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# I VOLUME6

Titles60through74

2000

REVISEDCODEOFWASHINGTON

Publishedunder theauthorityofchapter1.08 RCW.

Containing all laws of a general and permanent nature through the 2000 second special session, which adjourned sine die April 27, 2000. 

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# • REVISEDCODE OFWASHINGTON

2000Edition

C>2000 State of Washington

CERTIFICATE

The 2000 edition of the Revised Code of Washington, published officially by the Statute Law Committee, is, in accordance with RCW 1.08.037, certified to comply with the current specifications of the committee.

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JOHN G.SCHULTZ,Chair, STATUTE LAW COMMITTEE 

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[Preface-pii) (2000 Ed.) 

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# • CHAPTER 70.1050 RCW

HAZARDOUS WASTE CLEANUP--MOOEL TOXICS CONTROLACT

Sections

70.105D.010 70.105D.020 70.105D.030 70.105D.040 70.105D.050 70.105D.060 70.105D.070 70.105D.080 70.105D.090

70.105D.900 70.105D.905 70.105D.910 70.105D.915 70.105D.920 70.105D.921

NOTES: Declaration ofpolicy. Definitions. Department's powers and duties. Standard of liability--Settlement. Enforcement. Timing of review. Toxics control accounts. Private right of action--Remedial action costs. Remedial actions--Exemption fromprocedural requirements. Short title--1989 c 2. Captions--1989 c 2. Construction--1989 c 2. Existing agreements--1989 c 2. Effective date--1989 c 2.**Sev~rability--1989** c 2.



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• Environmental certificationprograms--Fees--Rules--Liability: RCW 43.21A.175.

RCW 70.1050.010 Declaration ofpolicy. (1) Eachperson has

a fundamental and inalienable right to a healthful environment, and each person has a responsibility to preserve and enhance that right. Thebeneficial stewardship of the land, air, andwaters of the state is a solemnobligation of the present generation for the benefit offuture generations. (2) A healthful environment is now threatened by the irresponsible use anddisposal ofhazardous substances. There are hundreds ofhazardous waste sites in this state, andmore will be createdifcurrent waste practices continue. Hazardous waste sites threaten the state's water resources, including those**u~ed** for public drinkingwater. Many ofourmunicipal landfills are current

orpotential hazardous waste sites andpresent serious threats to human health and environment. The costs of eliminating these threats inmany cases are beyond the financial means ofour local governments and ratepayers. The mainpurpose ofchapter 2, Laws of 1989 is to raise sufficient funds to clean up all hazardous waste sites andto prevent the creationoffuture**hazard~** due to improper disposal oftoxic wastes into the state's land and waters. (3) Many farmers and small bysiness owners who have followed the law with respect to their uses of pesticides and other

. chemicals nonetheless may face devastating economic consequences because theiruses have contaminated the environment orthe water supplies oftheirneighbors. With a source of funds,the state may assist these farmers andbusiness owners, as well as those persons who sustain damages, such as the loss of their drinking water supplies, as a result of the contamination.

RCW (10/30/0 12:23) 1(4) It is in the publ I.c Is interest to efficiently use our finite landbase, to integrate our land use planning policies with

our clean-up policies, and to clean up and reuse contaminated industrial properties in order to minimize industrial development
pressures onundeveloped land and to make clean land available for future social use. (5) Because it is often difficult or impossible to allocate responsibility among persons liable for hazardous waste sites and because it is essential that sites be cleaned up well and expeditiously, eachresponsible person shouldbe liablejointly and severally. [1994 c 254 § 1; 1989 c 2 § 1 (Initiative MeasureNo. 97, approvedNovember 8, 1988).J

RCW 70.1050.020 Definitions. (1) "Agreed order" means an order issued by the department under this chapter with which the potentially liablepersonreceiving the order agrees to comply. An agreed ordermaybe used to require or approve any cleanup orother remedial actions but it is not a settlement under RCW 70.105D.040(4) and shall not contain a covenant not to sue, or provide protection from claims for contribution, or provide eligibility for public funding of remedial actions·under RCW 70.105D.070(2)(d)(xi). (2) "Department" means the department of ecology. (3) "Director" means the directorofecologyorthe director's designee. (4) "Facility" means (a) any building, structure, installation, equipment, pipe orpipeline (including anypipe into

a sewer or publicly owned treatment works), well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock, vessel, or aircraft, or (b) any site or

areawhere a hazardous substance, other than a consumerproduct in

consumer use, has been deposited, stored, disposed of, orplaced,

or otherwise come to be located. (5) "Federal cleanup law" means the federal Comprehensive environmental response, compensation, and liabilityact of 1980, 42 U.S.C. Sec. 9601 et seq., as amendedby Public Law 99-499. (6) "Foreclosure and its equivalents" means purchase at a foreclosure sale, acquisition, or assignment of**titl~** in lieu:of foreclosure, termination of a lease, or other repossession,·
acquisLt.Lon of a right ·totitle or possession, an agreement·in satisfaction of the obligation, or any other comparable formal or informal manner, whether pursuant to Law or under·warranties, covenants, conditions, representations, or promises from the borrower, bywhichthe holder acquires title to orpossession of a facility securing a loan or other obligation.

. (7) "Hazardous substance" means: (a) Any dangerous or extremelyhazardous waste as defined in RCW 70.105.010 (5) and (6), or anydangerous or extremelydangerous
waste.designatedby rule pursuant·to chapter 70.105 RCW;.

. (b) Any hazardous substance as defined in RCW 70.105.010(14)

or any hazardous substance as defined by rule pursuant to chapter 70.105 RCW;

. (c) Any substance that, on March 1, 1·989, is a: haaardous: substance under section 101(14) of the federal cleanup law, 42 U.S.C. Sec. 9601(14); (d) Petroleum orpetroleumproducts; and 

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RCW (10/30/0 12:23) [ 2 ]

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• (e) Any substance or category of substances, including solid
waste decompositionproducts, determinedbythe directorbyrule to present a threat to human health or the environment if released into the environment. The term hazardous substance does not include any of the following whencontained in anunderground storage tank from which there is not a release: Crude oil or any fraction thereof or petroleum, if the tank is in compliance with all applicable federal, state, and local law. (8) "Independent remedial actions"· means remedial actions conducted without department oversight or approval, and not under

an order, agreed order, or consent decree. (9) "Holder" means a person who holds iqdicia of ownership primarily to protect a security interest. Aholder includes the initial holder such as the loan originator, any subsequent holder such as a successor-in-interest or subsequent purchaser of the security interest on the secondary market, a guarantor of an obligation, surety, or any other person who holds indicia of ownershipprimarilytoprotect a security interest, or a receiver, court-appointed trustee, orotherperson who acts on behalfor for the benefit of a holder. Aholder can be a public or privately owned financial institution,.receiver, conservator, loanguarantor,

orother similarpersons that loanmoney orguarantee repayment of

a loan. Holders typically are banks or savings and loan institutions but may also include others such as insurance companies, pension funds, or private individuals that engage in loaning ofmoney or credit. (10) "Indicia of ownership" means evidence of a security interest, evidence of an interest in a security interest, or evidence of an interest in a facility securing a loan or other obligation, including any legal or equitable title to a facility acquired incident to foreclosure and its equivalents. Evidence of such interests includes, mortgages, deeds of trust, sellers interest ina real estate contract, liens, surety bonds, and guarantees ofobligations, title heldpursuant to a lease financing transaction in which the lessor does not select initially t.he leased**f~cility,** or legal or equitable title obtainedpursuant to foreclosure and theirequivalents. Evidence of such interests also includes assignments, pledges, orotherrights to orotherforms of encumbrance against the facility that are heldprimarilytoprotect

a security interest.

. . (11)**"Operatin~** a facility primarily to**prot~ct** a security interest" occurs when all ofthe following are met: (a) Operating the facility where the. borrower has defaulted on the loan or otherwise breached the security agreement;.·(b) operating the facility to preserve the value of the· facility as an ongoing business; (c) the operation is being done in anticipation of a sale, transfer, or assignment of the facility; and: (d) .the operation is being done primarily·to protect a security·int.erest. Operating a facility for longer than one yearprior to foreclosure

or its equivalents shall be presumed to be operating the facility for other than toprotect a security interest. (12)

."Owneroroperator" means:· (a) Anypersonwithanyownership interest in the facility

### or who exercises any control over the facility; or (b) 

### Tnthe case of an abandoned facility, anypersonwho had owned, oroperated, orexercisedcontrol overthe facility any time before its abandonment;

RCW (10/30/0 12:23) [ 3 ]The term does not include: (i) An agency of the state· orunit of local government which acquired ownership orcontrol involuntarilythroughbankruptcy, tax delinquency, abandonment, or circumstances in which the government involuntarily acquires title. This exclusion does not apply to an (-"./ agency ofthe state orunit of local government whichhas caused or contributed to the release or threatened release of a hazardous substance from the facility; (ii) Apersonwho, without participating in the management of

a facility, holds indicia of ownership primarily to protect the person's security interest in the facility. Holders after foreclosure and its equivalent andholders who engage in any of the activities identified in subsection. (13)(e) through (g) of this section shall not lose this exemption provided the holder complies with all of the following: (A) The holderproperlymaintains the environmental compliance

measures already in place at the facility; (B) The holder complies withthe reporting requirements inthe rules adoptedunder this chapter; (C) The holder complies with any order issuedto the holderby the department to abate an imminent or substantial endangerment; (D) The holder allows the department or potentially liable
persons under an order, agreedorder, or settlement agreement under this chapteraccess to the facility to conduct remedial actions and does not impede the conduct of such remedial actions; (E) Any remedial actions conducted by the holder are in compliance with any preexisting requirements identified by the department, or, if the department has not identified such requirements for the facility, the remedial actions are conducted consistent with the rules adopted under this chapter; and (F) The holder does not exacerbate an existing release. The (; exemption in this subsection (12)(b)(ii) does not apply to holders who cause orcontribute to a new release or threatened release or who are otherwise liable under RCW 70.105D.040(1) (b), (c), (d), and (e); provided, however, that a holder shall not lose this exemption if it establishes that any such new release. has been remediated according to the requirements of this chapter and that
any hazardous substances· remaining at the facility after remediation ofthe new release are divisible from suchnew release; (iii) Afiduciary in his, her, or its personal or individual capacity. This exemption does not preclude a claim against the
assets of the estate or trust administered bythe fiduciary or against a nonemployee agent or independent contractor retainedby

a fiduciary. This exemption also does not apply to the extent that

a person is liable underthis chapter independentlyofthe person's ownership as a fiduciary or for actions taken in a fiduciary capacitywhich cause or contribute to a new release or exacerbate

an existing release of hazardous substances. This exemption applies provided that, to the extent of the fiduciary's powers grantedby law orby the applicable governing instrument granting fiduciary powers, the fiduciary complies with all ofthe following: (A) The fiduciary properly maintains the environmental compliance measures already inplace at the**faci~ity;** (B) The fiduciary complies with the reporting requirements in the rules adopted under this chapter;

.(C) The fiduciary complies with any order issued to the 

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fiduciary by the department to abate an imminent or substantial / endangerment;

RCW (10/30/0 12:23) [ 4 ]

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• (D) The fiduciary allows the department orpotentially liable
persons under an order, agreed order, or settlement'agreement under this chapter access to the facility to conduct remedial actions and does not impede the conduct of such remedial actions; (E) Any remedial actions conducted by the fiduciary are in compliance with any preexisting requirements identified by the department, or, if the department has not identified such requirements for the facility, the remedial actions are conducted consistent with the rules adopted under this chapter; and (F) The fiduciary does.not exacerbate an existing release. The exemption in this subsection (12)(b)(iii) does not apply
to fiduciaries who cause or contribute to a new release or threatened release or who are. otherwise liable underRCW 70.105D.040(1) (b), (c), (d), and (e); provided however, that a fiduciary shall not lose this exemption if it establishes that any suchnewrelease has been remediated according to the requirements ofthis chapter and that(anyhazardous substances remaining at the facility after remediation of the new release are divisible from such new release. The exemption in this subsection (12)(b)(iii) also does not apply where the fiduciary's powers to comply with this subsection**(1~)** (b) (iii) are limitedby a governing instrument createdwith the objective purpose ofavoiding liabilityunder this**~hapter** or of avoiding compliance with this chapter; or (iv) Anyperson who has any ownership interest in, operates,

orexercises control overreal propertywhere a hazardous substance has come to be located solely as a result of migration ofthe hazardous substance to the real property-through the ground water from a source off the property, if: (A) The person can demonstrate that the hazardous substance has not been used, placed, managed, or otherwise handled on the property ina manner likely to cause or contribute to a release of the hazardous substance that has migrated onto the property; (B) Thepersonhas not caused.orcontributed to the release of the hazardous substance; (C) The person does not engage in activities that damage or interfere with the operation ofremedial actions installed on the person's property or engage in activities'that result in exposure ofhumans orthe environment to the contaminated groundwater that has migrated onto the property;

. (D) If requested, the person allows the

- department, potentially liable persons who are subject to an order, agreed order, orconsent decree, andthe authorized employees, agents, 'or
contractors of each, access to the property to conduct remedial actions required by the department. The person may.attempt to negotiate an access agreement before allowing access; and (E) Legal withdrawal of ground water does not disqualify a person from the exemption in this subsection (12)(b)(iv).

. (13) "Participation inmanagement" means exercising decisionmaking control over the borrower's operation of the facility, environmental compliance, orassuming ormanifesting responsibility for the overall management ofthe enterprise encompassing the dayto-day decision making of the enterprise. The termdoes not include any' of the f'oI''low.inqs (a) A.hoIder withthe mere capacityorability to influence, or the unexercised right to control facility operations; (b) a holderwho conduGts or requires a borrower to conduct an environmental audit or an environmental site assessment at the facility for which indicia of ownership is held; (c) a holder who requires a borrower to come

'RCW (10/30/0 12:23) [ 5 ]

### into compliance with any applicable laws or regulations at the facility for which indicia of ownership is held; (d) a holderwho requires a borrower to conduct remedial actions including setting minimumrequirements, but does not otherwise control ormanage the borrower's remedial actions orthe scope ofthe borrower's remedial actions except to prepare a facility for sale, transfer, or assignment; (e) a holder who engages in workout or policing activities primarily to protect the holder's security interest in the facility; (f) a holder who prepares a facility for sale, transfer, or assignment or requires a borrower to prepare a faciLi,ty for sale, transfer, or assignment; (g) a holder who operates a facility primarily to protect a security interest, or requires a borrowerto continue to operate, a facilityprimarilyto protect a security interest; and (h) a prospective holderwho, as

a conditionofbecoming a holder, requires an owner oroperatorto conduct an environmental audit, conduct an environmental site assessment, come into compliance with any applicable laws or regulations, or conduct remedial actions prior to holding a security interest is not participating in the management of the facility. (14) 

### "Person" means an individual, firm, corporation, association, partnership, consortium, joint venture, commercial entity, state government agency, unit of local government, federal government agency, or Indian tribe. (15) "Policing activities" means actions the holder takes to insure that the borrower complies with the terms of the loan or security interest or actions the holder takes or requires the borrower to take to maintain the value of the security. Policing activities include: Requiring the borrower to conduct remedial actions at the facility during the term of the security interest; requiring the borrower to comply or come into compliance with applicable federal, state, and local environmental and other laws, regulations, andpermits during the term of the security interest; securing orexercising,authoritytomonitororinspect the facility including,on-site inspections, or to monitor or inspect the' borrower's business or financial condition during the termofthe security'interest; ortaking other actions necessary to adequately police the loan or security interest such as requiring a borrower
to comply with any warranties, covenants, conditions, representations, orpromises fromthe borrower.

. (16) "Potentially liable person" means any person whomthe**dep~rtment** 

### finds,**b~sed** 

### on credible evidence, tobeiiable under RCW 70.105D.040. 

### The department shall give notice toany such person'and allow an opportunity.for comment before making the finding, unless an emergency requires otherwise.

. (17) 

### "Prepare a facility for sale, transfer, or assignment"

means to secure access to the facility; performroutine maintenance on' the facility; remove inventory, equipment, or structures; properly maintain environmental compliance measures already in place at the facility; conduct remedial actions'to clean up releases at,the ,facilitYi or to perform other similar activities, intended to preserve the value ofthe facility where the borrower .tias defaulted on the- loan or. otherwise breached the security

agreement or after foreclosure and its equivalents and- in anticipationofa pending sale, transfer, or assignment, primarily
to protect the holder's security interest in the'facility. A holdercanprepare a facility for sale, transfer, orassignment for
up to one yearprior to foreclosure and its equivalents and still 

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• stay within the security interest exemption in subsection (12)(b)(ii) of this section. (18) "Primarily to protect a security interest" means the indicia ofownership is heldprimarily for the purpose of.securing payment orperformance ofan obligation. The termdoes not include indicia of ownership held primarily for investment purposes nor indicia of ownership held primarily for purposes other than as protection for a security interest. A holder may have other, secondary reasons, for maintaining indicia of ownership, but the primary reason must be for protection of a security interest. Holding indicia ofownership after foreclosure or its equivalents for longer than five years shall be considered to be holding the indicia ofownership for purposes other than primarily to protect

a security interest. For facilities that have been'acquired through foreclosure or its equivalents priorto July 23,1995; this five-year period shall begin as ofJuly 23, 1995: (19) "PubLdc notice" means, at a minimum, adequate notice mailed to all persons who have made timely request of the department and to persons residing in the potentially affected vicinityoftheproposed action; mailed to appropriate news media; published in the newspaper of largest circulation in the city or county of the proposed action; and opportunity for.interested persons**to·~omment.** . (20) IIReleasell means any intentional orunintentional entryof
any hazardous substance into the environment, including but not limited to the abandonment or disposal of containers of hazardous. substances.

. (21) IIRemedyII or "remedial actionll means any action or expenditure consistent with·the purposes of this chapter to identify, eliminate, or minimize any threat or potential threat posed by hazardous substances to human health or the environment including any investigative andmonitoring activities with respect to any release or threatened release of a hazardous substance and
anyhealthassessments.orhealtheffects studies conducted in order
to determine the risk orpotential risk to human health. (22) "SecurLty interestII means an interest in a facility createdorestablishedfor the purpose of securing a loan orother obligation. Security interests include deeds of trusts, sellers interest in a real estate contract, liens, legal;'or equitable title to a facility acquired incident to foreclosure. and its equivalents, and title pursuant to lease financing transactions. Security interests may also arise from transactions such·as sale and leasebacks,

.conditional sales,' installment sales, trust receipt transactions, certain assignments, factoring agreements, accounts receivable financing arrangements, easements, and consignments, if the transaction creates or establishes an interest in a facility for the purpose of securing a loan orother obligation. (23) IIIndustrialproperties" means properties that are orhave been characterized by, or are to be committed to, traditional industrial uses such as processing ormanufacturing ofmaterials, marine terminal and' transportation areas and facilities,

.fabrication, assembly, treatment, ordistribution·ofmanufactured

products, or storage ofbulkmaterials, that are either:

. (a) Zoned for industrial use by a city or county conducting. landuse planning urider chapter 36.70ARCW; or (b) Forcounties not planningunder chapter 36.70ARCWandthe. cities within them, zoned for industrial use arid adjacent to· properties currentlyused ordesignated for industrial purposes.

RCW (10/30/0 12:23) [ 7 ](24) "Workout activities" means those actions by which a holder, at any timepriorto foreclosure and its equivalents, seeks
toprevent, cure, ormitigate a defaultbythe borrowerorobligor;

or to preserve, or prevent the diminution of, the value of the security. Workout activities include: Restructuring or**C~.**

# ; renegotiating the terms ofthe security interest; requiringpayment / of additional rent or interest; exercising forbearance; requiring

orexercising rights pursuant to an assignment ofaccounts·or other
amounts owedto an obligor; requiring orexercising rights pursuant to an escrow agreement pertaining to amounts owed to an obligor; providing specific or general financial or other advice, suggestions, counseling, orguidance; and exercising any right or remedy the holder is entitled to by law or under any warranties, covenants, conditions, representations, or promises from the borrower. (25)(a) "Fiduciary" means a person acting for the benefit of another party as a bona fide trustee; executor; administrator; custodian; guardian of estates or guardian ad litem; receiver; conservator; committee ofestates of incapacitatedpersons; trustee in bankruptcy; trustee, under an indenture agreement, trust agreement, lease, or similar financing agreement, for debt securities, certificates of interest or certificates of participation indebt securities, orotherforms of indebtedness as to which the trustee is not, in the capacity of trustee, the lender. Except as pr-ov.i.ded in subsection (12)(b)(ili) of this section, the liabilityofa fiduciary under this chapter shall not exceed the assets held in the fiduciary capacity. (b) "Fiduciary" doesnot mean:

. (i) Aperson acting as a fiduciary with respect to a trust or other fiduciary estate that was organized for the primarypurpose (\../' of, or is engaged in, actively carrying'on a trade orbusiness for profit, unless the trust or'other fiduciary estate was created as part of, or to facilitate, .one ormore estate plans orbecause of the incapacity of a natural person;

. (ii) Apersonwho acquires ownership or control ofa facility with the objective purpose of avoiding liability ofthe person or any other person. It is prima facie evidence that the fiduciary acquiredownership orcontrol ofthe facility to avoid liability if the facility is the only substantial asset in the fiduciary estate at the time the facility became subject to the fiduciary estate;· (iii) 

### Aperson who acts in capacity'other than that of a fiduciary or in a beneficiary capacity and in that capacity directly or indirectly' benefits from a trust. or fiduciary relationship;

. (iv) Apersonwho is a beneficiary and fiduciary with respect to the same fiduciary estate', andwho while acting as a fiduciary receives benefits that .exceedcustomaryorreasonable compensation, and incidental benefits permittedunder applicable law; (v) A person who is a fiduciary and receives benefits that substantially exceed customary or reasonable compensation, and incidental benefits permittedunder applicable law; or (vi) 

### Apersonwho acts in the capacity oftrustee of state or federal lands or resources.

. (26) "Fiduciary capacity" means the capacity of a .person holding.title to a facility, or otherwise having control of an interest in the facility'pursuant to the exercise of the ( \ responsibilities of theperson as a fiduciary. [1998 c 6 § 1; 1997

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• c 406 § 

### 2; 1995 c 70 § 

### 1; 1994 c 254 § 

### 2; 1989 c 2 § 

### 2 (Initiative Measure No. 97, approvedNovember 8, 1988).J

NOTES:

Findings--Intent--1997 c 406: 

### "The legislature finds that: (1) Engrossed Substitute House Bill No. 1810 enacted during the 1995 legislative session [1995 c 359] authorized establishment of the model toxics control act policy advisory committee, a twenty-two membercommittee representing a broadrange ofinterests including the legislature, agriculture, large and small business, environmental organizations, and local and state government. The committee was charged with the task of providing advice to the legislature and the department of ecology to more effectively implement the model toxics control act, chapter 70.105D RCW. (2) The committee members committed considerable time and effort to their charge, meeting twenty-six times during 1995 and 1996 to discuss and decide issues. In addition, the committee created four subcommittees that met over sixty times during this

same period. There were also numerous working subgroups and drafting committees formed on an ad hoc basis to support the committee's work. Many members of the public also attended these meetings and were provided opportunities to contribute to the committee deliberations. (3) The policy advisory committee completed its work and submitted a final report.to the department of ecology and the legislature on December 15,**1996~** 

### That report contains numerous recommendations for statutory changes that were agreed to by

consensus of the committee members or obtained broad support of
most of the committee members. Chapter 406, Laws of 1997 is intended to implement those recommended statutory changes." [1997

c 406 § 1.

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RCW 70.10SD.030 Department's powers and 

### duties. (1) 

### The department may exercise the following powers in addition to any otherpowers grantedby law:

. (a) Investigate, provide for investigating, or require potentially liable persons to investigate any releases or threatened releases of hazardous substances, including but not limitedto inspecting, sampling, ortesting to determine the nature

or extent of any release or threatened release. If there is a reasonable basis tobelievethat a release or**thr~atened relea~e**  

### of

a hazardous substance may exist, the department's ·authorized employees, agents, or contractors may enterupon.anyproperty and conduct investigations.

..The department shall give reasonable notice before enteringpropertyunless an emergencyprevents such notice. The depart.merit:mayby subpoena require the attendance or testimony of witnesses and the production of documents or other information that the department deems necessary; (b) Conduct, provide for conducting, or require potentially liable persons to conduct remedial actions (including

.investigations under (a) ofthis subsection) to remedyreleases or

threatenedreleases ofhazardous substances. In carrying out such
powers, the department's authorized employees, agents, or contractors may enter upon property. The department· shall give reasonable notice .before entering property unless an emergency prevents such notice

o.

### In conducting, providing for,

.or requiring

RCW(10j30jO 12:23) [ 9 

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### remedial action, the department shall give preference to permanent solutions to the maximumextent practicable and shall provide for

or require adequate monitoring to ensure the effectiveness ofthe remedial action; '(c) Indemnify contractors retained by the department for carrying out investigations and remedial actions, but not for any contractor's reckless orwilful misconduct; (d) Carryout all stateprograms authorizedunder the federal cleanup law and the federal resource, conservation, and recovery act, 42 U.S.C. Sec. 6901 et seq., as amended; (e) Classify substances as hazardous substances for purposes of RCW 70.105D.020(7) and classify substances and products as hazardous substances for purposes ofRCW 82.21.020(1); (f) Issue orders or enter into consent decrees or agreed orders that include, or issue written opinions under (i) of this subsection that may be conditioned upon, deed restrictions where
necessary to protect human health and the environment from a release or threatened release of a hazardous·substance from a facility. Prior to establishing a deed restriction under this subsection, the department shall notify and seek comment from a cityorcountydepartmentwith landuseplanning authority for real property subject to a deed restriction; (g) Enforce the application of permanent and effective institutional controls that are necessary for a remedial action to be protective ofhuman health and the environment; (h) Require holders to conduct remedial actions necessary to abate an imminent or substantial endangerment pursuant to RCW 70.105D.020(12)(b)(ii)(C) ; (i) Provide informal advice and assistance to persons regarding the administrative and.technical requirements of this chapter. This may include site-specific advice topersons who are conducting orotherwise interested in independent remedial actions. Any such advice orassistance shallbe advisory only, and shall not be binding on the department. Asa part ofproviding this advice and assistance for independent remedial actions, the department may prepare written opinions regardingwhetherthe independentremedial actions or proposals for those actions meet the substantive**require~ents** 

### of. this chapter**orwhet~er** 

### the department**believe~** 

### further remedial action is necessary at the facility. The department may collect, from persons requesting advice and assistance, the.costs incurredby the department inproviding such advice and assistance; however, the department shall, where appropriate, waive collection of costs in order to provide·an appropriate level of technical assistance in support of public participation. The state, the department and officers and employees ofthe state are immune from all liability, ahdno cause of action of any nature may arise from any act or omission in providing, or failing to provide, informal advice and assistance; and

. (j) Take any other actions necessary to carry out the provisions of this chapter, including the power to adopt rules under chapter 34.05 RCW.

. (2) The department shall immediately impiement all provisions of this chapter to the maximum extent practicable, including investigative and remedial actions where appropriate. The. department shall adopt, and thereafter enforce, rules underchapter 34.05 RCW to: 

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• (a) Provide for public participation, including at least (i) the establishment ofregional citizen's advisory committees, (ii) public notice ofthe development of investigativeplans orremedial plans for releases.or threatened releases, and (iii) concurrent public notice of all compliance orders, agreed orders, enforcement orders, ornotices ofviolation; (b) Establish a hazard ranking system for hazardous waste sites; (c) Provide for requiring the reporting by an owner or operator of releases of hazardous substances to the environment that may be a threat to human health or the environment within ninety days ofdiscovery, including such exemptions from reporting

as the department deems appropriate, however this requirement shall
not modifyany existing requirements provided for underother laws; (d) Establish reasonable deadlines not to exceed ninety days for initiating an investigation ofa hazardous waste site after the department receives notice or otherwise receives information that the site maypose a threat to human health or the environment and other reasonable deadlines for remedying releases or threatened releases at the site; (e) Publish and'periodicallyupdate minimum cleanup standards for remedial actions at least as stringent as the cleanup standards under section 121 ofthe federal cleanup law, 42 U.S.C. Sec. 9621, and at least as stringent as all applicable state and federal laws, including**health~based** standaids under state and federal law; and (f) Apply industrial clean-up standards at industrial**prop~rties.** Rules adoptedunder this·subsection shall ensure that industrial properties cleanedup to industrial standards cannot be converted to nonindustrial uses without approval from the department. The department may require that a property cleanedup to industrial standards is cleaned up to a more stringent applicable standard as a condition of conversion to a nonindustrial

use. Industrial clean-up standards may not be applied to industrial properties where hazardous substances remaining at the property afterremedial action.pose a threat to humanhealthor the environment in adjacent nonindustrial areas. (3). Before November 1st of each even-numbered year, the department shall develop, with public notice and hearing, and submit to the ways andmeans andappropriate standing environmental committees ofthe senate andhouse·ofrepresentatives a ranked list of projects and expenditures recommended for appropriation from

.both the state and local.toxics control accounts. The department

. shall alsoprovide the legislature andthe public eachyearwith an accounting. of the**de~artment's** activities' stipported by appropriations from the state toxics control account, including a list of known hazardous waste sites and their hazard rankLnqs

, actions taken and planned at each site, how the department ·is meeting its top two managementpriorities underRCW 70.105.150, and all funds expendedunder this chapter. (4) Thedepartment shall establisha scientific advisoryboard
to render advice to the department with respect to the hazard ranking system, cleanup standards, remedial actions, deadlines for remedial actions, monitoring, the'classification of substances as hazardous substances for purposes of RCW 70.105D.020(7) and the classification of substances or products' as hazardous substances· forpurposes ofRCW 82.21.020(1}. The board shall consist of five independent. members to serve

.staggered three-year terms. No members may be employees of the department. Members shall be

.RCW (10/30/0 12:23) [ 11 ]reimbursed for travel expenses as provided inRCW 43.03.050 and 43.03.060. (5) The department shall establish a program to identify potential hazardous waste sites and to encourage persons toprovide information about hazardous waste sites. [1997 c 406 § 3; 1995 c 

# C

70 § 2. Prior: 1994 c 257 § 11; 1994 c 254 

## s 3; 1989 c 2

## s 3 j (Initiative Measure No. 97, approved November 8, 1988).J

NOTES:

Findings--Intent--1997 c 406: 70.105D.020. See note following RCW**Severability~-1994** c 257: See note following RCW**36~70A.270.**

RCW 70.105D.040 Standard of liability--Settlement. (1) Except as provided in subsection (3) ofthis section, the following
persons are liable with respect to a facility: (a) The owner or operator of the facility; (b) Anypersonwho ownedoroperated the facility at the time of disposal or release of the hazardous substances; (c) Any person who owned or possessed a hazardous substance andwho by contract, agreement, or otherwise arranged for disposal

or treatment of the hazardous substance at the facility, or arrangedwitha transporter for transport for disposal ortreatment of the hazardous substances at the facility, orotherwise generated hazardous wastes disposed of or treated at the facility; (d) Any person (i) who accepts or accepted any hazardous substance for transport to a disposal, treatment, orother facility selected by such person from which there is a release or a**C~\** threatened release for which remedial action is required, unless/ such facility, atthe time ofdisposal or treatment, could legally receive such substance; or (ii) who accepts a hazardous substance for transport to such a facility and has reasonable grounds to believe that such facility is not operated in accordance with chapter 70.105 RCWi and (e) Any person who both sells a hazardous substance and is responsible for written instructions for its use if (i) the substance is used according to the instructions and (ii) the use constitutes a release for which remedial action is required at the facility.

. . (2) Eachpersonwho is liable under this section is strictly liable, jointly and severally, for all remedial action costs and for all natural resource damages resulting from the releases or threatenedreleases ofhazardous substances. The attorneygeneral,
at the request ofthe department, is empoweredto recover all costs and damages from persons liable therefor. (3) The following persons are not liable under this section: (a) Any person who can establish that the release or threatened release of a hazardous substance for which the person wouldbe otherwise responsible was caused solelyby: (i) An act ofGod; (ii) An act ofwar; or (iii) An act oromission of a thirdparty (includingbut not· limitedto a trespasser) other than (A) an employee or agent of the ( ;

.. person asserting the defense, or (B) any person whose act or /' omission occurs in connection with a contractual relationship

RCW (10/30/0 12:23) [ 12 

### J

# •

•

• existing, directly or indirectly, with the person assertirig this defense to liability. This defense only applies where the person asserting the defense has exercised the utmost care withrespect to the hazardous substance, the foreseeable acts or omissions of the third party, and the foreseeable consequences of those acts or omissions; (b) Anyperson who is an owner, past owner, orpurchaser of a facility and who can establish by a preponderance of**th~** evidence that at the time the facility was acquired by the person, the
person had no knowledge or reason to know that any hazardous substance, the release;or threatened release of which has resulted in or contributed to the need for the remedial action, was released

or disposed ofon, in, or at the facility. This subsection (b) is limited as follows: (i) To establish that a person had no reason to know, the
person must have undertaken, at the time of acquisition, all appropriate inquiry into the previous ownership and uses of the property, consistent with good commercial or customarypractice in

an effort to minimize liability. Any court interpreting this subsection (b) shall take into account any specializedknowledge or experience on the part of the person, the relationship of the purchase price to the value of the property if uncontaminated, commonly known or reasonably ascertainable information about the property, the obviousness of the ·presence or likely presence of contamination at the property, and the ability to detect such contamination by appropriate inspection; (ii) The defense contained in this subsection (b) is not available to anyperson who had**actua~** knowledge of the release or threatened release of a hazardous substance when the person owned the real property andwho subsequently transferred ownership of the. propertywithout first disclosing suchknowledge to the transferee; (iii) The defense contained in this subsection (b) is not available to any person who, by any act; or omission, caused or contributed to the release or threatened release of a hazardous substance at the facility; (c) Anynatural personwho uses a hazardous substance lawfully and without negligence for. anypersonal or domestic purpose inor·

near a dwelling or accessory structure when that person is: (i) A resident ofthe dwelling; (ii) a person who, without compensation, assists the resident in the use ofthe substance; or (iii) a person who is employed by the resident, but who is··not an independent contractor;

. . (d) Any person·who, for.the purpose of growing food crops, applies pesticides or. fertilizers without negligence and in accordance with all applicable laws and regulations. (4) There may be no settlement by the state with any person potentially liable under this chapter except in accordance with this section.

. (a) The attorney general may agree to a settlement with any potentially liable person only if the department finds, after public notice and any required hearing, that the ·proposed settlement would lead to a more expeditious cleanup of hazardous

.substances in compliance with cleariupstandards under. RCW.

70.105D.030(2)(e) and with·any remedial orders iSSJlE!d by the department. Wheneverpracticable and in the public interest, the attorney general may expedite such a settlement withpersons whose contribution is insignificant in amount and toxicity. A hearing

RCW (10/30/0 12:23) [ 13 ]shall be required only if at least ten persons request one or if the department determines a hearing is necessary. (b) Asettlement agreementunder this section shall be entered

as a consent decree issuedby a court of competentjurisdiction. (c) Asettlement agreement may contain a covenant not to sue**C·~/** only of a scope commensurate withthe settlement agreement in favor of anypersonwithwhomthe attorney general has settledunder this section. Any covenant not to sue shall contain a reopener clause which requires the court to amend the covenant not to sue if factors not known at the time of entry of the settlement agreement

are discovered and present a previously unknown threat to human health or the environment. (d) Apartywho has resolved its liability to the state under this section shall not be liable for claims for contribution regarding matters addressed in the settlement. The settlement does
not discharge any of the other liable parties but it reduces the total potential liabilityofthe others to the state by the amount ofthe settlement. (e) If the state has entered into a consent decree with an

owner or operatorunder this section, the state shall not enforce this chapter against any owner or operator who is a successor in interest to the settling party unless under the terms of the
consent decree the state couldenforce against the settling**party~** if: (i) The successorowneroroperator is liable withrespect to the facility solely due to that person's ownership interest or operator status acquired as a successor in interest to the owner or operatorwithwhomthe state has entered into a consent decree; and (ii) The stay of enforcement under this subsection does not apply if the consent decree was based on circumstances unique to the settling party that do not exist with regard to the successor (.--; in interest, such as financial hardship. For consent decrees "'-./ entered into before July 27, 1997, at the request of a settling party or a potential successor owner or operator, the attorney**gene~al** shall issue a written opinion on whether a consent decree contains suchunique circumstances. Forall other consent decrees, suchunique circumstances shall be specifiedin the consent decree. (f)·Anypersonwho is not subject to enforcement by the state under (e) of this subsection· is not liable for claims for contribution regarding matters addressed in the settlement. (5)(a) In·additionto the settlement authorityprovidedunder subsection (4) of this section, the attorney general may agree to

a settlementwith a personnot currently liable for remedial action
at a facility who proposes to purchase, redevelop, or reuse the**facility~** provided that: (i) The**settle~ent** will yield substantial new resources to facilitate cleanup; (ii) The settlement will expedite remedial action consistent with the rules adoptedunder this chapter; and (iii) Based on available information, the department determines that the redevelopment or reuse of the facility is not likely to contribute to the existing release or threatenedrelease, interfere withremedial actions that may be needed at the site, or increase health risks topersons at or in the vicinity ofthe site. (b) The legislature recognizes that.the state does not have adequate resources to participate in all property transactions ( ) involving contaminated property. The primary purpose of this ./ subsection (5) is to promote the cleanup and reuse of vacant or

RCW (10/30/0 12:23) [ 14 ]

# • abandoned commercial or industrial contaminated property. The attorney general and the department may give priority to settlements that will provide a substantial public benefit, including, but"not limited to the reuse of a vacant orabandoned manufacturing or industrial facility, or the development of a facility by a governmental entity to address an important public
purpose. (6) Nothing in this chapteraffects ormodifies in anyway any person's right to seek or obtain relief under other statutes or under common law, including but not limited to damages for injury

or loss resulting from a release or threatened release of a hazardous substance. No settlement by the department or remedial action ordered by a court or the department affects any person's right to obtain a remedyunder common law orother statutes. [1997

c 406 § 4; 1994 c 254 § 4; 1989 c 2 § 4 (InitiativeMeasureNo. 97, approvedNovember 8, 1988).J

NOTES:

Findings--rntent--1997 c 406: 70.105.0.020. See note following RCW



# •

• RCW 70.10SD.OSO Enforcement. (I) With respect to any release, or threatened release, for which the department does not conduct or contract for conducting remedial action and for which the department believes remedial action is in the public interest, the director shall issue orders or agreed orders requiring potentially liable persons to provide the remedial action. Any liablepersonwho refuses, without.sufficient cause, to comply with

an order or agreed order of the director is liable in an action brought by the attorney general for: (a) Upto three times the amount of any costs incurredby the
state as"a result of·the party's refusal to comply; and (b) Acivilpenaltyofup to twenty-five thousand dollars for each day the party refuses to comply.

_ The treble damages and civil penaltyunder this subsection apply to all recovery actions filed on or afterMarch 1, 1989. (2) Anypersonwho incurs costs complyingwith anorder issued under subsection (I) of this section may petition the department for reimbursement of those costs. If the department refuses to grant reimbursement, the person may within thirty days thereafter" file suit and recover costs by proving that he or she was nQt a liable person under RCW 70.105D.040 and that the costs incurred

were reasonable.

. (3) The attorney general shall seek, by filing.an action if
necessary, to recover the amounts spent by the department·for investigative and remedial actions and orders, and agreed orders, including amounts spent prior to March 1, 1989. " (4) The attorney general may bring an action to secure such reliefas is necessarytoprotect human health and the environment under this chapter. (5)(a) Any person may commence a civil action to compel the department toperformanynondiscretionarydutyunderthis chapter. 

## At least thirtydays before commencing the action, the person must give notice of intent to sue, unless a substantial endangerment exists. The courtmayaward attorneys'fees and othercosts to the prevailingparty in the action

.

.RCW (10/30/0 12:23) [ 15 

### J(b) Civil actions under this section and RCW 70.105D.060 may be brought in the superior court of Thurston county or of the county inwhichthe release orthreatenedrelease exists. [1994 c 257 § 12; 1989 c 2 § 5 (Initiative Measure No. 97, approved November 8, 1988).J

NOTES:

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

RCW 70.105D.060 Timing of review. The department's investigative and remedial decisions under RCW 70.105D.03Q and 70.105D.050 and its decisions regarding liable persons under RCW *70.105D.020(8) and 70.105D.040 shall be reviewable exclusively in superior court and only at the following times: (1) In a cost recovery suit under RCW 70.105D.050(3); (2) in. a suit by the department to enforce anorderor an agreed order, or seek a civil penaltyunder this chapter; (3) in a suit for reimbursement under RCW 70.105D.050(2); (4) in a suit by the department to compel investigative orremedial action; and (5) in a citizen's suit under RCW 70.105D.050(5). The court shall uphold the department's actions unless they were arbitrary and capricious. [1994 c 257 § 13; 1989 c 2 § 6 (Initiative Measure No. 97, approvedNovember 8, 1988).J

NOTES: 

# c

*Reviser's note: RCW 70.105D.020 was amendedby 1994 c 254 § 2, changing subsection (8) to subsection (9); andwas subsequently amendedby 1995 c 70 § 1, changing subsection (9) to subsection (; (15); and was subsequently amended by 1997 c 406 § 2, changing / .subsection (15) to**subsect~on** (16).

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

RCW 70.105D.070 Toxicscontrol accounts. (i) The state toxies control account and the**loc~l** toxics control account are hereby created in the state treasury.·· (2) The following moneys shall be deposited into the state toxics control account: (a) Those revenues which are raisedby the
tax imposedunderRCW 82.21.030 and which are attributable to that portion of the rate equal to thirty-three one-hundredths of one percent; (b) the costs of remedial actions recovered under this chapter or chapter 70.105A.RCW;o (c)

.penalties collected or recovered**und~r** this chapter; and (d) any othermoney appropriated

or transferred to the account by the legislature. Moneys. in the
accountmaybeused onlyto carryout the purposes ofthis.·chapter, includingbut not·limited to the following activities: (i) The state's responsibility for hazardous waste planning, management, regulation, enforcement, technicar assistance, and public education requiredunder chapter 70.105 RCW; (ii) The state's responsibility for solid waste planning,.· management"; regulation, enforcement, technical assistance and public education requiredunder chapter 70.95 RCW; ( ; (iii) Thehazardous waste cleanup programrequired under this / chapter;

RCW (10/30/0 12:23) [ 16 

### J

# •

•

• (iv) State matching funds required under the federal cleanup law; (v) Financial assistance for local programs in accordance with chapters 70.95, 70.95C, 70.951, and 70.105 RCW; (vi) State government programs for the safe reduction, recycling, or disposal ofhazardous wastes from households, small businesses, and agriculture; (vii) Hazardous"materials emergency response training; (viii) Water "and environmental health protection and monitoringprograms; (ix) Programs authorized under chapter 70.146 RCW; (x) Apublic participationprogram, including regional citizen advisory committees; (xi) Public funding to assist potentially liable persons to pay for the costs of remedial action in compliance with cleanup standards underRCW 70.105D.030(2)(e) but only when the amount and
terms of such funding are establishedunder a settlement agreement under RCW 70.105D.040(4) and when the director has found that the funding will achieve both (A) a substantially more expeditious or enhanced cleanup thanwouldotherwise occur, and (B) the prevention

ormitigation ofunfair economic hardship; and (xii) Development anddemonstration of alternative management techriologies designed to carry out the top two hazardous waste management priorities ofRCW 70.105.150. (3) The following moneys shall be deposited into the local toxics control account: Those revenues which are raisedby the tax imposed under RCW 82.21.030 and which are attributable to that portion of the rate equal to thirty-seven one-hundredths of one percent. (a) Moneys deposited in the local toxics control account shall be usedbythe department for grants or loans to local governments for**th~** following purposes in descending order of priority: (i) Remedial actions; (ii) hazardous waste plans and programs under chapter 70.105 RCW; (iii) solid waste plans and programs under chapters 70.95, 70.95C, 70.951, and 70.105 RCW; and (iv) funds for

a program to assist in the assessment and cleanup of sites of methamphetamine production, but not to be used for the initial containment of such"sites, consistent with the responsibilities and intent of RCW 69.50.511. Funds for plans and programs shall be allocatedconsistentwiththe priorities and matching requirements established in chapters 70.105, 70.95C, 70.951, and.70.95 RCW. During the 1999-2001 fiscal biennium, moneys in the account may also be used for the following activities: Conducting a study of whether dioxins occur in fertilizers, soil amendments,"and soils; reviewing applications for registration of fertilizers; and conducting a study ofplant uptake ofmetals. (b) Fundsmay alsobe appropriated to the department ofhealth
to implement programs to reduce testing requirements under the federal safe drinking water act for**publi~** water systems.**Th~** department ofhealth shall reimburse the account from fees assessed under RCW 70.119A.115 byJune 30, 1995. (4) Except for unanticipated receipts under RCW 43.79.260 through 43.79.282, moneys in the state and local toxics control
accounts may be spent only after appropriation by statute.

. (5) One percent of the moneys deposited into the state and local taxics control accounts shall be allocated only for public participation grants topersons who maybe adversely affected by a release orthreatenedrelease ofa hazardous substance and to notRCW (10/30/0 12:23) [ 17 

### ifor-profit public interest organizations. The primarypurpose of these grants is to facilitate the participation by persons and organizations in the investigation and remedying of releases or threatened releases of hazardous substances and to implement the state's solidandhazardous waste management priorities. However, 

# C

during the 1999-2001 fiscal biennium, funding may notbe granted to j entities engaged in lobbying activities, and applicants may not be awarded grants iftheircumulative grant awards under this section exceed two hundred thousand dollars. No grant may exceed sixty thousand dollars. Grants may be renewed annually. Moneys appropriated for public participation from eitheraccountwhich are not expended at the close of anybiennium shall revert to the state toxics control account. (6) Nomoneys deposited into either the state or local taxies control account may be used for solidwaste incinerator feasibility studies, construction, maintenance, or operation. (7) The department shall adopt rules for grant or loan issuance andperformance. [2000 2nd sp.s. c 1 § 912; 1999 c 309 § 923. Prior: 1998 c 346 § 905; 1998 c 81 § 2; 1997 c 406 § 5; 1994

c 252 § 5; 1991 sp.s. c 13 § 69; 1989 c 2 § 7 (Initiative Measure No. 97, approved November 8, 1988).J

NOTES:

Severability--Effective date--2000 2nd**sp~s.** c 1:. Seenotes followingRCW 41.05.143.

Severability--Effectivedate--1999 c 309: See notes following RCW 41.45.063.

Construction--Severability--Effective date--1998 c 346: See (\
notes following RCW 50.24.014.**.~.**
Local governments--Increased service--1998 c 81:· "Ifthis act mandates an increased level of service by local governments,the local government may, under RCW 43.135.060 and chapter 4.92 RCW, submit claims for reimbursement by the legislature.''The.cLai.ms shall be subject to verification by the office'of financial management." [1998 c 81 § 3.J

Findings--Intent--1997 c 406:

, 70.105D.020. See note following RCW,

Finding--Effectivedate--1994 c 252: See notes followingRCW 70.119A.020.

Effective**dates--Sev~~ability--1991** sp.s. c 13: following RCW 18.08.240. See 'notes

RCW 70.105D.080Private right of action--Remedial,action
costs. Except as provided inRCW 70.105D.040(4) (d) and (f), a '
personmay bring a private right of action, including a'claim'for contribution or for declaratory relief, against any otherperson liable under RCW 70.105D.040for the recovery of remedial action
costs. In the action, natural resource damages paid to the state under this chaptermay also be recovered. Recovery shall be based ()

on suchequitable factors as the court determines are**appropriate~**
RCW (10/30/0 12:23) [ 18 

### J

# • Remedial action costs shall include reasonable attorneys' fees and
expenses. Recovery of remedial action costs shall be limited to those remedial actions that, when evaluated as a whole, are the substantial equivalent of a department-conducted or departmentsupervised remedial action. Substantial equivalence shall be determinedbythe court with reference to the rules adoptedby the department under this chapter. Anactionunder this sectionmay be brought after remedial action costs are incurred but must be brought within three years from the date remedial action confirms cleanup standards are met or within one year of May "12, 1993, whichever is later. The prevailing party in such an action shall

recover its reasonable attorneys' fees and costs. This section applies to all causes of action**~egardless** of when the cause of actionmayhave arisen. To the extent a cause ofactionhas arisen prior to May 12, 1993, this section applies retroactively, but in all otherrespects it applies prospectively. [1997 c 406 § 6; 1993

c 326 § 1.]

NOTES:

Findings--Intent--1997 c 406: 70.105D.020. See note following RCW"



# •

• Effective date--1993 c 326: "This act is necessary for" the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [May 12, 1993];" [1993 c 326 § 2.]

Severability--1993 c 326: "If any provision ofthis act or its application to anyperson or circumstance is held invalid, the remainder of the act or the application of the provision to other
persons orcircumstances is not affected." [1993 c 326 § 3.]

RCW 70.10SD.090 Remedial actions--Exemption fromprocedural requirements. (1) A person conducting a remedial action at a· facility under a consent decree, order, or agreed order, and the department when it conducts a remedial action, are exempt from the procedural requirements of chapters 70.94, 70.95, 70.105,*75.20, 90.48, and 90.58 RCW, and the procedural requirements of"any laws requiringorauthorizing local government permits or approvals for the remedial action. The department shall ensure compliance with the substantive provisions of chapters**70.94~"** 70.95, 70.105, *75.20, 90.48, and 90.58 RCW, andthe substantiveprovisions of any laws requiring or authorizing local"government permits of approvals. The department shall establish procedures for ensuring that suchremedial actions complywith the substantiyerequirements adopted pursuant to such laws, and shall consult with the state agencies and local governments charged with implementing these laws. The procedures shall provide an opportunity for comment by the public and by the state agencies and local governments that would otherwise implement the laws referenced in this section. Nothing in this section is intended to" prohibit LmpLement.Lnq

. agencies from chargirtg a fee to the person conducting the remedial action to defray the" costs of services rendered relating to"the substantive reqUirements for the remedial action.

RCW (10/30/0 12:23) [ 19 ]

### (2) An 

### exemption in this section or in RCW 70.94.335, 70.95.270, 70.105.116, **75.20.025, 90.48.039, and 90.58.355 shall
not apply if the department determines that the exemption would result in loss ofapproval from a federal agency necessary for the

state to administerany federal law, including the federal resource 

# c./·

.. conservation and recovery act, the federal clean water act, the

. federal clean air act, and the federal coastal zonemanagement act. Such a determination by the department shall not affect the applicabilityofthe exemptions to other statutes specified in this section. [1994 c 257 § 

### 14.]

NOTES:

Reviser's note: *(1) Chapter 75.20 RCW was recodified as chapter 77.55 RCW by 2000 c 107. See Comparative Table for that chapter in the Table ofDisposition of FormerRCW Sections, Volume


### o. **(2) RCW 75.20.025 was recodified as RCW 77.55.030 pursuant to 2000 c 107 § 

### 129.

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

RCW 70.1050.900 Short title--1989 c 2. This act shall be known as "the model toxics control act." [1989 c 2 § 

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

RCW 70.1050.905 Captions--1989 c 2. As used in this act, captions constitute nopart ofthe law. [1989 c 2 § 

### 21 (Initiative Measure No. 97, approvedNovember 8, 1988).]

RCW 70.1050.910 Construction--1989 c 2. The provisions of this act are to be liberally construed to effectuate the policies and purposes of this act. In the event of conflict between the provisions of this act and any other act, the provisions of this.
act shall govern. [1989 c 2 § 

### 19 (Initiative Measure No. 97, approvedNovember 8, 1988).]

RCW 70.1050.915 orders and decrees in andbinding. [1989 c November 8, 1988).] Existingagreements--1989 c 2. effect onMarch 1, 1989, shall 2 § 

### 20 (Initiative Measure No. The consent remain valid 97, approved

RCW 70.1050.920 Effective date--1989 c 2. (1) Sections 1 through 24 ofthis act shall take effectMarch 1, 1989, except that the director of ecology and the director of revenue may take whatever actions maybe necessary to ensure that sections 1 through 24 of this act are implemented on their effective date. *(2) This section does not apply and shall have no force or effect if (a) this act is passed by the legislature in the 1988 regular session or (b) no bill is enacted by the legislature involvinghazardous substance cleanup {alongwith anyother subject (\

m 2a

6tt{e 

### Ir).**~etv.:eenMAugust** 

### INS, 199787, and JanduNary rob l

, 

### 198 88'198[1 89)89] c 2

## s .:

.nltlatlve easure o. , approve ove er ,. .

RCW (10/30/0 12:23) [ 20 ]

# •

•

• NOTES:

*Reviser's note: Neither condition contained in subsection (2) was met.

RCW70.10SD.921 Severability--1989 c 2. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to otherpersons or circumstances is not affected. [1989 c 2 § 18 {Initiative Measure No. 97, approved November 8, 1988).J

RCW (10/30/0 12:23) [ 21