EXECUTIVE SUMMARY
The Model Toxics Control Act Policy Advisory Committee (MTCA PAC or committee)
issues its final report with recommendations which we believe will meet the
legislative directive and make the Model Toxics Control Act more effective. The
report reflects that the committee did come to grips with a wide variety of
issues. Consensus or broad support (limited opposition) was achieved in the
overwhelming majority of areas identified as priorities in our December 15, 1995
report.
The Policy Advisory Committee has confronted and made substantive
recommendations on:
- use of site-specific risk assessments;
- evaluation of ecological risks;
- technical assistance which will enable small business and others to get
help with a very technical, time-consuming and expensive process;
- enhanced public participation;
- greater assurance about the quality of independent cleanups;
- greater assurance of success for institutional and engineering controls
(measures to protect humans and the environment from hazardous substances
left at a site);
- increased initiatives for areawide or so-called "brownfields" sites
(historically contaminated and underutilized property) to re-enter the
market as productive, usable, tax revenue producing and economically
restored property;
- more readable and understandable regulations reflecting the real world
of cleanups under the Model Toxics Control Act;
- a menu of options to address and hopefully resolve disputes with Ecology
more quickly and cheaply;
- a short- and long-term strategy for dealing with the most prevalent
contamination -- petroleum.
The recommendations will require both legislation and rule-making, along with
some additional issuance of guidance from Ecology. The legislative
recommendations are targeted and do not reflect wide-sweeping program changes.
Recommendations for statutory change are succinctly compiled in Section 4.0 and
include the following areas:
- areawide contamination/brownfields
- enhanced technical assistance
- tax policy
- public participation and community involvement
- plume clause
- transferability of covenants not to sue
- release reporting
The committee's goal was a budget-neutral set of recommendations. This set of
recommendations comes close. The costs of implementing most of the
recommendations are recoverable from liable parties, but a few are not. The PAC
respects the difficult fiscal session being faced by the Legislature, and
believes there is potential for shifting some Ecology priorities and current
funding directions. In the interim, the group urges implementation of the
recommendations. The additional revenue requirement is expected to be
approximately $700,000 for the biennium. Most of that goes to the effort to
simplify and increase program accountability. The result is believed to be a net
economic benefit to the state.
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