## Chapter 43.21A RCW Department of ecology

RCW Sections 

## 43.21A.005 Intent -- Public involvement and outreach.

43.21A.010 Legislative declaration of state po licy on environment and utilization of natural resources.

43.21A.020 Purpose.

43.21A.030 Definitions.

43.21A.040 Department of ecology -- Created.

43.21A.050 Department of ecology -- Director -- Appointment -- Powers and duties -- Salary -- Temporary appointment when vacancy.

43.21A.061 Powers and duties -- Reclamation.

43.21A.064 Powers and duties -- Water resources.

43.21A.067 Water resources -- "Basic data fund" created.

43.21A.068 Federal power act licensees -- Exem ption from state requirements.

43.21A.069 Powers and duties -- Flood control.

43.21A.070 Application of administrative procedure act to the review of decisions by director.

43.21A.080 Rule-making authority.

43.21A.085 Technical assistance officer and un its -- Coordinatio n of voluntary compliance with regulatory laws.

43.21A.087 Technical assistance officer and unit s -- Authority to issue orders or assess penalties.

43.21A.090 Powers, duties and functions transfe rred to department to be performed by director -- Delegation by director, limitations.

43.21A.100 Departmental administrative divisi ons -- Deputy director, duties -- Assistant directors, duties -- As exem pt from state civil service law -- Salaries.

43.21A.120 Director to employ personnel -- Applic ation of state civil service law.

43.21A.130 Studies -- Limitations.

43.21A.140 Director to consult with department, state board of health.

43.21A.150 Director to consult with other stat es, federal government and Canadian provinces -- Authority to receive and disburse grants, funds and gifts.

43.21A.155 Environmental excellence progr am agreements--Effect on chapter.

43.21A.160 Request for certification of record s as confidential -- Procedure.

## 43.21A.165 Environmental technology--Review of certification programs-- Demonstration activities.

43.21A.175 Environmental certification program s -- Fees -- Rules -- Liability.

43.21A.230 Certification of environm ental laboratories authoriz ed -- Fees -- Use of certified laboratories by persons s ubmitting data or results to department.

43.21A.235 Exemption from laborat ory certification and fee requirements.

43.21A.350 Master plan of development.

43.21A.355 Master plan of development -- Public hearings.

43.21A.405 Marine pollution -- Baseline study pr ogram -- Legislat ive finding and declaration.

43.21A.410 Marine pollution -- Baseline study progr am established -- Utilization of related programs -- Coordination -- Contracts.

43.21A.415 Marine pollution -- Baseline study program -- Scope of database produced.

43.21A.420 Marine pollution -- Baseline study pr ogram -- Priority factors.

43.21A.430 Catalytic converters in police, am bulance or emergency aid vehicles -- Department's powers restricted in respect thereto.

43.21A.440 Department authorized to participat e in and administer federal Comprehensive Environmental Res ponse, Compensation and Liability Act.

43.21A.445 Departments authorized to participate in and administer federal Safe Drinking Water Act -- Agr eements with other departments.

43.21A.450 Control of outflow and level of Lake Osoyoos -- Lake Osoyoos International Water Cont rol Structure authorized.

43.21A.470 Yakima enhancement project -- Du ties -- Request for congressional authorization for pipeline.

43.21A.510 State environmental profile.

43.21A.515 Assistance to businesses interested in locating in Washington required -- Information on environmental laws and regulations to be provided.

43.21A.520 Environmental excellence aw ards program for products.

43.21A.600 Powers and duties -- Electric power resources.

43.21A.605 Development of electric power resources -- Cooperation with governmental units.

43.21A.610 Steam electric generating plan t -- Study -- Construction.

43.21A.612 Steam electric generating plant -- Stat ement of intention -- Construction by public utility, operating agency, or the department, procedure -- Powers of director of community, tr ade, and economic development.

## 43.21A.614 Steam electric generating plant -- Powe rs of director in constructing, operating and maintaining.

43.21A.616 Steam electric generating pl ant -- Eminent domain.

43.21A.618 Steam electric generating plant -- State not financially obligated -- Separation and expenditure of funds.

43.21A.620 Steam electric generating plant -- Revenue bonds and warrants.

43.21A.622 Steam electric generating plant -- Special funds -- Payment of bonds, interest.

43.21A.624 Steam electric generating plant -- C onsiderations in issuance of bonds, limitations.

43.21A.626 Steam electric generating plant -- Resolution authorizing issuance of bonds, contents, covenants.

43.21A.628 Steam electric generating pl ant -- Sale of bonds.

43.21A.630 Steam electric generating plant -- Ex amination, registration of bonds by state auditor -- Defects, irregularities.

43.21A.632 Steam electric generating plant -- Rates or charges.

43.21A.634 Steam electric generating plan t -- Refunding revenue bonds.

43.21A.636 Steam electric generating pl ant -- Signatures on bonds.

43.21A.638 Steam electric generating plant -- Provis ions of law, resolution, a contract with bondholder -- Enforcement.

43.21A.640 Steam electric generating plant -- B onds are legal security, investment, negotiable.

43.21A.642 Steam electric generating plant -- Dir ector not authorized to acquire other facilities or engage in retail distribution.

43.21A.650 Freshwater aquatic weeds account.

43.21A.660 Freshwater aquatic weeds management program.

43.21A.662 Freshwater aquatic weeds management program -- Advisory committee.

43.21A.667 Freshwater aquatic algae control a ccount -- Freshwater aquatic algae control program -- Repor ts to the legislature (as amended by 2011 c 5)

. 43.21A.667 Aquatic algae control account -- Fr eshwater and saltwater aquatic algae control program -- Report to the legislature -- Definition (as amended by 2011 c 169)

. 43.21A.667 Freshwater aquatic algae control a ccount -- Freshwater aquatic algae control program -- Repor ts to the legislature (as amended by 2011 c 171)

. 43.21A.680 Solid waste plan advisory committee abolished.

43.21A.681 Geoduck aquaculture operations -- Guidelines -- Rules.

## 43.21A.690 Cost-reimbursement agreements.

43.21A.900 Chapter to be liber ally construed.

43.21A.910 Savings -- Permits, standards not affected -- Severability -- Effective date -- 1970 ex.s. c 62.

Notes: 

## Funding for radiation monitoring program s, department of ecology to seek: RCW 70.98.122

. Metals mining and milling operations, department of ecology responsibilities: Chapter 78.56 RCW.

Minimum flows and levels -- Department al authority exclusive -- Other recommendations considered: RCW 90.03.247

.

43.21A.005 Intent — Public involvement and outreach.

See RCW 43.20A.005

.



## 43.21A.010 Legislative declaration of state policy on environment a nd utilization of natural

resources.

The legislature recognizes and declares it to be the policy of th is state, that it is a fundamental and inalienable right of the people of the state of Washington to live in a healthful and pleas ant environment and to benefit from the proper development and use of its natural resources. The legislatur e further recognizes that as the population of our state grows, the need to provide for our increasing industrial, agr icultural, residential, social, recreational, economic and other needs will place an increasing responsibility on a ll segments of our society to plan, coordinate, restore and regulate the utilization of our natural resources in a manner that will protect and conserve our clean air, our pure and abundant waters, and the natural beauty of the state.

[1970 ex.s. c 62 § 1.]

Notes:



## Savings -- Other powers an d rights not affected -- Permits, standards, not affected -- 1970 ex.s. c 62: "The provisions of this act s hall not impair or supersede the powers or rights of any person, committee, association, public, m unicipal or private corporations, state or local governmental agency, federal agen cy, or political subdivision of the state of Washington under any other law except as specifically provided herein. Pollution control permits, water quality st andards, air pollution permits, air quality standards, and permits for disposal of solid waste materials of this state are not changed hereby and the laws governing the sa me are to be protec ted and preserved." [1970 ex.s. c 62 § 61.]

## Effective date -- 1970 ex.s. c 62: "This 1970 amendatory act shall take effect on July 1, 1970." [1970 ex.s. c 62 § 64.]

Severability -- 1970 ex.s. c 62: "If any provision of this 1970 amendatory act, or its application to any person or circ umstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumst ances, shall not be affected." [1970 ex.s. c 62 § 65.]

43.21A.020 Purpose.

In recognition of the responsibilit y of state government to carry ou t the policies set forth in RCW 43.21A.010 , it is the purpose of this chapter to establish a single state agency with the authority to manage and develop our air and water resources in an orderly, efficient, and effective manner a nd to carry out a coordinated program of pollution control involving these and related land resources. To this end a department of ecology is created by this chapter to undertake, in an integrated manner, the various water regulation, management, planning and development programs now authorized to be performed by the department of wate r resources and the water pollution control commission, the air regulation and management program now performed by the state air pollution control board, the solid waste regulation and management program authorized to be pe rformed by state government as provided by chapter 70.95 RCW, and such other environmental, management protection an d development programs as may be authorized by the legislature.

[1970 ex.s. c 62 § 2.]



## 43.21A.030 Definitions.

As used in this chapter, unless the context indicates otherwise:

(1) "Department" means the department of ecology.

(2) "Director" means the di rector of the department of ecology.

(3) "Commission" means the ecological commission.

[1970 ex.s. c 62 § 3.]



## 43.21A.040 Department of ecology — Created.

There is created a department of state government to be known as the department of ecology.

[1970 ex.s. c 62 § 4.]

## 43.21A.050 Department of ecology — Director — A ppointment — Powers and duties — Salary — Temporary appointment when vacancy.

The executive and administrative head of the department shall be the director. T he director shall be appointed by the governor with the consent of the senate. He or she shall have complete charge of and supervisory powers over the department. He or she shall be paid a salary fixed by the governor in accordance with the provisions of RCW 43.03.040 . If a vacancy occurs in the position of director while the senate is not in session, the governor shall make a temporary appointment until the next meet ing of the senate at which time he or she shall present to that body his or her nomination for the position.

[2009 c 549 § 5081; 1970 ex.s. c 62 § 5.]



## 43.21A.061 Powers and duties — Reclamation.

The department of ecology shall exercise all the powers an d perform all the duties prescribed by law with respect to the reclamation and development of arid, swamp, overflow, and logged-off lands in the state and such other duties as may be prescribed by law.

[1987 c 109 § 26; 1965 c 8 § 43.21.110 . Prior: 1921 c 7 § 70; RRS § 10828. Formerly RCW 43.21.110 .]

Notes:



## Purpose -- Short title -- Construction -- Rules -- Severability -- Captions -- 1987 c 109: See notes following RCW 43.21B.001

.

43.21A.064 Powers and duties — Water resources.

Subject to RCW 43.21A.068 , the director of the departm ent of ecology shall have the following powers and duties:

(1) The supervision of public waters within the state and their appropriation, diversion, and use, and of the various officers connected therewith;

(2) Insofar as may be necessary to assure safety to life or property, the dire ctor shall inspect the construction of all dams, canals, ditches, irrigation systems, hydraulic power plants, and all other works, systems, and plants pertaining to the use of water, and may require such necessary changes in the construction or maintenance of said works, to be made from time to time, as will reasonably secure safety to life and property;

(3) The director shall regulate and control the di version of water in accordance with the rights thereto;

(4) The director shall determine the discharge of streams and springs and other sources of water supply, and the capacities of lakes and of reservoirs whose waters are being or may be utilized for beneficial purposes;

(5) The director shall, if requested, provide assi stance to an applicant for a water right in obtaining or developing an adequate and appropriate supply of wa ter consistent with the land use permi tted for the area in which the water is to be used and the population forecast for the area under RCW 43.62.035 . If the applicant is a public water supply system, the supply being sought must be used in a manner consistent with applicable land use, watershed and water system plans, and the population forecast for that area provided under RCW 43.62.035 ;(6) The director shall keep such records as may be necessary for the recording of the financial transactions and statistical data thereof, and shall procure all necessary do cuments, forms, and blanks. The director shall keep a seal of the office, and all certificates covering any of the director's acts or the acts of the director's office, or the records and files of that office, under such seal, sha ll be taken as evidence thereof in all courts;

(7) The director shall render when required by the go vernor, a full written report of the office's work with such recommendations for legislation as the director deems advis able for the better control and development of the water resources of the state;

(8) The director and duly authorized deputies may administer oaths;

(9) The director shall establish and prom ulgate rules governing the ad ministration of chapter 90.03 RCW;

(10) The director shall perform such other duties as may be prescribed by law.

[1997 c 443 § 2; 1995 c 8 § 3; 1977 c 75 § 46; 1965 c 8 § 43.21.130 . Prior: 1961 c 19 § 1; prior: (i) 1951 c 57 § 3; 1921 c 7 § 72; RRS § 10830. (ii) 1951 c 57 § 3; 1917 c 117 § 8; RRS § 7358. Formerly RCW 43.21.130 .]

Notes:



## Finding -- Intent--1997 c 443: "The legislature finds that there is a need for development of additional water resources to meet the forecasted population growth in the state. It is the intent of chapter 443, Laws of 1997 to direct the responsible agencies to assist applicants seeking a safe and reliable water source for their use. Providing this assistance for public water supply systems can be accomplished through assistance in the creation of municipal interties and tr ansfers, additional storage capabilities, enhanced conservation efforts, and added e fficiency standards for using existing supplies." [1997 c 443 § 1.]

Findings -- 1995 c 8: "The legislature finds and declares:

(1) The federal energ y regulatory commission, under the federal power act, licenses hydropower projects in navigable waters and regularly and extensively inspects facilities for safety; and

(2) Nothing in this act alters or affects the depar tment of ecology's authority to: (a) Participate in the federal process of licens ing hydropower projects; or (b) ensure that hydropower projects comply with federal statutes such as the coastal zone management act and the clean water act and, subject to RCW 43.21A.068 , all applicable state law. " [1995 c 8 § 1.]

Review of permit applications to divert and store water, water flow policy: RCW 77.57.020

. Water power development, license fees: RCW 90.16.050

, 90.16.060

, 90.16.090

.

43.21A.067 Water resources — "Basic data fund" created.The director of ecology may create within his or her de partment a fund to be known as the "basic data fund."

Into such fund shall be deposited all moneys contri buted by persons for stream flow, groundwater and water quality data or other hydrographic information furnished by the department in cooperatio n with the United States geological survey, and the fund shall be expended on a matchi ng basis with the United States geological survey for the purpose of obtaining additional basic information needed for an intelligent inventory of water resources in the state.

Disbursements from the basic data fund shall be on vouchers approved by the department and the district engineer of the United States geological survey.

[2009 c 549 § 5082; 1987 c 109 § 27; 1967 c 53 § 1; 1965 c 8 § 43.21.140 . Prior: 1951 c 57 § 4; 1943 c 30 § 1; Rem. Supp. 1943 § 5505-1. Formerly RCW 43.21.140 .]

Notes:



## Purpose -- Short title -- Construction -- Rules -- Severability -- Captions -- 1987 c 109: See notes following RCW 43.21B.001

.

43.21A.068 Federal power act licensees — Exempt ion from state requirements.

(1) With respect to the safety of an y dam, canal, ditch, hydraulic power plant, reservoir, project, or other work, system, or plant that requires a license under t he federal power act, no licensee shall be required to:

(a) Submit proposals, plans, specificati ons, or other documents for approval by the department;

(b) Seek a permit, license, or other form, permission, or authorization from the department;

(c) Submit to inspection by the department; or

(d) Change the design, construction, modification, ma intenance, or operation of such facilities at the demand of the department.

(2) For the purposes of this section, "licensee" m eans an owner or operator, or any employee thereof, of a dam, canal, ditch, hydraulic power plant, reservoir, project, or ot her work, system, or plant that requires a license under the federal power act.

[1995 c 8 § 2.]

Notes:



## Findings -- 1995 c 8: See note following RCW 43.21A.064

.

43.21A.069 Powers and duties — Flood control.

The department of ecology shall exercise all the powers an d perform all the duties prescribed by law with respect to flood control.

[1987 c 109 § 28; 1965 c 8 § 43.21.160 . Prior: 1941 c 204 § 2, part; Rem. Supp. 1941 § 9663F-2, part. Formerly RCW 43.21.160 .]

Notes:

## Purpose -- Short title -- Construction -- Rules -- Severability -- Captions -- 1987 c 109: See notes following RCW 43.21B.001

.

43.21A.070 Application of administrative procedure act to the review of decisions by director.

The administrative procedure act, chapter 34.05 RCW, shall apply to the review of decisions by the director to the same extent as it applied to decisions issued by the di rectors of the various departments whose powers, duties and functions are transferred by chapter 62, Laws of 1970 ex. sess. to the department of ecology. The administrative procedure act shall further apply to all othe r decisions of the director as in chapter 34.05 RCW provided.

[1970 ex.s. c 62 § 7.]



## 43.21A.080 Rule-making authority.

The director of the department of ecol ogy is authorized to adopt such rules and regulations as are necessary and appropriate to carry out the provisions of this chapter: PR OVIDED, That the director may not adopt rules after July 23, 1995, that are based solely on a sect ion of law stating a statut e's intent or purpose, on the enabling provisions of the statute establishing t he agency, or on any combination of such provisi ons, for statutory authority to adopt the rule.

[1995 c 403 § 103; 1970 ex.s. c 62 § 8.]

Notes:



## Findings -- Short title -- Intent -- 1995 c 403: See note following RCW 34.05.328

. Part headings not law -- Severability -- 1995 c 403: See RCW 43.05.903 and 43.05.904

.

43.21A.085 Technical assistance officer and units — Coordination of voluntary compliance with regulatory laws.

The department, to the greatest extent pos sible, within available resources and without jeopardizing the department's ability to carry out its legal responsibilities, may designate one or more of its employees as a technical assistance officer, and may organize the officers into one or more te chnical assistance units within the department. The duties of a technical assistance officer are to coordinate voluntary compliance with the regulatory laws administered by the department and to provide technical assistan ce concerning compliance with the laws.

[1992 c 19 § 1.]

## 43.21A.087 Technical assistance officer and units — Authority to issue orders or assess penalties.

(1) An employee designated by the department as a techni cal assistance officer or as a member of a technical assistance unit may not, during the period of the designation , have authority to issue orders or assess penalties on behalf of the department. Such an employee who provides on-site consultation at an industrial or commercial facility and who observes violations of the law shall inform the owner or operator of the facilit y of the violations. On-site consultation visits by such an employee may not be rega rded as inspections or investigations and no notices or citations may be issued or civil penalties assessed during such a visit. However, violations of the law must be reported to the appropriate officers within the department. If the owner or operator of the facility does not correct the observed violations within a reasonable time, the depar tment may reinspect the facility and take appropriate enforcement action. If a technical assistance officer or mem ber of a technical assistance unit observes a violation of the law that places a person in danger of death or substantial bodily harm, or has caused or is likely to cause physical damage to the property of others in an amount exceeding one thousand do llars, the department may initiate enforcement action immediately upon observing the violation.

(2) The state, the department, and officers or employ ees of the state shall not be liable for damages to a person to the extent that liability is asserted to arise from the performance by techni cal assistance officers of their duties, or if liability is asserted to arise from the failure of the department to supply technical assistance.

[1992 c 19 § 2.]



## 43.21A.090 Powers, duties and functions transferred to department to be performed by director — Delegation by director, limitations.

All powers, duties and functions transferred to the departmen t by the terms of chapter 62, Laws of 1970 ex. sess. shall be performed by the director: PROVIDED, That the dire ctor may delegate, by appropriate rule or regulation, the performance of such of his or her powers, duties, and func tions, other than those relating to the adoption, amendment or rescission of rules and regulations, to employees of the department whenever it appears desirable in fulfilling the policy and purposes of this chapter.

[2009 c 549 § 5083; 1970 ex.s. c 62 § 9.]



## 43.21A.100 Departmental administrati ve divisions — Deputy dir ector, duties — Assistant directors, duties — As exempt from state civil service law — Salaries.

In order to obtain maximum efficiency and effectiveness within the department, the director may create such administrative divisions within the department as he or she deems necessary. The director shall appoint a deputy director as well as such assistant directors as shall be needed to administer the several divisions within the department. The deputy director shall have charge and gen eral supervision of the dep artment in the absence or disability of the director. In the case of a vacancy in t he office of director, the deputy director shall administer the department until the governor appoints a successor to the dire ctor or an acting director. The officers appointed under this section and exempt from the provisions of the state civil service law as provided in RCW 41.06.073 , shall be paid salaries to be fixed by the governor in accordance with the procedure established by law for the fixing of salaries for officers exempt from the operation of the state civil service law.

[2009 c 549 § 5084; 1970 ex.s. c 62 § 10.]

## 43.21A.120 Director to employ personnel — App lication of state civil service law.

The director shall have the power to employ such person nel as may be necessary for the general administration of this chapter: PROVIDED, That except as specified in RCW 41.06.073 , such employment shall be in accordance with the rules of the state civil service law, chapter 41.06 RCW.

[1970 ex.s. c 62 § 12.]



## 43.21A.130 Studies — Limitations.

(1) In addition to any other powers granted the director, the director may undertake studies dealing with all aspects of environmental problems involving land, water, or air; howeve r, in the absence of specific legislative authority, such studies shall be limited to investigat ions of particular problems, and shall not be implemented by positive action.

(2)(a) Any studies conducted by the department to establish the total maximum daily load of a water body under chapter 90.48 RCW must involve meaningful participation and opportunities to comment by the local watershed planning group established in chapter 90.82 RCW, the local governments whose jurisdictions are within the affected watershed, and any affected or concerned citizen who notifies the department of his or her interest in participating. Technical or procedural disputes or disagreements that aris e during the participation and comment process may be presented to the director for review. The director shall conduct a review of the disputed items and issue written findings and conclusions to all interested participants.

(b) If a study conducted on the total maximum daily load of a water body may affect a new or renewed national pollution discharge elimination permit under chapter 90.48 RCW, the department must disclose prior to the finalization of the study the precision and accuracy of data collected, co mputer models developed, and assumptions used.

[2002 c 364 § 1; 1987 c 505 § 28; 1980 c 87 § 22; 1970 ex.s. c 62 § 13.]



## 43.21A.140 Director to consult with depart ment, state board of health.

The director in carrying out his or her powers and duties unde r this chapter shall consult with the department of social and health services and the state board of health, or their successors, insofar as necessary to assure that those agencies concerned with the preservation of life and health ma y integrate their efforts to the fullest extent possible and endorse policies in common.

[2009 c 549 § 5085; 1979 c 141 § 67; 1970 ex.s. c 62 § 14.]



## 43.21A.150 Director to consult with ot her states, federal government and Canadian provinces — Authority to receive and dis burse grants, funds and gifts.The director, whenever it is lawful and feasible to do so, shall consult and cooperate with the federal government, as well as with other states and Canadian provinces, in the study and control of environmental problems. On behalf of the department, the director is authorized to accept, receive, disburse, and administer grants or other funds or gifts from any source, including private individuals or agencies, the federal government, and other public agencies, for the purpose of carrying out the provisions of this chapter.

[1970 ex.s. c 62 § 15.]



## 43.21A.155 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 a ccordance with the terms and provisions of an environmental excellence program agreement, entered into under chapter 43.21K RCW.

[1997 c 381 § 20.]

Notes:



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

.

43.21A.160 Request for certification of record s as confidential — Procedure.

Whenever any records or other information furnished under the authority of this chapter to the director, the department, or any division of the department, relate to t he processes of production unique to the owner or operator thereof, or may affect adversely the com petitive position of such owner or operat or if released to the public or to a competitor, the owner or operator of such processes or pr oduction may so certify, and request that such information or records be made available only for the confidential use of the director, the department, or the appropriate division of the department. The director shall give consideration to the request, and if such action would not be detrimental to the public interest and is otherwise within accord with the policies and purposes of this chapter, may grant the same.

[1970 ex.s. c 62 § 16.]



## 43.21A.165 Environmental technology — Review of certification programs — Demonstration activities.

(1) The legislature finds that:

(a) New and innovative environmental technologies can help improve environmental quality at lower costs;

(b) Current regulatory processes often include permi ts or approvals that require applicants to duplicate costly technical analysis;

(c) The commercialization of innovative environm ental technologies can be discouraged due to the costs of repeated environmental analysis;(d) The regulatory process can be improved by sharing and relying on information generated through demonstration projects and technica l certification programs; and

(e) Other states have developed programs to cert ify environmental technologies in order to streamline the permitting process and to encourage use of environmental technologies.

(2) The legislature therefor e declares that the department shall:

(a) Review environmental technology certification pr ograms established by other st ates or federal agencies, and enter into agreements to use the information from these pr ograms if the department finds that this information will improve the efficiency and effectiveness of the state's environmental regulatory process; and

(b) Participate in technology demonstration activiti es that support the state's needs for environmental technology.

[1997 c 419 § 1.]



## 43.21A.175 Environmental certification progra ms — Fees — Rules — Liability.

(1) At the request of a project propone nt, the department shall consider informa tion developed through a certification program when making permit or other regulatory decisions. The department may not require duplicative demonstration of such information, but may require additional information as necessary to assure that state requirements are met. A local government that has a regu latory authority delegated by the department may use information developed through a certification program when making permit or other regulatory decisions.

(2) The department shall develop a certification progr am for technologies for remediation of radioactive and mixed waste, as those terms are defined in chapter 70.105 RCW, if all program development and operational costs are paid by the federal government or persons s eeking certification of the technologies.

(3) Following the development of the certification program in subsection (2 ) of this section, the department may use the policies and procedures of that program on a pilot basis to evaluate the use of certification for site remediation technologies and other environ mental technologies, if the operational costs of the certification are paid by the federal government or persons seekin g certification of such technologies.

(4) The department shall charge a reasonable fee to recover the operational costs of certifying a technology.

(5) Subsections (1), (3), and (4) of this secti on apply to permit and other regulatory decisions made under the following: Chapters 70.94

, 70.95

, 70.105

, 70.105D

, 70.120

, 70.138

, 90.48

, 90.54 , and 90.56 RCW.

(6) For the purposes of this section, "certifica tion program" means a program, developed or approved by the department, to certify the quantitative performance of an environmental technology over a specified range of parameters and conditions. Cert ification of a technology doe s not imply endorsement of a specific technology by the department, or a guarantee of the performance of a technology.

(7) The department may adopt rules as necessary to implement the requirements of s ubsections (2) and (3) of this section, and establish requirements and procedures for evaluation and certificat ion of environmental technologies.

(8) The state, the department, and officers and employ ees of the state shall not be liable for damages resulting from the utilization of information developed through a cert ification program, or from a decision to certify or deny certification to an environmental technology. Actions of the department under this section are not decisions reviewable under RCW 43.21B.110

.

[1997 c 419 § 2.]

## 43.21A.230 Certification of environmental laboratori es authorized — Fees — Use of certified laboratories by persons submitting data or results to department.

The director of ecology may certify environmental laboratori es which conduct tests or prepare data for submittal to the department. Fees for certification may be charged by t he department to cover the department's costs. Such certification may consider:

(1) Evaluating protocols and procedures;

(2) Determining the accuracy and reliability of test re sults, including internal quality assurance and quality control procedures and proficiency at analyzing te st samples supplied by the department;

(3) Certifying laboratories based on prior certific ation by another state or federal agency whose certification requirements are deemed satisfactory by the director; and

(4) Such other factors as the director considers appropriate.

The director of ecology may require that any person submitting laboratory data or test results to the department use laboratories certified by the department or laborat ories which participate in quality assurance programs administered by the federal environmental protection agency.

Persons receiving a federal permit for wastewater discharge who operate a lab solely for their own use and who require certification for only conventio nal pollutants shall not be charged an ann ual certification fee in excess of the actual costs of providing the certification or four thousand dollars, whichever is less. Conventional pollutants as used in this subsection means those conventional pollutants re gulated under the federal clean water act (33 U.S.C. Sec. 1314).

Fees and lab quality control requirements for persons receiving state or federal wastewater discharge permits shall not be implemented before Septem ber 30, 1988. The department shall not duplicate any laboratory quality control requirements imposed by the United States environmental protection agency.

[1987 c 481 § 1.]



## 43.21A.235 Exemption from laboratory certi fication and fee requirements.

Laboratories owned by persons holding wastewater dischar ge permits and operated solely for their own use which participate in quality assurance programs administered by the federal environmental protection agency shall be exempt from certification an d fee requirements for the spec ific methods and tests which are the subject of such quality assurance programs.

[1987 c 481 § 2.]



## 43.21A.350 Master plan of development.

The department of ecology shall prepare and perfect from time to time a state master plan for flood control, state public reservations, financed in whole or in part from mone ys collected by the state, sites for state public buildings and for the orderly development of the nat ural and agricultural resources of the state. The plan shall address how the department will expedite the completion of projects of statewide significance. The plan shall be a guide in makingrecommendations to the officers, boards, co mmissions, and departments of the state.

Whenever an improvement is proposed to be establishe d by the state, t he state agency having charge of the establishment thereof shall request of t he director a report thereon, which sha ll be furnished within a reasonable time thereafter. In case an improvement is not established in conformity with the report, the state agenc y having charge of the establishment thereof shall file in its office and with the departm ent a statement setting forth its reasons for rejecting or varying from such report which shall be open to public inspection.

The department shall insofar as possible secure t he cooperation of adjacent states, and of counties and municipalities within the state in the coordination of their proposed improvements with such master plan.

[2009 c 421 § 7; 1997 c 369 § 6; 1987 c 109 § 29; 1965 c 8 § 43.21.190 . Prior: 1957 c 215 § 22; 1933 ex.s. c 54 § 3; RRS § 10930-3. Formerly RCW 43.21.190 .]

Notes:



## Effective date -- 2009 c 421: See note following RCW 43.157.005

. Purpose -- Short title -- Construction -- Rules -- Severability -- Captions -- 1987 c 109: See notes following RCW 43.21B.001

. Industrial project of statewi de significance -- Defined: RCW 43.157.010

.

43.21A.355 Master plan of development — Public hearings.

The director may hold public hearings, in connection with any duty prescribed in RCW 43.21A.350 and may compel the attendance of witnesses and the production of evidence.

[1988 c 127 § 7; 1965 c 8 § 43.21.200 . Prior: 1957 c 215 § 23; 1933 ex.s. c 54 § 4; RRS § 10930-4. Formerly RCW 43.21.200 .]



## 43.21A.405 Marine pollution — Baseline study program — Legislative finding and declaration.

The legislature recognizes that there ex ists a great risk of potential damage fr om oil pollution of the waters of the state of Washington and further declares that immediate steps must be undertaken to reduce this risk. The legislature also is aware that such danger is expected to increase in future years in proportion to the increase in the size and cargo capacity of ships, barges, and other waterborne carrier s, the construction and oper ational characteristics of these carriers, the density of waterb orne traffic, and the need for a grea ter supply of petroleum products.

A program of systematic baseline studies to be cond ucted by the department of ec ology has been recognized as a vital part of the efforts to reduce the risk of oil pollution of marine waters, and the legislature recognizes that many factors combine to make this effort one of considerable magnitude and difficulty . The marine shoreline of the state is about two thousand seven hundred miles long, a greater length than the combined coastlines of Oregon and California. There are some three million acres of submer ged land and more than three hundred islands in these marine waters. The average depth of Puget Sound is two hundr ed twenty feet. There is a great diversity of animal life in the waters of the state. These waters have a mu ltitude of uses by both hu mans and nonhumans, and the interaction between human activities and natural proce sses in these waters varies greatly with locale.

[2010 c 8 § 7001; 1973 2nd ex.s. c 30 § 1.]Notes:



## Oil and hazardous substances pollution: RCW 90.56.010 through 90.56.280

.

43.21A.410 Marine pollution — Baseline study program established — Utilization of related programs — Coordination — Contracts.

As part of the state effort to prevent and control oil pollution, a continuing , comprehensive program of systematic baseline studies for the waters of the state shall be established by the departm ent of ecology. Fu ll utilization of related historical data shall be made in planning these stud ies. Data from these and ot her scientific investigations made pursuant to RCW 43.21A.405 through 43.21A.420 should, whenever possible, have multiple use, including use as supporting evidence of environmental damage resulting from oil pollution, as indicators of the potential or existing risks and impacts of oil pollution, as aids to developing a me thodology for implementing the reduction of risks, and as aids to maintaining water quality standards.

A baseline study program shall take full advanta ge of the data and information produced by related programs, such as the marine ecosystems analysis (MESA) program of the national oceanic and at mospheric administration, studies and inventories made pursuant to the state shorelines management act of 1971, and others. All phases of the program, including planning, operations, data analysis, in terpretation, storage, retrieval, and dissemination phases, shall be coordinated to the greatest possible extent wi th appropriate governmental, academic, and industrial organizations. Whenever possible, the department shall cont ract with existing state agencies, boards, commissions, and institutions of higher educat ion for the scientific investigat ion programs to be conducted.

[1973 2nd ex.s. c 30 § 2.]



## 43.21A.415 Marine pollution — Baseline study program — Scope of database produced.

The database produced by such studies should include chemic al, physical, and biological parameters of the waters, complete information on marine pollution accidents, and an economic evaluation of the marine resources and shoreline properties that may be damaged or impaired by oil pollution. Where oceanographic and water quality instrumentation is used to gather data, such instruments shall be st andardized and intercalibrated.

[1973 2nd ex.s. c 30 § 3.]



## 43.21A.420 Marine pollution — Baseline study program — Priority factors.

In planning the state baseline studies program, priority shall be given to those waters (1) in which the greatest risk of damage from oil spills exists; (2) which contain marine and freshwater life that is particularly sensitive to toxins contained in crude oil, oil products, and oil wastes; and (3 ) which are used or may be used for the harvesting, gathering, or production of food or food products.

[1973 2nd ex.s. c 30 § 4.]

## 43.21A.430 Catalytic converters in police, am bulance or emergency aid vehicles — Department's powers restri cted in respect thereto.

The department of ecology may not adopt, maintain in effe ct, or enforce any rule requiring the installation or maintenance of a catalytic converter in the exhaust system of any motor vehicle used as a police vehicle, or ambulance, an emergency aid vehicle, or a fire department vehicle, and any cata lytic converter in the exhaust system of any such vehicle may be lawfully removed.

[1977 ex.s. c 264 § 1.]



## 43.21A.440 Department authorized to participate in and administer federal Comprehensive Environmental Response, Compensation and Liability Act.

The department of ecology is authorized to participate fully in and is empowere d to administer all programs of the federal Comprehensive Environmental Response, Compensat ion and Liability Act (42 U.S. C. 9601 et seq.), as it exists on July 24, 1983, contem plated for state participation and ad ministration under that act.

[1983 c 270 § 3.]

Notes:



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

.

43.21A.445 Departments authorized to participate in and administer federal Safe Drinking Water Act — Agreements wi th other departments.

The department of ecology, the department of natural re sources, the department of health, and the *oil and gas conservation committee are authorized to participate fully in and are empowered to administer all programs of Part C of the federal Safe Drinking Water Act ( 42 U.S.C. Sec. 300h et seq. ), as it exists on June 19, 1986, contemplated for state participation in administration under the act.

The department of ecology, in t he implementation of powers provided herein shall enter into agreements of administration with the departments of health and natural resources and the *oil and gas conservation committee to administer those portions of the state program, approved under the federal ac t, over which the said departments and committee have primary subject-matter authority under exis ting state law. The departmen ts of health and natural resources and the *oil and gas conservation committee ar e empowered to enter into such agreements and perform the administration c ontained therein.

[1989 1st ex.s. c 9 § 218; 1988 c 279 § 1; 1983 c 270 § 4.]

Notes:



## * Reviser's note: The duties of the oil and gas conservation committee were transferred to the department of natu ral resources by 1994 sp.s. c 9.

## Effective date -- Severability -- 1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920

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

. Adoption of rules for on-site sewage dispos al systems adjacent to marine waters: RCW 90.48.264

. Drinking water quality consumer complaints: RCW 80.04.110

.

43.21A.450 Control of outflow and l evel of Lake Osoyoos — Lake Osoyoos International Water Control Structure authorized.

(1) The legislature recognizes the need for the state of Washington to implement an understanding reached with the Province of British Columbia in relation to a joint venture with British Columbia for controlling the outflow and level of Lake Osoyoos, an international lake, and in connection ther ewith to replace an existing lake control structure on the Okanogan river in Washington state which has been classified as deteriorated and unsafe.

(2) For the purpose of implementing subsection (1) of this section, the department of ecology may acquire, design, construct, own, operate, and maintain a project to be known as the Lake Osoyoos International Water Control Structure and may acquire all r eal property interests necessary thereto by purchase, grant, gift, or eminent domain; provided that the authority of eminent domain as granted to the department under this section is limited to acquiring property necessary for access to the control structure, lo cation of abutments for the c ontrol structure, and flowage easements if necessary.

(3) The department may accept and administer grants or gifts from any source for the purpose of carrying out subsection (2) of this section.

(4) The department may exercise its powers under subs ection (2) of this section directly or through contracts, except that it may not deleg ate its authority of eminent dom ain. The department may also enter into agreements with any public or municipal corporation with respect to operation and maintenance of t he project authorized under subsection (2) of this section.

[1985 c 27 § 1; 1982 c 76 § 1.]

Notes:



## Intent -- 1985 c 27; 1982 c 76: "It is the intent of this legislature in enacting RCW 43.21A.450 that total capital costs for the said project be shared equally by Washington state and British Columbia." [1985 c 27 § 2; 1982 c 76 § 2.]

43.21A.470 Yakima enhancement project — Duties — Request for congressional authorization for pipeline.

(1) The director of the department of ecology shall:

(a) Continue to participate with the federal gover nment in its studies of the Ya kima enhancement project and ofoptions for future development of the second half of the Columbia Basin project;

(b) Vigorously represent the state's interest in said st udies, particularly as they relate to protection of existing water rights and resolution of conflicts in t he adjudication of the Yakima river within the framework of state water rights law and propose means of resolving the co nflict that minimize adverse effe cts on the various existing uses;

(c) As a cooperative federal and nonfederal effort, work with members of the congressional delegation to identify and advance, subject to the limitations in subsection (2) of this section, for federal au thorization elements of the Yakima enhancement project which: Have general public support and acceptable cost-s haring arrangements, meet study objectives, and otherwise have pot ential for early implementation; and

(d) In developing acceptable cost-sharing arran gements, request federal rec ognition of state credit for expenditures of moneys from Wa shington state ut ility ratepayers.

(2) In the interest of promoting cooperation bet ween all interested parties and to effectuate the efficient and satisfactory implementation of the Yakima enhancement project, the state requests that Congress authorize the construction of a pipeline between Keechelus Lake an d Kachess Lake as one of the elements of early implementation of the Yakima enhancement project for the purpose of supplying the water which is demanded for and caused by the operation of the fish passage facilities at the Easton Dam. The department, in concert with other state agencies, shall work diligently to assure that the pipeline element is included in the federal legislation.

[1987 c 517 § 1; 1986 c 316 § 3.]



## 43.21A.510 State environmental profile.

In order to assist the *department of community, trade, and economic development in providing information to businesses interested in locating in Washington state, t he department shall develop an envi ronmental profile of the state. This profile shall i dentify the state's natural res ources and describe how these assets are valuable to industry. Examples of information to be included are water resources and quality, air quality, and recreational opportunities related to natural resources.

[1995 c 399 § 66; 1985 c 466 § 51; 1984 c 94 § 2.]

Notes:



## *Reviser's note: The "department of community, trade, and economic development" was renamed the "department of commerce" by 2009 c 565.

Effective date -- Severability -- 1985 c 466: See notes following RCW 43.31.125

. Findings -- 1984 c 94: "The legislature finds (1) that a locality's natural environment is an important factor in determining w here new businesses will locate, (2) that environmental regulations that preserve the quality of the environment can enhance economic development and the determination by new businesses where to locate and can lead to the creation of jobs and new indu stries, and (3) that some areas of the state have been and might be handicapped in their ec onomic development efforts because of perceived environmental problems. Thus, the legislature declares that it is the policy of this state to recognize and emphasize the im portance of the state' s natural environment in its economic development efforts in at tracting and maintaining businesses." [1984 c 94 § 1.]

## 43.21A.515 Assistance to businesses interested in locating in Washington required — Information on environmental laws and regulations to be provided.

In order to emphasize the importance of the state's environmental laws and r egulations and to facilitate compliance with them, the department of ecology sh all provide assistance to businesses in terested in locati ng in Washington state. When the *department of comm unity, trade, and economic development receives a query from an interested business through its industrial marketing activities, it shall arrange for the departm ent of ecology to provide information on the state's environmental laws and regulations and methods of compliance. This section shall facilitate compliance with state environmental laws and regulations a nd shall not weaken their application or effectiveness.

[1995 c 399 § 67; 1985 c 466 § 52; 1984 c 94 § 3.]

Notes:



## *Reviser's note: The "department of community, trade, and economic development" was renamed the "department of commerce" by 2009 c 565.

Effective date -- Severability -- 1985 c 466: See notes following RCW 43.31.125

. Findings -- 1984 c 94: See note following RCW 43.21A.510

.

43.21A.520 Environmental excellence awards program for products.

(1) The department of ecology shall develop and implement an environmental excellence awards program that recognizes products that are produced, labeled, or packaged in a manner that helps ensure environmental protection. The award shall be in recognition of products that are made from recycled materials, easy to recycle, substitute for more hazardous products, or otherwise help protect the env ironment. Application for the award shall be voluntary. The awards may be made in a variety of produc t categories including, but not limited to:

(a) Paint products;

(b) Cleaning products;

(c) Pest control products;

(d) Automotive, marine, and related maintenance products;

(e) Hobby and recreation products; and

(f) Any other product available for retail or wholesale sale.

(2) Products receiving an environmental excellence awar d pursuant to this section shall be entitled to display a logo or other symbol developed by the department to signify the award. Awards shall be given each year to as many products as qualify. The award logo may be displayed for a period to be determined by the department.

[2010 1st sp.s. c 7 § 87; 1989 c 431 § 47; 1987 c 67 § 1.]

Notes:

## Effective date -- 2010 1st sp .s. c 26; 2010 1st sp.s. c 7: See note following RCW 43.03.027

. Severability -- Section capti ons not law -- 1989 c 431: See RCW 70.95.901 and 70.95.902

.

43.21A.600 Powers and duties — El ectric power resources.

The department shall make studies and surveys, collect, compile and disseminate information and statistics to facilitate development of the electric po wer resources of the state by public ut ility districts, municipalities, electric cooperatives, joint operating agencies and public utility companies. The dire ctor may cause studies to be made relating to the construction of steam gen erating plants using any available fuel a nd their integration with hydro-electric facilities. He or she may cause designs for any such plant to be prepared. He or she shall employ such engineers and other experts and assistants as may be necessary to carry out his or her power resources functions.

[2009 c 549 § 5086; 1988 c 127 § 8; 1965 c 8 § 43.21.220 . Prior: 1957 c 284 § 2. Formerly RCW 43.21.220 .]

Notes:



## Joint operating agencies: Chapter 43.52 RCW.

43.21A.605 Development of electric power res ources — Cooperation with governmental units.

The director may represent the state and aid and assist the public utilities therei n to the end that its resources shall be properly developed in the public interest insofar as they affect electric power and to this end he or she shall cooperate and may negotiate with Canad a, the United States, t he states thereof and their agencies to develop and integrate the resource s of the region.

[2009 c 549 § 5087; 1988 c 127 § 9; 1965 c 8 § 43.21.230 . Prior: 1957 c 284 § 3. Formerly RCW 43.21.230 .]



## 43.21A.610 Steam electric generating plan t — Study — Construction.

The director shall continue the study of the state power commission made in 195 6 relating to the construction of a steam power electric generating plant, and if the constructi on of a steam electric gener ating plant is found to be feasible by the director, the director may construct such plant at a site determined by him or her to be feasible and operate it as a state owned facility.

[2009 c 549 § 5088; 1988 c 127 § 10; 1965 c 8 § 43.21.250 . Prior: 1957 c 275 § 3. Formerly RCW 43.21.250 .]

## 43.21A.612 Steam electric generating plant — Statem ent of intention — Construction by public utility, operating agency, or th e department, procedure — Powers of director of community, trad e, and economic development.

Before the director shall construct said steam generating fa cility within the state, or make application for any permit, license or other right necessary thereto, the director shall give notice thereof by publishing once a week for four consecutive weeks in a newspaper of general circulation in the county or counties in which such project is located a statement of intention setting forth the general nature, extent and location of the project. If any public utility in the state or any operating agency desires to construct such facility, such utility or operating agency shall notify the director thereof within ten days after the last date of publication of such notice. If the director determines that it is in the best public interest that the direct or proceed with such construction rat her than the public utility or operating agency, the director shall so notify the *director of community, trade, and economic development, who shall set a date for hearing thereon. If after consi dering the evidence introduced the *direc tor of community, trade, and economic development finds that the public utilit y or operating agency making the request intends to immediately proceed with such construction and is financially capable of carrying out such construction and further finds that the plan of such utility or operating agency is equally well adapted to serve the public interest, the director shall enter an order so finding and such order shall divest the director of authority to proceed further with such construction or acquisition until such time as the other public utilit y or agency voluntarily causes an assignm ent of its right or interest in the project to the director or fails to procure any further required governmental permit, license or authority or having procured such, has the same revoked or withdrawn, in accordance with the laws and regulations of such governmental entity, in which event the di rector shall have the same authority to proceed as though the director had originally entered an order so authorizing the director to proceed. If, after considering the evidence in troduced, the *director of community, trade, and economic development finds that the public utility or agency making the request does not intend to immediately proceed with such construction or acquisition or is not financially capable of carrying out such construction or acquisition, or finds that the plan of such utility or operating agency is not equally well adapted to serve the public interest, the director shall th en enter an order so finding and authorizing the director to proceed with the construction or acquisition of the facility.

[1995 c 399 § 68; 1988 c 127 § 11; 1985 c 466 § 49; 1965 c 8 § 43.21.260 . Prior: 1957 c 275 § 4. Formerly RCW 43.21.260 .]

Notes:



## *Reviser's note: The "director of community, trade, and economic development" was changed to the "director of commerce" by 2009 c 565.

Effective date -- Severability -- 1985 c 466: See notes following RCW 43.31.125

.

43.21A.614 Steam electric generating plant — Powers of director in constructing, operating and maintaining.

In order to construct, operate and maintain the single st eam power electric generating plant provided for in RCW 43.21A.610 the director shall have authority:

(1) To generate, produce, transmit, deliver, exchange, pu rchase or sell electric energy and to enter into contracts for any or all such purposes.

(2) To construct, condemn, purchase, lease, acquire , add to, extend, maintain, improve, operate, develop and regulate such steam electric power plant, work and faciliti es for the generation and/or transmission of electric energy and to take, condemn, purchase, lease and acquire any real or personal, public or private property, franchise and property rights, including but not limit ed to state, county and school lands and properties, for any of the purposes herein set forth and for any facilities or works necessary or convenient for use in the construction, maintenance or operation of such work, plant and facilities; providing t hat the director shall not be authorized to acquire by condemnation any plant, work and facility owned and operated by any city or district, or by a privately owned publicutility.

(3) To apply to the appropriate agenc ies of the state of Washi ngton, the United States or any state thereof, or to any other proper agency for such permits, licenses or approv als as may be necessary, and to construct, maintain and operate facilities in accordance with such licenses or per mits, and to obtain, hold and use such licenses and permits in the same manner as any other person or operating unit.

(4) To establish rates for electric energy sold or transmitted by the director. When any revenue bonds or warrants are outstanding the director shall have the power and shall be required to establish and maintain and collect rates or charges for electric energy furnished or supplied by t he director which shall be fair and nondiscriminatory and adequate to provide revenues sufficient for the payment of the principal and interest on such bonds or warrants and all payments which the director is obligated to set aside in any special fund or funds created for such purposes, and for the proper operation and maintenance of the public utility owned by the director and all necessary repairs, replacements and renewals thereof.

(5) To employ legal, engineering and other professi onal services and fix the compens ation of a managing director and such other employees as the director may deem necessa ry to carry on its business, and to delegate to such manager or other employees such authority as the direct or shall determine. Such manager and employees shall be appointed for an indefinite time and be removable at the will of the director.

[1988 c 127 § 12; 1965 c 8 § 43.21.270 . Prior: 1957 c 275 § 5. Formerly RCW 43.21.270 .]



## 43.21A.616 Steam electric generating plant — Eminent domain.

For the purpose of carrying out any or all of the powers her ein granted the director shall have the power of eminent domain for the acquisition of either real or personal property used or useful in connection with the construction of facilities authorized hereunder. Actions in eminent domain pursuant to RCW 43.21A.610 through 43.21A.642 shall be brought in the name of the st ate in any court of competent jurisdiction under the procedure set out in chapter 8.04 RCW. The director may institute condemnation proceedings in the superior court of any county in which any of the property sought to be condemned is located or in which t he owner thereof does business, and the court in any such action shall have jurisdiction to condemn property wherev er located within the state. It shall not be necessary to allege or prove any offer to purchase or inability to agr ee with the owners thereof for the purchase of any such property in said proceedings. Upon the fi ling of a petition for condemnation, as pr ovided in this section, the court may issue an order restraining the removal from the jurisdiction of the state of any personal pr operty sought to be acquired by the proceedings during the pendency thereof. The court shall further have the power to issue such orders or process as shall be necessary to place the direct or into possession of any property condemned.

[1988 c 127 § 13; 1965 c 8 § 43.21.280 . Prior: 1957 c 275 § 6. Formerly RCW 43.21.280 .]



## 43.21A.618 Steam electric generating plant — State not financially obligated — Separation and expenditure of funds.

The director shall have no right or power to impose any debt nor to suffer or create any financial obligation upon the state of Washington or its subdivi sions in the execution of RCW 43.21A.610 through 43.21A.642

. No revenues received by the di rector for the sale of electricity or ot herwise, shall be expended except for the payment of lawful obligations of the director and all such revenues and receipts shall be kept and maintained in a separate fund.

[1988 c 127 § 14; 1965 c 8 § 43.21.290 . Prior: 1957 c 275 § 7. Formerly RCW 43.21.290 .]

## 43.21A.620 Steam electric generating plant — Revenue bonds and warrants.

For the purposes provided for in RCW 43.21A.610 through 43.21A.642 , the state finance committee shall, upon being notified to do so by the director, issue revenue bonds or warrants payable from the reve nues from the steam electric plant provided for in RCW 43.21A.610 . When the director deems it advisable t hat he or she acquire or construct said steam electric plant or make additions or betterments t hereto, he or she shall so not ify the state finance committee and he or she shall also notify the state finance committee as to the plan proposed, together with the estimated cost thereof. The state finance committee, upon re ceiving such notice, shall provide for the construction thereof and the issuance of revenue bonds or warrants therefor by a reso lution which shall specify and adopt the system or plan proposed, and declare the estimated cost thereof, as nearly as may be, including as part of the cost, funds necessary for working capital for the operation of such utility and t he payment of the expenses in curred in the acquisition or construction thereof. Such resolution shall specify that utility revenue bonds are to be issued to defray the cost thereof and the amount of such bonds to be iss ued. Bonds issued under the provisions of RCW 43.21A.610 through 43.21A.642 shall distinctly state that they are not a general obligati on of the state.

[2009 c 549 § 5089; 1988 c 127 § 15; 1965 c 8 § 43.21.300 . Prior: 1957 c 275 § 8. Formerly RCW 43.21.300 .]



## 43.21A.622 Steam electric generating plant — Special funds — Payment of bonds, interest.

When the state finance committee issues revenue bonds as provided in RCW 43.21A.620 , it shall, as a part of the plan and system, request the state treasur er to establish a special fund or f unds to defray the cost of the steam electric utility, or additions or be tterments thereto or extensions thereof. The state finance committee may obligate and bind the director to set aside and pay to the state treasurer for deposit into such fund or funds a fixed proportion of the gross revenue of the steam electr ic utility and all additions or betterment s thereto or extensions thereof, or any fixed amount out of, and not exceeding the fixed proportion of such revenue, or a fixed amount without regard to any fixed proportion, or an amount of the revenue equal to a fixed percentage of the aggregate principal amount of revenue bonds at any time issued against the special fund or funds. It may issue and sell utility bonds payable as to both principal and interest onl y out of such fund or funds.

The revenue bonds shall be payable at such places an d times, both as to principal and interest, and bear interest at such rates payable semiannually as the state finance committee shall determine.

[1988 c 127 § 16; 1965 c 8 § 43.21.310 . Prior: 1957 c 275 § 9. Formerly RCW 43.21.310 .]



## 43.21A.624 Steam electric generating plant — C onsiderations in issuance of bonds, limitations.

In the issuance of any bonds hereunder the state financ e committee shall have due regar d to the cost of operation and maintenance of the steam electric ut ility as acquired, constructed or added to , and to any proportion or amount of the revenue previously pledged as a fund for the payment of revenue bonds. It shall not require to be set aside into the fund a greater amount or proportion of the revenue than in its judgment and as agreed to by the director will be available over and above the cost of maintenance and oper ation and any amount or pr oportion of the revenue so previously pledged. Revenue bonds and interest thereon iss ued against such fund shall be a valid claim of the holder thereof only as against the f und and the proportion or amount of the reve nue pledged thereto, but shall constitute a prior charge over all other charges or claims whatsoever against the fund and the pr oportion or amount of therevenues pledged thereto. Each revenue b ond shall state on its face that it is payable from a special fund, naming the fund and the resolution creating it.

[1988 c 127 § 17; 1965 c 8 § 43.21.320 . Prior: 1957 c 275 § 10. Formerly RCW 43.21.320 .]



## 43.21A.626 Steam electric generating plant — Reso lution authorizing issuance of bonds, contents, covenants.

The resolution of the state finance commi ttee authorizing the issuance of revenue bonds shall specify the title of the bonds as determined by the state finance committee, and may contain covenants by the committee to protect and safeguard the security and the right s of the holders thereof, including co venants as to, among other things:

(1) The purpose or purposes to which the proceeds of the sale of the revenue bo nds may be applied and the use and disposition thereof;

(2) The use and disposition of the gross revenue of the steam electric utility and any additions or betterments thereto or extensions thereof, the cost of which is to be defrayed with such proceeds, including the creation and maintenance of funds for working capital to be used in the operation of the steam electric utility and for renewals and replacements thereof;

(3) The amount, if any, of additional revenue bonds payable from such fund which may be issued and the terms and conditions on which such additional revenue bonds or warrants may be issued;

(4) The establishment and maintenance of adequate rates and charges for electric power and energy and other services, facilities, and commodities, sold, furnish ed or supplied by the steam electric utility;

(5) The operation, maintenance, management, accounting and auditing of the electric utility;

(6) The terms upon which the revenue bonds, or any of them, may be redeemed at the election of the agency;

(7) Limitations upon the right to dispose of the steam electric utility or any part thereof without providing for the payment of the outstanding revenue bonds; and

(8) The appointment of trustees, depositaries, and paying agents to receive, hold, disburse, invest, and reinvest all or any part of the income, revenue, re ceipts and profits derived by the direct or from the operation, ownership, and management of its steam electric utility.

[1988 c 127 § 18; 1965 c 8 § 43.21.330 . Prior: 1957 c 275 § 11. Formerly RCW 43.21.330 .]



## 43.21A.628 Steam electric generating plant — Sale of bonds.

All bonds issued under or by authority of RCW 43.21A.610 through 43.21A.642 shall be sold to the highest and best bidder after such advertising for bids as the state fi nance committee may deem proper. The state finance committee may reject any and all bids so submitted and thereafte r sell such bonds so advertised under such terms and conditions as the state financ e committee may deem most advantageous to its own interests.

[1988 c 127 § 19; 1970 ex.s. c 56 § 61; 1969 ex.s. c 232 § 32; 1965 c 8 § 43.21.340 . Prior: 1957 c 275 § 12. Formerly RCW 43.21.340 .]

Notes:

## Purpose -- 1970 ex.s. c 56: See note following RCW 39.52.020

. Validation -- Saving -- Sever ability -- 1969 ex.s. c 232: See notes following RCW 39.52.020

.

43.21A.630 Steam electric generating plant — Examin ation, registration of bonds by state auditor — Defects, irregularities.

Prior to the issuance and delivery of any revenue bonds, such bonds and a certified copy of the resolution authorizing them shall be delivered to the state audito r together with any additional informati on that he or she may require. When the bonds have been examined they shall be registered by t he auditor in books to be kept by him or her for that purpose, and a certificate of regist ration shall be endorsed upon each bond and signed by the auditor or a deputy appointed by him or her for the purpose. The bonds shall then be prima facie valid and bindi ng obligations of the state finance committee in accordance with their terms, notwithstand ing any defects or irregulari ties in the authorization and issuance of the bonds, or in the sale, execution or delivery thereof.

[2009 c 549 § 5090; 1965 c 8 § 43.21.350 . Prior: 1957 c 275 § 13. Formerly RCW 43.21.350 .]



## 43.21A.632 Steam electric generating pl ant — Rates or charges.

When revenue bonds are outstanding the dire ctor shall establish, maintain, and collect rates or charges for electric power and energy, and other services, facilities and commoditie s sold and supplied by the director which shall be fair and nondiscriminatory and adequate to provide revenue suffi cient to pay the principal of and interest on revenue bonds outstanding, and all payments which the director is obligated to make to the state treasurer for deposit in any special fund or funds created for such purpose, and for t he proper operation and maintenan ce of the utility and all necessary repairs, replacements and renewals thereof.

[1988 c 127 § 20; 1965 c 8 § 43.21.360 . Prior: 1957 c 275 § 14. Formerly RCW 43.21.360 .]



## 43.21A.634 Steam electric generating pl ant — Refunding revenue bonds.

When the state finance committee has out standing revenue bonds, the state financ e committee, with the concurrence of the director, may by resolution provide for the issuanc e of refunding revenue bonds with which to refund the outstanding revenue bonds, or any part thereof at maturity, or before maturity if they are by their terms or by other agreement, subject to call for prior redemption, with the right in the state finance committee to combine various series and issues of the outstanding revenue bonds by a single issue of refunding revenue bonds. The refunding bonds shall be payable only out of a special fund created out of the gross revenue of the steam el ectric utility, and shall only be a valid claim as against such special fund and the amount or proportion of the revenue of the utility pledged to said fund. The rate of interest on refunding revenue bonds shall not exceed the rate of intere st on revenue bonds refunded thereby. The state finance committee may exchange the re funding revenue bonds for the revenue bonds which are being refunded, or it may sell them in such manner as it dee ms for its best interest. Except as specifically provided in this section, the refunding revenue bonds shall be issued in accordance with the provisions contained in RCW 43.21A.610 through 43.21A.642 with respect to revenue bonds.

[1988 c 127 § 21; 1965 c 8 § 43.21.370 . Prior: 1957 c 275 § 15. Formerly RCW 43.21.370 .]

## 43.21A.636 Steam electric generating plant — Signatures on bonds.

All revenue bonds, including refunding revenue bonds, shall be signed by the governor an d the state auditor under the seal of the state, one of which signatures shall be made manual ly and the other signature may be in printed facsimile, and any coupons may have printed or lithographi c facsimile of the signatures of such officers.

[1965 c 8 § 43.21.380 . Prior: 1957 c 275 § 16. Formerly RCW 43.21.380 .]



## 43.21A.638 Steam electric generating plant — Provisions of law, resolution, a contract with bondholder — Enforcement.

The provisions of RCW 43.21A.610 through 43.21A.642 and any resolution providing for the issuance of revenue bonds shall constitute a contract with the holder or holders from time to time of the re venue bonds of the state finance committee. Such provisions of RCW 43.21A.610 through 43.21A.642 and of any such resolution shall be enforceable by any such bondholders by appropriate acti on in any court of competent jurisdiction.

[1988 c 127 § 22; 1965 c 8 § 43.21.390 . Prior: 1957 c 275 § 17. Formerly RCW 43.21.390 .]



## 43.21A.640 Steam electric generating plant — Bonds are legal security, investment, negotiable.

All revenue bonds issued hereunder shall be legal securities, which may be used by a bank or trust company for deposit with the state treasurer, or by a county or city or town treasurer, as security for deposits in lieu of a surety bond under any law relating to deposits of public moneys. T hey shall constitute legal investments for trustees and other fiduciaries other than corporations doing a trust business in this state, and for savings and loan associations, banks and insurance companies doing business in this state. All revenue bonds and all coupons appertaining thereto shall be negotiable instruments within the meaning and fo r all purposes of the negot iable instruments law.

[1965 c 8 § 43.21.400 . Prior: 1957 c 275 § 18. Formerly RCW 43.21.400 .]



## 43.21A.642 Steam electric generating plant — Direct or not authorized to acquire other facilities or engage in retail distribution.

Nothing in RCW 43.21A.610 through 43.21A.642 shall authorize or empower the di rector to purchase or acquire any transmission or distribution system or facilities or to engage in the retail distribution of electric energy, or to purchase or acquire any operating hydroelectric generating plant owned by any city or district, or by a privately owned public utility, or which hereafter may be acquired by any city or district by condemnation.

[1988 c 127 § 23; 1965 c 8 § 43.21.410 . Prior: 1957 c 275 § 19. Formerly RCW 43.21.410 .]

## 43.21A.650 Freshwater aquatic weeds account.

The freshwater aquatic weeds account is hereby created in the state treasury. Expenditur es from this account may only be used as provided in RCW 43.21A.660 . Moneys in the account may be spent only after appropriation.

[1991 c 302 § 2.]

Notes:



## Findings -- 1991 c 302: "The legislature hereby finds t hat Eurasian water milfoil and other freshwater aquatic weeds can adversely affect fish populations, reduce habitat for desirable plant and wildlife s pecies, and decrease public recreational opportunities. The legislature further finds that the spread of freshwater aqu atic weeds is a statewide problem and requires a coordinated response among state agencies, local governments, and the public. It is therefore the int ent of the legislature to establish a funding source to reduce the propagation of Eu rasian water milfoil and other freshwater aquatic weeds and to manage the pr oblems created by such freshwater aquatic plants." [1991 c 302 § 1.]

Effective date -- 1991 c 302: "This act is necessary for the immediate preservation of the public peace, health, or safety, or sup port of the state gover nment and its existing public institutions, and shall take effect July 1, 1991, except section 3 of this act shall be effective for vehicle registrations that ex pire August 31, 1992, and thereafter." [1991 c 302 § 6.]

43.21A.660 Freshwater aquatic weeds management program.

*** CHANGE IN 2011 *** (SEE 2058-S.SL ) ***

Funds in the freshwater aquatic weeds account may be app ropriated to the department of ecology to develop a freshwater aquatic weeds management program. Funds shall be expended as follows:

(1) No less than two-thirds of the appropriated funds s hall be issued as grants to (a) cities, counties, tribes, special purpose districts, and state agencies to prevent, remove, re duce, or manage excessive freshwater aquatic weeds; (b) fund demonstration or pilot projects consistent with the purposes of this section; and (c) fund hydrilla eradication activities in waters of the state. Exc ept for hydrilla eradication activities, such grants shall only be issued for lakes, rivers, or streams with a public boat launching ramp or whic h are designated by the department of fish and wildlife for fly-fishing. The department shall give preference to projects having matching funds or in-kind services;

(2) No more than one-third of the appropriated funds shall be expended to:

(a) Develop public education programs relating to preventing the propagation an d spread of freshwater aquatic weeds; and

(b) Provide technical assistance to local governments and citizen groups; and(3) During the 2009-2011 fiscal biennium, the legislat ure may transfer from the fres hwater aquatic weeds account to the state general fund such amounts as re flect the excess fund balance of the account.

[2011 c 5 § 907; 1999 c 251 § 1; 1996 c 190 § 1; 1991 c 302 § 4.]

Notes:



## Effective date -- 2011 c 5: See note following RCW 43.79.487

. Findings -- Effective date -- 1991 c 302: See notes following RCW 43.21A.650

.

43.21A.662 Freshwater aquatic weed s management program — Advisory committee.

(1) The department shall appoint an advisory committee to oversee the freshwater aquatic weeds management program.

(2) The advisory committee shall incl ude representatives from the following groups:

(a) Recreational boaters interested in freshwater aquatic weed management;

(b) Residents adjacent to lakes, rivers, or streams with public boat launch facilities;

(c) Local governments;

(d) Scientific specialists;

(e) Pesticide registrants, as defined in *RCW 15.58.030 (34);

(f) Certified pesticide a pplicators, as defined in **RCW 17.21.020 (5), who specialize in the use of aquatic pesticides; and

(g) If ***chapter . . ., Laws of 1999 (Senate Bill No. 5315) is enacted by June 30 , 1999, the aquatic nuisance species coordinating committee.

(3) The advisory committee shall review and prov ide recommendations to the department on freshwater aquatic weeds management program activities and budget and esta blish criteria for grants f unded from the freshwater aquatic weeds account.

[1999 c 251 § 2.]

Notes:



## Reviser's note: *(1) RCW 15.58.030 was amended by 2000 c 96 § 1, changing subsection (34) to subsection (35). RCW 15.58.030 was subsequently amended by 2003 c 212 § 1, changing subsection (35) to subsection (36). RCW 15.58.030 was subsequently amended by 2011 c 103 § 35, changing subsection (36) to subsection (35).

**(2) RCW 17.21.020 was amended by 2001 c 333 § 1, changing subsection (5) to subsection (6), effective July 1, 2002.

***(3) Senate Bill No. 5315 (1999) was not enacted into law by June 30, 1999.

## 43.21A.667 Freshwater aquatic algae control account — Freshwater aquatic algae control program — Reports to the legisl ature (as amended by 2011 c 5).

(1) The freshwater aquatic algae control ac count is created in the state treasury. Moneys directed to the account from RCW (( 88.02.050 )) 88.02.560 must be deposited in the account. Expenditur es from the account may only be used as provided in this section. Moneys in the account may be spent only after appropriation.

(2) Funds in the freshwater aquatic algae control account may be appropriated to the department to develop a freshwater aquatic algae control program. Funds must be expended as follows:

(a) As grants to cities, counties, tribes, spec ial purpose districts, and stat e agencies to manage excessive freshwater algae, with priority for the treatment of lake s in which harmful algal blooms have occurred within the past three years; and during the 2009-2011 fiscal biennium to provide grants for sea lettuce research and removal to assist Puget Sound communities that are im pacted by hyperblooms of sea lettuce; ((and ))

(b) To provide technical assistance to app licants and the public about aquatic algae control; and

(c) During the 2009-2011 fiscal biennium, the legislat ure may transfer from the fres hwater aquatic algae control account to the state general fund such amounts as reflect the excess fund balance of the account

. (3) The department shall submit a biennial report to the appropriate legislative committees describing the actions taken to implement this section along with suggestions on how to better fulfill the intent of chapter 464, Laws of 2005. The first report is due December 1, 2007.

[2011 c 5 § 908; 2009 c 564 § 933; 2005 c 464 § 4.]

Notes:



## Effective date -- 2011 c 5: See note following RCW 43.79.487

. 43.21A.667 Aquatic algae control account — Freshwater and saltwater aquatic algae control program — Report to the legislature — Definition (as amended by 2011 c 169).

(1) The ((freshwater )) aquatic algae control account is created in the state treasury. Moneys directed to the account from RCW (( 88.02.050 )) 88.02.640 must be deposited in the account. Expenditures from the account may only be used as provided in this section. Moneys in t he account may be spent only after appropriation.

(2) Funds in the ((freshwater )) aquatic algae control account may be appr opriated to the department to develop a freshwater and saltwater aquatic algae control program and may be used to establish contingency funds for emergent issues . Funds must be expended as follows:

(a) As grants to cities, counties, tribes , special purpose districts, and state agencies: (i) T o manage excessive freshwater and saltwater nuisance algae, with priority for the treatment of lakes in which harmful algal blooms have occurred within the past three years; and ((during the 200 9

- 2011 fiscal biennium to provide grants )) (ii) for ((sea lettuce research )) freshwater and saltwater nuisance algae monitoring and removal ((to assist Puget Sound communities that are impacted by hyperblooms of sea lettuce )); and

(b) To provide technical assistance to ap plicants and the public about aquatic algae control.

(3) The department shall submit a biennial report to the appropriate legislative committees describing the actions taken to implement this section along with suggestions on how to better fulfill the intent of chapter 464, Laws of 2005. The first report is due December 1, 2007.

(4) For the purposes of this section, "saltwater nuisance algae" means native invasive algae (sea lettuce), nonnative invasive algae, and algae producing harmful toxins.[2011 c 169 § 2; 2009 c 564 § 933; 2005 c 464 § 4.]

43.21A.667 Freshwater aquatic algae control account — Freshwater aq uatic algae control program — Reports to the legislature (as amended by 2011 c 171).

(1) The freshwater aquatic algae control ac count is created in the state treasury. Moneys directed to the account from RCW (( 88.02.050 )) 88.02.640 must be deposited in the account. Expenditur es from the account may only be used as provided in this section. Moneys in the account may be spent only after appropriation.

(2) Funds in the freshwater aquatic algae control account may be appropriated to the department to develop a freshwater aquatic algae control program. Funds must be expended as follows:

(a) As grants to cities, counties, tribes, spec ial purpose districts, and stat e agencies to manage excessive freshwater algae, with priority for the treatment of lake s in which harmful algal blooms have occurred within the past three years; and during the 2009-2011 fiscal biennium to provide grants for sea lettuce research and removal to assist Puget Sound communities that are im pacted by hyperblooms of sea lettuce; and

(b) To provide technical assistance to ap plicants and the public about aquatic algae control.

(3) The department shall submit a biennial report to the appropriate legislative committees describing the actions taken to implement this section along with suggestions on how to better fulfill the intent of chapter 464, Laws of 2005. The first report is due December 1, 2007.

[2011 c 171 § 7; 2009 c 564 § 933; 2005 c 464 § 4.]

Notes:



## Reviser's note: RCW 43.21A.667 was amended three times during the 2011 legislative session, each wit hout reference to the other. For rule of construction concerning sections amended more than once during the same legislative session, see RCW 1.12.025

.

Intent -- Effecti ve date -- 2011 c 171: See notes following RCW 4.24.210

.

Effective date -- 2009 c 564: See note following RCW 2.68.020

. Findings -- Intent -- 2005 c 464: See note following RCW 88.02.560

.

43.21A.680 Solid waste plan advisory committee abolished.

The director of ecology shall abolish the solid wast e plan advisory committee effective July 1, 1994.

[1994 sp.s. c 9 § 804.]

Notes:



## Severability -- Headings and captions not la w -- Effective date -- 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902

.

## 43.21A.681 Geoduck aquaculture operations — Guidelines — Rules.

(1) The department of ecology shall develop, by rule, gui delines for the appropriate siting and operation of geoduck aquaculture operations to be included in any master progr am under this section. The guidelines adopted under this section must be prepared with the advice of the shellfish aquaculture re gulatory committee created in section 4, chapter 216, Laws of 2007, which shall serve as t he advisory committee for the dev elopment of the guidelines.

(2) The guidelines required under this section must be filed for public review and comment no later than six months after the delivery of the final report by the shellfish aquaculture re gulatory committee created in section 4, chapter 216, Laws of 2007.

(3) The department of ecology shall update the guide lines required under this section, as necessary, after the completion of the geoduck research by the sea grant progr am at the University of Washington required under RCW 28B.20.475

.

[2007 c 216 § 5.]



## 43.21A.690 Cost-reimbursement agreements.

(1) The department may enter into a written cost-reimbu rsement agreement with a permit applicant or project proponent to recover from the applicant or proponent the reasonable costs incurre d by the department in carrying out the requirements of this chapter, as we ll as the requirements of other relevant laws, as they relate to permit coordination, environmental review, application re view, technical studies, and permit processing.

(2) The cost-reimbursement agreement shall identif y the tasks and costs for work to be conducted under the agreement. The agreement must include a schedule that states:

(a) The estimated number of weeks for initial review of the permit application;

(b) The estimated number of revision cycles;

(c) The estimated number of weeks for review of subsequent revision submittals;

(d) The estimated number of billable hours of employee time;

(e) The rate per hour; and

(f) A date for revision of the agreement if necessary.

(3) The written cost-reimbursement agreement shall be negotiated with the permit applicant or project proponent. Under the provisions of a cost-reimbursement agreement, f unds from the applicant shall be used by the department to contract with an independent consultant to carry out the work covered by the cost-reimbursement agreement. The department may also use funds provided under a cost-reim bursement agreement to hire temporary employees, to assign current staff to review the work of the cons ultant, to provide necessary technical assistance when an independent consultant with comparable technical skills is unavailable, and to recover reasonable and necessary direct and indirect costs that arise from processing the permit. The department shall, in developing the agreement, ensure that final decisions that involve policy matters are made by the agency and not by the consultant. The department shall make an estimate of the number of perma nent staff hours to process the permits, and shall contract with consultants or hire temporary employees to replac e the time and functions committed by these permanent staff to the project. The billing process shall provide for accurate time and cost accounting and may include a billing cycle that provides for progress payments.

(4) The cost-reimbursement agreement must not negativ ely impact the processing of other permit applications. Inorder to maintain permit processing capacity, the agency ma y hire outside consultants, temporary employees, or make internal administrative changes. Consultants or te mporary employees hired as part of a cost-reimbursement agreement or to maintain agency capacity are hired as agen ts of the state not of the permit applicant. The restrictions of chapter 42.52 RCW apply to any cost-reimbursement agreement, and to any person hired as a result of a costreimbursement agreement.

[2009 c 97 § 8; 2007 c 94 § 10; 2003 c 70 § 1; 2000 c 251 § 2.]

Notes:



## Intent -- 2000 c 251: "It is the intent of the legi slature to allow applicants for environmental permits for complex projects to compensate permitting agencies for providing environmental review through the vo luntary negotiation of cost-reimbursement agreements with the permitting agency. It is the further intent of the legislatur e that costreimbursement agreements for complex projects free pe rmitting agency resources to focus on the review of small proj ects permits." [2000 c 251 § 1.]

Captions not law -- 2000 c 251: "Captions used in this act are not any part of the law." [2000 c 251 § 8.]

Effective date -- 2000 c 251: "This act is necessary for the immediate preservation of the public peace, health, or safety, or sup port of the state gover nment and its existing public institutions, and takes effect immedi ately [March 31, 2000]." [2000 c 251 § 9.]

43.21A.900 Chapter to be liberally construed.

The rule of strict construction shall hav e no application to this chapter and it shall be liberally construed in order to carry out the broad purposes set forth in RCW 43.21A.020

.

[1970 ex.s. c 62 § 27.]



## 43.21A.910 Savings — Permits, standards not affect ed — Severability — Effective date — 1970 ex.s. c 62.

See notes following RCW 43.21A.010

.