ublished by 'The 'Statute Law Committ e • r. '. ";" • '. •
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VOLUME 6

Titles 60 through 74

2000

REVISED CODE OF WASHINGTON

Published under the authority of chapter 1.08 RCW.

Containing all laws of a general and permanent nature through the 2000 second special session, which adjourned

sine die April 27, 2000.

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(2000 Ed.) (Preface-;J i]
1M! ",,-W; ." HiB......'#1 111' ! ... a • rwr==4i z I

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REVISED CODE OF WASHINGTON

2000 Edition

e 2000 State of Washington

CERTIFICATE

The 2000 edition of the Revised Code of Washington, published officially by the Statute Law Committee, is, in

accordance with RCW 1.08.037, certified to comply with the current specifications of the committee.

jl/4AL/j

JOHN G. SCHULTZ, Chair,

STATUTE LAW COMMITTEE

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[preface-p ii] (2000 Ed.) I
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CHAPTER 70.105 RCW

HAZARDOUS WASTE MANAGEMENT

Sections

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70.105.005

70.105.007

70.105.010

70.105:020

70.105.025

70.105.030

70.105.035

70.105.040

70.105.050

70.105.060

70.105.070

70.105.080

70.105.085

70.105.090

70.105.095

70.105.097

70.105.100

70.105.105

70.105.109

70.105.110

70.105.111

70.105.112

70.105.116

70.105.120

70.105.130

70.105.135

70.105.140

70.105.145

70.105.150

70.105.160

70.105.165

Legislative declaration.

Purpose.

Definitions.

Standards and regulations--Adoption--Notice and

hearing--Consultation with other agencies.

Environmental excellence program agreements--Effect

on chapter.

List and information to be furnished by depositor of

hazardous waste--Rules and regulations.

Solid wastes--Conditionally exempt from chapter.

Disposal site or facility--Acquisition--Disposal fee

schedule.

Disposal at other than approved site prohibited--

Disposal of radioactive wastes.

Review of rules, regulations, criteria and fee

schedules.

Criteria for receiving waste-at disposal site.

Violations--Civil penalties.

Violations--Criminal penalties.

Violations--Gross'misdemeanor.

Violations- -Orders--Penalty for noncompliance---

Appeal .

Action for damages resulting from violation--

Attorneys' fees.

Powers and duties of department.

Duty of department to regulate PCB waste.

Regulation of wastes with radioactive and hazardous

components.

Regulation of dangerous wastes associated with energy

facilities.

Radioactive wastes--Authority of department of social

and health services.

Application of chapter to special incinerator ash.

Hazardous substance remedial actions--Procedural

requirements not applicable.

Authority of attorney general.

Department's powers as designated agency under

federal act.

Copies of notification forms or annual reports to

officials responsible for fire protection.

Rules implemented under RCW 70.10S.130--Review.

Department's authority to participate in and

administer federal act.

Declaration..:-Management of hazardous waste--

Priorities--Definitions.

Waste management studY--Public hearings--Adoption or

modification of rules.

Disposal of dangerous wastes at commercial off-site

land disposal facilities--Limitations~

RCW- (11/12/98 9:38). [ 1 ] -
70.105.170

70.105.180

70.105.200

70.105.210

70.105.215

70.105.217

70.105.220

70.105.221

70.105.225

70~105.230

70.105.235

70.105.240

70.105.245

70.105.250

70.105.255

70.105.260

70.105.270

70.105.280

70.105.300

70.105.900

NOTES:

Waste management--Consultative services--Technical

assistance--Confidentiality.

Disposition of fines and penalties--Earnings.

Hazardous waste management plan.

Hazardous waste management facilities--Department to

develop criteria for siting.

Department to adopt rules for permits for hazardous

substances treatment facilities.

Local government regulatory authority to prohibit or

condition.

Local governments to prepare local hazardous waste

plans--Basis--Elements required.

Local governments to prepare local hazardous waste

plans--Used oil recycling element.

Local governments to designate zones--Departmental

guidelines--Approval of local government zone .

designations or amendments--Exemption.

Local governments to submit letter of intent to

identify or designate zones and submit management

plans--Department to prepare plan in event of

failure to act.

Grants to local governments for plan preparation,

implementation, and designation of zones--Matching

funds--Qualifications.

State preemption--Department sole authority--Local

requirements superseded--State authority over

designated zone facilities~

Department may require notice of intent for

management facility permit.

Appeals to pollution control hearings board.

Department to provide technical assistance with local

plans.

Department to assist conflict resolution activities

related to siting facilities--Agreements may

constitute conditions for permit.

Requirements of RCW 70.105.200 through' 70.105.230 and

70.1'05.240 (4) not mandatory without legislative

appropriation.

Service charges ..

Metals mining and milling operations permits--

Inspections by department ot ecology. .

Short title--1985 c 448.

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Environmental certification programs- -Fees- -RuLe s-o-Li.abi.Ldt.y : RCW

43.21A.175.

Hazardous materials inc"idents, handling and liability: RCW

70.136.010 through 70.136.070.

Hazardous waste fees:. Chapter 70.105B RCW.

Radioactive and hazardous waste emergency response programs, state

.coo.rdLnator. RCW 38.52.030.

Transport of hazardous materials, state patrol authority over:

Chapter 46.48 RCW.

RCW (11/12/98 9:38) [2 ]
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RCW 70.105.005 Legislative declaration. The legislature·

hereby finds and declares:

(1) The health and welfare of the people of the state depend

on clean and pure environmental resources unaffected by hazardous

waste contamination. At the same time, the quality of life of the

people of the state is in part based upon a large variety of goods

produced by the economy of the state. The complex industrial

processes that produce these goods also generate waste byproducts,

some of which are hazardous to the public health and the

environment if' improperly managed.

(2) Safe and responsible management of hazardous waste is

necessary to prevent adverse effects on the environment and to

protect public health and safety.

(3) The availability of safe , effective, economical, and

environmentally sound 'facilities for the management of hazardous

waste is essential to protect public health and the environment and

to preserve the economic strength of the state.

(4) Strong and effective enforcement of federal and state

hazardous waste laws and regulations is essential to protect the

public health and the environment and to meet the public's concerns

regarding the acceptance of needed new hazardous waste management

facilities.

(5)· Negotiation, mediation, and similar conflict resolution·

techniques are useful in resolving concerns over the local impacts

of siting hazardous waste management facilities.

(6) Safe and responsible management of hazardous waste

requires an effective planning process that involves local and

state governments, the public, and industry.

(7) Public acceptance and successful siting of needed new

hazardous waste management facilities depends on several factors,

including:

(a) Public confidence in the safety of the facilities;

(b) Assurance that the hazardous waste management priorities

established in this chapter are being carried out to the maximum

degree practical;

(c) Recognition that all state citizens benefit from certain

products whose manufacture results in the generation of hazardous

byproducts, and that all state citizens must, therefore, share in

the responsibility for finding safe and effective means to manage

this·hazardous waste; and

(d) Provision of adequate opportunities for citizens to· meet

with facility operators and resolve concerns about local hazardous

waste management facilities.

(8) Due to the controversial and regional nature of facilities

for the disposal and incineration of hazardous waste, the

facilities have had difficulty in obtaining necessary local

approvals. The legislature finds that there is a atat.e-w.ide

interest in assuring that such facilities can be sited.

It is therefore the i~tentof the legislature to preempt local

government's authority to approve, deny, or otherwise regulate

disposal and incineration facilities, and to vest in the department

of ecology the sole authority among state, regional, and local

agencies to approve, deny, and regulate preempted facilities, as

defined iri this chapter.

In addition, it is the intent of the legislature that such

complete preemptive authority also be vested in the department for

treatment and storage facilities, in addi t i.on : to disposal and

RCW (11/12/98 9:38) [ 3 ]
incineration facilities, if a local government fails to carry out

its responsibilities established in RCW 70.105.225. . It is further the intent of the legislature that no local

ordinance, permit requirement, other requirement, or decision shall

prohibit on the basis of land use considerations the construction

of a hazardous waste management facility within any zone designated

and approved in accordance with this chapter, provided that the

proposed site for the facility is consistent with applicable siate

siting criteria.

(9) With the exception of the disposal site authorized for

acquisition under this chapter, the private sector has had the

primary role in providing hazardous waste management facilities and

services in the state. It is the intent of the legislature that

this role be encouraged and continue into the future to the extent

feasible. Whether privately or publicly owned and operated,

hazardous waste management facilities and services should be

subject to strict governmental regulation as provided under this

chapter. "

(10) Wastes that are exempt or excluded from full regulation

under this chapter due to their small quantity or household origin

have the potential to pose significant risk to public health and

the environment if not properly managed. It is the intent of the

legislature that the specific risks posed by such waste be

investigated and assessed and that programs be carried out as.

necessary to manage the waste appropriately. In addition, the

legisla,ture finds that, because local conditions vary substantially

in regard to the quantities, risks, and management opportunities

available for such wastes, local government is the appropriate

level of government to plan for and carry out programs to manage

moderate-risk waste, with assistance and coordination provided by

the department. [1985 c 448 § 2.]

NOTES:

Severability--1985 c 448: "If any provision of this act or

its application to any person or circumstance is held invalid, the

remainder of the act or the application of the provision to other

persons· or circumstances is"not affected." [1985 c 448 § 19.]

RCW 70.105.007 Purpose~ The purpose of this chapter is to

establish a comprehensive state-wide framework for the planning,

regulation, control, and management of hazardous waste which will

prevent land, air, and water pollution and conserve the natural,

economic, and energy resources of the state. To this end it is the

purpose of this chapter:

(1) To provide broad powers of regulation to the department of

ecology relating to management of hazardous wastes and releases of

hazardous substances;

(2) To promote waste reduction and to encourage other

improvements in waste management practices;

(3) To promote cooperation between state and local governments

by assigning responsibilities ·for planning for hazardous wastes to

the state and planning for moderate-risk waste to local government;

(4) To provide for prevention ·of problems related to improper

management of. hazardous substances b~fore such problems occur; and

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(5) To assure that needed hazardous waste management

facilities may be sited in the state,: and to ensure the safe

operation of the facilities. [1985 c 448 § 3.]

NOTES:

Severability--1985 c 448: See note following RCW 70.105.005 .

means. all contiguous land and structures,

and improvements on the land used for

treating, incinerating, or disposing of

RCW (11/12/989:38) [ 5 1
(12) "Preempted facility" means any facility that includes as

a significant part of its activities any of the following

operations: (a) Landfill, (b) incineration, (c) land treatment,

(d) surface impoundment to be closed as a landfill, or (e) waste

pile to be closed as a landfill.

(13) "Hazardous household substances" means those substances

identified by the department as hazardous household substances in

the guidelines developed under RCW 70.105.220.

(14) "Hazardous substances" means any liquid, solid, gas, or

sludge, including any material, substarice, product, commodity, or

waste, regardless of quantity, that exhibits any of the

characteristics or criteria of hazardous waste as described in

rules adopted under this chapter.

(15) "Hazardous waste" means and includes all dangerous and

extremely hazardous waste, including substances composed of both

radioactive and hazardous components.

(16) "Local government" means a city, town, or county.

(17) "Moderate-risk waste" means (a) any waste that exhibits

any of the properties of hazardous waste but' is exempt from

regulation under this chapter solely because the waste is generated

in quantities below the threshold for regulation, and (b) any

household wastes which are generated from the disposal of

substances identified by the department as hazardous household

substances.

(18) "Service charge" means an assessment imposed under RCW

70.105.280 against those facilities that store, treat, incinerate,

or dispose of dangerous or extremely hazardous waste that contains

both a 'nonradioactive hazardous component and a radioactive

component. Service charges shall also apply to facilities

undergoing closure under this chapter in those instances where

closure entails the physical characterization of remaining wastes

which contain both a nonradioactive hazardous component and a

radioactive component or the management of such wastes through

treatment or removal, except any commercial low-level radioactive

waste facility. [1989 c 376§ 1; 1987 c 488 § 1; 1985 c 448 § 1;

1975-'76 2nd ex.s. c 101 § 1.]

NOTES:

Severability--1989 c 376: "If any provision of this act or

its application to any person or circumstance is held invalid, the

remainder of the act or the application of the provision to other

persons or circumstances is not affected." [1989 c 376 § 4.]

Severability--198S c 448: See note following RCW 70.105.005.

RCW 70.10'S.020 Standards and regulations--Adoption--Notice

and hearing--Consultation with other agencies. The department

after notice and public hearing shall:

(1) Adopt regulations designating as extremely hazardous

wastes subject to the provisions of this chapter those substances

which exhibit characteristics consistent with the definition

provided in RCW 70.105.010(6);

(2) Adopt and may revise when' appropriate, minimum standards'

and regulations for disposal of extremely hazardous wastes to ()

protect against hazards to the public, and to the environment. . Before adoption of such standards and regulations, the department

RCW (11/12/98 9:38) [ 6
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shall consult with appropriate agencies of interested local

governments and secure technical assistance from the department of

agriculture, the department of social and health services, the

department of fish and wildlife, the departm~nt of natural

resources, the department of labor and industries, and the

department of community, trade, and economic development, through

the director of fire protection. [1994 c 264 § 42; 1988 c 36 § 28;

1986 c 266 § 119; 1975-'76 2nd ex.s. c 101 § 2.]

NOTES:

Severability--1986 c 266: See note following RCW 38.52.005.

RCW 70.105.025 Environmental excellence program agreements--

Effect on chapter. Notwithstanding any other provision of law, any

legal requirement under this chapter, including any standard,

limitation, rule, or order is superseded and replaced in accordance

with the terms and provisions of an environmental excellence

program agreement, entered into under chapter 43.21K RCW. [1997 c

381 § 23.]

NOTES:

Purpose--1997 c 381: See RCW 43.21K~005.

RCW 70.105.030 List and information to be furnished by

depositor of hazardous waste--Rules and regulations. (1) After the

effective date of the regulations adopted by the department

designating extremely hazardous wastes, any person planning 'to

dispose of extremely hazardous waste as designated by the

department shall provide the operator of the disposal site with a

list setting forth the extremely hazardous wastes for disposal, the

amount of such wastes, the general chemical and mineral composition

of such waste listed by approximate maximum and minimum

percentages, and the origin of any such waste. Such list, when

,appropriate, shall include information on antidotes, first aid, or

safety measures to be taken in case of accidental contact with the

particular extremely hazardous waste being disposed.

(2) The department s haLl, adopt and enforce all rules and'

regulations including the form and content of the list, necessary

and appropriate to accomplish the purposes of subsection (1) of

this section. [1975-'76 2nd ex.s. c 101 § 3.]

RCW 70.105.035 Solid wastes--Conditionally ,exempt from

chapter. Solid wastes that designate as dangerous waste or

extremely hazardous waste but do not designate as hazardous waste

under federal law are conditionally exempt from the requirements of

this chapter~ if:

(i) The waste is generated pursuant to a consent decree issued

under chapter 70.105D RCW;

(2) The consent decree characterizes the solid waste and

specifies management practices and a department-approved treatment

or disposal location;

RCW (11/12/98 9:38) [ 7 ]
(3) The management practices are consistent with RCW

70.105.150 and are protective of human health and the environment

as determined by the department of ecology; and

(4) Waste treated or disposed of on-site will be managed in a

manner determined by the department to be as protective of human

health and the environment as clean-up standards pursuant to

chapter 70.105D RCW.

This section shall not be interpreted to limit the ability of

the department to apply any requirement of this chapter through a

consent decree issued under chapter 70.105D RCW, if the department

determines these requirements to be appropriate. Neither shall

this section be interpreted to limit the application of this

chapter to a cleanup conducted under the federal comprehensive

environmental response, compensation, and liability act (42 U.S.C.

Sec. 9601 et seq., as amended). [1994 c 254 § 5.]

RCW 70.105.040 Disposal site or facility--Acquisition-~

Disposal fee schedule. (1) The department through the department

of general administration, is authorized to acquire interests in

real property from the federal government on the Hanford

Reservation by gift, purchase, lease, or other means, to be used

for the purpose of developing, operating, and maintaining an

extremely hazardous waste disposal site or facility by the

department, either directly or by agreement with public or private

persons or entities: PROVIDED, That lands acquired under this

section shall not be inconsistent with a local comprehensive plan

approved prior to January 1, 1976: AND PROVIDED FURTHER, That no

lands acquired under this section shall be subject to land use

regulation by a local government.

(2) The department may establish an appropriate fee schedule

for use of such disposal facilities to offset the cost of

administration of this chapter and the cost of development,

operation, maintenance, and perpetual management of the disposal

site. If operated by a private entity, the disposal fee maybe

such as to provide a"reasonable profit. [1975-'76 2nd ex.s. c 101

§ 4.]

RCW 70.105.050 Disposal at other than approved site

prohibited--Disposal of radioactive wastes. (1) No person shall

dispose of designated extremely hazardbuswastes at any disposal

site in th~ st~te other than the disposal site established and

approved for such purpose under provisions of this chapter, except: " (a) When such wastes are going to a processing facility which

will result in the wa s t e being reclaimed, treated, detoxified,

neutralized, or otherwise processed to remove its harmful

properties o~ characteristics;' or

(b) When such wastes are managed on-site as part of a remedial

action conducted by the department or by potentially liable persons

under a consent decree issued by the department pursuant to chapter

70.105D"RCW.

(2) Extremely hazardous wastes that contain radioactive

components may be disposed at a radioactive waste disposal site

that is (a) owned by the United States department of energy or a

licensee of the nuclear regulatory commission and (b) permitted by

the department and operated in compliance with the provisions of

this chapter. However, prior to disposal, or as apart of

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disposal, all reasonable methods of treatment, detoxification,

neutralization, or other waste management methodologies designed to

mitigate hazards associated with these wastes shall be employed, as

required by applicable federal and state laws and regulations.

[1994 c 254 § 6; 1987 c 488 § 4; 1975-'76 2nd ex.s. c 101 § 5.]

RCW 70.105.060 Review of rules, regulations, criteria and fee

schedules. All rules, regulations, criteria, and fee schedules

adopted by the department to implement the provisions of this

chapter shall, be reviewed by the solid waste advisory committee for

the purpose of recommending revisions, additions, or modifications

thereto as provided for the review of solid waste regulations and

standards pursuant to chapter 70.95 RCW. [1975-'76 2nd ex.s. c 101

§ 6.]

RCW 70.105.070 Criteria for receiving waste at disposal site.

The department may elect to receive dangerous waste at the site

provided under this chapter, provided '

(1) it is upon request of the owner, producer, or person

having custody of the waste, and

(2) upon the payment of a fee to cover disposal

(3) it can be reasonably demonstrated that there is no other

disposal sites in the state that will handle such dangerous waste,

and

(4) the site is designed to handle such a request or can be

modified to the extent necessary to adequately dispose of the

waste, or

(5) if a demonstrable emergency and potential threat to the

public health and safety exists. [1975-'76 2nd ex.s. c 101 § 7.]

RCW 70.105.080 Violations--Civil penalties. (1) Except as

provided in RCW 43.05.060 through 43.05.080 and 43.05.150, every

person who fails to comply with any provision of this chapter or of

the rules adopted thereunder shall be subjected to a penalty in an

amount of not more than ten thousand dollars per day for every such

violation. Each and every such violation shall be a separate and

'distinct offense. In case of continuing violation, every day's

continuance shall be a separate and distinct violation. Every

person "who, through an' act of commission or, omission, procures,

aids, or abets in the violation shall be considered to have

violated the provisions of this section and shall be subject to the'

penalty herein provided. , (2) The penalty provided for in this section shall be imposed

pursuant to the procedures in RCW 43.21B.300. [1995 c 403 § 631;

1987 c 109 § 12; 1983 c 172 § 2; 1975-'76'2nd ex.s. c 101 § 8.]

NOTES:

Findings-~Short title--:I:ntent--1995 c 403: See note following,

RCW 34.05.328.

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Part headings not law-':'Severability--1995 c 403:

43.05.903 and 43.05.904.

See RCW

RCW (11/12/98 9:38) [ 9 ]
Severability--1983 c 172: See note following RCW 70.105.097.

Purpose--Short

Captions--1987 c 109:

title--Construction--Rules--Severability--

See notes following RCW 43.21B.001.

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RCW 70.105.085 Violations--Criminal penalties. Any person

who knowingly transports, treats, stores, handles, disposes of, or

exports a hazardous substance in violation of this chapter is

guilty of: (1) A class B felony if the person knows at the ,time

that the conduct constituting the violation places another person

in 'imminent danger of death or serious bodily injury; or (2) a

class C felony if the person knows that the conduct constituting

the violation places any property of another person or any natural

resources owned by the state of Washington or any of its local,

governments in imminent danger of harm. As used in this section,

"imminent danger" means that there is a substantial likelihood that

harm will be experienced within a reasonable period of time should

the danger not be eliminated. As used in this section, "knowingly"

refers to an awareness of facts, not awareness of law. Violators

shall be punished as provided under RCW 9A.20.021. [1989 c 2 § 15

(Initiative Measure No. 97, approved November 8, 1988).]

NOTES:

Short title~-Captions--Construction--Existingagreements--

Effective date--Severability--1989 c2: See RCW 70.105D.900

through 70.105D.921, respectively.

RCW 70.105.090 Violations- -Gross misdemeanor. In addit i on to 0

the penalties imposed pursuant to, RCW 70.105.080, any person who

violates any provisions of this chapter, or of the rules

implementing this chapter, and any person who knowingly aids or

abets another in conducting any violation of any provisions of this

chapter, or of the rules implementing this chapter, shall be guilty

of a' gross misdemeanor and upon conviction thereof shall be

punished by a fine of not less than one hundred dollars nor more

than ten thousand dollars, and/or by imprisonment in the county

jail for not more than one year, for each separate violation. Each

and every such violation shall be a separate and distinct offense.

In case of continuirig violation, every day's continuance shall be

a,separate and distinct offense. [1984 c 237 § 1r 1983 c 172 § 3;

1975-'76 2ndex.s. c 101 § 9.]

NOTES:

Severability--1983 c 172: See note following RCW 70.105.097.

RCW 70.105.095, Violations--Orders--Penalty for

noncompliance--Appeal. ,(I) Whenever on the basis on any

information the department determines that a person has violated or

is about to violate any provision of this chapter, the department

may issue an order requiring compliance either immediately or

within a speci f Led period of time. The order shall be delivered by U····

registered mail or personally to the person against whom the order

is directed.' .

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(2) Any person who fails to take corrective action as

specified in a compliance order shall be liable for a civil penaTty

of not more than ten thousand dollars for each day of continued

n9ncompliance. In addItion, the department ,may suspend or revoke

any permits and/or certificates issued under the provisions of this

chapter to a person who fails to comply with an order directed

against him.

(3) Any order may be appealed pursuant to RCW 43.21B.310.

[1987 c 109 § 16; 1983 c 172 § 4.]

NOTES:

Purpose--Short

Captions--1987 c 109:

title--Construction--Rules--Severability--

See notes following RCW 43.21B.001.

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Severability--1983 c 172: See note following RCW 70.105.097.

RCW 70.105.097 Action for damages resulting from violation--

Attorneys' fees. A person injured as a result of a violation of

this ,chapter or the rules adopted thereunder may bring an action in

supeFior court for the recovery of the damages. A conviction or

imposition of a penalty under this chapter is not a prerequisite to

an action under this section.

The court may award reasonable attorneys' fees to a prevailing

injured party in an action under this section. [1983 c 172 § 1.]

NOTES:

Severability--1983 c 172: "If any provision of this act or

its application to any person or circumstance is held invalid, the

remainder of the actor the application of the provision to other

persons or circumstances is not affected." [1983 c 172 § 5.]

RCW 70.105.100 Powers and duties of department. The

department in performing its duties under this chapter m~y:

(1) Conduct studies and coordinate research programs

pertaining to extremely hazardous waste management;

(2) Render technical assistance to generators of dangerous and

extremely hazardous wastes and to state and local,agencies in the

planning and operation of hazardous waste programs;

(3) Encourage and provide technical assistance to waste

generators to form and operate a "waste exchange" for the purpose

of finding users for dangerous and extremely hazardous wastes that

would otherwise be disposed of: PROVIDED, That such technical

assistance shall not violate the confidentiality of manufacturing

processes; and

(4) Provide for appropriate surveillance and monitoring of

extremely hazardous waste disposal practices in the state. [1975-

'76 2nd ex.s. c 101 § 10.]

RCW 70.105.105 Duty of department to regulate PCB waste. The

department of ecology shall regulate under chapter 70.105 RCW,

wastes generated from' the salvaging, rebuilding, or discarding of

transformers or capacitors that have been sold or otherwise

transferred for salvage or disposal after the completion or

RCW (11/12/98 . 9: 38) [ 11 ]
termination of their useful lives and which contain polychlorinated

biphenyls (PCB's) and whose disposal is not regulated under 40 CFR

part 761. Nothing in this section shall prohibit such wastes from

being incinerated or disposed of at facilities permitted to manage c.

PCB wastes under 40 CFR part 761. [1985 c 65 § 1.]

RCW 70.105.109 Regulation of wastes with radioactive and

hazardous components. The department of ecology may regulate all

hazardous wastes, including those composed of both radioactive and

hazardous components, to the extent it is not preempted by federal

law. [1987 c 488 § 2.]

RCW 70.105.110 Regulation of dangerous wastes associated with

energy facilities. (1) Nothing in this chapter shall alter, amend,

or supersede the provisions of chapter 80.50 RCW, except that,

notwithstanding any provision of chapter 80.50 RCW, regulation of

dangerous wastes associated with energy facilities from generation

to disposal shall be solely by the department pursuant to chapter

70.105 RCW. In the implementation of said section, the department

shall consult and cooperate with the energy facility site

evaluation council and, in order to reduce duplication of effort

and to provide necessary coordination of monitoring and on-site

inspection programs at energy facility sites, anyon-site

inspection by the department that may be required for the purposes

of this chapter shall be performed pursuant to an interagency

coordination agreement with the council.

(2) To facilitate the implementation of this chapter, the

energy facility site evaluation council may require certificate C""\j. holders to remove from their energy facility sites any dangerous

wastes, controlled by this chapter, within ninety days of their

generation. [1987 c 488 § 3; 1984 c 237 § 3; 1975·;76 2nd ex.s. c

101 § 11.]

RCW 70.105.111 Radioactive wastes- -Authority of department of

social and health services. Nothing in this chapter diminishes the

authority of the department of social and health services to

regulate the radioactive portion of mixed wastes pursuant to

chapter 70.98 RCW.' [1987 c 488 § 5.]

, RCW 70.105.112 Application of chapter to special incinerator

aah, This chapter does not apply to special .. incinerator ash

:r:egulated under chapter 70.138 RCW except that, for purposes of RCW

4:22.070(3) (a), special incinerator ash shalL be considered

hazardous waste. [1987 c 528 § 9.]

NOTES:

Severabi1ity-~1987 c 528: See RCW 70.138.902. '

RCW 70.105.116 Hazardous

Procedural requirements not

requirements of this chapter

,conducting,a remedial action at

substance remedial actions--

applicable. The procedural

shall not apply to any person

a facility pursuant to a consent

RCW (11/12/98 9:38) [ 12 ]
•

•

•

decree, order, or agreed order issued pursuant to chapter 70.105D

RCW, or to the department of ecology when it conducts a remedial

action under chapter 70.105D RCW. The department of ecology shall

ensure compliance with the substantive requirements of this chapter

through the consent decree, order, or agreed order issued pursuant

to chapter 70 .105D RCW, or during the department-conducted remedial

action, through the procedures developed by the department pursuant

to RCW 70.105D.090. [1994 c 257 § 17.J

NOTES:

Severability--1994 c 257: See note following RCW 36.70A.270.

RCW 70.105.120 Authority of attorney general. At the request

of the department, the attorney general is authorized to bring such

injunctive, declaratory, or other actions to enforce any

requirement of this chapter. [1980 c 144 § 2.J

RCW 70.105.130 Department's powers as designated agency under

federal act. (1) The department is designated as the state agency

for implementing the federal resource conservation and recovery act

(42 U.S.C. Sec. 6901 et seq.).

(2) The power granted to the department by this section is the

authority to:

(a) Establish a permit system for owners or operators of

facilities which treat, store, or dispose of dangerous wastes:

PROVIDED, That spent containers of pesticides or herbicides which

have been used in normal farm operations and which are not

extremely hazardous wastes, shall not be subject to the permit

system;

(b) Establish standards for the safe transport, treatment,

storage, and disposal of dangerous wastes as may be necessary to

protect human health and the environment;

(c) Establish, to implement this section:

(i) A manifest 'system to track datigerous wastesf

(ii) Reporting, monitoring, recordkeeping, labeling, sampling

requirements; and

(iii) Owner, operator, and transporter responsibility;

(d) Enter at reasonable times establishments regulated under

this section for the purposes of inspection, monitoring, and

sampling; and

(e) Adopt rules necessary to implement this section. [1980 c

144 § 1.J

RCW .70.105.135 Copies of notification forms or annual reports

. to officials responsible for fire protection. Any person who

generates, treats, stores, disposes~ or otherwise handles dangerous

or extremely hazardous wastes shall provide copies of any

notification forms, or annual reports that are required pursuant to

RCW 70.105.130 to the fire departments or fire districts that

service the areas in which the wastes are handled upon the request

of the fire departments or fire districts. In areas that are not

serviced by a fire department or fire df.atr-Lct.; the ·forms or

reports shall be provided to the sheriff or other county official

designated pursuant to RCW 48.48.060 upon the request of the

RCW (11/12/98 9:38) [ 13 ]
sheriff or other county official. This section shall not apply to

the transportation of hazardous wastes. [1986 c 82 § 1.)

RCW 70.105.140 Rules implemented under RCW 70.105.130--

Review. Rules implementing RCW 70.105.130 shall be submitted to

the house and senate committees on ecology for review prior to

being adopted in accordance with chapter 34.05 RCW. [1980 c 144 §

3. )

RCW 70.105.145 Department's authority to participate in and

administer federal act. Notwithstanding any other provision of

chapter 70.105 RCW, the department of ecology is empowered to

participate fully in and is empowered to administer all aspects of

the programs of the federal Resource Conservation and Recovery Act i

as it exists on June 7, 1984, (42 U.S.C. Sec. 6901 et seq.),

contemplated for participation and administration by a state under

that act. [1984 c 237 § 2; 1983·c 270 § 2.)

NOTES:

Severability--1983 c 270: See note following RCW 90.48.260.

the use of

them less

a disposal facility, or part of· a

placed in or on land and which is not

RCW 70.105.150 Declaration-~Managementof hazardous waste--

Priorities--Definitions. The legislature hereby declares that:

(1) The health and welfare of the people of the state depend

on clean and pure environmental resources unaffected by hazardous

waste contamination. Management and regulation of hazardous waste

disposal should encourage practices which result in the least

amount of waste being produced. Towards that end, the legislature

finds that the following priorities in the management of hazardous

waste are necessary and should be followed in order of descending

priority as applicable: .

(a) Waste reduction;

(b) Waste recycling;

(c) Physical, chemical, and biological treatment;

(d) Incineration;

(e) Solidification/stabilization treatment;

(f) Landfill.

(2) As used in this section:

(a) IIWaste reduction ll means reducing waste so that hazardous

byproducts are not produced;

(b). IIWaste recycling" means' reusing waste materials and

extracting valuable materials from a waste stream;

(c) "Physical, chemical, and biological treatment II means

.processing the waste to render it completely innocuous, produce a

recyclable byproduct, reduce toxicity,· or substantially reduce the

volume of material requiring disposal; .. , . (d) "Incinerationll means reducing the volume or toxicity of

wastes by use of an enclosed device using controlled flame

combustion;

(e) "Solidification/stabilization treatment ll means

encapsulation techniques to solidify waate s : and make

permeable or leachable; and

(f) "Landfill" means

facility; at.which waste is

(J

o

RCW (11/12/98 9:38) [ 14 ]
•

•

a land treatment facility, surface impoundm~nt, or injection well.

[1983 1st ex.s. c 70 § 1.]

RCW 70.105.160 Waste management study--Public hearings--

Adoption or modification of rules. The department shall conduct a

study to determine the best management practices for categories of

waste for the priority waste management methods established in RCW

70.105.150, with due consideration in the course of the study to

sound environmental management and available technology. As an

element of the study, the department shall review methods that will

help achieve the priority of RCW 70.105.150 (I) (a), waste reduction.

Before issuing any proposed rules, the department shall conduct

public hearings regarding the best management practices for the

various waste categories studied by the department. After

conducting the study, the department shall prepare new rules or

modify existing rules as appropriate to promote implementation of

the . priorities established in RCW 70.105.150 for management

practices which assure use of sound environmental management

techniques and available technology. The preliminary study shall

be ,completed by July I, 1986, and the rules shall be adopted by

July I, 1987. The solid waste advisory committee shall review the

studies and the new or modified rules.

The studies shall be updateq at least once every five years.

The funding for these studies shall be from the hazardous waste

control and elimination account, subj ect to legislative

appropriation. [1998 c 245 § 110; 1984 c 254 § 2; 1983 1st ex.s.

c 70 § 2.] .

NOTES:

Severability--1984 c 254: "If any provision 6f this act or

its application to any person or circumstance is held invalid, the

remainder of the act or the application of the provision to other

persons or circumstances is not affected." [1984 c 254 § 3.]

RCW 70.105.165 Disposal of dangerous wastes at conunercial

off-site land disposalfacilities--Limitations. (I) Independent of

the processing or issuance of any or all federal, state, and local

permits for disposal of dangerous wastes, no disposal of dangerous

wastes ata commercial off-site land disposal facility may be

undertaken prior to July I, 1986, unless:

(a) The disposal results from actions taken under *RCW

70.105A.060 (2) and (3), or results from other emergency

situations; or

(b) Studies undertaken by the department under RCW 70.105.160

to determine the best management practices for various waste

categories under the priority waste management methods established

in RCW 70.105.150 are completed for the particular wastes or'waste

categories to be disposed of and any regulatory revisions deemed

necessary by the department are proposed and do not prohibit land

disposal of such wastes; or. .

(c) Final regulations have been adopted by the department that

allow for such disposal.

. (2) Construction of facilities used solely for the purpose of

disposal of wastes that have not met the requirements of subsection

RCW (11/12/98 9:38) [ 15 ]
(1) of this section shall not be undertaken by any developer of a

dangerous waste disposal facility.

(3) The department shall prioritize the studies of waste

categories undertaken under RCW 70.105.160 to provide initial

consideration of those categories most likely to be suitable for C'

land disposal .. Any regulatory changes deemed necessary by the

department shall be proposed and subjected to the rule-making

process by category as the study of each waste category is

completed. All of the study shall be completed, and implementing

regulations proposed, by July 1, 1986.

(4) Any final permit issued by the department before the

adoption of rules promulgated as a result of the study conducted

under RCW 70.105.160 shall be modified as necessary to be

consistent with such rules. [1984 c 254 § 1.]

NOTES:

*Reviser's note: RCW 70.105A.060 was repealed by 1990 c 114

§ 21.

Severability--1984 c 254: See note following RCW 70.105.160 ..

RCW 70.105.170 Waste management--Consultative services--

Technical assistance--Confidentiality. Consistent with the

purposes of RCW 70.105.150 and 70.105.160, the department is

authorized to promote the priority waste management methods listed

in RCW 70.105.150 by establishing or assisting in the establishment

of: (1) Consultative services which, in conjunction with any

business or industry requesting such service, study and ·recommend C~l

alternative waste management practices; and (2) technical

assistance, such as. a toll-free telephone service, to persons

interested in waste management alternatives. Any person receiving

such service or assistance may, in accordance with state law,

request confidential treatment of information about their

manufacturing or business practices. [1983 1st ex.s. c 70 § 3.j

RCW 70.105.180 Disposition of fines and penalties--Earnings.

All fines and penalties collected under. this chapter shall be

deposited in the hazardous waste control and elimination account,

which is hereby created Ln the .state treasury. Moneys in the

account collected from fines and penalties shall' be expended

exclusively by the department of ecology for. the purposes of *this

act, subject to legislative appropriation. Other sources of funds

deposited in this account may also be used for the purposes· of

*this.act. All earnings of Lnves t ment.s of balances in· the

hazardous waste control and elimination account shall be credited

to the general fund. [1985 c 57 § 70; 1983 1st ex.s. c 70:14.J

NOTES:

*Reviser's note: "This act" [1983 1stex.s. c 70r consists of

RCW 70.105.150, 70.105.160, 70.105.170, and 70.105.180.

Effective date--1985 c ·57: See note following RCW 18.04.105.

RCW (11/12/98 9:38) [ 16]
•

•

•

RCW 70.105.200 Hazardous waste management plan. (1) The

department shall develop, and shall update at least once every five

years, a state hazardous waste management plan. The plan shall

include, but shall not be limited to, the following elements:

(a) A state inventory and assessment of the capacity of

existing facilities to treat, store, dispose, or otherwise manage

hazardous waste;

(b) A forecast of future hazardous waste generation;

(c) A description of the plan or program required by RCW

70.105.1~0 to promote the waste management priorities established

in RCW 70.105.150;

(d) Siting criteria as appropriate for hazardous waste

management facilities, including such criteria as may be

appropriate for the designation of eligible zones for designated

zone facilities. However, these criteria shall not prevent the

continued operation, at or below the present level of waste

management activity, of existing facilities on the basis of their

location in areas other than those designated as eligible zones

pursuant to RCW 70.105.225;

(e) Siting policies as deemed appropriate by.the department;

and

(f) A plan or program to provide appropriate public

information and education relating to hazardous waste management.

The department shall ensure to the maximum degree practical that

these plans or programs are coordinated with public education

programs carried out by local government under RCW 70.105.220. . (2) The department shall seek, encourage, and assist

participation in the development, revision, and implementation of

the state hazardous waste management plan by interested citizens,

local government, business and industry, environmental groups,and

other entities as appropriate ..

(3) Siting criteria shall be completed by December 31, 1986.

Other plan components listed in subsection (1) of this section

shall be completed by June 30, 1987.

(4) The department shall incorporate into the state hazardous

waste management plan those elements of the local hazardous waste

management plans that it deems necessary to assure effective and

coordinated programs throughout the state. [1985 c 448 § 4.]

NOTES:

Severabi1ity--1985 c 448: See note following RCW 70.105.005.

RCW 70.105.210 Hazardous. waste managementfacilities--

Department to develop criteria for siting. By May 31,· 1990, the

department shall develop and adopt criteria for the siting of·

. hazardous waste management facilities. These criteria· will be part.

of the state hazardous waste management plan as described in RCW

70,105.200. To the extent practical, these criteria shall be

designed to minimize the sqort"-term and long-term risks and costs

that may result from hazardous waste management facilities. These

criteria may vary by type of facilities and may consider natural

site characteristics and- engineered protection. Criteria may be

established for:

(1) Geology;

(2) Surface and groundwater hydrology;

(3) Soils;

RCW (11/12/98 9:38) [ 17 ]
(4) Flooding;

(5) Climatic factors; . (6) U~ique or endangered flora ·and fauna;

(7) Transportation routes; C·~,

(8) Site access;

(9) Buffer zones;

(10) Availability of utilities and public services;

(11) Compatibility with existing uses of land;

(12) Shorelines and wetlands;

(13) Sole-source aquifers;

(14) Natural hazards; and

(15) Other factors as determined by the department .. [1989 1st

ex.s. c 13 § 2; 1985 c 448 § 5.]

NOTES:

Severability--1985 c 448: See note following RCW 70.105.005.

RCW 70.105.215 Department to adopt rules for permits for

hazardous substances treatment facilities. The legislature

recognizes the need for new, modified, or expanded facilities to

treat, incinerate, or otherwise process or dispose of hazardous

substances safely. In order to encourage the development of such

facilities, the department spall adopt rules as necessary regarding

the permitting of such facilities to ensure the most expeditious

permit processing possible consistent with the substantive

requirements of applicable law. If owners and operators are not

the same entity, the operator shall be the permit applicant and

responsible for the development of the permit application and all C'-~

accompanying materials, . as long as the owner also signs the /

application and certifies its ownership of the real property

described in the application, and acknowledges its awareness of the

contents of the application and receipt of a copy thereof. [1986

c 210 § 3.]

RCW 70.105.217 Local government regulatory authority to

prohibit or condition. Nothing in this chapter shall alter or

affect the regulatory authority of a county, city, or

jurisdictional health district to condition or prohibit the ~ccept~nce of hazardous waste in a county or city landfill~ [1994

c 254 § 7.]

RCW 70.105.220 Local governments to prepare local hazardous

waste plans--Basis--Elements required. (1) Each local government,

or combination of contiguous local governments, is directed to

prepare a local hazardous waste plan which shall be based on state

guidelines and include the following elements:

(a) A plan or program to manage moderate-risk wastes that are

generated or otherwise present within. the jurisdiction. This

element shall include an assessment of the quantLti es;' types,

generators, and fate of moderate-risk wastes in the jurisdiction.

The purpose of this element :is to develop a system of managing

moderate-risk waste, appropriate to each local area, to ensure C'-) protection of the environment and public health;

. RCW(11/12/98 9 :38) [ 18 ]
•

•

•

(b) A plan or program to provide for ongoing public

involvement and public education in regard to the management of

moderate-risk waste. This element shall provide information

regarding:

(i) The potential hazards to human health and the environment

resulting from improper use and disposal of the waste; and

(ii) Proper methods of handling, reducing, recycling, and

disposing of ' the waste;

(c) An inventory of all existing generators of hazardous waste

and facilities managing hazardous waste within the jurisdiction.

This inventory shall be based on data provided by the department;

(d) A description of the public involvement process used in

developing the plan;

(e) A description of the eligible zones designated in

accordance with RCW 70.105.225. However, the requirement to

designate eligible zones shall not be considered part of the local

hazardous waste planning requirements; and

(f) Other elements as deemed appropriate by local government.

(2) To the maximum extent practicable, the local hazardous

waste plan shall be coordinated with other hazardous materialsrelated plans and policies in the jurisdiction.

(3) Local governments shall coordinate with those persons

involved in providing privately owned hazardous and moderate-risk

waste facilities and services as follows: If a local government

determines that a moderate-risk waste will be' or is adequately

managed by one or more privately owned facilities or services at a

reasonable price, the local government shall take actions to

encourage the use of that private facility or service. Actions

taken by a local government under this subsection may include, but

are not limited to, restricting or prohibiting the land disposal of

a moderate-risk waste at any transfer station or land disposal

facility within its jurisdiction.

(4) (a) The department shall prepare guidelines for the

development of local hazardous waste plans. The guidelines shall

be prepared in consultation with local governments and shall be

completed by December 31, 1986. The guidelines shall include a

list of substances identified as hazardous household substances.

(b) In preparing the guidelines under (a) of this subsection,

the department shall review and assess information on pilot

projects that have been conducted for moderate-risk waste

management. The department shall encourage additional pilot

projects as needed to provide information to improve and update the

guidelines.

(5) The department shall consult with

'.

retailers, trade

associations, public interest groups, and appropriate units of

local government to encourage the development of voluntary public

education programs on the proper handling of hazardous household

substances.

(6) Local hazardous waste plans shall be completed and

submitted to the department no later than June 30, 1990. Local

governments may from time to' time amend the local plan.

(7) Each local government, or combination of contiguous local

governments, shall submit its local hazardous waste plan or

amendments thereto to the department. The department shall approve

or disapprove local hazardous waste plans or amendments by December

31, 1990, or within ninety days of 'submission, whichever is l~ter. The department shall approve a local hazardous waste plan if it

determines that the plan is consistent with this chapter and the

RCW (11/12/98 9:38) [ 19 ]
guidelines under subsection (4) of this section. If approval is

denied, the department shall submit its objections to the local

government within ninety days of submission. However, for plans

submitted between January I, 1990, and June 30, 1990, the

department shall have one hundred eighty days to submit its

objections. No local government is eligible for grants under RCW

70.105.235 for implementing a local hazardous waste plan unless the

plan for that jurisdiction has been approved by the department.

(8) Each local government, or combination of contiguous local

governments, shall implement the local hazardous waste plan for its

jurisdiction by December 31, 1991 .

. (9) The department may waive the specific requirements of this

section for any local government if such local government

demonstrates to the satisfaction of the department that the

objectives of the planning requirements have been met. [1992 c 17

§ 1; 1986 c 210 § 1; 1985 c 448 §6.]

NOTES:

Severabi1ity--1985 c 448: See note following RCW 70.105.005.

Used oil recycling element: RCW 70.951.020.

RCW 70.105.221 Local governments to prepare local hazardous

waste p1ans--Used oil recycling element. Local governments and

combinations of local governments shall amend their local hazardous . waste plans required under RCW 70.105.220 to comply with RCW

70.951.020. [1991 c 319 § 312.]

NOTES:

..

c

Severabi1ity--Part headings· not 1aw- -1991 c 319:

70.95F.900 and 70.95F.901.

See RCW

RCW 70.105.225 Local governments to designate zones--

Departmental guide1ines--Approva1 of local government zone

designations or amendments--Exemption. (I) Each local government,

or combination of contiguous local governments, is directed to:

(a) Demonstrate to the satisfaction of the department that existing

zoning allows designated zone facilities as permitted uses; or (b)

designate land use zones within its jurisdiction in which

designated zone facilities are permitted uses. The zone

designations shall be consistent with the state siting criteria

adopted in accordance with RCW 70.105.210, except as may be

approved by the department in accordance with subsection (6) of

this section. .

(2) Local governments shall not prohibit the processing or

handling of hazardous waste in zones in which the processing or

handling of hazardous substances .is not prohibited. This

subsection does not apply in residential zones.

(3) The department shall prepare guidelines, as appropriate,

for the designation 'of zones under this section. The guidelines

shall be prepared in consultation with local governments and shall

be completed by December 31,1986. .

(4) The initial designation of zones shall be completed or

revised, and submitted to the department within eighteen months

/\ U

RCW (11/12/98 9:38) [ 20 J
•

•

after the enactment of siting criteria in accordance with RCW

70.105.210. Local governments that do not comply with this

submittal deadline shall be subject to the preemptive provisions of

RCW 70.105.240(4) until such time as zone designations are

completed and approved by the department. Local governments may

from time to time amend their designated zones.

(5) Local governments without land use zoning provisions shall

designate eligible geographic areas within their jurisdiction,

based on siting criteria adopted in accordance with RCW 70.105.210.

The area designation shall be subject to the same requirements as

if they were zone designations.

(6) Each local government, or combination of contiguous local

governments, shall submit its designation of zones or amendments

thereto to the department. The department shall approve or

disapprove zone designations or amendments within ninety days of

submission. The department shall approve eligible zone

designations if it determines that the proposed zone designations

are consistent with this chapter, the applicable siting criteria,

and guidelines for developing designated zones: PROVIDED, That the

department shall consider local zoning in place as of January 1,

1985, or other special situations or conditions which may exist in

the jurisdiction. If approval is denied, the department shall

state within ninety days from the date of submission the facts upon

which that decision is based and shall submit the statement to the

local government together with any other comments or

. recommendations it deems appropriate. The local government shall

have ninety days after it receives the statement from the

department to make modifications designed to eliminate the

inconsistencies and resubmit the designation to the department for

approval. Any designations shall take effect when approved by the

department. .

(7) The department may exempt a local government from the

requirements of this section if:

(a) Regulated quantities of hazardous waste have not been

generated within the jurisdiction during the two calendar years

immediately preceding the calendar year during which the exemption

is requested; and .

(b) The local government can demonstrate to the satisfaction

of the department that no significant portion of land within the

jurisdiction can meet the siting criteria adopted in accordance

with RCW 70.105.210. [1989 1st ex.s. c 13 § 1; 1985 c 448 § 7.]

NOTES:

Severability--1985 c 448: See note following RCW 70.105.005.

RCW 70.105.230 Local governments to submit letter of intent

to identify or designate zones and submit management plans--

Department to prepare plan in event of failure to act. (I) Each

local government is directed to submit to the director of the

department by October 31, 1987, a letter of intent stating that it

intends to (a) identify, or designate if necessary, eligible zones

for designated zone facilities no later than June 30, 1988, and (b)

submit a complete local hazardous waste management plan to the

department no later than June 30, 1990. .The letters shall also

indicate whether these requirements will be completed in

conjunction with other local governments.

RCW (11/12/98 9:38) [.21 1
· ,

(2) If any local government fails to submit a letter as

provided in subsection (1) (b) of this section, or fails to adopt a

local. hazardous waste plan for its jurisdiction in accordance with

the time schedule provided in this chapter, or fails to secure

approval from the department for its local hazardous waste plan in

accordance with the time schedule provided in this chapter, the

department shall prepare ,a hazardous waste plan. for the local

jurisdiction. [1985 c 448 § 8.)

NOTES:

Severability--1985 c 448: See note following RCW 70.105.005.

RCW 70.105.235 Grants to local governments for plan

preparation, implementation, and designation of zones--Matching

funds--Qualifications. (1) Subject to legislative appropriations;

the department may make and administer grants to local governments

for (a) preparing and updating local hazardous waste plans, (b)

implementing approved local hazardous waste plans, and (c)

designating eligible zones for designated zone facilities as

required under this chapter.

(2) Local governments shall match the funds provided by the

department for planning or designating zones with an amount not

less than twenty-five percent of the estimated cost of the work to

be performed. Local governments may meet their share of costs with

cash or contributed services. Local governments, or combination of

contiguous local governments, conducting pilot proj ects pursuant to.

RCW 70.105.220(4) may subtract the cost of those pilot projects

conducted for hazardous household substances from their share of

the cost. If a pilot project has been conducted for all moderaterisk wastes, only the portion of the cost that applies to hazardous

household substances shall be subtracted. The matching funds

requirement under this subsection shall··be waived for local

governments, or combination of contiguous local governments, that

complete and submit their local hazardous waste plans under RCW

70.105.220(6) prior to June 30, 1988.

(3) Recipients of grants shall meet such qualifications and

follow such procedures in applying for and using grants as may be

established by the department. [1986 c 210 § 2; 1985 c 448 § 9.)

NOT13S:

Severability--1985 c 448: See note following RCW 70.105.005.

o

RCW 70.105.240 State preemption- -Department sole authority--

Local requirements superseded--State authority over designated zone

facilities. (1) As of July 28, 1985,·the state.preempts the field

of state, regional, or local. permitting and regulating of all

preempted facilities as defined in this chapter..The department of

ecology is designated the .sole decision-making authority with

respect to permitting and regulating. such facilities and no other

state agency, department, division, bureau, commission, or board,

or any local or regional political subdivision of the state, shall ('~..''''\

have any permitting or regulatory authority with respect to such

facilities including, but not limited to, the location,

construction, and operation of such facilities. Permits issued by

RCW (11/12/98 9:38) [ 22·]
•

•

•

the department shall be in lieu of any and all p~rmits, approvals, .certifications, or conditions of any other state, regional, or

local governmental authority which would otherwise apply.

. (2) The department shall ensure that any permits issued under

this chapter invoking the preemption authority of this section meet

the substantive requirements of existing state laws and regulations

to the extent such laws and regulations are not inconsistent or in

conflict with any of the provisions of this chapter. In the event

that any of the provisions of this chapter, or any of the

regulations promulgated hereunder, are in conflict with any other

state law or regulations, such other law or regulations shall be

deemed superseded for purposes of this chapter.

(3) As of July 28, 1985, any ordinances, regulations,

requirements, or restrictions of regional or local governmental

authorities regarding the location, construction, or operation of

preempted facilities shall be deemed superseded. However, in

issuing permits under this section, the department shall consider

local fire and building codes and condition such permits as

appropriate in compliance therewith.

(4) Effective July 1, 1988, the department shall have the same

preemptive authority as defined in subsections (1) through (3) of

this section in regard to any designated zone facility that may be

proposed in any jurisdiction where the designation of eligible

zones pursuant· to RCW 70.105.225 has not been completed and

approved by the department. Unless otherwise preempted by this

subsection, designated zone facilities shall be subject to all

applicable state and local laws, regulations, plans, and other

requirements. [1985 c 448 § 10.]

NOTES:

Severability--1985 c 448: See note following RCW 70.105.005.

RCW 70.105.245 Department may require notice of intent for

management facility permit. The department may adopt rules to

require any person who intends to file an application for a permit

for a hazardous waste management facility· to file a notice o f :

intent with the department prior to submitting the application .

. [1985 c 448 § 11.]

NOTES:

Severability--1985 c 448: See note following RCW 70.105.005.

RCW 70.105.250 Appeals to pollution control hearings board.

Any disputes between the department and the governing bodies of

,local governments in regard to the local planning requirements

under RCW 70.105.220 and the designation of zones. under RCW

70.105.225 may be appealed by the department or the governing body

of the local government to the pollution control hearings board

established under chapter 43.21B RCW. [1985 c 448 § 12·.]

NOTES:

Severability--1985 c ·448: See note following RCW 70.105.005.'·

RCW (11/12/98 9:38) 23 ]
RCW 70.105.255 Department to provide technical assistance

with local plans. The department shall provide technical

assistance to local governments in the preparation, review,

revision, and implementation of local hazardous waste.plans. [1985

c 448 § 13.J CJ

NOTES:

Severability--1985 c 448: See note following RCW 70.105.005.

to support such confLict ' resolution

rules as appropriate to govern the

RCW 70.105.260 Department to assist conflict resolution

activities related to siting facilities--Agreements may constitute

conditions for permit. (1) In order to promote identification,

discussion, negotiation, and resolution of issues related to siting

of· hazardous waste management facilities, the department:

(a) Shall compile and maintain information on the use and

availability of conflict ,resolution techniques and make this

information available to industriesj state and local government

officials, and other citizens;

(b) Shall encourage and assist in facilitating conflict

resolution activities, as appropriate, between facility proponents,

host communities, and other interested persons;

(c) May adopt rules specifying procedures for facility

proponents, host communities, and citizens to follow in providing

opportunities for conflict resolution activities, including the use

of dispute resolution centers established pursuant to chapter 7.75

RCW; and

(d) May expend funds

activities, and may adopt

support.

(2) Any agreements reached under the processes described in

subsection (1) of this section and deemed valid by the department

may be written as conditions binding on a permit issued under this

chapter. [1985 c 448 § 14.J

NOTES:

Severability--1985 c 448: See note following RCW 70.105.005.

RCW 70.105.270 Requirements of RCW 70.105.200 through

70.105.230 and 70.105.240(4) not mandatory without legislative

appropriation. The requirements of RCW 70.105.200 through

70.105.230 and 70.105.240 (4) shall not become mandatory until

funding is appropriated by the legislature. [1985 c 448 § 15.J

NOTES: .

Severability--l985 c 448: See note following RCW 70.105.005~

o

RCW 70.105.280 Service charges. (1) The department may

assess reasonable service charges against those facilities that·

store, treat, incinerate, or dispose of dangerous or extremely U·_~,.

hazardous waste that contains both a nonradioactive hazardous \

component and a radioactive component or which are undergoing

closure under this chapter in those instances where closure entails

.RCW (11/12/98 9:38) [ 24 ]
•

•

the physical characterization of remaining wastes which contain

both a nonradioactive hazardous component and a radioactive

component or the management of such wastes through treatment or

removal, except any commercial low-level radioactive waste

facility. Service charges may not exceed the costs to the

department in carrying out the duties of this section.

(2) Program elements or activities for which service charges

may be assessed include:

(a) Office, staff, and staff support for the. purposes of

facility or unit permit development, review, and issuance; and

(b) Actions taken to determine and ensure compliance with the

state's hazardous waste management act.

(3) Moneys collected through the imposition of such service

charges shall be deposited in the state toxics control account.

(4) The department shall adopt rules necessary to implement

this section. Facilities that store, treat, incinerate, or dispose

of dangerous or extremely hazardous waste that contains both a

nonradioactive hazardous component and a radioactive component

shall not be subject to service charges prior to such rule making.

Facilities undergoing closure under this chapter in those instances

where closure entails the physical characterization of remaining

wastes which contain both a nonradioactive hazardous component and

a radioactive component or the management of such wastes through

treatment or removal shall not be subject to service charges prior

to such rule making. [1989 c 376 § 2.J· .

NOTES:

Severability--1989 c 376: See note following RCW 70.105.010 .

RCW 70.105.300 Metals mining and milling operations permits--

Inspections by department of ecology. If a metals mining and

milling operation is issued a permit pursuant to this chapter, then

it will be subject to special inspection requirements. The

department of ecology shall inspect these mining operations at

least quarterly in order to ensure. that the operation is in

compliance with the conditions of any permit issued to it pursuant

to this chapter. The department shall conduct additional

inspections during the construction phase of the mining operation

in order to ensure compliance' with this chapter. [1994 c 232 §

19. ]

NOTES:

Severability--1994 c 232: See RCW 78.56.900.

Effective date--1994 c 232 §§ 6-8 and 18-22:

78.56.902 .

See RCW

•

. RCW 70.105.900 Short title--1985c 448. This chapter shall

be known and may be cited as the hazardous waste management act.

[1985 c 448 § 16.]

NOTES:

Severability--1985 c 448: See note following RCW 70.105.005.

RCW (11/12/98 9:38) [ 25 ]