• Chapter 70.105 RCW

HAZARDOUS WASTE MANAGEMENT

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Sections

70.IOS.OOS

70.IOS.007

70.IOS.01O

70.IOS.Q20

70.IOS.030

70.IOS.03S

70.IOS.04O

70.\OS.OSO

70.IOS.06O

70.\OS.070

70.IOS.080

70.IOS.08S

70.IOS.09O

70.IOS.095

70.105.097

70.105.100

70. lOS.!OS

70.\OS.I09

70.IOS.110

70.\05.111

70.\OS.112

70.IOS.116

70.105.\20

70.\05.130

70.105.135

70.\OS.I40

70.\OS.\45

70. 10S.\ 50

70.105.160

70.\OS.l6S

70.105.170

70.105.180

70.105.200

70.105.210

70.105.2IS

70.105.217

70.105.220

70.105.221

70.l0S.225

(1994)

Legislative declaration.

Purpose.

Definitions.

Slalldards and regulations-Adoption-Notice and

hearing-Consultation with other agencies.

List and information to be furnished by depositor of

hazardous waste-Rules and regulations.

Solid wastes-eonditionally exempt from chapter.

Disposal site or faciliry-e-Acquisiticn-s-Dispcsal fee

schedule.

Disposal at other than approved site prohibitedDisposal of radioactive wastes.

Review of rules. regulations. criteria and fee schedules.

Criteria for receiving waste at disposal site.

Violatious-e-Civil penalties.

Violations-eriminal penalties.

Violations-Gross misdemeanor.

Violations-Qrders-Penalty for noncomplianceAppeal.

Action for damages resulting from violationAnomeys' fees.

Powers and duties of depanment.

Duty of depanment to regulate PCB waste.

Regulation of wastes with radioactive and hazardous

components.

Regulation of dangerous wastes as.sociaIed with energy

facilities.

Radioactive wastes-Authority of depanment of social

and health services.

Application of chapter to special incinerator ash. .

Hazardous subswK:e remedial actions-ProceduraJ

requirements not applicable.

Authority of attorney general.

Department's powers as designated agency under

federal act.

Copies of notification forms or annual reports to officials responsible for fire protection.

Rules implemented under RCW 70.10S.13~eview.

Department's authority to participate in and administer

federal act.

Declaralion-Management of hazardous wastCPriorities-Definitions.

Waste management study-Public hearings-Adoption

or modification of rules-Reconunendations to

legislature.

Disposal of dangerous wastes at commercial off-site

land disposal facilities-Limitations.

Waste managemeut-Consu!tative services-Technical

assistanee-confidentiaJity.

Disposition of fines and penalties-Earnings.

Hazardous waste managemem plan.

Hazardous waste managemem facilities-Department

to develop criteria for siting.

Department to adopt rules for permits for hazardous

substances trealJllelIt facilities,

Local government regulatory authority to prohibit or

condition.

Local governments to prepare local hazardous waste

plans-Basis-Elements required.

Local govemments to prepare local hazardous waste

plans-Used oil recycling element

Local governments to designate zones-Depanrnenrai

guidelines-Approval of local govemmem zone

designations or amendments-Exemption.

70.IOS.230 Local governments to submit letter of intent to identify

or designate zones and submit managemem

plans-Departmetlt to prepare plan in event of

failure to acl.

70.IOS.23S Grants to local governments for plan preparabOD,

implementatiOD,and designation of ZODCIMatching funds~ua1ifieations.

70.\OS.240 State preemption-Oepanment sole authority-Loca1

requiremeDIS superseded--State authority over

designated zone facilities.

70.IOS.24S Deparunent may require notice of intent for

ment facility pennit.

70.l0S.25O Appeals to pollution control hearings board.

70.IOS.2SS Deparunent to provide technical assistance with local

plans.

70.IOS.260 Depanment to assist conflict resolution activities rdated to siting facilities-AgreemenlS may constitute

conditions for permit.

70.IOS.270 Requirements of RCW 70.105.200 through 70.105.230

and 70.IOS.24O(4) not mandatory without legislative appropriation. .

70.105.280 Service charges.

70.l0S.300 Metals mining and milling operations pennitsInspections by departlDCDt of ecology.

70.10S.900 Short tide-1985 c 448.

Hazardous materials incidents. handling and liability: RCW 70.136.010

through 70.136.070.

HlWUdous wasre feu: Chapter 70.105B RCW.

Radioactive and hazardous ....aste emergency response progranu. SUJU

coordinator: RCW 38.52.030.

Transport of hazardous materials. slate patrol authority I1IIer: Clutprer

46.48 RCW.

RCW 70.105.005 Legislative declaration. The

legislature hereby finds and declares:

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

depend on clean and pure environmental resources unaffected by hazardous waste contamination. At the same time. the

quality of life of the people of the state is in part based upon

a large variety of goods produced by the economy of the

state. The complex industrial processes that produce these

goods also generate waste byproducts, some of which are

hazardous to the public health and the environment if

improperly managed.

(2) Safe and responsible management of hazardous

waste is necessary to prevent adverse effects on the environment and to protect public health and safety.

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

environmentally sound facilities for. the management of

hazardous waste is essential to protect public health and the

environment and to preserve the economic strength of the

state.

(4) Strong and effective enforcement of federal and state

hazardous waste laws and regulations is essential to protect

the public health and the environment and to meet the

public's concerns regarding the acceptance of needed new

hazardous waste management facilities.

[eb. 70.1OS--tt- 1]
RCW 70.105.007 Purpose. The purpose of this

chapter is to establish a comprehensive state-wide framework

for the planning, regulation. control. and management of

hazardous waste which will prevent land. air. and.water

pollution and conserve the natural. economic. and energy

resources of the state. To this end it is the purpose of this

chapter:

(I) To provide broad powers of regulation to the

department of ecology relating to management of hazardous

wastes and releases of hazardous substances;

(2) To promote waste reduction and to encourage other

improvements in waste management practices;

(3) To promote cooperation between state and local

governments by assigning responsibilities for p=:::!or.

hazardous wastes to the state and planning for m . I ')

waste to local government; '--_J

(4) To provide for prevention of problems related to

improper management of hazardous substances before such

problems occur; and

(5) To assure that needed hazardous waste management

facilities may be sited in the state. and to ensure the safe

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

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

RCW 70.105.010 Dermitions. The words and phrases

defined in this section shall have the meanings indicated

when used in this chapter unless the context clearly requires

otherwise.

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

(2) "Director" means the director of the department of

ecology or the director's designee.

(3) "Disposal site" means a geographical site in or upon

which hazardous wastes are disposed of in accordance with

the provisions of this chapter.

(4) "Dispose or disposal" means the discarding or

abandoning of hazardous wastes or the treatment, decoD181Dination. or recycling of such wastes once they have been

discarded or abandoned.

(5) "Dangerous wastes" means any discarded, useless.

unwanted. or abandoned substances. including but not

limited to certain pesticides. or any residues or containers of

such substances which are disposed of in such quantirr---'\

concentration as to pose a substantial present or pot£~l hazard to human health. wildlife. or the environment beeaiise

such wastes or constituents or combinations of such wastes:

(a) Have short-lived. toxic properties that may cause

death. injury, or illness or have mutagenic. teratogenic. or

carcinogenic properties; or

70.105.005 Hazardous Waste Management

(5) Negotiation. mediation. and similar conflict resoiu- programs be carried out as necessary to manage thewO

tion techniques are useful in resolving concerns over the appropriately. In addition. the legislature finds that. because

local impacts of siting hazardous waste management facili- local conditions vary substantially in regard to the quantities.

ties. risks. and management opportunities available for such,

(6) Safe and responsible management of hazardous wastes. local government is the appropriate level of governwaste requires an effective planning process that involves ment to plan for and carry out programs to manage moderlocal and state governments, the public. and industry. ate-risk waste, with assistance and coordination provided by

(7) Public acceptance and successful siting of needed the department. [1985 c 448 § 2.]

new hazardous waste management facilities depends on Severablllly"':1985 e .448: "If any provision of this act or ill

several factors. including: application 10 any person or circumslancc is held invalid, \he remaiDda' of

(a) Public confidence in the safety of the facilities; the act or the application of the provision 10 otherpe~ or c:ilCWili!l'''"'''I

(b) Assurance that the hazardous waste management is not affected: [1985 c 448 § 19.J

priorities established in this chapter are being carried out to

the maximum degree practical;

(c) Recognition that all state citizens benefit from

certain products whose manufacture results in the generation

of hazardous byproducts, and that all state citizens must.

therefore, share in the responsibility for finding safe and

effective means to manage this hazardous waste; and

(d) Provision of adequate opponunities for citizens to

meet with facility operators and resolve concerns about local

hazardous waste management facilities.

(8) Due to the controversial and regional nature of

facilities for the disposal and incineration of hazardous

waste. the facilities have had difficulty in obtaining necessary local approvals.. The legislature finds that there is a

state-wide interest in assuring that such facilities can be

sited.

It is therefore the intent of the legislature to preempt

local government's authority to approve. deny. or otherwise.

regulate disposal and incineration facilities. and to vest in the

department of ecology the sole authority among state.

regional. and local agencies to approve. deny. and regulate

preempted facilities. as defined in this chapter.

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

complete preemptive authority also be vested in the depanment for treatment and storage facilities. in addition to

disposal and incineration facilities. if a local government

fails to carry out its responsibilities established in RCW

70.105.225.

It is funher the intent of the legislature that no local

ordinance. permit requirement, other requirement, or decision

shall prohibit on the basis of land use considerations the

construction of a hazardous waste management facility

within any zone designated and approved in accordance with

this chapter. provided that the proposed site for the facility

is consistent with applicable state siting criteria.

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

acquisition under this chapter. the private sector has had the

primary role in providing hazardous waste management

facilities and services in the state. It is the intent of the

legislature that this role be encouraged and continue into the

future to the extent feasible. Whether privately or publicly

.owned and operated. hazardous waste management facilities

and services should be subject to strict governmental

regulation as provided under this chapter.

(10) Wastes that are exempt or excluded from full

regulation under this chapter due to their small quantity or

household origin have the potential to pose significant risk

to public health and the environment if not properly managed. It is the intent of the legislature that the specific risks

posed by such waste be investigated and assessed and that

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Hazardous Waste Management

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(b) Are corrosive. explosive. flammable. or may

generate pressure through decomposition or other means.

(6) "Extremely hazardous waste" means any dangerous

waste which

(a) will persist in a hazardous fonn for several years or

more at a disposal site and which in its persistent form

(i) presents a significant environmental hazard and mav

be concentrated by living organisms through a food chain or

may affect the genetic make-up of man or wildlife. and

(ii) is highly toxic to man or wildlife

(b) if disposed of at a disposal site in such quantities as

would present an extreme hazard to man or the environment.

(7) "Person" means any person. firm. association.

county. public or municipal or private corporation. agency.

or other entity whatsoever.

(8) "Pesticide" shall have the meaning of the term as

defined in RCW 15.58.030 as now or hereafter amended.

(9) "Solid waste advisory committee" means the same

advisory committee as per RCW 70.95.040 through

70.95.070.

(10) "Designated zone facility" means any facility that

requires an interim or final status permit under rules adopted

under this chapter and that is not a preempted facility as

, defined in this section.

( 11) "Facility" means all contiguous land and structures.

other appurtenances. and improvements on the land used for

recycling. storing. treating. incinerating. or disposing of

hazardous waste.

(12) "Preempted facility" means any facility that

includes as a significant part of its activities any of the

following operations: (a) Landfill. (b) incineration. (c) land

treatment. (d) surface impoundment to be closed as a

landfill. or (e) waste pile to be closed as a landfill.

(13) "Hazardous household substances" means those

substances identified by the department as hazardous

household substances in the guidelines developed under

RCW 70.105.220.

(14) "Hazardous substances" means any liquid. solid.

gas, or sludge, including any material, substance. product.

commodity. or waste. regardless of quantity. that exhibits

any of the characteristics or criteria of hazardous waste as

described in rules adopted under this chapter.

(15) "Hazardous waste" means and includes all dangerous and extremely hazardous waste. including substances

composed of both radioactive and hazardous components.

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

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

exhibits any of the properties of hazardous waste but is

exempt from regulation under this chapter solely because the

waste is generated in quantities below the threshold for

regulation. and (b) any household wastes which are generated from the disposal of substances identified by the department as hazardous household substances.

(18) "Service charge" means an assessment imposed

under RCW 70.105.280 against those facilities that store.

treat. incinerate. or dispose of dangerous or extremely

hazardous waste that contains both a nonradioactive hazardous component and a radioactive component. Service

charges shall also apply to facilities undergoing closure

under this chapter in those instances where closure entails

the physical characterization of remaining wastes Which

contain both a nonradioactive hazardous component and a

(1994)

70.10S.010

radioactive component or the management of such wastes

through treatment or removal. except any commercial lowlevel radioactive waste facility. [1989 c 376 § 1; 1987 c 488

§ 1; 1985 c 448 § I; 1975-'76 2nd ex.s. c 101 § 1.J

Sevefabillly-1989 e 376: "If any provision of this act or its

application to any person or circumsrance is held invalid. the remaiDder of

the act or the appliClllion of the provision to other persons or CU'Ctlt1ISllIDCes

is not affected." (1989 c 376 § 4.)

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

RCW 70.105.020 Standards and regulatlons--

Adoption-Notice and hearing-Consultatlon with other

agencies. The department after notice and public hearing

shall:

(1) Adopt regulations designating as extremely hazardous wastes subject to the provisions of this chapter those

substances which exhibit characteristics consistent with the

definition provided in RCW 70.105.0 I0(6);

(2) Adopt and may revise when appropriate. minimum

standards and regulations for disposal of extremely hazardous wastes to protect against hazards to the public,.and to

the environment. Before adoption of such standards and

regulations. the department shall consult with appropriate

agencies of interested local governments and secure technical

assistance from the department of agriculture. the department

of social and health services, the department of fish and

wildlife. the department of natural resources, the department

of labor and industries. and the deparunent of community,

trade. and economic development. through the director of.

fire protection. [1994 c 264 § 42; 1988 c 36 § 28;:1986 c

266 § 119; 1975-'76 2nd ex.s. c 101 § 2.] ',;f!;"

Sevenbility-1986 e 266: See DOle following RCW 38.52~OOS. .~lt

RCW 70.105.030 List and information' to be

furnished by depositor of hazardous waste-RUles and

regulations. (l) After the effective date of the regulations

adopted by the deparunent designating extremely ¥zardous

wastes. any person planning to dispose of extremely hazardous waste as designated by the department shall provide the

operator of the disposal site with a list setting forth the

extremely hazardous wastes for disposal. the amount of such

wastes. the general chemical and mineral composition of

such waste listed by approximate maximum and minimum

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

when appropriate. shall include information on antidotes,

first aid. or safety measures to be taken in case of accidental

contact with the particular extremely hazardous waste being

disposed.

(2) The deparunent shall adopt and enforce all rules and

regulations including the form and content of the list,

necessary and appropriate to accomplish the purposes of

subsection (I) of this section. [1975-'76 2nd ex.s. c 101 §

3.]

RCW 70.105.035 Solid wastes-Conditionally

exempt from chapter. Solid wastes that designate as

dangerous waste or extremely hazardous waste but do not

designate as hazardous waste under federal law are conditionally exempt from the requirements of this chapter, if:

(1) The waste is generated pursuant to a consent decree

issued under chapter 70.105D RCW;

(Ch. 7o.105-;». J]
70.105.035 Hazardous Waste Management

(2) The consent decree characterizes the solid waste and

specifies management practices and a department-approved

treatment or disposal location:

(3) The management practices are consistent with RCW

70.105.150 and are protective of human health and the

environment as determined by the department of ecology;

and

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

10 a manner determined by the depanrnent to be as protective of human health and the environment as clean-up

standards pursuant to chapter 70.1050 RCW.

This section shall not be interpreted to limit the ability

of the department to apply any requirement of this chapter

through a consent decree issued under chapter 70.1050

RCW. if the department determines these requirements to be

appropriate. Neither shall this section be interpreted to limit

the application of this chapter to a cleanup conducted under

the federal comprehensive environmental response. compensation. and liability act (42 U.S.C. Sec. 9601 et seq., as

amended). [1994 c 254 § 5.]

RCW 70.105.040 Disposal site or facilityAcquisition-Disposal fee schedule. ( I) The department

through the department of general administration. is authorized to acquire interests in real property from the federal

government on the Hanford Reservation by gift. purchase.

lease. or other means. to be used for the purpose of devetoping, operating, and maintaining an extremely hazardous

waste disposal. site or facility by the department. either

directly or by agreement with public or private persons or

entities: PROVIDED, That hinds acquired under this section

" shall not be inconsistent with a local comprehensive plan

approved prior to January 1, 1976: AND PROVIDED

FURTHER. That no lands acquired under this section shall

be subject to land use regulation by a local government.

(2) The department may establish an appropriate fee

schedule for use of such disposal facilities to offset the cost

of administration of this chapter and the cost of development. operation. maintenance. and perpetual management of

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

fee may be such as to provide a reasonable profit. [1975-'76

2nd ex.s. c 101 § 4.]

RCW 70.105.050 Disposal at other than approved

site prohibited-Disposal of radioactive wastes. (I) No

person shall dispose of designated extremely hazardous

wastes at any disposal site in the state other than the disposal

site established and approved for such purpose under

provisions of this chapter, except: .

(a) When such wastes are going to a processing facility

which will result in the waste being reclaimed. treated,

detoxified. neutralized. or otherwise processed to remove its

harmful properties or characteristics; or

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

remedial action conducted by the department or by potentially liable persons under a consent decree issued by the

department pursuant to chapter 70.1050 RCW.

(2) Extremeiy hazardous wastes that contain radioactive

components may be disposed at a radioactive waste disposal

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

energy or a licensee of the nuclear regulatory commission

reb. 70.105---9. 41

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and (b) permitted by the"department and operated in compliance with the provisions of this chapter. However, prior to

disposal, or as a part of disposal, al.1 re~nable methc(e--,·l

treatment. detoxification, neutralization, or other \"j':

management methodologies designed to mitigate h~

associated with these wastes shall be employed, as required

by applicable federal and state laws and regulations. [1994

c254 § 6: 1987 c 488 § 4; 1975-'76 2nd ex.s. c 101 § S.]

RCW 70.105.060 Review of rules, reguJation~

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

and fee schedules adopted by the department to implement

the provisions of this chapter shall be reviewed by the solid

waste advisory committee for the purpose of recommending

revisions, additions, or modifications thereto as provided for

the review of solid waste regulations and standuds pursuant

to chapter 70.95 RCW. [1975-'76 2nd ex.s, c 101 § 6.]

RCW 70.105.070 Criteria for receiving waste at

disposal site. The department may elect to receive dangerous waste at the site provided under this chapter, provided .

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

having custody of the waste, and

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

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

other disposal sites in the state that will handle such daJJgerous waste. and

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

be modified to the extent necessary to adequately dispose of

the waste, or . r>.

(5) i.fa demonstrable eme~ency and po,tentia) j

the pubhc health and safety exists, [1975- 76 2nd ex.s. C

101 § 7.]

RCW 70.105.080 Violations-Clvil penalties.. (1)

Every person who fails to comply with any provision of this

chapter or of the rules adopted thereunder shall be subjected

to a penalty in an amount of not more than ten thousand

dollars per day for every such violation. Each and. every

such violation shall be a separate and distinct offense. In

case of continuing violation, every day's continuance shall

be a separate and distinct violation. Every person who,

through an act of commission or omission, procures, aids, or

abets in the violation shall be considered to have violated the

provisions of this section and shall be subject to the penalty

herein provided.

(2) The penalty provided for in this section shall be

imposed pursuant to the procedures in RCW 43.21B.300.

[1987 c 109 § 12; 1983 cIn § 2: 1975-'76 2nd ex.s. c 101

§ 8.] .

Purpose-Short litle-ConstructloD-Rules-Severa'>1I1tyCapUons-1987 e 109: See DOleS following RCW43.218.001.

Severability-l98J e 172: See Dote following RCW70.105.097.

RCW 70.105.085 Violations-Criminal penalties.

Any person who knowingly transports, treats, s~~, ~es,

disposes of. or exports a hazardous substance I~ V1olati0,9_~!

this chapter is guilty of: (1) A class B ~el~ny If the. )

knows at the time that the conduct consumnng Jhe V1ol",_-"

places another person in imminent danger of deathor serious

bodily injury; or (2) a class C felony if the person knows

(1994)
Hazardous Waste Management

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that the conduct constituting the violation places any property of another person or any natural resources owned by the

state of Washington or any of its local governments in

imminent danger of harm. As used in this section. "imminent danger" means that there is a substantial likelihood that

harm will be experienced within a reasonable period of time

should the danger not be eliminated. As used in this section.

"knowingly" refers to an awareness of facts. not awareness

of law. Violators shall be punished as provided under RCW

9A.20.021. [1989 c 2 § 15 (Initiative Measure No. 97,

approved November 8, 1988).]

Short tItle-Captlons-Conatruction-Exlsting agreements- .

Effective da!e-Severabll1ty-1989 e 2: See RCW 70.1050.900 through

70.1050.921, respectively.

RCW 70.105.090 Vlolations-Gross misdemeanor.

In addition to the penalties imposed pursuant to RCW

70.105.080. any person who violates any provisions of this

chapter. or of the rules implementing this chapter. and any

person who knowingly aids or abets another in conducting

any violation of any provisions of this chapter. or of the

rules implementing this chapter, shall be guilty of a gross

misdemeanor and upon conviction thereof shall be punished

by a tine of not less than one hundred dollars nor more than

ten thousand dollars. and/or by imprisonment in the county

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

Each and every such violation shall be a separate and

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

continuance shall be a separate and distinct offense. [1984'

c 237 § 1; 1983 c 172 § 3; 1975-'76 2nd ex.s, c 101 § 9.]

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

RCW 70.105.095 Violations-Orders-Penalty for

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

any information the department determines that a person has

violated or is about to violate any provision of this chapter.

the department may issue an order requiring compliance

either immediately or within a specified period of time. The

order shall be delivered by registered mail or personally to

the person against whom the order is directed.

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

specified in a compliance order shall be liable for a civil

penalty of not more than ten thousand dollars for each day

of continued noncompliance. In addition. the department

may suspend or revoke any permits and/or certificates issued

under the provisions of this chapter to a person who fails to

comply with an order directed against him.

(3) Any order may be appealed pursuant to RCW

43.2IB.310. [1987 c 109 § 16; 1983 c 172 § 4.]

Purpose-Short title--Conatruc:tlon-Rules-SeverabilltyCaptlons-1987 c 1M: See DOteS following RCW 43.218.1X>I.

Severability-1983 e 172: See note following RCW 70.105.097,

RCW 70.105.097 Action for damages resulting from

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

a violation of this chapter or the rules adopted thereunder

may bring an action in superior court for the recovery of the

damages. A conviction or imposition of a penalty under this

chapter is not a prerequisite to an action under this section.

(1994)

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70.105.085

The court may award reasonable attorneys' fees to a

prevailing injured party in an action under this section.

[1983 c 172 § 1.]

Sever.blllty~1983 e 172: "If llny provision of this act or its

appliClltion 10 any penon or circumstance is held invalid. the remainderof

the act or the application of the provision to other persons or c::1n:urnstane:eS

is nOl affected: (1983 c 172 § S.1

RCW 70.105.100 Powers and duties of department.

The department in performing its duties under this chapter

may:

( I) Conduct studies and coordinate research programs

pertaining to extremely hazardous waste management;

(2) Render technical assistance to generators of dangerous and extremely hazardous wastes and to state and local

agencies in the planning and operation of hazardous waste

programs:

(3) Encourage and provide technical assistance to waste

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

purpose of finding users for dangerous and extremely

hazardous wastes that would otherwise be disposed of:

PROVIDED. That such technical assistance shall not-violate

the confidentiality of manufacturing processes; and':"

(4) Provide for appropriate surveillance and monitoring

of extremely hazardous waste disposal practices in the state.

[1975-'76 2nd ex.s, c 101 § 10.]

RCW 70.105.105 Duty of department to ~te

PCB waste. The department of ecology shall reguIi# under

chapter 70.105 RCW. wastes generated from the ~.y'aging;

rebuilding. or: discarding of transformers or capacitRrs that

have been sold or otherwise transferred for salvage or

disposal after the completion or termination of tbci.l useful

lives and which contain polychlorinated biphenylS.~(PCB's)

and whose disposal is not regulated under 40 CFRpart 761.

Nothing in this section shall prohibit such wastes from being

incinerated or disposed of at facilities permitted to}nanage

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

RCW 70.105.109 Regulation of wastes with radi0active and hazardous components. The department of

ecology may regulate all hazardous wastes, including those

composed of both radioactive and hazardous components, to

the extent it is not preempted by federal law. [1987 c 488

§ 2.]

RCW 70.105.110 Regulation of dangerous wastes

associated with energy facilities. (I) Nothing in this

chapter shall alter, amend, or supersede the provisions of

chapter 80.50 RCW, except that, notwithstanding any

provision of chapter 80.50 RCW. regulation of dangerous

wastes associated with energy facilities from generation to

disposal shall be solely by the department pursuant to

chapter 70.105 RCW. In the implementation of said section.

the department shall consult and cooperate with the energy

facility site evaluation council and. in order to reduce

duplication of effort and to provide necessary coordination

of monitoring and on-site inspection programs at energy

facility sites, anyon-site inspection by the department that

may be required for the purposes of this chapter shall be

[Cb. 70.1Q5--.p. 5]

.,

I.
70.105.110 Hazardous Waste Management

r _ .. _. _ r _. __ "".'.' _ .'_ •• _ ••

- . ".

------_._._--- ..

performed pursuant to an interagency coordination agreement

with the council.

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

energy facility site evaluation council may require certificate

holders to remove from their energy facility sites any

dangerous wastes. controlled by this chapter. within ninety

days of their generation. [1987 c 488 § 3; 1984 c 237 § 3;

1975-'76 2nd ex.s. c 101 § 11.]

RCW 70.105.111 Radioactive wastes-Authority of

department of social and health services. Nothing in this

chapter diminishes the authority of the department of social

and health services to regulate the radioactive portion of

mixed wastes pursuant to chapter 70.98 RCW. [1987 c 488

§ 5.]

RCW 70.105.112 Application of chapter to special

~nc.inerator ash. This chapter does not apply to special

mcmerator ash regulated under chapter 70.138 RCW except

that, for purposes of RGW 4.22.070(3Xa), special incinerator

ash shall be considered hazardous waste. [1987 c 528 § 9.1

Severability-l987 c 528: See RCW 70.138.902.

RCW 70.105.116 Hazardous substance remedial

actions-Procedural requirements not applicable. The

procedural requirements of this chapter shall not apply to

any person conducting a remedial action at a facility pursuant to a consent decree, order. or agreed order issued

pursuant to chapter 70.1050 RCW, or to the department of

ecology when it conducts a remedial action under chapter

70.1050 RCW. The department of ecology shall ensure

compliance with the substantive requirements of this chapter

through the consent decree, order, or agreed order issued

pursuant to chapter 70.1050 RCW. or during the department-conducted remedial action, through the procedures

developed by the department pursuant to RCW 70.1050.090.

[1994 c 257 § 17.]

Severability-I994 e 257: See Dote following RCW 36.70A.270.

RCW 70.105.120 Authority of attorney general. At

the request of the department. the attorney general is

authorized to bring such injunctive. declaratory, or other

actions to enforce any requirement of this chapter. [1980 c

144 § 2.]

RCW 70.105.130 Department's powers as designated agency under federal act. (I) The department is

designated as the state agency for implementing the federal

resource conservation and recovery act (42 U.S.C. Sec. 6901

et seq.).

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

is the authority to:

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

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

PROVIDEO. That spent containers of pesticides or herbicides which have been used in normal farm operations and

which are not extremely hazardous wastes. shall not be .

subject to the permit system;

leb. 70.105--p. 6J

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

storage, and disposal of dangerous wastes as may be

necessary to protect human health and the environmencr-' )

(c) Establish. to implement this section: L

(i) A manifest system to track dangerous wastes;

(ii) Reporting. monitoring, recordkeeping, labeling,

sampling requirements; and

(iii) Owner. operator. and transporter responsibility;

(d) Enter at reasonable times establishments regulated

under this section for the purposes of inspection, monitoring,

and sampling; and

(e) Adopt rules necessary to implement this section.

[1980 c 144 § 1.]

RCW 70.105.135 Copies of notification forms or

annual reports to omdals responsible for fire protection.

Any person who generates. treats, stores, disposes. or

otherwise handles dangerous or extremely hazardous wastes

shall provide copies of any notification forms, or annual

reports that are required pursuant to RCW 70.105.130 to the

fire departments or fire districts that service the areas in

which the wastes are handled upon the request of the fire

departments or fire districts. In areas that are not serviced

by a fire department or fire district. the forms or reports

shall be provided to the sheriff or other county official

designated pursuant to RCW 48.48.060 upon the request of

the sheriff or other county official. This section shall not

apply to the transportation of hazardous wastes. [l986c 82

§ 1.]

RCW 70.105.140 Rul~ imPle~entedUDder-R(~':; 70.105.l3O-Review. Rules implementing RCW 70.105.1;'11

shall be submitted to the house and senate committees on

ecology for review prior to being adopted in accordance with

chapter 34.05 RCW. [1980 c 144 § 3.]

RCW 70.105.145 Department's authority to partldpate in and administer federal act. Notwithstanding any

other provision of chapter 70.105 RCW, the department of

ecology is empowered to participate fully in and is empowered to administer all aspects of the programs ofthe federal

Resource Conservation and Recovery Act, as it exists on

June 7, 1984, (42 U.S.C. Sec. 6901 et seq.), contemplated

for participation and administration by a state under that act

[1984 c 237 § 2; 1983 c 270 § 2.]

Severability-l983 e 1'70: See DOte following RCw 90.48.260.

RCW 70.105.150 Declaration-Management of

hazardous waste-Priorities-Defmitiom. Thelegislature

hereby declares that-

(I) The health and welfare of the people of the state

depend on clean and pure environmental resources unaffected by hazardous waste contamination. Management and

regulation of hazardous waste disposal should encourage

practices which result in the least amount of waste being

produced. Towards that end. the legislature finds that the

following priorities in the management of hazardous waste

are necessary and should be followed in order of deseen" ')

priority as applicable: V

(a) Waste reduction;

(b) Waste recycling;

(1994)
Hazardous Waste Management

•

•

•

(c) Physical. chemical. and biological treatment;

(d) Incineration;

(e) Solidification/stabilization treatment;

(t) Landfill.

(2) As used in this section:

(a) "Waste reduction" means reducing waste so that

hazardous byproducts are not produced:

(b) "Waste recycling" means reusing waste materials

and extracting valuable materials from a waste stream:

(c) "Physical. chemical. and biological treatment" means

processing the waste to render it completely innocuous.

produce a recyclable byproduct. reduce toxicity, or substantially reduce the volume of material requiring disposal;

(d) "Incineration" means reducing the volume or toxicity

of wastes by use of an enclosed device using controlled

flame combustion;

(e) "Solidification/stabilization treatment" means the use

of encapsulation techniques to solidify wastes and make

them less permeable or leachable; and

(f) "Landfill" means a disposal facility, or pan of a

facility, at which waste is placed in or on land and which is

not a land treatment facility. surface impoundment. or

injection well. [1983 1st ex.s. c 70 § 1.1

RCW 70.105.160 Waste management study-Public

hearingS-Adoption or modification of rulesRecommendations to legislature. The department shall

conduct a study to determine the best management practices

for categories of waste for the priority waste management

methods established in RCW 70.105.150. with due consideration in the course of the study to sound environmental

management and available technology. As an element of the

study. the department shall review methods that will help

achieve the priority of RCW 70.105.150(1)(a), waste

reduction. Before issuing any proposed regulations. the

department shall conduct public hearings regarding the best

management practices for the various waste categories

studied by the department. After conducting the study. the

department shall prepare new rules or modify existing rules

as appropriate to promote implementation of the priorities

established in RCW 70.105.150 for management practices

which assure use of sound environmental management

techniques and available technology. The preliminary study

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

adopted by July I. 1987. The solid waste advisory committee shall review the studies and the new or modified rules

and submit recommendations to the legislature by January I,

1988. regarding policy options (such as fee incentives.

disposal bans. etc.) that will be used to reduce the production

of dangerous and extremely hazardous waste in Washington

state.

The studies shall be updated at least once every five

years. The funding for these studies shall be from the

hazardous waste control and elimination account. subject to

legislative appropriation. [1984 c 254 § 2: 1983 l st ex.s. c

70 § 2.1

Severability-1984 e 254: "If any provision of this act or ItS

application to any person or circumstance is held invalid. the rem:under of

the act or the application of the provISion to other persons or circumstances

is nOl affected." [1984 c 254 t 3.)

11994)

70.105.150

RCW 70.105.165 Disposal of dangerous wastes at

commercial off-site land disposal facllitles-Llmltatloos.

(I) Independent of the processing or issuance of any or all

federal. state. and local permits for disposal of dangerous

wastes, no disposal of dangerous wastes at a commercial offsite land disposal facility may be undertaken prior to July I.

1986. unless:

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

70.105A.06O (2) and (3), or results from other emergency

situations: or

(b) Studies undertaken by the department under RCW

.70.105.160 to determine the best management practices for

various waste categories under the priority waste management methods established in RCW 70.105.150 are completed

for the particular wastes or waste categories to be disposed

of and any regulatory revisions deemed necessary by the

department are proposed and do not prohibit land disposal of

such wastes: or

(c) Final regulations have been adopted by the department that allow for such disposal.

(2) Construction of facilities used solely for the purpose

of disposal of wastes that have not met the requirements of

subsection (I) of this section shall not be undertaken by any

developer of a dangerous waste disposal facility.

(3) The department shall prioritize the studies of waste

categories undertaken under RCW 70.105.160 to provide

initial consideration of those categories most likely. to be

suitable for land disposal. Any regulatory changes c!i::emed

necessary by the department shall be proposed and su6jected

to the rule-making process by category as the study,ofeach

waste category is completed. All of the study shin be

completed. and implementing regulations proPOSed.·.~Y July

1. 1986. <.. (4) Any final permit issued by the department befOre the

adoption of rules promulgated as a result of the.study

conducted under RCW 70.105.160 shall be modified as·

necessary to be consistent with such rules. [1984 c § 1.] -."

·Reviser's note: RCW 70.I05A.06O was repealed by 199(fc 114 §

21. -z.

Severability-l984 c 254: See note following RCW 70.lOS.160.

RCW 70.105.170 Waste management-Consultative

services--Technical assistance-Confidentiality. Consistent with the purposes of RCW 70.105.150 and 70. lOS.160.

the department is authorized to. promote the priority waste

management methods listed in RCW 70.105.150 by establishing or assisting in the establishment of: (I) Consultative

services which. in conjunction with any business or industry

requesting such service. study and recommend alternative

waste management practices; and (2) technical assistance.

such as a toll-free telephone service. to persons interested in

waste management alternatives. Any persor. receiving such

service or assistance may. in accordance with state law.

request confidential treatment of information about their

manufacturing or business practices. [1983 Ist ex.s. c 70 §

3.]

RCW 70.105.180 Disposition of flnes and penal.

ties-EarniDgs. All fines and penalties collected under this

chapter shaD be deposited in the hazardous waste control and

elimination account. which is hereby created in the state

tea, 70.105-9.71

1'J.}.
70.105.180 Hazardous Waste Management 0"

treasury. Moneys in the account collected from fines and

penalties shall be expended exclusively by the department of

ecology for the purposes of ·this act, subject to legislative

appropriation. Other sources of funds deposited in this

account may also be used for the purposes of ·this act. All

earnings of investments of balances in the hazardous' waste

control and elimination account shall be credited to the

general fund. (1985 c 57 § 70; 1983 1st ex.s. c 70 § 4.J

·Revlser's note: 'This act' [1983 1st ex.s. c 70] consists of RCW

70.105.150.70.105.160.70.105.170. and 70.105.180.

Effective date-1985 e 57: Sec note following RC:W 18.04.105.

RCW 70.105.200 Hazardous waste management

plan. (I) The department shall develop. and shall update at

. least once every five years. a state hazardous waste management plan. The plan shall include. but shall not be limited

to, the following elements:

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

existing facilities to treat. store. dispose, or otherwise

manage hazardous waste;

(b) A forecast of future hazardous waste generation;

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

RCW 70.105.160 to promote the waste management priorities established in RCW 70.105.150;

(d) Siting criteria as appropriate for hazardous waste

management facilities. including such criteria as may be

appropriate for the designation of eligible zones for designat- .

ed zone facilities. However. these criteria shall not prevent

the continued operation. at or below the present level of

waste management activity. of existing facilities on the basis

of their location in areas other than those designated as

eligible zones pursuant to RCW 70.105.225;

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

(f) A plan or program to provide appropriate public

information and education relating to hazardous waste

management. The department shall ensure to the maximum

degree practical that these plans or programs are coordinated

with public education programs carried out by local government under RCW 70.105.220.

(2) The department shall seek. encourage, and assist

participation in the development. revision. and implementation of the state hazardous waste management plan by

interested citizens. local government, business and industry.

environmental groups. and other entities as appropriate.

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

1986. Other plan components listed in subsection (1) of this

section shall be completed by June 30. 1987.

(4) The department shall incorporate into the state

hazardous waste management plan those elements of the

local hazardous waste management plans that it deems

necessary to assure effective and coordinated programs

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

Severabillty-1985 c 448: Sec DOte following RCW 70.105.005.

RCW 70.105.210 Hazardous waste management

facilities--Depanment to develop criteria for siting. By

May 31, 1990. the department shall develop and adopt

criteria for the siting of hazardous waste management

facilities. These criteria will be part of the state hazardous

waste management plan as described in RCW 70.105.200.

rCh. 70.105-p. 8)

To the extent practical. these criteria sh~ be designed/-"

minimize the short-term and long-term risks and costs )

may result from hazardous waste management facilitic...

These criteria may vary by type of facilities and may

consider natural site characteristics and engineered protection. Criteria may be established for:

(1) Geology;

(2) Surface and groundwater hydrology;

(3) Soils;

(4) Flooding;

(5) Climatic factors;

(6) Unique or endangered flora and fauna;

(7) Transportation routes;

(8) Site access;

(9) Buffer zones;

(10) Availability of utilities and public services;

(11) Compatibility with existing uses of land;

(12) Shorelines and wetlands;

(13) Sole-source aquifers;

(14) Natural hazards; and

(15) Other factors as determined by the department.

(1989 1st ex.s, c 13 § 2; 1985 c 448 § 5.]

Severability-1985 c 448: See note following RCW70.105.00s.

RCW 70~105.215 Department to adopt rules lor

permits for hazardous substances treatment ladlltles.

The legislature recognizes the need for new, modified. or

expanded facilities to treat, incinerate. or otherwise process

or dispose of hazardous substances.s.a.fely. In order}

encourage the development of such facilities, the ~_f

shall adopt rules as necessary regarding the permitting of

such facilities to ensure the most expeditious permit pr0cessing possible consistent with the substantive requirements of

applicable law. If owners and operators are not the same

entity, the operator shall be the permit applicant and responsible for the development of the permit application and all

accompanying materials. as long as the owner also signsthe

application and certifies its ownership of the real property

described in the application. and acknowledges its awareness

of the contents of the application and receipt of a copy

thereof. (1986 c 210 § 3.]

RCW 70.105.217 Local government regulatory

authority to prohibit or condition. Nothing in this chapter

shall alter or affect the regulatory authority of a COUDty, city,

or jurisdictional health district to condition or prohibit the

acceptance of hazardous waste in a county or city landfill.

[1994 c 254 § 7.]

RCW 70.105.220 Local governments to prepare

local hazardous waste plans-Basis-Elements required.

( I) Each local government, or combination of contiguous

local governments. is directed to prepare a local hazardous

waste plan which shall be based on state guidelines and

include the following elements:

(a) A plan or program to manage moderate-risk wae.-~)

that are generated or otherwise present within the jurJ\

tion. This element shall include an assessment of tile

quantities. types. generators, and fate of moderate-risk wastes

in thejurisdiction. The purpose of this element is to develop .

a system of managing moderate-risk waste. appropriate to

(1994)
Hazardous Waste Management '.

•

•

•

each local area. to ensure protection of the environment and

oublic health:

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

Involvement and public education in regard to the management of moderate-risk waste. This element shall provide

information regarding:

(i) The potential hazards to human health and the

environment resulting from improper use and disposal of the

waste; and

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

disposing of the waste;

(c) An inventory of all existing generators of hazardous

waste and facilities managing hazardous waste within the

jurisdiction. This inventory shall be based on data provided

by the department;

(d) A description of the public involvement process used

in developing the plan:

(e) A description of the eligible zones designated in

accordance with RCW 70.105.225. However. the requirement to designate eligible zones shall not be considered pan

of the local hazardous waste planning requirements: and

(f) Other elements as deemed appropriate by local

~overnment.

(2) To the maximum extent practicable. the local

hazardous waste plan shall be coordinated with other

hazardous materials-related plans and policies in the jurisdiction.

(3) Local governments shall coordinate with those

persons involved in providing privately owned hazardous and

moderate-risk waste facilities and services as follows: If a

local government determines that a moderate-risk waste will

be or is adequately managed by one or more privately owned

facilities or services at a reasonable price. the local government shall take actions to encourage the use of that private

facility or service. Actions taken by a local government

under this subsection may include. but are not limited to.

restricting or prohibiting the land disposal of a moderate-risk

waste at any transfer station or land disposal facility within

its jurisdiction.

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

development of local hazardous waste plans. The guidelines

shall be prepared in consultation with local governments and

shall be completed by December 31. 1986. The guidelines

shall include a list of substances identified as hazardous

household substances.

(b) In preparing the guidelines under (a) of this subsection. the department shall review and assess information on

pilot projects that have been conducted for moderate-risk

waste management. The department shall encourage

additional pilot projects as needed to provide information to

improve and update the guidelines. .

(5) The department shall consult with retailers. trade

associations. public interest groups. and appropriate units of

local government to encourage the development of voluntary

public education programs on the proper handling of

hazardous household substances.

(6) Local hazardous waste plans shall be completed and

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

Local governments may from time to time amend the local

plan.

(7) Each local government, or combination of contiguous local governments. shall submit its local hazardous waste

t1994l

70.105.%%0

plan or amendments thereto to the department. The department shall approve or disapprove local hazardous waste

plans or amendments by December 31, 1990. or within

ninety days. of submission. whichever is later. The department shall approve a local hazardous waste plan if it

determines that the plan is consistent with this chapter and

the guidelines under subsection (4) of this section. If

approval is denied. the department shall submit its objections

to the local government within ninety days of submission.

However, for plans submitted between January I. 1990, and

June 30. 1990. the department shall have one hundred eighty

days to submit its objections. No local government is

eligible for grants under RCW 70.105.235 for implementing

a local hazardous waste plan unless the plan for that jurisdiction has been approved by the department

(8) Each local government. or combination of contiguous local governments. shall implement the local hazardous

waste plan for its jurisdiction by December 31. 1991.

(9) The department may waive the specific requirements

of this section for any local government if such local

government demonstrates to the satisfaction of the department that the objectives of the planning requirements have

been met. (1992 c 17 § 1; 1986 c 210 § 1; 1985 c 448§ 6.]

Sevenlbillty-1985 c 448: See note following RCW 70.l0S.00S.

Used oil recvclingelement: RCW 70.951.020.

RCW 70.105.%%1 Local governments to prepare

local hazardous' waste plans-Used oil recycling element.

Local governments and combinations of local governments

shall amend their local hazardous waste plans requireddinder

RCW 70.105.220 to comply with RCW 70.951.020. '~fl991 .

c 319 § 312.] :;,;'

Severablllty-Part beadings not Iaw-1991 e 319: S€e'RCW

70.9SF.900 and 70.9SF.901.

RCW 70.105.%%5 Local governmentS to designate"

zones-Departmental guidelines-Approval of,;i.Jocal

government zone designations or amendments-eExemption. (1) Each local government, or combination of

contiguous local governments. is directed to: (a) Demonstrate to the satisfaction of the department that existing

zoning allows designated zone facilities as permitted uses: or

(b) designate land use zones within its jurisdiction in which

designated zone facilities are permitted uses. The zone

designations shall be consistent with the state siting criteria

adopted in accordance with RCW 70.105.210, except as may

be approved by the department in accordance with subsection (6) of this section.

(2) Local governments shall not prohibit the processing

or handling of hazardous waste in zones in which the

processing or handling of hazardous substances is not

prohibited. This subsection does not apply in residential

zones.

(3) The department shall prepare guidelines. as appropriate. for the designation of zones under this section. The

guidelines shall be prepared in consultation with local

governments and shall be completed by December 31. 1986.

(4) The initial designation of zones shall be completed

or revised. and submitted to the department within eighteen

months after the enactment of siting criteria in accordance

with RCW 70.105.210. Local governments that do not

[Ch. 70.105--9- 9)

,.,1;"
RCW 70.105.240 State preemption-Department

sole authority-Local requirements superseded-e-State

authority over designated zone faooties. (1) As of July

28. 1985, the state preempts the field of state, regi.o.n~. or .

local permitting and regulating of all preempted facilities

defined in this chapter. The department of ecology IS

designated the sole decision-making authority with respect to

permitting and regulating such facilities and no other state

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

or any local or regional political sUbdivisi~n of.the state,

shall have any permitting or regulatory authonty With respect

to such facilities including. but not limited tc, the location.

construction. and operation of such facilities. Permits issued

by the department shall be in lieu of any and all permits.

approvals. certifications. or conditions o~ any ~ther state!

regional. or local governmental authority which wO

otherwise apply.

(2) The department shall ensure that any permits issued

under this chapter invoking thepreeD!ption authority of this

section meet the substantive requirements of existing state

laws and regulations to the extent such laws and regulations

are not inconsistent or in conflict with any of the provisions

RCW 70.105.235 Grants to local governments for

plan preparation, implementation, and designation of

zones-Matching funds-Qualifications; (1) Subject to

legislative appropriations. the department may make and

administer grants to local governments for (a) preparing and

updating local hazardous waste plans. (b) implementing

approved local hazardous waste pla~~•.and (c) ~ignating

eligible zones for designated zone facilities as required under

this chapter.

(2) Local governments shall match the funds provided

by the department for planning or designating zones with an

amount not less than twenty-five percent of the estimated

cost of the work to be performed. Local governments may

meet their share of costs with cash or contributed services.

Local governments. or combination of contiguous local

governments. conducting pilot projects pursuant to RCW

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

conducted for hazardous household substances from their

share of the cost. If a pilot project has been conducted for

all moderate-risk wastes. only the portion of the cOslJl-..·-,

applies to hazardous household substances s~ be subl:\ /

ed. The matching funds requirement under this subsecilon

shall be waived .for local governments. or combination of

contiguous local governments. that complete andsubmit their

local hazardous waste plans under RCW 70.105.220(6) prior

to June 30. 1988.

(3) Recipients of grants shall meet such q~cations

and follow such procedures in applying for and using grants

as may be established by the department. [1986, c 210 § 2;

1985 c 448 § 9.]

Severability-l98S e 448: See note following RCW 70.lOS.00s.

RCW 70.105.230 . Local governments to submit

letter of intent to identify or designate zones and submit

management plans-Department to prepare plan in event

of failure to act. (1) Each local government is directed to

submit to the director of the department by October 31.

1987. a letter of intent stating that it intends to (a) identify.

or designate if necessary. eligible zones for designated zone

facilities no later than June 30. 1988. and (b) submit a

complete local hazardous waste management plan to the

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

also indicate whether these requirements will be completed

in conjunction with other local governments.

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

provided in subsection (1)(b) of this Sed:i.O~'Or fails to adopt

a local hazardous waste plan for its jurisdiction in accordance with the time schedule provided in this chapter. or

70.105.225 Hazardous Waste Management 0

comply with this submittal deadline shall be subject to the fails to secure approval from the department for its lo~

preemptive provisions of RCW 70.105.240(4) until such time hazardous waste plan in accordance with the time schedule

as zone designations are completed and approved by the provided in this chapter. the department shall prepare a

department. Local governments may from time to time hazardous waste plan for the local jurisdiction. [1985 c 448

amend their designated zones. § 8.]

(5) Local governments without land use zoning provi- Severablllly-1985 e 448: See note following RCW 70.105.005.

sions shall designate eligible geographic areas within their

jurisdiction. based on siting criteria adopted in accordance

with RCW 70.105.210. The area designation shall be subject

to the same requirements as if they were zone designations.

(6) Each local government. or combination of contiguous local governments. shall submit its designation of zones

or amendments thereto to the department. The department

shall 'approve or disapprove zone designations or amendments within ninety days of submission. The department

shall approve eligible zone designations if it determines that

the proposed zone designations are consistent with this

chapter. the applicable siting criteria. and guidelines for

developing designated zones: PROVIDED. That the department shall consider local zoning in place as of January I,

1985. or other special situations or conditions which may

exist in the jurisdiction. If approvaf is denied. the department shall state within ninety days from the date of submission the facts upon which that decision is based and shall

submit the statement to the local government together with

any other comments or recommendations it deems appropriate. The local government shall have ninety days after it

receives the statement from the department to make modifications designed to eliminate the inconsistencies and resubmit the designation to the depanment for approval. Any

designations shall take' effect when approved by the department.

(7) The department may exempt a local government

from the requirements of this section if:

(a) Regulated quantities of hazardous waste have not

been generated within the jurisdiction during the two

calendar years immediately preceding the calendar year

during which the exemption is requested; and

(b) The local government can demonstrate to the

satisfaction of the department that no significant portion of

land within the jurisdiction can meet the siting criteria

adopted in accordance with RCW 70.105.210. [1989 1st

ex.s. c 13 § 1; 1985 c 448 § 7.]

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

., '1. -" ,,,:' _ 'nl
. Hazardous Waste Management '.

•

of this chapter. In the event that any of the provisions of

this chapter. or any of the regulations promulgated hereunder. are in conflict with any other state law or regulations.

such other law or regulations shall bedeemed superseded for

purposes of this chapter.

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

requirements. or restrictions of regional or local governmental authorities regarding the location. construction. or

operation of preempted facilities shall be deemed superseded.

However. in issuing permits under this section. the department shall consider local fire and building codes and

condition such permits as appropriate in compliance therewith.

(4) Effective July 1. 1988. the department shall have the

same preemptive authority as defined in subsections (I)

through (3) of this section in regard to any designated zone

facility that may be proposed in any jurisdiction where the

designation of eligible zones pursuant to RCW 70.105.225

has not been completed and approved by the department.

Unless otherwise preempted by this subsection. designated

zone facilities shall be subject to all applicable state and

local laws. regulations. plans. and other requirements. [1985

c 448 § 10.]

SeverabiJity-1985 e 448: See note following RCW 70.105.005.

70.105.240

(b) Shall encourage and assist in facilitating conflict

resolution activities. as appropriate. between facility proponents. host communities. and other interested persons;

(c) May adopt rules specifying procedures for facility

proponents. host communities. and citizens to follow in

providing opportunities for conflict resolution activities.

including the use of dispute resolution centers established

pursuant to chapter 7.75 RCW; and

(d) May expend funds to support such conflict resolution activities. and may adopt rules as appropriate to govern

the support.

(2) Any agreements reached under the processes

described in subsection (1) of this section and deemed valid

by the department may be written as conditions binding on

a permit issued under this chapter. [1985 c 448 § 14.J

Severabillty-198S e 448: See note following RCW 70.105.005.

RCW 70.105.270 Requirements of RCW 70.105.200

through 70.105.230 and 70.105.240(4) not mandatory

without legislative appropriation. The requirements of

RCW 70.105.200 through 70.105.230 and 70.105.240(4)

shall not become mandatory until funding is appropriated by

the legislature. [1985 c 448 § 15.1'

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

•

•

RCW 70.105.245 Department may require notice of

intent for management facility permit. The department

may adopt rules to require any person who intends to file an

application for a permit for a hazardous waste management

facility to file a notice of intent with the department prior to

submitting the application. [1985 c 448 § 11.]

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

RCW 70.105.250 Appeals to pollution control

hearings board. Any disputes between the department and

the governing bodies of local governments in regard to the

local planning requirements under RCW 70.105.220 and the

designation of zones under RCW 70.105.225 may be

appealed by the department or the governing body of the

local government to the pollution control hearings board

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

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

RCW 70.105.255 Department to provide technical

assistance with local plans. The department shall provide

technical assistance to local governments in the preparation.

review. revision. and implementation of local hazardous

waste plans. [1985 c 448 § 13.]

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

RCW 70.105.260 Department to assist conflict

resolution activities related to siting facilitiesAgreements may constitute conditions for permit. (I) In

order to promote identification, discussion. negotiation. and

resolution of issues related to siting of hazardous waste

management facilities. the department:

(a) Shall compile and maintain information on the use

and availability of conflict resolution techniques and make

this information available to industries. state and local

government officials. and other citizens:

(1994)

RCW 70.105.280 Service charges. (1) The department mav assess reasonable service charges againSt those '

facilities that store. treat, incinerate. or dispose of dartgerous or extremely hazardous waste that contains both a n~~oactive hazardous component and a radioactive com~nent or. '_'{!j..t'. . ,.•

which are undergoing closure under this cbapter i,~~.those ,

instances where closure entails the physical characterization

of remaining wastes which contain both a nonradleactive

hazardous component and a radioactive componentor the .

management of such wastes through treatment or removal, ,

except any commercial low-level radioactive waste.J~cilitY.;

Service charges may not exceed the costs to the dep~ent'

in carrying out the duties of this section. \

(2) Program elements or activities for which service

charges may beassessed include:

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

facility or unit permit development. review. and issuance;

and

(b) Actions taken to determine and ensure compliance

with the state's hazardous waste management act.

(3) Moneys collected through the imposition of such

service charges shall be deposited in the state toxics control

account.

(4) The department shall adopt rules necessary to

implement this section. Facilities that store, treat, incinerate.

or dispose of dangerous or extremely haza-dous waste that

contains both a nonradioactive hazardous component and a

radioactive component shall not besubject to service charges

prior to such rule making. Facilities undergoing closure

under this chapter in those instances where closure entails

the physical characterization of remaining wastes which

contain both a nonradioactive hazardous component and a

radioactive component or the management of such wastes

through treatment or removal shall not be subject to service

charges prior to such rule making. [1989 c 376 § 2.]

Sevenbillty-l989 e 376: See note foUowing RCW 70.1OS.01O.

[Cb. 70.1GS-p. m

.<

, ,
70.105.300 Hazardous Waste Management

s .

RCW 70.105.300 Metals mining and milling

operations permits-Inspections by department of

ecology. (Effective July 1. 1995.) If a metals mining and

milling operation is issued a permit pursuant to this chapter.

then it will be subject to special inspection requirements.

The department of ecology shall inspect these mining

operations at least quarterly in order to ensure that the

operation is in compliance with the conditions of any permit

issued to it pursuant to this chapter. The department shall

conduct additional inspections during the construction phase

of the mining operation in order to ensure compliance with

this chapter. [1994 c 232 § 19.]

Sevenblllty-1994 e 131: See RCW 78.S6.900.

Effectivedate-l994 e 131 II 6-8 and 18-11: See RCW78.S6.902.

RCW 70.105.900 Short title-1985 c 448. This

chapter shall be known and may be cited as the hazardous

waste management act. [1985 c 448 § 16.]

Sevenblllty-198S e 448: See note following RCW 70.105.005.

leb. 70.105-p. 111

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(1994)