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# Focus

.. ModelToxicsControl Act

In 

### March of 1989. an 

### innovative. citizen-mandated toxic 

### waste**cl~** 

### law went into 

### effect 

### in Washington, changing the way hazardous waste 

### sites in 

### this state 

### are cleaned up. 

### Passed by voters 

### asInitiative fJ7, this

### law is known as

### the Model Taxies Control Act.

. Chapter 70.1050 RCW. 

## How the Law Works The cleanup ofhazardous waste sitesis complex and expensive. 10 

### aneffort to 

### avoid &be confusion and delays 

### associated with

### the 

### federal Superfund program.1be Model 

### Toxies Control Act is 

### designed 

### to be as 

### straightforward as possible. It sets 

### suict cleanup standards to ensure that the quality 

### of

### cleanup and protection ofhumanhealth 

### aDd the 

### environment are DO( 

### comerornised. At the same 

### time. the rules that guide**clean~** 

### UDda 

### the Act have built-in fleXIbility to 

### allow cleanups to be 

### addressed OQ 

### a site-specific 

### basis. The Model Toxies Control Act 

### funds hazardous waste 

### cleanup 

## throop a

## taXOQ hazardous substances. The tax 

### is imposed 

### onthe wholesale value 

## of6rst in-state 

### possession ofhamdous subslanccs at 

### the rate 

### of

### 0.7 percent. <X'

### $7 pel' 

### $1JXXj. 

## 0Yer'1he

_ next several decades. the Act 

### will 

### guidecleanup ofhtmdreds of

### hazIntous

### W8ste 

### sites that dot the Washington landscape. 

### The 

### WashingtoD State 

### Departmem ofEcology's Toxies 

### CleanupProgram 

### ensures thatthese sites 

### areinvestigated and

### cleaned up. 

## What Constitutes a Hazardous Waste Site? Any 

### report ofa

### release or suspected 

### presence ofhazardous 

### substances that

### may 

### tfue*:a human health orthe

### environment requires

### Ecologyto 

### investigate a 

### piece 

### ofproperty.1f

-- 

### an initial 

### investigation 

### confirms contamination is 

### present and 

### cleanup may be 

### necessary,

__ the property 

### is entered on Ecology's Site ManagementInformation System. This 

### is a .".,- database used to track 

### progress on 

### aD confirmed

### or suspected hazardouswaste sites. AD

-- 

### confirmed sites must also be 

### ranked 

### and placedon the 

### State 

### Hazardous Sites List

-- 

### Owners,operators and

### other knownpotentially liable

### persons will 

### receive 

### an "Early

. Notice 

### Letter" from 

### Ecology whichnotifies 

### them thattheir site is in 

### Ecology's database. and encourages 

### them to 

### review information aboutthe 

### site and workcooperatively wi

... 

### the department iffunher action is needed. , . . 

## Who is Responsible For Cleanup? Any 

### past or present relationship with a contaminated site 

### may result in 

### liability. Ecology must 

### notify anyone it 

### knows may be 

### a "potentially liable person" and 

### allow aD 

### opportunity forcomment 

### before making any further

### determination on 

### that person's liability. The comment period may 

### be 

### waived if

### Ecology has to 

### condoctemergency cleanup at the site. 

### Under the 

### ModelToxics Control

### As:t. Section 4, 

### apotentially liable person 

### can be: 

### • A current orpast facility owner

### oroperator.

• Anyone whoarranged for disposal 

### or treatment ofhazardous

### su~es at the sili:.



### • Anyone whotransported 

### hazardous substances

### fordisposal 

### or tremDentat 

### a contaminated site,

### unless the 

### facility could legallyreceive the haDJ'dous materials It 

### thetime 

### of transport. 

### • Anyone whosells 

### a hazardous sobstancewith writsen 

### instructions for its use, 

### in 

### cases where use according to the 

### instructions results in 

### cootamination.**.~**

# .

{ i



### January 

### 1991 F-TC-9I·104There are two types ofConnal cooperative agreements used by 

### Ecology:

• Consent Decrees: These legal, negotiated settlements are used primarily (or cleanup. The Attorney General's Office must concur with and 

### sign a proposed settlement following public notice, review and a hearing. Consent decrees must 

### be filed with the court and there must 

### be evidence that the settlement will 

### be expeditious and consistent with cleanup standards 

### and any other previous orders, Potentially liable persons signing a consent decree with Ecology may 

### be eligible for fmancial assistance.

• Agreed Orders: Unlike the consent decree, an agreed order 

### is DOt filed 

### in court and it is not a settlement 

### Rather, it is a legally binding, formal administrative order issued by Ecology and agreed 

### to by the potentially liable person. Agreed 

### orders are available only for remedial investigations, feasibility studies and certain 

### types ofroutine cleanups. Cleanups are considered routine when the selected cleanup 

### 8C1ionis simple, straightforward and 

### undisputed. Under an agreed order, the potentially liable 

### person agrees to conduct 

### certainactivities in accordance with the provisions of the order and Ecology agrees not 

### take enforcement action for that phase of

### work. Since an agreed order is not a settlement, 

### it does not provide for financial assistance. 

### As with consent decrees, agreed orders are subject to public review. 

### Ecology-Initiated Cleanup Orders Administrative orders requiring cleanup activities without an 

### agreement 

### with a potentially liable**~D** are known as enforcement orders. These orders are usually 

### issued to a potentially Hable person when Ecology believes a cleanup solution cannot be achieved expeditiously through negotiation. 

### If the responsible pany fails 10 comply with an enforcement order, Ecology can clean up the site 

### andlater rCCOYa' costs from the responsible person(s) at up to three 

### timesthe amount spent. The stale Attorney General's Office 

### may also issue a fine oCup to $25,000 a day. Enforcement 

### orders are subject 

### to public notification under Washington's cleanup law.

. 

### Financial Assistance In some cases, financial assistance may be available to help pay foc

### cleanup costs. Grants are available to local governments. 

### Financial assistance may be available 

### to private companies orpersons experiencing 

### fin3Dcia1 hardship. The Model Toxies Control Act

__ specifies that financial help should be 

### offered when: 1) A substantially more expeditious " or enhanced cleanup is made possible.asd 2) Unfair economic hardship 

### is reduced. .....- 

### For information regarding financial assistance call 1-800458-0920. 

### Public Involvement Public notices are 

### required 

### on all formal cleanup agreements 

### between the state and the potentially liable persons 

### and on any enforcement actions Ecology takes to initiate cleanup. Public notification 

### is also 

### required for all Ecology-conducted actions. Ecology's Site Register is a widely used means ofproviding information about cleanup efforts to the public 

### and for increasing c:ommunity involvement, The Regisler 

### is published every two weeks to inform citizens ofpublic meetings and comment periods, discussions or negotiations oflegal agreements, and othercleanup 

### activities. For more information regarding public participation or to receive regular updates about Ecclogy's cleanup efforts, 

### call 1-800-458-0920.