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VOLUME6 Titles 60through74

2000 REVISEDCODEOFWASHINGTON

Published under the authority ofchapter1.08 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-;Ji]1M! 

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# • REVISEDCODE OFWASHINGTON
2000Edition

e2000 State of Washington

CERTIFICATE

The 2000 edition of theRevisedCode ofWashington,published officially by theStatuteLawCommittee,is, in accordancewith RCW 1.08.037,certifiedtocomplywith the currentspecificationsof thecommittee. 

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JOHNG.SCHULTZ,Chair, STATUTELAWCOMMITTEE 

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[preface-pii] (2000 Ed.)

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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 certificationprograms--Fees--RuLes-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 andhazardous waste emergencyresponse 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 inpart 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 toprotectpublic healthandthe 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 healthandthe environment andtomeet 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 ofadequate opportunities for citizens to·meet with facility operators and resolve concerns about local hazardous waste management facilities. (8) Dueto the controversial andregional nature offacilities 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 topreempt local government's authority to approve, deny, or otherwise regulate disposal andincinerationfacilities, andtovest inthe 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 completepreemptive authority also be vested in the department for treatment and storage facilities, in additi.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, permitrequirement, otherrequirement, ordecisionshall prohibit on the basis of land use considerations the construction ofa hazardous wastemanagement facilitywithinany zonedesignated 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 primaryrole inprovidinghazardous wastemanagement 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,turefinds that, becauselocal conditionsvarysubstantially 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 anyperson 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 energyresources ofthe state. To this end it is the purpose of this chapter: (1) To providebroadpowers ofregulationto thedepartmentof ecology relating to management ofhazardous wastes andreleases of hazardous substances; (2) To promote waste reduction and to encourage other improvements in waste management practices; (3) Topromotecooperationbetweenstate andlocalgovernments byassigning responsibilities·forplanning for hazardous wastes to the stateandplanning formoderate-riskwaste to local government; (4) To provide for prevention·ofproblems related to improper management of.hazardous substances**b~fore** suchproblems occur; and 

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RCW (11/12/98 9:38)

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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: 

### Seenote following RCW 70.105.005

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### 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) "Preemptedfacility" 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 regulationunderthis chapter solelybecausethewaste 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,
ordispose ofdangerous 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 anyperson 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 RCW70.105.005.

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 directorof 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 Environmentalexcellenceprogramagreements-- Effectonchapter. Notwithstanding anyotherprovisionoflaw, any legal requirement under this chapter, including any standard, limitation, rule, ororderis supersededandreplacedinaccordance with the terms and provisions of an environmental excellence programagreement, entered into under chapter 43.21KRCW. [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 depositorofhazardouswaste--Rules and regulations. (1) Afterthe 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 extremelyhazardous wastes fordisposal, the amountofsuchwastes, the general chemical andmineral 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

safetymeasures to be taken in case of accidental contact with the particular extremely hazardous waste being disposed. (2) The department shaLl, 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 underfederal laware conditionallyexempt fromthe requirements of this**chapter~** if: (i) Thewaste is generatedpursuant toa consentdecree issued under chapter 70.105D RCW; (2) The consent decree characterizes the solid waste and specifiesmanagementpractices 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 issuedunder chapter70.105D RCW, ifthe 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, eitherdirectly orby agreement withpublic orprivate 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 approvedfor suchpurposeunderprovisions ofthis chapter, except:

" (a) When suchwastes are going to a processing facility which will result in the waste being reclaimed, treated, detoxified, neutralized, or otherwise processed to remove its harmful properties**o~** characteristics;'or (b) When suchwastes aremanagedon-site as partofa remedial actionconductedbythe department orbypotentiallyliablepersons undera consentdecree issuedbythedepartmentpursuantto 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 ofthe nuclear regulatorycommission and (b) permittedby the department and operated in compliance with the provisions of this chapter. However, prior to disposal, or as apart of 

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RCW (11/12/98 9:38)

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• disposal, all reasonable methods of treatment, detoxification, neutralization, orotherwastemanagementmethodologiesdesignedto mitigate hazards associatedwiththesewastes shallbe 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 Reviewofrules, regulations, criteriaandfee schedules. All rules, regulations, criteria, and fee schedules adopted by the department to implement the provisions of this chapter shall,be reviewedbythe solidwaste advisorycommittee for the purpose ofrecommending revisions, additions, ormodifications thereto as provided for the review of solid waste regulations and standardspursuant to chapter 70.95 RCW. [1975-'76 2ndex.s. c 101 § 6.]

RCW 70.105.070 Criteriaforreceivingwasteatdisposal 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 personwho fails to complywithanyprovisionofthis chapterorof the rules adopted thereunder shall be subjected to a penalty in an amount ofnot more than ten thousand dollarsperday 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 violatedthe provisions ofthis sectionand shall be subject to the' penalty herein provided.

, (2) The penaltyprovided 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: Seenotefollowing, RCW 34.05.328. 

# • 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 RCW70.105.097. 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 violationplaces anyproperty of anotherperson or anynatural
resources owned by the state of Washington or any of its local, governments in imminent danger of harm. As used in this section, "imminentdanger" means that there is a substantial likelihoodthat harmwill be experiencedwithin a reasonable period of time should the dangernotbe eliminated. As usedin this section, "knowingly" refers to an awareness of facts, not awareness of law. Violators shall be punished as providedunder RCW 9A.20.021. [1989 c 2 § 15 (Initiative Measure No. 97, approved November 8, 1988).]

NOTES:

Short**title~-Captions--Construction--Existing** agreements-- Effective date--Severability--1989 c2: See RCW 70.105D.900 through 70.105D.921, respectively.

RCW 70.105.090 Violations--Grossmisdemeanor. Inadditionto 

# 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 anotherinconducting anyviolationofanyprovisions ofthis chapter, orofthe rules implementing this chapter, shallbe 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 morethan one year, for each separate violation. Each and every suchviolation 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 informationthe departmentdetermines that apersonhasviolatedor is about to violate any provision of this chapter, the department may issue an order requiring compliance either immediately or withina specifLedperiodoftime. The order shallbe deliveredby 

# U···· registeredmail orpersonally to the person against whomthe order is directed.'

.

i RCW, (11/12/98 9:38) [10 ]

# • (2) Any person who fails to take corrective action as specifiedin a compliance order shall be liable for a civilpenaTty of not more than ten thousand dollars for each day of continued n9ncompliance. In addItion, the department ,may suspend or revoke anypermits and/orcertificates issuedundertheprovisions ofthis 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 fromviolation-- Attorneys' fees. 

### Aperson injured as a result of a violation of this,chapterorthe rules adopted thereundermaybring an action in supeFior court for the recovery of the damages. A conviction or impositionofa penaltyunder this chapter is not a prerequisite to
an action under this section. Thecourtmayawardreasonable 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) Rendertechnical assistance togenerators ofdangerous 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 offinding users for dangerous and extremelyhazardous 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 extremelyhazardous waste disposal practices in the state. [1975- '76 2nd ex.s. c 101 § 10.]

RCW 70.105.105 Dutyofdepartment to regulatePCBwaste. 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 ]terminationoftheiruseful lives andwhichcontainpolychlorinated biphenyls (PCB's) andwhose disposal is not regulatedunder40 CFR part 761. Nothing in this section shall prohibit suchwastes from being incinerated ordisposed of at facilities permitted to manage 

# c.

PCB wastes under 40 CFRpart 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 ofbothradioactive and hazardous components, to the extent it is not preemptedby federal law. [1987 c 488 § 2.]

RCW 70.105.110 Regulationofdangerouswastesassociatedwith energy facilities. (1) Nothing inthis 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 associatedwithenergy facilities fromgeneration 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 inspectionby the department that maybe 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 Radioactivewastes--Authorityofdepartmentof social andhealth services. Nothing inthis chapterdiminishes 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 Applicationofchapter to special incinerator aah, This chapter does not apply to special

..incinerator ash :r:egulatedunderchapter70.138 RCWexcept that, forpurposes ofRCW 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 actionunder chapter 70.105D RCW. The department of ecology shall
ensurecompliancewiththe substantiverequirements ofthis chapter through the consent decree, order, or agreed order issuedpursuant tochapter70.105DRCW, orduring thedepartment-conductedremedial action, throughtheprocedures developedbythedepartmentpursuant 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 Authorityofattorneygeneral. Attherequest ofthe department, the attorneygeneral is authorizedtobring such injunctive, declaratory, or other actions to enforce any requirement of this chapter. [1980 c 144 § 2.J

RCW 70.105.130 Department'spowersasdesignatedagencyunder federal act. (1) The department is designatedas the state agency forimplementing the federal resource conservationandrecoveryact (42 U.S.C. Sec. 6901 et seq.). (2) Thepowergrantedto the departmentby 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) Amanifest'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 Copiesofnotificationforms orannualreports

.to officials responsible for fire protection. Any person who

generates, treats, stores,**disposes~** orotherwisehandlesdangerous
or extremely hazardous wastes shall provide copies of any notificationforms, orannual reports that arerequiredpursuant to RCW 70.105.130 to the fire departments or fire districts that service the areas inwhich 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 ]sheriffor 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 theprograms ofthe federal Resource ConservationandRecoveryActi as it exists on June 7, 1984, (42 U.S.C. Sec. 6901 et seq.), contemplated forparticipation and administrationby 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.

theuse of them less

a disposal facility, or part of· a placed in or on land and which is not RCW 70.105.150**Declaration-~Management** ofhazardous 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 unaffectedby hazardous waste contamination. Management and regulation ofhazardous waste disposal should encourage practices which result in the least amount ofwaste beingproduced. Towards that end, the legislature finds that the following priorities in the management ofhazardous 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 reductionll 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 treatmentII means .processing the waste to render it completely innocuous, produce a recyclable byproduct, reduce toxicity,· or substantiallyreduce 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/stabilizationtreatmentll 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 landtreatment facility, surface**impoundm~nt,** or injectionwell. [1983 1st ex.s. c 70 § 1.]

RCW 70.105.160 Waste management study--Public hearings-- Adoption ormodification of rules. The department shall conduct a studyto determine the best management practices for categories of waste for the prioritywaste 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 elementofthe study, the department shall reviewmethods that will helpachieve thepriorityof RCW 70.105.150(I) (a), wastereduction. 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 solidwaste 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, subject 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 anyperson 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-sitelanddisposalfacilities--Limitations. (I) Independentof the processing or issuance of any or all federal, state, and local permits for disposal ofdangerous wastes,

# nodisposal ofdangerous 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 undertakenby the department underRCW 70.105.160 to determine the best management practices for various waste categories under theprioritywaste managementmethods established inRCW 70.105.150 are completed for the particularwastes or'waste categories to be disposed of and any regulatory revisions deemed necessaryby the department are proposed and do not prohibit land disposal of such wastes; or.

. (c) Final regulations havebeenadoptedbythedepartmentthat allow for such disposal.

. (2) Constructionof facilities used solely for the purpose of disposal ofwastes thathave notmet the requirements ofsubsection

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 authorizedto promote the prioritywaste management methods listed inRCW70.105.150 byestablishingorassisting inthe 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 inwaste management alternatives. Anyperson 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 Dispositionoffines andpenalties--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 exclusivelyby the department ofecology 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 Lnvestment.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'snote: "This act" [1983 1stex.s. c 70rconsists 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 everyfive 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 andindustry, 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·

.hazardouswastemanagement facilities. These criteria·willbepart.

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) Otherfactors as determinedbythe 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, thedepartment spall adoptrules as necessaryregarding 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 describedinthe application, andacknowledges its awarenessofthe 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** ofhazardous waste in a countyor city**landfill~** [1994
c 254 § 7.]

RCW 70.105.220 Local governments to prepare local hazardous wasteplans--Basis--Elements required. (1) Each local government,
or combination of contiguous local governments, is directed to prepare a local hazardous waste planwhich shall be basedon state guidelines and include the following elements: (a) Aplan orprogram to manage moderate-riskwastes that are generated or otherwise present within. the jurisdiction. This element shall include an assessment of the quantLties;' 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 inventoryofall existinggenerators ofhazardouswaste 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 consideredpart ofthe local hazardous waste planning requirements; and (f) Otherelements 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 managedby one ormore 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 takenby a local government under this subsectionmay include, but
are not limitedto, restricting orprohibitingthe landdisposal 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) Inpreparing the guidelines under (a) ofthis 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 neededtoprovide informationto improve andupdate 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, orcombinationofcontiguous local governments, shall submit its local hazardous waste plan or amendments theretotothedepartment. Thedepartment shall approve ordisapprove local hazardouswasteplans oramendmentsbyDecember 31, 1990, orwithinninetydays 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 wasteplanunless the plan for that jurisdiction has been approved by the department. (8) Each local government, orcombinationof contiguous local governments, shall implement the localhazardous wasteplanfor its jurisdiction by December 31, 1991

.

. (9) Thedepartmentmaywaive the specific requirementsofthis section for any local government if such local government demonstrates to the satisfaction of the department that the objectives of the planning requirements have beenmet. [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.

RCW70.105.221 Local governments to prepare local hazardous waste p1ans--Used oil recycling element. Local governments and combinationsoflocalgovernments shallamendtheirlocalhazardous

.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

RCW70.105.225 Local governments to designate zones-- Departmental guide1ines--Approva1 of local government zone designations oramendments--Exemption. (I) Eachlocal government,
or combination of contiguous local governments, is directed to: (a) Demonstrate tothe satisfactionofthe departmentthatexisting zoning allows designated zone facilities as permitteduses; 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 consultationwith 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 shallbe subjectto the preemptiveprovisions 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 landuse zoningprovisions shall designate eligible geographic areas within their jurisdiction, basedonsitingcriteria adoptedinaccordancewithRCW70.105.210. 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, andguidelines fordevelopingdesignated zones: PROVIDED, That the department shall consider local zoning in place as of January 1, 1985, orother special situations or conditions whichmay exist in the jurisdiction. If approval is denied, the department shall state withinninetydays 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 approvedby 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 immediatelypreceding the calendaryear 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, ordesignate ifnecessary, eligible zones fordesignated zone facilities no laterthanJune 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) ofthis section, or fails to adopt a local.hazardous waste plan for its jurisdictionin 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 beperformed. Local governmentsmaymeet their shareofcostswith cashorcontributed services. Localgovernments, orcombinationof contiguous localgovernments, conductingpilotprojectspursuantto. 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 moderateriskwastes, onlythe portionofthe cost that applies tohazardous 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 Statepreemption--Departmentsoleauthority-- Localrequirements superseded--Stateauthorityoverdesignatedzone facilities. (1) As ofJuly 28, 1985,·the state.preempts the field of state, regional, or local. permitting and regulating of all preemptedfacilities as definedinthis chapter

..Thedepartment 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 anylocal orregional political subdivisionof the state, shall**('~** ..''''\ have any permitting or regulatory authority with respect to such facilities including, but not limited to, the location, construction, and operationof such facilities. Permits issuedby

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 anypermits issuedunder this chapterinvokingthepreemptionauthorityofthis sectionmeet the substantiverequirements ofexisting state laws andregulations 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) EffectiveJuly 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 maybe 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 anypersonwho intends to file an application for a permit for a hazardous waste management facility· to file a notice of : 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 maybe appealedby the department or the governingbody 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, andimplementationoflocal 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 mayconstitute conditions for permit. (1) In order to promote identification, discussion, negotiation, andresolutionofissues relatedto 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 resolutionactivities, as appropriate, betweenfacilityproponents, 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 conflictresolutionactivities, includingtheuse ofdispute resolution centers establishedpursuant to chapter7.75 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 maybe written as conditions binding on a permit issuedunder 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 closureunderthis chapterinthose instanceswhere closureentails

.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, ordispose 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. Facilitiesundergoingclosureunderthis chapterinthose instances where closure entails the physical characterization of remaining wastes which containboth 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 Metalsminingandmillingoperationspermits-- Inspections by department of ecology. If a metals mining and millingoperation is issueda permitpursuant 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 anypermit issued to itpursuant 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 ]