# • Chapter70.105ARCW HAZARDOUSWASTEREGULATION

Sections 70.J05A.OJO Policy--Purposes. 70.105A.020 Definitions. 70.J05A.030 Annual fee--When due-Graduationoffees-­ Rules--Apportionmentofincome--Exemption--Feelimitation--Adjustment. 70.105A.040 Annual fee for operation offacility for treating, storing, or disposing hazardous wastes--Rules--Feelimitation--Adjustment. 70.J05A.050 Disposition offees. 70.J05A.060 Use offunds in the hazardous waste control and elimination account--Additionaldepartmental powers--Actionsby attorney general authorized. 70.105A.070 Review offee--Procedure.

. 70.J05A.080 Unpaid fees--Interest--Civil penalties--Maximum--Actionsby attorney general authorized. 70.J05A.090 Revenue for general fund reimbursement for site cleanupand restoration. 70.105A.900 Severability--Constructionofchapter-­ Implementation. 70.105A.905 Effective dates--Prorationof 1983 fee--1983 1st

ex.s. c65.
Hazardous waste disposal: Chapter70.105 RCW. 

# • RCW 70.105A.O10 Policy--Purposes. (1) It 

### is the policy of the state of Washington to protect the public health and welfare of all its citizens against the dangers arising from the generation, transport, treatment, storage, and disposal of hazardous wastes and from releases ofhazardous substances. In order to reach that policy objective, it is not only necessary to provide
state government with broad powers of regulation, control: and removal of these hazardous wastes and substances, including the power to fashion and effectuate remedial directives, but it is imperative that adequate funds are also provided to carry out these powers in a vigorous manner. in the implementation of the provisions ofthis chapter, the state shall, when appropriate, cooperate with and support federal agencies in their implementation ofcounterpart federal hazardous waste and substances programs, while pursuing independent state actions whenever it appears they will provide more efficient or effective alternative programs to achieve the policies and purposes ofthis chapter. (2) The purposes of this chapter are, among others: (a) To supplement the powers already vested in the department ofecology relating to hazardous wastes and to releases of substances which are hazardous to the environment or public health, (b) to provide moneys necessary for the full, sufficient, and efficient implementation ofthehazardouswaste and substances regulation control and removal program of the state, (c) to encourage reduction of hazardous wastes through recycling and improvement ofmanufacturingprocesses, (d) toprovide for well as on the state's natural, environmental, and biological systems, (e) to provide for funding to study, plan, and undertake the rehabilitation, removal, and cleanup ofhazardous waste deposited improperly at sites located within the state, and 

### (0 to provide funds for matching
purposes for participation in the federal Comprehensive Environmental Response, Compensation and Liability Act of 1980. [19831stex.s.c65 § 1.]



### RCW 70.105A.020 Definitions. As used in this chapter, the following terms have the meanings indicated unless thecontextclearly requires otherwise. (1) 11

### Dangerous waste" shall have the same definition

as set forth in RCW 70.105.010(5) and shall specifically include those wastes designated as dangerous by rules adopted pursuantto chapter 70.105 RCW; (2) "Department" means thedepartmentofecology; (3) "Extremely hazardous waste" shall have the same definition as set forth in RCW 70.105.010(6) and shall specifically include those wastes designated as extremely hazardous by rules adopted pursuant to chapter 70.105 RCW; (4) 11

### Hazardous waste" means and includes all dangerous and extremely hazardous wastes; (5) "Person 11 

### means an individual, trust, firm, joint stock company, partnership, association, state, public or private or municipal corporation, commission, political subdivision of a state, interstate body, the federal governmentincluding any agencyorofficerthereof, and any Indian tribeor authorized tribal organization; (6) "Identified site" means the sameor geographically contiguous property, which may be divided by a public

or private right ofway, provided thataccess between the properties occurs at·an intersection and crosses, as opposed to goes along, the right of way. Noncontiguous properties owned by the sameperson butconnected by a right ofway will be considered a single identified site if the person controls the right of way and can prevent public access; (7) 

### "Fee" means the annual hazardous waste control and elimination assessment fee imposed under RCW 70­ .105A.030 and the fee for treatment, storage, and

-disposal facilities imposed under RCW 70.105A.040; (8) 11

### Annual gross income" of a business means the value proceeding or accruing during a calendaryear by

reason of the transaction of the business or service engaged in and includes gross proceeds ofsales, compensation for the rendition of services, gains realized from trading in stocks, bonds, or other**evidence~** 

### ofindebtedness, interest, discount, rents, royalties, fees,' commis­ 

# • thecleanupand restoration ofthose siteswithin thestate sions, dividends, and other emoluments however at which improper disposal of hazardous waste has oc­ designated, all without any deduction on account of**tt~e** 

### curred, resulting in the potential for deleterious impacts cost oftangible property sold, the cost ofmaterials used,

on the health and welfare ofthe citizens ofthe state, as labor costs, interest, discount, delivery costs, taxes, or

(1983 Laws) [eb. 70.105A RCW-p 1]

### 70.n05A.020 HazardousWaste ReguBmtiOllu



### any other expense whatsoever paid or accrued and with­ When determining the particular business activity at out'any**~edtiction** 

### on account oflosses; and an identified site, the department of ecology shall con­

"(9) "Generate" means any act or process which pro­ sider the major purpose of the activity or activities oc­ ,duce's hazardous waste or first causes a hazardous waste curring at the identified site. Under this sectior., each ,to become subject to regulation. [1983 1st ex.s. c 65 § identified site shall be**r~quired** 

### to pay only one fee an- ' 2.]

, 

### nually, but no fee shall be assessed on any person at an identified site engaged solely in making retail sales as RCW 70.105A.030 AnmJlal fee-When due­ 

### defined in RCW 82.04.050, except for those identified**J.~radRlladon** 

### of fees-,-JRades-'-Apportionment of in­ 

### sites which ,generate hazardous waste. come-ExemptiollD--,Fee Umntation--Adjustment. (2) The fee imposed by this section shall be due and (.1) 

### 'In addition to all**oth~r** 

### fees and taxes, there is payable on June 30 ofthe year next succeeding the calhereby imposed and the department of revenue shall endar year in which a person has engaged atany timein**coll.~ct** 

### anaQ!lual fee from ever.y person identified by the the business activities listed in subsection (1) ofthis sec**d~partment** 

### of ecology for the privilege of utilizing or tion. Theamountofthe fee for anidentified site shall be**ope~ating** 

### an identified**site~** 

### ,other than as described in graduatedby referenceto theannual gross income ofthe RCW 70.105A.040(1), in conQection with any of the business apportioned to the site as provided in subsection**fol1o~ingbusiness** 

### activities within this state: (3) of this section in accordance with the following

. (a) Exploring for, extracting, beneficiating, process­ schedule: ing,'or**s~lling** 

### metallic or nonmetallic minerals; (a) For annual gross income not in excess ofone mil­ (b) Exploring for, extracting, processing, or selling lion dollars, a fee of not more than one hundred fifty coal;

, dollars; (c) 

### Producing, distributing, or selling electricity; (b) For annual gross income in excess of one million (d) Industrial or nonresjdential contracting or heavy dollars butnot exceeding ten million dollars, a fee ofnot constrl,lction; more than seven hundred fifty dollars;

. (e)j>ainting or sandblasting; (c) For annual gross income in excess often million (f),

### Producing, processing, or selling rubberorplastics; dollars, a fee ofnot more than seven thousand five hun­ (g) Producing, processing, or selling glass, cement, or dred dollars. concrete; The department ofecology shall further graduate the

.eh) Cutting, milling, producing, preparing, or selling fees set forth in (a), (b), and (c) of this subsection in lumberor wood**prod~cts,** 

### including wooden furniture or accordance with criteria including but not limited to the fixtures;

. quantity of hazardous waste generated and the health 

# (

,'(i) Producing, preparing, or selling paper or allied and environmental risks associated with the waste. The '­ 

### p.r09ucts; departmentofecology shallpublish by rule a scheduleof 'U)

### Printingor publishing; these graduatedfees. \**(~)** 

### Synthesizing, producing, processing, preparing, or

. (3) For purposes ofthis section, annual gross income selling chemicals or allied products;

. ofthebusiness shall mean gross proceeds ofsales as de­ (I) 

### Exploring for, extracting, producing, processing, fined in RCW 82.04.070or gross income ofthe business distributing, or selling petroleum or gas; as defined in RCW 82.04.080; and shall mean gross in­

. (m) Fabricating rubber or plastic products; come, as defined in *RCW 82.16.010(13). Annual gross

(n) Beneficiating, processing, or selling primary or income of the business of a person rendering services secondary metals; taxable under RCW 

### 82.04.290 and maintaining places

(o) Fabricating metal products, including metal furni­ ofbusiness within and without this state shall be apportureor fixtures; tioned in accordance with the provisions of RCW 

### 82.04­

'(p) fabricating, constructing, preparing, installing, or .460. The total annual gross income of the business selling machinery or supplies; taxable in this state under chapters 82.04 and 82.16 (q) Fabricating, constructing, installing, preparing, or RCW 

### shall be apportioned·equally by the department of selling electrical or electronic equipment, machinery, or ecology among the identified sites utilized by such busisupplies;

, ness in this statewithout regardtotheamountor nature (r) Fabricating, producing, preparing, or selling trans­ ofthe use: Provided, 

### That the person subject to the fee portation equipment; may request, and the departmentofecology shall grant, (s) Transporting by railroad, motor vehicle, or water apportionment among identified sites utilized in this vessel; state according to each site's share of annual gross in­ (t)Telephol1;e communication; come ofthe business apportioned to this state. The per­ (u) Drycleaning, photofinishing, or furniture son subjecttothefee shallbearthe burden ofsupporting refinishing; the allocation among sites with appropriate data as rea­ (v) Transferring, treating, storing, or disposing of sonably requested by the departmentofecology. solid, dangerous, or extremely hazardous wastes; and (4) If 

### an identified site does not generate hazardous (w) Repairing or servicing motor vehicles, railroad wastes regulated by chapter 70.105 RCW, the person equipment, or water vessels. owning or controlling the site is exempt from the fee imposed by this section.



### leh. 70.10SA RCW-p2) (1983 Laws)

### Hazardous Waste Regulation 70.105A.060 

# •

•

• (5) Notwithstanding subsection (I) or (2) of this section or RCW 70.105A.040, no person who owns or operates a combined identified site and hazardous waste treatment, storage or disposal site shall be required to pay more than seven thousand five hundred dollars annually to the hazardous waste control and elimination
account. (6) Thefees imposed by this section and the limitation

on total payment of subsection (5) of this section shall be adjusted by five percent whenever theconsumer price indexofthe United Statesdepartmentoflabor increases

or decreases by a five percent increment from the index figure 'in existence on January 1, 1983, and such fee and limitation adjustments shall be published in rules by the department ofecology. (7) Fees shall not be required under this section for solid wastes generated primarily from the combustion of coal or other fossil fuels, until at least six months after the date of submission of the study required by section 8002 of the federal resource conservation and recovery act. (8) For purposes of this section "manufacturer,"

, Itwholesaler," "retailer," and "person engaging in service activities" shall have the meaning attributed to such
terms in chapter 82.04 RCW. ItBusiness activities" shall

mean activities ofany person subject tothefees imposed in subsection (1) ofthis section engaging in business as defined in chapters 82.04 and 82.16 RCW. (9) In the administration of this section and in addition to other provisions in this chapter for the enforcement and collection of fees due and owing under this section, thedepartment ofrevenue is authorized to apply the provisions ofchapter 82.32 RCW, provided that the provisions ofRCW 82.32.050 and 82.32.090 shall not be applied. 

### If the annual gross income of the business of
any person subject to the fee imposed under this section is finally determined to be greater or less than that reported to the department of revenue for the year in question, the department of revenue shall, if necessary, recompute the fee due and shall refund or assess the outstanding balance, as the case may be. [1983 1st ex.s.

c 65 

### § 3.]

·Reviser's note: "RCW 82.16.010(13)" was renumberd as RCW 82.16.010(12) by 1983 2nd ex.s. c 3 § 32.



### RCW 70.105A.040 Annual fee for operation of facility for treating, storing, or disposing hazardous wastes--Rules--Fee limitation--Adjustment. (1) Every person who operates a facility for the purpose of treating, storing, or disposing of hazardous wastes, that is subject to a permit issued under authority of RCW 70.105.130or70.105A.060(4) (includinga permit issued in satisfaction ofthe requirements of42 U.S.C. section 6925 ofthe federal Resource Conservation and Recovery Act, as amended) shall, on orbefore September 1, 1984, and on or before May 15 ofeach year thereafter, pay to the state a fee relating to the operation of such treatment, storage, or disposal facilities.

. In relation to these annual fees, the 'department is empowered to adopt rules relating to: (a) Establishment ofclasses offacilities subject to fees, taking intoaccount

(1983 Laws) the size and type offacility and the risks ofdetrimental impacts associated therewith; and (b) the settingofa fee schedule pertaining to these classes with those classes presenting a greater risk having a higher dollar amount than those classes presenting a lesser risk: Provided, That the annual fee for any class shall not be greater than seven thousand five hundred dollars. The department shall prepare a list of all such hazardous waste facilities and the fee for each such facility

or type offacility and shall provide a statementto each operator ofa facility specifying the fee that is owed and' the basis for the fee. (2) Notwithstanding the provisions of RCW 70­ .105A.030 (I) through (5) or this section, no person who operates a combined identified site and hazardous waste treatment, storage, or disposal site shall be required to pay more than seven thousand five hundred dollars annually to the hazardous waste control and elimination
account. (3) The department ofecology is required to increase

or decrease the fees ofsubsection (I) ofthis section and the limitation on total payment ofsubsection (2) ofthis section, by five percent on each occasion when the consumer price index of the United States department of labor increases or decreases by a five percent increment from the index figure as it existed on January 1, 1983. Each such fee and limitation increase or**d~crease** shall be set forth in rules adopted by the department ofecology. [1983 1stex.s. c 65 §4.]



### RCW 70.105A.050 Disposition offees. All fees paid
to the state as provided in RCW 70.105A.030 and 70­ .105A.040 shall be placed in a hazardous waste control and elimination account ofthe general fund, and subject
to legislative appropriation, be expended by the department ofecology solely to carry out the powers set forth in RCW 70.105A.060. [1983 1st ex.s. c 65 § 5.]



### RCW 70.105A.060 Use of funds in the hazardous
waste control and elimination account--Additional departmental powers--Actions by attorney general authorized. (1) The department ofecology may use funds in the hazardous waste control and elimination account in the implementation of the powers vested under RCW 70.105.020, 70.105.030, 70.105.080, 70.105.100, 70.105­ .120, and 70.105.130, 70.105.160 and 70.105.170 and subsections (3) and (4) ofthis section as well as the administrative costs relating to the implementation ofsubsection (2) ofthis section. (2) The department is authorized to participate in and is empowered to carry out all programs of the federal Comprehensive Environmental Response, Compensation and Liability Act of 1980 contemplated for state participationoradministration under that act. (3) In relation or addition to the powers set forth in this section and any other provisions of this code, the department is empowered, with regard to the regulation, control, or removal ofhazardous substances and wastes,'

as follows: (a) To, coordinate responses to hazardous substances accident and spill incidents;

[Ch. 70.IOSA RCW-p3]70.105A.060 

### HazardousWasteRegulation

(b) To**re~pond** to, direct, or initiate cleanup of hazardOlis substances, accidents and spills, and hazardous
waste sites; (c) To conduct or contract for professional technical data'gathering and'analysis anddamageassessment; and (d) Toconduct or contract for the removal ofhazardous'substances and wastes where there has been or is a potential'for release, regardless of quantity or concentration, which could pose a threat to public health or the environment. (4) The department is empowered to participate in and:carry out all programs ofthe federal Resource Conservation and Recovery Act, as amended, contemplated for implementation by a state under that act and may

usefund's.in thehazardous wastecontrol and elimination
account in the implementationthereof. (5) The attorney general, at the request of the department, is empowered to recover moneys expended by the department from the hazardous waste control and elimin'at'on·account under authority ofthis section when these funds were utilized to respond to an unpermitted spill or discharge or to control the release or threatened release of hazardous substartces or wastes. Recovery authorized by this section shall be from any person owning orcontrolling the material spilled or discharged. Actions to recover moneys may be initiated in the superior
court of Thurston**~oimty** or any county in which the hazardous waste site or activity is located. Moneys re-, covered under this section shall be paid into the hazardous waste control and elimination account. [1983 1st
ex.s; c 65 § 6.]



### RCW 70.10SA.070 Review of fee-'-Procedure. Any person aggrieved by a determination ofthe department of ecology pertaining to the fee, imposed under RCW 70.105A.030(1) or to a specificfee contained in a statement issued under RCW 70.105A.040(1) may obtain review thereof by the pollution control hearings board in the same manner as review may be obtained of permits issued by the department pursuant to RCW 90­ .48.160, if a petition requestirig review is filed with the board within thirty days ofthe day ofservice ofthe determination or ofthe statement offees due. There shall be no increase in an amount set forth in a statement, as provided in RCW 70.105A.080(1), during any period of time**wh~n** a revie'Y proceeding is pending before the board or a reviewing court. This section shall have no applicability to the adoption of rules by the department pursuant to RCW 70.105A.040(I). [1983 1st ex.s. c 65 § 7.]



### RCW 70.105A.080 Unpaid fees--Interest-­ Civilpenalties--MaXimum--ActiQns by attorney general authorized. (l) The fees required by RCW 70.105A.030(2) or 70.105A.040(1), when due and payable, shall bear interest at the**~ate** of nine percent per

annum for each month (or portion thereof) that the fee is not paid. (2) Thedepartmentofecology maylevy civil penalties in theamountofup to five hundred dollars for each day

[Cb. 70.10SA RCW-p4] fees'and interest due and owing under RCW 70.105A­ .040 or 70.105A.080(I) are unpaid. The procedures relating to levying and collection of penalties set forth in RCW 90.48.144 shall be applied to penalties levied under this section. Moneys collected under this subsection shall be placed in the hazardous waste control and elimination account. (3) The attorney general is authorized to initiate such actions in the courts as arc necessary and appropriate to insure compliance with the provisions of this chapter. ' [1983Istex.s.c65§8.]



### lRCW 70.10SA.090 Revellllue for general fund reimbursement for site cBeanup and restoration. The state treasurer is authorized to use revenue collected pursuant to RCW 70.105A.OI0 through 70.105A.090, to the extent thisrevenue exceeds any legislative appropriation of 'the revenue to thedepartmentofecology for purposes of RCW 70.105A.OI0(2) (a) through (c) to reimburse general fund expenditures for cleanup and restoration of those sites pursuant to RCW 70.105A.0I0(2) (d) through (f). [19,83 1st ex.s. c 65 § 13.]



### RCW 70.10SA.900 Severability--Construction of chapter--Implementation. (1) 

### Ifany provision of this chapter or a portion thereof or its application to any person or legal entity or circumstances is held invalid, the remainder of the chapter, or the application of the provision or a portion thereof to other persons or legal entities orcircumstances, shall not be affected. (2) This chapter is exempted from the rule of strict construction, and it shall be liberally construed to give 

# (

full effect totheobjectives andpurposes for which it was enacted. (3) Nothing in this chapter relates to radioactive wastes, however characterized, and.the department is precluded from using the funds ofthe hazardous waste control and elimination account for the regulation and" control ofsuch wastes. (4) Consistent with subsection (2) ofthis section and taking into account the ambiguities offederal law relatingto possible preemption ofexerciseofpowers provided
to the department in this chapter, the department shall implement this chapter, to the maximum extent reason'· ably attainable, to insure that no conflict with those preemptive aspects takesplace. [1983 1st ex.s. c 65 § 9.]



### RCW 70.l05A.905 Effective dates--Proration of 

### 1983 fee---1983 1st ex.s. c 

### 65. (l) This act is necessary for the immediate**pr~servation** ofthe public peace, health and safety, the support of the state government and its existing public institutions, and shall take effect

as follows: (a) The powers provided to thedepartment ofecology relating to the adoption of rules under RCW 70.105A.030(2) and 70.105A.040(l) shall take effect immediately; and (b)"The remainder ofthis act shall take effecton July 1,1983.

(1983 Laws)- 

# ..

HazardousWasteRegulation 70.105A.905 

# • . (2) The annual fee due and payable under RCW 70­ .105A.030 on June 30, 1984, shall, following computation of the annual gross income of the business for the calendar year 1983, be prorated for the period July 1, 1983,through December 31,1983. [1983 1st ex.s. c 65 

### § 15.]



# •

•

(1983 Laws) [Cb. 70.105A RCW-p5)