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# Chapter70.105 RCW HAZARDOUSWASTEDISPOSAL CAROL JEAN LUNDEEN DePARTMENT OFECOLOGY 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 departmcnt ofecology. (2) "Director" means the director of the department ofecologyor his designee. (3) "Disposal site" means a geographical site in or upon which extremely hazardous wastes arc disposed of in accordancewith the provisions ofthis chapter. (4) "Dispose or disposal" means the discarding or abandoning ofextremely hazardous wastes or the treat-

.rnent, decontamination, or recycling ofsuch wastes once they have been discarded orabandoned. (5) "Dangerous wastes" means any discarded. useless. unwanted, or abandoned nonradioactive substances, including but not limited to certain pesticides. or any residues or containersofsuch 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 ofsuch wastes: (a) Have short..lived, toxic properties ilun may cause death, injury. or illness or have murugcnic. icr.uogcnic.

or carcinogenic properties: or (b) Are corrosive, explosive, Il.uum.rhlc. III' inay·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. Standardsand regulations-c--c-Adoption-v- -Notice

and hcaring--Consullution with otheragencies. List and information 10befurnished bydepositorof

hazardous wasle--Rules and regulations. Disposal site or facility--Acquisition

.....Disposal

feeschedule. Disposal at otherthan approved site prohibited--

Exception. Review of rules. regulations, criteria and fee

schedules. Criteriafor receiving'wasteat disposal site. Violations-Civil penalties--Enforcement--

Procedure. Violations-Gross misdemeanor. Powers and dutiesofdepartment. Exceptions-Otheracts not affected. Authorityofattorneygeneral. Department'spowersas 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 ofal 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 ofthe 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 ofecology from the stateand 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. Theobjective of sueh a comprehensive plan shall be 10determine the statewide facility requirements for the adequate disposal ofextremely hazardous
wastes being generated in the stateand for those expected to begenerated 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 offacilities 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 appropri.u c. minimum stundardx and rcgul.uion« I'm disposal III'extremely ha/ardous wastes III protect ;Ig;,illst ha/;lrds III the publie, and III the cnviruruncut. Ikfore .uioption of such standards and rcgulurious. the department sh:dl consult with appropriate agencies or interested local governments and secure technical assistance from the department ofagriculture. the department of social and health services, the department of game. the department of

(1980Laws) ICh. 70.105 RCW-p 

### II70.11I5.020 Hazardous Waste Disposal

natural resources. the department of fisheries. the departmentof 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 thc extremely hazardous wastes for disposal. the amount ofsuch wastes, the general chemical and mineral composition <Ifsuch waste listed by approximate maximum and minimum percentages. and the origin of any such waste. Such list. when appropriate. shall include information onantidotes. first aid. or safety

measures to be taken in case of accidental contact with 

### the particularextremely

### hazurdous waste beingdisposed. (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 pur

### pose 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: Andprovided limher. That no lands acquired under this section sha!l besubject toland 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 ofadministration of this chapter and the cost ofdevelopment. 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 siteprohibited--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 Reviewof 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 ofsolid 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 havingcustody of the waste. and (2) upon the paymentofa fee to coverdisposal (3) it can be reasonablydemonstrated that there is no

other disposal sites in the stale that will handle such dangcrous waste, and

. (4) the site isdesigned 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.t05.080 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 subjectedto a pena

### ltyin an amountof 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 ofcontinuing violation, every day's continuance shall bea separateand distinct violation. Every person who. throughan act ofcommission

oromission. procures. aids. or abets in the violation shall be considered to have viulntcd the provisions ofthis 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 violation with rersonablc particularity. 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 departmentdeems such remission ormitigation 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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### . 

# ..

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# V (3) Any pcnulty

### imposed by this scct ioushall become due and payable

### thirty days after receipt 

### of a notice im

### posing the same unless application for remission or 

### mitigation is made or petition for review by the hearings board is filed. When such an application forremission or mitigation is made. any penaltyincurred pursuant tothis 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 hearingsboardshall become due and payablethirtydays afterreceiptof 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 thedirector. shall bring an action in 

### the name of the state of Washington in the superior COUr! 

### of Thurstoncounty. orofany county inwhich such violator may' do business, 10 recover such pcn.rlty. 

### In all such ac

### lions, the procedure 

### and rules of evidence 

### shall be the



### same as an ordinary civil action except as ot herwise in 

### thischapterprovided. [1975-'76 2nd cx.s. c 

### 101 

### § g.]

RCW 70.105.090 Violations-Gross misdemeanor. Inaddition to the penalties imposed pursuant to . RCW 70.105.080, any person who violates any provisions ofRCW 70.105.010 through 70.105.090. or of the rules implementing RCW 70.105.0I

### 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 beguiltyof a gross misdemeanor and upon conviction thereofshall bepunished by a fine of not less than

onehundreddollars nor more thanone thousand dollars, or byimprisonment in the countyjail for not more than one year, for each serarateviolation. [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 generaWI'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 extremelyhazardous 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 2ndex.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 toenforce any requirement

### of thischapter. 119XO

c 144 

### 2.1

HCW 70.1/15.1-'11 Department's 

### powersas 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 etseq.). (2) 

### The power granted to the department by this sec

### tion 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 ofdangerous 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 rcxponxibility: (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!10c 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 .'.',