years, which is in compliance with
all requirements of chapter 70.105 RCW, this chapter, and RCRA,
42 U.S.C. Sec. 6901 et seq., as amended.
(b) The department shall provide, by rule, for public
notice, hearings, and comment on the scope of investigations and
all actions necessary to fulfill the purposes of this section.
Notice to the public for purposes of this section shall include a
description of potential impacts to health or the environment
from the facilities, and the potential for any state resources,
or land areas, to be restricted from future use due to potential
releases of hazardous substances from the site or facility.
(2) At any site with one or more land disposal facilities or
units containing unlined trenches or pits, at which mixed wastes
are stored or were disposed, any proposed expansion of such land
disposal facility or unit, or application to permit new land
disposal facilities at the same site, shall be considered to be
an impermissible expansion of the existing units or facilities
where:
(a) There is a reasonable basis to believe mixed or
hazardous wastes are buried or stored that have not been fully
characterized to conclusively determine that no mixed or
hazardous wastes are present;
(b) A release of a hazardous substance has occurred,
including but not limited to releases of radioactive or mixed
wastes; or
(c) The department has information to indicate that there is
a significant potential for a release of hazardous substances.
(3) Determinations and permit actions, pursuant to chapter 70.105 RCW or this chapter, relating to the closure of tank
systems consisting of one or more interconnected tanks in which
mixed wastes are currently, or were, stored, shall be made by the
department only after consideration of the cumulative impacts of
all tank residuals and leaks from such systems at the site
pursuant to chapter 43.21C RCW. Actions may not be taken to
close individual tanks, or which may prevent the retrieval of
residual mixed wastes remaining in a tank, in any element of the
tank system, or in the soil due to leaks from the tank system,
prior to compliance with this section and determination of the
quantity, nature, and potential impacts from such residuals or
releases. In no event may the department allow the use of a
landfill closure for mixed waste tank systems prior to all
potentially effective and practicable actions having been taken
to characterize, and remediate, releases and potential releases.
The department may require research and development of
technologies for characterization or retrieval pursuant to this
section.
[2005 c 1 § 6 (Initiative Measure No. 297, approved November 2, 2004).]
NOTES:
Reviser's note: Initiative Measure No. 297 was declared unconstitutional in its entirety in United States of America, et al. v. Manning, et al., U.S.D.C. No. CV-04-5128-AAM (E.D. Wash. 2006).