Department of Ecology News Release - July 22, 2004

04-143

Rule change to prevent toxic messes from being dumped on taxpayers

OLYMPIA - The state Department of Ecology (Ecology) is proposing to change its dangerous-waste rules and is requesting comments from the public through Sept. 10.

For the most part, the changes are administrative, adding mandatory federal rules and guidelines for dealing with dangerous waste. The rule's most significant revision will give Ecology the authority to require recycling and used-oil facilities to set aside money to safely close and clean up their properties.

The changes stem from incidents in 1999 to 2001, when three facilities went bankrupt and were abandoned.

"Ecology found out the hard way that current regulations were not adequate because exemptions made it possible for the facilities to have insufficient financial coverage for any cleanups that might be needed," said Darin Rice, interim manager of Ecology's hazardous-waste program.

The companies left behind large volumes of hazardous waste and stuck state and federal agencies, customers and, ultimately, taxpayers with the cleanup bill. One of the facilities, CleanCare of Tacoma, had put aside $35,000, while the cost of cleaning the property was $4 million.

"The rule change sends a strong message that we won't let a situation like CleanCare happen in Washington again," Rice said. "In fact, many other states are watching to see how this plays out because they also need a workable solution. We know it will be successful."

According to the proposed rule revisions, facilities that accept and manage hazardous wastes or used oil will need to write a plan for closing operations, estimate the cost of closure and prove that cleanup and closure funding is available.

"We know that putting aside this money may be a challenge, especially for small companies," said Jim Sachet, manager of the hazardous-waste facilities project. "That's why we're phasing the cost requirement in over three years. We know there will be an effect, but the public simply can't foot the bill, financially or environmentally."

Citizens can submit written comments through Sept. 10 to Chipper Hervieux of Ecology's Hazardous Waste & Toxics Reduction Program by mail at P.O. Box 47600, Olympia, Wash., 98504-7600, by e-mail at pher461@ecy.wa.gov, or by fax at 360-407-6715.

A public hearing also is scheduled. It will be held by video conference on Tuesday, Aug. 10, from 1 to 4 p.m. The public can participate at any of the following locations:

University of Washington, Tacoma
1900 Commerce St., Administration Bldg., Room BHS107, on the floor above street-level businesses.

University of Washington, Seattle
1959 N.E. Pacific Street, Magnuson Health Sciences Center, Computing and Communications, UWTR T-Wing, Room 239.

Spokane Community College
1810 North Greene St., in the Instructional Media Laboratory

Yakima Valley Community College
16th Street and Nob Hill Blvd.

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Media contact: Caitlin Cormier, public information manager, 360-407-6149

Facts about the rule revision: http://www.ecy.wa.gov/pubs/0404018.pdf
Rule-revision site: http://www.ecy.wa.gov/laws-rules/activity/2004/wac173303.html
HWMF Initiative site: http://www.ecy.wa.gov/programs/hwtr/hwfacilities

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