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Chapter 70.105 RCW

HAZARDOUS WASTE DISPOSAL

CAROL JEAN LUNDEEN

DePARTMENT OF ECOLOGY

0' VMPjA. WA 98604 pv-n

',elt, (2081 763·0211

RCW 70.105.010 Definitions. The words and

phrases defined in this section shall have the meanings

indicated when used in this chapter unless thc context

clearly requires otherwise.

(I) "Department" means the depart mcnt of ecology.

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

of ecology or his designee.

(3) "Disposal site" means a geographical site in or

upon which extremely hazardous wastes arc disposed of

in accordance with the provisions of this chapter.

(4) "Dispose or disposal" means the discarding or

abandoning of extremely hazardous wastes or the treat-

. rnent, decontamination, or recycling of such wastes once

they have been discarded or abandoned.

(5) "Dangerous wastes" means any discarded. useless.

unwanted, or abandoned nonradioactive substances, including but not limited to certain pesticides. or any residues or containers of such substances which arc disposed

of il' such quantity or concentration as to pose a substantial present or potential hazard to human health,

wildlife, or the environment because such wastes or constituents or combinations of such wastes:

(a) Have short..lived, toxic properties ilun may cause

death, injury. or illness or have murugcnic. i cr.uogcnic.

or carcinogenic properties: or

(b) Are corrosive, explosive, Il.uum.rhlc. III' ina y ·gen·

crate pressure through decomposition or, other means.

(6) "Extremely hazarduus waste" means an)' dangerous waste which

(a) will persist in a hazardous form for several years

or more at a disposal site and which in its persistent

form

(i) presents a significant environmental hazard and

may be concentrated by living organisms through a food

Sections

70.105.010

70.105.020

70.105.030

70.105.040

70.105.050

70.105.060

70.105.070

70.105.080

70.105.090

70.105.100

70.105.110

70.105.120

70.105.130

70.105.140

Definitions.

Standards and regulations-c--c-Adoption-v- -Notice

and hcaring--Consullution with other agencies.

List and information 10 be furnished by depositor of

hazardous wasle--Rules and regulations.

Disposal site or facility--Acquisition ..... Disposal

fee schedule.

Disposal at other than approved site prohibited--

Exception.

Review of rules. regulations, criteria and fee

schedules.

Criteria for receiving 'waste at disposal site.

Violations-Civil penalties--Enforcement--

Procedure.

Violations-Gross misdemeanor.

Powers and duties of department.

Exceptions-Other acts not affected.

Authority of attorney general.

Department's powers as designated agency under federal act.

Rules implemented under RCW 70.105.130--

Review.

chain or may affect the genetic make-up of man or

wildlife. and

(ii) is highly toxic to man or wildlife

(b) if disposed of al a disposal site in such quanuues

as would present an extreme hazard 10 man or the

environment.

(7) "Person" means any person. firm, association,

county, public or municipal or private corporation,

agency, or other entity whatsoever.

(8) "Pesticide" shall have the meaning of the term as

defined in RCW 15.58.030 as now or hereafter

amended.

(9) "Solid waste advisory committee" means the same

advisory committee as per RCW 70.95.040 through 70-

.95.070, [1975-'76. 2nd ex.s. c 101 § 1.1

Appropriation--197S-'76 2nd ex.s, c JOJ § 12: 'There is appropriated to the department of ecology from the state and local improvements revolving account of the general fund out of the proceeds of the

sale of bonds or notes as authorized in chapter 43.83A RCW (Referendum 26) the sum of one million three hundred fifty-three thousand

dollars, or as much thereof as may be necessary, for the following

purposes:

(1) The sum of one hundred fifty-three thousand dollars for the department to develop a comprehensive plan for the adequate treatment

of extremely hazardous wastes being generated in the state, and the

techniques and requirements necessary for adequately disposing of

such wastes and for securing and monitoring disposal sites. The objective of sueh a comprehensive plan shall be 10 determine the statewide

facility requirements for the adequate disposal of extremely hazardous

wastes being generated in the state and for those expected to be generated in the future.

(2) The sum of one million two hundred thousand dollars for the

purchase of real property on the Hanford Reservation by the department for the construction of a disposal site for extremely hazardous

wastes and for the construction of facilities necessary for the operation

of the disposal site including. but not limited 10, security and monitoring facilities,' 11975-'76 2nd ex.s. c 101 § 12.J

RCW 70.105.020 Standards and rcgulations--

Adoption--Notice and hearing--Consultation with

other agencies. The department after notice and public

hearing shall:

(I) Adopt regulations designating as extremely hazardous wastes subject to the provisions or this chapter

those substances which exhibit characteristics consistent

with the definition provided in RC\V 70.105.010(6);

(2) Adopt and may revise when a ppropri.u c. minimum stunda rdx and rcgul.u ion« I'm disposal III' extremely

ha/ardous wastes III protect ;Ig;,illst ha/;lrds III the publie, and III the cnviruruncut. Ikfore .uiopt ion of such

standards and rcgulurious. the department sh:dl consult

with appropriate agencies or interested local governments and secure technical assistance from the department of agriculture. the department of social and health

services, the department of game. the department of

(1980 Laws) ICh. 70.105 RCW-p II
70.11I5.020 Hazardous Waste Disposal

natural resources. the department of fisheries. the department of labor and industries. and the state fire marshal. 11975-'76 2nd I:X.S. c 101 § 2.1

RCW 70.105.030 List and information to be furnished by depositor of hazardous waste--Rules and

regulations. (1) After the effective date of the regulations adopted by the department designating extremely

hazardous wastes. any person planning to dispose of extremely hazardous waste as designated by the department shall provide the operator .01' the disposal site with

a list selling forth t hc extremely hazardous wastes for

disposal. the amount of such wastes, the general chemical and mineral composition <If such waste listed by approximate maximum and minimum percentages. and the

origin of any such waste. Such list. when appropriate.

shall include information on antidotes. first aid. or safety

measures to be taken in case of accidental contact with

the particular extremely ha zurdous waste being disposed.

(2) The department shall adopt and enforce all rules

and regulations including the form and content of the

list, necessary and appropriate to accomplish the purposes of subsection (I) of this section. [1975--'76 2nd

cx.s. c 101 § 3.1

RCW 70.105.040 Disposal site or facility--Acq,.isition--Disposal fee schedule. (I) The department

through the department of general administration. is

authorized to acquire interests in real property from the

federal government on the Hanford Reservation by gift.

~rchase, lease. or other means, to be used for the purpose of developing. operating. and maintaining an extremely hazardous waste disposal site or facility by the

department. either directly or by agreement with public

or private persons or entities: Provided, That lands acquircd under this section shall not be inconsistent with a

local comprehensive plan approved prior to .January I.

1.976: And provided limher. That no lands acquired under this section sha!l be subject to land use regulation by

a local government.

(2) The dcparunc nt ruay csiublish an appropriate fcc

schedule for usc of such disposal facilities to offset the

cost of administration of this chapter and the cost of development. operation. maintenance. and perpetual management of the disposal site. If operated by a private

entity, the disposal Icc may be such as to provide a reasonable profit. [1975·,'76 2nd cu. c 101 § 4.]

RCW 70.105.050 Disposal at other than approved

site prohibited--Exception. ~o person shall dispose of

designated extremely hazardous wastes at any disposal

site in the state other than the disposal site established

and approved for such purpose under provisions of this

chapter. except when such wastes arc going to a processing facility which will result in the waste being reclaimed. treated, detoxified. ncurrulizcd, or otherwise

processed' to remove its harmful properties or churactcristies. [1975-'76 2nd ex .s. c 101 § 5.1

leb. 70.105 RCW-p 11

RCW 70.11I5.060 Review of rules, regulations, criteria and fee schedules. All rules. regulations. criteria. and

Icc schedules adopted by the department to implement

the provisions of this chapter shall be reviewed by the

solid waste advisory committee for the purpose of recommending revisions. additions. or modifications thereto

as provided for the review of solid waste regulations and

standards pursuant to chapter 70.95 RCW, [1975-'76

2nd I:X.S. c 101 § 6.1

RCW 70.105.070 Criteria for receiving waste at disposal site. The dcpartmcnt may elect to receive dangerous waste at the site provided under this chapter.

provided

(I) it is upon request of the owner, producer. or person having custody of the waste. and

(2) upon the payment of a fee to cover disposal

(3) it can be reasonably demonstrated that there is no

ot her disposal sites in the stale that will handle such

da ngcrous waste, and .

(4) the site is designed III handle such a request or can

be modified to the extent necessary to adequately dispose of the waste. or

(5) if a demonstrable emergency and potential threat

to the public health and safety exists. [1975-'76 2nd

ex.s. c 101 § 7.]

RCW 70. t 05.080 Violations-Ch'il penalties--

Enforcement--Proeedure. (I) Every person who fails

to comply with any provision of RCW 70.105.010

through 70.105.090 or of the rules adopted thereunder

shall be subjected to a pena lty in an amount of not more

than one thousand dollars per day for every such violation. Each and every such violation shall be a separate

and distinct offense. In case of continuing violation, every day's continuance shall be a separate and distinct violation. Every person who. through an act of commission

or omission. procures. aids. or abets in the violation shall

be considered to have viulntcd the provisions of this section and shall be subject tIl the pcnally herein provided.

(2) The penalty pfll\'idcd for in this section shall be

imposed by a notice in "riling. either by certified mail

with return receipt requested or by personal service. to

the person incurring the same from the department, de"

scri bing the viola tion wit h re rsona blc particulari ty.

Within fifteen days after the notice is received. the person incurring the penalty may apply in writing to the

department for the remission or mitigation of such penalty. Upon receipt of the application. the department

may remit or mitigate the penalty upon whatever terms

the department in its discretion deems proper. provided

the department deems such remission or mitigation to be

in the best interests of' carrying out the purposes of this

chapter. The department of ecology shall have authority

to ascertain the facts regarding all such applications in

such reasonable manner and under such rules as it may

deem proper. Any penalty imposed by the provisions of

this section shall be subject to review by the pollution

control hearings board in accordance with chapter 43-

.2IBRCW.

(t980 Laws)
Hazardous Waste Disposal

..

70.105.140

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(3) Any pcnult y imposed by this scct iou shall become

due and payable thirty days after receipt of a notice imposing the same unless application for remission or mitigation is made or petition for review by the hearings

board is filed. When such an application for remission or

mitigation is made. any penalty incurred pursuant to this

section shall become due and payable thirty days after

receipt of notice setting forth the disposition of such application. Any penalty resulting from a decision of the

hearings board shall become due and payable thirty days

after receipt of the notice setting forth the decision.

(4) If the amount of any penalty 'is not paid to the

department of ecology within thirty days after it becomes due and payable, the attorney general. upon the

request of the director. shall bring an action in the name

of the state of Washington in the superior COUr! of

Thurston county. or of any county in which such violator

may' do business, 10 recover such pcn.rlt y. In all such aclions, the procedure and rules of evidence shall be the

same as an ordinary civil action except as ot herwise in

this chapter provided. [1975-'76 2nd cx.s. c 101 § g.]

RCW 70.105.090 Violations-Gross misdemeanor. In addition to the penalties imposed pursuant to .

RCW 70.105.080, any person who violates any provisions of RCW 70.105.010 through 70.105.090. or of the

rules implementing RCW 70.105.0 I 0 through 70.105-

.090, and any person who knowingly aids or abets another in conducting any violation of any provisions of

RCW 70.105.010 through 70.105.090, or of the rules

implementing RCW 70.105.010 through 70.105.090.

shall be guilty of a gross misdemeanor and upon conviction thereof shall be punished by a fine of not less than

one hundred dollars nor more than one thousand dollars,

or by imprisonment in the county jail for not more than

one year, for each sera rate violation. [1975-'76 2nd ex.s.

c 101 § 9.)

RCW 70.105.1O(l Powers and duties of department

The department in performing its duties under this

chapter may:

(I) Conduct studies and coordinate research programs

pertaining to extremely hazardous waste management:

(2) Render technical assistance to genera WI'S of dangerous and extremely hazardous wastes and to state and

local agencies in the planning and operation of hazardous waste programs:

(3) Encourage and provide technical assistance to

waste generators to form and operate a "waste exchange" for the purpose of finding users for dangerous

and extremely hazardous wastes that would otherwise be

disposed of: Provided. That such technical assistance

shall not violate the confidentiality of manufacturing

processes; and

(4) Provide for appropriate surveillance and monitoring of extremely hazardous waste disposal practices in

the state. [1975-'76 2nd ex.s. c \01 § 10.1

(19110 Laws)

HCW 7().ICIS.11CI Fxceptiolls--<)th~'r ads not afIected. (I) Nothing in this charter shall apply 10 any

radioactive waste or radioactive material.

(2) Nothing in this chapter shall alter. amend. or supersede the provisions of charter 80.50 RCW, as now

existing or hereafter amended. or grant to the department or to the solid waste advisory committee any authority regarding the regulation. certification.

construction, or siting of thermal power plants. as defined in such acts. [1975-'76 2nd cx.s, c 101 § 11.1

RCW 70.105.120 Authority of attorney ~eneral. At

the request of the department. the uuorncy general is

authorized to bring such injunctive. declaratory. or other

actions to enforce any requirement of this chapter. 119XO

c 144 2.1

HCW 70.1/15.1-'11 Department's powers as designated

agency under federal act. (I) The department is designated as the state agency fur implementing the federal

resource conservation and recovery act (42 U.S.C. Sec.

6901 et seq.).

(2) The power granted to the department by this section is the authority 10:

(a) Establish a permit system for owners or operators

of facilities which treat. store. 01' dispose of dangerous

wastes: Provided. That spent containers of pesticides or

herbicides which have been used in normal farm operations and which are. not extremely hazardous wastes,

shall not be subject to the permit system;

(b) Establish standards for the safe transport, treatment, storage, and disposal of dangerous wastes as may

be necessary to protect human health and the

environment; ','

(c) Establish. to implement this section:

(i ) A manifest system to track dangerous wastes;

(ii ] Reporting, monitoring. rccordkccping, labeling,

sampling requirements: and

(iii) Owner. operator. and transporter rcxponxibilit y:

(d) Enter at reasonable times establishments regulated under this section for the purposes or i""f'ection,

monitoring, and sampling; and .

(e) Adopt rules necessary to implement this section.

[ 19!10 c 144 § I. J

RCW 70. )(15.140 Rules implemented under HeW

70. 105. 13O--Re\jew. Rules implementing RCW 70.-

105.130 shall be submitted to the house and senate

committees on ecology for review prior to being adopted

in accordance with chapter 34.04 RCW. [1980 c 144 §

3.]

Wh. 70.105 R( W-p 31

.'.',