• Chapter 70.105A RCW 

HAZARDOUS WASTE REGULATION 

Sections 

70. J05A.OJO Policy--Purposes.
 

70.105A.020 Definitions.
 

70. J05A.030 Annual fee--When due-Graduation of fees-­

Rules--Apportionment of income--Exemption--Fee limitation--Adjustment. 

70.105A.040	 Annual fee for operation of facility for treating, storing, 

or disposing hazardous wastes--Rules--Fee limitation--Adjustment. 

70. J05A.050 Disposition of fees. 

70. J05A.060 Use of funds in the hazardous waste control and elimination account--Additional departmental powers--Actions by attorney general authorized. 

70.105A.070 Review of fee--Procedure. . 

70. J05A.080 Unpaid fees--Interest--Civil penalties--Maximum--Actions by attorney general authorized. 

70. J05A.090 Revenue for general fund reimbursement for site 

cleanup and restoration. 

70.105A.900 Severability--Construction of chapter-­

Implementation. 

70.105A.905	 Effective dates--Proration of 1983 fee--1983 1st 

ex.s. c 65. 

Hazardous waste disposal: Chapter 70.105 RCW. 

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RCW 70.1 05A.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 of hazardous 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 of this chapter, the state shall, when appropriate, 

cooperate with and support federal agencies in their implementation of counterpart 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 of this chapter. 

(2) The purposes of this chapter are, among others: 

(a) To supplement the powers already vested in the department of ecology 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 

of the hazardous waste and substances regulation control 

and removal program of the state, (c) to encourage reduction of hazardous wastes through recycling and improvement of manufacturing processes, (d) to provide 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 

of hazardous 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 the context clearly 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 pursuant to chapter 70.105 RCW; 

(2) "Department" means the department of ecology; 

(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 government including any agency or officer thereof, and any 

Indian tribe or authorized tribal organization; 

(6) "Identified site" means the same or geographically 

contiguous property, which may be divided by a public 

or private right of way, provided that access between the 

properties occurs at· an intersection and crosses, as opposed to goes along, the right of way. Noncontiguous 

properties owned by the same person but connected by a 

right of way 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 calendar year by 

reason of the transaction of the business or service engaged in and includes gross proceeds of sales, compensation for the rendition of services, gains realized from 

trading in stocks, bonds, or other evidence~ of indebtedness, interest, discount, rents, royalties, fees,' commis­

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the cleanup and restoration of those sites within the state 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 of tangible property sold, the cost of materials used, 

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

(1983 Laws)	 [eb. 70.105A RCW-p 1] 
70.n05A.020	 Hazardous Waste ReguBmtiOllu 

any other expense whatsoever paid or accrued and with­ When determining the particular business activity at 

out 'any ~edtiction on account of losses; 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 of the year next succeeding the calhereby imposed and the department of revenue shall endar year in which a person has engaged at any time in 

coll.~ct an aQ!lual fee from ever.y person identified by the the business activities listed in subsection (1) of this secd~partment of ecology for the privilege of utilizing or tion. The amount of the fee for an identified site shall be 

ope~ating an identified site~ ,other than as described in graduated by reference to the annual gross income of the 

RCW 70.1 05A.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 of one 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 but not exceeding ten million dollars, a fee of not 

constrl,lction; more than seven hundred fifty dollars; 

. (e) j>ainting or sandblasting; (c) For annual gross income in excess of ten million 

(f), Producing, processing, or selling rubber or plastics; dollars, a fee of not more than seven thousand five hun­

(g) Producing, processing, or selling glass, cement, or dred dollars. 

concrete; The department of ecology shall further graduate the 

. eh) Cutting, milling, producing, preparing, or selling fees set forth in (a), (b), and (c) of this subsection in 

lumber or 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; department of ecology shall publish by rule a schedule of 

'U) Printing or publishing; these graduated fees. \ 

(~) Synthesizing, producing, processing, preparing, or . (3) For purposes of this section, annual gross income 

selling chemicals or allied products; . of the business shall mean gross proceeds of sales as de­

(I) Exploring for, extracting, producing, processing, fined in RCW 82.04.070 or gross income of the 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 of business within and without this state shall be apporture or 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 state without regardto the amount or nature 

(r) Fabricating, producing, preparing, or selling trans­ of the use: Provided, That the person subject to the fee
 

portation equipment; may request, and the department of ecology 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 of the business apportioned to this state. The per­

(u) Drycleaning, photofinishing, or furniture son subject to the fee shall bear the burden of supporting
 

refinishing; the allocation among sites with appropriate data as rea­


(v) Transferring, treating, storing, or disposing of sonably requested by the department of ecology.
 

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-p 2)	 (1983 Laws) 
Hazardous Waste Regulation 70.105A.060 

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(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) The fees imposed by this section and the limitation 

on total payment of subsection (5) of this section shall 

be adjusted by five percent whenever the consumer price 

index of the United States department of labor 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 of ecology. 

(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," 

, It wholesaler," "retailer," and "person engaging in service 

activities" shall have the meaning attributed to such 

terms in chapter 82.04 RCW. It Business activities" shall 

mean activities of any person subject to the fees imposed 

in subsection (1) of this 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, the department of revenue is authorized to apply 

the provisions of chapter 82.32 RCW, provided that the 

provisions of RCW 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 

70.105.130 or 70.1 05A.060(4) (including a permit issued 

in satisfaction of the requirements of 42 U.S.C. section 

6925 of the federal Resource Conservation and Recovery 

Act, as amended) shall, on or before September 1, 1984, 

and on or before May 15 of each 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 

of classes of facilities subject to fees, taking into account 

(1983 Laws) 

the size and type of facility and the risks of detrimental 

impacts associated therewith; and (b) the setting of a 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 of facility and shall provide a statement to each 

operator of a 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 of ecology is required to increase 

or decrease the fees of subsection (I) of this section and 

the limitation on total payment of subsection (2) of this 

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 of ecology. [1983 1st ex.s. c 65 § 4.] 

RCW 70.105A.050 Disposition of fees. 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 of the general fund, and subject 

to legislative appropriation, be expended by the department of ecology solely to carry out the powers set forth 

in RCW 70.1 05A.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 of ecology 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) of this section as well as the administrative costs relating to the implementation of subsection (2) of this 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 participation or administration 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 of hazardous substances and wastes,' 

as follows: 

(a) To, coordinate responses to hazardous substances 

accident and spill incidents; 

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

(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 and damage assessment; and 

(d) To conduct or contract for the removal of hazardous'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 of the federal Resource Conservation and Recovery Act, as amended, contemplated 

for implementation by a state under that act and may 

use fund's.in the hazardous waste control and elimination 

account in the implementation thereof. 

(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 of this 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 or controlling 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 of the department of ecology pertaining to the fee, imposed under 

RCW 70.1 05A.030( 1) or to a specific fee 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 of the day of service of the determination or of the statement of fees 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 70.1 05A.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 70.1 05A.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) The department of ecology may levy civil penalties 

in the amount of up to five hundred dollars for each day 

[Cb. 70.10SA RCW-p 4] 

fees' and interest due and owing under RCW 70.1 05A­

.040 or 70.1 05A.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 this revenue exceeds any legislative appropriation of 

'the revenue to the department of ecology 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 70.1 05A.0 I0(2) (d) 

through (f). [19,83 1st ex.s. c 65 § 13.] 

RCW 70.10SA.900 Severability--Construction of 

chapter--Implementation. (1) If any 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 or circumstances, 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 to the objectives and purposes 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 of the hazardous waste 

control and elimination account for the regulation and" 

control of such wastes. 

(4) Consistent with subsection (2) of this section and 

taking into account the ambiguities of federal law relating to possible preemption of exercise of powers 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 takes place. [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 of the 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 the department of ecology 

relating to the adoption of rules under RCW 

70.105A.030(2) and 70.1 05A.040(l) shall take effect 

immediately; and 

(b) "The remainder of this act shall take effect on July
 

1,1983.
 

(1983 Laws) 
- ..
 Hazardous Waste Regulation 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.] 

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• (1983 Laws) [Cb. 70.105A RCW-p 5)