Hazardous substance releases

AN ACT Relating to the safe management of radioactive waste and 1
cleanup of hazardous substance releases into the environment with 2
recognition of treaty rights of federally recognized tribes, 3
providing for fees for generators of radioactive wastes and approval 4
of new sources of waste prior to disposal; amending RCW 70A.305.180, 5
70A.380.020, and 70A.384.110; adding a new section to chapter 70A.384 6
RCW; adding a new section to chapter 43.21C RCW; adding a new section 7
to chapter 80.50 RCW; and creating a new section. 8
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:9
NEW SECTION. Sec. 1. (1) The legislature finds that the 10
commercial radioactive waste disposal facility operated by the state 11
of Washington is a leaking unlined soil landfill. A state 12
investigation confirmed the site is releasing significant levels of 13
chemical and radioactive contamination into the soil and groundwater. 14
The groundwater under the site flows to the Columbia river.15
(2) Pursuant to state law adopting the Northwest interstate 16
compact on low-level radioactive waste management and the federal 17
low-level radioactive waste policy act, the leaking, unlined landfill 18
is the only disposal site which may be utilized for the radioactive 19
wastes, other than high-level waste such as used reactor fuel, 20
H-3031.1
HOUSE BILL 2634
State of Washington 69th Legislature 2026 Regular Session
By Representatives Pollet, Bernbaum, Stearns, Ryu, Parshley, Nance,
Leavitt, Goodman, Taylor, and Wylie
Read first time 01/22/26. Referred to Committee on Environment &
Energy.
p. 1 HB 2634
generated by any new nuclear reactors built in Washington state or 1
the states comprising the Northwest and mountain states compacts.2
(3) The legislature finds that the commercial low-level 3
radioactive waste landfill operated by the state of Washington for 4
the Northwest interstate compact on low-level radioactive waste 5
management is on lands to which the confederated bands and tribes of 6
the Yakama Nation and the confederated bands and tribes of the 7
Umatilla Indian reservation have treaty reserved rights. The 8
legislature further finds that contamination spreading from the 9
landfill and future potential releases of contamination interfere 10
with the treaty reserved rights to utilize lands and resources and 11
poses a significant health threat to the peoples of the two federally 12
recognized tribal nations. 13
(4) It is the policy of the state of Washington that 14
investigation and remediation of releases of hazardous substances, 15
including all carcinogens, are based on reasonable maximum exposure 16
scenarios pursuant to the model toxics control act.17
(5) It is the policy of the state of Washington that clean-up 18
levels and standards reflecting reasonable maximum exposure scenarios 19
for sites where releases impact resources and lands to which 20
federally recognized Indian nations have reserved treaty rights, such 21
as the landfill operated by the state under the Northwest interstate 22
compact on low-level radioactive waste management, utilize tribal 23
exposure scenarios developed with, and approved by, the tribes whose 24
members' health may be affected by releases from the site.25
(6) The legislature recognizes that the state is ultimately 26
responsible for remediation of the commercial radioactive waste 27
disposal site, which is located on lands leased to the state by the 28
United States department of energy on the Hanford nuclear 29
reservation, and for the costs of investigation, monitoring, and 30
remediation. 31
(7) The legislature declares it is the policy of the state of 32
Washington to require that the corporations, persons, or other 33
entities who contribute to the contamination sources, consistent with 34
RCW 70A.305.040, disposed in the commercial radioactive waste 35
landfill are liable parties who should bear the costs of 36
investigation and remediation under joint, several, and strict 37
liability pursuant to the model toxics control act and the federal 38
comprehensive environmental response, compensation, and liability 39
act. The legislature intends for the state policies adopted in RCW 40
p. 2 HB 2634
70A.305.010 (2) and (5) to be applied to the commercial radioactive 1
waste landfill to raise sufficient funds to clean up all hazardous 2
waste sites and to prevent the creation of future hazards due to 3
improper disposal of toxic wastes into the state's lands and waters, 4
and because it is often difficult or impossible to allocate 5
responsibility among persons liable for hazardous waste sites and 6
because it is essential that sites be cleaned up well and 7
expeditiously, each responsible person should be liable jointly and 8
severally. 9
(8) The legislature further intends that the standards for 10
protection of human health and the environment under the model toxics 11
control act are applicable to releases or threatened releases of all 12
hazardous substances, including all carcinogens, not just toxic 13
chemicals, from the commercial low-level radioactive waste landfill 14
operated by the state under the Northwest interstate compact on low-15
level radioactive waste management. It is further intended that the 16
potential for additional releases from the facility be reduced by 17
investigation of the sources in unlined trenches and potential 18
removal or other active remediation, followed by appropriate 19
treatment and disposal, to prevent future releases of hazardous 20
substances. 21
(9) It is the policy of the state of Washington to reduce the 22
long-term risk of additional releases from, and costs of remediating, 23
the commercial radioactive waste landfill operated by the state under 24
the Northwest interstate compact on low-level radioactive waste 25
management by reducing the amount of waste disposed until such time 26
as the site is fully investigated and remediated. It is the policy of 27
the state to clean up before adding more waste. 28
(10) Therefore, the legislature intends that no additional low-29
level radioactive wastes from new commercial nuclear reactors should 30
be allowed to be disposed of in the commercial radioactive waste 31
landfill until the site is fully investigated and current or 32
potential releases are remediated to meet all standards to protect 33
human health and the environment. 34
(11) The legislature finds that the costs of investigation and 35
remediation of the landfill operated by the state under the Northwest 36
interstate compact on low-level radioactive waste management will 37
likely be greatly in excess of the funding in the site closure 38
account established in RCW 70A.384.050. The legislature declares and 39
reiterates that it is the policy of the state of Washington that 40
p. 3 HB 2634
liable parties, including the site operator and entities utilizing 1
the site, including any operators of currently operating or new 2
nuclear reactors, shall be liable for the costs of investigation and 3
remediation of the facility, not the state of Washington and its 4
general taxpayers. 5
(12) The legislature further intends to ensure that future 6
disposal of commercial radioactive wastes occurs in a facility with 7
liners, leachate collection, monitoring and other controls to prevent 8
or reduce long-term releases of contamination which meet or exceed 9
those requirements for landfills permitted by the state for hazardous 10
and dangerous wastes. 11
(13) The legislature further intends that the costs to develop 12
any new facility meeting these requirements, if located in Washington 13
state, should be borne by current and future users of the disposal 14
facility and not the taxpayers of the state. 15
NEW SECTION. Sec. 2. A new section is added to chapter 70A.384 16
RCW to read as follows: 17
(1) The director of the department shall conduct new 18
investigations and monitoring for releases of all hazardous 19
substances as defined in RCW 70A.305.020, or 42 U.S.C. Sec. 9601 (14) 20
as it existed on the effective date of this section, which have been 21
released or have the potential to be released from the commercial 22
low-level radioactive waste disposal facility. The investigation 23
shall include characterization of the sources of past or potential 24
future releases of hazardous substances and identification of 25
hazardous substances and wastes which were not authorized to be 26
disposed of in the facility. 27
(2) By July 1, 2029, the director of the department shall propose 28
a plan for remediation of past and potential future releases, 29
including removal or stabilization of hazardous substances which may 30
release in concentrations, which when considered individually or 31
cumulatively, including summing the risk from all carcinogens, may 32
reasonably be projected to exceed applicable, relevant, or 33
appropriate standards and requirements for protection of human health 34
or the environment. The plan shall also provide for the removal from 35
the commercial low-level radioactive waste disposal facility of all 36
high-level radioactive waste as defined in 42 U.S.C. Sec. 10101 (12) 37
as it existed as of the effective date of this section, or other 38
wastes whose disposal in a near surface, unlined landfill violates 42 39
p. 4 HB 2634
U.S.C. Sec. 10101 et seq., other federal or state laws, lease terms, 1
or site permit conditions. The director of the department of ecology 2
may extend the deadline for proposing the plan and required 3
environmental analyses accompanying it by up to two years with 4
concurrence of each federally recognized tribe with reserved treaty 5
rights impacted by the facility which have formally informed the 6
director of the tribe's interest in participating in the response to 7
the release pursuant to subsection (3) of this section.8
(3) In development of the plan and investigation required by this 9
section, the department shall utilize a tribal exposure scenario to 10
determine potential exposures and human health risks for all pathways 11
which members of federally recognized tribes exercising reserved 12
rights under treaties may be exposed to potential future releases 13
from the commercial low-level radioactive waste disposal facility, 14
including releases due to failures of caps or reasonably foreseeable 15
intrusion into the soil disposal areas. The department shall enter 16
into memoranda of understanding or other mutually agreed upon binding 17
agreements with such federally recognized tribes which inform the 18
department that they wish to participate in responding to the 19
releases or threatened releases from the site, including providing 20
response costs to such tribes from either the recovery of costs from 21
the commercial operator pursuant to chapter 70A.305 RCW and other 22
potentially liable parties, or from the fees established for 23
investigation and remediation of the facility to be charged to 24
generators utilizing the facility pursuant to RCW 70A.384.110.25
(4) An environmental impact statement shall be required to 26
accompany the plan for the commercial low-level radioactive waste 27
disposal facility pursuant to chapter 43.21C RCW and shall include:28
(a) Projections of the volumes, composition, longevity of risk, 29
from all proposals which may result in a significant increase in 30
volumes, changes in composition, or new sources of wastes to be 31
disposed of in the facility. The scope of proposals subject to such 32
analysis includes all identified potential proposals for new nuclear 33
reactors in this state, including those which any municipal 34
government, joint operating agency, or consortium in this state have 35
identified, or proposals located in any of the states comprising the 36
Northwest interstate compact in chapter 70A.380 RCW or any other 37
states in which the compact has agreed to accept waste for disposal 38
at the facility; 39
p. 5 HB 2634
(b) Analyses of the potential cumulative impacts from proposals 1
which may result in any significant increase in volumes or changes in 2
the composition of waste to be disposed of in the facility;3
(c) Analyses of the cumulative impacts of releases from the 4
facility and other sources of releases on the Hanford nuclear 5
reservation. This cumulative analysis shall identify cumulative risks 6
from potential releases to members of federally recognized tribes 7
exercising reserved treaty rights and shall utilize one or more 8
tribal exposure scenarios; 9
(d) Consideration of alternatives to disposal of wastes in 10
unlined trenches and consideration of alternative locations, 11
including in other states, for disposal of wastes from nuclear 12
reactors which are not currently in operation. Alternatives to be 13
reviewed shall include excluding wastes generated from new nuclear 14
reactors, and from new nuclear reactors located in states which are 15
not members of the Northwest interstate compact in chapter 70A.380 16
RCW. 17
(5) The proposed plan for remediation, including the results of 18
investigations, and the accompanying environmental impact statement 19
required pursuant to chapter 43.21C RCW, shall be available for 20
public review and comment for at least 90 days and the department 21
shall conduct no less than five public meetings to obtain comment on 22
the reports and plan, at least two of which shall be conducted in 23
collaboration with the state of Oregon, if that state requests such 24
meetings, on the same basis that the department collaborates with 25
Oregon in holding public meetings on proposals for the cleanup of, 26
and the hazardous waste permit for, the Hanford nuclear reservation. 27
Public participation funding shall be available for review of the 28
investigation, plan, and reports and to engage the public in review 29
and commenting pursuant to RCW 70A.305.180. 30
(6) The state may not issue any permit or approval for any new 31
nuclear reactor until the investigation, remediation plan, and impact 32
statement required by this section have been completed, formally 33
adopted, and are final. No municipal entity or joint operating agency 34
authorized by the state may enter into any agreement or issue bonds 35
or other debt for development of new nuclear reactors from which 36
wastes may be disposed of in the commercial low-level radioactive 37
waste disposal facility until the investigation, remediation plan, 38
and environmental impact statement are finalized and the site is 39
either remediated to prevent any releases or exposures which would 40
p. 6 HB 2634
exceed applicable standards or an alternative lined disposal facility 1
to accept such wastes is opened in another state which is a member 2
of, or contracts with, the Northwest interstate compact in chapter 3
70A.380 RCW. 4
NEW SECTION. Sec. 3. A new section is added to chapter 43.21C 5
RCW to read as follows: 6
Environmental review under this chapter of a plan specified in 7
section 2 of this act must be carried out consistent with section 2 8
of this act. 9
NEW SECTION. Sec. 4. A new section is added to chapter 80.50 10
RCW to read as follows: 11
The council may not issue any permit or approval for any new 12
nuclear reactor until the investigation, remediation plan, and impact 13
statement required by section 2 of this act have been completed, 14
formally adopted, and are final. 15
Sec. 5. RCW 70A.305.180 and 2025 c 424 s 977 are each amended to 16
read as follows: 17
(1) The model toxics control operating account is hereby created 18
in the state treasury. 19
(2) Moneys in the model toxics control operating account must be 20
used only to carry out the purposes of this chapter, including but 21
not limited to the following: 22
(a) The state's responsibility for hazardous waste planning, 23
management, regulation, enforcement, technical assistance, and public 24
education required under chapter 70A.300 RCW; 25
(b) The state's responsibility for solid waste planning, 26
management, regulation, enforcement, technical assistance, and public 27
education required under chapter 70A.205 RCW; 28
(c) The hazardous waste clean-up program required under this 29
chapter; 30
(d) State matching funds required under federal cleanup law;31
(e) Financial assistance for local programs and plans, including 32
local solid waste financial assistance, in accordance with chapters 33
70A.405, 70A.205, 70A.214, 70A.224, and 70A.300 RCW;34
(f) State government programs for the safe reduction, recycling, 35
or disposal of paint and hazardous wastes from households, small 36
businesses, and agriculture; 37
p. 7 HB 2634
(g) Oil and hazardous materials spill prevention, preparedness, 1
training, and response activities; 2
(h) Water and environmental health protection and monitoring 3
programs; 4
(i) Programs authorized under chapter 70A.135 RCW;5
(j) A public participation program; 6
(k) Development and demonstration of alternative management 7
technologies designed to carry out the hazardous waste management 8
priorities of RCW 70A.300.260; 9
(l) State agriculture and health programs for the safe use, 10
reduction, recycling, or disposal of pesticides; 11
(m) Funding requirements to maintain receipt of federal funds 12
under the federal solid waste disposal act (42 U.S.C. Sec. 6901 et 13
seq.); 14
(n) Air quality programs and actions for reducing public exposure 15
to toxic air pollution; 16
(o) Petroleum-based plastic or expanded polystyrene foam debris 17
clean-up activities in fresh or marine waters; ((and))18
(p) Expenses related to the investigation, remediation plan, and 19
tribal response required under section 2 of this act; and20
(q) For the 2021-2023 fiscal biennium, and solely to continue the 21
policy of previous biennia, forest practices at the department of 22
natural resources. 23
(3) Except for unanticipated receipts under RCW 43.79.260 through 24
43.79.282, moneys in model toxics control operating account may be 25
spent only after appropriation by statute. 26
(4) One percent of the moneys collected under RCW 82.21.030 must 27
be allocated only for public participation grants to persons who may 28
be adversely affected by a release or threatened release of a 29
hazardous substance and to not-for-profit public interest 30
organizations. The primary purpose of these grants is to facilitate 31
the participation by persons and organizations in the investigation 32
and remedying of releases or threatened releases of hazardous 33
substances and to implement the state's solid and hazardous waste 34
management priorities. No grant may exceed sixty thousand dollars. 35
Grants may be renewed annually. Moneys appropriated for public 36
participation that are not expended at the close of any biennium 37
revert to the model toxics control operating account.38
(5) The department must adopt rules for grant or loan issuance 39
and performance. 40
p. 8 HB 2634
(6) During the 2023-2025 and 2025-2027 fiscal biennia, the 1
legislature may direct the state treasurer to make transfers of 2
moneys in the model toxics control operating account to the state 3
general fund. 4
Sec. 6. RCW 70A.380.020 and 1990 c 21 s 5 are each amended to 5
read as follows: 6
The person designated as the Washington representative to the 7
committee as specified in Article V shall ((adhere)):8
(1) Adhere to all provisions of the low-level radioactive waste 9
compact. In considering special conditions or arrangements for access 10
to the state's facilities from wastes generated outside of the 11
region, the committee member shall ensure at a minimum, that the 12
provisions of Article IV, Section 3 are complied with. After 1992 the 13
Washington representative may approve access to the state's facility 14
only for the states currently members of the Rocky Mountain compact 15
or states which generate less than one thousand cubic feet of waste 16
annually and are contiguous with a state which is a member of the 17
Northwest compact. 18
(2) Represent that it is the policy of this state, and vote 19
accordingly, to require that the facility on the Hanford nuclear 20
reservation not accept waste from any new commercial nuclear reactors 21
that are not in operation as of the effective date of this section 22
until such time as:23
(a) An investigation of all released and potentially released 24
hazardous substances as defined in RCW 70A.305.020 or 42 U.S.C. Sec. 25
9601(14), an environmental impact statement, and a remediation plan 26
are completed in consultation with the federally recognized tribes 27
with reserved treaty rights potentially affected by releases from the 28
facility on the Hanford nuclear reservation pursuant to section 2 of 29
this act;30
(b)(i) Remediation is completed for all releases and potential 31
releases which are measured or projected to exceed drinking water 32
standards, soil clean-up standards pursuant to chapter 70A.305 RCW, 33
or standards utilized for the federal comprehensive environmental 34
response, compensation, and liability act cleanup on the Hanford 35
nuclear reservation, whichever is most protective of human health and 36
the environment. In determining such clean-up levels, a tribal 37
exposure scenario must be utilized; or38
p. 9 HB 2634
(ii) An alternative disposal facility for waste from new nuclear 1
reactors is developed, fully permitted and operational in another 2
state which is a member of the Northwest interstate compact;3
(c) The fully burdened costs for the investigation and remedial 4
actions required by section 2 of this act are incorporated into the 5
disposal surcharges under RCW 70A.384.110 and are determined to be 6
adequate for remediation, monitoring, and closure of the site. The 7
Washington representative shall support policies which allocate a 8
greater proportion of those costs to wastes disposed from new or 9
existing commercial nuclear reactors based on the relative greater 10
contribution of risk, half-life of radioactive wastes disposed from 11
reactor operations, and potential for disposal of reactor components 12
than is allocated to either medical or other commercial radioactive 13
waste sources; and14
(d) The studies and public vote required by chapter 80.52 RCW for 15
any proposal for new electrical generating facilities in this state 16
have occurred, and the voters have approved the issuance of debt for 17
any such proposal, including for any proposal for new nuclear 18
reactors or other generation which is proposed or contemplated to be 19
implemented in phases for which the total of potential phases may 20
exceed 350 megawatts.21
Sec. 7. RCW 70A.384.110 and 2020 c 20 s 1059 are each amended to 22
read as follows: 23
(1) The director of the department of ecology shall require that 24
generators of waste pay a fee for each cubic foot of waste disposed 25
at any facility in the state equal to six dollars and fifty cents. 26
The fee shall be imposed specifically on the generator of the waste 27
and shall not be considered to apply in any way to the low-level site 28
operator's disposal activities. The fee shall be allocated in 29
accordance with RCW 70A.384.120 and 70A.384.130. Failure to comply 30
with this section may result in denial or suspension of the 31
generator's site use permit pursuant to RCW 70A.388.060.32
(2) In addition to the fees required under subsection (1) of this 33
section, the director of the department of ecology shall assess on 34
all generators of waste from commercial nuclear reactors and disposed 35
of at the commercial radioactive waste disposal facility operated by 36
the department a fee for each unit of waste which is adequate to 37
fully fund the investigation, development of a remediation plan and 38
impact statement, and to complete all remedial actions adopted for 39
p. 10 HB 2634
the facility. This fee may be reduced by the department to the extent 1
which all such response costs are funded by the commercial operator 2
and other potentially liable parties pursuant to chapter 70A.305 RCW. 3
All fees collected pursuant to this subsection shall be deposited in 4
the model toxics control operating account established in RCW 5
70A.305.180 to be used for expenses related to the requirements of 6
section 2 of this act. 7
--- END ---
p. 11 HB 2634