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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 cleanedup.

Passed by voters asInitiative fJ7, thislaw is known asthe Model Taxies Control Act. . Chapter 70.1050 RCW.

How the Law Works

The cleanup of hazardous waste sitesis complex and expensive. 10 aneffort to avoid &be

confusion and delays associated withthe 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 of humanhealth 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 on the wholesale value of6rst in-state

possession of hamdous subslanccs at the rate of0.7 percent. <X'$7 pel' $1JXXj. 0Yer'1he _ next several decades. the Act will guide cleanup ofhtmdreds of hazIntousW8ste sites

that dot the Washington landscape. The WashingtoD State Departmem ofEcology's

Toxies CleanupProgram ensures thatthese sites are investigated and cleaned up.

What Constitutes a Hazardous Waste Site?

Any report of a release or suspected presence of hazardous substancesthatmay tfue*:a

human health or theenvironment requiresEcologyto 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 orsuspected hazardouswaste sites. AD -- confirmed sites must also be ranked and placedon the State Hazardous Sites List -- Owners,operators and other knownpotentially liablepersons will receive an "Early . Notice Letter" from Ecology whichnotifies them that their site is in Ecology's database.

and encourages them to review information about the site and work cooperatively 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 for comment before making any furtherdetermination on that person's

liability. The comment period may be waivedifEcology has to condoctemergency

cleanup at the site. Under the ModelToxics ControlAs:t. Section 4, a potentially liable

person can be:

• A current or past facility owner or operator.

• Anyone whoarranged for disposal or treatment ofhazardous su~es at thesili:.

• Anyone whotransported hazardous substancesfordisposal or tremDentat a

contaminated site,unless the facility could legallyreceive the haDJ'dous materialsIt

thetime of transport.

• Anyone whosells a hazardous sobstancewith writsen instructions for its use, in cases

where use according to the instructions resultsin cootamination.

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January 1991

F-TC-9I·104
There 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 beevidence 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 takeenforcement 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 ~Dare 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. Ifthe 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 or persons experiencing fin3Dcia1 hardship. The Model Toxies Control Act __

specifies that financial help should be offeredwhen: 1) A substantially more expeditious "

or enhanced cleanup is made possible.asd 2) Unfair economic hardship isreduced. .....-

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 of providing information about cleanup

efforts to the public and for increasing c:ommunity involvement, The Regisler is

published every two weeks to inform citizens of public meetings and comment periods,

discussions or negotiations oflegal agreements, and other cleanup activities.

For more information regarding public participation or to receive regular updates about

Ecclogy's cleanup efforts, call 1-800-458-0920.