• 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) 

Legislative declaration of state policy on environment 

and utilization of natural resources. 

Purpose. 

Definitions. 

Department of ecology--Created. 

Department of ecology--Director--Appointment--Powers and duties--Salary--Temporary 

appointment when vacancy. 

Department of ecology--Powers, duties and functions 

transferred to department. 

Powers and duties of director of the department of 

ecology. 

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

Rules and regulations. 

Powers, duties and functions transferred to department 

to be performed by director--Delegation by director, limitations. 

Departmental administrative divisions--Deputy director, duties--Assistant directors, duties---As ex~

empt from state civil service law--Salaries. 

Director to employ personnel--Application of state 

civil service law. 

Studies by director--Limitations. 

Director to consult with department, state board of 

health. 

Director to consult with other states, federal government and Canadian provinces--Authority to receive 

and disburse grants, funds and gifts.· 

Request for certification of records as confidential-­

Procedure. 

Ecological commission--Created--Members appointed--Qualifications--Terms--Filling vacancies--Chairman, appointment--Removal-­

State agency representation. 

Ecological commission--Meetings--Travel 

expenses. 

Ecological commission--Powers and duties--Approval of rules and regulations--Certain functions 

of department of water resources exempted. 

Ecological commission--Matters before commission 

for advice and guidance, procedure--Commission 

secretary, duties-.-Commission staff and facilities--Annual report of commission action. 

Ecological commission--Majority of commission may 

agree to consider any matters pertinent to act's 

purpose. 

Pollution control hearings board of the state as affecting 

department, director and commission. 

Department of environmental quality means department 

of ecology. 

Marine pollution--Baseline study program--Legislative finding and declaration. 

Marine Pollution--Baseline study program established--Utilization of related programs--Coordination--Contracts. 

Marine pollution--Baseline study program--Scope 

of data base produced. 

Marine pollution--Baseline study program--Priority factors. 

Catalytic converters in police, ambulance or emergency 

aid vehicles--Department's powers restricted in respect thereto. 

Department authorized to participate in and administer 

federal Comprehensive ·Environmental Response, Compensation and Liability Act. 

43.21A.445 Department authorized to participate in and administer 

federal Safe Drinking Water Act--Agreements with 

other departments. 

43.21A.450 Control of outflow and level of Lake Osoyoos--Lake
 

Osoyoos International Water Control Structure
 

authorized.
 

43.21A.460 East Selah reregulating reservoir. 

43.21A.500 Exemption from water and flood control requirements 

of emergency recovery operations from Mt. St. Helens 

eruption authorized--Expiration of section. 

43.21 A.900 Chapter to be liberally construed. 

43.21 A.91 0	 . Savings--Permits. standards not affected--Sever­


ability--Effective date--1970 basic 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: RCW 43.21C.500, 89.16.500, 90.58.500. 

Minimum flows and levels--Departmental authority exclusive-­

Other recommendationsconsidered--Report of minimum flow 

setting program: RCW 90.03.247. 

Transfer of powers to department of ecology from environmental policy commission: RCW 43.21C.204. 

Water rights, departmental participation: Title 90 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 of the people of the state of Washington 

to live in a healthful and pleasant environment and to 

benefit from the proper development and use of its natural resources. The legislature further recognizes that as 

the population of our state grows, the need to provide for 

our increasing industrial, agricultural, residential, social, 

recreational, economic and other needs will place an increasing responsibility on all segments of our society to 

plan, coordinate, restore and regulate the utilization of 

our natural resources in a manner that will protect and 

conserve our clean air, our pure and abundant waters, 

and the natural beauty of the state. [1970 ex.s. c 62 § 

I.] 

Savings---Otber powers and rigbts not affected--Permits, standards, not affected--1970 ex.s. c 62: "The provisions of this act shall 

not impair or supersede the powers or rights of any 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 materials of this state are not changed hereby and the laws 

governing the same are to be protected and preserved." [1970 ex.s. c 

62 § 61.] 

Effective date--1970 ex.s. c 62: "This 1970 amendatory act shall 

take effect on July I, 1970." [1970 ex.s. c 62 § 64.] 

Severability--1970 ex.S. c 62: "If any provision of this 1970 

amendatory act, or its application to any person or circumstance is 

[Cb. 43.21A RCW-p II 
c 

43.21A.OIO Department of Ecology 

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

ex.s. c 62 § 65.] Sections 61, 64 and 65 above are from 1970 ex.s. c 62 

codified as chapters 43.21 A and 43.21 B RCW, RCW 43.06.073, 43­

.17.010 and 43.17.020. 

RCW 43.21A.020 Purpose. In recognition of the responsibility of state 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 resou~ces in an orderly, efficient, and effective manner and 

to carry out a coordinated program of pollution control 

involving these and related land resources. To this end a 

department of ecology is created by this chapter to undertake, in an integrated manner, the various water regulation, management, planning and development 

programs now authorized to be performed by the 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,mless the context indicates otherwise: 

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

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

of ecology. 

(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 of state government 

to' be known as the department of ecology. [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 charge of and supervisory powers over the 

department. He shall be paid a salary fixed by the 

governor in accordance with the provisions of RCW 43­

.03.040. If a vacancy occurs in the position of director 

while the senate is not in session, the governor shall 

make a temporary appointment until the next meeting of 

'the senate at which time he shall present to that body 

his nomination for the position. [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 

the director thereof, by the terms of chapter 90.48 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 of chapter 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 of health, or the director thereof, and by the state 

air pollution control board or its executive director, by 

terms ofchapter 70.94 RCW, the Washington Clean 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 of this 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's note: Departmental powers, duties and functions to be exercised under "chapter 70.95 RCW" were by a department of environmental 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 the code it shall mean the "department of ecology". 

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 of water 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 department of ecology. See RCW 43.21.130. 

RCW 43.21A.070 Application of administrative procedure act to the review of decisions by director. The administrative 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' of the various departments whose powers, duties 

and functions are transferred by *this 1970 amendatory 

act to the department of ecology. The administrative 

procedure act shall further apply to all other decisions of 

the director as in chapter 34.04 RCW provided. [1970 

ex.s. c 62 § 7.] 

·Reviser's note: For n this 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) 

c 
Department of Ecology 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 of his powers, duties, and functions, other 

than those relating to the adoption, amendment or rescission of rules and regulations, to employees of the department whenever it appears desirable in fulfilling the 

policy and purposes of this chapter. [1970 ex.s. c 62 § 

9.] 

-Reviser's note: For "this 1970 amendatory act". see notes following 

RCW 43.2IA.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. The director shall appoint a deputy director as well as such assistant directors as shall be 

needed to administer the several divisions within the department. The deputy director shall have charge and 

general supervision of the department in the absence or 

disability of the director. In the case of a 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 of salaries for officers exempt from 

the operation of the 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 of this chapter: 

Provided, That except as specified in RCW 41.06.073, 

such employment shall be in accordance with the rules 

of the state civil service law, chapter 41.06 RCW. [1970 

ex.s. c 62 § 12.] 

RCW 43.21A.130 Studies by director--Limitations. In addition to any other powers granted the director, 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 of each 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 of health. The director in carrying out 

his powers and duties under this chapter shall consult 

with the department of social and health services and the 

state board of health, or their successors, insofar as necessary to assure that those agencies concerned with the 

preservation of life and health may integrate their efforts to the fullest extent possible and endorse policies in 

common. [1979 c 141 § 67; 1970 ex.s. c 62 § 14.] 

Department of social and health services: Chapter 43.20A RCW. 

State board of health: Chapter 43.20 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. 

The director, whenever it is lawful and feasible to do so, 

shall consult and cooperate with the federal government, 

as well as with other states and Canadian provinces, in 

the study and control of environmental problems. On 

behalf of the department, the director is authorized to 

accept, receive, disburse, and administer grants or other 

funds or gifts from any source, including private individuals or agencies, the federal government, and other 

public agencies, for the purpose of carrying out the provisions of this chapter. [1970 ex.s. c 62 § 15.] 

.. RCW 43.21A.160 Request for certification of ,records as confidential--Procedure. Whenever any records or other information 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 if released 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 to the request, and if such action 

would not be detrimental to the public interest and is 

otherwise within accord with the policies and purposes of 

this chapter, may grant the same. [1970 ex.s. c 62 § 16.] 

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-p 31 
43.21A.170 Department of Ecology 

(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 ending on June 30, 1972, and one 

shall be appointed for a ~erm' ending' June 30" 1971. 

The,r~after, each member of the commission shall be appoirited for a term of four years. Vacancies shall be 

filled within ninety days for the remainder of the unexpire.d term by appointment of the ,governor in the same 

manner as the original appointments. Each member of 

the commission shail continue in office until his successor ,is: appointed. No member 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 giving him a copy of the charges against him, 

and 'an opportunity of being publicly heard in person, or 

by' counsel in his own defense. There shall be no right of 

review in any court whatsoever. The director or administrator, or a designated representative, of each of the 

foliowing state agencies: ' 

, (1) The department of agriculture; 

(2) The department of commerce and economic 

development; 

(3) The department of fisheries; 

(4) The department of game; 

(5) The department of social and health se'rvices; 

(6) The department of natural 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 of its choice, and at 

such other times as shall be designated by the director or 

upon the written request of a majority of the 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 of rules and regulations-­

lCb. 43.21A RCW-p 41 

Certain functions of department of water resources ex­ .empted. It shall be the duty of the members of the com­ G 

mission to provide advice and guidance to the director on
 

each of the following:
 

(1) Any positions proposed to be taken by the department on behalf of the 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 

state organizations for environmental quality purposes; 

(4) Any procedures for' considering applications for 

and granting variances; , 

(5) Any proposal developed for submission to the legislature as a departmental request bill; 

(6) Any other matter pertaining to the activities of the 

department submitted by the director for which advice 

and guidance is 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 of chapter 34.04 RCW. 

Unless, within thirty days of such notification, five of the 

members of the commission, notify the director in writing of their disapproval of such proposed rules and regu., 

lations and their reasons therefor, such rules and o 

regulations shall be adopted' by the director in accordance with the procedures of chapter 34.04 RCW. 

No powers, duties and functions authorized to be performed 'by the department of water resources, or the director thereof, by the terms of chapter 43.27A RCW or 

otherwise, including those assigned by action of the 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 of commission 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 of the 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 of the 

department designated by the director. It shall be the 

duty of the secretary to act as liaison between the commission and department as well as other state agencies; 

to prepare the minutes of the commission; and otherwise 

to assist the commission. The director shall furnish to 

(1983 Laws) 
Department of Ecology 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 of commission 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, the advisory commission may agree to consider any 

matter pertinent to the purposes of *this act by consent 

of a majority of the members. [1970 ex.s. c 62 § 21.] 

-Reviser's note: For "this act", see note following RCW 43.21A.OI0. 

RCW 43.21A.250 Pollution control hearings board 

of the state as affecting department, director and commission. See chapter 43.21 B RCW. 

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 

of potential 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 of ships, barges, 

and other waterborne carriers, the construction and operational characteristics of these 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 of marine waters, and the legislature recognizes that many factors combine to make this effort one 

of considerable magnitude and difficulty. The marine 

shoreline of the state is about two thousand seven hundred miles long, a greater length than the combined 

coastlines of Oregon and California. There are some 

three million acres of 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 of animal life in the waters of 

the state. These waters have a multitude of uses 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: Chapter 90.58 RCW. 

RCW 43.21 A.41 0 Marine pollution--Baseline 

study program established--Utilization of related programs--Coordination--Contracts. As part of the 

state effort to prevent and control oil pollution, a continuing, comprehensive program of systematic baseline 

studies for the waters of the state shall be established by 

the 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 43.21 A.420 

should, whenever possible, have multiple use, including 

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

or existing risks and impacts of oil pollution, as aids to 

developing a 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 

state shorelines management act of 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 of the wa- . 

ters, complete information on marine pollution accidents, 

and an economic evaluation of the marine resources and 

shoreline properties that may be damaged or impaired 

by oil pollution. Where oceanographic and water quality 

instrumentation is used to gather data, such instruments 

shall be standardized and intercalibrated. [1973 2nd 

ex.s. c 30 § 3.] 

RCW 43.21 A.420 Marine pollution-·-Baseline 

study program--Priority factors. In planning the state 

baseline studies program, priority shall be given to those 

waters (I) in which the greatest risk of damage 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 

production of food or food products. [1973 2nd ex.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-p 5) 
43.21A.430 Department of Ecology 

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. c 264 § 1.] 

RCW 43.21A.440 Department authorized ,to participiltein and administer federal Comprehensive Environme,~tal Response, Compensation and Liability Act. The 

depa'rtment of ecology 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 on July 24, 1983" contemplated for state participa.tion and administration under that act. [1983 c 270 § 

3.] , 

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

RCW 43.21A.44S Department authorized to participate in and administer federal Safe Drinking Water 

Act-'-Agreements with other departments. The departmen't' of ecology, the department of natural resources, 

the ,department of social and health services, and the oil 

and gas conservation committee are authorized to participate fully in and are empowered to administer all 

programs of Part C of the federal Safe Drinking Water 

Act (42 U.S.C. Sec. 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 program established under the federal Safe Drinking Water 

Act which provides matching funding for planning and 

implementation of a sole source aquifer protection 

program. 

The department of ecology, in the implementation of 

powers provided herein shall enter into agreements of 

administration with the departments of social and health 

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 and gas conservation committee are 

empowered to enter into such agreements and perform 

the administration contained therein. [1983 c 270 § 4.] 

Severability--1983 c 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 state of Washington 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 of implementing subsection (1) of 

this section, the department of ecology may acquire, design, construct, own, operate. and maintain a project to 

[C~. 43.21A RCW-p 61 

Control 

be known as 

Structure 

the 

and 

Lake 

may 

Osoyoos 

acquire 

International 

all real property 

Water 

in­ o

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 of abutments for the control structure, and flowage easements if necessary. 

(3) The department may accept and administer grants 

or gifts from any source for the purpose of carrying out 

subsection (2) of this section. 

(4) The department may exercise its powers under 

subsection (2) of this section directly or through contracts, except that it may not delegate its authority of 

eminent domain. The department may also enter into 

agreements with any public or municipal corporation 

with respect to operation and maintenance of the project 

authorized under subsection (2) of this section. [1982 c 

76 § 1.] 

Intent-'-1982 c 76: "It is the intent of this 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 act n consists of the enactment of RCW 43.21 A.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 and regulation of the waters of the 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) For the purpose of implementing subsection (I) of 

this section, the department of ecology 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 ensure that the objectives of this section are achieved. 

(3) The department shall not: 

(a) Exercise any powers of acquisition 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 

Department of Ecology 43.21A.910 

• 

the state for payment of costs for the operation or maintenance of the project; or 

(b) Enter into any agreement under subsection (3)(a) 

of this section until (i) federal legislation is enacted recognizing the amount of the value of the completed East 

Selah reregulating reservoir as a credit to any matching 

funds requirement placed upon the state of Washington 

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 water rights to operate the project. [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 

of section. 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 

of ecology, for operations within such county: Provided, 

That the applicable legislative authority shall promptly 

notify the department of ecology within five days of the 

emergency action taken and the emergent nature of the 

problem. The notification shall be made to the water resources regional supervisor of the southwest region of 

the department of ecology.

• 

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-1982 c 7: 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 

43.21 A.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. 

• (1983 Laws) lCb. 43.21A RCW-p 7J