# • Chapter 43.21A ReW 

# DEPARTMENT OF ECOLOGY

Sections 43.21A.01O

43.21A.020 43.21A.030 43.21A.040 43.21A.050

43.2IA.060

43.21A,066

43.21A.070

43.21A.080 43.21A.090

43.21A.lOO

43.21A.120 

# • 43.2IA.130 43.21A.140

43.21A.150

43.21A.160

43.21A.l70

43.21A.180

43.21A.190

43.2IA.200

43.21A.210

43.2IA.250

43.2IA.400

43.2IA.405

43.2IA.410

43.2IA.415

43.21A.420

43.21A.430 

# • 43.2IA.440

(1983 Laws) Legislativedeclaration ofstate policy on environment and utilization ofnatural resources. Purpose. Definitions. Departmentofecology--Created. Departmentofecology--Director--Appointment--Powersand duties--Salary--Temporary appointment when vacancy. Departmentofecology--Powers,duties and functions

transferred todepartment. Powers and dutiesofdirectorofthedepartment of

ecology. Application ofadministrativeprocedure act to the review ofdecisions by director. Rules and regulations. Powers, duties and functions transferred to department

to be performed by director--Delegation by director, limitations. Departmental administrative divisions--Deputydirector, duties--Assistantdirectors, duties---As**ex~** empt from statecivil service law--Salaries. Director to employ personnel--Applicationofstate

civil service law. Studies by director--Limitations. Director to consult with department, stateboard of

health. Directorto consult with otherstates, federal government and Canadianprovinces--Authorityto receive and disburse grants, funds andgifts.· Request for certificationofrecords as confidential-­

Procedure. Ecological commission--Created--Membersappointed--Qualifications--Terms--Fillingvacancies--Chairman,appointment--Removal-­ Stateagency representation. Ecological commission--Meetings--Travel

expenses. Ecological commission--Powersandduties--Approval ofrules and regulations--Certain functions ofdepartment ofwater resources exempted. Ecological commission--Mattersbefore commission

for advice andguidance, procedure--Commission secretary, duties-.-Commission staffand facilities--Annual report ofcommission action. Ecological commission--Majorityofcommission may

agree toconsider any matters pertinent to act's
purpose. Pollution control hearings board ofthe stateas affecting

department, director and commission. Department ofenvironmentalquality means department

ofecology. Marinepollution--Baselinestudy program--Legislative finding anddeclaration. MarinePollution--Baselinestudy program established--Utilizationofrelated programs--Coordination--Contracts. Marinepollution--Baselinestudy program--Scope

ofdata base produced. Marinepollution--Baselinestudy program--Priority factors. Catalyticconverters in police, ambulanceoremergency

aid vehicles--Department'spowers restricted in respect thereto. Department authorized to participatein and administer

federal Comprehensive·Environmental Response, Compensation and Liability Act. 43.21A.445 Departmentauthorized to participatein and administer federal Safe Drinking Water Act--Agreementswith otherdepartments. 43.21A.450 Controlofoutflow and level ofLake Osoyoos--Lake Osoyoos International WaterControl Structure authorized. 43.21A.460 EastSelah reregulatingreservoir. 43.21A.500 Exemption from waterand flood control requirements ofemergency recovery operations from Mt. St. Helens eruption authorized--Expirationofsection. 43.21A.900 Chapterto be liberally construed. 43.21A.910	 . Savings--Permits.standards not affected--Sever­ ability--Effectivedate--1970basic act. Agencies to review licensure requirements and report to governor:

RCW 19.02.120. Agricultural pesticide advisory board, departmental representation:

RCW 17.21.230. Domestic waste treatment plants--Certification and regulation of

operators: Chapter 70.95B RCW. Exemptions for emergency recovery operations from Mt. St. Helens

eruption authorized: RCW43.21C.500, 89.16.500, 90.58.500. Minimum flows and levels--Departmental authority exclusive-­

Other recommendationsconsidered--Report of minimum flow settingprogram: RCW 90.03.247. Transfer ofpowers to department ofecology from environmental policy commission: RCW43.21C.204. Waterrights, departmental participation: Title90 RCW

.


### RCW 43.21A.OIO Legislative declaration of state policy on environment and utilization of natural resources. The legislature recognizes and declares it to be the policy of this state, that it is a fundamental and inalienable right ofthe people ofthe state ofWashington
to live in a healthful and pleasant environment and to benefit from the proper development and use ofits natural resources. The legislature further recognizes that as thepopulation ofour stategrows, the need toprovide for

our increasing industrial, agricultural, residential, social, recreational, economic and other needs will place an increasing responsibility on all segments ofour society to plan, coordinate, restore and regulate the utilization of

our natural resources in a manner that will protect and

conserve our clean air, our pure and abundant waters, and the natural beauty of the state. [1970 

### ex.s. c 62 

### § I.]

Savings---Otberpowers and rigbts not affected--Permits, standards, not affected--1970ex.s. c 62: "The provisions ofthis act shall
not impairorsupersede thepowers orrights ofany person, committee, association, public, municipal or private corporations, state or local governmental agency, federal agency, or political subdivision of the slate of Washington under any other law except as specifically provided herein. Pollution control permits, water quality standards, air pollution permits, air quality standards, and permits for disposal of solid waste materialsofthis stateare not changed hereby and the laws governing the same are to be protected and preserved." [1970 ex.s. c 62 § 61.]

Effective date--1970ex.s. c 62: "This 1970 amendatory act shall takeeffect on July I, 1970." [1970ex.s. c 62 § 64.]

Severability--1970 ex.S. c 62: "If any provision of this 1970 amendatory act, or its application to any person or circumstance is

[Cb. 43.21A RCW-p 

### II

# c 43.21A.OIO Department ofEcology

held**in~alid,** the remainder ofthe act, or the application ofthe provision to other persons or circumstances, shall not be affected." [1970

ex.s. c 62 § 65.] Sections 61, 64 and 65 above are from 1970ex.s. c 62 codified as chapters 43.21A and 43.21B RCW, RCW 43.06.073, 43­ .17.010 and 43.17.020.



### RCW 43.21A.020 Purpose. In recognition ofthe responsibility ofstate government to carry out the policies set forth in'RCW 43.21A.OI0, it is the purpose of this chapter to establish a single state agency with the authority to manage and develop our' air and water re**sou~ces** 

### inanorderly, efficient, and effective mannerand
to carry out a coordinated program ofpollution control involving these and related land resources. To this end a department of ecology is created by this chapter to undertake, in an integrated manner, the various water regulation, management, planning and development programs now authorized to be performed by the departnient of water resources and the water pollution control commission, the air regulation and management program now performed by the state air pollution contro.1 board, the solid waste regulation and management prQgram authorized to'be performed by state government as provided' by chapter 70.95 RCW, and such other environmental, management protection and development programs as may be authorized by the legislature: [1970 ex.s. c 62 

### §2.]

RCW 43.21A.030 Definitions. As used in this chapter,.1,mlessthecontext indicates otherwise: (1). "Department" means thedepartment ofecology. ·(2) "Director" means the director of the department ofecology. (3) "Commission" means the ecological commission. [1970 ex.s. c 62 § 3.]

RCW. 43.21A.040 Department of ecology--Created. There is created a department ofstate government to'be known as the department ofecology. [1970 ex.s. c 62 § 4.]

RCW 43.21A.OSO Department of ecology--Director--Appointment--Powers and duties--8alary--Temporary appointment when vacancy. The executive and administrative head of the department shall be the director. The director shall be appointed by the governor with the consent of the senate. He shall have complete chargeofand supervisory powers over the department. He shall be paid a salary fixed by the governor in accordance with the provisions ofRCW 43­ .03.040. 

### If a vacancy occurs in the position of director while the senate is not in session, the governor shall makea temporary appointmentuntil thenext meeting of 'the senate at which time he shall present to that body his nomination for theposition. [1970 ex.s. c 62 § 5.]

Duties relating to ecological commission: RCW 43.21A.190 and

43.21A.200.



### RCW 43.21A.060 Department of ecology--Powers, duties and functions transferred to department. The

lCh. 43.11A RCW-p 1] 

### following powers, duties and functions are hereby transferred to the department of ecology created in RCW 43.21A.040: (1) All powers, duties and functions authorized to be performed by the water pollution control commission, or thedirectorthereof, by thetermsofchapter90.48 RCW

or otherwise, including those assigned by action of this 1970 legislature;

(2) All powers, duties and functions authorized to be performed by the department ofwater resources, or,the director thereof, by the terms ofchapter 43.27A RCW

or otherwise, including those assigned by action of this 1970 legislature;

(3) All powers, duties and functions authorized to be performed with reference to air pollution by the department ofhealth, or the director thereof, and by the state air pollution control board or its executive director, by termsofchapter70.94 RCW,theWashingtonClean Air Act, or otherwise, including those assigned by this 1970 legislature; and (4) All powers, duties and functions authorized to be performed by the department of health, or the director of health, involving the control of pollution problems created by the disposal of solid waste, including those assigned by action ofthis 1970 legislature, and all powers, duties and functions to be exercised and performed by a department of ecology by the terms of *chapter 70.95 RCW, including those assigned by this 1970 legislature. [1970 ex.s. c 62 § 6.]

-Reviser'snote: Departmentalpowers, duties and functions tobe exercised under "chapter70.95 RCW" wereby a department ofenvironmental quality, never in fact created; see note following RCW 70.95.030; however, section 62 of 1970 ex.s. c 62, codified in RCW 43.21A.400 provides when "department of environmental quality" is used in thecode it shall mean the "department ofecology". Powers, duties, and functions of department of health, director thereof, transferred to department of social and health services, director thereof: RCW 43.20A.030. performed by department ofwater resources, director thereof, not affected by RCW 43.21A.190: RCW 43.21A.190.



### RCW 43.21A.066 Powers and duties of director of the departmentofecology. See RCW 43.21.130.

RCW 43.21A.070 Application ofadministrative procedure act to the review ofdecisions by director. Theadministrative procedure act, chapter 34.04 RCW, shall apply to the review of decisions by the director to the

same extent as it applied to decisions issued by the directors' ofthe various departments whose powers, duties and functions are transferred by *this 1970 amendatory
act to the department of ecology. The administrative procedureact shall further applyto all otherdecisions of the director as in chapter 34.04 RCW provided. [1970

ex.s. c 62 § 7.]

·Reviser'snote: For nthis 1970 amendatory act", see notes following RCW 43.21A.OI0.



### RCW 43.21A.080 Rules and regulations. The director of the department of ecology is authorized to adopt

(1983 Laws) 

# cDepartmentofEcology 43.21A.170 

# • such rules and regulations as are necessary and appropriate to carry out the provisions of this chapter. [1970

ex.s. c 62 

### § 8.]
Proposed rules and regulations submitted to ecological commission for

approval: RCW 43.21A.l90.

RCW 43.21A.090 Powers, duties and functions transferred to department to be performed by director--Delegation by director, limitations. All powers, duties and functions transferred to the department by the.terms of *this 1970 amendatory act shall be performed by the director: 

### Provided, That the director may delegate, by appropriate rule or regulation, the performance of such ofhis powers, duties, and functions, other than those relating to the adoption, amendment or rescission ofrules and regulations, to employees ofthe department whenever it appears desirable in fulfilling the policy and purposes of this chapter. [1970 ex.s. c 62 

### § 9.]

-Reviser'snote: For "this 1970 amendatory act". see notes following RCW43.2IA.01O.



# • RCW 43.21A.I00 Departmental administrative divisions--Deputy director, duties--Assistant directors, duties-As exempt from state civil service law-­ Salaries. In order to obtain maximum efficiency and effectiveness within the department, the director may create such administrative divisions within the department

as he deems necessary. Thedirector shall appoint a deputydirectoras well as such assistant directorsas shall be needed to administer the several divisions within the department. The deputy director shall have charge and general supervision ofthe department in the absence or disability ofthe director. In the caseofa vacancy in the

.office of director, the deputy director shall administer the department until the governor appoints a successor to the director or an acting director. The officers appointed under this section and exempt from the provisions of the state civil service law as provided in RCW 41.06.073, shall be paid salaries to be fixed by the governor in accordance with the procedure established by law for the fixing ofsalaries for officers exempt from the operation ofthe state civil service law. [1970 ex.s. c 62 § 10.]

RCW 43.21A.120 Director to employ personnel-­ Application of state civil service law. The director shall have the power to employ such personnel as may be necessary for the general administration ofthis chapter: 

### Provided, That except as specified in RCW 41.06.073, such employment shall be in accordance with the rules ofthe statecivil service law, chapter 41.06 RCW. [1970

ex.s. c 62 

### § 12.]

RCW 43.21A.130 Studies by director--Limitations. In addition to any other powers granted thedirector, he may undertake studies dealing with all aspects of positive action: 

### Provided Further, That the results of all such studies shall be submitted to the legislature prior to thirty days before the beginning ofeach regular session during an odd-numbered year. [1980 c 87 

### § 22; 1970

ex.s. c 62 

### § 13.]

RCW 43.21A.140 Director to consult with department, state board ofhealth. The director in carrying out his powers and duties under this chapter shall consult with thedepartmentofsocial andhealthservices andthe
stateboard ofhealth, or their successors, insofar as necessary to assure that those agencies concerned with the preservation of life and health may integrate their efforts to the fullest extentpossible and endorse policies in

common. [1979 c 141 

### § 67; 1970 ex.s. c 62 

### § 14.]
Departmentofsocial and health services: Chapter43.20A RCW. Stateboard ofhealth: Chapter43.20 RCW.

RCW 43.21A.150 Director to consult with other states, federal government and Canadian provinces-­ Authority to receive and disburse grants, funds and gifts. Thedirector, whenever it is lawful and feasible to do so, shall consult and cooperatewith the federal government,

as well as with other states and Canadian provinces, in the study and control of environmental problems. On behalf of the department, the director is authorized to accept, receive, disburse, and administer grants or other funds or gifts from any source, including private individuals or agencies, the federal government, and other public agencies, for the purpose ofcarrying out the provisions ofthis chapter. [1970 ex.s. c 62 

### § 15.]

.. RCW 43.21A.160 Request for certification of 

### ,records as confidential--Procedure. Whenever any records orotherinformation furnished under the**authori~y** of this chapter to the director, the department, or arty division of the department, relate to the processes of production unique to the owner or operator thereof, or may affect adversely the competitive position of such

owner or operator ifreleased to the public or to a competitor, the owner or operator of such processes or production may so certify, and request that such information or records be made available only for the confidential use of the director, the department, or the appropriate division of the department. The director shall give consideration totherequest, and ifsuch action would not be detrimental to the public interest and is otherwisewithin accord with thepolicies and purposesof this chapter, may grant thesame. [1970ex.s. c 62 

### § 16.]

RCW 43.21A.170 Ecological commission--Created--Members appointed-Qualifications-­ Terms--Filling vacancies--Chairman, appointment--RemovaI--State agency representation. There is hereby created an ecological commission. The commission shall consist of seven members to be appointed by the governor from the electors of the state 

# • environmental problems involving land, water, or air: who shall have a general knowledge of and interest in 

### Provided, That in the absence of specific legislative au­ environmental matters. No persons shall be eligible for thority, such studies shall be limited to investigations of appointment who hold any other state, county or municparticular problems, and shall not be implemented by ipal elective or appointive office.

.

(1983 Laws) lCh. 43.21A RCW-p31

### 43.21A.170 DepartmentofEcology

(a) One public member 'shall be a representative of orga'nized labor. (b) One public member shall be a representative of the business community. ' (c)' One public member shall be a representative of the**agricultura~** 

### community. (d) Four persons representing the public at large. The members of the initial commission shall be appointed within thirty days, after July 1, 1970,. Of the members of the initiat' commission, two shall be appointed for terms ending'June 30, 1974, two shall be app,oi'nted for terms endirig on June 30, 1973, two shall be appointed for terms endingon June 30, 1972, andone shall be appointed for a**~erm'** 

### ending' June 30" 1971.**The,r~after,** 

### each member ofthe commission shall be appoirited for a term of four years. Vacancies shall be filled within ninety days for the remainder ofthe unexpire.d term by appointment ofthe ,governor in the same

manner as the original appointments. Each member of the commission shail continue in office until his successor,is:appointed. Nomember shall be appo'inted for more than two consecutive terms. The chairman of the commission shall be appointed from the members by the**gov~rnor.**



### The governor may remove any commission member for cause givinghim a copy ofthe charges against him, and'an opportunity ofbeing publicly heard in person, or by'counsel in his own defense. Thereshall be no right of review in any court whatsoever. The director or administrator, or a designated representative, of each of the foliowing stateagencies: '

,(1) The departmentofagriculture;

(2) The department of commerce and economic development; (3) The departmentoffisheries; (4) The departmentofgame; (5) 

### Thedepartmentofsocial andhealth se'rvices; (6) The departmentofnatural resources; and (7) The state parks and recreation commission shall be given notice of and may attend all meetings of the commission and shall be given full opportunity to examine and be heard on all proposed orders, regulations or recommendations. [1979 c 141 § 68; 1970 ex.s. c 62 § 17.]



### RCW 43.2iA.180 Ecological commission-­ Meetings--Travel expenses. The commission shall
meet quarterly at a date and place ofits choice, and at suchothertimes as shallbedesignatedby thedirectoror upon the written request of a majority ofthe commissio.n. Members of the commission shall receive reimbursement for their travel expenses as provided in RCW 43.03.050 and 43.03.060, as now existing or hereafter amended. [1975-'76 2nd ex.s. c 34 § 100; 1970 ex.s. c 

### 62 § 18.]

, Effecthe**dat~everability-1975-'76** 2nd ex.s. c 34:·See notes following RCW 2.08.115.



### RCW 43.21A.190 Ecological commission-Powers and duties-Approval ofrules and regulations-­

lCb. 43.21A RCW-p41 

### Certain functions of department of water resources ex­

.empted. It shall be the duty ofthe members ofthe com­ 

# G

mission toprovideadvice andguidanceto thedirectoron each ofthe following: (1) Any positions proposed to be taken by the department on behalfofthe state before interstate and federal agencies or federal legislative bodies on matters relating
to or affecting the quality of the environment of the state; (2), Any comprehensive environrhent quality plan, program or policy proposed for adoption by the department as a state plan 'or'policy pertaining to an environmental management activity; (3) Any procedures for the financial assistance grants proposed'to be given to municipal, regional, county or stateorganizations for environmental qualitypurposes; (4) Any procedures for'considering applications for and grantingvariances;

, (5) Any proposal developed for submission to the legislature as a departmental request bill; (6) Any othermatterpertainingto theactivities ofthe department submitted by the director for which advice and guidanceis requested. The director shall submit in writing to each member of the commission all rules and regulations, other than for procedural matters, proposed by him for adoption in accordance with the procedures ofchapter 34.04 RCW. Unless, withinthirtydaysofsuchnotification, five ofthe members ofthe commission, notify the director in writing oftheir disapproval ofsuch proposed rules and regu., lations and their reasons therefor, such rules and 

# o

regulations shall be adopted' by the director in accordance with theprocedures ofchapter 34.04 RCW. Nopowers, duties and functions authorized to be performed 'by the department ofwater resources, or the director thereof, by the terms ofchapter 43.27A RCW 

### or otherwise, including those assigned by action ofthe 1970 legislature shall be affected by this section. [1970 ex.s. c 62 § 19.]



### RCW 43.21A.200 Ecological commission--Matters before commission for advice and guidance, proce­ 'dure--Commission secretary, duties-Commission staff and facilities-Annual report ofcommission action. In matters submitted to the commission for advice and guidance, as set forth in RCW 43.21A.190, it shall be the responsibility'of the director to accompany such request,with a statement ofthe background occasioning the request, togethe'r with the director's proposal for dealing with the same. Each membe'r shall individually subinit to the director'in writing his views within such time as the director shall prescribe. In considering a matter submitted to it by the director, the commission shall conduct such public hearings and make such investigations as it deems necessary. The secretary of the commission shall be the director, or an employee ofthe department designated by the director. It shall be the duty ofthe secretary to act as liaison between the commission and department as well as other state agencies;
to preparethe minutes ofthecommission; and otherwise to assist the commission. The director shall furnish to

(1983 Laws)

### DepartmentofEcology 43.21A.430 

# • the commission such staff and facilities as may be necessary to fulfill its duties. He shall submit to the governor each year, a report containing a summary of the advice and guidance rendered by the commission. [1977

c 75 §47; 1970 ex.s. c 62 § 20.]



### RCW 43.21A.210 Ecological commission--Majority ofcommission may agree to consider any matters pertinent to act's purpose. In addition to the duties and authorities contained in RCW 43.21A.190 and 43.21A­ .200, theadvisory commission may agreetoconsider any matter pertinent to the purposes of *this act by consent ofa majority ofthe members. [1970 ex.s. c 62 § 21.]

-Reviser'snote: For "this act", see note following RCW43.21A.OI0.



### RCW 43.21A.250 Pollution control hearings board of the state as affecting department, director and commission. Seechapter43.21

### BRCW.



### RCW 43.2tA.400 Department of environmental quality means department of ecology. Wherever in the
statutes of this state, including any enactment at this 1970 extraordinary session, the department of environmental quality is referred to such reference shall mean the state department of ecology created herein. [1970

ex.s. c 62 § 62.] 

# • RCW 43.2tA.405 Marine pollution--Baseline study program-Legislative finding and declaration. The legislature recognizes that there exists a great risk ofpotential damage from oil pollution of the waters of the state of Washington and further declares that immediate steps must be undertaken to reduce this risk. The legislature also is aware that such danger is ex-· pected to increase in future years in proportion to the increase in the size and cargo capacity ofships, barges, and other waterborne carriers, the construction and operational characteristics ofthese carriers, the density of waterborne traffic, and the need for a greater supply of petroleum products.

A program of systematic baseline studies to be conducted by the department of ecology has been recognized as a vital part of the efforts to reduce the risk of oil pollution ofmarine waters, and the legislature recognizes that many factors combine to make this effort one of considerable magnitude and difficulty. The marine shoreline of the state is about two thousand seven hundred miles long, a greater length than the combined coastlines of Oregon and California. There are some three million acres of submerged land and more than three hundred islands in these marine waters. The average depth of Puget Sound is two hundred twenty feet. There is a great diversity ofanimal life in the waters of the state. These waters have a multitudeofuses by both humans and nonhumans, and the interaction between man's activities and natural processes in these waters varies greatly with locale. [1973 2nd ex.s. c 30 

### § 1.] 

# • Oil pollution: RCW 90.48.315 through 90.48.360. Shoreline management act: Chapter90.58 RCW. 

### RCW 43.21A.410 Marine pollution--Baseline study program established--Utilizationofrelated programs--Coordination--Contracts. As part of the
state effort to prevent and control oil pollution, a continuing, comprehensive program of systematic baseline studies for thewatersofthe stateshall be established by the department of ecology. Full utilization of related· historical data shall be made in planning these studies. Data from these and other scientific investigations made pursuant to RCW 43.21A.405 through 43.21A.420 should, whenever possible, have multiple use, including

use as supporting evidence ofenvironmental damage resulting from oil pollution, as indicators of the potential

or existing risks and impacts ofoil pollution, as aids to developing a methodology for implementing the reduction of risks, and as aids to maintaining water quality standards. A baseline study program shall take full.advantage of the data and information produced by related programs, such as the marine ecosystems analysis (MESA) pro:, gram of the national oceanic and atmospheric administration, studies and inventories made pursuant to the
stateshorelines managementactof 1971, and others. All phases of the program, including planning, operations, data analysis, interpretation, storage, retrieval, and dissemination phases, shall be coordinated to the greatest possible extent with appropriate governmental, academic,and industrial organizations. Whenever possible, the department shall contract with existing state agencies, boards, commissions, and institutions of higher education for the scientific investigation programs to be conducted. [1973 2nd ex.s. c 30 

### § 2.]



### RCW 43.21A.415 Marine pollution--Baseline study program--Scope of data base produced. The data base produced by such studies should include chemical, physical, and biological parameters ofthe wa-

. ters, completeinformation on marinepollution accidents, and an economic evaluation ofthe marine resources and shoreline properties that may be damaged or impaired by oil pollution. Whereoceanographic and water quality instrumentation is used to gather data, such instruments shall be standardized and intercalibrated. [1973 2nd

ex.s. c 30 

### § 3.]



### RCW 43.21A.420 Marine pollution-·-Baseline study program--Priorityfactors. In planning the state baseline studies program, priority shall be given to those waters (I) in which the greatest risk ofdamage from oil spills exists; (2) which contain marine and fresh water life that is particularly sensitive to toxins contained in crude oil, oil products, and oil wastes; and (3) which are used or may be used for the harvesting, gathering, or productionoffood or food products. [1973 2ndex.s. c 30 § 4.]



### RCW 43.2tA.430 Catalytic converters in police, ambulance or emergency aid vehicles-Department's powers restricte«:t in respect thereto. The department of ecology may not adopt, maintain in effect, or enforce any rule requiring the installation or maintenance of a

(1983 Laws) 

### leh. 43.21A RCW-p5)

### 43.21A.430 DepartmentofEcology

catalytic converter in the exhaust system of any motor vehicle used as a police vehicle, or ambulance, an emergency aid vehicle, or a fire department vehicle, and any catalytic converter in the exhaust system of any such vt?hicl,e may be lawfully removed. [1977 ex.s. c264 § 1.]



### RCW 43.21A.440 Department authorized ,to participiltein and administer federal Comprehensive Environ**me,~tal** 

### Response, Compensation and Liability Act. The depa'rtment ofecology is authorized to participate fully in,and is empowered to administer all programs of the federal Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. 9601 et seq.), as**it'e~ists** 

### onJuly 24, 1983" contemplated for state participa.tion and administration under that act. [1983 c 270 § 3.]
,

Severability--1983c 270: Seenote following RCW 90.48.260.



### RCW 43.21A.44S Department authorized to participate in and administer federal Safe Drinking Water Act-'-Agreements with otherdepartments. The departmen't' of ecology, the department of natural resources, the,department ofsocial and health services, and the oil and gas conservation committee are authorized to participate fully in and are empowered to administer all programs ofPart C ofthe federal Safe Drinking Water Act (42 U.S.C. Sec. 300(h) et seq.), as it exists on July 24, '1983, contemplated for state participation in administration under the act. The department of ecology is also authorized to participate in any future federal programestablishedunder the federal SafeDrinking Water Act which provides matching funding for planning and implementation of a sole source aquifer protection program.

The department ofecology, in the implementation of powers provided herein shall enter into agreements of administration with thedepartments ofsocial andhealth services and natural resources and the oil and gas conservation committee to administer those portions of the**sta~e** 

### program, approved under the federal act, over which the said departments and committee have primary subject-matter authority under existing state law. The departments of social and health services and natural

resources and the oil andgasconservation committeeare empowered to enter into such agreements and perform the administration contained therein. [1983 c 270 § 4.]

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



### RCW 43.21A.4S0 Control of outflow and level of Lake Osoyoos--Lake Osoyoos International Water Control Structure authorized. (1) The legislature recognizes the need for the stateofWashington to implement

an understanding reached with the Province of British Columbia in relation to controlling the outflow and level of Lake Osoyoos, an international lake, and in connection therewith to replace an existing lake control structure on the Okanogan river in Washington state which has been classified as deteriorated and unsafe. (2) For the purpose ofimplementing subsection (1) of this section, the department ofecology may acquire, design, construct, own, operate. and maintain a project to**[C~.** 43.21A RCW-p61 

### be known as the Lake Osoyoos International Water 

# o

Control Structure and may acquire all real property in­ terests necessary thereto by purchase, grant, gift, or eminent domain; provided that the authority of eminent domain as granted to the department under this section is limited to acquiring'property necessary for access to the control structure, location ofabutments for the control structure, and flowage easementsifnecessary. (3) Thedepartment may acceptand administergrants

or gifts from any source for the purpose ofcarrying out subsection (2) ofthis section. (4) The department may exercise its powers under subsection (2) of this section directly or through contracts, except that it may not delegate its authorityof eminent domain. The department may also enter into agreements with any public or municipal corporation with respect to operation and maintenance ofthe project authorized under subsection (2) ofthis section. [1982 c 76 § 1.]

Intent-'-1982c 76: "It is the intent ofthis legislature in enacting this act that total capital costs and'annual operations and maintenance costs for the said project be shared equally by Washington state and British Columbia.n [1982 c 76 § 2.] "This actn consists ofthe enactment of RCW 43.21A.450, the above-quoted section, and an appropriation section, which is uncodified.



### RCW 43.21A.460 East Selah reregulating reservoir. (1) The legislature recognizes the need to improve the control andregulation ofthewaters ofthe Yakima river system to insure that both necessary diversionary and instream beneficial uses of those waters, which provide 

# o

the foundation for the economic and environmental well-being of the Yakima valley, are achieved to the maximum extent reasonably attainable. It

### is further recognized that the most satisfactory means for satisfying this need is to improve the existing water project, known

as the Yakima project, presently operated by the United States bureau of reclamation. Therefore, the legislature intends to aid the United States in improving the Yakima project by constructing physical works and providing financial assistance. (2) Forthe purpose ofimplementing subsection (I) of this section, the department ofecology may acquire. design, and construct a project, known as the East Selah reregulating reservoir, and may acquire, by gift, purchase, or condemnation, all real property interests necessary to complete the project. The department may then transfer the completed East Selah reregulating reservoir to the department of the interior of the United States subject to such conditions as the department of ecology requires to ensurethat the objectives ofthis section areachieved. (3) Thedepartment shall not: (a) Exercise any powers ofacquisition or construction provided in subsection (2) of this section, until the department has entered into a binding agreement with the United States department of the interior that the 'department of the interior will, upon completion by the department of the East Selah reregulating reservoir project, accept title to the project and thereafter operate and maintain the project (i) consistent with the agreement of transfer, and (ii) without any obligation upon

(19M3 Laws).•. rl


### DepartmentofEcology 43.21A.910 

# • the state for payment ofcosts for theoperation or maintenance ofthe project; or (b) Enter into any agreement under subsection (3)(a) ofthis section until (i) federal legislation is enacted recognizing the amount ofthe value ofthe completed East Selah reregulating reservoir as a credit to any matching funds requirement placed upon the state ofWashington established in any authorization or appropriation bill enacted after August 23, 1983, relating to any project studied under Public Law**96~162,** and (ii) the department is satisfied that the United States has the necessary waterrights tooperatetheproject. [1983 1st ex.s. c 18 

### § 1.]



### RCW 43.21A.SOO Exemption from water and flood control requirements of emergency recovery operations from Mt. St. Helens eruption authorized--Expiration ofsection. Emergency recovery operations from the Mt. St. Helens eruption authorized by 

### RCW 36.01.150, 43­ .01.200, and 43.01.210 may be exempted by the applicable county legislative authority from the requirements related to water and flood control under the department ofecology, for operations within such county: 

### Provided, That the applicable legislative authority shall promptly notify the department ofecology within five days ofthe emergency action taken and the emergent nature ofthe problem. The notification shall be made to the water resources regional supervisor of the southwest region of the departmentofecology. 

# • This section shall expire on June 30, 1988. [1983 1st

ex.s. c 1 

### § 6; 1982 c 7 

### § 7.]

Se,erability-1983 lst ex.s. c I: See note following RCW 43.01.200.

Se,erability-1982c7: See note following RCW 36.01.150.



### RCW 43.21A.900 Chapter to be liberally construed. The rule of strict construction shall have no application
to this chapter and it shall be liberally construed in order to carry out the broad purposes set forth in 

### RCW 43.21A.020. [1970 ex.s. c 62 

### § 27.]



### RCW 43.21A.910 Savings--Permits, standards not affected--8everability--Effective date--1970 basic act. See notes following 

### RCW 43.21A.OI0

.



# •

(1983Laws) lCb. 43.21A RCW-p7J