# • Chapter 70.105 RCW HAZARDOUS WASTE MANAGEMENT



# •

• 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. Slalldardsand regulations-Adoption-Notice and hearing-Consultation with other agencies. Listand 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 otherthan 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 ofdepanment to regulate PCBwaste. Regulation of wastes with radioactive and hazardous components. Regulation of dangerous wastes as.sociaIed with energy facilities. Radioactive wastes-Authority ofdepanment of social and health services. Application of chapterto special incineratorash.

. Hazardous subswK:e remedial actions-ProceduraJ requirements not applicable. Authority of attorney general. Department's powers as designated agency under federal act. Copies ofnotification 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 ofrules-Reconunendations to legislature. Disposal ofdangerous 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 trealJllelItfacilities, Local governmentregulatory authority to prohibit or condition. Localgovernments to prepare local hazardous waste plans-Basis-Elements required. Local govemments to prepare local hazardous waste plans-Used oil recycling element Localgovernments to designate zones-Depanrnenrai guidelines-Approval of local govemmem zone designations or amendments-Exemption. 70.IOS.230 Localgovernments 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 andliability: RCW70.136.010 through 70.136.070.
HlWUdous wasrefeu: Chapter 70.105B RCW.
Radioactive and hazardous

....aste emergency response progranu. SUJU coordinator: RCW38.52.030. Transport ofhazardous materials. slate patrolauthority 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 ofthe state depend on clean and 

### pureenvironmental resources 

### unaffected by hazardous wastecontamination. 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 ofthe 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 ofhazardous waste is necessary to preventadverseeffects on

### theenvironment 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 ofthis chapter is to establish a comprehensive state-wide

### framework for the planning, regulation. control. and managementof hazardous waste which will prevent land. air. 

### and.water pollution and conserve the natural. economic. and energy
resources ofthe state. To this end it is the purpose ofthis 

### chapter: (I) 

### To provide broad powers ofregulation to the departmentofecologyrelating to managementof

### 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 andlocal 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 ofproblems 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 RCW70.105.005.



### 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 clearlyrequires 

### otherwise. (1) 

### "Department" means the departmentofecology. (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. orrecycling 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 orcontainersof such substances which are disposed of in such quantirr---'\ concentration 

### as to 

### pose a substantial present or

### pot£~l hazard to 

### humanhealth.wildlife. orthe 

### environment

### beeaiise such wastes or constituentsor 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 similarconflict resoiu- programs be carried out as necessary to manage the

# wO

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 ofhazardous wastes. local governmentis the appropriate level ofgovernwaste 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: "Ifany provision ofthis actor ill 

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

### (a) Public confidence in the safety ofthe facilities; theact ortheapplication oftheprovision10other**pe~** or c:ilCWili!l'''"'''I 

### (b) Assurance that the hazardous waste management is notaffected: [1985c 448 § 19.J 

### priorities established in this chapterare

### being carried out to the maximum degree practical; (c) Recognition that all state citizens benefit from certain products whose manufactureresults 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 ofhazardous 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 ofthe legislature to preempt local government's authority to approve. deny. or otherwise. regulate disposal and incineration facilities. and to vest in the department ofecology 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 ofland use considerations the construction ofa 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 ofthe

### disposal site authorized for acquisition under this chapter. the private sectorhas had

### the primary role in providing hazardous waste management facilities and services in the state. It is the intent ofthe 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 

### tJHazardous 

### 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 asignificantenvironmental hazard and mav be concentrated by living organisms through a food chain or may affect the genetic make-up ofman 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 beclosed 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 ofquantity. that exhibits any ofthe 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 ofthe properties ofhazardous waste but is exemptfrom 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 ofsubstances 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 ofdangerous or extremely hazardous waste thatcontains both anonradioactive 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 ofremaining wastes Which contain both a nonradioactive hazardous component and a
(1994) 70.10S.010

radioactive component or the management ofsuch 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: "Ifany provision ofthis act or its application to any person or circumsrance is held invalid. the remaiDderof the act or the appliClllionof 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 ofthis chapter those substances which exhibit characteristics consistent with the definition provided in RCW 70.105.0I0(6); (2) Adopt and may revise when appropriate. minimum standards and regulations for disposal ofextremely hazardous wastes to protect against hazards to the public,.and to the environment. Before adoption ofsuch standards and regulations. the department shall consult with appropriate agencies of interested local governments and secure technical assistance from the departmentof agriculture. the department of social and health services, the department offish and wildlife. the departmentof natural resources, the department of labor and industries. and the deparunent ofcommunity, 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 ofhazardous 

### waste-RUles and regulations. (l) Afterthe effective date ofthe regulations adopted by the deparunent designating extremely

# ¥zardous
wastes. any person planning to dispose ofextremely hazardous waste as designated by the department shall provide the operator ofthe disposal site with a list setting forth the extremely hazardous wastes for disposal. the amount ofsuch
wastes. the general chemical and mineral composition of such waste listed by approximate maximum and minimum percentages, and the origin ofany such waste. Such list. when appropriate. shall include information on antidotes, first aid. or safety measures to betaken in case ofaccidental
contact with 

### theparticularextremely hazardous waste being disposed. (2) The deparunent shall adopt and enforce all rules and regulations including the form and content ofthe 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 ofthis chapter, if: (1)The waste is generated pursuant to a consent

### decree issued underchapter 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 ofhuman health and the environment as determined by the department ofecology; and (4) Waste treated or disposed ofon-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 ofthe department to apply any requirement ofthis 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 ofthis 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 ofgeneral 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 ofadministration ofthis chapter and the cost ofdevelopment. operation. maintenance. and perpetual management of the disposal site. Ifoperated 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 ofradioactive wastes. (I) No person shall dispose ofdesignated extremely hazardous wastes at any disposal site in the state otherthan the disposal site established and approved for such purpose under provisions ofthis 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 ofa remedial action conducted by the departmentor 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 

### bedisposed at a radioactive waste disposal site that is (a) owned by the United States department of energy or a licensee ofthe nuclear regulatory commission


## reb. 70.105---9.

### 41**~.** and (b) permitted by the"department and operated in compliance with the provisions of this chapter. However, prior to disposal, or as a part ofdisposal, 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 ofrules,**reguJation~** criterla and fee schedules. All rules, regulations, 

### criteria. and fee schedules adopted by the department to implement the provisions ofthis chapter shall 

### bereviewedby the solid
waste advisory committeefor the purpose ofrecommending 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 electto receive dangerous waste at the site provided underthis chapter, provided

. (I) it is upon request ofthe owner, producer, or person having custody ofthe waste, and (2) upon the payment of a fee to cover disposal (3) it can be reasonably demonstrated that there-is no otherdisposal sites in the state that 

### willhandle such

### daJJgerous waste. and (4) the site is designed to handle such a requestor 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 ofthis chapteror ofthe rules adopted thereunder shall be subjected
to a penalty in an amount ofnot 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 ofcommission or omission, procures, aids, or abets in the violation shall 

### beconsideredto have violatedthe provisions ofthis 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-Shortlitle-ConstructloD-Rules-Severa'>1I1tyCapUons-1987e 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. orexports a hazardous substance**I~ V1olati0,9_~!**  this chapter 

### is guilty of: (1) A class B**~el~ny** If

### the. ) knows at 

### thetime that 

### theconductconsumnng

### Jhe V1ol",_-" places anotherperson 

### in imminentdanger of

### deathor

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

(1994)

### Hazardous Waste Management 

# •

•

• that the conduct constituting the violation places any property of another person or any natural resources owned by the
state of Washington or any ofits local governments inimminent danger of harm. As used in this section. "imminent danger" means that there is a substantial likelihood that harm willbe

### 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-

. Effectiveda!e-Severabll1ty-1989 e 2: See RCW70.1050.900through 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 ofthis chapter. or ofthe rules implementing this chapter, shall be guilty of a gross misdemeanor and uponconviction thereofshall bepunished 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 ofcontinuing 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 thedepartmentdetermines 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 orderis 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 chapterto 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-Shorttitle--Conatruc:tlon-Rules-SeverabilltyCaptlons-1987 c 1M: See DOteSfollowing RCW43.218.1X>I. Severability-1983 e 172: See note following RCW 70.105.097,



### RCW 70.105.097 Actionfor damages resulting from violation-Attorneys' fees. A person injured as aresultof a violation of this chapter or the rules adopted thereunder may bring an action in superiorcourt 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)**--------~** 

### 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: "Ifllny provision ofthis act or its appliClltion 10 any penon orcircumstanceis held invalid. theremainderof the act or the application ofthe provision to other personsorc::1n:urnstane:eS is nOl affected: (1983 c 172 § 

### S.1

RCW 70.105.100 Powers and duties ofdepartment. The department in performing its duties under this chapter may:( I) Conduct studies and coordinate research programs pertaining to extremely hazardous waste management; (2) Rendertechnical assistance to 

### generators ofdangerous and extremely hazardous wastes and to state and local agencies in the planning and operation of hazardous waste programs: (3) Encourage and provide technical assistance to waste generators to form and operate a "waste exchange" for the purpose offinding users for dangerous and 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 ofextremely hazardous waste disposal practices in the state. [1975-'76 2nd ex.s, c 101 § 

### 10.]

RCW 70.105.105 Duty ofdepartment 

### 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 whosedisposal is notregulated under 40 CFRpart761. 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 ofwastes with radi0ac

### tive and hazardous components. The department of ecology may regulate all hazardous wastes, including those composed ofboth radioactive and hazardous components, to the extentit is not preempted by federal law. [1987 c 488 § 2.]



### RCW 70.105.110 Regulation ofdangerous 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 ofchapter 80.50 RCW. regulation ofdangerous
wastes associated with energy facilities from generation to disposal shall be solely by the department pursuant to chapter70.105 RCW. In the implementationofsaid 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 ofmonitoring and on-site inspection programs at energy facility sites, anyon-site inspection by the department that 

### may be required for the purposes ofthis 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 ofthis 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 oftheir 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 ofsocial and health services. Nothing in this chapter diminishes the authority ofthe department ofsocial and health services to regulate the radioactive portion of mixed wastes pursuant to chapter70.98 RCW. [1987 c 488 § 

### 5.]

RCW 70.105.112 Application ofchapter to special**~nc.inerator** ash. This chapter does not apply to special 

### mcmeratorash regulated underchapter 70.138 RCW except that, for purposes ofRGW 4.22.070(3Xa), special incinerator ash shall 

### beconsidered 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 ofthis 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 ofecology shall ensure compliance with the substantive requirements ofthis 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

### bythedepartmentpursuantto RCW 70.1050.090. [1994 c 257 § 17.] Severability-I994 e 257: See Dote following RCW 36.70A.270.

RCW 70.105.120 Authority ofattorney general. At the request ofthe department. the attorney general is authorized to bring such injunctive. declaratory, or other actions to enforce any requirement ofthis 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 apermit system for owners or operators of facilities which treat, store, or dispose ofdangerous wastes: PROVIDEO. That spent containers ofpesticides 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 ofdangerous 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 transporterresponsibility; (d) Enter at reasonable times establishments 

### regulated under 

### thissection 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 ofnotification 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 ofany notification forms, or 

### annual reports that 

### arerequiredpursuant to RCW 70.105.130

### tothe 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 arenot 

### serviced by a fire department or fire district. the forms or 

### reports shall be provided to the sheriffor other county official designated pursuant to RCW 48.48.060 upon therequest of the sheriffor other county official. This section shall not apply to the transportation ofhazardous wastes. [l986c 82 § 

### 1.]

RCW 70.105.140

# Rul~**imPle~entedUDder-R(~':;** 70.105.l3O-Review. Rules 

### implementingRCW70.105.1;'11 shall be submitted to the house and senate committees on ecology for review priorto being adopted 

### in 

### accordance with chapter 34.05 RCW. [1980 c 144 

### § 3.]

RCW 70.105.145 Department's authority

### topartldpate in and administer federal act. Notwithstanding any other provision ofchapter 70.105 RCW, the department of ecology is empowered to participate fully in and is empowered 

### to administerall aspects ofthe 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

### thatact [1984 c 237 §

### 2; 1983 

### c 270 § 2.] Severability-l983 e 1'70: See DOtefollowingRCw 90.48.260.

RCW 70.105.150 Declaration-Managementof hazardous waste-Priorities-Defmitiom. 

### Thelegislature hereby declares 

### that- (I) The health and welfare ofthe people of the state depend on 

### clean and pure environmentalresources

### unaffected by hazardous waste contamination. Management and regulation ofhazardous waste disposal should encourage practices which result 

### in the least amount of waste being produced. Towards that end. the legislature finds 

### thatthe following priorities in the management of hazardous waste
arenecessary and shouldbe 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 ofmaterial requiring disposal; (d) "Incineration" means reducing the volume or toxicity of wastes by use ofan 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 ofa 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 ofrulesRecommendations 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 ofthe study to sound environmental management and available technology. As 

### an elementofthe study. the department shall review methods that will help achieve the priority ofRCW 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 ofthe 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 ofdangerous 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: "Ifany provision ofthis act or ItS applicationto any person or circumstance is held invalid. therem:under of the actor theapplication of theprovISion tootherpersons or circumstances is nOl affected." [1984 c 254 

### t 3.)

11994) 

### 70.105.150

RCW 70.105.165 Disposal ofdangerous 

### wastesat commercial off-site land disposal facllitles-Llmltatloos. (I) Independent ofthe processing or issuance ofany 

### orall federal. state. and local 

### permitsfor disposal ofdangerous wastes, 

### no disposal ofdangerous wastes at acommercial 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

### arecompleted for the 

### particular wastes or waste categories to be disposed ofand 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 ofwastes that have not met the requirements of subsection (I) 

### of this section shall not be undertaken by any developer ofa dangerous waste disposal facility. (3) 

### The department shall prioritize the studies ofwaste categories undertaken under RCW 70.105.160 to provide initial consideration ofthose 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 ofthe study shin be completed. and implementing regulations

### proPOSed.·.~Y July 

### 1. 1986. 

# <

.. (4) Any final 

### permitissued by the department befOre the adoption ofrules promulgated as a result ofthe.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 theestablishment of: (I) 

### Consultative services which. in conjunction with any business orindustry 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 managementalternatives. Any persor. receiving such service or assistance may. in accordance with state law. request confidential treatment ofinformation about their manufacturing or business practices. [1983 

### Ist ex.s. c 70 § 3.]

RCW 70.105.180 Disposition offlnes and penal. ties-EarniDgs. All fines and penalties collected under this chapter shaDbe 

### 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 

### beexpended exclusively by the department of ecology for the purposes of ·this act, subject to legislative appropriation. Other sources offunds deposited in this
account may also beused for the purposes of·this act. All earnings ofinvestments ofbalances 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. Effectivedate-1985 e 57: Secnote 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 ofthe capacity of existing facilities to treat. store. dispose, or otherwise manage hazardous waste; (b) A forecast of future hazardous waste generation; (c) A description ofthe 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 ofeligible 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. ofexisting facilities on the basis oftheir 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. Thedepartment 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 ofthe state hazardous waste management plan by interestedcitizens. local government, business and industry. environmental groups. and other entities as appropriate. (3) Siting criteria shall be completed by December 31. 1986. Otherplan components listed in subsection (1) ofthis section shall 

### becompleted by June 30. 1987. (4) The department shall incorporate into the state hazardous waste management plan those elements ofthe 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 ofhazardous 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 

### beestablished 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 ofutilities 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 notefollowing 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 ofhazardous substances.s.a.fely. In order} encouragethe developmentofsuch 

### facilities,the**~_f** shall adopt rules as necessary regarding the permitting of such facilities to ensure the most expeditious 

### permitpr0cessing possible consistent with the substantive 

### requirements of applicable law. 

### Ifowners and operators are not the same entity, the operator shall 

### bethe permitapplicant 

### and

### responsible for the development ofthe permit application 

### and all accompanying materials. as long as the owner 

### also

### signsthe application and certifies its ownership of the 

### realproperty described in the application. and acknowledges its awareness ofthe contents ofthe application and receipt ofa copy thereof. (1986 

### c 210 § 3.]

RCW 70.105.217 Local government regulatory authority to prohibitorcondition. Nothing in

### thischapter shall alter or affect the regulatory authority of aCOUDty, city,

orjurisdictional health district to condition or prohibit the acceptance ofhazardous 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 ofcontiguous 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 

### thejurJ\ tion. This element shall include an assessment oftile quantities. types. generators, 

### andfate of moderate-risk

### wastes in

### thejurisdiction. 

### The

### purpose of this element isto 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 ofmoderate-risk waste. This element shall provide information regarding: (i) 

### The potential hazards to human health and the 

### environmentresulting from improper use and disposal of the waste; and (ii) 

### Proper methods ofhandling, reducing, recycling. and disposing ofthe waste; (c) An inventory ofall existing generators ofhazardous waste and facilities managing hazardous waste within the jurisdiction. This inventory shall be based on data provided by the department; (d) 

### A description ofthe public involvement process used indeveloping the plan: (e) A description ofthe eligible zones designated in accordance with 

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

### ofthe 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-relatedplans and policies in thejurisdiction.(3) Local governments shall coordinate with those persons involved in providing privately owned hazardous and moderate-risk waste facilities and services as follows: Ifa 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 ofthat 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 itsjurisdiction. (4)(a) The department shall prepare guidelines for the developmentoflocal 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 interestgroups. and appropriate units of local governmentto encourage the development of voluntary public education programs on the proper handling of hazardous household substances. (6) Local hazardous waste plans shall becompleted 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 ofcontiguous local governments. shall submit its local hazardous waste

t1994l 

### 70.105.%%0

plan or amendments 

### theretoto the department. The department shall approve or disapprove local hazardous waste plans or amendments by December 31, 1990. or within ninety days. ofsubmission. whichever is later. The department shall approve a local hazardous waste plan ifit determines that the plan is consistent with this chapter and the guidelines under subsection (4) 

### ofthis 

### section. If approval is denied. the department 

### shall submit its objections to the local government within ninety days of submission. However, for plans submittedbetween 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 ofcontiguous local governments. shall implement the local hazardous
waste plan for itsjurisdiction by December 31. 1991. (9) The departmentmay waive the specific requirements ofthis section for any local government if such local government demonstrates to the satisfaction ofthe 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 notefollowingRCW 70.l0S.00S. Usedoil recvclingelement: RCW70.951.020.



### RCW 70.105.%%1 

### Local governments to prepare localhazardous'

### waste plans-Used oil 

### recycling element. Local governments and combinations oflocal 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-e

### Exemption. (1) Each local government, or combination of contiguous local governments. is directed to: (a) Demonstrate to the satisfaction ofthe department that existing zoning allows designated zone facilities as permitted

### uses: or (b) designate land use zones within itsjurisdiction 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) 

### ofthis section. (2) 

### Local governments shall notprohibitthe processing

or handling ofhazardous waste in zones in which the processing or handling ofhazardous substances is not prohibited. This subsection does not apply in residential

zones. (3) The 

### department shall prepare guidelines. as 

### appropriate. for the designation ofzones under this section. The guidelines shall be prepared in consultation with local governments and shall becompleted by December31. 1986. (4) The initial designation of zones shall be completed

or revised. and submitted to the department within eighteen months after 

### the enactment ofsiting 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) 

### AsofJuly 28. 1985, the state preempts the field ofstate,**regi.o.n~.** or . local permitting and regulating ofall preempted facilities defined in this chapter. The department ofecology IS designated the soledecision-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 Withrespect
to such facilities including. but not limited 

### tc, thelocation. construction. and operation ofsuch facilities. Permits 

### issued by the department shall 

### bein lieu ofany 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 thatany permits 

### issued under this chapterinvoking thepreeD!ption authority of

### this section meet the substantive requirements ofexisting state laws and regulations to theextentsuch laws and regulations
are not inconsistent or in conflict with any ofthe 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 requiredunder 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 ofthe estimated
cost ofthe work to 

### beperformed. Local governments may meet their share ofcosts with cash or contributed services. Local governments. or combination ofcontiguous local governments. conducting pilot projects pursuant to RCW 70.105.220(4) may subtract the cost ofthose pilot projects conducted for hazardous household substances from their share ofthe cost. Ifa pilot project has been conducted

### for all moderate-risk wastes. only the portion ofthe cOslJl-

..·-, applies to hazardous household substances**s~** 

### besubl:\ / ed. 

### The matching funds requirement underthis subsecilon shall 

### be waived

.for local governments. or combination of contiguous local governments. that complete 

### andsubmit

### their local hazardous waste plans underRCW70.105.220(6) prior

to June 30. 1988. (3) Recipients ofgrants shall meet such**q~cations** and follow such procedures in applying for and using grants

as may 

### beestablished by the department. [1986, c 210 

### § 2; 1985 

### c 448 § 9.] Severability-l98S e 448: Seenote following RCW 70.lOS.00s.

RCW 70.105.230

. Local governments to submit letter ofintent to identify ordesignate zones and submit management plans-Departmentto prepare plan 

### in event offailure to act. (1) Each local government is directed to submit to the director ofthe department by October 31. 1987. a letter ofintent stating that it intends to (a) identify.

ordesignate ifnecessary. 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 

### becompleted 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~'** 

### Orfails 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 ofRCW 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-1985e 448: Seenote 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 

### besubject to the same requirements as if they were zone designations. (6) Each local government. orcombination ofcontiguous local governments. shall submitits designation ofzones

or amendments thereto to the department. The department shall 'approve or disapprove zone designations or amendments within ninety days ofsubmission. The department shall approve eligible zone designations ifit determines that the proposed zone designations are consistent with this chapter. the applicable siting criteria. and guidelines for developing designated zones: PROVIDED. 

### Thatthe department shall consider local zoning in place as ofJanuary I, 1985. or other special situations or conditions which may exist in the jurisdiction. Ifapprovafis denied. the department shall state within ninety days from the date ofsubmission the facts upon which that decision is based and shall submit the statement to the local government together with any othercomments orrecommendations 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 ofthis section if: (a) Regulated quantities of hazardous waste have not been generated within thejurisdiction 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 ofthe department that no significant portion of land within thejurisdiction 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. -" ,,,:'

_ 'nlHazardous Waste Management



# . '.

# • of this chapter. In the event that any ofthe provisions of this chapter. or any ofthe 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 ofJuly 28. 1985. any ordinances. regulations. requirements. or restrictions ofregional or local governmental authorities regarding the location. construction. or operation of preempted facilities shall 

### bedeemed superseded. However. in issuing permits under this section. the department shall consider local fire and building codes and condition such permits as appropriate in compliance therewith. (4) EffectiveJuly 1. 1988. the department shall have the

same preemptive authority as defined in subsections (I) through (3) ofthis section in regard to any designated zone facility that may be proposed in anyjurisdiction 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: Seenote 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 ofdispute 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 ofRCW 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 Departmentmay 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 oflocal governments in regard to the local planning requirements under RCW 70.105.220 and the designation ofzones under RCW 70.105.225 may be appealed by the department or the governing body ofthe local government to the pollution control hearings board established under chapter43.21B 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 ofhazardous 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 componentand a radioactive**com~nent** or. '_'{!j..t'.

. ,.• which are undergoing closure under this cbapter**i,~~.those** , instances where closure entails the physical characterization ofremaining wastes which contain both a nonradleactive hazardous component and a radioactive 

### componentor the . management ofsuch 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 staffsupport 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 

### bedeposited 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 

### besubjectto service charges prior to such rule making. Facilities undergoing closure under this chapter in those instances where closure entails the physical characterization ofremaining wastes which contain both a nonradioactive hazardous component and a radioactive component or the management ofsuch wastes through treatmentor removal shall not 

### besubjectto 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.) 

### Ifa metals mining and milling operation is issued a permit pursuant to 

### this chapter. then it will be subject to special inspection requirements. The department ofecology 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 RCW78.S6.900. Effectivedate-l994e 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

L**~_~** _ 

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(1994)