wa-law.org > bill > 2025-26 > HB 2634 > Original Bill
The legislature finds that the commercial radioactive waste disposal facility operated by the state of Washington is a leaking unlined soil landfill. A state investigation confirmed the site is releasing significant levels of chemical and radioactive contamination into the soil and groundwater. The groundwater under the site flows to the Columbia river.
Pursuant to state law adopting the Northwest interstate compact on low-level radioactive waste management and the federal low-level radioactive waste policy act, the leaking, unlined landfill is the only disposal site which may be utilized for the radioactive wastes, other than high-level waste such as used reactor fuel, generated by any new nuclear reactors built in Washington state or the states comprising the Northwest and mountain states compacts.
The legislature finds that the commercial low-level radioactive waste landfill operated by the state of Washington for the Northwest interstate compact on low-level radioactive waste management is on lands to which the confederated bands and tribes of the Yakama Nation and the confederated bands and tribes of the Umatilla Indian reservation have treaty reserved rights. The legislature further finds that contamination spreading from the landfill and future potential releases of contamination interfere with the treaty reserved rights to utilize lands and resources and poses a significant health threat to the peoples of the two federally recognized tribal nations.
It is the policy of the state of Washington that investigation and remediation of releases of hazardous substances, including all carcinogens, are based on reasonable maximum exposure scenarios pursuant to the model toxics control act.
It is the policy of the state of Washington that clean-up levels and standards reflecting reasonable maximum exposure scenarios for sites where releases impact resources and lands to which federally recognized Indian nations have reserved treaty rights, such as the landfill operated by the state under the Northwest interstate compact on low-level radioactive waste management, utilize tribal exposure scenarios developed with, and approved by, the tribes whose members' health may be affected by releases from the site.
The legislature recognizes that the state is ultimately responsible for remediation of the commercial radioactive waste disposal site, which is located on lands leased to the state by the United States department of energy on the Hanford nuclear reservation, and for the costs of investigation, monitoring, and remediation.
The legislature declares it is the policy of the state of Washington to require that the corporations, persons, or other entities who contribute to the contamination sources, consistent with RCW 70A.305.040, disposed in the commercial radioactive waste landfill are liable parties who should bear the costs of investigation and remediation under joint, several, and strict liability pursuant to the model toxics control act and the federal comprehensive environmental response, compensation, and liability act. The legislature intends for the state policies adopted in RCW 70A.305.010 (2) and (5) to be applied to the commercial radioactive waste landfill to raise sufficient funds to clean up all hazardous waste sites and to prevent the creation of future hazards due to improper disposal of toxic wastes into the state's lands and waters, and because it is often difficult or impossible to allocate responsibility among persons liable for hazardous waste sites and because it is essential that sites be cleaned up well and expeditiously, each responsible person should be liable jointly and severally.
The legislature further intends that the standards for protection of human health and the environment under the model toxics control act are applicable to releases or threatened releases of all hazardous substances, including all carcinogens, not just toxic chemicals, from the commercial low-level radioactive waste landfill operated by the state under the Northwest interstate compact on low-level radioactive waste management. It is further intended that the potential for additional releases from the facility be reduced by investigation of the sources in unlined trenches and potential removal or other active remediation, followed by appropriate treatment and disposal, to prevent future releases of hazardous substances.
It is the policy of the state of Washington to reduce the long-term risk of additional releases from, and costs of remediating, the commercial radioactive waste landfill operated by the state under the Northwest interstate compact on low-level radioactive waste management by reducing the amount of waste disposed until such time as the site is fully investigated and remediated. It is the policy of the state to clean up before adding more waste.
Therefore, the legislature intends that no additional low-level radioactive wastes from new commercial nuclear reactors should be allowed to be disposed of in the commercial radioactive waste landfill until the site is fully investigated and current or potential releases are remediated to meet all standards to protect human health and the environment.
The legislature finds that the costs of investigation and remediation of the landfill operated by the state under the Northwest interstate compact on low-level radioactive waste management will likely be greatly in excess of the funding in the site closure account established in RCW 70A.384.050. The legislature declares and reiterates that it is the policy of the state of Washington that liable parties, including the site operator and entities utilizing the site, including any operators of currently operating or new nuclear reactors, shall be liable for the costs of investigation and remediation of the facility, not the state of Washington and its general taxpayers.
The legislature further intends to ensure that future disposal of commercial radioactive wastes occurs in a facility with liners, leachate collection, monitoring and other controls to prevent or reduce long-term releases of contamination which meet or exceed those requirements for landfills permitted by the state for hazardous and dangerous wastes.
The legislature further intends that the costs to develop any new facility meeting these requirements, if located in Washington state, should be borne by current and future users of the disposal facility and not the taxpayers of the state.
The director of the department shall conduct new investigations and monitoring for releases of all hazardous substances as defined in RCW 70A.305.020, or 42 U.S.C. Sec. 9601(14) as it existed on the effective date of this section, which have been released or have the potential to be released from the commercial low-level radioactive waste disposal facility. The investigation shall include characterization of the sources of past or potential future releases of hazardous substances and identification of hazardous substances and wastes which were not authorized to be disposed of in the facility.
By July 1, 2029, the director of the department shall propose a plan for remediation of past and potential future releases, including removal or stabilization of hazardous substances which may release in concentrations, which when considered individually or cumulatively, including summing the risk from all carcinogens, may reasonably be projected to exceed applicable, relevant, or appropriate standards and requirements for protection of human health or the environment. The plan shall also provide for the removal from the commercial low-level radioactive waste disposal facility of all high-level radioactive waste as defined in 42 U.S.C. Sec. 10101(12) as it existed as of the effective date of this section, or other wastes whose disposal in a near surface, unlined landfill violates 42 U.S.C. Sec. 10101 et seq., other federal or state laws, lease terms, or site permit conditions. The director of the department of ecology may extend the deadline for proposing the plan and required environmental analyses accompanying it by up to two years with concurrence of each federally recognized tribe with reserved treaty rights impacted by the facility which have formally informed the director of the tribe's interest in participating in the response to the release pursuant to subsection (3) of this section.
In development of the plan and investigation required by this section, the department shall utilize a tribal exposure scenario to determine potential exposures and human health risks for all pathways which members of federally recognized tribes exercising reserved rights under treaties may be exposed to potential future releases from the commercial low-level radioactive waste disposal facility, including releases due to failures of caps or reasonably foreseeable intrusion into the soil disposal areas. The department shall enter into memoranda of understanding or other mutually agreed upon binding agreements with such federally recognized tribes which inform the department that they wish to participate in responding to the releases or threatened releases from the site, including providing response costs to such tribes from either the recovery of costs from the commercial operator pursuant to chapter 70A.305 RCW and other potentially liable parties, or from the fees established for investigation and remediation of the facility to be charged to generators utilizing the facility pursuant to RCW 70A.384.110.
An environmental impact statement shall be required to accompany the plan for the commercial low-level radioactive waste disposal facility pursuant to chapter 43.21C RCW and shall include:
Projections of the volumes, composition, longevity of risk, from all proposals which may result in a significant increase in volumes, changes in composition, or new sources of wastes to be disposed of in the facility. The scope of proposals subject to such analysis includes all identified potential proposals for new nuclear reactors in this state, including those which any municipal government, joint operating agency, or consortium in this state have identified, or proposals located in any of the states comprising the Northwest interstate compact in chapter 70A.380 RCW or any other states in which the compact has agreed to accept waste for disposal at the facility;
Analyses of the potential cumulative impacts from proposals which may result in any significant increase in volumes or changes in the composition of waste to be disposed of in the facility;
Analyses of the cumulative impacts of releases from the facility and other sources of releases on the Hanford nuclear reservation. This cumulative analysis shall identify cumulative risks from potential releases to members of federally recognized tribes exercising reserved treaty rights and shall utilize one or more tribal exposure scenarios;
Consideration of alternatives to disposal of wastes in unlined trenches and consideration of alternative locations, including in other states, for disposal of wastes from nuclear reactors which are not currently in operation. Alternatives to be reviewed shall include excluding wastes generated from new nuclear reactors, and from new nuclear reactors located in states which are not members of the Northwest interstate compact in chapter 70A.380 RCW.
The proposed plan for remediation, including the results of investigations, and the accompanying environmental impact statement required pursuant to chapter 43.21C RCW, shall be available for public review and comment for at least 90 days and the department shall conduct no less than five public meetings to obtain comment on the reports and plan, at least two of which shall be conducted in collaboration with the state of Oregon, if that state requests such meetings, on the same basis that the department collaborates with Oregon in holding public meetings on proposals for the cleanup of, and the hazardous waste permit for, the Hanford nuclear reservation. Public participation funding shall be available for review of the investigation, plan, and reports and to engage the public in review and commenting pursuant to RCW 70A.305.180.
The state may not issue any permit or approval for any new nuclear reactor until the investigation, remediation plan, and impact statement required by this section have been completed, formally adopted, and are final. No municipal entity or joint operating agency authorized by the state may enter into any agreement or issue bonds or other debt for development of new nuclear reactors from which wastes may be disposed of in the commercial low-level radioactive waste disposal facility until the investigation, remediation plan, and environmental impact statement are finalized and the site is either remediated to prevent any releases or exposures which would exceed applicable standards or an alternative lined disposal facility to accept such wastes is opened in another state which is a member of, or contracts with, the Northwest interstate compact in chapter 70A.380 RCW.
Environmental review under this chapter of a plan specified in section 2 of this act must be carried out consistent with section 2 of this act.
The council may not issue any permit or approval for any new nuclear reactor until the investigation, remediation plan, and impact statement required by section 2 of this act have been completed, formally adopted, and are final.
The model toxics control operating account is hereby created in the state treasury.
Moneys in the model toxics control operating account must be used only to carry out the purposes of this chapter, including but not limited to the following:
The state's responsibility for hazardous waste planning, management, regulation, enforcement, technical assistance, and public education required under chapter 70A.300 RCW;
The state's responsibility for solid waste planning, management, regulation, enforcement, technical assistance, and public education required under chapter 70A.205 RCW;
The hazardous waste clean-up program required under this chapter;
State matching funds required under federal cleanup law;
Financial assistance for local programs and plans, including local solid waste financial assistance, in accordance with chapters 70A.405, 70A.205, 70A.214, 70A.224, and 70A.300 RCW;
State government programs for the safe reduction, recycling, or disposal of paint and hazardous wastes from households, small businesses, and agriculture;
Oil and hazardous materials spill prevention, preparedness, training, and response activities;
Water and environmental health protection and monitoring programs;
A public participation program;
Development and demonstration of alternative management technologies designed to carry out the hazardous waste management priorities of RCW 70A.300.260;
State agriculture and health programs for the safe use, reduction, recycling, or disposal of pesticides;
Funding requirements to maintain receipt of federal funds under the federal solid waste disposal act (42 U.S.C. Sec. 6901 et seq.);
Air quality programs and actions for reducing public exposure to toxic air pollution;
Petroleum-based plastic or expanded polystyrene foam debris clean-up activities in fresh or marine waters;
Expenses related to the investigation, remediation plan, and tribal response required under section 2 of this act; and
For the 2021-2023 fiscal biennium, and solely to continue the policy of previous biennia, forest practices at the department of natural resources.
Except for unanticipated receipts under RCW 43.79.260 through 43.79.282, moneys in model toxics control operating account may be spent only after appropriation by statute.
One percent of the moneys collected under RCW 82.21.030 must be allocated only for public participation grants to persons who may be adversely affected by a release or threatened release of a hazardous substance and to not-for-profit public interest organizations. The primary purpose of these grants is to facilitate the participation by persons and organizations in the investigation and remedying of releases or threatened releases of hazardous substances and to implement the state's solid and hazardous waste management priorities. No grant may exceed sixty thousand dollars. Grants may be renewed annually. Moneys appropriated for public participation that are not expended at the close of any biennium revert to the model toxics control operating account.
The department must adopt rules for grant or loan issuance and performance.
During the 2023-2025 and 2025-2027 fiscal biennia, the legislature may direct the state treasurer to make transfers of moneys in the model toxics control operating account to the state general fund.
The person designated as the Washington representative to the committee as specified in Article V shall :
Adhere to all provisions of the low-level radioactive waste compact. In considering special conditions or arrangements for access to the state's facilities from wastes generated outside of the region, the committee member shall ensure at a minimum, that the provisions of Article IV, Section 3 are complied with. After 1992 the Washington representative may approve access to the state's facility only for the states currently members of the Rocky Mountain compact or states which generate less than one thousand cubic feet of waste annually and are contiguous with a state which is a member of the Northwest compact.
Represent that it is the policy of this state, and vote accordingly, to require that the facility on the Hanford nuclear reservation not accept waste from any new commercial nuclear reactors that are not in operation as of the effective date of this section until such time as:
An investigation of all released and potentially released hazardous substances as defined in RCW 70A.305.020 or 42 U.S.C. Sec. 9601(14), an environmental impact statement, and a remediation plan are completed in consultation with the federally recognized tribes with reserved treaty rights potentially affected by releases from the facility on the Hanford nuclear reservation pursuant to section 2 of this act;
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Remediation is completed for all releases and potential releases which are measured or projected to exceed drinking water standards, soil clean-up standards pursuant to chapter 70A.305 RCW, or standards utilized for the federal comprehensive environmental response, compensation, and liability act cleanup on the Hanford nuclear reservation, whichever is most protective of human health and the environment. In determining such clean-up levels, a tribal exposure scenario must be utilized; or
An alternative disposal facility for waste from new nuclear reactors is developed, fully permitted and operational in another state which is a member of the Northwest interstate compact;
The fully burdened costs for the investigation and remedial actions required by section 2 of this act are incorporated into the disposal surcharges under RCW 70A.384.110 and are determined to be adequate for remediation, monitoring, and closure of the site. The Washington representative shall support policies which allocate a greater proportion of those costs to wastes disposed from new or existing commercial nuclear reactors based on the relative greater contribution of risk, half-life of radioactive wastes disposed from reactor operations, and potential for disposal of reactor components than is allocated to either medical or other commercial radioactive waste sources; and
The studies and public vote required by chapter 80.52 RCW for any proposal for new electrical generating facilities in this state have occurred, and the voters have approved the issuance of debt for any such proposal, including for any proposal for new nuclear reactors or other generation which is proposed or contemplated to be implemented in phases for which the total of potential phases may exceed 350 megawatts.
The director of the department of ecology shall require that generators of waste pay a fee for each cubic foot of waste disposed at any facility in the state equal to six dollars and fifty cents. The fee shall be imposed specifically on the generator of the waste and shall not be considered to apply in any way to the low-level site operator's disposal activities. The fee shall be allocated in accordance with RCW 70A.384.120 and 70A.384.130. Failure to comply with this section may result in denial or suspension of the generator's site use permit pursuant to RCW 70A.388.060.
In addition to the fees required under subsection (1) of this section, the director of the department of ecology shall assess on all generators of waste from commercial nuclear reactors and disposed of at the commercial radioactive waste disposal facility operated by the department a fee for each unit of waste which is adequate to fully fund the investigation, development of a remediation plan and impact statement, and to complete all remedial actions adopted for the facility. This fee may be reduced by the department to the extent which all such response costs are funded by the commercial operator and other potentially liable parties pursuant to chapter 70A.305 RCW. All fees collected pursuant to this subsection shall be deposited in the model toxics control operating account established in RCW 70A.305.180 to be used for expenses related to the requirements of section 2 of this act.