(1) Upon application by the
United States Navy, and upon verification of the legal
description and compliance with the intent of this chapter, the
commissioner is authorized to lease bedlands in Port Gardner Bay
for a term of thirty years so the United States Navy can utilize
a dredge spoil site solely for purposes related to construction
of the United States Navy base at Everett.
(2) The lease shall reserve for the state uses of the
property and associated waters which are not inconsistent with
the use of the bed by the Navy as a disposal site. The lease
shall include conditions under which the Navy:
(a) Will agree to hold the state of Washington harmless for
any damage and liability relating to, or resulting from, the use
of the property by the Navy; and
(b) Will agree to comply with all terms and conditions
included in the applicable state of Washington section 401 water
quality certification issued under the authority of the federal
clean water act (33 U.S.C. Sec. 1251, et seq.), all terms and
conditions of the army corps of engineers section 404 permit (33
U.S.C. Sec. 1344), and all requirements of statutes, regulations,
and permits relating to water quality and aquatic life in Puget
Sound and Port Gardner Bay, including all reasonable and
appropriate terms and conditions of any permits issued under the
authority of the Washington state shoreline management act
(chapter 90.58 RCW) and any applicable shoreline master program.
(3) The ability of the state of Washington to enforce the
terms and conditions specified in subsection (2)(b) of this
section shall include, but not be limited to: (a) The terms and
conditions of the lease; (b) the section 401 water quality
certification under the clean water act, 33 U.S.C. Sec. 1251, et
seq.; (c) the comprehensive environmental response, compensation,
and liability act, 42 U.S.C. Sec. 9601, et seq.; (d) the resource
conservation and recovery act, 42 U.S.C. Sec. 6901, et seq.; or
(e) any other applicable federal or state law.
[2005 c 155 § 606; 1987 c 271 § 3. Formerly RCW 79.95.060.]
NOTES:
Severability -- 1987 c 271: See note following RCW 79.130.050.