WASHINGTON STATE DEPARTMENT OF 

# ECOL 0 GY



# The Model Toxics Control Act Cleanup Regulation Chapter 173-340 WAC

Toxies Cleanup Program

Amended December 1993 . Publication No. 94-06



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.. ,;:**·(?i~;;f;~~~/~{.~i:U;;·:!;·::'** WASHINGTON STATE DEPARTMENT OF 

# ECOL 0 GY

Amended December 1993 

### Publication No. 94-06,. ,/ 

# Tones Cleanup Program 

# The Model Toxics Control Act Cleanup Regulation Chapter 173-340 WAC

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The cleanup ofhazardous waste sites is complex and expensive. In an effortto avoid the confusion anddelays associated with the federal Superfundprogram, the ModelToxics Control'Act is designed to 

### be as straightforward as possible. It sets strictcleanup standards to ensure that the quality ofcleanup and protection ofhuman health and the environmentare not**co~mised.** At the same time, the roles that guide cleanup under the Act have built-in flexibility to allow cleanups to be addressed on a site-specific basis.

The Model Toxics Control Act funds hazardous waste cleanup through a tax on hazardous substances. The tax is imposedon the wholesale value offirst in-state possession ofhazardous substances at the rate of0.7 percent, or $7 per$1,000. Overthe next severaldecades, the AC,t will guide cleanup ofhundreds ofhazardous waste sites that dot the Washington landscape. The Washington StateDepartmentofEcology's Toxics CleanupProgramensures that these sites are investigated and cleanedup. 

### What Constitutes a Hazardous Waste Site?
Any report ofarelease or suspectedpresence ofhazardous substances that may threaten human health or the environmentrequires Ecology to investigate a piece ofproperty. H
an initial investigation confirms contaminationis present andcleanup 

### maybe necessary. the property is enteredon Ecology's Site ManagementInformation System. This is a database used to track progress on all confirmed orsuspectedhazardous waste sites. All confirmed sites mustalso be ranked and placed on the State Hazardous Sites List Owners, operators and otherknown potentially liable persons will receive an "Early Notice Letter" fromEcology which notifies'themthat their site is in Ecology's database, and encourages them to review information about the site and work cooperatively with the departmentiffurther action is needed.


### Who is Responsible For Cleanup?
Any pastorpresentrelationship with a contaminated site may resultin liability. Ecology mustnotify anyone it knowsmay be a "potentiallyliable person" and allow an opportunity forcomment before making any further determination on that person's liability. The commentperiodmay be waived ifEcology has to conduct emergency cleanup at the site. Underthe Model Toxics Control Act, Section 4, apotentially liable person'can 

### be: .'

. • A currentorpast facility owneroroperator.

. -

• Anyone who arranged for disposal or treatment ofhazardous substances at the site. • Anyone.who transported hazardous substances for disposal or treatment at a contaminated site, unless the facility could legallyreceive the hazardous materials at the time oftransport. • Anyone who sells a hazardous substance with written instructions for its use. in cases where use according to the instructions resultsin contamination. January 

### 1991



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.**£2,~;~:;:;·;~;21** '.')**,·:::i·,··:·+~:;;3'-6;/~W)3~** Insituations where there-is more than onepotentially.liable.person, eachperson is**jointly.~';~** ...

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## ....**~. ,,~»:::;;~c:·,:~1:.\··.;,i·?~~;~'::~;**  and severally liable forcleanup at the site. That

### meanseachperson can be held**equally~./:!i:';'::.** 1 ./i

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..**:'~';>':<:"~\·:·: ·:·:i:>;l~.;,COntaIIllnat1on.**  Ecology encourages potennillly.liable·persons tonegottate appropnate :'
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.. ',:::**·:·~l~fi~~:j:~,AchieVing.Cleanups** 

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.**·'·s'.!;'·::::;'':;~>~;~ECol~gy;liastlie** legal.authority to orderaresponsibleparty to clean rip.However. the .

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..':';; :., departmentprefers to achieVecleanups through cooperation

.. Ecology believes that a

. .' non-adversarialreleationship with potentially liablepersons improves the prospectfor prompt andefficientcleanup solutions. The ModelToxics Control Act rules, which were**>."~~** •.**;.,~.- ~."':"**  developed by representatives from citizen; environmental andindustry groups, are

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...**.~** .. ''''1ft • "Encourage an openprocess for the public. local government and responsible parties

.. ", todiscuss cleanup options and tradeoffs

.

•

. Facilitatecooperative cleanup agreements ratherthan Ecology-initiatedenforcement orders

.. 

### What is the Potentially Liable Person's Role in Cleanup?

The Model Toxics Control Actrequires thatpotentially liablepersons assumefull responsibility forcleaning up the contaminated site. Forthis reason, Ecology does not usually handle the actual cleanup ofhazardous waste sites when apotentially liable person can be identified. Rather. the Toxics CleanupProgram oversees cleanup ofsites to 

# C

ensure thatinvestigations, public involvement and actual cleanup and monitoring are done appropriately. Ecology works closely withresponsible parties to identify the extent ofcontamination at a site and to determine cleanup solutions. Ecology's oversightcosts
are paidby the liableperson(s)

..
Ifcontamination is confirmed, the responsibleparty generally has the opportunity to take the lead in cleanup. Site owners and operators may decide to clean up their site without Ecology assistance or approval. Such "independentcleanups" must bereported to the department, are subjectto review and are done at the potentially liable person's own risk. The departmentmayrequire additional cleanup actions at these sites at any time to bring them into compliance with state cleanup standards.
Potentially liable persons conducting independent cleanups do not have access to technical andfinancial assistance from Ecology. Informal advice providedby Ecology is not considered approval ofcleanup actions. Ifthe responsible party wants binding commitments, an orderor consentdecree is necessary. 

### WorkingWith Ecologr to AchieveCleanup Negotiated agreements are one way in which Ecology and potentially liablepersons work cooperatively in reaching cleanup solutions. Formal agreements allow the department to take anactive role in cleanup. providing more help to owners and operators and, in many' cases, minimizing costs by ensuring thejob is doneright the first time. Working with

r Ecology also makes it less likely that additional cleanup activities will berequired in the future for the specific phase ofwork covered by the agreement

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, "There'are two**~s** offormal cooperative agreements usedbyEcology:,. ,.,' "._,-"".

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, .' .,:ConsentDecrees:'1These-legal,negotiated,settlements are usedprimarilyfor cleanup;' -':' 

# a.':'. ."**The:A~ey~qener~l~s:Of~cemustcon~.W:ith** and sign a.proposed**settlemen.C~r::'-·'~>,:'** "':. '.,following publicnotice; 

### review and a hearing. Consentdecrees mustbe filed WIth the' '

" " courtand there must be evidence that the settlement

### will be expeditious and

'" consistentwith cleanup standards and any otherpreviousorders. Potentially liable ,"persons signing,aconsentdecreewithEcology may be eligibleforfinancial '., "

,

### ass~t~~~e",~;~i:::,:**i;:&;~~;"~.r';;;~·~,:'Xj"t~·l~;~;.f:,:t** 

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,.'", '.**':':'~':; "1.:~**  ..r • ' Agreed Orders: Unlike'theconsentdecree( an agreed orderis not filed in court and
, it is not a settlement. Rather, it is a legally binding;formal administrativeorderissued byEcology and agreed to by' the potentially liable person. Agreedorders are available ,only forremedialinvestigations, feasibility studies and certaintypes ofroutine

cleanups. Cleanups are consideredroutine when the selectedcleanup action is simple,

. straightforward and undisputed. Underan agreedorder, the potentially liable person

agrees to conductcertain activities in accordance with the provisions ofthe orderand Ecology agrees nottake enforcementaction for that phase ofwork. Since an agreed orderis not 

### asettlement, it does not provide for 

### financialassistance. As with consent decrees, agreed orders are subjectto public review. 

### Ecology-InitiatedCleanup Orders

Administrative orders requiring cleanup activities without an agreementwith a

. potentially liable person are known as enforcementorders. These orders are usually issued to apotentially liable person when Ecology believes a cleanup solution cannotbe achieved expeditiously through negotiation. Ifthe responsible'party failsto comply with
anenforcementorder, Ecology can clean up the site and laterrecovercosts from the responsibleperson(s) at up to three times the amount spent. The state Attorney General's 

### A Office may also issue a fine ofup to 

### $25,000 a day. Enforcementorders are subject to

.. public notification under Washington's cleanup law.


### FinancialAssistance
In some cases, financial assistancemay be available to help pay for cleanup costs. Grants are available to local governments. Financial assistance may be available to private companies orpersons experiencingfinancial hardship. The ModelToxics Control Act specifies that financial help should be offered when: 1) A substantially more expeditious

. or enhancedcleanup is made possible, and 2) Unfair'economic hardship is reduced.

For information regarding,financial assistance call 

### 1-800-458-0920.


### Public Involvement

Public notices arerequiredon 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 Registeris a widely used means ofproviding information' about cleanup efforts to the public and forincreasing community involvement. The Registeris published every two weeks to inform citizens ofpublic meetings and commentperiods, discussions or negotiations oflegal agreements, and othercleanup activities.

For more informationregarding public participation or to receive regularupdates about

_ Ecology's cleanup efforts, call 

### 1-800-458-0920.

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## .,**'~;~~:W;~~;~:~;1~\1~t~~f~,;~;:~~~·.~oroughJaml proteet,J.y~.()fhpma!!Jleal~,:and**  the.environment;

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### 1. SiteDiscovery:"'Sites where"''':' "c':··,- "**'~.-:s:** ...**2~** 

### InitiolInvestigation: Ecologyis**::~** ..': contamination is found mustbe reponed to requiredto conduct an initialinvestigation of" Ecology's Toxics Cleanup

## Prop within

. .thesite within 90 days of receivinga site . i days·.ot;diScovery, unless

### it**invol~es** are·, discoveryreport.: Based oninformation·**~.:,** ,. .: of**~'mateiialS** rroman midergrOwid**'~bulined** about the site, a decisionmustbe made stonlge'tanic"sys'iem; In that case

### die site.,,·...

..,. .within 30 days to-determine ifthe siterequires discovery mustbe reponed to J?cology wi .'**.~.}>**

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..additional investigation, emergency cleanupor 24 houri. At this point, potentiallyliable**.~>** no further action. If further actionis required persons may chooseto conduct independent..**/~':'t"** '", .under the Model Toxics ControlAct,Ecology**clean~** without assistance from the '.**,.~'.'.** '. sends early noticelettersto owners,operators department, but cleanup results mustbe and other potentiallyliablepersons inviting. reported to Ecology. (See Page2) them-to work cooperativelywith thedeparunent



### 4. HazardRanking: The Model Toxies Control Act requires thatsites be rankedaccordingto the relative health and environmentalriskeach siteposes.Working with the Science AdvisoryBoard. Ecology created the Washington Ranking Method to categorize sites using data from site hazardassessments. Sites are ranked on a scale of 1 to 5. A score of 1 represents the highest level ofrisk and 5 the lowest Ranked sites are placed on the state Hazardous Sites List 

### 3. Site HazardAssessment: Ecology conductsa sitehazard assessmentto confinn the presenceof hazardous substances and to determinethe relativerisk the site poses to human health and the environmentEcology .will work closely with liable persons to identifyhazardous substancesandcharacterize the

5. 

### RemedialInvestigationlFeasibility Study: A state remedialinvestigation andfeasibility study is necessary to define the extent and magnitude of contamination at a site. Allpotential impacts on the environment and alternativecleanup-technologies are evaluated in this study, A 30-daypublic review period is provided for the reports completed in this phase•



# •

6. Selection of Clean upAction: Using information gathered during the study, a cleanup action plan is developed. The plan identifiespreferred cleanup methods and specifiescleanup standards and otherrequirementsat the site.


### For More Information 7. Site Cleanup: Actualcleanup begins when the cleanupaction plan is implemented. This includesdesign,construction, operation andmonitoring of cleanup actions. A site may be taken offthe Hazardous Sites List after cleanup is completed and Ecologydetermines cleanup standards have been met.



### Contactyour

### regional WashingtonState Department of Ecology office: • N.W. Regional Office (Island, King. Kitsap. San Juan. Skagit, Snohanish. Whateorn Counties): 206/649·7000 • S.W. Regional Office (Southwestern Washington. Olympic: Peninsula. Pierce and Thunton Counties): 206nS3·23S3

'. Central Regional Office (Benton. Chelan. Douglas.Kittitas. Klic:kitat. Okanogan. Yakima Counties): 

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5091575·2490

• Eastern Regional Office: (Adams. Asccin. Columbia. Ferry. Fnmldin. Garildd. Grant. Lincoln. Pend Oreil1e, Spokane. Stevens. Walla Walla. WhitmIlJl Counties): 509/456·2929

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### Washington's hazardous waste'cleanup law,theModelToxies ControlAct, mandates thatsite cleanups protectthestate's citizensand environment. In

### developingtheAct's cleanupregulation, Ecologyestablishedcleanupstandards andrequirements for cleanup actions thatfulfill 

### thismandate. A majorportionof

### this effortwas completedinFebruary, 1991.**-r:~",~t ~.y** **;('::~:~"'; "~~:'**  . '.

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### The

### DepartmentofEcology 

### has worked withthe stateScienceAdvisoryBoardand representativesfrombusiness, local governmentand environmentalgroups to definesite cleanuplevels. '. .'

. 

## Determining Cleanup Requirements

TheModel Toxies Control Act cleanupregulationdefines a two-step approachfor establishing cleanuprequirements for individual sites:

• Establishing Oeanup Standards: Thestandardsprovidea uniform, statewide approachto cleanup thatcan

### be applied ona site-by-sitebasis. Thetwoprimary components ofthe standards, cleanup levelsandpoints ofcompliance,must

### be establishedforeachsite. Cleanup levels determineatwhatlevel a particular hazardous substance does 

### notthreatenhumanhealth or theenvironment. Points of compliance designate thelocationonthe sitewhere thecleanup levels mustbe met

...

• Selecting OeanupActions: 

### This step involves evaluatingmethods thatcould be used 

### to cleana siteand then decidingwhich ofthosemethods wouldbestachieve cleanup standards. Asidefrom meeting the 

### standards, the cleanup actions must also providepermanentcleanup solutions, a reasonabletime frame for cleanup and includemonitoringto 

### ensureeffectiveness.



## STEP 1-How Cleanup Levels Are Set Eliminatingall risks ata contaminated site oftenis notpossible, evenaftercleanup. And sinceany level ofexposureto a hazardous substanceis assumed to resultin somerisk, "clean" generally means thata siteis cleaned up to thepointthatcontaminationno longerposes anunacceptable threat to humanhealthand theenvironment.
• For

### cancer-causingsubstances, the acceptablerisklevel is defined as a conservative estimate of a person's chances ofdeveloping cancerduring a lifetime ofconsistent

.. exposure

### toahazardoussubstance.Ifmorethanone contaminantis present on a site, thetotal healthriskforall cancer-causingsubstances mustbe considered when setting cleanup levels.
• For

### non-carcinogenicsubstances, the cleanup level for eachsubstanceata sitemustbe

F 

### below thatwhich could causeillnessinhumans. If

### more than one substanceat a site affects thebody in thesame way, the effect of all ofthosesubstances combined must 

### be considered when setting cleanup levels

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### works:**MethOd:A'~~es** 

### cleanup levels for25 ofthe**~ost** 

### common. :

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### substancesfoundatsites.These'levelsweredevelopedusmg acceptable' " '

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### levels outlinedinthestandardsandhealth-based concentrationsincludedin**'~:'>f<:oth~r** 

### applicablestateandfederal laws.

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## ~': 

# .,When is

## itused?: This 

### method is designedfor cleanups thatarerelatively: .- .-' .: <:.;**~,.;,.straightforward·orinvolve**

### onlya few hazardous substances, all ofwhichmustbe .,listedintheMethodA.tables.ThiS approachWill

### beusedmainly 

### by small sites that'

, donotwarrantthecosts ofconductingriskassessments and sitestudies. '.

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### MethodB':': ::; :;, .:,'**~:I-:';:,** .!.**.~:.<~'** .;:""
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### 'HowMethodB

### uorks:MethodB levelsaresetusing a siterisk 

### assessment, which

focuses onsite characteristics: 1) 

### How hazardous substancesinteractwitheach

_.other,2) Whatthecombinedhealtheffectsmaybe; 3) How theirmovement on- and

.: off-site could threatenhumanhealthand theenvironment. Applicablestateand

federal laws mustalsobefollowed.
Therisklevelfor individual carcinogens cannotexceedone-in-a-million. H

### more thanone

### typeofhazardous substanceis present, thetotalrisklevel at thesite may notexceed 1 in 100,000.Levels for non-carcinogens cannotexceed the pointat which
a substancemaycauseillnessinhumans.
Naturalbackgroundconcentrations of a substancecanbe considered whensetting cleanup levels. , 

### Whenis

### itused?: This 

### is themostcommonmethod for settingcleanup levels when sites are contaminated with substancesnotlistedunderMethod A and environmentalfactors makecleanupdifficult.

Methode 

### How MethodC

### toorks: This 

### methodis similarto Method B.The maindifferenceis that thelifetimecancerriskis setat 1 in 100,000forbothindividual substances and for thetotal riskcausedbyall substances ona site. 

### Whenis

### it used?: When cleanuplevels underMethod A or Bare-technically impossibleto achieve,lowerthanbackground concentrations, ormay causemore environmentalharm thangood, cleanuplevels maybesetusingMethod C.

### This method may alsobeapplied to certainindustrial sites.

Persons who use this 

### methodmustprovideproofthatthe cleanup levels will protect humanhealthand theenvironment.



## How Points ofComplianceAre Determined

Points ofcompliancedefine whereona 

### sitecleanuplevels-mustbemet. Generally, the pointofcomplianceis the entire site,buttechnologicallimitations,environmental conditions and otherfactors canmakeit impossibleto meetlevels throughouta site. Attaininglevels ata landfill, for example, would requirethe excavation of tons of garbage,possibly causingmore harm than good. '
In suchcases, Ecologycanestablish conditional points ofcompliance. This

### requires cleanup levelsto be metin specifiedareas ofthesite, usually as closeto thearea of contaminationas possible. Anyhazardous substances leftonthesitemustbe contained within a specified area thatprotects humans from exposureto thecontaminants. All other

### parts of the sitemustmeet cleanup levels. '

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## OtherFactors Affecting Cleanup Requirements

• PropertyUse: Factors suchas zoning, pastsite

### Useandhow adjacentpropertiesare used.areimportantconsiderationswhendetennining appropriate. cleanuplevels. Formostsites, cleanup levels will 

### beset low enoughthatuses of the propertywill 

### notbe 

### restricted in thefuture. Propertiesinheavyindustrialareas mayutilizea higherrisklevel. If

### siteuse.changes aftercleanup, the standards will 

### be 

### reviewed. to

ensurethatcleanuplevels protecthumanhealthand theenvironment.

• Applicable State andFederal Laws: Cleanuplevels andmethods used must comply withexistingstateor fed.erallaws.

• EnvironmentalConditions: Washington's diverseenvironmentpresentsmany variablesinsoil conditions,watertables, climate,andplantand animal communities. These variables need to be

### considered. becausethey effecttheway hazardous substancesinteractona siteandhow they impacthumans and wildlife.

• Technology: Althoughcleanuptechnologies are developingrapidly, many contaminants arestill difficult or impossibleto removefrom soil and water. For this reason, someflexibility is 

### provided. to considertechnological limitations when setting cleanuplevels. Additionally, insomecases, cleanuplevels are setat concentrations lowerthanwhatcanbe 

### reliablymeasured using today's sampling and analyticalprocedures. Inthosesituations, the lowestreliable measurement would initiallybe 

### used. The availability ofimprovedanalyticalmethods will be periodicallyreviewed.



## ProtectionAfterCleanup

• -ConfirmationalMonitoring: Monitoringmustbe

### conductedat eachsite to verify that cleanupactions worked andremain effective overtime.

• Periodic Review: If

### hazardous materials remainat a site at levels which exceed Method A orBcleanup levels, Ecology will review the site everyfive years to ensure

r 

### continuedprotectionofhumanhealthand the environment. Ecology will publisha notice of all periodicreviews in thesiteregisterand providean opportunity for publicreview and comment.

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# ..**~t}~~ }~~!.;~.**  

# ;)f····;**i;~:i;:.:·~.':;:~~~~~~~~'t:~~.'** ..... ..'.;"

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..

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# ~.,<.,_.~ ,.-**'~'£:. L~a~41g** **Und~r~~~~c:t~.tor~ge~T~sf'~~~~:.~~~ '~~~>;~:**  

## ..**-~** 

## ,:**~1t':;.~;:.';::;;~** ....**~.:·:·~** ..**'~')"~:. ~~1.:;>Becii.ill;eJeak1rlgundt!fgtOUn~:~t()~ge~teinks·haveo**  

## thepotentialto'cause

### fire's'**orrl~.O: t<'(~f~}'SI:**  ',**\l:~+:;:explosions** 

### andbecause, they'caneasilycontaminatenearbydrinkingwatersources, they ::;,:;**.,~~'~~;** 

### generally.must**~.cl~~d~~R~P~:quicl9y"thanlother** 

### sites, Owners andoperators of. -:';.**:'!;~ ';":~~<-c.)ea~g** **~dergro~d.;~to~g¢.~~h~ulq.C()$ct** 

### ECology

### for additional**requiJ:eJ;ll~ts** 

### -.

# '(',~~~;~~W~~~~J~~~ljl~~;3~~**:'~i~;:~'~~~~:{;~:;~7:~~~Z** 

# " "

ForMoreInformation ,r**.;~** ..**J-~.-'** .•**f"r:i:~.** 'Y, • :••.• , .... " • '..

. . ,......:-" • ., .-,. • ''0' ,,' ','

.

. .... (

. 

### ,"

t

..

r """:'

.-**~.'** " .'**~r::: .:;;.-~** **,~,) s.·,~.,'-;:'.;-·.;.·:.·:··.:>·>f~~·f**  '-:,r': (:;; .: , ' .'."
, . 

### The Site Register is 

### published.every two weeks to 

### alert the public to the availability of .reports/public' comment periods,,and. other activities related to the study'and cleanup of 

### hazardous waste sites, Including program policies .and guidance documents.. To receive the Site Register, contact Pat Holm at (206) 438-3081 

### or 1-8Q0..458-0920•.



### Periodic publications inform the public of major activiteswithin 

### the Toxies Cleanup Program related to the cleanup of hazardous waste sites. To be placed on this mailing list, contact Donna Foster at (206)438-3009 

### or 1-800-458-Q920.

.

..... , .' \

-: .' 

# c



# o

## Chapter 173-340WAC· MODEL TOXICS CONTROL ACT CLEANUP REGULATION

PART VI - PUBLIC PARTICIPATION 173-340-500 Determination of status as a potentially liable person .

.. 48 173-340-510 Administrative options for remedial actions . . . . . .

.. 49 173-340-520 Consentdecrees.

. . . . . .. 50 173-340-530 Agreed orders.

. . . . . . .. . 53 173-340-540 Enforcement orders

..... 55 173-340-550 Payment ofremedial action costs

.... :......... 56 173-340-560 Mixed funding 61 

# e WAC



### PART I - OVERALL CLEANUP PROCESS

173-340-100 Purpose............. .'. 3 173-340-110 : ,Applicability . .**~.** 

### . . . . . .'. . 3 173-340-120 Overview.............. 4 173-340-130 Administrative principles

.... 6 173-340-140 Deadlines.......;...... 9

PART 

# n - . DEFINITIONS AND USAGE

173-340-200 DefInitions............ 10 173-340-210 Usage............... 18

PART ill

- 

### SITE REPORTS AND CLEANUP DECISIONS PART V - ADMINISTRATIVE PROCEDURES FOR REMEDIAL ACTIONS /



### 173-340-300 Site discovery and reporting 18 173-340-310 Initial investigation . . . .

.. 20 173-340-320 Site hazard assessment.

. .. 21

I 

# e 173-340-330 Hazardous sites list.

. . . .. 23 173-340-340 Biennial program report .

.. 24 173-340-350 State remedial investigation and feasibility study

..... 25 173-340-360 Selection of cleanup actions 28

PART IV - SITE CLEANUP AND MONITORING
173-340-400 Cleanup actions . . . . . .

.. 34 173-340-410 Compliance monitoring requirements

. . . . . . . . .. 39 173-340-420 Periodic review . . . . . .

.. 40 173-340-430 Interim actions 41 173-340-440 Institutional controls . . .

.. 43 173-340-450 Releases from underground storage tanks

. . . . . . . . .. 

### 44

1 

### 173-340-600 Public notice and participation . . . . . . . .

.. 62 173-340-610 Regional citizens' advisory committees . . . . . . . . .

.. 68

PART 

## vn
- CLEANUP STANDARDS
173-340-700 Overview of cleanup standards 70 173-340-702 General policies . . . . . .

.. 74 173-340-704 Use ofmethod A

..... " 75 173-340-705 Use of method B . . . . .

.. 76 173-340-706 Use ofmethod C . . . . .

.. 77 173-340-707 Analytical considerations

.. 79 173-340-708 Human health risk assessment procedures . . •. 80 173-340-710 Applicable state and federal laws 86 173-340-720 Ground water cleanup .standards

. . . . . . . . .. 

### 88 Table 1 Method A cleanup levels - ground water 90 173-340-730 Surface water cleanup standards . . . . . . . .

.. 98, -

, 

### - 

# Chapter'173-340 WAC

• ,. '.' ;r-'

. - ." f'.: ;

. .**.~.** .- 

# MODEL TOXICS CONTROL ACT--CLEANUP

DISPOSITION OF SECTIONS FORMERLY COOIFIEO 

## IN
THIS CHAPTER 

# 0-

PART 

## vm
- GENERAL PROVISIONS

173-340-800 

### Property access 120 173-340-810 

### Worker safety and health. 122 173-340-820 

### Sampling and analysis plans 122 173-340-830 

### Analytical procedures'.

. .. 123 173-340-840 

### General submittal requirements.

. . . . ., 125 173-340-850 

### Recordkeeping requirements 126 173-340-860 

### Endangerment 127 173-340-870 

### Project coordinator 127 173-340-880 

### Emergency actions 128 173-340-890 

### Severability.......... 128 173-340-740 

### Table 2 173-340-745



### Table 3

173-340-750

173-340-760 

### Soil cleanup standards 102 

### Method A cleanup levels - soil 194- Soil cleanup standards for industrial sites . . . .
., - III Method A cleanup levels - industrial soil . . . . . . . .

.. 113 Cleanup standards to protect air-quality

. . . . ., 117 

### Sediment cleanup standards 120 173-340-010**173-34O~020**

, 173-340-030

173-340-040

173-340-050

2 Purpose. [statutory Authority: Chapter 70.105B RCW. 88-13-036 (Order 88-40), §173-340-010, filed 6/8/88.J Repealed by 90-08-086, filed 4/3/90, effective 5/4/90. Statutory' Authority: Chapter 70.1050 RCW. Definitions. [Statutory Authority: Chapter 70.105B RCW. 88-13-036 (Order 88-40), §173-340-020, filed 6/8/88.J Repealed by 90-08-086, filed 4/3/90, effective 5/4/90., Statutory Authority:' Chapter 70.1050 RCW. Emergency actions. [Statutory Authority: Chapter 70.105B RCW. 88-13-036 (Order 88-40), §173-34O-Q30, filed 6/8/88.J Repealed by 90-08-086, filed 4/3/90, effective 5/4/90. Statutory Authority: Chapter 70.1050 RCW. Settlementprocedures. [Statutory Authority: Chapter 70.105B RCW. 88-13-036 (Order 88-40), §173-340- 040, filed 6/8/88.J 

# C'
Repealed by 90-08-086', filed 4/3/90, effective 5/4/90.

. Statutory Authority: Chapter 70.1050 RCW. State conducted remedial action--Notice. (Statutory Authority:

_ Chapter 70.105B RCW; 88-13-036 (Order 88-40), §173-340- 050, filed 6/8/88.J Repealed by 90-08-086,- ftled 4/3/90, effective 5/4/90. Statutory Authority: Chapter 70.1050 RCW.

### Model. Toxies Control Act-Cleanup. 173-340-110

PART

.I-OVERALL CLEANUP PROCESS

-**~I.:.** .• ".,

## eWAC1?~~~~OO' ...

## ~,~Ose: " '. This chapter

### ispromulgatedunderthe ModelToxics 

### ControlAct.. Itestablishes 

### administrative processes arid 

### standards to'identify, investigate, and cleanup facilities where hazardous substances have.come to be located.' It defmes the role of the department

. and encourages public involvement in decision

making at 

### these facilities

.. The goal ofthis chapter is' to implement the policy declared by chapter 70.105D RCW. This chapter provides a workableprocess to accomplish effective and, expeditious cleanups in a manner that protects human health and the environment. This chapter is primarily intended to address releases ofhazardous substances caused by past activities although its provisions may 

### beapplied to potential and ongoing releases of hazardous substances from current activities. [Statutory Authority: Chapter 70.105D RCW. 90- 08-086, §173-340-100, ftled 4/3/90, effective 5/4/90.]



# -

(12125/93) 

### WAC 17>-340-110 

### Applicability. (1)

.This chapter shall apply to all facilities where there has been a release or threatened release of a hazardous substance that may pose a threat to,human health or the

### enviro~ent.· Under this chapter, the department may require or take those actions necessary 

### to investigate and remedy these releases. (2) Nothing herein shall 

### beconstrued to diminish the department's authority to address a release

or threatened release under other applicable laws or regulations. The cleanup process and

.procedures underthis chapterand under other laws may 

### be combined. The department**~ay** initiate 'a remedial action under this chapter and may upon further analysis determine that another law is more appropriate, or vice

versa. (3) Ifa hazardous substance remains at a facility after actions have been completed underother applicable laws or regulations, the department may apply this chapter to protect human health or the environment. [Statutory Authority: Chapter 70.105D RCW. 90- 08-086, §173-340-110, ftled 4/3/90, effective 5/4/90.]

[Cb. 173-340 WAC-p 3]173-J40.:.UO

- 

### Model Toxics Control Act-Cleanup



# C- r ;.**t~·** r,· F 

### WAC 173-340-UO,. 

### Overview. ,:

(I), -Purpose.'., ':<-'-<":

- (2) Site**d~cry.** ,. ,

__ (3) Siteprioritics.#>"

- 'l'**,.~.'. ~.',.**  (4) Detailedsite invcatigatiooa aud cleanup dcc:isiooa. (5) Site clcanup. ' (6) Inttrim actiooa.

-**_~** ',' (T) LeakiDg lllldergroundltorllgc taDt •• (8) Proecdurc. for cmdueliDg rcmcdiaJ actiooa. (1) Purpose. This section provides an ovelView of the ,cleanup process that typically will

occur at a site where a release ofa hazardous substance 

### has been discovered. If there are any inconsistencies between this section and any specifically referenced sections, the' referenced section shall govern. (2) Site discovery. Site discovery includes: (a) Release reporting. A reporting program is established to help identify potential hazardous waste sites. Owners and operators who know of or discover a release ofa hazardous substance due to past-activities must report the release to the department within ninety days of discovery, under WAC 173-340-300. Most current releases of hazardous substances must be reported to the department under the state's hazardous waste, underground storage 

### tank, or water quality laws. The term "hazardous substance" includes a broad range of substances as defined by chapter 70.105DRCW. (b) Initial investigation. Within ninety days of learning of. a hazardous substance release, the department will conduct an initial .investigation of the site under WAC 173-340-310. For sites that may need further remedial action, an early notice letter will be sent to the owner and operator informing them of the department's decision. (3) Site priorities. Priorities for further remedial action are set by the following process: (a) Site hazard assessment. Based on the results ofthe initial investigation, a site hazard assessment will be performed if
necessary,

- under WAC 173-340-320."

[Cb.l73-340'WAC-p 4] 

### (4) "The purpose of the site hazard assess- ""
ment is to gatherinformation to confirm' whether a release has occurred and to enable the department to evaluate the relative potential hazard, posed by tile' 'release. Ifthe "department decides that

no further action is required, it will notify the public of that decision through the site register. (b) Hazardous sites list. The department

_ will maintain a list of sites that require further remedial action. Sites will be listed after the completion of a site hazard assessment. Sites placed on the list will be ranked using the department's hazard ranking method. The department may remove a site from the hazardous sites list ifthe cleanup action
at the site has achieved the cleanup standards and all remedial actions except confmnational monitoring have been completed. See WAC 173-340- 330. (c) Biennial program report. Every evennumbered year, the department will prepare a biennial program report for the legislature. The hazard ranking, along with other factors, will be used in this report to identify the projects and expenditures recommended for appro-

- priation. See WAC 173-340-340.
Detailed site investigations and cleanup decisions. The following steps will be taken to

ensure that the proper method of cleanup is chosen for the site. (a) Remedial investigation and feasibility study. A state remedial investigation/ feasibility study will be performed at ranked sites under WAC 173-340-350. The state remedial investigation/feasibility study defines the extent of the problems at the site and evaluates alternative cleanup actions. (b) Selection of cleanup action. The department will evaluate the remedial

(12/25/93)

### Model Toxics Control Act-Cleanup 173-340-120

(5) 

# •**.,~".,** :'. ,investigation/feasibility 

### .study, establish

.cleanup levels and the point or points at which they must be complied with in accordance with the procedures provided for in WAC**173-3~** 700 through 173-340-760and.select a cleanup action that will protect human health and the environment and meet the otherrequirements ofWAC 173-340-360. At some

.sites, restrictions on the use ofthe land and resources (institutional conirols) will 

### be required to insure continued protection of human health and the 

### environment, See WAC 173-340-440.' The cleanup action will be set forth in a draft cleanup action plan that addresses cleanup requirements for hazardous substances at the site.' After public comment on the draft plan, a. fmal cleanup action plan will be issued by the department. (See WAC 173-340- 700 for additional overview discussion ofthese requirements.) Site cleanup. Once the appropriate cleanup action has been selected for the site, the actual cleanup will be performed. (a) Cleanup actions.. WAC 173-340-400 describes the design and construction requirements for implementing the cleanup action plan. (b) Compliance monitoring and review. The cleanup action must include compliance monitoring under WAC 173- 340-410 and in some cases periodic review under WAC 173

..:340-420 to ensure the long-term effectiveness of the cleanup action. (6) Interim actions. Under certain. conditions it may 

### be appropriate to take early actions at a site prior to completing the process described in subsections (2) through (5) ofthis section. WAC 173-340-430 describes when it is appropriate to take these early orinterim actions and the requirements for such actions.

...(7) Leaking underground storage 

### tanks. Under-

.. ground storage tank (US]) owners and under-

(12125/93) ground storage 

### tankoperators regulated under chapter 90.76 RCW 

### are required to perform specific actions in addition to what other site.

owners and operators would do under this chapter. Such additional actions include reporting ofa confirmed release within'twenty-four hours, follow-up investigation; free productremoval and immediate assessment of the threat to human health and the environment at the site. A written report describing

. the site andthe actions taken mustbe submitted within.ninety days of release confirmation. Depending on the 'results of these actions, additional remedial actions may be required. WAC 173-340-450 describes these . and other requirements for leaking underground storage 

### tanks. (8) Procedures for conducting remedial actions. (a) Remedial action agreements. The departmenthas authorityto take remedial actions orto orderpersons to conduct remedial actions under WAC 173-340- 510 and 173-340-540. However,. the department encourages agreements for investigations and cleanups in appropriate cases

.. These agreements can be agreed orders or consent degrees reached under the procedures of'WAC 173-340-520 and 173-340-530. (b) Independent remedial actions.' Persons may decide to perform investigations and cleanups without department approval under this chapter. The depart

.. ment will use the appropriate requirements contained herein in its evaluation of the adequacy of any independent remedial actions performed. Nothing in this chapter prohibits persons from performing such actions before the department is ready to act at the site; however, all interim and cleanup actions
must be reported to the department under WAC 173-340-300. Furthermore, independent remedial actions are done at the potentially liable person's own risk and the department may take

[Ch. 173-340WAC-p S]173-340-120 

### ModelToxicS Control Act-Cleantip·



# o

;- . '. <.;. or require additional remedial actions at



### . '. these sites at

# any time. (See WAC 173-

.- 340-510.)

. '.' ". 

### ..':<, ;. '.' :.:.-:r (c)
., Public participation.' The public will receive notice and an opportunity to

.'comment on most of the' steps in the

cleanup process.' At many

.sites, a public participation plan will 

### be prepared to provide opportunities for more extensive public involvement in the cleanup process. These requirements are described in WAC 173-340- 

### 600. [Statutory Authority: Chapter70.105D RCW. 91- 04-019, §173-340-120, ftled 1/28/91, effective 2/28/91; 90-08-086, §173-340-120, filed 4/3/90, effective 5/4/90.]

[Cb. 173-340 WAC-p 6] 

### WAC 173-340-130 

### Administrative Principles.

.(1) introduCtion. (2) Information shariDg. (3) Informationexchange. (4) Scopeof public participation. (5) Scope ofinformation. " (6) Combining steps • (1)' Routine cleanup actions. (8) Prepantion ofdocumentl. (9) Inter-agency coordinatiOll. (10) Appesb. (1) Introduction. The department shall conduct

or require remedial actions consistent with the provisions ofthis section, as typically defined by the subsequent sections. (2) Information sharing. It is the policy of the department to make available information about releases or threatened releases with property owners or other persons with poten

### tial liability for a site in order to encourage them to conductprompt remedial action. It is also the policy. of the department to make information availableto interested members of the public. (3) Information exchange. (a) .Technical assistance. Persons are encouraged to contact the department and seek assistance on the general administrative and technical requirements of this chapter. The department may provide informal advice and assistance
to potentially liable persons at any time during the development of a remedial action. Unless the department is providing formal guidance for the implementation of an order or decree any comments by the department or its agents are advisory and not commitments or approvals binding on the department. A person may not represent this advice as an approval of a remedial action. If the person requesting the advice is seeking binding commitments or approvals an order or consent decree shall be used. The

. department advises persons requiring site-specific legal ortechnical assistance
to hire an attorney or engineering

(12125/93) I ii· 

# o



# o

### Model Toxics Control Act-Cle2nup 173-340-130

(4)

(5) 

### "consultant 

### ',i, with;
,,the 'appropriate environmental 

### expertiser. 'j (b) " 

### Response to requests: If

### thedepartment " believes that responding 

### to a request for technical 

### assistance, would involve substantial time or resources or would
not be 

### in the public interest" the department may decline to provide the,.

### re- , quested 

### assistance.... The 

### department

shall inform the requester of its response. The department may require
, one or more of the following before

devoting time to the request: (i) A 

### proposed schedule; (ii) 

### Payment, in advance, for its costs in responding to the request; (iii) 

### Other assurances that the requester is serious about carrying out the provisions ofthis chapter; or (iv) Other information. Scope of public participation. The department seeks to encourage public participation 

### in all steps of the cleanup process. The department shall encourage a level ofparticipation appropriate to the conditions at a facility and the level ofthe public's interest. Scope of information. It 

### is the department's intention that adequate information will be 

### gathered at a site to enable decisions on appropriate actions. It 

### is also the department's intention that decisions be 

### made once adequate information is obtained. Studies can be 

### performed and submittals made at varying levelsofdetail appropriate to the conditions at the site. For example, the department might decide that a study of a small site with minimal ground water impacts need not include as detailed an analysis ofthe ground water flow system as for a study of a geologically more complex site. Once the department has adequate information it will make cleanup decisions within the framework provided in this chapter and in site-specific orders or decrees.Combining steps. Several steps in the cleanup process may be combined into fewer steps, (1) whenappropriate, 

### For example, the department and 

### a potentially liable person may agree that conditions at a site are 

### such that the .remedial 

### investigation/feasibility study' and 'remedial design and implementation, 'steps could be 

### combined into a single step. '
Routine cleanup actions. Flexibility in the scope ofinvestigations and in combining steps may be particularly appropriate for routine cleanup actions. Forexample, the department 'may decide to approve a routine cleanup

action based upon a single investigation that'includes' a site hazard assessment and a simplified, state remedial investigation/feasibility study and engineering 'design plan. (a) A 

### cleanup action may be considered routine if

### the following criteria are 

### met: (i) It

### involves an obvious and limited choice among cleanup methods; (ii) It 

### uses a cleanup method that is reliable and has 

### proven capable of accomplishing cleanup standards; (iii) 

### Cleanup standards for each hazardous substance addressed by the cleanup are' 

### obvious and undisputed, and allow an adequate margin ofsafety for protection of human health and the environment; (iv) The department has experience with similar actions; and (v) The action does not require an environmental impact. statement. (b) 

### Routine cleanup actions consist of or , are 

### comparable to one or more of the following remedial actions: (i) Cleanup of above-ground structures (ii) Cleanup of below-ground structures; (iii) 

### Cleanup of contaminated soils where the action would restore the site to cleanup levels; or '£.,

(12125/93) [Cb. 173-340 WAC-p 7]**17~-340-130** 

### Model. Toxics Control Act-Cleanup

, •.-1, -;':,;;,.(iv) :; 

### Cleanup of solid wastes, 

### includ- .

.......**~.** 

### .',' .. ' . .ing containers

_ . .;.: '.' >•.• ' ,I....

. • Lc:LI.J.J. .J • • -. 

### :'

.. (c) Cleanup-of ground water will not nor- '", mally be considered a routine cleanup action.

..

### (d) A routine cleanup action may be conducted under any of the procedures 

### described in WAC 173-340-510. How:" ever, the department will' attempt to ensure that all routine cleanup action decisions are consistent with this chap- . ter. (8) Preparation of documents, 

### Except for the initial investigation;' any of the studies, .reports, or plans used in 

### the cleanup process can be prepared by either the department or the potentially liable person. The department retains all authority to review and verify the documents submitted and to make decisions based on the documents. (9) Inter-agency coordination. (a) The department shall ensure appropriate local, state, and federal agencies and tribal organizations are kept informed and, as appropriate, involved in the development and implementation of remedial actions. The department may require a potentially liable person to undertake this responsibility. If 

### the potentially liable person demonstrates' that-,they are unable to obtain adequate involvement to allow the remedial action to proceed by a particular government agency or tribe, the department shall request the involvement of the agency or tribe. (b) 

### The nature and degree of coordination and consultation shall be commensuratewith the other agencies and tribes interest and need at the site. Interestedagencies and tribes shall also be included in the mailing list for public notices under WAC 173-340-600. To facilitate coordination, it is important for the agencies and tribes to provide specific comments, including the identification

leb. 173-340 WAC-p 8] ': ,<,

. 

### of additional information needed' or mitigating measures that are necessary . . '. .,' or desirable to satisfy their 

### concems.. 

# C'**c~**

(c) In

.

### order to provide for expeditious

### .~ cleanup actions, all federal, state, 

### and'local agencies are encouraged to coordinate when providing notices, holding . meetings and hearings, and preparing .

documents. Whenever reasonable, thedepartment shall coordinate and combine its activities with other agencies and tribes to minimize the duplication of notices, hearings and preparation of documents, unless otherwiseprohibited. . (10) Appeals. Unless otherwise indicated all .i 

### department decisions made under this chapter are remedial decisions and may be appealed only as provided for in 

### RCW 70.105D.060. [Statutory Authority: Chapter 70.105D RCW. 90- 08-086, §173-340-130, filed 

### 4/3/90, effective 5/4/90.]


# o

(12/25/93)Model Toxics Control Act-Cleanup 173-340-140

(5) WAC**173-349-~40m.;,cDeadlines."~.'** .:;.**'~li,;'!** '(1) Purpose.:'?' It'isthe :department's 'intent to. 

# e ,.:' 'move sites through, the cleanup process 

## 'as

, ,." expeditiously as';, possible. However, the department is limited by the amount ofper- "sonnel and funds' it can expend in any' given



### fiscalyear.· This section is intended to 

### establish reasonable deadlines for remedying/releases within these. constraints.'
,Tbeprocedure for setting .priorities 'is described in WAC 173-340-330 and 173-340-340. (2) Within ninety days oflearning ofa release or threatened release of a hazardous substance, the department shall complete an initial investigation under WAC 173-340-310. (3) 'At least twice a year, the department will determine which sites with completed initial investigations are a high priority for further investigation. .At that time, the department, will schedule high priority sites for further investigations to commence within six months. This determination will be based on best professional judgment of department staff. Sites may be scheduled for further investigation at any time 

### if the department determines that the site warrants expedited action. (4) The department shall complete the site hazard assessment and hazard ranking on high priority sites within one hundred eighty days ofthe scheduled start date. These sites will be identified in the department's site register. Sites not designated as a high priority will be scheduled for future investigations 'and listed in the bieimial report to the legislature (WAC 173-340-340). The department will conduct at least thirty-five site hazard assessments each 

### fiscal year until the number of sites needing site hazard assessments are reduced below this number. Within thirty days ofranking, the department shall designate which sites are a high priority for a state remedial investigation/feasibility study and which sites are a lower priority where further action can 

### be delayed. The department shall review these lower priority

(12/25/93) sites and provide an opportunity for public commentas part ofthe biennial report'to the legislature (WAC 173-340-340). (6), For all sites designated as a high priority the
state remedial iavestigation/feasibility study shall be completed under WAC 173-340-350 within eighteen months ofsigning the orderor decree. The department may extend the

, ,deadline' up to twelve months 

### if the circum-

. stances at the site merit a longer timeframe.

The department shall provide the public an opportunity to comment on any extension. The department shall initiate a state remedial Investigation/feasibility study on at least ten sites per fiscal year. (7) The department shall select the cleanup action under WAC 173-340-360 and rue a consent decree orissue an orderforcleanup action for all designated high priority sites within six months ofthe completion ofthe state remedial investigation/feasibility study. The department may extend the deadline for up to four months for consent decree and order discussions. The department shall provide the public with an opportunity to comment on any deadline extension. (8) The department will publish site schedules for designated high priority sites in the site register under WAC 173-340-600(6). [Statutory Authority: Chapter 70.105D RCW. 90- 08-086, §173-34O-14O, filed**4/3/90~** effective 5/4/90.]

[Cb. 173-340WAC-p 9]173-340-200 Model Toxics 

### CentralAct-Cleanup

PART 

### ll-DEFINITIONS AND USAGE

'.:**~.\f** . .-....... '. ::

..**-_.~ ~:~.**  .':.-"e.!

.. ":

. WAC 173-340-200 Def"mitioDS.·

:**'~'~.,** .. :.**~.** .':;

.... ··.·l::.,··**'~":"** .-;

. For the purpose of 

### this chapter, the following definitions shall apply: . '"

.,. .. "Act" means the same 

### as the "Model Toxics Control Act" and "chapter 70.105D RCW." '.
"Acute toxicity" means the ability ofa hazardous substance to cause injury ordeath to an organism 

### as

a result of a short-term exposure to a hazardous substance

.. "Agreed order" means 

### anorderissued underWAC 173-340-530. "All practicable

### methods oftreatment" means all technologies and/ormethods currently availableand demonstrated to work under similar site circumstances or through pilot studies, and applicable to the site at reasonable cost. These. include "all known available and reasonable methods of treatment" (AKART) for discharges or potential discharges to waters ofthe state, and "best available control technologies" for releases of hazardous substances into the 

### air resulting from cleanup actions. "Applicable state and federal laws" means all legally applicable requirements and those requirements that the department determines, based on the criteria in WAC. 173-340-710(3), are relevant and appropriate requirements.

. . "Area background" means the concentrations of hazardous substances thatare consistentlypresentin

. the environment in the vicinity ofa site which are the result ofhuman activities unrelated to releases from that site.
"Bioconcentration factor" means the ratio of the concentration ofa hazardous substance in the tissue of an aquatic.organism divided by the hazardous substance concentration in the ambient water in which the organism resides. "Carcinogen" means any substance or agent that produces or tends to produce cancer in humans. Forimplementationofthis chapter, the term carcinogen will apply to substances on the United States Environmental Protection Agency lists ofA (known

[eb. 173-340WAC-p 10] human) and B (probable human) carcinogens, and any substance which causes a significant increased incidence ofbenign

### or malignanttumors in a single, well conducted animal.bioassay, consistent with the weight ofevidence approach specified in the**U~** States Environmental Protection Agency's Guidelines for Carcinogen RiskAssessment as set forth in 51 FR 33992 et seq. 

### as presently published or 

### as subsequently amended or republished.

. "Carcinogeriic potency factor" or ".CPF" means the upper 95th percentile confidence limit of the slope ofthe dose-response curve and is expressed in units of(mg/kg-day)-l. When derived from human epidemiological data, the carcinogenic potency factor may be a maximum likelihood estimate.
"Chronic reference dose". means an estimate (with

an uncertainty spanning an order of magnitude or more) of a daily exposure level for the human population, including sensitive subpopulations, that is likely to be without an appreciable risk of adverse effects during a lifetime.
"Chronictoxicity" means the ability ofa hazardous substance to. cause injury or death to an organism resulting from repeated or constant exposure to the hazardous substance over an extended period of time. "Cleanup" means the implementation ofa cleanup action or interim action. "Cleanup action" means any remedial action, except interim actions, taken at a site to eliminate, render less toxic, stabilize, contain, immobilize, isolate, treat, destroy, or remove a hazardous substance that complies with WAC 173-340-360. "Cleanup action plan" means the document prepared by the department under WAC**173-340~360** which selects the cleanup action and specifies cleanup standards and other requirements for the cleanup action.

. "Cleanup level" means the concentration of a hazardous substance in soil, water, 

### air, or sediment that is determined to be protective ofhuman health and the environment under specified exposure conditions.

(12125/93) 

# o



# oMedelToxles Control Ad-Cleanup 173-340-200
"Cleanup process" means the process for identify-

. ing, investigating, and cleaning up hazardous waste sites under chapter 70.105D RCW...

. . -"Cleanup

# standa~ds" means the standards promulgated under RCW**70~** 105D.030 (2)(d).· Establishing cleanup standards requires specification of the following:

. Hazardous substance concentrations 

### .that protect human health and the environment ("cleanup levels");
The location on the site where those cleanup levels must be attained ("points of compliance"); and
Additional regulatory requirements that apply to a cleanup action because of the type of action and!or the location ofthe site. these·

. requirements are specified in applicable state and federal laws.and are generally established following the selection of a specific cleanup action.
"Closure site assessment" means a site assessment required for closure ofan underground storage 

### tank pursuant to rules adopted under chapter 90.76

• CW. "Compliancemonitoring" means a remedial action that consists of monitoring as described in WAC 173-340-410.
"Containment" means a container, vessel, barrier,

or structure, whether natural orconstructed, which confines a hazardous substance within a defined boundary and prevents or minimizes its release into the environment.
"Contaniinant"means any hazardous substancethat does not occur naturally or occurs at greater than natural background levels.
"Curie" means the measure ofradioactivity defined as that quantity ofradioactive material which decays at the rate of 3.70 x 1010 transformations per second. This decay rate is nearly equivalent to that exhibited by 1 gram ofradium in equilibrium with its disintegration products. "Day" means calendarday; however, any document due on the weekend or a holiday may be submitted 

# e

(12125/93) on. the first working day after the weekend or holiday. 

### "Decree" means consent decree under WAC 173- 340-520. "Consent decree" is synonymous with decree.

. /

. "Department" means the Department ofEcology.

"Developmentalreference dose" means an estimate (with an uncertainty of an order of magnitude or more) of an exposure level for the human population, including sensitive subgroups, that is likely to be without an appreciable risk of developmental

. effects.
"Direct contact" means exposure to hazardous substances through ingestion or dermal contact.

. . "Director" means the Director of Ecology or the Director's designee.
"Environment" means any plant, animal, natural
resource, surface water (including underlying sediments), ground water, drinking water supply, land surface (including tidelands and shorelands) or subsurface strata, or ambient 

### air within the state of Washington or under thejurisdiction ofthe state of Washington.

.. "Exposure" means subjection ofan organism to the action, influence, oreffect ofa hazardous substance (chemical agent) or physical agent. Exposure is quantified as the amount of the agent available at the exchange boundaries (e.g., skin, lungs, gut) and available for absorption. "Exposure parameters" means those parameters used to derive an estimate of the exposure to a hazardous substance. "Exposure pathway" means the path a hazardous substance takes or could take from a source to an exposed organism. An exposure pathway describes the mechanism by which an individual orpopulation is exposed or has the potential to be exposed to hazardous substances at or originating from a site. Each exposure pathway includes an actual or potential source or release from a source, an exposure point, and an exposure route. Ifthe exposure point differs from the source of the hazardous substance, the exposure pathway also includes a transport/exposure medium.

[Ch. 173-340 WAC-p 11]173-340-200 ' Model·,Toxics Control Act-Cleanup
"Facility" means 

### anybuilding; structure, installation, equipment, pipe or pipeline (including any pipe into .a sewer .or publicly owned treatment works), .well., 'pit, pond, lagoon, ,impoundment, ditch, landfill.istorage
,container, motor vehicle, rolling stock, vessel, oraircraft; or any site orarea wherea hazardous substance, otherthan a

### consumer product in consumer use, has been deposited" stored, disposed of, orplaced, or otherwise collie to be located.

. "Federal cleanup law" means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986, 42 U.S.C. 9601 et 

### seq., as presently promulgatedoras subsequently amended or repromulgated.
"Fish 

### diet fraction" means the percentage of the total fish or shellfish. in an individual's diet that is obtainedorhas the potentialto be-obtained from the site.
"Food crop" means any domestic plant which is produced for the purpose of, or may 'be used in whole or in part for, consumption by people or livestock. This shall include nursery, root, or seedstock to be used for the production of food crops. "Free product" means a hazardous substance that is present as a nonaqueous phase liquid (that is, liquid not dissolved in water).
"Ground water" means water in' a saturated zone
or stratum beneath the surface of land or below a surface water. "Hazard index" means the sum of two or more hazard quotients for multiple hazardous substances and/or multiple exposure pathways.
"Hazardous sites 

### list" means the list ofhazardous waste sites maintained under WAC**173-3~330.** "Hazardous substance" means any dangerous or extremely hazardous waste as defmed in RCW 70.105.010 (5) and (6), or any dangerous or extremely dangerous waste as designated by rule under chapter 70.105 RCW; any hazardous substance as defmed in RCW 70.105.010(14) or any hazardous substance as defined by rule under chapter 70.105 RCW; any substance that, on the

lCb. 173-340WAC-p 12] effective date of this section, is a hazardous substance under section 101(14) ofthe federal cleanup law, '42 U.S.C., Sec.. 9601(14); petroleum or petroleum products; and any substance or category ofsubstances, including solid waste decomposition products, determined by the director by rule to present a threat to human health or the environment if released into the environment.
The term hazardous substance does not include any ofthe following when contained in an underground storage tank from 'which there is not a release: Crude oil or any fraction thereof or petroleum, if the tank is in compliance with all applicable federal, state, and local law.
"Hazardous waste site" means any facility where there has been confirmation of a release or threatened release ofa hazardous substance that requires remedial action.
"Hazard quotient" or "HQ" means the ratio ofthe dose of a single hazardous substance over a specified time period to a reference dose for that hazardous substance derivedfor a similar exposure period. "Highest beneficial use" means the beneficial use ofa resource generally requiring the highest quality in the resource. For example, for many hazardous substances, providing protection for the beneficial

use of drinking water will generally also provide protection for a great variety ofother existing and future beneficial uses ofground water. "Independent remedial actions" means remedial actions conducted without department oversight or approval and not under an order or decree.
"Indicator hazardous substances" means the subset of hazardous substances present at a site selected under WAC 173-340-708 for monitoring and analysis during any phase ofremedial action'for the purpose ofcharacterizing the site orestablishing cleanup requirements for that site.
"Inhalation correction factor" means a multiplier that is used to adjust exposure estimates based on ingestion of drinking water to take into account exposure to hazardous substances which are volatilized and inhaled during use ofthe water.
"Initial investigation" means a remedial action that consists of ail investigation under WAC 173-340-

(12125/93) 

# o

oModel Toxics Control Act-Cleanup 173-340-200

310 to determine that a release orthreatened release may have occurred that warrants further action 

# e under this chapter. '**"~:,** ':

, "Instltutlenalcontrol" means ameasureundertaken to limit orprohibit activities that may interfere with the integrity ofa cleanup action or result 

### in exposure to hazardous substances at the site. ' "Integrated risk infonnation system" or 

# "nUs"

meansa data base developed 

### by the United States

. Environmental Protection Agency which provides a

summary of information on hazard identification ' and dose-response assessmentfor specific hazardous substances.
"Interim action" means a remedial action conducted under WAC 173-340-430 that partially addresses the cleanup of a site. "Interspecies scaling factor" means the conversion factor used to take into account differences between animals and humans. "LegaUy applicable requirements" means those

. cleanup standards, standards of control, and other

human health and environmental protection require

## a ments, criteria, or limitations promulgated under

.. state or federal law that specifically address a hazardous substance, cleanup action, location, or other circumstances at the site. 

### "Lowest observed adverse effect level" or 

### "WAEL" means the lowest concentration of a hazardous substance at which there is,a statistically

orbiologically significant increase in the'frequency or severity of an adverse effect between a population and a control group.

, "Mail" means delivery through the United States

Postal Service or an equivalent method ofdelivery

or transmittal, including private mail carriers, or personal delivery.
"Maximum contaminant level" or "MCL" means the maximum concentration of a contaminant established by either the Washington state board of health or the United States Environmental Protection Agency under the Federal Safe Drinking Water Act (42 U.S.C. 300£ et seq.) and published in chapter248-54 WAC or 40C.F.R. 141 as presently APromulgated or subsequently amended orrepromul- .gated.

(12125/93) "Maximum contaminant level goal" or "MeLG"

means the maximum concentration ofa contaminant established by either the Washington state board of health or the United States Environmental 

### Protection Agency underthe Federal SafeDrinking Water Act (42 U.S.C

.. 300f et seq.) and published, in chapter248-54WAC or40 C.F.R. 141 as presently promulgated or subsequently amended or repromulgated, for-which no known or anticipated adverse effects on human health occur,' including an adequate margin of safety.
"Method detection limit" or "MDL" means the minimum concentration of a compound that can be ' measured and reported with 99 

### % confidence that the value is greater than zero. "Millirem" or "mrem" means the measure of the dose ofany radiation to body tissue in terms ofits estimated biological effect relative to a dose re- , ceived from an exposure to one roentgen (R) of xrays. One millirem equals 0.001 rem.
"Mixed funding" means any funding provided to potentially liable persons from the state toxics control account under WAC 173-340-560.
"Model Toxics Control Act" or "act" means the
act approved by the voters at the November 1988 general election, also known as Initiative 97 (chapter 70.105D RCW).
"Natural background" means the concentration of hazardous substance consistently present in the environment which has not been influenced by localized human activities. For example, several metals naturally occur in the bedrock and soils of Washington state due solely to the geologic processes that formed these materials and the concentration of these metals would be considered natural background. Also, low concentrations of some particularly persistent organic compounds such as polychlorinated biphenyls (PCBs) can be found in surficial soils and sediment throughout much ofthe state due to global use ofthese hazardous substances. These low concentrations would be considered natural background. Similarly, concentrations of various radionuclides which are present at low concentrations throughout the state due to global distribution offallout from bomb testing and

[Ch. 173-340 WAC-p 13]. 173-340-200' 

### Model Toxies Control Ad-Cleanup



# o nuclearaccidents would be

### considered natural background. ;

. ,-**':~'t'='···,** , 

### "Natural person" "means any unincorporated 

### individual or 

### groupof' individuals. ,The tenn··

. "individual" is synonymous with "natural person."

"No

### ob~rved**adverse'~ffed le~el"**  or "NOAEL"

means the exposure level at which there 

## are no. statistically or biologically significant increases 

### u{ frequency orseverity ofadverse effects between the exposed population and its appropriate control; some effects may be produced at this level, but they

are 

### not considered to be adverse, nor precursors to specific adverse effects.

. "Null hypothesis" means an assumption about. hazardous substance concentrations at a site when evaluating compliance with cleanup levels established under this chapter. The null hypothesis is that the site is contaminatedat concentrations which exceed cleanup levels. This shall not apply to cleanup levels based on backgroundconcentrations.
"Order" means an enforcement order issued under WAC 

### 173-340-540 oran agreed order issued under 

### wAc 173-340-530.
"Owner or operator" means any person with any ownership interest in the facility or who exercises any control over the facility; or in the case of an abandoned facility, any person who had owned, or operated, or exercised control over the facility any time before its abandonment. The term 

### does not include: An 

### agency of the state or unit of local government which acquired ownership or control involuntarily through bankruptcy, tax 

### delinquency, abandonment, or circumstances in which the government involuntarily acquires title. This exclusion does not apply to an agency of the state or unit of local government which has caused or contributed to the release or threatened release of a hazardous substance from the facility; .or A person who, without participating in the management of a facility, holds indicia of ownership primarily to protect the person's security interest in the facility.

.

[Ch. 173-340 WAC-p 14] 

### "PADs (carcinogenic)" means those PAHs sub- .stancesidentifiedas A (known human}or B (probable human) carcinogens by the United States Environmental Protection 

### Agency.. These include benzo(a)anthracene,benzo(b)fluoranthene,benzo(k)- fluoranthene.. benzo(a)pyrene, chrysene, dibenZo-. (a,h)anthracene, and indeno(I,2,3-ed)pyrene.

. "Permanent solutionII 

### means 

### a' cleanup action in

which cleanup standards of WAC 

### 173-340-700 through 173-340-760 can be met without further action being required at the site being cleaned up or any other site involved with the cleanup action, other than the approved disposal of any residue from the treatment of hazardous substances.
"Person" means an individual, firm, corporation, association, partnership, consortium, joint venture, commercial entity, state government agency, unit of local government, federal government agency, or Indian 

### tribe. "Picocurie" or "pCi" means 10-12 

### curie.
"Point of compliance" means the point or points where cleanup levels established in accordance with**iJ\;/~;** WAC 

### 173-340-720 through 173-340-760 shall be 

# 0

attained. "Polychlorinated biphenyls" or "PCB mixtures" means those aromatic compounds containing two benzene nuclei with two or more substituted chlorine atoms. For the purposes of this chapter, PCB includes those congeners which are identified using the appropriate analytical methods 

### as specified in WAC 

### 173-340-830. "Polycyclic aromatic hydrocarbons" or "PAH" means those hydrocarbon molecules composed of two or more fused benzene rings. Forthe purpose of this chapter, PAH includes those compounds": 

### which are 

### identifIed and quantified using the appropriate analytical methods as 

### specifiedin WAC 

### 173- 340-830. The specific compounds generally includ-

.ed are 

### acenaphthene, acenaphthylene, fluorene,

naphthalene, anthracene, fluoranthene, phenanthrene, benzo[a]anthracene, benzo[b]fluoranthene, benzo[k]fluoranthene, pyrene, chrysene, benzo[a]- pyrene,

. dibenzo[a,h]anthracene, indeno[I,2,3- cd]pyrene, and benzo[ghi]perylene.

(12125/93)Model Toxics Control Act-Cleanup 173-340-200
"PotentiaUy liable person"means any person whom the department-finds, based-on. credible

.•vidence, to be liable underRCW 70.105D.04O.

.'Practicable" means (except when used in the phrase "permanentto the maximum extent practicable" which is defmed in WAC 173-340-360(5» capable ofbeing designed, constructed and implemented in a reliable and effective manner including consideration ofcost. .When considering cost under this analysis, an alternative shall not 

### be considered practicable 

### ifthe incremental cost ofthe alternative is substantial and disproportionate to the incremental degree ofprotection provided by the alternative

over other lower cost alternatives.
"Practical quantitationlimit" or "PQL" means the lowest concentration that can be 

### reliably measured within specified limits of precision, accuracy, representativeness, completeness, and comparability during .routine laboratory operating conditions, using department approved methods.
"Public notice" means, at a minimum, adequate notice mailed to all persons who have made a timely request of the department and to persons' aesiding in the potentially affected vicinity of the wr>roposed action; mailed to appropriate news media; published in the newspaper oflargest.circulation in the city or county of the proposed action; and opportunity for interested persons to comment. "Public participation plan" means a plan prepared under WAC 173-340-600 to encourage coordinated and effective public involvement tailored to the public's needs at a particular site.
"Rad" means that quantity ofionizing radiation that results in the absorption of 1

### 00 ergs ofenergy per 

# gram ofirradiated material, regardless ofthe source ofradiation.
"Radionuclide" means a 

### type of atom which. spontaneously undergoes radioactive decay. Radionuclides are hazardous substances under the act. "Recovery by-products" means any hazardous substance, water, sludge or othermaterials collected in the free product removal process in response to

a release from an .underground storage tank. p "Reasonable maximum exposure" means the _ghest exposure that can be reasonably expected to

(12125/93) occur for a human or other living organisms at a site under current and potential future site use.

. "Reference dose" or "RID" means a benchmark dose, derived from the NOAEL or LOAEL for a hazardous substance by consistent application of

.uncertainty factors used to estimate acceptable daily intake doses and an additional. modifying factor,

. which 

### is based on professional judgment. when

considering all available data about a. substance, expressed in units ofmilligrams per kilogram body weight per day. This includes chronic reference doses, .subchronic reference doses, and developmental reference doses. "Regional office" means one ofthe regional offices ofthe department ofecology.
"Release" means any intentional or unintentional entry of any hazardous substance into the environment, including but not limited to the abandonment

or disposal ofcontainers ofhazardous substances.
"Relevant and appropriate requirements" means those cleanup standards, standards of control, and other human health and environmental requirements, criteria, orlimitations established under state

. and federal law that, while not legally applicable to

the hazardous substance, cleanup action, location,

or other circumstance at a site, the department determines address problems orsituations sufficient-

. Iy similar to those encountered at the site that their use is well suited to the particular site. The criteria specified in WAC 173-340-710(3) shall be used to determine ifa requirement is relevant and appropri-

. ate. "Rem" means the unit ofradiation dose equivalent that is the dosage in rads multiplied by a factor representing the different biological.-·effects of various types ofradiation. "Remedy" or "remedial action" means any action

or expenditure consistent with the purposes of chapter 70.1 05D RCW to identify, eliminate, or minimize any threat posed by hazardous substances to human health or the environment including. any investigative and monitoring activities with respect to .any release or threatened release of a hazardous substance and any health assessments or health effects' studies conducted in order to determine the risk or potential risk to human health.



### tcs, 173-340 WAC-p 15] ?'

.-;
.

....

### 173-340-200 Model·TODes 

### Centrel**Act~Cleanup** 

### "Restorationtimeframe" means the period oftime needed to achieve the required cleanup levels at the points ofcompliance established for the site.-,<;-: , "Risk'!.: .means the' probability that a' hazardous substance,

.

### when released into the environment, will

cause an adverse effect in exposed humans orother living organisms. '''Routinecleanup action" means a remedial

### actio~ that consists of a cleanup action meeting the requirements in WAC 173-34<)-130(7). "Safety and health plan" means a plan prepared under WAC 173-340-810. "Sample mean" means the arithmetic mean or the average ofa set ofmeasurements. The arithmetic mean is defmed as the sum of all 

### measurements divided by the number ofmeasurements. "Sampling and analysis plan" means a plan prepared under WAC 173-340-820. "Saturated zone" means the area below the water table in which all 

### interstices are filled .with water.
"Science advisory board" means the advisory board established by the department under RCW 70.105D.030(4). "Secondary maximum contaminant level" means the maximum concentration ofa secondary contaminant in water established by the United States Environmental Protection Agency undertheFederal Safe Drinking Water Act (42 U.S.C. 300f'et seq.) 

### and published in 40 C.F.R. 143 as presently promulgated or as subsequently amended or repromulgated. "Sensitiveenvironment" means an area of particular environmental value, where a release could pose

a greater threat than in other areas including:Wetlands; critical habitat for endangered or threatened species; national or state wildlife refuge; critical habitat, breeding orfeeding area for fish or shellfish; wild or scenic river; rookery; riparian area; big game winter range. "Site" means the same as facility. "Site characterization report" means a written report describing the site and, nature of a release from an underground storage tank, 

### as described in' WAC 173-340-450(4)(b).

lCh. 173-340 WAC-p 16] 

### "Site'check" means the investigation conducted pursuantto rules adopted under chapter 90.76 RCW , in order to 'confirm a release from an underground 

# 0 '

storage tank.

. , . 

### "Site hazard assessment" means a remedial

## actl~n that' consists of an investigation performed under WAC 173';340-320. "Site register" means the public information document described in WAC 173-34Q-:600.
"Soil" means a mixture of organic and inorganic solids, 

### air, water, and biota which exists on the earth's surface above bedrock, including materials ofanthropogenic sources such as slag, sludge, etc. "State remedial investigation/feasibility study" means a remedial action that consists of activities performed under WAC 173-340-350 to collect, develop, and evaluate sufficient information regard- ,ing a site to enable the selection of a cleanup plan under WAC 173-340-360.
"Status report" means a written or verbal report on the status of the interim actions taken in response to a release from an underground storage tank, 

### 'as . described in WAC 173-340-450 (4)(b). 

# 0

"Subchronic reference dose" means an estimate . (with an uncertainty of an order of magnitude or more) of a daily exposure .level for the human population, including sensitive subgroups, that is likely to be 

### without appreciable risk of adverse effects during a portion ofa lifetime. "Surface water" means lakes, rivers, ponds, . streams, inland waters, salt waters, and all 

### other

surface waters and water courses within the state of Washington or under the jurisdiction of the state.of Washington. "Technically possible" means capable of being designed, constructed and implemented in a reliable and effective manner, regardless of cost. "Total excess cancer risk" means the upper bound on the estimated excess cancer risk associated with exposure to multiple hazardous substances and

.multiple exposure pathways.**"To~1** 

### petroleumhydrocarbons" or "TPH" means

any fraction of crude oil that is contained in plant(') condensate, crankcase motor oil, gasoline, aviation J

(12125/93)Model Toxics Control Act-Cleanup 173-340-200

fuels, kerosene, diesel motor fuel; benzol, fuel oil, and other products derived from the refining of 

### A crude oil. For the purposes of this chapter, TPH

• will generally mean those fractions of the above products that are quantified by EPA Methods 8015

or 418.1 as appropriate or other test methods· approved by the department. "Type I error" means the error made when 

### it 

### is concluded that an area of a site is below cleanup levels when it actually exceeds cleanup levels. This is the rejection ofa true null hypothesis

.. "Underground storage tank" or "UST" means an underground**~orage** tank arid**connected·unde~** ground piping as defined in the rules adopted under chapter 90.76 RCW. "Underground storage tank operator" means any underground storage tankoperator as defmed in the rules adopted under chapter 90.76 RCW. "Underground storage tank owner" means any underground storage tankowner as defmed in the rules adopted under chapter 90.76 RCW. "Underground storage tank release" means a confirmed release from an underground storagetank

_ pursuant to ·the rules adopted under chapter 90.76 "RCW.

. "Unrestricted site use conditions" means restrictions on the use of the site or natural resources affected by releases of hazardous substances from the site are not required to ensure continued protection ofhuman health and the environment.

. "Upper bound on the estimated excess cancer

. risk of one 

### in one hundred thousand" means the

upper 95th percent confidence limit on the estimated risk ofone additional cancer above the background cancer rate per one hundred thousand individuals. "Upper bound on the estimated excess cancer risk of one 

### in one million" means the upper 95th percent confidence limit on the estimated risk of one additional cancer above the background cancer rate per one million individuals.
"Volatileorganic compound" means those carbonbased compounds listed in EPA methods 601, 602, 603, 624, 8010, '8015, 8020, 8030, 8240, 502.1, _502.2, 503.1, 524.1, 524.2, and those with similar .vapor pressures or boiling points.

(12/25/93)

. "Wastewater facility" means all structures and equipment required to collect, transport, treat, reclaim, or dispose of domestic, industrial, or combined domestic/industrial wastewaters. "Wetlands" means lands transitional·

### be~een terrestrial and aquatic systems where the watertable is usually at or near the surface or the land is covered by shallow water. Forthe purposes ofthis classification, wetlands must have one or more of the following attributes at 

### leastperiodically, the land supports predominantly hydrophytes; the substrate is predominately undrained hydric soil; and the substrate is nonsoil and saturated with water

or covered by shallow water at some time during the growing season each year.

- [Statutory Authority: Chapter 70.105D RCW. 91- 04-019, § 173-340-200, filed 1/28/91, effective 2/28/91; 90-08-086, § 173-340-200, filed 4/3/90, effective 5/4/90.]
NOTES:
Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy 

### filed by the agency:

lCh. 173-340 WAC-p 17] 1;-'

### 173-340-210 " Model Toxics Control Act-Cleanup

PART ill-SITE REPORTS AND CLEANUP DECISIONS

(1) Purpose. (2) Rclcuc report. (3) Excmptioos. (4) Report ofindependent actions. (5)

. DcpaJ1mcot rcaponsc. (6) Other obligatioos. WAC 

### 173-340-300 Site Discovery and 

### Reporting. .'.' /

Purpose. As part of a program to identify hazardous waste sites, this section sets forth the requirements for reporting a release ofa hazardous substance due to past activities, whether discovered before or after the effec-

. tive date ofthis regulation. It also sets forth .-

the requirements for reporting independent cleanup actions. The department may take any other actions it deems appropriate toidentify potential hazardous waste sites consistent with chapter 70.105D RCW. Release report. Any owner or operator who has information that a hazardous substance has been releasedto the environment at the

owner or operator's facility and may be a 

# 0

threat to human health or the environmentshall report such information to the department by June 1, 1990, or for discovery of releases after this date, within ninety days of discovery. Releases from underground storage tanks as described in the rules adopted

. under chapter 90.76 RCW must be reported within twenty-four hours ofrelease confmnation, in accordance with WAC 173-340-450. To the extent known, the report shall include: The identification and location ofthe.hazardous substance, circumstances of the release and the discovery, and any remedial actions, planned, completed, or underway. All other persons are encouraged to report such information to the department. Exemptions.

.The following releases are exempt from these notification requirements: (a) Application ofpesticides and fertilizers for their intended purposes and accord- 

# C') ing to label instructions; (3) (1)



### (2) WAC 173-340-210·· Usage.,;:,:'··**~'~,,':i** ;0" 

# Forthe'purposes ofthis chapter, the following'shall apply:

. 0.00:'0 0 0::': 0 0 o.

. . o· (1)

. Unless the context clearly requires otherwise the use ofthe singular shall include the plural

o and conversely. .

.. . (2) The terms "applicable," "appropriate," "rele-

/ vant,

.. '

."unless otherwise .directed by the department" and similar terms implying· discretion mean as determined by the department' with the burden of 'proof on other persons to demonstrate the requirements are
or are not 

### necessary. (3) "Approved" means for department conducted

orordered remedial actions, orforpotentially

o liable person conducted cleanups agreed to by

o the department in an agreed order or decree governing remedial actions at the site.

. (4) "Conduct" means to perform or undertake whether directly or through an agent or contractor, unless this chapter expressly provides otherwise. (5) "InClude" 

### means. included but not limited to. (6) "May" means the provision is optional and permissive, and does not impose a requirement. (7) "Shall" means the provision is mandatory. (8) "Threat" means threat or potential 

### threat. (9) "Under" means pursuant to, subject to, required by, established by, in accordance with, and similar expressions of legislative or administrative authorization or direction. [Statutory Authority: Chapter 70.105D RCW. 91-:- 04-019, §173-340-21O, 

### filed 1/28/91, effective 2/28/91; 90-08-086, §173-340-210, filed 4/3/90, effective 5/4/90.]

tcs, 173-340 WAC-p 18] (12125/93)

### Model Toxics Control Act-Cleanup 173-340-300

- (b) .

-Lawful and nonnegligent use ofhazardous substances by a natural person for personal or domestic purposes; (c) A release in accordance with a permit that authorizes the release; (d) 

# A-release

.previously reported to the department in fulfillment ofa reporting requirement in this chapterorin another law or regulation; (e) A release previously reported to the United States Environmental Protection Agency underCERCLA, Section 103(c) (42**9603(c)~;**

-(f) A release to the 

### air; (g) Releases discovered in public water systems regulated by the department of health; or (h) A release to a permitted wastewater facility.

- An exemption from these notification requirements does not imply a release from liability in future actions by the department. Report ofindependent actions. (a) Report. Any person who conducts an independent interim

-action or cleanup action shall submit a written report to the department within 

### ninety days ofthe

.completion ofthe action. For the purposes

-of this section, the department will consider an interim action or clean- 'up action'complete ifno remedial action other than compliance monitoring has occurred at the site for ninety days. This is not intended to preclude earlier reporting of such actions. See WAC 173-340-450foradditionalrequirements for reporting independent interim actions for releases from underground storage tanks. (b) Contents. The report shall include the information 

### in subsection (2) of this section if not already reported, and results ofall site investigations, cleanup actions and compliance monitoring . planned or underway. The department' may require additional reports on the work performed.

. . (c) Combined reports. If the, independent interim action or cleanup action is 'completed within ninety days ofdiscovery, .a single' written report may be submitted on both the release and the action taken. The reports shall contain the information specified in subsections (2) and (4) ofthis section and shall be submittedwithin ninety days ofcompletion of the interim action or cleanup

. action. (d) Notification. The department shall publish a notice of all reports on independent interim actions and cleanup actions received under this section in the site register. (5) Department response. Within ninety days of receipt of information under this section, the department shall respond in accordance with WAC 173-340-310. Receipt of information regarding an independent interim action or cleanup action under subsection (3) 'or (4) of this section shall not' obligate the department
to take any action beyond that prescribed in WAC 173-340-310 and subsection (4)(d) of this section. Neither submission of information on independent interim action and cleanup actions norany response by the department shall release the person submitting the report

or any other person from liability. The department reserves all rights'to pursue any subsequent action it deems appropriate. (6) Other obligations. Nothing in this section shall eliminate any obligations to comply with reporting requirements that may exist in 

# a permit or under other laws. [Statutory Authority: Chapter 70.105D RCW. 91- 04-019, §173-340-300, flied 1/28/91
, effective 2/28/91; 90-08-086, §173-340-3oo, flied 4/3/90, effective 5/4/90.]

(12/25/93) [Ch. 173-340 WAC-p 19]
,

### 173-340-310 Model Toxics Control Act-Cleanup

WAC 173-340-310'
, Initial Investigation.



### . (1) 

### Purpose. The purpose ofthe initial investigation is to determine whether or not a release

orthreatened release ofa hazardous substance may have occurred that warrants further action under this chapter. , (a) Applicability and timing. Whenever the department receives information and has a reasonable basis to believe that there may be a release or a threatened release of a hazardous substance that may pose a threat to human health orthe environment, the department 

# shall conduct an initial investigation within ninety days. (b) 

### Exemptions. The department shall notbe required to conduct an initial investigation when: (i) The circumstances associated with the release or threatened release are known to the department and have previously

# been or currently 

### are being evaluated by the department or other government agency; or (ii) 

### The release is permitted. (2) Contents. The initial investigation shallinclude at a minimum: A site visit and documentation of conditions observed.(3) Department deferral to others. The department may rely on another government agency or a contractor to the department to conduct an initial investigation on its 

### behalf, provided the department determines such agency or contractor is not suspected to have contributed to the release or threatened release of a hazardous substance and that no conflict of interest exists.(4) Department decision. Based on the information obtained about the site, the department shall within thirty days of completion of the ::. 

# o

o Early notice letter. (a) For sites requiring further remedial action under chapter 70.105D RCW, the department will notify the owner,' operator, and any potentially liable person known to the department of its decision. This letter may be combined withthe notice in WAC 173-340-500. (b) 

### The notification shall be a letter mailed. to the person which includes: (i) The basis for the department's decision; (ii) 

### Information on, the cleanup process provided for in this chapter; (iii) 

### A statement that it is the department's policy to work cooperatively with persons to accomplish prompt and effective cleanups; . initial investigation make one or more'of the

following decisions: ' (a) ',''A 

### site hazard assessment is required; 

# 0

(b) 

### Emergency'remedial action is required; (c) Interim action is required; or (d) The ,site requires no further action under this chapter at this time because either: ' (i) 

### There has been no release or threatened release ofa hazardous substance; or (ii) 

### A release or threatened release ofa hazardous substance has occurred, but in the department's judgment, does not pose a threatto human health or the environment; or (iii) 

### Action under another authority is appropriate. A decision for a particular follow-up actiondoes not preclude the department from requiring some other action in the future based on reevaluation.of

### the site or additional information. (5) . -", ....**~:-i .~~**  .. -. (1) ,Purpose. .r: ',' • (2) Caolcnll. (3)**~t** deferraJto

# .n.

(4) Dcpartmcllldccisioo. (5) Early notice letter.

lCh. 173-340WAC-p 20] (12/25/93)

### Model Toxics Control Act-Cleanup 173-340-320

':.i-:.:.,. ; 

# e"

'r'· ":,:,:. > .'",(1, .1. 

### (iv)·, A person or office of.the depart-.**./>:'J'.~'** 

### mentito contact.,regarding the .contents ofthe letter;.and**:~:** 

### (v) ..:A statement that the letter.is not

,a .determination' of liability and

that cooperating with the department in planning or conducting aremedial action is not an admission ofguilt or liability.

. Nothing. in this section shall preclude the department fromtaking or requiring appropriate remedial action at any time. [Statutory"Authority: Chapter 70.105D RCW. 90- 08-086, § 

### 173-340-3l0, fJ.1ed 4/3/90, effective 5/4/90.]

(12/25/93) 

### WAC 173-340-320. 

### Site Hazard Assessment.

(I) PurpOse. (2) Timing• (3)" Aclminiatrative optiooa.

. (4) Scope andconlcnL (5) Ouidance. I (6) Nolification. 

### (1) Purpose. The .purpose of the site hazard assessment is to provide sufficient sampling" data and other information to: (a) .Confirm or rule out that a release or threatened release of a hazardous substance has occurred; (b) 

### To identify the hazardous substance and provide some information regarding the extent and concentration of the substance; (c) Identify site characteristics that couldresult in the hazardous substance entering and' moving through the environment; (d) Evaluate the potential for the threat to human health and the environment; and (e) Determine the hazard rankingofthe site under WAC 173-340-330, if 

### appropriate. (2) Timing.' Unless otherwise directed by the .department, a site hazard assessment shall becompleted before proceeding to any subsequent phase of remedial action, other than an emergency or interim action. (3) Administrative options. The site hazard assessment may be conducted under any of the procedures described in WAC 173-340- 510. (4) Scope and content. A site hazard assessment is an early study to provide preliminary data regarding the relative potential hazard ofthe site. A site hazard assessment is not intended to be

## adetailed site characterization, howeverit shall include sufficient sampling, site observations, maps, and other information needed to meet the purposes specified in subsection (1) 

### of this section. To fulfill 

### this requirement, a site hazard assessment shall include, as appropriate, the following information:

leb. 173-340 WAC-p 21]173-340-310 Model Toxies Control Act-.;Cleanup'
(a) '. Identification of hazardous substances, including what' was released and is threatened

.to be released and!or, if known, what products of'. decomposition, recombination, or chemicalreac-



### . tion 

## are currently present on, site, and
, an estimate oftheir quantities and concentrations; .- (b) Evidence confmning a release orthreatened release ofhazardous substances to the environment; (c) .Description of facilities containing releases, if any, and their condition; (d) Identification,ofthe location ofall areas where a hazardous substance is known

or suspected to be, indicated on a site 

### map; (e) Consideration of surface water run-on and run-offand the hazardous substances leaching potential; (f)
, Preliminary characterization of the subsurface and ground water actually or potentially affected by the release, including vertical depth to ground water and distance to nearby wells, bodies of surface water, and drinking water intakes; (g) Preliminary evaluation of receptors, including: Human population, food crops, recreation areas, parks, sensitive environments, irrigated areas, and aquatic resources currently orpotentially affected by ground water, air, or surface water containing the release of

. hazardous substances at the site, including distances to these receptors; and (h) 

### Any other physical factors which may be significant in estimating the potential

or current exposure to sensitive biota. (5) Guidance. The department shall make available guidance for how to conduct a'site hazard assessment to meet the requirements of this section.

r ' (6) Notification. The department shall make available the results ofthe site hazard assess-

, lCb. 173-340 WAC-p 22] " .." ment to the site's owner and operator and any person who has received a potentially liable person status letter under WAC. 173-340-500 regarding the site. If the department fmds after a site hazard assessment' that' the**~ite** requires no further action, it shall publish this decision 

### in the site register. [Statutory Authority: Chapter 70.105D RCW. 90-' 08-086, §173-340-320, fIled 4/3/90, effective 5/4/90.]

(12125/93) 

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# --



# o

### Model Toxics Control Act-Cleanup**173~340-330** 

### WAC 173-340-330 Hazardous Sites List.

(I) Purpose. (2) HazardrankiDg. 

## a(3) Listing. 'r',

. .(4) Removing silcl from the list. ". (S) RcIiatiDg of sites. ',. (6) Notice. (1)

(2) Purpose. The department shall maintain a list ofsites where remedial action has been determined by the department to be necessary. This hazardous sites list shall fulfill the department's

. responsibilities' under RCW 70.105D.030 (2)(b) and (3). From this list, the department shall select those sites where action is anticipated and include those 

### in the

.biennial program

### report. (See WAC 173-340-

340.)
Hazard ranking. Sites placed on the list shall be given a hazard ranking. The purpose of hazard ranking is to estimate, based on the information compiled during the site hazard

. assessment, the relative potential risk posed

by the site to human health and the environment. This assessment considers 

### air, ground water, and surface water migration pathways, human and nonhuman exposure targets, properties of the substances present, and the interaction ofthese variables. (a) The department shall evaluate each site

on a consistent basis using the procedure described in the "Washington Ranking Method Scoring Manual," and all revisions and additions thereto. The ranking procedure and major amendments to the manual shall 

### be reviewed by the science advisory board established under chapter 70.1 05D RCW. Information obtained in the site hazard assessment, plus any additional data specified in the manual, shall 

### be included in the hazard ranking evaluation. (b) The department shall periodically provide notificationofthe results ofhazard ranking in the site register established under WAC 173-340-600. The department shall make available hazard ranking results for each site to the site

owner and operator and any potentially liable person known to the department prior to publishing 

### in the site register. (c) "The department may at its discretion rerank a site. 

### if, .prior to the initiation of . state action at the site, the department

.

receives additional information within the scope of the evaluation criteria which indicates that a significantchange 

### in rank may result. (3) Listing. (a) Sites shall 

### be placed on the hazardous sites list 

### if, after the completion of a site hazard assessment, the department has determined that further action is required at the site. The list shall 

### be updated at least once per year. Placement ofa site on the hazardous sites list does not, by itself, imply that persons associated with the site are liable under chapter 70.105D RCW. (b) The hazardous sites list shall also reflect the current status of remedial action at each site. The department may change

a site's status to reflect current conditions. The status for each site shall 

### be identified as one ofthe following: (i) Sites awaiting further remedial action; (ii) 'Sites with remedial action in progress; (iii) Sites where a cleanup action has been conducted but confirmational monitoring is underway; (iv) Sites with independent remedial actions; or (v) Other categories established by the department. (4) Removing sites from the list. (a)' The department may remove a site from the list only after it has determined that: (i) All remedial actions except confmnational monitoring have been completed and compliance with

(12125/93) [Cb. 173-340WAC-p 23]173-340-330 

### Model Toxics Control Act-Cleanup

.



# o '1;',<

.., ..... ) :.;. the cleanup .standards has been

., ,. achieved at the site; or

.**~-** (ii) The listing was erroneous. (b) .:

## A'site owner, operator, orpotentially liable person may request'that a site be removed from 

# the list by submitting a petition to the department. The petition .shall include thorough documentation of all investigations performed, all cleanup actions taken, and of adequate compliance monitoring to demonstrate to the department's satisfaction that one ofthe conditions in (a) of this subsection has been met. Thedepartment may require payment ofcosts incurred, including an advance deposit, for review and verification of the work performed. The department shall review such petitions; however, the tiining ofthe review shall 

### beat its discretion and as resources may allow. (c) The department will maintain a record of sites that have been removed from the list under (a)(i) of this subsection. This record will be made available to the public upon request. (5) Relisting of sites. The department may relist 

## a site which has previously been removed 

### if it determines that the site requires further remedial action. (6) Notice. The department shall provide public notice and an opportunity to comment 'when the department proposes to remove a site from the list. Additions to the list, changes in site status, and removal from the list shall 

### be published in the site register. [Statutory Authority: Chapter70. 105D RCW. 90- 08-086, §173-340-330, filed 4/3/90, effective 5/4/90.]

[Ch. 173-340WAC:-p 24] 

### WAC 173-340-340 

### Biennial Program Report; (1) Before November 1 of each even-numbered year, the department shall prepare a biennial' 

# 0**~:~** v.' program report for the legislature contaiIlu,g·· its plan for conducting remedial actions for the following two fiscal years. This report shall identify the projects and expenditures recommended for appropriation from both the state and local toxics control accounts. 'In

- determining which sites the department shall considerforplanned action, emphasis shallbe given to sites posing the highest risk to human health and the environment, as indicated by a .

- site's hazard ranking. The department may

also consider other factors in setting site priorities. After legislative action and anyrevisions, this report shall become the department's biennial program plan. (2) The department shall provide public notice and a hearing on the proposed plan. For' purposes ofthis subsection only, public notice shall consist. of mailings to all persons who have made a timely request and to appropriate news media, and publication in the state register. Notice shall also be provided in the site register. The public comment period on the proposed plan shall ron for at least thirty days from the date of the publication in thesite register. [Statutory Authority: Chapter 70.105D RCW. 90- 08-086, §173-340-340, filed 4/3/90, effective 5/4/90.]



# o

(12/25/93)

### Model Toxics Control Act-Cleanup 173-340-350

WAC 173-340-350 State Remedial Investiga-

, tion and Feasibility Study. 

# e (l ) Purpose. " -. (2) , Timing. (3) "Administrative optiOll.l. (4) 'Public participation. (5) Scope. (6) Conlcuts. (7) ExccptiOll.l to cOD!CllL (8) Report. (I)

(2)

(3)

(6) Purpose. The purpose of a state remedial 'investigation/feasibility study is to collect, develop, and evaluate sufficient information regarding a site to enable the selection of a cleanup action under WAC 173-340-360. Timing. Unless .otherwise directed by the department, a state remedial investigation/ feasibility study shall be completed before selecting a cleanup action under WAC 173- 340-360, except for an emergency or interim action.
Administrative options. A state remedial investigation/feasibility study may be conducted under any of the procedures described, in WAC 173-340-510.
Public participation will be accomplished in a

manner consistent with WAC 173-340-600. Scope. The scope ofa state remedial investigation/feasibility study will depend on the informational needs of the specific facility. This requires that the process remainflexible, with the scope ofthe state .remedial investigation/feasibility study varying from site to site
to avoid the collection of unnecessary information so that the cleanup can proceed in a timely manner. However, in all cases suffi-

, cient information must be collected, developed, and evaluated to enable the selection of

a cleanup action under WAC 173-340,.360. In addition, for facilities on the' federal national priorities list, the state remedial investigation/feasibility study shall comply with federal requirements.
Contents. A state remedial investigation/ feasibility study shall include the following information as appropriate: (a) General facility information. General information, including: Project title; name, address, and phone number of project coordinator; legal description 

### of the facility location; dimensions of the facility; present owner and operator; chronological listing ofpast owners and operators and operational history; and other pertinent information. (b) Site conditions map.. 

### An existing site conditions map .which illustrates relevant current site features such as: 

### Property boundaries; proposed facility boundaries; surface topography; surface and subsurface structures; utility lines; well locations; and other pertinent information. (c) Field investigations.

.Sufficient investi-
, gations to characterize the distribution, of hazardous substances present at the site, and threat to human health and the environment. Where applicable to the site, these investigations will need to address the following: (i) Surface water and sediments. Investigations of surface water and sediments to characterize significant hydrologic features ,such as: Surface drainage patterns and quantities, areas of erosion and sediment deposition, surface waters, floodplains, and actual or potential hazardous substance migration routes towards and within these features. Sufficient surface water and sediment sampling shall be performed to adequately characterize the areal and vertical distribution and concentrations of hazardous substances. Properties ofsurface and subsurface sediments which are likely to influence the type and rate of hazardous substance migration, or are likely to affect the ability to implement alternative cleanup actions shall be characterized.

(12/25/93) [Cb. 173-340 WAC-p 25]173-340:350

. 

### Model. Toxics Control Act-Cleanup

. !' 

### (ii)
, ..Soils.. Investigations to adequate-

.,,' ,·Iy charactenze.v.the.. 

### areal and ,vertical distribution and concentrations ·of 

### hazardous substances in the. soil due.to the facility. Properties ofsurface 

### and subsurface soils which are 

### likely to influence the type 

### and rate of 'hazardous substance migration, 

### or which are 

### likely to affect the ability to implement alternative cleanup actions shall be 

### charac- .terized. (iii) Geology'"and ground water 

### sys-. tern characteristics. Investigations of site geology and hydrogeology to adequately characterize 

### the areal 

### and vertical distribution and concentrations ofhazardous substimces in the ground water and those features which affect the fate and transport of these hazardous substances. This shall include, as' appropriate, the description, physical properties and distribution of bedrock and unconsolidated materials; ground water flow rate and gradient for affected and potentially affected ground waters; ground water divides; areas of ground water recharge and discharge; location ofpublic and private, production wells; and ground water quality data. (iv) Air. An 

### evaluation ofair 

### quality impacts, including sampling, where appropriate, and infonnation regarding local and regional climatological characteristics which are 

### likely to affect the hazardous substance migration such as: Seasonal patterns of rainfall; the magnitude and frequency of significant storm events; temperature extremes;

[Cb. 173-340 W AC-p 26] (d) 

### . prevailing .wind direction; and wind velocity. (v) Land use. Informationcharacter: izing 

### humanpopulations.exposed

or potentially exposed to the. hazardous substance released from the facility and.present and proposed land uses and zoningfor the site and 'potentially affected areas. 

### (vi) Natural resources and ecology. Information to determine .the impact or potential impact ofthe hazardous substailce from the facility on the natural resources 

### and ecology ofthe 

### area such 

### as: Sensitive environment, plant and animal SPecies, and other environmental receptors. (vii) Hazardous substance sources. A 

### description of and sufficient. sampling to defme the location, quantity, areal 

### and vertical extent, concentration within and sources of waste disposal 

### areas. Where relevant, information onthe physical and chemical characteristics, and the biological effects of hazardous substances shall be 

### provided.(viii) Regulatory classifications. Regulatory designations classifying .affected 

### air, 

### surface water. and ground water, if any. Risk assessment. A risk assessment characterizing the current and potential threats to human healtharidthe environment that may.be 

### posed by hazardous substances. This assessment may not be 

### required when the department determines that proposed cleanup standards

are 

### obvious and undisputed and allowan adequate margin of safety for protection of human health and the environment.

(12125/93) 

# 0 <'· •...



# o

o

### Model Toxics Control Act-Cleanup 173-340-350·

(7)

(8)

### .' (e) Cleanup action alternatives. 

### Anevalua-

.tion of alternative. cleanup actions that protect human health and the environ':' ment by eliminating, reducing,orother-

. wise controlling

....risks 'posed through each, exposure. pathway and migration route,' shall be required. The number and types ofalternatives to 

### beevaluated shall take into account the characteristics and complexity of the facility. A phased approach for evaluation ofalternatives may be required for certain facilities, including an 

### initial screening of alternatives to reduce the number of potential remedies for the final 

### detailed evaluation. The fmal 'evaluation of cleanup action alternatives that pass the initial screening shall be evaluated for compliance with the requirements in WAC 173-340-360. (t) 

### Work plans. A sampling and analysis plan, and a safety and health plan shall be 

### prepared as part of state remedial investigation/feasibility study activities.These plans shall conform to the requirements specified in this chapter. (g) Treatability studies. The department may require treatability studies as necessary to provide sufficient information to develop and evaluate cleanup action 'alternatives for a site. (h) Any information needed to fulfill the applicable requirements of the State Environmental Policy Act. (i) Other information as required by the department. In appropriate cases the department may allow departure from the requirements ofsubsection (6) ofthis section and will allow information to be incorporated by reference to avoid unnecessary duplication. Report. A 

### report shall be prepared at the completion. of the remedial ,investigation/

. feasibility study. Additionally, the department may require reports to be submitted following discrete elements of the remedial investigation/feasibility study. Reports prepared underthis section andunderan order or decree shall be submitted to the department for review and approval. [Statutory Authority: Chapter 70.105D RCW./ 91-' 04-019, §173-340-350, filed 1/28/91, effective 2/28/91; 90-08-086, §

### i 73-340-350, filed 4/3/90, effective 5/4/90.]

(12125/93) [Cb. 173-340 WAC-p 27)

### Model Toxics 

### Control**Act~Clealiup;'** 

### WAC**173~34o-360·** 

### :,', Selection ofCleanup'

!.

_.**~.,:!'t 1:.:~**  .. ;': 

### Actions.

(I)' Purpose, " "'.\.
. , -,.**~1'** (2) Threshold requirements. (3) Other requirements. (4) Cleanup teCbnoioglea. (5) PeI1DllDeDl sOlutiODll. (6) Restoratioo time

### r.:.me. (7) Ground water restoratioo. (8) Cootainmcnt actions. (9)**~tatiODll.** .(10) Draft cleanup action plan. (II) Public participatioo. (12) Final plan. (13) Federnl cleanup silts. (1) Purpose

.. (a) This section describes the requirements

,. for selecting cleanup actions. It specifies the criteria for approving cleanup actions, the order of preference for cleanup technologies, policies for permanent solutions, the application of· these criteria to particular situations, and the process for making these decisions. This section is intended to 

### be used .in' conjunction with the cleanup standards defined in WAC 173-340-700 through 173-340-760 and the administrative principles for the overall cleanup process (WAC 173-340-130). (b) Because cleanup. actions . will often involve the useof several cleanup technologies'or methods at-

## asingle site, the overall cleanup action shall meet the requirements ofthis section. (2) Threshold requirements.
All cleanup actions conducted under this chapter shall protect human health and the environment; shall comply with cleanup standards (see WAC 173-340-700 through 173-340-760); shall comply with applicable state and federal laws (see WAC 173-340- 710); and shall provide for compliance monitoring (see WAC 173-340-410). (3) Other requirements. In addition, the cleanup action conducted shall: (a) Use permanent solutions to the maximum extent practicable (see WAC 173- 340-360 (4), (5), (7), and (8»;

leb·. 173-340 WAC-p 281 (4) . .(b) Provide for a reasonable restoration time frame (see WAC 173-340-360(6»; and (c) Consider public concerns raised during public comment on the draft cleanup action plan (see WAC 173-340-360 (10) through 

### (13».

. Cleanup technologies

. (a) Cleanup of hazardous waste sites shall be conducted using technologies which minimize the amount ofuntreated hazardous substances remaining at a site. Toward that end, the following technologies for addressing specific hazardous substances or pathways shall beconsidered in order ofdescending preference: (i) Reuse or. recycling; (ii) Destruction or detoxification; (iii) Separation or volume reduction followed by reuse, recycling, destruction, or detoxification of the residual hazardous substance; (iv) Immobilization of hazardous substances; (v) On-site or off-site disposal at an engineered facility designed to . minimize the future release of hazardous substances and in accordance with applicable state and federal laws; (vi) Isolation or containment with attendant engineering controls; and (vii) Institutionalcontrolsand monitormg. (b) A combination of technologies from

more than one of the. categories under (a) of this subsection may be used at a specific site. For example, the source of the hazardous substance may be recovered and recycled or destroyed, while containment is used to stop the migration of hazardous substances that have reached the ground water.

(12/25/93) -:

.....



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### Model Toxics Control Act-Cleanup 173-340-360

(b) (5) .(c) ',-! Since cleanup actions will often involve

a combination oftechnologies, cleanup action' alternatives shall maximize the

use ofhigher preference technologies. (d) Ecology does not expect that one type oftechnology will be used for all sites. The adoption of the technology preferences in this subsection is designed to make it more difficultto select a cleanup action with a low preference without careful explanation ofwhy technologies above it have not been used. As noted in subsection (9) ofthis section, ecology expects thatlower options will be appropriate for some sites.
Permanent solutions. (a) When selecting a cleanup action, preference shall be given to permanent solutions to the maximum extent practicable.
A permanent solution is one in which cleanup standards can be met without further action being .required at the original site or any other site involved with the cleanup action, other than the approved disposal of any residue from preferred treatment technologies under subsection (4)(a)(i) through (iii) ofthis section." (c) In general, technologies which reuse, recycle, destroy, or detoxify hazardous substances will result in permanent solutions ifresidual hazardous substance concentrations are below cleanup levels established under WAC 173-340-700 through 173-340-760. Containment of hazardous substances and!orinstitutional controls alone are not permanent solutions. Other technologies, such as immobilization ofhazardous substances, may provide permanent solutions under

some conditions. (d) ,Ecology recognizes that permanent , solutions may not be practicable for all

sites. A determination that a cleanup
, action satisfies the requirement to use . permanent solutions to the maximum
extent practicable is based upon consideration of a number offactors. The following criteria shall be used to determine whether a cleanup action is'ri>ermanent to the maximum extent practicable": (i) Overall protectiveness of human health and the environment in-, eluding the degree to which existing risks are reduced, time required to reduce risk at the facility and attain cleanup standards, on-site and off-site risks resulting from implementing the alternative, the degree the cleanup action may perform to a higher level than specific standards in

.WAC 173-340-700 through 173- 340-760, and improvement ofthe overall environmental quality; (ii) Long-termeffectivenessincluding degree ofcertainty that the alternative will be successful, longterm reliability, magnitude of residual risk, and effectiveness of controls required to manage treatment residues or remaining wastes; (iii) Short-termeffectivenessincluding protection of human health and , the environment during construction and implementation of the alternative, and the degree ofrisk to human health and the environment priorto attainmentofcleanup standards; (iv)' Permanent reduction of toxicity, mobility and volume ofthe hazardous substance including adequacy of the alternative in destroying the hazardous substances, reduction or elimination of hazardous substance releases and.

sources of releases, degree of irreversibility of waste treatment :;.'

(12125/93) [Ch. 173-340 WAC-p 29]173-340-360 

### Model Toxics Control Act-Cleanup**.~.**



# o (iv) (iii) (ii) releases and migration ofhazardous substances in the environment; .: 

# 0 i: (ii) The cleanup action shall 

### provide for a net reduction in the amount of a 

### hazardous substance being released from the source area; (iii) The cleanup action shall not rely primarily on dilution and dispersion ofthe hazardous substance if active remedial measures 

### are technically possible;(iv) A cleanup action relying primarilyon institutional controls and monitoring shall not be used'

, where it is technically possible to

implement a cleanup action alternative that utilizes a higher preference cleanup technology for all

or a portion ofthe site; and(v) A cleanup action involving offsite transport and disposal of hazardous substances without treatment shall not be used if a 

# 0

treatment technology or method exists which will attain cleanup standards arid is practicable.
Restoration time frame. (a) The cleanup action selected shall pro-' vide for a reasonable restoration time frame. The factors to be consideredwhen establishing a reasonable restoration time frame shall include: (i) Potential risks posed by the site to human health and the environment; Practicability of achieving a shorter restoration time frame;
Current use ofthe site, surrounding areas, and associated resources that 

### are, or may be, affected by releases from the site; Potential future use of the site, surrounding areas, and associated 

### (6) " ,.process,f: and -the characteristics and quantity oftreatment residu-

'f .als generated; .' (v) ,Ability to be implemented includ- , ing consideration of whether the

alternative is technicallypossible, availability of necessary off-site facilities, services and 

### materials, administrative "and regulatory requirements, scheduling, size, complexity, monitoring require-

, ments, access for construction,

operations and monitoring, and integration with existing facility operations and other current or potential remedial actions; (vi) Cleanup costs.' A cleanup action shall not be considered practicable if the incremental cost ofthe cleanup action is substantial and disproportionate to the incremental degree 'of protection it would achieve over a lower preference cleanup action. When selecting from among two or more cleanup action alternatives which have an equivalent level of preference under subsection (4) of this section, preference may be given to the least cost alternative. In performing this evaluation, the top three preferences in subsection (4) of this section shall be consideredequivalentunless there 

## are overriding public concerns or technical uncertainties; (vii) The degree to which community

concerns are addressed. (e) To ensure a bias toward permanent solutions, cleanup actions conducted under this chapter including consideration of prior actions at the site shallcomply with the following requirements: - ,(i) The cleanup action shall prevent

or minimize present and future

[Cb. 173-340WAC-p 30] (12125/93)

### Model 'Texies Control Act-Cleanup 173-340-360

, .' resources that are, or may' be, affected by releases.from the site; (v) Availability of alternative water supplies; (vi)

. Likely effectiveness and reliability ofinstitutional controls; (vii) Ability to.' control and monitor migration ofhazardous 

### substances' from the site;' (viii) Toxicity of the hazardous substances at the site; and (ix) Naturai processes which reduce Concentrations of hazardoussubstances and have been documented to occur at the site or under similar site conditions. (b)

. A longer period of time may be used for the restoration time frame for a site to achieve cleanup levels at the point of compliance 

### ifhigherpreference cleanup technologies in accordance with subsections (4) and (5) of this 'section are selected instead of on-site or off-site disposal, isolation, or containment options. (c) When area background concentrations would result in recontamination of the site to levels which exceed cleanup .Ievels; that portion ofthe cleanup action which addresses cleanup below area background concentrations may be delayed until the off-site sources of hazardous substances are controlled. In these cases the remedial action shall beconsidered an interim action until cleanup levels are attained. (d) Where cleanup levels determined under method C in WAC 173-340-707 are below technically possible concentrations, concentrations that are technically possible to achieve shall be met within a reasonable time frame considering the factors in (a) of this subsection. In these cases the remedial action shall be

(12125/93) considered an interim action until cleanup levels are attained. (e) Extending the restoration time frame shall not be used as a substitute/for' active cleanup actions, when such ac-' tions are practicable. (7) Ground water restoration. (a) Ground water treatment to achieve the levels in WAC 173-340-720 throughout the ground water' at and beyond the point of compliance shall be required where such treatment is practicable or where such treatment is not practicable, but deemed by the department to be in the public interest. (b) When ground water treatment to achieve the-cleanup levels at or beyond the point ofcompliance within an existing ground water plume is not practicable the following measures shall be taken: (i) Treatment shall be used to reduce the levels to the maximum extent practicable; (ii) Ground water containment, including barriers or hydraulic control through ground' water pumping or both, shall be implemented to the maximum extent practicable to avoid lateral and vertical expansion of the ground water volume affected by the hazardous substance; (iii) Source control measures shall be implemented to prevent or minimize additional releases to the ground water; (iv) Adequate ground water monitoring to demonstrate control and containment of the hazardous substance shall be conducted; (v) The potentially liable person shall provide an alternative water supply or treatment for persons

lCb. 173-340WAC-p 31]173-340-360 

### Model Toxies Control Act-Cleanup

.. '; " : ,.. .'**··~:,:with.** water.

. supplies rendered unusable by the release; and (vi) .

-The practicability of achieving

- ground water cleanup. levels by treating the ground wateraffected by the release shall be reevaluated during the periodic' review under WAC 173-340-420. (c) Appropriate restrictionson the use of

_

ground water shall be placed under WAC 173-340-440 until cleanup levels established under WAC 173-340-720

are achieved. .(d) The integrity and continued operation of any treatment or containment system shall be assured in accordance with WAC 173-340-440. (8) Containment actions. (a) A cleanup action which relies primarily

on on-site disposal, isolation, or containment of hazardous substances shall not be conducted if it is practicable to reuse, destroy, or detoxify those substances in a manner that remaining concentrations are below cleanup levels established under WAC 173-340-700 through 173-340-760. (b) Long-term monitoring (WAC 173-340- 410) and institutional controls (WAC 173-340-440) shall be required ifon-site disposal, isolation, orcontainment

### isthe selected cleanup action for a site or a portion of a site. Such measures shall be required until residual hazardous substance concentrations no longer. exceed site cleanup levels established under WAC 173-340-700 through 173- 340-760. (c) Ifthe proposed cleanup action involves on-site containment, the draft cleanup action plan shall specify the types, levels, and amounts of hazardous substances remaining on-site and the measures that will be utilized to prevent

[Cb. 173-340WAC-p 32] migration and contact with those substances. (9) Expectations. Ecology has the following 

# C**~W** expectations for cleanup actions conducted underthis chapter. The department recognizes that there may be sites where these expectations are not.appropriate:

. (a) Ecologyexpects thattreatmenttechnologies will be used wherever practicable. Use oftreatmenttechnologies should be emphasized at sites containing liquid wastes, areas contaminated with high concentrations ofhazardous substances; highly mobile materials, and/ordiscrete

areas of hazardous substances which ::';.; lend themselves to treatment; (b) To minimize the need for long-term management ofcontaminated materials, ecology expects' that hazardous substances will be totally destroyed, detoxified, and/or removed to concentrations below cleanup levels throughout sites**~.** containing small volumes of hazardous substances; 

# C'

(c) Ecology recognizes the need to use engineering controls, such as containment, for sites or portions of sites that contain large volumes ofmaterials with relatively low levels of hazardous substances where treatment is impracticable; (d) Ecology expects institutional controls, such as water use restrictions and deed restrictions, will be used to supplement engineering controls in order to,prevent

. orlimit exposure to hazardous substances and protect the integrity ofthe cleanup action; (e) Ecology expects that cleanup actions will return useable ground waters to their beneficial uses wherever practicable, within a reasonable time frame. When restoration of ground water to.

.beneficial uses is not practicable, ecolo- 

# C)

gy expects to require measures to mini- " mize/prevent further migration,

(12/25/93)

### ModelToxies Control Ad-Cleanup' 173-340-360

(10) mimnuze ongoing releases, prevent exposure to, contaminated water, and other appropriate measures (see WAC 173:-340-360(7»; (f) In order to minimize the potential for migration of hazardous substances, ecology expects that active measures will 

### be taken to prevent precipitation and subsequentrunofffrom cominginto contact with contaminated soils and
waste materiais. When such measures


### are impracticable, such as during active cleanup, ecology expects that siterunoff will be contained and treated prior to release from the site; (g) Ecology expects that when hazardous substances remain on-site at concentrations which exceed cleanup levels, those hazardous substances will 

### beconsolidated to the maximum extent practicable ,where needed to minimize the potential for direct contact and migration of hazardous substances; (h) Ecology expects that,

.for facilities adjacentto a surface water body, active

measures will be taken to prevent/minimize releases to surface water via surface runoffand ground water discharges. Ecology expects that dilution will .
not be the sole method for demonstrating compliance with cleanup standards; and (i) Ecology expects that cleanup actions conducted under this chapter will not result in a significantly greater overall threat to human health and the environment than other alternatives.
Draft cleanup action plan. The department shill issue a draft cleanup action, plan for cleanup actions conducted by the department

or conducted by 

# apotentially liable person under an order or decree. :The level ofdetail in the draft cleanupaction plan shall be commensurate with the complexity ofthe site and proposed cleanup action. (a) The draft cleanup action plan shall include the following: (i) A general' description of the' proposedcleanup action including compliance monitoring;
r (ii) A briefsummary ofotheraltemative cleanup actions evaluated 'in the state remedial investigation! feasibility study or comparable documents; (iii) Site cleanup levels and points of compliance for each hazardous substance and for each media of
concern; (iv) The Schedule for implementation ofthe cleanup action plan including, 

### if known, restoration time frame; (v) Required institutional controls and site'use restrictions, 

### if any, for the proposed cleanup action;

. (vi) Justification for selecting a cleanup action that uses cleanup technologies that have a lowerpreference than higher representative cleanup technologies listed in subsection (4)(a) ofthis section; (vii) Applicable state and federal laws for the proposed cleanup action, when these are known at this step in the cleanup process (this does not' preclude subsequent identification of applicable state and federal laws);
, (viii) A preliminary determination by the department that the proposed cleanup action will comply with subsections (2) and (3) of this section; and (ix) Where the cleanup action involves on-sitecontainment, specification of the types, levels, and
amounts ofhazardous substances remaining on site and the measures that will be utilized to -<,.**.~**

(12125/93) [Cb. 173-340WAC-p 33J173-340-360 

### Model Toxies Control Act-Cleanup


# c**~.** :;. 

### prevent migration and" contact with those substances; (b) 

### For routirie actions the department may"

use an order or decree to fulfill 

### the " requirements of a cleanup action plan, provided that the information in (a) of this subsection is included therein. The scope ofdetail for the required information shall be 

### commensurate with the complexity of the site and proposed cleanup action. (11) Public participation. The department will provide public notice and opportunity for comment on the 

### draft cleanup plan as described in WAC 173-340-600. (12) Final plan. Upon completion of the public comment period the department, after review and consideration of the comments received, shall issue a fmal cleanup action plan and " publish its availability in the site register and by other appropriate methods. If 

### the department determines, following the implementation of the preferred alternative, that the "cleanup levels established in the cleanup action plan cannot be 

### achieved, the department shall issue public notice ofthis determination. 

### (13) Federal cleanup sites. A record of decision or order orconsent decree prepared under the Federal Cleanup Law that provides" for a cleanup action may be 

### used by the department to meet the requirements ofthis section provided:(a) The cleanup action meets the requirements in subsections (2) and (3) ofthis section; (b) 

### The state has concurred with the cleanup action; and (c) An 

### opportunity was provided for thepublic to comment on the cleanup action. [Statutory Authority: Chapter 70.105D RCW. 91- 04-019, § 

### 173-340-360, filed 

### 1/28/91, effective 2/28/91; 90-08-086, § 

### 173-340-360, filed 

### 4/3/90, effective 5/4/90.]

lCh. 173-340 WAC-p 34] 

### PART IV-SITE CLEANUP AND MONITORING

WAC l.73-340-400 

### Cleanup Actions.

(I) Puspose. (2) Administrative options. (3) Public participation. (4) Plana describing the clcanup action. (5) EMmptiona to plans. (6) Pcrmilll and approvals. (7) Construction. (8) Changes to the cleanup action plan. (9) Plan or report approval. (10) Waste management. 

### Unless otherwise directed by the department, " " cleanup actions shall comply with this section

except for emergencies or interim actions. (1) Purpose. The purpose of this section is to ensure that the cleanup action is designed, constructed, and operated in 

### a manner which is consistent with: (a) The cleanup action plan; (b) 

### Accepted engineering practices; and (c) The requirements of WAC 173-340-360 (1) and (2). (2) Administrative options. A cleanup action may be 

### conducted under any of the procedures described in WAC 173-340-510. (3) Public participation. During cleanup action implementation, public participation shall be 

### accomplished in a manner consistent with the requirements ofWAC 173-340-600. (4) Plans describing the cleanup action. Design, construction, and operation of the cleanup action shall be 

### consistent with the purposes of this section and shall consider relevant information provided by the state remedialinvestigation/feasibility study. For most cleanups, to ensure this is done it will be necessary to prepare the following engineering documents.The scope and level of detail in these documents may vary from site to site depending on the site specific conditions and nature and complexity of the proposed cleanup action. In some cases.it may be 

### appropriate to combine the information in these various documents into one report 

### to avoid unnecessary

(12125/93) 

# o

o

### Model Toxics Control Act-Cleanup


### duplication, Any document prepared in order to implement a cleanup may be used to satisfy these requirements provided they contain the required information. In addition, for facilities on the national priorities list the plans prepared for the cleanup action shall also . comply with federal requirements. (a) Engineering design report. The engineering design report. shall include

.sufficient information for the development and review of construction plans and specifications. It shall document engineering concepts and design criteria used for design of the cleanup action. The following information shall be included in the engineering design report, as appropriate: (i) Goals of the cleanup action including specific cleanup or performance requirements;

. (ii) General information on the facility including a summary of information in the state remedial investigation/feasibility study updated as necessary to reflect the current conditions; (iii) Identification of who will own, operate, and maintain the cleanup action during and following construction; (iv) Facility maps showing existing site conditions and proposed location ofthe cleanup action; (v) Characteristics, quantity, and location ofmaterials to be treated

or otherwise managed, including ground water containing hazardous substances; (vi) A schedule for final design and construction; (vii) A description and conceptual plan of the actions, treatment units, facilities, and processes required to implement the cleanup action including flow diagrams;

(12/25/93) (viii) Engineering justification for design and operation parameters, including: Design criteria, 

# assumptions and calculations for 

### all components of the cleanup. 'action; expected treatment, destruction, immobilization, or containment efficiencies and documentation on how that degree ofeffectiveness is determined; demonstration that thecleanup action will achieve compliance with cleanup requirements by citing pilot or treatability test data, results from similar operations,

or scientific evidence from the literature; (ix) Design features for control of hazardous materials spills and accidental discharge (for example, containment structures, leak detection devices, run-on and run-offcontrols); (x) Design features to assure longterm safety of workers and local residences (for example, hazardous substances monitoring devices, pressure valves, bypass sys-. terns, safety cutoffs); (xi) A discussion of methods for management or disposal of any treatment residual and other
waste materials containing hazardous substances generated as a result ofthe cleanup action; (xii) Facility specific characteristics which may affect design, construction, or operation of the selected cleanup action, including: Relationship ofthe proposed cleanup action to existing facility operations; probability of flooding, probability ofseismic activity, temperature extremes, local planning and development issues;

lCb. 173-340 WAC-p 35]173-340-400 

### Model Toxies Control Act-Cleanup

'soil characteristics and ground water system characteristics; (xiii) 

### A general description of construction testing which will be 

### used to demonstrate adequate quality control; , (xiv) A general description of compliance monitoring which will be 

### performed during and after construction to meet the requirements ofWAC 173-340-410; (xv) A general description of construction' procedures. proposed to assure that the safety and health requirements of WAC 173-340- 810 are met; (xvi) Any information not provided in the state remedial investigation! feasibility study needed to fulfill 

### the applicable requirements of the State Environmental Policy Act (chapter 43.21C RCW);(xvii) Any additional information needed to address the applicable state, federal and local requirements; and property access issues which need to be 

### resolved to implement the cleanup action; and (xviii), Other information. as required 'by the department. (b) 

### Construction plans and' specifications. Construction plans and specifications shall detail the cleanup actions to be

### performed. The plans and specifications shall be 

### prepared in conformance with currently accepted engineeringpractices and techniques and shall include -. the following' information as applicable: (i) A general description ofthe work to be 

### performed and a summary ofthe engineering design criteria from the engineering design report;

lCh. 173-340WAC-p 36] 

### (ii) - Generallocatiori map and existing facility conditions map;'

- ._ 

# 0 «' (iii) A copy' of ariy permits and ap-

.

_

### ~f provals; / .-,-: 

### (iv) Detailed plans and procedural material specifications necessary for construction ofthe cleanup' action; (v) Specific quality control tests to be 

### performed to document the construction, including specifications , for the testing or reference to, specific testing methods, frequency of testing, acceptable results, and other documentation meth- - ods; (vi) Startup procedures and criteria to demonstrate the cleanup action,is prepared for routine operation; (vii) -Additional information to address applicable

. state, federal, and**~'li'-** 

### local requirements; (viii) A compliance monitoring -plan () prepared under WAC 173-340- 410 describing monitoring to be 

### performed during construction, and a sampling and analysis plan meeting the requirements of WAC 173-340-820; (ix) 

### Provisions to assure safety and health requirementsofWAC 173- 340-810 are met; and (x) Other information as required by the department. ' (c) Operation and maintenance plan. An operation and maintenance plan whichpresents technical guidance and regulatory requirements to assure effectiveoperations under both normal and emergency conditions. The operation and maintenance plan shall include the following elements, as appropriate: (i) Name and phone number of the 

# 0 responsible individuals;

(12/25/93)

### Model Toxics Control Ad-Cleanup 173-340-400

(viii) .........

(12/25/93) (iii)

(iv)

(v)

(vi)

(vii)

(x)

(xi) ,.Process description and operating principles;
, .Design criteria and operating parameters and limits; '.,
General 

### .operating procedures,

, including startup, normal operations, operation at less than design loading, shutdown, 

## atld

emergency orcontingency procedures;
A discussion of the detailed operation ofindividual treatment units, 

### including a description of various controls, recommended operating parameters, safety features, and any other relevant information;
Procedures and sample forms for collection and management of operating and maintenance records; Spare part inventory, addresses ofsuppliers of spare parts, equipment warranties, and appropriate equipment catalogues;. Equipment maintenance schedules incorporating manufacturers recommendations; Contingency" procedures, for spills, releases, and personnel accidents; A compliance monitoring plan prepared under WAC 173-340- 

### 410 describing monitoring to be performed during operation and ' maintenance, and a sampling and analysis plan meeting the requirements ofWAC 173-340-820'

. 

### , Description of procedures which assure that the safety and health requirements of WAC 173-340- 8!0 are met, including specification of contaminant action levels and contingency plans, as' appropriate; (5)

(6)

(7) (xii) Procedures for the maintenance ofthe facility after completion of the cleanup' action, including provisions for removal of unneeded appurtenances, 'and,

## 'the
maintenance of covers, caps, containmentstructures, and monitoring devices; and (xiii) Other information as required by the department. '
In appropriate cases the department may authorize departure from the requirements of subsection (4) ofthis section, and may allow 'informationto be incorporated by reference to avoid unnecessary duplication.
Permits and approvals, 

### if required for construction or to otherwise implementthe cleanup action shall be identified and where possible, resolved prior to, or during, the design phase to avoid delays during construction and implementation ofthe cleanup action.
Construction. Construction shall be conducted in accordance with the construction plans and specifications, and other plans prepared under this section. (a) Department inspections. (i) The department may perform site inspections and construction oversight. The department may requirethat construction activities be halted at a site 

### if construction

or any supporting activities: Are
not consistent with approved plans; are not in compliance with environmental regulations or acceptedconstructionprocedures;

or endanger human health or the environment. (ii) The department may conduct a formal inspection of the site ,following construction and an

initial operational shake down period to ensure satisfactory completion of the construction. If such an inspection is

lCb. 173-340 WAC-p 37]**'~~** ..173-340-400 

### Model Toxics Control Act-Cleanup

, , .. " .'
., performed, the,construction docu-

, ".' .: r, 

### mentation report and engineer's, opinion specified in (b)(li) 

### ofthis subsection shall be

### availableprior to the inspection.

, (b) 

### 'Construction documentation. (i) ,All 

### aspects of construction shall be' 

### performed under the supervision 'of a professional engineerregistered in the state of Washington or a qualified technician under the direct supervision of a professional .engineer registered in the" state of

. Washington. During construction detailed records shall' be 

### kept of all aspects ,of the work performed including construction techniques and materials used, items in-,stalled, .and tests and measurements performed. (ii) As 

### built reports. At the completion of construction the engineer responsible for the supervision of construction shall prepare as builtdrawings and a report documenting all aspects of facility construction. The report shall also contain an opinion from the engineer, based on testing results and inspections, as to whether thecleanup action has been constructed in substantial compliance with the plans and specifications and related documents. (iii) In 

### appropriate cases the department may authorize departure from the requirements of thissubsection and may allow information to be 

### incorporated by reference to avoid unnecessary duplication. (c) Plan modifications. Changes in the design or construction of the cleanup action performed under an order or

[Cb.l73-340 WAC-p 38] 

### decree shall be

### approved by the department. (8) If 

### the. department determines that any plans prepared under this section represent a 

### substantial change from the cleanup action 

### plan, the department shall provide public notice and opportunity for comment under WAC 

### ,173- 340-600.

. (9) 

### Plans or reports prepared under this section and under an order or decree shall be 

### submitted to the department

### for review and approval. (10) Waste management. Any wastecontaminated by a**h~ous** 

### substance generated duringcleanup activities and requiring off-site treatment, storage or disposal, shall be

### transported to a facility permitted or approved to handle . these wastes.

. [Statutory Authority: Chapter 

### 70.105D RCW. 90-



### 08-086,**§173-340-400~** 

### fIled 

### 4/3/90, effective 

### 5/4/90.]

(12/25/93) 

# Ob:**:'~~~** r- :.;;::-.::.



# o

o

### Model Toxics Control Act-Cleanup 173-340-410



### WAC 173-340-410

_ Purpose. ",
\:l) Ococral requirements. (3)

. Compliancemonitoring plans. (I)

# ~2)

(3) 

### :Compliance Monitoririg

,Requirements. '

Purpose.' The purposes ofcompliance monitoring and evaluation ofthe data 

### are to: (a) Protection monitoring. Confirm that human health and the environment

# are adequatelyprotectedduring

### construction and the operation and maintenance

. period of an interim action or cleanup

action as described in the safety and health plan; .,' (b) .Performance monitoring. Confirm that the interim action or cleanup action has attained cleanup standards and, 

### ifappropriate, other performance standards; (c) Confirmational monitoring. Confirm the long-term effectiveness ofthe interim action or cleanup action once cleanup standards and, if appropriate, other performance standards have been attained.
General requirements. Compliance monitoringshall be required for all cleanup actions, and may be required for interim and emergency actions, performed under this chapter. Compliance monitoring plans. A compliance monitoring plan shall be prepared, for

.. all. , , cleanup actions and may be required for interim and emergency actions unless otherwise directed by the department. Plans prepared underthis section and under an order or decree shall be submitted to the department for review and approval. Protection monitoring may be addressed in the safety and health plan. Performance and confmnational monitoring may be addressed in separate plans and may be combined with other plans or submittals, such as those in WAC 173-340-400 and 173-340-820. Compliance monitoring plans shall be specific for the media being tested and shall contain the following elements: (a) A, sampling and analysis plan meeting the requirements ofWAC 173-340-820 which shall,explain in the statement of objectives how the purposes of WAC 173-340-410(2) are met; / (b)

. Data analysis and evaluation procedures 

### used, to demonstrate and 

### confirmcompliance andjustificationfor theseprocedures, including: (i) A description of any statistical' method to be employed; or (ii) 

### If sufficient data is not available prior to writing the 

### plan to propose a reliable statistical method
to demonstrate and confirm compliance, a contingency plan proposing one or more reliable statistical methods to demonstrate and confirm compliance, and'the conditions under which the methods would be used at the facility; and (c) Other information as required by the department. [Statutory Authority: Chapter 70.105D RCW. 90- 08-086, §173-340-410, filed 4/3/90, effective 5/4/90.]

(12/25/93) lCh. 173-340 WAC-p 39]173-340-420 

### Model Toxics Control Act-Cleanup

WAC 173-340-420,':',. 

### Periodic Review.

(I)" RcQUiranenll.' (2) FactoR. (3) Notice. (4) Revised clcanup,actioo plan. ': 

### (1) If

### the department selects or approves a cleanup action that results in hazardous substances " , remaining at a site at concentrations which

exceed method A or method B cleanup levels ,established under WAC 173-340-700

### through

173-340-760 

### or if 

### conditional points ofcompliance have

# been established, the department shall review the" cleanup action no less fre- .quently than every five years after the initiation of such cleanup action to assure that human health and the environment are being protected. (2) When evaluating whether human health and the environment are' being, protected, the factors the department shall consider shall include: (a) The effectiveness of ongoing or completed cleanup actions; (b) 

### New scientific information for individual hazardous substances or mixtures present at the site; (c) New applicable state and federal laws for hazardous, substances present at the

, site; 

### (d) Current and projected site uses; (e) The availability and practicability of higher preference technologies as defmed in WAC 173-340-360(4); 

### and (f) 

### The availability of improved analytical techniques to evaluate compliance with cleanup levels. (3) The department shall publish a notice of allperiodic reviews in the site register and provide an opportunity for public comment.(4) When the department determines that substantial changes in the cleanup actiori are necessary 

### to protect human health and the environment at the site, a revised cleanup action plan shall" be prepared. The department shall provide opportunities for public review and

lCh. 173-340 WAC-p 40] 

### comment on the draft 

### cleanup action plan consistent with the requirements in WAC 173- 340-360 and 173-340-600. 

### [Statutory Authority: Chapter 70.105D 

### RCW. 9l- ' 04-019, § 

### 173:-340-420, filed 

### 1/28/91, 

### effective 2/28/91; 90-08-086, § 

### 173,;.340-420, filed 

### 4/3/90, 

### effective 5/4/90.]

(12/25/93) 

# .:

/

### Model Toxics Control Ad-Cleanup 173-340-430

Timing.' (a) Interim actions may occur anytime during the cleanup process. Interim actions shall not be used to delay or supplant the cleanup process. An 

### inter

### im action may be 

### done prior to or inconjunction with a site hazard assessment and hazard ranking. However, sufficient technical information must be available regarding the facility to ensure the interim action is appropriate and warranted. (b) 

### Interim actions shall be 

### followed byadditional remedial actions unless compliance with cleanup standards has been confmned at the site. (c) The department shall set appropriatedeadlines commensurate with the actions taken for completion of the interim action. Administrative options. Except as provided in WAC 173-340-530, interim cleanup actions may be 

### conducted under any of the procedures described in WAC 173-340-510. 

### WAC 173-340-430 Interim ActionS.
, J.
(1) Purpose.

..'. .'...

. •

_ . Ococralrequimnenti:

.

_ Timing. (4) Aduiinmrativc options. (S) Publicparticipatioo. (6) SUbmiuaJ rcqWrcments. (7) ConstnICtioo. (I) 

### Purpose. The purpose of this section is to describe how certain interim actions canoccur prior to the. selection and completion of a cleanup action. An 

### interim action is: (a) An 

### action that is technically necessary to reduce a threat to human health orthe environment by eliminating or substantially reducing one or more pathways for exposure to a hazardous substance at a facility; or (b) An 

### action that corrects a problem that may become substantially worse orcost substantially more to address if 

### the action is delayed; or (c) An 

### action needed to provide for completion of a site hazard assessment, state remedial investigation/feasibility study 

# e or design of a cleanup action. Example. A site is identified where oil-based wood preservative has leaked from a tank 

### and is puddled on the ground and is floating on the water table. Run-off from adjacent properties passes through the site. Neighborhood children have been seen on the site. In this case, several interim actions would be 

### appropriate prior to fully defining the extent ofthe distribution ofhazardous substances at the site and .selecting a cleanup action. These interim actions might consistofremoving the tank, 

### fencing the site,.rerouting run-off, and removing the product puddled on the ground and floating on the water table. Furtherstudies would then determine what additional soil and ground water cleanup would be 

### needed. (2) General requirements. (a) Interim actions may: (i) Achieve cleanup standards for a**~ortion** 

### of the site; or (ii) 

### Provide a partial cleanup, that is, 

# e cleanup hazardous substances '0"':

(3)

(4) (b) 

### from all or part of the site, but not achieve cleanup standards; or (iii) 

### Provide a partial cleanup of hazardous substances and not achieve cleanup standards,'but provide information on how to achieve cleanup standards for a cleanup. For example, demonstration of an unproven cleanup method. Relationship to the cleanup action: (i) If 

### the cleanup action is known, the interim action shallbe 

### consistent with the cleanup action. (ii) If 

### the cleanup action is not known, the interim action shallnot foreclose reasonable alternatives for the cleanup action. This is not meant to preclude the destruction or removal ofhazardous substances.

### ~i~ 1,-.'-' ':-"';'. ;::...

:

(12/25/93) [Cb. 173-340WAC-p 41]173-340-430' 

### ModelToxics 'Control'Act-Cleanup
, (5) , Public participation will be accomplished in

# a

. manner consistent with WAC 173-340-600. 

### (6) Submittal requirements. Unless otherwise directed. by the department and except for underground storage 

### tank releases' being .addressed under WAC 173-340-450 

### and

emergencies, a report 

### shall be prepared prior to conducting an interim action. . Reports prepared under an order or decree shall 

### be submitted to the department for review and approval.. ' Reports shall be of a scope and detail commensuratewith the work performed and site-specific characteristics, and shall include, as appropriate: (a). A description ofthe interim action and how it will meet the criteria identified in subsections (1) and (2) of this sec-

. tion; (b) 

### Information from the applicable subsections of the remedial investigation/feasibility study of WAC 173-340-350, 

### including at a minimum; (i) 

### A description of existing site conditions and a summary of all

### available data related to the inter

### im action; (ii) 

### Alternative interim actions considered and an explanation why the proposed alternative was selected;(c), Information from the applicable subsections

.of the design and construction requirements ofWAC 173-340-400; 

### (d) A compliance monitoring plan meeting the applicable requirements of WAC 173-340-410; 

### (e) A safety and health plan meeting the requirements ofWAC 173-340-810; 

### and (f) 

### A sampling and analysis plan meeting the requirements ofWAC 173-340-820. (7) 

### Construction. Construction of the interim action shall'be in conformance with WAC 173-340-400(7).



### res, 173-340WAC-p 42] 

### [Statutory Authority: Chapter 70.1 05D 

### RCW. 91-:_

. 04-019, §173-340-430, 

### med 1/28/91
, 

### effective

# ;~::~~~~~~~86, §173-340-430, filed 

### 4/3/90,

# qt?~;::

,



# o

o

(12/25/93)

### Model Toxirs Control Ad-Cleanup 173-340-440

WAC**173-3~440** 

### Institutional Centrols,
,.

(3)



### (4) (I)

### &~ 

# ->

(5) (6) 

### m (1)

(2) Purpose.

. ... '
Usc. Institutional controls. FormaL Rcatrictive CODveuanL FinancialaJlsurances. Removal or rcatricti0D.8. 

### Purpose. Institutional controls are measures undertaken to limit 

### or prohibit activities that may interfere with the' integrity ofan interim action or cleanup action or result in exposureto hazardous substances at a site. Such measures shall be 

### required to assure both the continued protection ofhuman health and the environment and the integrity of an interim action or cleanup action in the following circumstances: (a) Where a cleanup action results in residual concentrations of hazardous substances which exceed method A or method B cleanup levels, as applicable, established under WAC 173-340-700 through 173-340-760; or (b) If

### conditional points ofcompliance have .been established; or (c) When the department determines such controls are required to assure the continued protection of human health and the environment or the integrity of the cleanup action. Institutional controls shall not be 

### used as a substitute for cleanup actions that would otherwise be

### technically possible.
Institutionalcontrols include: (a) Physical measures, such as fences andsigns, to limit activities that may interfere with the cleanup action or result in exposure to hazardous substances atthe site; and (b) 

### Legal and administrative mechanisms used to ensure that such measures are maintained over.time.
Format.

. " 

### (a) Forproperties owned by the potentially liable parties, appropriate institutional (5) 

### '

.. controls shall be 

### described in a restrictive covenant on the property executed by the property owner and recorded**~:** 

### with the register ofdeeds for the county

.. 

### in which the site is located; 

### This/restrictive covenant shall run with the land, and be 

### binding on the owner's successors and assigns. (b) For other properties containing 

### hazardous substances, the department may approve cleanup actions which include restrictive covenants or other legal and/or administrative mechanisms.
Where required, the restrictive covenant shall: (a) Prohibit activities on the site that may interfere with a cleanup action, operation and maintenance, monitoring, or other measures necessary to assure the integrity. of the cleanup action and continued protection of human health and the environment; (b) 

### Prohibit activities that may result in the release ofa hazardous substance which was contained as a part ofthe cleanup action; (c) Require notice to the department ofthe owner's intent to convey any interest in the site. No conveyance oftitle, easement, lease, or other interest in the property shall be 

### consummated by the property owner without adequate and complete provision for the continued operation, maintenance and monitoring ofthe cleanup action,· and for continued compliance with this subsection; (d) Require notice and approval by the department of any proposal to use the site in a manner which is inconsistent with the restrictive covenant. If 

### the department, after public notice and comment approves the proposed change, the restrictive covenant shall be

### amended to reflect the change. (e) Grant the department and its designated representatives the right to enter the

(12125/93) leb. 173-340 WAC-p 43] .

### 173-340-440 Model Toxics ControlAct-Cleanup

...v> property',·at·reasonable,times,for the purpose :

.....**~;** ,.!of

..evaluatingcompliance. with the cleanup'

...,.f

... action.cplan.c.and

. other

.required plans,

.,;

.. :. including the

..right-to take samples, inspect any remedial actions taken at the site, and to inspect records.' :

.

_.... (6) Financial assurances

.. The department. may require the potentially liablepersonto provide fmancial assurances,' through a trust fund or equivalent fmancial mechanism approved by the-department, sufficient to cover all costs of operation and maintenance including compliance monitoring and undertaking appropriate corrective measures;" It is the department's expectation that such assurances will 

### be required wherever the cleanup action includes containment and in other appropriate circum- .stances. (7) Removal of restrictions. ITthe residual hazardous substances remaining at the site are subsequently reduced in concentration such that the method A or method B cleanup levels, as applicable, established under WAC 173-340-700 through 173-340-760 are met without a conditional point of compliance, then the ownermay request that the restrictive covenant or other restrictions 

### be eliminated. The restrictive covenant or other restrictions shall 

### be removed, if the department, after public notice and opportunity for comment,

concurs. [Statutory Authority: Chapter70.105D RCW. 91- 04-019, §173-340-440, fIled 1/28/91, effective 2/28/91.]

lCh. 173-340 WAC-p 44] 

### WAC 173-340-450 Releases From Underground Storage Tanks.

(1) Purpose• .(2) Initial reap<lOIC• (3) Interimaclioos. (4) Reporting requirancnts. (5) State remedial investigatiOnIDd feasibility 1lUdy. (6) Engineering doc:umcnts. . (1) Cleanup atandards.

(8) Indeprildcnt cleanup actiOOI. (I)' Purpose. The purpose ofthis section is to set forth the requirements for addressing releases which may pose a threat to human health or the environment from USTs defmed under chapter 90.76 RCW and rules adopted therein, including heating oil USTs ofgreaterthan '1,100 gallons capacity. (a) Releases from USTs exempted under chapter 90.76 RCW 'and rules adopted therein are still subject to all other requirements ofthis chapter. (b) Unless the department requires otherwise, UST owners and UST operators

. shall comply with the requirements in

this section after confirmation of an UST release which may pose a threat to human health or the environment. (2) Initial response. Within twenty-fourhours of the UST release, the UST owner or the UST operator shall perform the following actions:

. (a) Report the UST release to the department and otherauthorities withjurisdiction, in accordance with rules adopted under chapter 90.76 RCW' and any other applicable law; (b) Remove as much of the hazardous substance from the UST as is possible and necessary to 'prevent further release to the environment; (c) Eliminate or reduce any 

### fire, explosion

or vapor hazards in such a way as to minimize any release of hazardous substances to surface water and ground water; and (d) Visually inspect any aboveground releases or exposed belowground releases and prevent the hazardous substance

(12/25/93) 

# C)



# o

o

### Model,Toxics**,ControlAct~Cleanup** 

### 173-340-450



# • i; ,[",

### from" spreading into surrounding soils,

,. ':";.:,;;'. ground water and surface water. ' Interim actions'. -i: j
;' I. -, ;':

. . 

### AS,'

# soon' as 

### possible but no later than ',twenty days" following 

### conflrmation of .' 'an 'UST release, the UST owner or theUST operator shall perform the following 

### interim actions: (i) 

### Continue to 

### monitor and mitigate any additional fire and safety hazards posed by vapors or free product which may have migrated from the UST into 

### structures in the vicinity of the site, such as sewers or basements; (ii) 

### Reduce the threat to human health and the environment posed by contaminated soils that are excavated or discovered as a result of investigation or cleanup activities. Treatment, storage and disposal of soils must be carried out in compliance with all applicable federal, state and local requirements; (iii) 

### Test for hazardous substances in the environment where they are most likely to be 

### present. Such testing shall be 

### done in accordance with a sampling and analysis plan prepared under WAC 173-340-820. The sample types,sample locations, and measurement methods shall be based onthe nature of the stored substance, type of subsurface soils, depth to ground water and other factors as appropriate for identifying the presence and source of the release. If

### contaminated soil

IS 

### found in contact with theground water or soil contamination appears to extend below the lowest soil sampling depth, thentesting shall include the installation of ground water monitoring

(12/25/93) (b) 

### wells to test for the presence of possibleground water contamina- 'tion. Information gathered for the site check or closure site assessment conductedpursuant/to rules adopted under chapter 90.76 RCW, which sufficiently characterizes the, releases at' the site, may be 

### substituted for the testing required under this paragraph; (iv) The testing performed under (a)(iii) 

### of this subsection shallinclude, at a minimum, the following:(A) Benzene, toluene, ethylbenzene, xylene, lead, and total petroleum hydrocarbons where leaded gasoline may be 

### present; (B) 

### Benzene, toluene, ethylbenzene, xylene and total petroleum hydrocarbons where unleaded gasoline may be 

### present;(C) Total petroleum hydrocarbons and other appropriate indicator hazardous substances where any petr0- 

### leum product other than gasoline may be 

### present; (D) 

### The hazardous substancestored and any likely decomposition by-products where a hazardous sub-

,stance other than petroleum

may be

### present; and (E) 

### Any other tests required by the department; and (v) Investigate for the presence of free product.
Free product removal. .At sites where investigations indicate free product is present, the UST owner or the UST operator shall conduct, as soon as

[Cb. 173-340WAC-p 45]173-340-450

. Model.Toxics Control Act-.;.Cleanup,"

....
,. ;.. :

(vi) . operator shall submit a report to the

.., department about the site and nature of the release. This report shall 

### be sub-.

### C::+~: mitted to the department in writing and 

# :>

.. may 

### be combined with the twenty-dily':-:

status report, ifthe 

### informationrequired is available at that time. The site characterization report shall include, at a minimum, the followinginfonnation: (i) The 

### information required for the
status report under (a) of this subsection; (ii)

. A site conditions map indicating approximate boundaries of the property, all areas where hazardous substances 

### are known or suspected to 

### be located, and sampling locations. This map may consist of a sketch of thesite at a scale sufficient to illustrate this 

### information: (iii) Available data regarding surroundingpopulations, surface and ground water quality, use and 

# 0
approximate location of wells potentially affected by the release, subsurface soil conditions, depth to ground water, direction of ground water flow, proximity to and potential for affecting surface water, locations ofsewers and other potential conduits for vapor or free product migration, surrounding land use, and proximity to sensitive environments; (iv) Results of tests for hazardous substances performed under subsection (3)(a)(iii) and (iv) of this section; (v) Results of the free product investigation required under subsection (3)(a)(v) of this section;
Results of all completed site irivestigations, interim actions 

# 0

and cleanup actions and a • • "" •.o possible; after discovery, an interim

, ,;. "**I~.** action to remove the free product while continuing.. as necessary, any other actions required "under this section. To accomplish this the UST owner orUST operator shall: (i) Conduct free product removal to the maximum extent practicable and in

# amanner which minimizes the spread ofhazardous substances, by using recovery and disposal techniques appropriate to the hydrogeologic conditions at the site. The objective offree product removal system must 

### be, at a minimum, to stop the free product migration; (ii) Properly treat, discharge, or dispose of recovery by-products in compliance with all applicable local, state, and federal regulations and permits; and (iii) Handle all flammable products safely to prevent 

### fires and explosions. (4) Reporting requirements. The following reports are required to 

### be submitted to the department: (a) Status report. Within twenty days after

an UST release, the UST owneror UST operator shall submit a status report to the department. The status report shall identify if known, the types, amounts, and locations of hazardous substances released, how the release occurred, evidenceconfirming the release, actions taken under subsections (2) and (3) of this section, any planned remedial actions, and any results of work done up to the time of the report. This report may 

### be provided verbally to the department. (b) Site characterization reports. Within ninety days after release confrrmation, unless directed to do otherwise by the department, the UST owner or UST



### res. 173-340 WAC-p 46] (12125/93)Model Toxics Control Act':"'Cleanup 173-340-450

.



# •

(5) " ; :." description;

..C?f!: 

### any**.~** remaining'

: investigations,cleariup actions

'and compliancemonitoringwhich

are planned or underway;

.and (vii) Information on the free product removal efforts at sites where investigations indicate free product is present. This shall 

### include, at a minimum, the

### foll~w- .

. ing information:

.

(A) Name ofthe person responsible for implementing the**f~** product removal mea

### sures; (B) The estimated quantity, type, and thickness of.free product observed or measured in wells, boreholes and excavations; (C) The' type of free product recovery system used; (D) The location of anyon-site

or off-site discharge during the recovery operation; (E) The type of treatment applied to, and the effluent quality expected from, any discharge; (F) . The steps taken and planned
to obtain necessary permits for any discharge; (G) Disposition of recovered free product; and (viii) Any other information' required by the department.
State remedial investigation and feasibility study.

. (a) The scope ofa state remedial investigation and feasibility study under this chapterwill depend on the informational needs at a specific site and will vary from site to site to avoid the collection of unnecessary information. For sites with UST releases, a state remedial . investigation and feasibility study must' at a minimum address the elements in WAC 173-340-350 (6)(a), (b),' (c)(ii), (c)(iii), (c)(v) through (c)(vii) and (e). The department may require additional information when needed to select a cleanup action. USTowners and operators shall'conduct a state remedial investigation and feasibility study for sites where the following conditions exist: (i) There is evidence that the release has caused hazardous substances
to be present in the ground water in excess of the ground water standards promulgated under chapter 90.48 RCW or cleanup levels in WAC 173-340-720 (Table 1); (ii) Free product is found; or (iii) Where otherwise required by the department. (b) UST owners and UST operators shall submit the information collected for the
state remedial investigation/feasibility study to the department as soon as practicable. The information may 

### be included with other reports submitted under this section. (6) If the department determines, based on the results ofthe remedial investigation/feasibility study or other information, that additional remedial action is required, the department may require the UST owner or the UST operator to submit engineering documents as described in WAC 173-340-400.· (7) Unless directed to do otherwise by the department, cleanup actions performed by. UST

owners or UST operators shall comply with cleanup standards, WAC 173-340-700through 173-340-750 and the requirements for the selection of cleanup actions, WAC 173-340- 360. (8) Independent cleanup actions; In addition to work performedundersubsections (2) through (5), and (7) ofthis section, UST owners or

(12/25/93) [Cb. 173-340 WAC-p 47]173.,340-450 

### Model Toxics Control Ad-Cleanup'

. 'J**':"r!~** liSToperators performing independentclean-

.•j -; 'up actions shall: :::',:: .:.... ." '.> . (a) .

### NotU;·th~" department

### or"th~ir intention' . to begin cleanup. This 

### Can be included

"0 with otherreports under this section;

. (b) Comply with any conditions imposed by the department to assure adequate protection of human health and the environment; and. (c)· Within ninety days ofcompletion 

### ofthe cleanup action, submit the results ofall . investigations, interim and cleanup actions and compliance monitoring not previously submittedto the department. Statutory Authority: Chapter 70.105D RCW. 91- 04-019, § 

### 173-340450, filed 1/28/91, effective 2/28/91.]

[Cb. 1**~340** WAC-p 48] 

### PART V-ADMINISTRATIVE PROCEDURES FOR REMEDIAL" ACTIONS

WAC 173-340-500 

### Determination 'ofStatus,'
as. 

### a Potentially Liable Person.

(1) Stalus Icttcr. (2) ConIcnlB oflctttr. (3) . 0pp0r1unity to commcnL (4) Determination of stalUs. (5) VoluDl.uywaiver. . (6) Additional potentially liable pcraona. (1) Status letter. The department shall issue a potentially liable person status letter to any person it believes to be potentially liable as provided for in RCW 70.105D.020(8), unless

an emergency'requires otherwise. Persons will be notified when the department has credible evidence of their potential liability under RCW 70.105D.04O and when the

. department is ready to proceed with remedial

action except for emergencies and initial investigations. The status letter shall be sent by certified mail, return receipt requested, or by personal service. (2) Contents of letter. The status letter shall provide: (a) . The name ofthe person the department believes to be potentially liable; (b)' A general description ofthe location of the facility; (c) The basis for the department's belief' that the person has a relationship to the facility; (d) The basis for the department's belief that a release or threatened release ofa . hazardous substance has occurred at the facility and that the release. or threatened release poses a threat to human health or the environment; (e) An indication ofthe department's intentions regarding enforcement or other actions at the facility; and (t) The names of other persons to whom the department has sent a status letter.

(lZI25/93) 

# 0 ··,··

'. ....:;;.: •.**::::'~** ;:

.



# o

.:....
. ,



# o

### Model.Toxics ControlAct-Cleanup 173-340-510

(3)



### (6) 

# " Administrative Options for Remedial Actions.

;., .

(2)
, Actions initiated by the potentially liable person. Potentially liablepersons may initiate

a remedial action, as follows: (a) A person may initiate negotiations for a consent decree by submitting a letter under WAC 173-340-520(1). (b)
, A person may request an agreed order by submitting a letter under WAC 173- 340-530; (3) Action initiated by the department. The department may initiate remedial action by: (a) Issuing a letter inviting negotiationson
a consent decree under WAC 173-340- 520(2); or (b) Issuing an enforcement order under WAC 173-340-540. (4) Department remedial action. Nothing in this chapter shall preclude the department from taking appropriate remedial action on its own at any time. Except for emergency actions and initial investigations, reasonable effort (I) Policy. ' (2) Actions initiatedby the potentially liable'person. (3) Actioo initiatedby the dcpar1mcnL (4) OcpaJ1mCllliancdia1 actioo. (5) Indcpcodcotremedial actioo. (I) Policy. It is the responsibility of each and 'every liable person to conduct remedial action so that sites are cleaned up well and expeditiously where a release or threatened release of a hazardous substance requires remedial action. Potentially liable persons are encouraged to initiate discussions and negotiations with the department and, the office of the attorney general which may lead.to an agreement on the remedial action to be conducted**f;~~?t** with the state ofWashington.' The department**~,.** "., may provide informal advice and assistance on the development ofproposals for remedial ' action, as provided by WAC 173-340-130. Any approval by the department or the state of remedial action shall occur by one of the

means described 

### in subsections (2) and (3) of**i~",'t->** this section. 

### WAC 173-340-510 Opportunity.Jo",comment. ;'. :"Any;.comments ' shall be submittedinwriting ,to" the' depart-

.. ment within thirty' days from the, date of receipt by the potentially liable person ofthe ' status letter unless the departmentprovides an extension.
,.. '
, (4) ,Detennination of status. If after reviewing any comments submitted, the department concludes that credible,evidence supportsa finding ofpotential liability, then,the department shall issue a determination ofpotentially liable person status. (5) Voluntary 

### waiver, Persons may accept status

as a potentially liable person at any time through a voluntary waiver of their right to notice and comment.
Additional potentially liable persons. The department reserves the right to notify additional potentially liable persons at any time, and as resources permit, will facilitate potentially liable persons' efforts to identify additional potentially liable persons. The department shall notify 

### in writing, all persons who previously received a status letter for the facility wheneveradditional status letters have been sent. [Statutory Authority: Chapter 70.105D RCW. 90- 08-086, § 173-340-500, filed 4/3/90, effective 5/4/90.]

(12/25/93) tcs, 173-340 WAC-p 49]

### 173-340-510

.Model Toxics ControlAct-Cleanup

c:

......



# o o· will be made to notify potentially liable per-:'

sons prior to the department taking remedial . actions for which the recovery ofpublic funds

can be 

### sought under RCW 70.105D.050(3). (5) Independent remedial action

.. Nothing in this . chapter shall preclude potentially liable persons from taking independent remedial action without oversight or approval from the'de':' partment at sites not in discussions ornegotiations for, or under, an order or decree. A potentially liable person may not take independent remedial actions after commencing discussions or. negotiations for an agreed order or consent decree unless: . (a) Such action does not foreclose or preempt the remedial actions underdiscussion or negotiations and such action does not foreclose the selection of cleanup action; or (b) 

### If the potentially liable person has provided reasonable notice to the department and the department does not object to such action. The department will use the appropriate requirements Containedherein to evaluate the adequacy of any independent remedial action performed

.. Persons performing independent remedial actions do so at their own risk and may be 

### required to take additional remedial actions ifthe department deems such actions . necessary. In such circumstances, the department reserves all of its rights to take actions . authorized by law. [Statutory Authority: Chapter 70.105D RCW. 90- 08-086, §. 

### 173-340-510, filed 4/3/90, 

### effective 5/4/90.]

[Cb. 173-340 WAC-p SO] 

### WAC 173-340-520 Consent Decrees.

(I)

. biitiated by potcntiaIIyliable persons. 

# g;

# ~~.**G~f** (1) 

### Initiated by potentially liable persons. To' request a consent decree a person shall submit

a letter to the department and office of the attorney general via certified mail,'reium receipt requested, or by personal delivery. . . (a) Request. The letter shall describe, based on available information: (i) The proposed remedial action, including the schedule for .the . work; (ii) 

### Information which demonstrates that the settlement will lead to a more expeditious cleanup, be consistent with cleanup standards ifthe remedial action is a cleanup action, and be consistent with any previous orders; (iii) The facility, including location and boundaries; (iv) The environmental problems tobe addressed including a description ofthe releases at the facility and the potential impact ofthose releases to human health and the environment; (v) A summary of the relevant historical use or conditions at the facility; (vi) The date on which the potentially liable person will be 

### ready to submit a detailed proposal;(vii) Any special scheduling considerations for implementing the remedial actions; (viii) Names of other persons who the person has reason to believe may be 

### potentially liable persons at' the facility; and (ix) 

### A proposed public participation plan. This proposed plan shall. be commensurate with the nature

(12125/93)

### Model Toxics Control Act-Cleanup 173-340-52



### ofthe proposal and site and shall include the elements listed in WAC 173-340-600(8). (b) 

### The letter may include: (i) A'waiver of the procedural requirements ofWAC 173-340-500 and acceptance, for purposes of settlement, of potentiallyJiable person status. ' (ii) 

### The contents ofdetailed proposal under (f) ofthis subsection. (c) Recognizing that the steps ofthe cleanup process/ may be combined and may vary by site, the information in the' ' request shall be at the level of detail appropriate to the steps .in 

### the process for which the consent decree is requested. For example, a request for a consent decree for a state remedial investi- .gation/feasibility study should generally include the level ofinformation needed for a site hazard assessment, if 

### not already done by the department, so

### th~tthe department and the public can evaluate the proposed scope of work and relative priority ofthe site. (d) The department may waive part of the letter requirements of(a) ofthis subsection if 

### the requirements have already been met. (e) Response. The department shall respond to the request within sixty days, unless the department needs additional time to determine potentially liable person status underWAC 173-340-500. This determination will be based in parton a preliminary finding by the department that any resulting consent decree would be in accordance with RCW 70.105D.04O (4)(a). The department may: (i) Request additional information; (ii) "Accept the' request and require the person to submit a detailed

(12/25/93) 

### written proposal by a specifie date; or (iii) 

### Provide written reasons for den};fH:; ing the request.'

. /**:,:>.~.,**

,(t) 

### Contents of detailed proposal. Th proposalshall 

### contain: (i) A proposed technical scope 0 

### work describing the remedia action to be conducted; (ii) 

### The data, studies, or any othe: information, upon which the settlement proposal is based; (iii) 

### A statement describing the potentially liable person's ability**t(:~~::.;;:** 

### conduct or finance the remedial?". action as described in the pro-'

. posed scope ofwork; and (iv) A schedule for proposed negotiations and implementation of the proposed remedial actions. (g) The department and the office of**the;,;:~h'** 

### attorney general shall determine whether the proposal provides a sufficient basis for negotiations, and shall deliver to the potentially liable person within sixty days following receipt of their proposal a written notice indicating whether or not the proposal is sufficient to proceed with negotiations. (h) Time limits for negotiations. The department shall set the time period and starting date for negotiations. The department and the office of the attor- . ney general shall then negotiate with

those potentially liable persons who have received a notice under (e) ofthis subsection that theirproposal was sufficient to proceed with negotiations. Negotiations may address one or more
-:», 

### phases of remedial action. The length " of the negotiation period specified by the department shall be no less than that proposed by the potentially liable person provided it does not conflict with the

[Ch. 173-340 WAC-p 51]13-340-520



### . Model Toxics Control**ACt~CIea-nup'**



### - , 'deadlines established under WAC 173- 340-140.-

.(i) Enforcement stay. Unless an emergency exists, the' department will stay any enforcement '. action under

.chapter 70.105D RcW, but the duration ofsuchstay shall not exceed one hundred twenty days from the date negotiations begin. The department can withdraw from negotiations if 

### it determines that: (i) Reasonable progress is not being made toward a consent decree acceptable to,jhe department; or (ii) 

### The proposal is inappropriate

. based on new information or

changed circumstances.
The department may commence with enforcement action after notifying the potentially liable person, in writing, of its intent to withdraw from negotiations. '.) State-initiated procedures. When the department believes that a consent decree will be a

more expeditious method to achieve remedialaction at a facility, it may initiate the procedures set forth in this subsection by sending a letter to the potentially liable person. The letter shall be sent via certified mail, return receipt requested, or by personal service. (a) The letters may be-delivered -with potentially liable person status letters issued under WAC 173-340-500. The period for negotiation shall not commence until the thirty-day comment period required by WAC 173-340-500

. has expired or the person expressly

waives the procedural requirements of WAC 173-340-500. (b) 

### Contents of letter. The letter shan: (i) Informpotentially liable person(s)

.that the department and the attorney general want to begin negoti-

. ations which may lead to a consent decree providing for remedial action;

I :11. 173-340 WAC-p 52J 

### . '.,,'c -'
..,**~.** (ii) 

### Propose a draft 

### consent decree

-,» : :', 

### ':'andscope'ofwork; (iii) 

### Define the negotiation process

.

.and schedule which shall not / exceed ninety days; (iv)
, Reference the department's finding under WAC 173-340-500; (v), Request a' written statement of the potentially liable person's willingness to proceed with the negotiation process defined in the letter; and(vi) Request the names of other persons whom the person has reason to believe may be 

### potentially liable persons at the facility. (c) The letter may request the potentially liable person to respond, in writing, to. the proposed draft 

### consent decree and scope of work prior to initiating the negotiation phase. (d) Negotiations. The department and the . office of the attorney general shall negotiate with potentially liable persons who have indicated to the department awillingness to proceed with the negotiations. The negotiation time frame shall begin from the date the potentially liable person receives the letter under (a) ofthis subsection unless modified by the department. Negotiations may address one or more phases of remedial action. (e) Enforcement stay. Unless an emergency exists, the department will stay any enforcement action under chapter 70.105D RCW, but the duration of the stay shall not exceed ninety days fromthe date negotiations begin. The department can withdraw. from negotiations if 

### it determines that: (i) Reasonable progress is not being made toward a consent decree acceptable to the department; or

(12/25/93) .--,.**:~~.~.~ :>1~~':** 



# o

o

### Model.Toxics Control Act-Cleanup 173-340-53



# • WAC 173-340-530·': 

### Agreed Orders.
(I)

.Usc.

. o' (2) Request. (3) Rcapooic. (4) l.cng1h ofdiscussions.

. (5)
,Focu. ofdiscusaioos. (6) • Publicparticipatioo. (7) RcvisiaaJ.· ,;

(ii)

(iii) 

### The proposed remedial action including a schedule for the work; The facility, including location and boundaries; The environmental problems to be 

### addressed, including the releases at the facility and the potential impact ofthose releasesto human health and the environment; (iv) A summary of the relevant historical use or conditions at the facility; Agreed orders may be 

### used for all remedia 

### actions except for nonroutine cleanup 

### actions and interim actions that constitute a 

### substan-

. tiaI majority ofa cleanup action likely to be selected. Since an agreed order is not 

### a settlement, an agreed order shall not provide for mixed funding, a covenant not to sue, or protection from claims for contribution. An : 

### agreed 

### order means that the potentially liable:i::'.t person agrees to perform remedial actions**at:,*~{:**



### . the site in accordance with. the provisions of.**'"cc~·**



### the agreed order and that.the department will not take additional enforcement action against the potentially liable person to require those remedial actions specified in theagreed 

### order so long as the potentially liable person com-v., " 

### plies with the provisions of the order. The**""*:~.** 

### department may require additional remedial actions should it deem such actions necessary. Request. (a) To request an agreed order, a person shaII submit a letter to the departmentbased on available information, describing: (i) (1)

(2) (ii). 

### The. proposal is. inappropriate

, ' based. on new. information or changed.**circumstances.~,** 

### The department may commence with enforcement actionafternotifying the 

### potentially liable person, in writing, ofits intentto withdraw from negotiations.

". / 

### .(t) 

### Deadline extensions. The department may at its discretion extend the deadline for negotiationsestablished in (b) 

### ofthis subsection, provided the extension does not 

### exceed thirty 

### day's. (3) Filing a decree../ After satisfying the publiccomment and hearing requirements, the department shall determine whether the proposed settlement negotiated under subsection (1) 

### or (2) ofthis section, is more expeditiousand consistent with cleanup standards established and in 

### compliance with any order issued by the department relevant to the remedial action. After making the requisite fmdings, the department shall forward the proposed consent decree with the fmdings required by RCW 70. 105D.04O(4), to the' office of the attorney general. ITagreed to by the office of the attorney general, the consent decree will be filed 

### by that office with the appropriate superior court orthe federal court havingjurisdiction over the matter. [StatutoryAuthority: Chapter 70.105D RCW. 90- 08-086, §173-340-520, filed 

### 4/3/90, effective 5/4/90.] 

# • •

(12125/93) lCh. 173-340 WAC"':"p 53]73-340-530 

### Model Toxics Control Act-Cleanup --_
..**-~-**

(v)· Names of other."persons whom the person has reason to believe may be potentially liable persons at the facility; and

. . (vi) A proposed public participation plan. This proposed plan shall be commensurate with the riature ofthe proposal and site and shall

.include at a .minimum the ele-. ments listed in WAC 173-340- 600(8)

.. (b) The letter may include a waiver ofthe procedural requirements of WAC 173- 340-500, and acceptance, for purposes ofthe agreed order, ofpotentially liable person status. (c) Recognizing that the basic steps of the cleanup process may be combined and may vary by site, the information in the request shall be at the level of detail appropriate to the step in the process for which the order is requested. For example, a request for an agreed order for a state remedial investigation/feasibility study should generally include the level of information needed for a site hazard assessment, so that the department and the public can evaluate the proposed scope of work and relative priority ofthe site. (d) The department may waive part of the letter requirements of(a) ofthis subsection if the requirements have already been met. 3) Response. The department shall respond to the request within sixty days, unless the department needs additional time to determine potentially liable person status under WAC 173-340-500. The department may: (a) Request additional information; (b) Proceed with discussions, if the department believes it is in the public interest to do so; or (c) Provide written reasons for denying the request.

[Ch. 173-340 WAC-p**~]** (4) ·.Discussions on the agreed order shall not exceed sixty days unless the department decides continueddiscussions are in the public interest. Unless an 'emergency exists, the department ;' will stay any enforcement action under chapter 70.105D RCW; however, the duration of

. such stay shall not exceed sixty days from the date. discussions begin. Furthermore, the department can withdraw from discussions if it determines that: (a) Reasonable progress is not being made toward an agreed order acceptable to the department; or (b) The agreed order is inappropriate based

on new information or changed circumstances. The department may commence with enforcement action after notifying the potentially liable person in writing of its intent to withdraw from discussions. (5) Focus of discussions. The focus of discussions for the agreed order shall ordinarily be the technical scope of work and work schedule. This subsection is not intended to preclude discussion on any item. It is intended
to convey the expectation that the scope of work and work schedule will be the primary topics of discussion in formulating agreed orders. . (6) When issuing

# an agreed order, the department shall provide'appropriate public participation opportunities under WAC 173-34Q-600. If the agreed order is for a routine cleanup action and any person requests judicial review, then the applicable consent decree procedures under WAC 173-340-520 will be initiated. (7) Revisions. If the department and the potentially liable person signing the order agree to substantial changes in the order, the department shall provide appropriate additional public notice and opportunity to comment.

(12/25/93) 

# o

..



# ()

### Model Toxics Control**Ad~Cleanup** 

### 173-340-540
[Statutory Authority: Chapter 70.105D RCW. 90- 08-086, § 

### 173-340-530, filed 

### 4/3/90, effective 

# e 5/4/90.]

(12/25/93) 

### WAC ·173-340-540 y. 

### Enforcement Orders. The department may issue an enforcement

. order requiring remedial action after issuing a .notice of potentially liable person ,status letter under WAC 173-340-500. In 

### emergencies, the notice of potentially liable personstatus may occur concurrently with the issuance of the order. Unless an emergency requires otherwise, the issuanceofapotentially liable person status letter shall precede or take place concurrently with the issuance ·of an enforcement order. Furthermore, except in an. emergency, the department shall issue its determination under WAC 173-340-500(4) before an enforcement order can becomeeffective. Failure to comply with an enforcement order may result in substantial liability for costs and penalties as specified in RCW 70.105D.050.

. [Statutory Authority: Chapter 70.105D RCW. 90- 08-086, §

### 173-340-540, filed 

### 4/3/90, effective 5/4/90.]

[Cb. 173-340 W**AC~p** S5]DSC 

### = Direct Staff Costs defined in (a) ofthis subsecPSCM 

### = Program Support Cost Multiplier defined in (c) ofthis subsection ASCM 

### = Agency Support Cost Multiplier defined in (b) ofthis subsection, and



### (a) Costs of direct activities are direct staff costs and other direct costs. Direct Model Toxics Control Act-Cleanup 

## staffcosts (DSC)'are the costs of-hours .worked directly on a contaminated site,

# C including salaries, retirement planbene-' /' fits, Social Security benefits, health

. benefits, leave and holiday benefits, and, other benefits required by law to be paid to, or on behalf of, employees. Other direct costs are costs incurred as a direct result ofdepartment staff working on a contaminated site including, for example, costs of: Travel related to the site, printing and publishing of documents about the site, purchase or rental of equipment used for the site, and contracted work for the site. (b) 

### Agency support costs are the costs of facilities, communications, personnel, fiscal, and other state-wide and agencywide services. The agency support cost multiplier (ASCM) used shall be the agency indirect rate approved by the agency's federal

.cognizant agency (which, as of July I, '1993, was the United States Department of the Interi- 

# C', or) for each fiscal year. (c) 'Program support costs are the costs of administrativetime spent by site managers and other 

### staffwho work directly onsites and a portion of the cost of management, clerical, policy,' computer, financial, and other support provided by other program staff to 

### site managers and other staff who work directly on sites. ' Other activities of the toxicscleanup program not included in program support costs include, for' exampIe, community relations not related to a specific site, policy development, and a portion of the cost ofnonsite management, clerical, policy, computer, financial, and other support staff. The pro- ' gram support cost multiplier (PSCM) used shall be calculated by dividing actual program support costs by the direct staff costs ofall hours charged to site related work. This multiplier shall 

# 0 be evaluated at least biennially and any ",

tion, (1) Policy. -v, " (2) Costs. (3) Request for payment. ' (4)' Interm clwgcs. (5) , Private righll of aetiOll. (6) NaIIIra1rcsoure:c cIamagea. m Independent remedial actioos. (8) Prepayment**of~.** ' / (I) 

### .Policy. 

### RCW 70.I05D.050(3) requires that the state seek to recover the amounts spent by the department for investigative and remedial actions and orders

.. It 

### is the department's' intention to recover those costs which are reasonably attributable to the site. Timing of cost recovery for individual sites will 

### be considered on a 

### case-by-case basis, however, the department may demand payment ofcosts as they are incurred. (2) Costs.

. Each person who is liable under chapter 70.105D RCW is liable for remedial action costs incurred by the department. Remedial action costs are costs reasonably attributable to the site and may include costs of direct activities, support costs of direct activities, and interest charges for delayed payments. the department may send its request for payment to all potentially liable persons who are under an order or decree for the remedial action costs at the site. The department shall charge 

### an hourly rate based on direct staff costs plus support costs. It 

### is the department's intention that the resulting hourly rate charged be 

### less than the hourly rate typically charged by a comparably sized consulting firm providing similar services.The department shall use the following formula for computing hourly, rates:
Hourly Rate 

### = DSC 

### + DSC(ASCM) 

### + DSC(pSCM), where 

### WAC**173~340-SS0** 

### ., Payment ofRemedial,**~;** 

### Action Costs. 173-34o-S5O



### tcs. 173-340 WAC-p S6] (12/25/93)

### ModetToxics Control Ad-Cleanup' 173-340-550


# e'

(3),

(4)

(5) 

### changes published in at least two publications of the 

### Site Register. The calculation.and source documents used in any _revision shall be audited by either the

state auditor'soffice 

### or a 'private ac-

-Counting ftrm.-., Audit results shall be

available for public review. This multiplier shall not exceed 1.0 (one). Request for payment. When the

## dep~ent .requests payment of remedial action costs it shallprovidean itemized statement document- .ing the costs incurred. Interest charges. A minimum of twelve percent interest shall accrue on all remedial action costs not paid within ninety days ofthe billing date, or within another longer time period designated by the department.

. Private rights of action. The purpose ofthis subsection is to facilitate private rights of action and minimize department staffinvolvement in these actions by providing guidance to potentially liable persons and the court on what remedial actions the department would consider the substantial equivalent ofa department-conducted or department-supervised remedial action. In determining substantial equivalence, the department anticipates the requirements in this section will be evaluated as a whole and that a claim would not bedisallowed due to omissions that do not diminish the overall effectiveness ofthe remedialaction. For the purposes 'of this section, the department would consider the followingremedial actions to be the substantial equivalentofa department-conducted or departmentsupervised remedial action. (a) A remedial action conducted by the department; (b) 

### A remedial action that has been or is being conducted under an order or decree and the remedial requirements of the order or decree have been satisfied for those portions ofthe remedial action for which the private right of action is being sought; or , '

.... (c) :; A remedial action that has been con- .. .. ducted as an independent remedial

'; t ,;: 

### action that includes the following elements:

. ,(i)

-Infomiation on the site and.femedial actions conducted has been reported to the department in accordance with WAC 173-340-_ 300 and 173-340-450, as applicable; (ii) 

### The department has notobjected to the remedial action being conducted or any such objection has been cured as determined by. the court; (iii) 

### Except for emergency remedial actions, prior to conducting an interim action or cleanup action, reasonable steps have been taken to provide advance public notice. The notice may be combined with any notices under another law. These public notice procedures apply only to interim actions or cleanup actions Conducted as independent remedial actions after the effective date of this section. For interim actions or cleanup actions conducted as independent remedial actions prior to the effective date ofthis_section, the department recognizes little or no public notification typically occurred because there

were no department-specified requirements other than the' reporting requirements in this chapter. For these actions, this chapter contains no other specific public notice requirements or guidance, and the court will need to determine such requirements, if 

### any, on a case-by-case basis. For independent remedial actions consisting of site investigations and studies, it is anticipated that public notice would not normally

(12/25/93) lCb. 173-340 WAC-p S7]**173-34~550** 

### Model Toxics Control Act-Cleanup"

be done -since often' these early

. phases of work are to determine

if

-a release even requires an interim action or cleanup action. For the purposes of this' subsection only, unless the 

### court determines othernotice procedures are adequate for the site-specific. circumstances,

. the following constitutes adequate public notice and supersedes the requirements in WAC 173-340-600: (A) Exceptfor emergency reme

### dial actions, written notification has been mailed at least ftfteen days prior to beginning construction of the interim action or cleanup action to the last known address of the following persons: The departmentwhich shall publish a summary of the notice in the 

### 'Site Register; the local

jurisdictional health department/district; the town, city

or county with land use jurisdiction; the land owners identified by the tax assessor at the time the action is commenced for that portion of the facility where the interim action or cleanup action is being conducted; and persons potentially liable under RCW 70.105D.04O known to the person conducting the inter- . im action or cleanup action.

In identifying other potentially liable persons who are to be noticed under this provision, the person doing. the remedial action need only make a reasonable effort to review information currently readily available.

lCb. 173-340 WAC-p 58] Where the interim action or cleanup action is complex, notiftcation prior to begin- 

# O· ning detailed' design 

### is recommended but not 

### ,te- . quired. For emergency

,remedial actions, written notice should be provided as soon as practicable; (B) The notice includes: A brief statement describing the releases being remedied and the interim actions or cleanup actions expected to be conducted; the schedule for these interim actions or cleanup actions; and, for persons potentially liable under RCW 70.105D.04Oknown to the person conducting :the interim actionsor cleanup actions, a statement that they could be held liable for the costs of reme- 

# C
.dial actions being conducted;and (C) Posting a sign at the site at a location visible to the general public indicating what interim actions or cleanup actions are being conducted and identifying a person to contact for more information. Except for emergency remedial actions this .sign should be- posted not later than the beginning ofconstruction of any interim action or cleanup action and should remain posted for the duration of the construction. For emergency remedial actions posting of a sign should be done as soon as practicable; (iv) The remedial actions have been 

# 0 conducted substantially equivalent

(12125/93)173-340-550

(H) WAC 173-340-700 through WAC 173-340-760 (Cleanup standards); and '

, (I) WAC 173-340-810 through WAC 173-340-850(General

. provisions); and (v) For facilities where 

### hazardous substances have been disposed of

as part of the remedial action, documentation is available indicating where these substances were disposed of and that this disposal was in compliance with applicable state and federallaws. It is not the intent of this provision to require extensive documentation. For example, if the remedial action results in solid wastes being transported off-site for disposal, it'would be sufficient to have records indicating the wastes have been disposed of

. at a permitted solid waste or hazardous waste landfill.
Natural resource damages. Nothing in this section shall affect the authority ofthe department and the office of attorney general to

recover natural resource damages. Independent remedial actions. (a) The department has established a mechanism to recover the direct and support costs associated with the review and evaluation of independent remedial action reports submitted under WAC 173-340-300(4). This enables, the department to evaluate independent cleanups.and facilitates the return ofproperty

,to productive use. Participation in this

program.is voluntary, and ecology will

recover only the costs of review under the independent remedial action program from those persons requesting the department's review of an independent remedial action report. Ecology shall

recoverits costs ofproviding the review (7) 

### (6) Model Toxics Control Act":"Cleanup,

.with the 

### technical standards and evaluation criteria contained in

,-. the· following sections, where applicable. Wheredocuments are . required by the following sec- . tions, the 

### documents prepared

need not be the same in title or 

### format. Other documents 

### canbe 

### .used in place of the 

### documents

specified in these sections as long

as sufficient 

### information is included in the record to serve the

same purpose. When using these sections to determine substantial 

### equivalence it should be recog

### nized that there are often many alternative methods for cleanup of a facility that would complywith these provisions. In applying these sections, reference should be made to the other applicable sections of this chapter, with particular attention to WAC 173-340-130 (Administrative principles), WAC 173-340- 200 

### (Definitions)and WAC 173- 340-210 (Usage): (A) WAC 173-340-350 (State remedial investigation and feasibility study);

, (B)' WAC 173-340-360 (Selection ofcleanup actions);(C) WAC 173-340-400 (Cleanup actions); (D) WAC 173-340-410 (Compliance monitoring

, requirements); (E) WAC 173-340-430 (Interim actions); (F) WAC 173-340-440 (Institutional controls);(G) WAC 173-340-450 (Releases from underground storage tanks);
,

(12125/93) 

### res, 173-340 WAC-p' 59]173-340-550 

### Model' Toxics Control Ad-Cleanup

.

. ofindependentremedial action reports, including:

- (i) Providing a 

### written determination



### .. regarding the adequacy of the

remedial actions.performed at a site; .(ii) 

### Providing a writtendetermination. regarding the adequacy of 

## the remedial actions performed at asite. and removing sites or portions of sites from the hazardous sites list if 

### the department has sufficient. 

### information to show that the independent remedial efforts are 

### appropriate to characterize and address contamination at the site, as provided for in WAC 173-340-330 (4)(b); or (iii) 

### Providing a written determination describing the deficiencies with the report or remedial action conducted at the site. (b) The mechanism used to recover ecology's costs shall be 

### evaluated in June 1994, and, if 

### necessary, adjusted. The mechanism used to recover ecology's costs of review shall be 

### evaluated every other year thereafter. (c) It 

### is the department's policy, in conducting reviews under this subsection, to promote independent remedialactions by delisting sites or portions of sites whenever petitions and supporting documents show that the actions taken are appropriate to characterize and address the contamination at the site. . (8) Prepayment of costs. Persons may request the department's oversight of remedial actions through a prepayment agreement. The purpose of such an agreement is to enable department oversight of remedial actions at lower priority sites. The department shall make a determination.that such an agreement is in the public interest. A prepayment agreement requires a person to pay the department's remedial action costs, in advance, allowing

[Ch-.l73-340 WAC-p 60) 

### .-, the department to increase staff

### for the unanticipated workload.' t

..

### Agreements may cover
:.'. one or more facilities.[Statutory Authority: 

# O'

. RCW,;

### 70.105D.030 (1)(t), 70.105D.04O(2) .and' SB 5404. 93-24-064, §**173-340-5~O,**

. ' filed 

### 11124/93, effective 12/25/93. 

### Statutory

.Authority: Chapter 70.105D RCW. 

### 90-08-' 086, § 

### 173-340-550, filed 

### 4/3/90, effective

. 5/4/90.]



# o

(12/25/93)

### Model Toxics ControrAct-Cleanup,i 173-340-560

.


### WAC 173-340-560 Mixed 

### Funding.

(1) In1roduction. (2) Applicability and request. (3) Eligibility and mixed funding criteria. (4) FlIDdingdcciaiOD. .' (5) Cost recoveryaction. (1)

(2)

(3) Introduction. Under RCW 70.105D.070 (2)(d)(xi);the department may provide public funds from thestate toxics control account to

a potentially liable person for the purpose of assisting with the payment ofremedial action costs regardless of when incurred. This assistance can 

### be provided in the form of a loan or a contribution, in cash or in kind. Any funding. decision under this section is solely the responsibility ofthe director. Applicability and request. (a) Mixed funding shall 

### beprovided only to potentially liable persons whom the department has found to 

### be eligible and who have entered into a consent decree with the department under the .requirements ofthis chapter. (b) The consent decree shall identify remedial action tasks to be addressed by the mixed funding, costs to be borne by the potentially liable person, costs to be borne by the state toxics control account and terms ofthe agreement. In the case of loans, the consent decree shall also define any terms and conditions under which the potentially liable person receiving mixed funding has agreed to reimburse the state toxics control account. (c) The potentially liable person shall submit sufficient documentation to support its request for mixed funding. Eligibility and mixed funding criteria. The director shall make a determination, based upon specific criteria whether a proposal is eligible for funding. The only circumstances under which mixed funding can 

### be approved by the department are when the furiding will achieve both: (a) .'

### 'A substantially more expeditious or enhanced cleanup than would otherwise
occur; and. (b) .The prevention or mitigation of.unfair economic hardship. In considering this criterion the department shall consider the extent to which mixed funding will either: (i)

.Prevent or mitigate unfair economic hardship faced by the potentially liable person 

### if the remedial action plan were to 

### be implemented without public funding; or

.(ii) Achieve greater fairness with respect to the payment ofremedial action costs between the potentially liable person entering into a consent decree with the department and any nonsettling potentially liable persons. (4) Funding decision. The department may have informal discussions on mixed funding. If a potentially liable person is found to be eligible

. for mixed funding, the director shall make a determination regarding the amount of funding to 

### be .provided, 

### if any. This shall be determined at the discretion of the director and is not subject to review. A determination of eligibility is not a funding commitment. Actual funding will depend on the availability offunds. (5) The department may recover the amount of public funding spent on investigations and remedial actions from potentially liable persons who have not entered into a consent decree under this chapter. For purposes of such cost recovery action, the amount in mixed funding attributed to the site shall be considered as remedial action costs paid by the department. [Statutory Authority: Chapter 70.1 05D RCW. 90- 08-086, §173-340-560, filed 4/3/90, effective 5/4/90.]

(12/25/93) [Cb. 173'-340WAC-p 61]

### 173-340-600 'Model Toxics Control'Ad-Cleanup

PART VI-PUBLIC PARTICIPATION

WAC**17~34o-600** 

### Public Notice and Participation.

(1) Purpose. (2) Criteria. (3) Public notice. (4) Public meetings. (5) Additional methods.
, (6) Site register. (7) Evaluation, (8) Public participation plans. (9) Consent decrees.

. (10) Agreed orders. (II) Enfon:ement orden. (12) State remedial investigation/feasibility study. (13) Selection of cleanup actioos. (14) Cleanup action implementation. (15) Routine cleanup and inlCri.m actions. (1) 

### Purpose. Public participation is an integral , part of the department's responsibilities under

the Model Toxics Control Act. The department's goal is to provide the public withtimely information and meaningful opportunities for participation which are commensurate with each site. The department will meet this goal through a public participation programthat includes: The early planning and development of a site-specific public participation plan; the provision of public notices; a site register; public meetings or hearings; and the participation of 'regional citizens' advisory committees. (2) Criteria. In order to promote effective andmeaningful public participation, the department may determine that public participation opportunities in addition to those specifically required by chapter 70.105D RCW, or thischapter, are appropriate and should be provided. In making this determination, the department may consider: (a) Known or potential risks to human health and the environment that could be avoided or reduced by providing information to the public; (b) 

### Public 'concerns about the facility; (c) The need to contact the public in order to gather information about the facility; (d) The extent to which the public's opportunity to affect subsequent departmental

, [Ch. 173-340 WAC-p 62] (3) 

### decisions at the facility may be limited or foreclosed in the future;;·,. ,- . (e) The need to prevent disclosure

## 'o(~nfi- 

# 0
dentia1, unverified, or enforcementsensitive information;
, I (t) 

# The routine nature of the contemplated remedial action; and (g) Any other factors as 

### determined by the department. Public notice. , Whenever public notice is required by chapter 70.105D' RCW, the department shall at a minimum provide or require notice as described in this section . except as 

### specified for the biennial 

### report in WAC 

### 173-340-340. (a) Request. Notice shall be 

### mailed to persons who havernade a timely 

### request. A 

### request for notice is timely if 

### received prior to or during the public comment period for the current phaseofremedial action at the facility. However, the receipt of a request for notice shall not require the department to 

# C extend the comment period associated with the notice. (b) 

### Mail. Notice shallbe 

### mailed to personswho reside within the potentially affected vicinity ofthe proposed action. The potentially affected vicinity shall include all property adjoining the site and any other 

## area that the department determines to be 

### directly affected by the proposed action. (c) Newspaper publication, Notice of the proposed action shall be 

### published in the newspaper of largest circulation inthe city or county of the proposed action, by one or more of the following methods: Display ad; legal notice; or any other appropriate format, as determined by the department.' (d) Other news media. Notice of the pro- , posed action shall be 

### mailed to any other news media which the department 

# 0 determines to be appropriate. The

(12/25/93)

### Model Toxies Control Act--Cleanup 173-340-600

(4)

(5)

(6) department may considerhow a medium compares with the newspaper oflargest circulation in terms of: Audience reached; timeliness; adequacy in conveying the particular information in the notice; cost; or other relevant 

### factors.' (e) Comment periods. All public notices shall indicate the public comment period on the ·proposed action. Unless stated otherwise, commentperiods shall be for thirty days at a minimum. (t) Combining public comment requirements. Whenever reasonable, the department shan consolidate public notice and opportunities for public comment under this chapter 

### with public notice and comment requirements under other laws and regulations. Public meetings. During any comment period announced by a public notice issued under this chapter, iften or more persons request a public meeting on the subject of the public notice, the department shall hold a public meeting for the purpose of receiving com-

. ments. Additional methods. In addition to "public notice" required by chapter 70.1050 RCW, or this chapter, the department may use any ofthe following methods to provide information to the public: (a)

. Press releases; (b) Fact sheets; (c) Public meetings; (d) Publications; (e)· Personal contact by department employees; (f). Posting signs at the facility; (g) Notice in the site register; (h) Any othermethods as determined by the department. Site register. The department shall regularly publish and maintain a site register, giving notice ofthe following: (7)

(8) (a) Determinations of no further action under WAC 173-340-320; (b) Results of site hazard rankings; (c) Availability of annual and biennial reports; (d) Issuance ofenforcement orders, agreed orders, or proposed consent decrees; (e) Public meetings or hearings; (f) Scopingnotice ofdepartment-eonducted state remedial investigation/feasibility study; 

### (g) Availability ofstate remedial investigation/feasibility study reports and draft and 

### final cleanup plans; (h) Change in site status orplacing sites on

or removing sites.from the hazardous sites list under WAC 173-340-330; (i) Availability of engineering

.design reports under WAC 173-340-400; G) Schedules developed under WAC 173- 340-140; (k) Reports of independent cleanup actions received under WAC 173-340-300; (1) Commencement of negotiations or discussions under WAC 173-340-520 and 173-340-530; (m) Deadline extensions or missed deadlines under WAC 173-340-140; and (n) Any other notice that the department deems appropriate for inclusion.
Evaluation. As part ofrequiring or conducting a remedial action at any facility, the department shall evaluate public participation needs at the facility, including an identifica-

.tion ofthe potentially affected vicinity for the

remedial action.
Public participation plans. (a) Scope. The

.public participation plans required by this section are intended to encourage a coordinated and effective public involvement tailored to the publie's needs at a particular facility. The scope ofa plan shall be commensurate

(12/25/93) ICb. 173-340 WAC-p 63]

### ; ITa plan already exists for the facility, '. the potentially liable person may either 

### resubmit the existing plan with any 

# 0 proposed amendments or submit an entirely new proposed plan. The 

## PrOposed plan

.may be revised during the

course ofdiscussions or negotiations 

### on the agreed order 

### orconsent decree. The final public participation plan may be

### come part of the agreed order or consent decree. (f) 

### Contents. The public participation plan shall include the following: (i) Applicable public notice requirements and how these will be met, including: When public notice will occur; the length of' the comment periods accompanying each notice; the potentially affect

### ed vicinity and any other areas to be provided notice, to the extent known. (ii) 

### Information repositories. The plan should identify at least one 

# C location where the public can review information about theremedial action. Multiple locations may be appropriate. (iii) 

### Methods of identifying the public's concerns. Such methodsmay include: Interviews; questionnaires; meetings; contacts with community groups or· other organizations which have an interest in the site; establishing citizen advisory groups for sites; or obtaining advice from the appropriate regional citizens' advisory committee.(iv) Methods of addressing the publie's concerns and conveying information to the public. These may include any of the methods listed in subsection (5) of this section. 

# 0 (e) 

### Plan development. The department shall develop the plan, orwork with the potentially liable person to 

### develop. the plan. IT a plan already exists for a facility, the department shall considerwhether the existing plan is still appropriate or whether the plan should be amended. Forexample, a plan originally developed to address a state remedial investigation/feasibility study mayneedto be amended to address implementation phases. (d)

.Plans required. As part ofrequiring or conducting a remedial action, except emergency actions, at any site that has been assigned a hazard ranking score, the department shall ensure that a public participation plan is developed and implemented. The departmentmay also require the development of a public participation plan for facilities which have not been assigned a hazard ranking score as part of an agreed order or consent decree with a potentially liable person. Plan as part of order or decree. A potentially liable person will ordinarily be 

### required to submit a proposed public participation plan as part of its request for an agreed order or a consent decree. (c) 

### 173-340-600 Model Toxies' 

### Control Ad-Cleanup

with the nature ofthe proposed remedial actions; the level ofpublic 

### concern:

. 

### ' and the risks posed by the facility. . (b) 

### Early planning encouraged. In order to .develop an appropriate plan, the department or potentially liable person' (if submitting a plan to the department) should engage in an early 

### planning process to assess the public participation needs at the facility. This process may include identifying and conferring with individuals, community groups, local governments, tribes, public agencies, or . . any other organizations 

### that may have an interest in or knowledge ofthe facility.

.



### tcs. 173-340 WAC-p 64] (12/25/93)

### Model Toxics Control Ad-Cleanup· 173-340-600

(9) 

### (v) Coordination of public participation requirements. The plan should identify any public partici- . pation requirements of other

applicable federal, state 

### orlocal laws, and address how such requirements can be

### coordinated. For example, if 

### Comprehensive Environmental Response, "Compensation and Liability Act (CERCLA) applies' to the proposed action, the plan should explain how CERCLA and this chapter's public comment periods will be 

### coordinated. (vi) Amendments to the plan

... The plan should outline the process for amending the plan. Any amendments mustbe

### approved by the department. (vii) Any other elements that the department determines to be 

### . appropriate for inclusion in the

final 

### public participation plan. (g) 

### Implementation. The department shallretain approval authority over the actions taken by a potentially liable person to implement the plan. Consent decrees. In addition to any other applicable public participation requirements, the following shall be 

### required for consent decrees. (a) A public participation plan which meets the requirements of subsection (8) of this section shall be developed when required by subsection (8)(d) of this section. (b) 

### Notice of negotiations. When the department decides to proceed with negotiations it shall place a notice in the siteregister advising the public that negotiations have commenced. This notice shallinclude the name ofthe facility, a general description ofthe subject ofthe order and the deadlines for negotiations. (c) Notice ofproposed decree

.. The department shall provide or require public notice ofproposed consent decree. The 

### notice may be 

### combined with notjce of other documents under this chapter, . such as acleanup action plan, or under

other laws. The notice' shall briefly: (i) 

### Identify and generally describe' the facility; (ii) Identify the person(s) who are parties to the consent decree; (iii) 

### Generally describe the remedial action proposed in the proposed .consent decree; (iv) Indicate the date, place, and time of the public hearing on the proposed consent decree; and (v) Invite the public to comment at the public hearing or 

### in writing. The public comment period shall . run for at least thirty 

### days from the date of the issuance of the notice. (d) Public hearing. The department shall hold a public hearing on the proposed consent decree for the purpose ofproviding the public with an opportunity to comment. (e) Revisions. If 

### the state and the potentially liable person agree to substantial changes to the proposed consent decree, the department shall provide additional public notice and opportunity to com-: 

### ment. (t) 

### Extensions. The department shall pub- .. lish in the next site register the extension of deadlines for designated high priority sites. (l0) Agreed orders. In addition to any other applicable public participation requirements, the following shall be required for agreed orders under WAC 173-340-530. (a) Public participation plan. A plan meeting the requirements of subsection (8)

(12125/93) 

### res. 173-340 WAC-p 6S]173-340-600 

### Model Toxics Control Act-Cleanup

ofthis section shall be developed when required by 'subsection (8)(d) of this section.':'
, , (b) Notice of discussions. When the department decides to proceed with' discussions' it shall place a notice in the site register advising the public that discussions ,have commenced. This notice shall include the name of the facility, a general description of the subject of the order and the deadlines for discussions. (c) Notice ofagreed orders. Public notice shall be provided by the departIilent for any agreed order. For all agreed orders, notice shall be mailed no later than three days after the issuance ofthe agreed order. Foragreed orders covering a state remedial investigation/feasibility study, the comment period shall be at least thirty days and shall be completed before the agreed order becomes effective. For other agreed orders, the agreed order may be effective before the comment period is over, unless the department determines it is in the public interest to complete the public comment period prior to the effec- . tive date of the agreed order. The

department may determine that it is in the public interest to provide public notice prior to the effective date ofany agreed order or to hold a public meeting or hearing on the agreed order. This notice shall briefly: (i) Identify and generally describe the facility; (ii) Identify the person(s) who are parties to the order; (iii) Generally describe the' remedial action proposed in the proposed order; and (iv) Invite the public to comment on the proposed order.

rCb. 173-340WAC-p 66] (d) Revisions. If the department, and the potentially liable person agree to substantial changes to the proposed order, 

# C

the department shall provide. additional public notice and opportunity to comment. (e) Extensions. The department shall publish in the next site register the extension of deadlines for designated high priority sites. (11) Enforcement orders. In addition to any other applicable public participation requirements, the department shall provide public notice of all enforcement orders. Except in the case of emergencies, notice shall be mailed no later than three days after the date ofthe issuance ofthe order. In emergencies, notice shall be mailed 

## no later than ten days after the issuance ofthe order. (a) Contents of notice. All notices shall briefly: (i) Identify and generally describe the facility; 

# G"

(ii) Identify the person(s) who are parties to the order; (iii) Generally describe the terms of the proposed order; and (iv) .Invite the public to comment on the proposed order. (b) .The department may amend the order on the basis ofpublic comments. The department shall provide additionalpublic notice and opportunity to comment if the order is substantially, changed. ' (12) State remedial investigation/feasibility study. In addition to any other applicable public participation requirements, the following shallbe required during a state remedial investigation/feasibility study. (a) Scoping. When the department elects to perform a state remedial investigation/ feasibility study, public notice and an 

# C" opportunity to comment on the scope of

(12/25/93)

### Model Toxics Control Act-Cleanup

. 173-340-600

(13) 

### the state remedial investigation/feasibility study will be provided. (b) 

### Extensions. The department shall publish in the next site register the extension of deadlines for designated high priority sites. (c) Report. The department shall provide or require public noticeofstate remedial investigation/feasibility study reports prepared under WAC 173-340-350. This public notice may be combined with public notice of the draft cleanup action plan, At a minimum, public noticeshaIl briefly:

.(i) Describe the site and state remedial investigation/feasibility study results; (ii) If 

### available, identify the department's selected cleanup action andprovide an explanation for its selection; (iii) 

### Invite public comment on the report. The public comment period shall extend for at least thirty days from the date of mailing ofthe notice. Selection of cleanup actions. In 

### addition to any other applicable public participation requirements, the department shall: (a) Provide a notice ofavailability ofdraft or final cleanup action plans and a brief description of the proposed or selected alternative in the site register; (b) 

### Provide public notice ofthe draft cleanup action plan. A notice of a draft cleanup plan may be 

### combined withnotice on the state remedial investigation/feasibility study. Notice ofa draft cleanup action plan may be combined with notice on a draft consent decree or on an order. At a minimum, public notice shall briefly:

r 

### (i) Describe the site; (ii) 

### Identify the department's proposed cleanup action and provide an explanation for its selection; (iii) 

### Invite public

. comment oJ} the. draft 

### cleanup action plan. The public comment period shall run for at least thirty 

### days from the date of issuance of the public notice. (14) Cleanup action implementation. In addition

.to arty other applicable public participation requirements, the following shall be required during cleanup action implementation.

. (a) Public notice and opportunity to comment on any plans prepared under WAC 173-340-400 that represent a substantial change from the cleanup action plan. (b) 

### When the department conducts a cleanup action, public notice and an opportunity to comment shall be provided on the engineering design report and notice shall be given in the site register. (15) Routine cleanup and interim actions. Inaddition to any other applicable public participation requirements, the following will be 

### required for routine cleanup actions and interim actions. (a) Public notice shall be provided for any proposed routine cleanup or interim actions under WAC 173-340-130 or 173-340-430. This public notice shall be combined with public notice of an order or settlement whenever practicable. (b) 

### At a minimum, public notice shall briefly: (i) Describe the site; (ii) Identify the proposed action; (iii) Identify the likely or planned schedule for the action;(iv) Reference any planning documents prepared for the action;

(12125/93) lCb. 173-340WAC-p 67]173-340-600 Model Toxies Control Act...;Cleanup

,I .. (v) " Identify department: staff who ', .: .' 'may .be"," contacted for further information; "and (vi) Invite public-comment on the routine cleanup orinterim action. The publiccommentperiod shall extend for at least thirty days from the date of the mailing ofnotice. " " " [Statutory Authority: Chapter70.105DRCW. 90- 08-086, §**173~340-600,** fIled 4/3/90, effective 5/4/90.] WAC·173-340-610 Regional Citizens' 

### Advisory Committees.

"(1) Purpose. '(2) Locatioo. (3) Membership. (4) Mcctiaga. (5) RCIouTceIto be aJIocatcdto the comrni1tcQ. (6) Responsibilities. (1) Additional goals or RSpOIIlIibilitica. (l) The department shall establish regional citizens' advisory committees as part ofa public participation program. The regional citizens' advisory. committees are intended to promote meaningful and effective public involvement in the department's remedial action program under chapter 70.105D "RCW. The committees will advise the department as to the

concerns of citizens locally and regionally regarding the remedial actions within each committee's region, with emphasis on issues that affect the region as a whole, rather than site-specific concerns. (2)" Location. There shall be a regional citizens' advisory committee representing each geographic region ofthe state served by a regional office ofthe department. (3) Membership. At any time, each committee shall have no fewer than five and no more than twelve members. The director shall, no later than July 1, 1990, appoint five members "to each committee to represent citizens'

interests 

### in the region. These members shall

serve three-yearterms that may be renewed at the director's discretion. Thesemembers should represent citizen interests in the region. (a) The director may appoint up to seven additional members to represent communities that may be affected by" the remedial actions within each region. These members shall serve two-yearterms that may be renewed at the director's discretion. " 

# o

o

(b) At no time shall more than twenty-five percent ofthe membership ofany committee consist ofpersons who are elected or**appo~ted** public officials or their 

# 0 representatIves.

leb. 173-340 WAC-p 68] (12125/93)

### Model Toxics Control Act-Cleanup, 173-346-610

(4) (c) .The departmentshall advise the public
as to whether any vacancies exist on the 'committees, and shall accept applications from interested citizens.

, , (d) The following persons shall, not be. eligible to serve on any committee: (i) Persons whom thedepartmenthas found are potentially liable/persons under WAC 

### .173-340-500 with regard to any facility that is currently the subject of department investigative, remedial or. enforcement actions, not including compliance monitoring; (ii) Agents or employees of such potentially liable persons 

### as described in (d)(i) ofthis subsection; and (iii) Agents or employees' of the department.. (e) A member shaUrefrain from participating in a committee matter if that member for any reason cannot act fairly arid in the public interest with regard to that
matter. (t) The director may dismiss a member for . cause in accordance with the terms of the regional citizens' advisory committee charter. Meetings. The committees shall meet at least twice a year at the regional offices or elsewhere 

### as agreed upon by a committee and the department. Appropriate department staff may attend these meetings. The department shall brief the committees on the program's major planned and ongoing activities for the year. (a) The department and the committees may agree to additional meetings. (b) Each committee will designate one of its members to serve as chair. The committee chairs shall meet every year with the program manager or his/her designee. (5)

(6) (c) All committee meetings shall 

### be open to the public; The department shall inform the public ofcommittee meetings:
Resources to be allocated to the committees.

.. / : (a) The department shall determine, after consulting with the committees,

.the
amount of staff time and 

### otherdepartment resources that shall be available to the committees for each biennium. (b) The department shall designate staffto work with the committees. (c) Members shall be reimbursed for travel expenses (as. provided for' 

### in chapter 

### 43.03 RCW) for any meetings approved by the department. Responsibilities. The committees are directed
to: (a) Meet at least twice annually; (b) Inform citizens within each region as to the existence of the committees and their availability as a resource; (c) Review the department's biennial program priorities, and advise the department of citizen concerns regarding the program priorities; (d) Advise the department on a timely basis ofcitizen concerns regarding investiga-

. tive or remedial activities within each region, and where possible,' suggest ways in which the department can address those concerns; (e)

.Annually prepare a brief report to the department describing: (i) Major citizen concerns that have been brought 

### to the committee's attention during the past year; (ii) Any committee proposals or recommendationsto address these
concerns; (iii) The committee's plans for the coming year; and

(12125/93) lCh. 173-340WAC-p 69]**173~340-610** 

### Model Texies Control Act-Cleanup



# o :' (iv)

- 'Any other information or issues


### -, > which

-the committee believes

,- .appropriate 

### for inclusion..

_(7) 

### The committees are encouraged to work with the department and the public to develop additional Committeegoals orresponsibilities.

_ [Statutory Authority: Chapter70.105D RCW. 90- 08-086, §173-340-610, fIled 4/3/90, effective 5/4/90.]



### tcs. 173-340WAC-p 70] 

### PART VB-CLEANUP STANDARDS

WAC 173-340-700 Overview 

### of Cleanup Standards. ,;
(1) Purpose.

_ (2) Cleanup Btandanb nnus sekctioo of cleanup actiOllJ. (3) Three basic methods for establishing cleanup levels, (4) Additiooa1f.cquucmcnls for IClliDg cleanup levels. (5) TbTcshold criteria for all cleanup actiOOJ. (6) Measuring compliaDcc. (1) Administrative principles for cleanup Btandanb. 

### (1) Purpose. This section provides an overview ofthe methods for establishing cleanup standards that apply to a release

-or threatened release ofa hazardous substance at a site.

-H there are any inconsistencies between thissection and any specifically referenced section, the referenced section shall govern. (2) Cleanup standards versus selection ofcleanup actions. (a) Cleanup standards are identified for the particular hazardous substances at a site and the specific areas or pathways, such as land or water, where-humans and the environment can become exposed to 

# 0 these substances. This part providesuniform methods state-wide for identifying cleanup standards and requires that all cleanups under the act meet these standards. The actual degree ofcleanup may vary from site to site and will be

### determined by the cleanup action alternative selected under WAC 173-340- 360. Establishing cleanup standards forindividual sites requires the specification ofthe following:(i) Hazardous substance concentrations that protect human health and the environment ("cleanup levels"); (ii) 

### The location on the site where

- those cleanup levels must be 

### attained ("points ofcompliance"); and (iii) 

### Additional regulatory requirements that apply to a cleanup 

# 0 action because of the type of

(12/25/93) I I-

### Model Toxics Control Act-Cleanup 173-346-700

(3) action and!or the location of the site.

. .These requirements are . specified in applicable state and federal laws and are generally established in conjunction with the selection ofa specific cleanup action. (b) For most sites, there are seyeral cleanup technologies orcombinations of

. cleanup technologies ("cleanup action

alternatives") that may be used to comply with cleanup standards at. individual sites. Otherparts ofthis rule govern the-··process for planning and deciding on the cleanup action to be taken at a site. For example, WAC 173-340-350 (State remedial investigation and feasibility study) (RI/FS) specifies the studies that are prepared to defme the nature and extent of contamination ("RI") and to identify and evaluate cleanup action alternatives ("FS"). WAC 173-340-360 (Selection ofcleanup actions) specifies the criteria for selecting the preferred alternative. WAC 173-340-410 specifies the monitoring required to assure that the remedy is effective. (c) The department recognizes that cleanup actions selected under WAC 173-340- 360 may involve containmentof.hazard-

. ous substances. In these cases, the cleanup action may be determined to comply with cleanup standards, provided the compliance monitoring program is designed to ensure the long-term integrity ofthe containment system, and

. the other requirements for containment

technologies in WAC 173-340-360(8)
are met. Three basic methods for establishing cleanup levels. These rules provide three approaches for establishing cleanup levels: (a) Method A: Tables. On some sites, the cleanup action may be routine (WAC 173-340-130) or may involve relatively few hazardous substances. Under Method A, cleanup levels for hazardous substances are established at concentrations at least as stringent as concentrations specified 

### in applicable state' and federal laws and TableS 1, 2, or 3 of this chapter. Method A cleanup levels for hazardous substances not addressed under applicable state and federal laws

or Tables 1, 2, or 3 are established at concentrations which do not exceed the natural background concentration orthe practical quantitation limit for the substance in question. (b) Method B: Standard method. Method B is the standard method for detennining cleanup levels for ground water, surface water, soil, and 

### air. Cleanup levels forindividual hazardous substances are established using applicable state and federal laws or the risk equations specified in WAC 173-340-720 through 173-340-750. For individual carcinogens, cleanup levels are based upon the upper bound of the estimated excess lifetime cancer risk of one 

### in one million (1 x 1

### <J6). For individual noncarcinogenic substances, cleanup levels are set at concentrations which are anticipated to result in no acute or chronic toxic effects on human health and the environment. Where a hazardous waste site involves multiple hazardous substances and/or multiple pathways of exposure, method B cleanup levels for individualsubstances must be modified in accordance with the procedures in WAC 173-340-708. Under this method, the total excess lifetime cancer risk for a, site shall not exceed one in one hundred thousand (l x 

### HJ s ) and the hazard index for substances with similar noncarcinogenic toxic effects shall not exceed one (1). (c) Method C: Conditional method. Compliance with cleanup levels developed under the method A or B may be impossible to achieve or may cause greater

(12/25/93) [Cb. 173-340 WAC-p 71]173-340-700 

### Model Toxics Control Ad-Cleanup

environmentalhann. In those situatlons,. method C cleanup levels for individual hazardous substances may be

.established on the basis of applicable

state and federal laws' and

# asite-specific risk assessment.

. Method C cleanup levels may also be established at industrial sites which meet the criteria in WAC 173-340-745; For individual carcinogens, method C Cleanup levels



### are based upon the upper bound ofthe

. estimated lifetime cancer risk of one in

one hundred thousand (I x 100s)

.. For individual noncarcinogenic substances, method C cleanup levels 

### are set at concentrations which 

### are anticipated to result in no acute or chronic toxic effects on human health and no significant adverse effects on the protection and propagation 'of aquatic and terrestrial organisms. Where a hazardous waste site involves multiple hazatdous substances and/or multiple pathways of 

### exposure, method C cleanup levels for individual substances mustbe modified in accordance with the procedures in WAC 173-340-708. Under this method, the total excess lifetime cancer risk for a site shall not exceed one in one hundred thousand (1 x 

### 100s ) and the hazard index for substances with similar noncarcinogenic toxic effects. shall not exceed one (1). (4) Additional requirements for setting cleanup levels. Several requirements apply to cleanups under any of the three basic methods

.. Some of these requirements, such as the identification of applicable state and federal laws, describe analyses used along with methods A, B or C in order to set cleanup levels for particular substances at a site. Others describe the technical procedures to be used. (a) Applicable state and federal laws. RCW 70.105D.030 (2)(d) requires the cleanup standards in these rules to be "at least as stringent as all applicable

lCb. 173-340 WAC-p 72] state and federal laws." In addition to establishing minimum requirements for C'

.. /', cleanup standards,

.applicable state and federal laws may also' impose certain technical and procedural 

### requirements for performing cleanup actions. These requirements 

### are described in WAC 173-340-710 and are similar to the' "ARAR" (applicable, relevant and appropriate requirements) approach of the federal superfund law. (b) Cross-media contamination. In some situations, migration of hazardous substances from one medium may cause contamination in a second media. For example, the release of hazardous substances in soilmay cause ground water contamination. Under methods A, B, and 'C, cleanup levels must 

### be established at concentrations which prevent violations of cleanup levels for other media following implementation of the cleanup action.

.(c) Risk assessment procedures. The anal- 

# C

yses performed under methods B and C use several factors for defining cleanup

### level~ for carcinogens and 

### noncarcinogens. The individual factors and procedures for modifying these factors based on new scientific information are specified in WAC 173-340-708 and 173-340-720 through 173-340-750. WAC 173-340-708 also provides rules for use ofindicator hazardous substances. (d) Natural background. Cleanup levels shall not exceed concentrations established under methods A, B, or C except where the natural background concentration is greater than the cleanup level established under those methods. In such situations, the cleanup level shall be established at a concentration equal to the natural backgroundconcentration. (5) Threshold criteria for all cleanup actions. 

# C

WAC 173-340-360 specifies that all cleanup

(12125/93)

### Model Toxics Control Act-Cleanup 173-340-700



### actions conducted - under this chapter shall protect human health and the environment, comply with cleanup standards and applicable state and federal laws, and provide for com- - pliance monitoring. These are the threshold

- criteria and all cleanup actions must meet these criteria regardless ofother factors such

.- as cost or technical limitations. /- (6) Measuring compliance. Setting cleanup standards also involves being able to 

### demonstrate that they have been met. This involves specifying where on the site the cleanup levels must be met ("points of compliance"), how long it takes for a site to meet cleanup levels ("restoration time frame"), and conducting sufficient monitoring to demonstrate that the cleanup standards have been met and -willcontinue to be met in the future. The provisions for establishing points ofcompliance are in WAC 173-340-720 through 173-340-750. The provisions for· establishing restoration time frames are in WAC 173-340-360. The compliance monitoring plan prepared under WAC**17~-34O-410** 

### specifies precisely how these are measured for each site. Wherecleanup levels are below the practical quantitation limit, compliance with cleanup. standards will be based upon the practical quantitation limit. (7) 

### Administrative principles- for cleanup standards. (a) Remedial actions under this chapter shall be conducted in a manner that isconsistent with this section. This section shall be used in combination with WAC 173-340-130, the more specific sections in Part 

## vn ofthis chapter and WAC 173-340-360.- (b) 

### Establishing cleanup standards and selecting an appropriate cleanup action involves many technical and public policy decisions. This chapter is intended to constrain the range of decisions needed to be 

### made on individual sites to promote expeditious cleanups.

(12125/93) 

### - (c) The act contains policies which state, in - part, each person has a fundamental and inalienable right to a healthful environ- - ment and it is essential that sites be

cleaned up well. Consistent with these policies, cleanup standards under this chapter shall be established which provide conservative estimates of human health and environmental risks which protect susceptible individuals as well as the general population. (d) Cleanup standards under this chapter shall be 

### established which protect human health and the environment for current and potential future site and

resource uses. - (e) Cleanup actions that achieve cleanup levels under methods A, B or C (as applicable) and comply with applicable state and federal laws shall be 

### presumed
to 

### beprotective ofhuman health and the environment. (t) Except as provided for in applicable state and federal laws, cost shall not be 

### a factor in determining what cleanup level is protective ofhuman health and the environment. In addition, where specifically provided for in this chapter, cost may be appropriate for certain other determinations related to cleanup standards such as point of compliance. Cost shall, however, be considered when selecting an appropriate cleanup action. (g) 

### At most sites, there is more than 

### one hazardous substance and more than one pathway for hazardous substances to get - into the environment. For many sites

there is more than one technology that could address each of these. When evaluating cleanup action alternatives it is appropriate to consider a representative range of technologies that could address each ofthese as well as different combinations of these technologies to accomplish the overall site cleanup.

[Ch. 173-340 WAC-p 73]

### 173-340-700**Mod~l** 

### Toxics Control Act-Cleanup

(l) 

### Purpose. This section defines the policies and principles that the 

### department shall utilize to

ensure that cleanup standards under this chapter are established and implemented in a scientifically and technically sound manner. (2) Relationship to federal cleanup .law; When evaluating cleanup actions performed under .the federal cleanup law, the department shall considerWAC 173-340-360and 173-340-700through 173-340-760 to be a legally applicable requirement under Section 121(d) of the Federal Cleanup Law. (3) Regulation update. The department shall review and, as appropriate, update WAC 173- 340-700 through. 173-340-760 no less frequently than once every five years. (4) Institutional controls. Institutional controls under WAC 173-340-440 shall be required 

# 0

whenever a cleanup action results in residual concentrations ofhazardous substances which exceed method A or method B cleanup levels, as applicable, orconditional points ofcompliance are approved by the department under WAC 173-340-720 through 173-340-760. Institutional controls shall also be required when cleanup levels are established under WAC 173-340-745; (5) Burden ofproof.. Any person responsible forundertaking a cleanup action under this chapter who proposes to establish a cleanup level under method C or a conditional point of compliance shall have the burden of demonstrating to the department that requirements in this part have been metto assure protection of human health and the environment. The department shall only approve cleanup levels under method C or conditional points of compliance .when it determines that that the person undertaking the cleanup actions. met . <, 

### this burden ofproof. 

# U (h) '. The 

### cleanup of a 

### particular media of a site will often affect.othermedia at the site. '." These cross-media impacts shall be considered when establishingcleanup standards and selecting a cleanup ac- . tion. Cleanup actions Conductedunder

this chapter shall. use appropriate engineering controls or other measures to minimize these cross-media impacts. / (i) In general, Cleanup levels must be met throughout a site before the site will be considered to be clean. A remedy that leaves hazardous substances on a site in

excess ofcleanup levels may qualify as a cleanup action as 

### long as the remedy is protective of human health and the environment, meets cleanup levels at specified points ofcompliance, complies with applicable state and federal laws, provides for adequate monitoring, and incorporates appropriate institutional controls. However, these rules are intended to promote thorough cleanups rather than long-term partial cleanups or containment measures. [Statutory Authority: Chapter70.1 05D RCW. 91- 04-019, §

### 173-340-700, med 1/28/91 , effective 2/28/91; 90-08-086, §

### 173-340-700, med 4/3/90, effective 5/4/90.] WAC 173-340-702 General Policies.

(1) Purpose. (2) RcIatiouIhip to federal clcanup law. (3) RquIaIico update. (4) Imlitutiooal cootrob. (S) Burden ofproof. (6) New scientificinformation

. / 

# o

tcs. 173-340 WAC-p 74] (12125/93)

### Model Toxles Control Act-Cleanup 173-340-704
(6) New scientific information

.. ,The department
, shall considernew scientific informationwhen**~..** establishing cleanuplevels forindividual sites..'

. In making

### a determination on,how to use this

new information, the department shall,as

" appropriate, consult with the science advisory

.

, board, the department of health, and the

United States Environmental Protection**~gen** cy.' / [Statutory Authority: Chapter 70.105D RCW. 91- 04-019, §173-340-702, filed 1/28/91, effective 2/28/91.]

. 

### WAC 173-340-704 Use ofMethod A. (1) Method A may be used to establish cleanup levels at the following types of sites: ' (a) Sites undergoing routinecleanup actions



### as defmed in WAC 1,73-340-130; or

. (b) Sites where numerical standards are available in this chapter or applicable state and federal laws for all indicator hazardous substances in all media of

concern. (2) Method A cleanup levels shall be established in accordance with the procedures in WAC 173-340-720 through 173-340-760. 

### Method A cleanup levels shall be at least 

### as stringent



### as all ofthe following: (a) Concentrations of individual hazardous substances listed in the tables. in WAC 173-340-720, 173-340-740, or 173-340- 745; (b). Concentrations of individual hazardous substances established under applicable state and federal laws; and (c) Forindividual hazardous substances not addressed under (a) and (b) of this subsection, concentrations that do not exceed natural background levels or the practical quantitation limit for the substance in question. (3) The' department may establish method A cleanup levels more stringent than those required by subsection (2) of this section, when based on a site-specific evaluation, the department determines that such levels are necessary to protect human health

.. and the , environment. (4) Caution on misusing method A tables. Meth

### od A tables have been developed for specific purposes. They are intended to provide conservative cleanup levels for sites undergoing routine cleanup actions orthose sites with relatively few hazardous substances. The tables may not be appropriate for defining cleanup levels at other sites. For these reasons, the values in these tables should not automatically be used to defme cleanup levels

(12/25/93) [eb. 173-340 WAC-p 75]

### Model Toxies Control Act-Cleanup

that must bemet-forfinancial.ireal estate.jnsurance coverage or placement, or similar transactions or purposes. Exceedances ofthe values in these tables do

_ not necessarily

_ trigger requirements for cleanup action under this chapter.

., . -

........... (5) 

### If there are any inconsistencies between this section and any specifically referenced sections, the referenced section shall govern. i·

- - [Statutory Authority: Chapter70.105D RCW. 91- 04-019, §173-340-704, filed 1128/91, effective 2/28/91.]

.

_ E

lCh. 173-340WAC-p 76] 

### WAC 173-340-705 

### Use of Method B. (1) Method B is applicable to all sites. It shall be

.

# 0_

.used to develop cleanup levels unless one or ._ more ofthe Conditions for using method A 

### or method C 

### are demonstrated to exist and the 

### personConducting the Cleanupaction elects to utilize that method

.. (2) Method B cleanup levels shall be established 

### In accordance with the procedures in WAC 173-340-720 through 173-340-760. Method B cleanup levels shall be at least as stringent

- as all ofthe following: (a) Concentrations of individual hazardous substances established under applicable state and federal laws; (b) Concentrations which 

### are estimated to result in no adverse effects on the protection and propagation of aquatic and terrestrial life;

- (c) For hazardous substances for which sufficiently protective, health-based criteria. or standards have not been established under applicable state and 

# 0,

federal laws, those concentrations which protect human health and the environment as determined by the following methods: (i) Concentrations which

### are estimated to result in no acute or chronic toxic effects on human health

as determined using a hazard quotient ofone (1) and the procedures specified in WAC 173-340- 720 through 173-340-760; (ii) For known or suspected carcinogens, concentrations for which the upper bound on the estimated

excess cancer risk is less than or equal to one in one million as determined using the procedures specified in WAC 173-340-720 through 173-340-760; and (iii) Concentrations which eliminate

or

### ~inimize**t~e ~tentialdfor**  food 

# 0

cham 

### contammation; an

(12/25/93)

### Model TexiesControl Ad-Cleanup', 

### i 73-340-706
(3) -The.idepartment .may establish method B**.~** 

### -cleanup levels that are more stringent than



### . those required by subsection (2) of this sec- '., tion, when based 

### upon a site-specific evalua-



### , .fion, the department determines that such



### .Ievels are necessary to protect human health

and the environment. (4) Concentrations of individual hazardous' sub-

, stances established under subsections (2) and

(3) of this section, including those based' on applicable state'and federal laws, shall be' adjusteddownward to take into account exposure to 

### multiple hazardous substances and/orexposure resulting from more than one pathway ofexposure. These adjustments 'shall be inade in accordance with the procedures in 'WAC 173-340-708. In 

### making these adjustments, the hazard index shall not exceed one (I) and the total excess cancer risk shall not exceed one in one hundred thousand. These overall limits on the hazard index and total

excess cancer risk shall also apply to sites where there is exposure to a single hazardous substance by one exposure pathway, including cleanup levels based on applicable state and federal laws. (5) If 

### there are any inconsistencies between thissection and any specifically referenced sections, the referenced section shall govern. [Statutory Authority: Chapter 70.105D RCW. 91- 04-019, § 

### 173-340-705, filed 

### 1/28/91, effective 2/28/91.] 

### WAC 173-340-706 Use ofMethod C. (l) 

### Method C cleanup levels represent concentrations which are protective of human health and the environment for specified site' uses. Method C cleanup levels may be established where the person undertaking the cleanup action can demonstrate that such'levels comply with applicable state and federal laws, that all practicable methods of treatment are utilized, that institutional Controls are implemented in accordance with WAC 173-340- 440, and that one or more of the following conditions exist: (a) Where method A or B cleanup levels are below area background concentrations, method C cleanup levels may be established at concentrations that are 'equal to area background concentrations, but in no case greater than concentrations specified in subsection (2) of this section; (b) 

### Where attainment of method A 

### or B cleanup levels has the potential' for creating a significantly greater overallthreat to human health or the environment than attainment of method C cleanup levels established under this chapter, method C cleanup levels may be' established at concentrations which minimize those overall threats, but in no case greater than concentrations specified in subsection (2) of this section. Factors that shall be considered in making this determination Include: (i) Results of a site-specific risk assessment; (ii) Duration ofthreats; (iii) 

### Reversibility of threats; (iv) Magnitude of threats; and (v) Nature ofaffected population. (c) Where method A or B cleanup levelsare below technically possible concentrations, method C cleanup levels may be established at the technically possible concentrations, but in no case greater

(12125/93) 

## tcs. 173-340WAC-p 77]

### 173.:.340-706 ,Model Texies Control Ad-Cleanup

than levels Specified in subsection (2) of'

,. ,. this section; or, '_, ' '(d) .The site isdefmed as an industrial site and
,meets the criteria for establishing soil cleanup levels' under WAC 173- 340-745

.. (2) Method C cleanup levels shall be established in accordance 

### withthe procedures in WAC 173-340-720'through 173-340-760. Method C cleanup'levels shall be at least as stringent as all ofthe following: (a) Concentrations established under applicable state andfederal laws; (b) Concentrations which are estimated to result in no significant adverse effects

on the protection and propagation of aquatic and terrestrial life; (c) For hazardous substances for which sufficiently protective, health-based criteria or standards have not been established under applicable state and federal laws, those concentrations which

are protective of human health and the environment as determined by the following methods: (i) Concentrations which are estimated to result in. no

.significant adverse acute or chronic toxic, effects on human health as esti-

.mated using a hazard quotient of one (1) and the procedures defmedin WAC 173-340-720 through 173-340-760; (ii) For known or suspected carcinogens, concentrations for which the upper bound on the estimated

excess cancer risk is less than or equal to one in one hundred thousand as determined using the procedures defined in WAC 173- 340-720 through 173-340:-760; and '

, (iii) Concentrations which eliminate

orminimizethe potential for food chain contamination.

[Cb. 173-340WAC-p 78] (3) The department may establish method C cleanup levels 

### thatare more stringent than those required by subsection (2) of this sec- 

# 0 '

,tion when'based upon a site-specific evaluation, the department determines that such levels are necessary to protect human health and the environment. (4) Concentrations of individual hazardous substances established under subsections (2) and (3) ofthis section, including those based on applicable state and federal laws, shall be adjusted downwardto take into account exposure to multiple hazardous substances and/or exposure resulting from more than one pathway ofexposure. These adjustments shall be made in accordance with WAC 173-340-708. In making these adjustments, the hazard index shall not exceed one (1) and the total excess

cancer risk shall not exceed one 'in one hundred thousand.' These overall limits on the hazard index and total excess cancerrisk shall also apply to sites where there is exposure to a single hazardous substance by one exposure pathway, including cleanup levels based on 

# 0 applicable state and federal laws.. (5) If there are any inconsistencies between this subsection and any specifically referenced sections, the referenced section shall govern. [Statutory Authority: Chapter70.105D RCW. 91- 04-019, §173-340-706, ftled 1/28/91, effective 2/28/91.]



# o

(12125/93)

### Model Toxies Control Act-Cleanup 173-340-707

WAC 173-340-707

. .'.,Analytical Considerations. (1) Analytical methods used

## toevaluate the effectiveness ofa cleanup action shall comply with '., the requirements in WAC 173-340-830. 

### (2) The department recognizes that there may be situations where a hazardous substance is not detected or is detected at a concentration below the practical quantitation limit utilizing sampling and analytical' procedures which comply with the requirements ofWAC 173-

### 340-830~ If 

### those situations arise and the practical quantitation limit is higher than the cleanup level for that substance, the cleanup level shall be 

### considered to have been attained, subject to subsection (4) 

### of this section, only when the more stringent of the following conditions are met: (a) The practical quantitation limit is no greater than ten times the method detec-' tion limit; or (b) 

### The practical quantitation limit for theparticular hazardous substance, medium, and analytical procedure is no greater than the practical quantitation limit established by 

### the United States Environmental Protection Agency and used to establish requirements in 40 

### CFR 136, 40 

### CFR 141 

### through 143, 

### or 40 CFR 260 

### through 270. 

### (3) In cases where a cleanup level required bythis chapter is less than the practical quantitation limit using 

# an approved analytical procedure, the department may also require

one or more ofthe following: (a) Use ofsurrogate measures of-hazardous substance contamination; (b) 

### Use or development of specialized sample collection or analysis techniques to improve the method detection limit or practical quantitation limit for the . hazardous substances at the site; or(c) Monitoring to assure that the concentratim} of a hazardous substance does not exceed detectable levels.

(12125/93) 

### (4) When the practical quantitation limit is above'the cleanup level, the department shall consider the availability of improved analytical techniques when performing periodic reviews under WAC 173-340-420.

. 

### Subsequent to those reviews, the departmentmay require the

use of improved .analytical 

### techniques with lower practical quantitation limits and other appropriate actions. [Statutory Authority: Chapter 70.105D 

### RCW. 91': 04-019, § 

### 17l

..340-707, filed 

### 1/28/91, 

### effective 2/28/91.]

[Cb. 173-340 WAC-p 79] .

# o to move into. and through environmental media; The natural'background concentrations of the hazardous substance' I 

### , The thoroughness of testing for the hazardous substance at'the site; . (v) (iv)

(vi) The frequency that the hazardous substance has been detected at the site; and (vii) Degradation by-products of the hazardous substance. (c) When the department determines that the use ofindicatorhazardous substances is appropriate for a particular site,it may also require biological testing to address potentialtoxic effects associated with hazardous substances eliminated from consideration under this subsection. Reasonable maximum exposure. (a) Cleanup levels shall be based on esti- 

# 0

mates of. current and future resource.uses and reasonable maximum exposures expected to occur under both current and potential future site use conditions. (b) The reasonable maximum exposure is defmed as the highest exposure that is reasonably expected to occur at a site under current and potential future site

use. 

### Vi AC 173-340-720 through 173- 340-760defme the reasonable maximum exposures for ground water, surface water, soil, and air. These reasonable maximum exposures will apply.to most sites where individuals or groups of individuals are or could be exposed to hazardous substances. Forexample, the reasonable maximum exposure for most ground water is defmed as exposure to hazardous substances in drinking water and other domestic uses. 

# C ./ (3) When defining cleanup requirements at a site that is contaminated with a large number of hazardous substances, the department may eliminate from consideration those hazardous substances that contribute a small percentage of the overall threat to human health and the environment. The remaining hazardous substances shall serve as indicator hazardous substances forpurposes ofdefming site cleanup requirements. (b) . If the department considers this approach appropriate for a particular site, the factors evaluated when eliminating individual hazardous substances from further consideration shall include: (i) The toxicological characteristics of the hazardous substance that

. influence its ability to adversely

affect human health or the environment relative to the concentration ofthe hazardous substance at the site; (ii) The. chemical and physical characteristics of the hazardous substance which govern its tendency
to persist in the environment; (iii) The chemical and physical characteristics of the hazardous substance which govern its tendency (a) (1) Purpose. This section defmes the risk assessment framework that the department will utilize to establish cleanup levels. (2) Selection ofindicator hazardous substances. 

### 173..;340-708 Model Toxics Control Act-Cleanup

WACI73-340-708·. Human Health Risk

.:,'

,i.':'**,:f"·!·-:-"~'k~'·.·-·** 

### Assessment Procedures.

(1)**Purposc~** "'.**~..** ,. 0 ••• " i;-;- ".. : :: -=
. (2). SclcctiOn of iadicatDr bazanIoua 1UbataDcc:a.
, (3) Rcasooablc maximum'czpoIUI'C.

. . ;. (4) Cleanup levelsfor iDdividual**bazard~ iub~.**  (5) Multiple bazardouI**~.** (6) Multiple palhway. ofexposure.

. (7) RefC1'CllCC doses.

. (8) Carcinogenic potcDCy flU:tDr. (9) BiOCOl1CClltratioo factors, (10) Exposure paramctcn. (11) Mctbocb for derming background CODCCOtraliODl. (12) Significant figures.



### res. 173-340WAC-p 80] (12125/93)

### Model 'I'exles Control Ad-Cleanup 173-340-708

!;

. 

### (c) _ :.}lersons

### r- 

### performing cleanup actions -,: .under

### this chapter may utilize the evalu-



### . ation criteria in WAC .173-340-720

through.· 173-340-760 to

.demonstrate that the reasonable maximum exposure scenarios specified in those sections are not appropriate for a particular site. The use ofan alternate exposure scenar- ".io shall 

### be documented by the.Person

performing the .cleanup action. Documentation for the use ofalternate exposure scenarios shall be based 

### on the results of investigations performed in accordance with Wf:t..C 173-340-350. (d) Individuals orgroups ofindividuals may 

### be exposed to hazardous substances through more than one exposure pathway. For example, a person may be 

### exposed to hazardous substances from a site by drinking contaminated ground water, eating contaminated fish, and breathing contaminated 

### air. At sites where the same individuals orgroups of individuals are or could be consistently exposed through more than one path-· way, the reasonable maximumexposure shall represent the total exposure through all ofthose pathways. At such sites, the cleanup levels derived for individual pathways under WAC 173- 340-720 through 173-34Q.,.760 shall be



### .adjusted downward to take into account

multiple exposure pathways.(4) Cleanup levels for individual hazardous substances. Cleanup levels for individual hazardous substances will generally be based on a combination of requirements in applicable state and federal laws and risk assessment. (5), 

### Multiple hazardous substances

.. (a) Cleanup levels for individual hazardous substances established under methods B and C shall be adjusted downward to take into account exposure to multiple hazardous substances. Adverse effects resulting from exposure to two or more hazardous substances with similar types

(12125/93) 

### . of toxic response are assumed to 

### be additive unless scientific evidence is available to demonstrate otherwise

. (b) 

### Cancer risks resulting from exposure to two ormore carcinogens are assumed to 

### be additive unless scientific evidence is available to demonstrate otherwise.

_ (c) For purposes of establishing. cleanup levels for noncarcinogens under methods B and C, the healththreats resulting from exposure to two or more hazardous substances with similar types 

### of toxic response may be apportioned between those hazardous substances in any combination as long as the hazard index does not exceed one (1). (d)

.For purposes of establishing cleanup levels for carcinogens under methods B and C, the cancer risks resulting from exposure to multiple hazardous substances may be apportioned between hazardous -substances in any combination as long as the total excess
cancer risk does not exceed one'

### in one' hundred thousand. (e) The department may require biological testing to assess the potential interactive effects associated with chemical 

### mixtures. (6) Multiple pathways ofexposure. (a) Estimated doses ofindividual hazardous substances resulting from more than one 

### pathway ofexposure are assumed to be 

### additive unless scientific evidence is available-to demonstrate otherwise. (b) 

### Cleanup levels based on one pathway of exposure shall be adjusted downward to take into account exposures from more than one exposure pathway. The number ofexposure pathways considered ata given site shall be based on the reasonable .maximum exposure scenario as defmed in WAC 173-340-708(3). (c) For purposes of establishing cleanup levels for noncarcinogens under

[Ch. 173-340 WAC-p 81]

### .**17~340-708** 

### . Model Texles ControlAct:"'Cleanup :

(t)

(g) , (e)

. 

### .: methods B 

### and C, the health

### threats

,.: :, ,associated with exposure via multiple pathways may be 

### apportioned between , exposure pathways,in any combination

as long, as the hazard index does not exceed one (1). '
, 

### (d) For purposes of establishing Cleanup, levels for carcinogens under methods 

### B and C, the cancer risksassociated with exposure via multiple pathways may be 

### apportioned between exposure pathways in any' combination as long as the total excess cancer risk does not exceed one in one hundred'thousand. (7) 

### Reference doses. (a) The chronic reference dose and the developmental reference dose 'shall· be used to establish cleanup levels under this chapter. Cleanup levels shall be 

### established using the value which results in the most protective concentration. (b) 

### Inhalation reference doses shall be

### used in WAC 173-340-750. Where the inhalation reference dose is 'reported as

. a concentration in air, that value shall

be

### converted to a corresponding inhaled intake (mg/kg-day) using a human body weight of 70 kg and an, inhalation rate of 20 m3/day. 

### (c) 

### A subchronic reference dose may beutilized to evaluate potential noncarcinogenic effects resulting from exposure to hazardous substances over short periods of time. This value may be used in place of the chronic reference, dose where it can be demonstrated that

a particular hazardous substance will degrade to negligible concentrations during the exposure period. (d) For purposes of establishing cleanup levels for hazardous substances under this chapter, a reference dose established by the,United States Environmental Protection Agency and available through the "integrated risk information systemn 

### data base shall be 

### used unless

tcs, 173-340 W AC-p 82] (8) 

### the department determines 'that there is clear and convincing scientific data

.which demonstrates that the use of this

., value is'inappropriate

.. If 

### a reference: dose is 

### not

## avanabl~ through 

### the "integrated 

### risk infortnation systemn 

### or is demonstrated to be 

### inappropriate under (d) ofthis subsection, a , reference dose shall be established



### utilizing the methods described in Risk Assessment Guidance for Superfund. Human Health Evaluation Manual, Part 

### A. (October 1989.)
, 

### In estimating a reference dose for a hazardous substance under (e) of this subsection, the department shall consult with the science advisory board, 

### the department of health, and the United 'States Environmental Protection Agency. Where a reference dose other than those established'under (d) ofthis subsection is used to establish a cleanup level at individual sites, the department shall summarize the scientific rationale for the use of those values in the cleanup action plan. The department shall provide the opportunity for public review and comment on this value in accordance with the requirements of WAC 173-340-360 and 173-340-600. Carcinogenic potency factor. (a) For purposes of establishing cleanup levels for hazardous substances under this chapter; a carcinogenic potency factor established by the United States Bnvironmental Protection Agency and available through the "integrated risk information systemII 

### data base shall be used unless the department determines that there is clear and convincing scientific data which demonstrates that the

use ofthis value is inappropriate. (b) If 

### a carcinogenic potency factor is not available through the "integrated risk information system" or is demonstrated

(12/25/93) 

# c



# o

o- (9) Bioconcentration factors. (a) For purposes of establishing cleanup levels for a hazardous substance under WAC 173-340-730, a bioconcentration factor established by the United States Environmental Protection Agency and utilized to establish the ambient water quality criterion for that substance under section 304 of the Clean Water Act shall be used unless the department determines that there is clear and 173-340-708
appropriate.

- .The slope of the dose response curve for the test species shall 

### be multiplied by this scaling factor 

### in order to obtain the carcinogenicpotency factor, except where such scaling factors are incorporated into the extrapolation model under (B) ofthis subsection. Where adequate pharmacokinetic and - metabolism

- studies are available, data from these studies may 

### be utilized to adjust the interspecies scaling factor. _(c) In estimating a carcinogenic potency factor for a hazardous substance under (b) of this subsection, the department shall consult with the science advisory board, the department ofhealth, and the 'United States Environmental Protection Agency. (d) Where a carcinogenic potency factor other than that established under-(a) of this subsection is used to establish cleanup levels at individual sites, the department shall summarize the scientific rationale for the use ofthat value in the cleanup action plan. The depart-

.ment shall provide the opportunity for public review and comment on this value in accordance with the require-·
ments of WAC 173-340-360 and-173- 

### 340-600. Model Toxics Control"Act-Cleanup

.

to 

## be inappropriate under (a) of this subsection,one of the following methods shall be utilized. to establish a carcinogenic potency factor: (i) The carcinogenic potency factor may be derived from appropriate human epidemiology data on a case-by-case basis; or (ii)The carcinogenic potency factor may be derived from animal bioassay data using the following procedures: (A) .All carcinogenesis bioassays shall 

### be reviewed and data of appropriate quality shall be used for establishing the carcinogenicpotency factor. (B) The linearized multistage extrapolation model shall be utilized to estimate the slope of the dose-response curve unless the department determines that there is clear and convincing scientific data which demonstrates that the

use of an alternate extrapolation model is more appropriate; (C) All doses shall be 

### adjusted
to give an average daily dose over the study duration; and (0) An interspecies scaling factor shall be used to take into account differences between animals and humans. This scaling factor shall be based on the assumption that milligrams per surface area is an equivalent dose between species unless the department determines there is clear and 

### convincing scientific data which demonstrates that an alternate procedure is more

(12/25/93) [Cb. 173-340WAC-p 83]**173-3~708** 

### .Model Toxies Control**Aet~Cleanup** 

### ..

-r, '.4**;,_,~(.** : 

### convincing scientific data which demon-

"**~;!;"** 

### strates

0

### that the use ofan alternate value

" "is' more appropriate. (b)

### ~. WhenuiliiziJigabioconcentration factor other than that utilized to establish the

. ambient water'quality criterion, the

department shall consult with the science advisory board, the department of

.health, and the United States Environmental Protection Agency. (c) Where a bioconcentration factor other than 

### that established under (a) of this subsection is used to establish cleanup levels at individual sites, the department shall summarize the scientific rationale for the use of that factor in the draft .cleanup action plan. The department shall provide the opportunity for public review and comment on the value in accordance with the requirements of WAC 173-340-360 and" 173-340-600. (10) Exposure parameters. (a) As a matter of policy, the department has defined the exposure parameters to be 

### used when establishing cleanup levels under this chapter. With the exceptionofthe parameters identified in (b) 

### ofthis subsection, these parameters shall. not be 

### modified for individual hazardous substances or sites ina manner which results in a less stringentcleanup level. The scientific and technical basis for these parameters shall be 

### reviewed when updating this chapter under WAC 173-340-704(3). (b) 

### The department may approve the use of values other than those specified in WAC**173-340~720** 

### through 173-340- 760 where there is clear and convincing scientific data which demonstrates that

one or more of the following parameters should be 

### modified for an individual hazardous substance or site: (i) Gastrointestinal absorption rate; (ii) " Inhalation correction factor;



### res, 173-340 WAC-p 84) " 0; (iii) 0

### Bioconcentration factor; or, (iv) fuhaIation absorption rate. 

# 0
(c) Where exposure parameters other than 

### those established under WAC 173-340- 720' through 173-340-760 are usedto establish cleanup levels at individual sites," the department shall summarize the scientific rationale for the use of those parameters in the cleanup action plan. The department shall provide the opportunity for public review and como 

### ment on those values in accordance with the requirements ofWAC 173-340-360 and 173-340-600.(11) Methods for defining background concentrations. (a)' Sampling of hazardous substances in background areas may be 

### conducted to 

### distinguish site-related concentration from nonsite related concentrations of hazardous substances or to support the development of a method C cleanup level under the provisions ofWAC 173- 

# 0

340-706. Forpurposes of this chapter, two types of background may be 

### determined, natural background and area background concentrations. (b) 

### For purposes of defining background concentrations, samples shallbe

### collected from areas that have the same basiccharacteristics as the medium of concern at the site, have not been influenced by releases from the site and, in the case ofnatural background concentrations, have not been influenced by releases from other localized human activities. (c) The statistical method used to evaluate available data shall be 

### appropriate forthe distribution of each hazardous substance. If 

### the distribution of the haz

### ardous substance data is inappropriatefor statistical methods based on a normal distribution, then the data may be 

# CO)
transformed. If 

### the distributions of individual hazardous substances differ,

(12/25/93)"

### Model Toxics Control Act-Cleanup' 173-340-708

(12) . 1. -, ,; more than one statistical method may be

- ,; required at a site.- In general, :appropri-
- ate statistical methods include the following: (i) -, A toierance interval procedure in which an interval for each haz- - ardous substance is established from the distribution of background data and the cleanup level of each hazardous substance is compared to the lower tolerance limit; and (ii) Other" statistical methods proposed

- by the person undertaking the cleanup action and approved by the department. (d) 

### If a tolerance interval approach is used
to evaluate natural background data, the tolerance interval shall have a coverage of ninety-five percent and a tolerance coefficient of ninety-five percent. When determining natural background concentrations, sample size of ten or
more background soil samples shall be required. When determining area background concentrations, a sample size of twenty or more soil samples shall be required. The number of samples for other media shall be sufficient to provide a representative measure of background concentrations and shall be determined on a case-by-ease basis. (e) For purposes of estimating background concentrations, values below the method detection limit shall be assigned a value equal to one-half of the method detection limit. Measurements above the method detection limit, but 'below the practical quantitation limit shall be assigned a value, equal to the method detection limit. The department may approve the use of alternate statistical

- procedures for handling- data below the method detection limit or practical quantitation limit. Alternate statistical procedures may include probit analysis and regression analysis. Significant figures. Risk assessment results shall be presented using one 

### significant.figure, [Statutory Authority: Chapter 70.105D RCW. 91-

- ()4:.019, §173-340-708, 

### filed 1/28/91, effective

2/28/91.]**~~** :"

-;

(12125/93) lCh. 173-340 WAC-p 8S]173-340-710 

### Model Toxics Control Act-Cleanup



# o o· Whetherthe entities or interests affected

or protected by the requirement are similarto the entities or interests affected by the site;
Whether the actions or activities regulated by the requirement are similar to the cleanup action contemplated at the site;
Whether any variance, waiver, or exemption to the requirements are available for the circumstances ofthe site;
Whether the type of place regulated is similar to the site;
Whether the type and size of structure

or site regulated is similar to the.type

. and size of structure or site affected by

the release or contemplated by the cleanup action; and
Whether any consideration of use or potential use ofaffected resources in the requirement is similar to the use or potential use of the resources affected by the site or contemplated cleanup action. (h)

(i) (g) (t) (e) (d) (c) identifies several requirements the department

.shall consider relevant and appropriate for establishing cleanup standards.

. For other regulatory requirements, the followingcriteria

. shall be evaluated, where pertinent, to deter-

.mine whether such requirements are relevant and. appropriate for a· particular hazardous

.. substance, remedial action, or site:

.

(a) Whether the purpose for which the statute or regulations under which the requirement was created is similar to the purpose ofthe cleanup action; (b) Whetherthe media regulated or affected by the requirement is similar to the media contaminated or affected at the site;
Whether the hazardous substance regulated by the requirement is similar to the hazardous substance found at the site;

(3) Relevant and appropriate requirements. Relevant and appropriate requirements include those cleanup standards, standards ofcontrol, and other environmental requirements, criteria, or limitations established under state or federal law that, while not legally applicable to the hazardous substance, cleanup action, location, or other circumstance at a site, address problems or situations sufficiently similar to those encountered at the site that their use is well suited to the particular site. WAC 173-340-710 through 173-340-760 (1) Applicable state and federal laws

.. c (a)· All cleanup actions conducted underthis chapter shall .comply with applicable state andfederal laws. Forpurposes of this chapter, the term. "applicable state and federal laws" shall include legally applicable requirements and those requirements that the department determines, based on consideration of the criteria in subsection (3) ofthis section,

are relevant and appropriate requirements. (b) The person conducting a cleanup action shall identify all applicable state and federal laws. The department shall make the fmal interpretation on whether these requirements have been correctly identified and are legally applicable or relevant and appropriate. (2) Legally applicable requirements. Legally applicable requirements include those cleanup standards, standards of control, and other environmental protection requirements, criteria, or limitations promulgated under state or

. federal law that specifically address a hazardous substance, cleanup action, location or other circumstances at the site. (I) Applicable alate and federal laws.

. (2) Lqally.applicable RqUircmcnla. (3) Relevant and appropriate rcqimcmcntl. (4) Variances. (S) NeW rcquimDcnta. (6) Selection ofcleanup actiOlll. (T) Interim llCtiOlll. 

### WAC 173-340-710 

### Applicable State and Federal Laws.

[Ch. 173-340WAC-p 86] (12/25/93)

### Model Toxics Control Act-Cleanup 173-340-710

. (4)

(5)

(6) Variances. For purposes of this chapter, a regulatory variance or waiver provision included in an applicable state and federal law shall 

### be considered potentially applicable to interim actions and cleanup actions and the department may determine that a particular regulatory variance or waiver is appropriate 

### if the substantive conditions for such a regulatory variance or waiver are met. In all such cases, interim actions and cleanup actions shall 

### be protective of human health and the environment. New requirements. The department shall consider new applicable state and federal laws as part of the periodic review under WAC 173-340420. Cleanup actions shall 

### beevaluated in light of these new requirements to determine whether the cleanup action is still protective of human health and the environment. Selection ofcleanup actions. To demonstrate compliance with WAC 173-340-360, cleanup actions shall comply with all applicable state and federal laws in addition to the other requirements ofthis chapter. The following, which is not a complete list.. are selected applications of. specific applicable state and federal laws to cleanup actions. (a) Water discharge requirements. Hazardous substances 

### which are directly or indirectly released or proposed to be released to waters of the state shall 

### be provided with all known, available and reasonable methods oftreatment consistent with the requirements of chapters 90.48 and 90.54 RCW and the regulations that implement those statutes. (b) Air emission requirements. Best available control technologies consistentwith the requirements ofchapter 70.94 RCW and the regulations that implement this statute shall 

### be applied to releases of hazardous substances to the 

### air resulting from cleanup actions at a site. (c) Solid waste landfill closure require-:
ments. For solid. waste landfills, the solid waste closure requirements in chapter 173-304 WAC shall 

### be minimum requirements for cleanup a,ttions· conducted under this chapter. 

### Ii1 addition, when the department determines that the closure requirements in chapter 173-303 WAC are applicable requirements, the more stringent closure requirements under that 

### law shall also apply to cleanup actions conducted under this chapter

.. (d) Sediment management

.requirements. Sediment cleanup actions conducted underthis chapter shall comply with the sediment cleanup standards in chapter 173-204 WAC. In addition, a state remedial investigation/feasibility study conducted under WAC 173-340-350 shall also comply with the cleanup study plan requirements under chapter 173:- 204 WAC. The process for selecting sediment cleanup actions under this chapter shall comply with the requirements 

### in WAC 173-340-360. (7) Interim actions. Interim actions conducted under this chapter shall comply with legally applicable requirements. The departmentmay also determine, based on the criteria 

### in subsection (3) ofthis section, that other requirements, criteria, or limitations 

### ate relevant and appropriate for interim actions. [Statutory Authority: Chapter 70.105D RCW. 91- 04-QI9, §173-34O-710, filed 1/28/91, effective 2/28/91.]

(12/25/93) lCb. 173-340 WAC-p 87]

### 173-340-720 

### Model Toxics ControfAd-Cleanup
,. WAC 173-340-720 ' 

### Ground Water Cleanup**.~.\-** 

### Standards. .;'
(1) General considerations. (2) Method A c1caDup levels.

. (3) Method B clean;.p levels.'

. (4) Method C cleauup levels. (5) Multiple bazardoua subatanccalmultiple pathway. of eapoIUrC. (6) Point of compliance. (1) 1DhaIItion correctioo facton. (8) Compliance mooitoriDg. (1) General considerations. (a) Ground water cleanup levels shall be based on estimates ofthe highestbeneficial use and the reasonable maximum exposure expected to occur under both
current and potential future site use conditions. The department has determined that for most sites drinking water is the beneficial use requiring the highest quality of ground water and that exposure to 

### hazardous substances 

### via ingestion of drinking water and other

- domestic uses represents the reasonable maximum exposure. In the event of a release ofa hazardous substance, treatment, removal, or containment measures shall be conducted to reduce the concentration of the hazardous substance in ground water to a concentration consistent with this use unless the following can be demonstrated: (i) The ground water does not serve

as a current source of drinking water; (ii) The ground water is not a potential future source of drinking water for any of the following

reasons: (A) The ground water is present in insufficient quantity to yield greater than 0.5 gallon per minute on a sustainable basis to a well constructed in compliance with chapter 173-160 WAC and in accordance with normal domestic water well construction

lCh. 173-340 WAC-p 88] . .-

(b) ,Ii practices for the area in which the site is located; 

### (BY' The ground water contains 

# 0

• <; natural background 

### concentrations' of organic or

### inor~ . ganic

.constituents which. make use of the water 

### for drinking not practicable. Ground water containing total dissolved solids at concentrations greater than 

### 10,000 mg/l shall normallybe considered to have fulfilled this requirement; or (C) The ground water is situated at a great depth or location which makes recovery of water for drinking water purposes 

### technically impossible; and (iii) The department determines it isunlikely that hazardous substances will be transported from' the contaminated ground water to 

# 0 ground water that is a current or potential future source of drinking water, as defined in (a)(ii) of this subsection, at concentrationswhich exceed ground water quality criteria published in chapter 173-200 WAC; or (iv) More stringent concentrations are necessary to protect human health

or the environment.
In making a determination under (a)(iii) ofthis subsection, the department shall consider site-specific factors including:

. (i) The extent of affected ground water; (ii) The distance to existing water supply wells; (iii) The likelihood ofinterconnection due to well construction practices in the area ofthe state where the 

# 0
site is located;

(12/25/93)

### Model "Toxics Control Act-Cleanup 173-340-720
(iv) The physical and chemical characteristics of the hazardous substance; (v) ..-Thehydrogeologic characteristics ofthe site; (vi)' Thepresence ofdiscontinuities in the affected geologic stratum; and (vii)

.

### The degree ofconfidence

### in/~y predictive modeling performed. 

### (c) The department recognizes 

### that there may be sites where there is an extremely low probability that ground water classified as

.potential future source of drinking water under (b) 

### ofthis subsection will actually be 

### used for that purpose (i.e. t 

### the shallow ground waters on Harbor Island). At such 

### sites, the . department may approve ground water

cleanup levels that are 

### based on protecting beneficial uses of adjacent surface water 

### if the person' undertaking the cleanup action 

### can demonstrate all of the following: (i) There are known 

### or projected points of entry of the ground water into the surface water; (ii) 

### The surface water is not classified as a suitable domestic water supply source under chapter 173- 201 WAC; . (iii) 

### Ground water flows into surfacewaters will result in no exceedances of surface water cleanup levels at the point of entry or at any downstream location where it is reasonable to believe thathazardous substances may accumulate; (iv) The cleanup action includes institutional controls that will prevent the use of contaminated ground water at any point be-

..tween the source of hazardous

substances and the point(s) of

(12125/93) 

### entry ofthe ground water into the surface water; and (v) 

### The department determines it is

. unlikely that hazardous 

### substances will be transported 

### from the contaminated' ground water. to ground water. that is a current. or potential future source of drink-



### . ing watert 

### as defined 

### in (b) 

### of

this 

### subsection, at concentrations which exceed groundwaterquali

### ty criteria published in chapter 173-200 WAC. (d) Where more stringentcleanup levels 

### are necessary to protect beneficial uses of ground water otherthan 

### drinking watert 

### the cleanup level shall be established by the department under methods B or C

as appropriate. (e) Releases of hazardous substances to ground waters of the state shall not directly orindirectly cause violations of surface water, sediments, 

### soil, or .air 

### cleanup standards established under.this chapter or other applicable state and federal laws. (2) 

### Method A cleanup levels. (a) Where. the ground water is a current or potential future source of drinking water, method Acleanup levels shall be at least as stringent as all ofthe following: (i) Concentrations listed in Table 1:

[Ch. 173-340 WAC-p 89]

### 17J.:.340-720 Model Toxics Control Act-Cleanup·

Table I ,:,i : '

Method A Cleanup Levels

- Ground Water-

/

. Hazardous Substance

Arsenic. Benzene Cadmium Chromium (Total) 'DDT

I**~2** Dichloroethane Ethylbenzene Ethylene dibromide Gross Alpha Particle Activity Gross Beta Particle Activity Lead Lindane Methylene chloride Mercury PAHs (carcinogenic) PCB mixtures, Radium 226 and 228 Radium 226 Tetrachloroethylene Toluene Total Petroleum Hydrocarbons I ,I ,I Trichloroethane Trichloroethylene Vinyl chloride Xylenes

. CAS Number

7440-38-2 71-43-2 7440-43-9 7440-47-3 50-29-3 107-06-2 100-41-4 106-93-4

7439-92-1 58-89-9 75-09-2 7439-97-6

127-18-4 108-88-3

71-55-6 79-01-5 75-01-4 1330-20-7 Cleanup Level

5.0 ug/liter' 

### 5.0 ug/litef 5.0 ug/litet' 50.0 ug/Iiter' 0.1 ug/liter' 5.0 

### ug/liters 30.0 ug/liter" 

### 0.01 ug/liter' 15.0 pCilliteri 

### 4.0 

### mrem/yt 5.0 ug/Iiter' 0.2 ug/liter" 5.0 

### ug/liter' 2.0 ug/liter" 0.1 ug/Iiter" 0.1 

### ug/liter' 5.0 p,Cilliter 3.0 pCillitef 

### 5.0 ug/liter' 

### 40.0 ug/liter' 1000.0 

### ug/liter" 200.0 ug/liter" 5.0 ug/liter' 0.2 ug/liter" 20.0 ug/liter' 

# o :".**~:** .

• Caution on misusing method A tables. Method A tables have been developedfor specific purposes. They

, are intended to provide conservative cleanup levels for sites undergoing routine cleanup actions orthose sites

with relatively few hazardous substances. The tables may not be appropriate for defining cleanup levels at other sites. For these reasons, the values in these tables should not automatically be used to defme cleanup levels that must be met for financial, real estate, insurance coverage or placement, or similar transactions

or purposes. Exceedances ofthe values in these tables do not necessarily trigger requirements for cleanup

, action under this chapter.

b Arsenic. Cleanup level based on background concentrations for state ofWashington.

C Benzene. Cleanup level based on applicable state and federal law.

d Cadmium. Cleanup level based on applicable state and federal law and concentration derived using procedures in subsection (3)(a)(ii)(A) ofthis section and a hazard quotient of0.2.

C Chromium (Total). Cleanup level based on applicable state and federal law. 

# ()

leb. 173-340WAC-p 90] (12125/93)

### Model Toxics Control Ad-Cleanup 173-340-720

f 

### DDT. Cleanup levels based on concentration derived using procedures in subsection (3)(a)(ii)(B) ofthis section. .

. ,:;:'

.. . 

# e: 1,2 Dichloroethane. Cleanup level based on applicable state and federal law. Bthylbenzene. Cleanup level based on applicable state and federal law and prevention ofadverse aesthetic characteristics.

. , Ethylene ·dibromide. Cleanup level based on concentration derived using procedures in subsection (3)(a)(ii)(B)ofthis' section and modified based on analytical considerations

.. Gross Alpha Particle Activity, excluding uranium. Cleanup level based on applicable state and federal law.

t 

### Gross Beta Particle Activity, including gamma activity. Cleanup level based on applicable state and federal

. law. .

I 

### Lead. Cleanup level based on applicable state and federal law and prevention ofunacceptable blood lead levels.

m .

### Lindane. Cleanup level,based'on concentration derived using procedures in subsection (3)(a)(ii)(B) ofthis section.

n 

### Methylene chloride. Cleanup level based on concentration derived using the procedures in subsection (3)(a)(ii)(B) ofthis section.

.

o 

### Mercury. Cleanup level based on applicable state and federal law.

P 

### PARs (carcinogenic). Cleanup level based on concentration derived using procedures in subsection (3)(a)(ii)(B)ofthis section and modified based on analytical considerations.

q 

### PCB mixtures. Cleanup level based on concentration derived using procedures in subsection (3)(a)(ii)(B) of this section and modified based on analytical considerations.

r 

### Radium 226 and 228. Cleanup level based on applicable state and federal law.

s 

### Radium 226. Cleanup level based on applicable state and federal law.

t 

### Tetrachloroethylene. Cleanup level based on applicable state and federal law. 

# e

U 

### Toluene. Cleanup level based on applicable state and federal law and prevention ofadverse aesthetic characteristics.

Y 

### Total Petroleum Hydrocarbons. Cleanup level based on prevention ofadverse aesthetic characteristics. wl,l
, 

### 1 Trichloroethane. Cleanup level based on applicable state and federal law.

x 

### Trichloroethylene. Cleanup level based on applicable state and federal law.

Y 

### Vinyl chloride. Cleanup level based on concentration derived using procedures in subsection (3)(a)(ii)(B) of this section and modified based on analytical considerations..

Z 

### Xylenes. Cleanup level based on applicable state and federal law and prevention of adverse aesthetic characteristics; and

(12/25/93) [Cb. 173-340 WAC-p 91]173-340-720 

### Model.Toxics Control Act:-Cleanup

.



# o .(i)

.Concentrations established under

# :~:~e 

# ::**=::~~t~W~** 

# 0 05 subsection (2)(a)(ii) of this sec- ;;. tion;



# o Reference Dose as specified in WAC 173-340-708(7) (mg/kg-day) Avernge body**w~gM** during the period ofexposure (16 kg)
Unit conversion factor (1 ,000 ug/mg)
Hazard quotient (1) Drinking water ingestion rate (1.0 liter/day)
Inhalation correction factor as defmed in WAC 173-340-720(7); (B) For known or suspected carcinogens, concentrations for which the upper bound on the estimated excess cancer risk is less than or equal to 1 in 1,000,000 asdetermined using the following equation and standard exposure assumptions: ABW - RFD

UCF = HQ -


### DWIR =

INH . . (ii)

.For hazardous substances' for which sufficiently protective, health-based

.criteria orstandards have not been established under applicable state and federal laws, . those concentrations which protect human health as determined by the following methods: (A) Concentrations 

### rwhich are estimated to result in no acute or chronic toxic effects on human health as' .-'determined using the following equation and standard exposure assumptions: Ground water cleanup level = RFD x ABW x UCF x HQ (ug/l) DWIR x INH Where: (ii)

. .Concentrations established under.**~."** applicable state and federal laws, including the following require-. ments:

.**,~** .. ; ·'i"**),.~** .. '. (A) Maximum contaminant levels established.under the Safe Drinking Water Act and published in 40 C.F.R.. 141, as amended; (B) Maximumcontaminantlevel goals for noncarcinogens established under the Safe Drinking Water Act and published in 40 C.F.R. 141,

as amended; (C) Secondary maximum contaminant levels established' under the Safe Drinking Water Act and published in 40 C.F.R. 143, as amended;and (D) Maximum contaminant levels established by the state board of health and published in chapter 248-54 WAC, as amended. (b) The department may establish method A cleanup levels more stringent than those required by (a) ofthis subsection when, based upon site-specific evaluations, the department determines that such levels

are necessary to protect human health and the environment. (c) Cleanup levels to protect beneficial uses of ground water other than drinking water shall be established by the department under methods B or C, as appropriate. (3) Method B cleanup levels. (a) Where the ground water is a current or potential future source of drinking water, method B cleanup levels shall be at least as stringent as all of the following:

lCb. 173-340 WAC-p 92] (12/25/93)

### Model Toxics Control Ad-Cleanup 173-340-720 (

DWIR = ',' -,' human health or the environment; . and (v) Concentrations which protect nearby surface waters. In 

### general, these will be based on attaining surface water cleanup levels. in the 

### surface water as dose 

### as technically possible to the point

orpoints where the ground water flows into the surface water. (c) Method B cleanup levels to protect beneficial uses of ground water. other , than drinking water shall be established

by the department on a case-by-case basis.
Method C cleanup levels. (a) Method C cleanup levels may 

### be approved by the department if the person undertaking the cleanup action can demonstrate that such levels are consistent with applicable state and, federal laws,

.that all practicable methods of
treatment have been utilized, that institutional controls are implemented in accordance with WAC 173-340..,440, and that one or more ofthe conditions in WAC 173-340-706(1) exist. (b) Where the ground water is a current or potential future source ofdrinking water

as defmed in subsection (I)(a) of this section, method C cleanup levels for ground water shall be at least as stringent as all ofthe following: (i): Concentrations established under applicable state and federal laws, including the requirements in subsection (2)(a)(ii) of this section; (ii) For hazardous substances for which sufficiently protective, health-based standards or criteria have not been established under applicable state and federal laws, those concentrations that protect 

### (4) Acceptable cancer risk level (1 in 1,000,000)
, . Average body weight during

. the period ofexposure (70 kg)
r Lifetime (75 

### years)·
Unitconversion factor (1,000 ug/mg) Carcinogenic potency factor as specified in WAC 173-340-708(8) (kgday/mg) " Drinking water ingestion rate (2.0 liters/day)
Duration ofexposure (30 years)

- Inhalation correction factor as defmed in WAC 173-340-720(7);
The department may establish method B cleanup levels that are more stringent than those,required by subsection (3)(a) of this section, when, based on sitespecific evaluations, the department determines such levels are necessary to protect human health and the environment. This may include the following: (i) Concentrations which are necessary to protect sensitive subgroups; (ii) Concentrations which eliminate

orminimize the potential for food chain contamination; (iii) Concentrations which eliminate

or minimize the potential for damage to soils or biota in the soils which could impair the use of the soil for agricultural or silvicultural purposes; (iv) Concentrations which eliminate

or minimize the potential for the

r accumulation of vapors in buildings or other structures to concentrations which pose a threat to (b) DUR = INH Ground water cleanup level ,= .RISK x ABW x LIFE x UCF (ug/l)' , CPF x DWIR x DUR x INH

-Where:
RISK'
, 

### -

ABW



### -

LIFE



### - UCF



### - CPF



### -

02/25/93) lCb. 173-340WAC-p 93]173-340-720 

### Model Toxics Control Act-Cleanup

human health as determined using the following methods:

. (A) Concentrations which are estimated to result in no significant acute or chronic toxic effects on human health and are estimated in accordance with WAC 173- 340-720 (3)(a)(ii)(A) except that the average· body weight shall be 70 kg and the drinking water intake

.. rate shall be 2 liters/day; (B) Concentrations for which the upper bound on the estimated excess cancer risk is less than or equal to I in 100,000 and are estimated in accordance with WAC 173-340-720 (3)(a)(ii)(B);

. (c) The department may establish method C cleanup levels that are more stringent than those required by (b) of this subsection when, based on a site-specific evaluation, the department determines such levels are necessary to protect human health and the environment. This may include consideration ofthose factors listed in subsection (3)(b) ofthis section. (d) Method C cleanup levels that protect

.beneficial uses of ground water other than drinking water shall be established by the department on a case-by-case basis. (5) Multiple hazardous substances/multiple pathways ofexposure. (a) Ground water cleanup levels for individual hazardous substances developed in accordance with subsections (3) and (4) ofthis section, including those based

on applicable state and federal laws, shall be adjusted downward to take into account exposure to multiple hazardous substances and/or exposure resulting from more than one pathway of expo

### res, 173-340 WAC-p 94) (6) sure. These adjustments shall be made in accordance with. the procedures in

# C WAC 173-340-708 (5) and (6}. In

. ..**~~**•

. making these adjustments.. the hazard 

# t:

.index shall not exceed one and the total

excess cancer 

### risk shall not exceed one in one hundred thousand. (b) The overall limits on the hazard index and total excess cancer risk shall also apply to sites where there is exposure to a singie hazardous substance by one exposure pathway, including cleanup levels based on applicable state and federal laws.
Point ofcompliance. (a) For ground water, the point ofcompliance is the point or points where the ground water cleanup levels established under subsections (2), (3), (4), and (5) of this section must be attained. Ground water cleanup

.levels shall be attained in all ground waters from the point ofcompliance to the outer bound- 

# C

ary ofthe hazardous substance plume. (b) The point ofcompliance shall be established throughout the site from the uppermost level of the saturated zone extending vertically to the lowest most depth which could potentially be affected by the site. (c) Where hazardous substances remain onsite as part of the cleanup action, the department may approve a conditional point of compliance which shall be as close as practicable to the source of hazardous substances, not to exceed the property boundary. Where a conditional point ofcompliance is proposed, the person responsible for undertaking the cleanup action shall demonstrate that all practicable methods oftreatment are to be utilized in the site cleanup. (d) At sites where the affected ground
water flows into nearby surface water, 

# 0 the cleanup level may be based on protection of the surface water. At

(lV25/93)

### Model Toxics Control Act--Cleanup 173-340-720



### (7) these sites, the department may approve a conditional point ofcompliance that is located within the surface water as close as technically possible to the point or points where ground water flows into the surface water. Conditional points of compliance may be 

### approved only if the following requirements are met: (i) Use of a dilution zone underWAC 173-201-035 to demonstrate compliance with surface water cleanup levels shall not be 

### allowed; (ii) 

### Ground water discharges shall be provided with all known available and reasonable methods oftreatment prior to release into surface waters; (iii) 

### Ground water discharges shallnot result in violations of sediment quality values published in chapter 173-204 WAC; and (iv) Ground water monitoring shall be

### performed to estimate contaminant flux rates and to addresspotential bioaccumulation problems resulting from surface water

. concentrations below method detection limits. Inhalation correction factors. (a) The inhalation correction factor is an adjustment factor which takes intoaccount exposure to hazardous substances which are volatilized and inhaled during showering and other domestic activities. When available, hazardous substance-specific information shall be used to estimate these values. (b) Where hazardous substance-specific information is not available, inhalation correction factors shall be one of the following: (i) :For volatile organic hazardous substances, 2; or (ii) Other hazardous substances, 1. (8) 

### (c) Where separate toxicity factors (reference doses and carcinogenic potency factors) are available for inhalation andoral exposures, the health hazards associated with the inhalation of hazardous substances in ground water during showering and other domestic activities may be 

### evaluated separately from the health hazards associated with ingestion of drinking water. In these cases, the ground water cleanup level based on ingestion of drinking water shall be modified to take into account multiple exposure pathways in accordance with WAC 173-340-708(6). Compliance monitoring. (a) Compliance with ground water cleanup levels shall be 

### determined by analyses of unfiltered ground water samples, unless it. can be 

### demonstrated that afiltered sample provides a more representative measure of ground water quality. Ecology expects that filteringwill generally be acceptable for inorganic substances where:(i) A properly constructed monitoring well cannot be 

### sufficientlydeveloped to provide low turbidity water samples; (ii) 

### Due to the natural background concentration of hazardous substances in the aquifer material, unfiltered samples would not provide a representative measure of ground water quality; and (iii) 

### Filtering is performed in the field with all practicable measures taken to avoid exposing theground water sample to the ambient air prior to filtering. (iv) Ecology expects that filtering will generally be 

### allowed for hazardous substances such as iron and manganese.

(12/25/93) [Cb. 173-340 WAC-p 95]

### 173-340-720 

### Model Toxics Control Act-Cleanup

(b) 

### Sampling and analytical procedures shall be 

### defmed in a compliance monitoring plan prepared under WAC 173- 340-410. The sample design shall provide data which are 

### representative of the site. (c) The data analysis and evaluation proce-

. dures used to evaluate compliance with ground water cleanup levels shall be defmed in a compliance monitoring plan prepared under WAC 173-340-410. These procedures shall meet the following general requirements: (i) Methods ofdata analysis shall be consistent with the sampling design; (ii) When cleanup levels are 

### based on requirements specified.in applicable state and federal laws, the procedures for evaluating compliance that are 

### specified in those requirements shall be utilized to evaluate compliance with cleanup levels

.unless those procedures conflict with the intent of this section; (iii) 

### Where procedures for evaluating compliance are 

### not specified in

an applicable state and federal law, statistical methods used shall be 

### appropriate for the distribution ofsampling data for each hazardous substance. If

### the distribution of sampling data for a hazardous substance is inappropriate for statistical methods based on a normal distribution, then the data may be transformed. If 

### the distributions for hazardous substances differ, more than one statistical method may be 

### required; (iv) Compliance with ground water cleanup levels shall be 

### determined for each ground water

lCh. 173-340 WAC-p 96] 

### monitoring well or other monitoring points such as a spring; (v) The data analysis procedures 

# C : identified in the 

### compliance monitoring plan shall 

### specifythe statistical parameters to be 

### used to determine compliance with ground water cleanup levels. (A) For clean levels based on short-term or acute toxic effects on human health or the environment, an upper percentile concentration shall be used to evaluate compliance

. with ground water cleanup levels. (B) 

### For cleanup levels based on chronic or carcinogenic threats, the mean

### concentrationshall be used to evaluate compliance with ground water cleanup levels unless

....: there are 

### large variations in concentrations relative to 

# 0

the mean concentration or a large percentage ofconcentrations below the detection limit;(vi) When active ground water restoration is performed, or containment technologies 

### are used that incorporate active pumping of ground water, compliance with ground water cleanup levels shall be determined when the ground water characteristics at the site are no longer influenced by the cleanup action. (d) Appropriate statistical methods include the following: (i) 

### A procedure in which a confidence interval for each hazardous substance is established from ground water sampling data and 

# C",. the ground water cleanup level is

(12/25/93)

### Model Toxics Control Act-Cleanup

. 173-340-720

(f) compared to the upperconfidence interval; and (ii) A parametric test for percentiles based on tolerance intervals to test the proportion of ground
water samples having concentrations less than the ground water cleanup level; or (iii) Other statistical methods approved by the department. (e) Ifa confidence interval approach is used
to evaluate compliance with a ground
water cleanup level, the decision rule is

a one-tailed test of the null hypothesis that the true ground water concentration exceeds the ground water cleanup level. Compliance with a ground water cleanup level shall be determined using the following criteria: (i) The upperconfidence limit on the
true ground water concentration shall be less than the ground
water cleanup level. Statistical tests shall be performed at a Type I error level of0.05; (ii) No single sample concentration shall be greater than two times the ground water cleanup level; and (iii) Less than ten percent of the sample concentrations shall exceed the ground water cleanup level during a representative sampling period. If a method to test the proportion

.of ground water samples is used to evaluate compliance with a ground water cleanup level, compliance shall be determined using the following criteria: (i) The true proportion of samples that exceed the ground water· cleanup level shall be less than "fifty percent. Statistical tests shall be performed with a type I

error level of 0.05; and

(12/25/93) (ii) No single sample concentration shall be greater than two times the ground water cleanup level; and (iii) Less than ten percent of the sample concentrations shall exceed the ground water cleanup level during -a representative sampling period. (g) For purposes of demonstrating compli- "

ance with ground water cleanup levels,
measurements below the method detection limit shall be assigned "a value equal to one-half the method detection limit. Measurement above the method detection limit but below the practical quantitation limit shall be assigned "a value equal to the method detection limit. The department may approve alternate statistical procedures for handling nondetected values or values below the practical quantitation limit. Alternate procedures may include probit analysis and regression analysis. [Statutory Authority: Chapter 70.105D RCW. 91- 04-019, § 173-340-720, filed 1/28/91, effective 2/28/91.]

lCb. 173-340 WAC-p 97]173-340-730 

### Model Toxics Control Act-Cleanup

WAC 173-340-730 

### Surface Water Cleanup Standards.

(1) General considerations. ('2) Method A cleanup levels. (3) Mclhod B cleanup levels. (4) Mclhod C cleanup levels. (5) Muitip.1e hazardous substanccslmultiple pathways of exposure. (6) Point of compliance.

. (7) Compliance monitoring. 

### (1) General considerations. (a) Surface water cleanup levels shall be based on estimates ofthe highest beneficial use and the reasonable maximum exposure expected to occur under both current and potential future site use conditions. The classification and the highest beneficial use ofa surface water body shall be determined in accordance with chapter 173-201 WAC, as amended. In the event of a release of a hazardous substance, treatment, removal,

or containment measures shall be conducted to reduce the level ofhazardous substances in surface water to concentrations consistent with uses specified under this section and chapter 173-201 WAC, as amended. . (b) 

### Surface water cleanup levels established underthis section apply to those surface waters ofthe state affected orpotentially affected by releases of hazardous substances from sites addressed under this chapter. Ecology does not expect that cleanup standards will be applied to storm water runoffthat is in the processof being conveyed to a treatment system. (c) Releases of hazardous substances to surface waters of the state shall not directly or indirectly cause violations of groundwater, soil, sediment, or air cleanup standards established under this chapter or other applicable state and federal laws. (2) Method A cleanup levels. (a) Method A cleanup levels shall be at least as stringent as concentrations established under applicable state and

[Ch. 173-340 WAC-p 98] 

### federal laws, including the following requirements: 

# C (i) 

### All water quality criteria pub- : .'

### lished in the water quality standards for surface waters of the state ofWashington, chapter 173- 201 WAC, as amended; (ii) 

### Water quality criteria based on . the protection of aquatic organisms (acute and chronic criteria) and human health published pursuant to section 304 of the Clean Water Act. (b) 

### The department may establish method A cleanup levels' that are more stringent than those required under subsection (2)(a) of this section, when, based on site-specific evaluations, the departmentdetermines that such levels are necessary 

### to protect human health and the environment. (3) Method B cleanup levels. 1:-; 

### (a) Method B cleanup levels for surface 

# C waters shall be at least as stringent as all ofthe following: (i) Concentrations established under applicable state and federal laws,including the following requirements: (A) All water quality criteria published in the water quality standards for surfacewaters of the state of Washington, chapter 173-201 WAC, as amended; and (B) 

### Water quality criteria based on the protection of aquaticorganisms (acute and chronic criteria) and human health published pursuant to section 304 of the Clean Water Act unless it can be demonstrated that such criteria are not relevant and

# 0 appropriate for a specific

(12/25/93)

### 173-340-730

(B) For surface waters which support fish or shellfish populations, concentrations which are anticipated to result in an excess cancer risk less than or equal to 1 in 1,000,000 as determined using the following equation and standard exposure assumptions:

= Carcinogenic Potency Factor as specified in WAC 173-340-708(8) (kg-day/mg)

- Acceptable cancer risk level (l in 1,000,000)

- Average body weight during the exposure period (70 kg)

= Lifetime (75 years)

= Unitconversion factor (l ,000 ug/mg)

= Unit conversion factor (1,000 grams/liter) - Fish bioconcentration factor as defined in WAC 173-340-708(9) (unitless)

= Fish consumption rate (54 grams/day)

= Diet fraction (0.5)

= Duration ofexposure (30 years); (C) For surface waters which represent a source or potential future source of drinking water, concentrations' which are anticipated to result in no adverse impactson human health as established in accordance with WAC 173-340-720(3).
The department may establish method B cleanup levels more stringent than those required by subsection (3)(a) of this section, when, based on site-specific (b) CPF

ABW RISK

FCR liFE. UCFI UCF2

BCF



### FDF
DUR Surface water cleanup level 

### = RlSK xABW x LIFE x UCFI x UCF2 (ug/l) CPF x BCF x FCR x FOFx OUR Where:

RFD xABW x UCFI x UCF2 x HQ BCF x FCR x FOF

Reference Dose as specified in WAC. 173-340-708(7) (mg/kg-day) . Average body weight during the

exposure period (70 kg)
Unit conversion factor (l ,000 ug/mg) Unit conversion factor (1,000 grams/liter)
Fish bioconcentration factor as defined in WAC 173-340-708(9) (unitless)
Fish consumption rate (54 grams/day)
Diet fraction (0.5) Hazard Index (I) 

### Model Toxics Control Act--Cleanup

surface water body or hazardous substance. (ii) Concentrations which are estimated to result in no adverse effects on the protection and propagation ofwildlife, fish, and other aquatic life; (iii) For hazardous 

### substances

.for which sufficiently protective, health-based criteria or standards have not been established under applicable state and federal laws,

. those concentrations which protect human' health as determined by the following methods: (A) For surface waters which support or have the potential to support fish or shellfish populations, concentrations which are anticipated to result in no acute or chronic toxic effects on human health as determined using the following equations and standard exposure assumptions:

=

= = RFD



### -

ABW 

## =

UCFI

- UCF2 

## =

BCF

-



### FeR Surface water cleanup level = (ug/l) Where:

(12/25/93) [Ch, 173-340 WAC-p 99]

### 173-346-730 

### Model Toxics Control Act-Cleanup

. (4) 

### evaluations, the department determines 

### that such levels are necessary to protect human health and the environment. 

### Method C cleanup levels. (a) Method C cleanup levels may be 

### approved by the department if 

### the person undertaking the cleanup action candemonstrate that such levels are consistent with applicable state and federal laws, that all practicable methods oftreatment have been utilized, that institutional controls are implemented in accordance with WAC 173-340-440, and that one or 

### more of the conditions in WAC 173-340-706(1) exist. (b) 

### Method C cleanup levels for surface . waters shall be 

### at least as stringent as all of the following: (i) Concentrations established under applicable state and federal laws, including the requirements identified in subsection (3)(a)(i) ofthis section; (ii) 

### Concentrations which are estimated . to result in no significant adverse effects on the protection and propagation of wildlife, fish and other aquatic life; (iii) For hazardous substances for which sufficiently protective, health-based criteria or standards have not been established under applicable state and federal laws, those concentrations which protect human health and the environment as determined by the following methods: (A) For surface waters which support or have the potential to support fish or shellfish populations, concentrations which are estimated to result in no significant acute

or chronic toxic effects on human health or the envi- (5) 

### rooment and are estimated in accordance with WAC 173-340-730 (3)(a)(ili)(A) except that the fish diet fraction shall be 

### twenty percent; (B) For :

### surface waters which support or have 

### the potential to support fish or shellfish populations, concentrations for which the upper bound on the estimated excess cancer risk is less . than or equal to 1 in

100,000 and are estimated in accordance with WAC 173-340-730 (3)(a)(iii)(B) 

### except that the fish diet fraction shall be 

### twenty percent; (C) For surface waters whichrepresent a source or potential future source of drinking water, concentrations which are estimated to result in no adverse impacts on human health and are 

### established in accordance with WAC 173-340-720(4); and (c) The department may establish method C cleanup levels that are 

### more stringent than those required by (b) 

### of this subsection when, based on site-specific evaluations, the department determines that such levels are 

### necessary to protect human health and the environment.Multiple hazardous substances/multiple pathways of exposure.(a) Surface water cleanup levels for individual hazardous substances developed in accordance with subsections (3) and (4) ofthis section, including those based on applicable state and federal laws, shall be 

### adjusted downward to take into account exposure to multiple hazardous 

# 0;.



# o

o

ECho 173-340 WAC-p 100] (12/25/93)

### Model Toxies Control Act-Cleanup 173-340-730

(6)

(7) 

### substances and/or exposure resulting from more than one pathway of exposure. These adjustments shall be 

### made in accordance with the procedures specified in WAC 173-340-708 (5) and (6). In making these adjustments, the hazard index shall not exceed one and the total excess cancer risk shall not exceed one in one hundred thousand. (b) 

### These overall limits on the hazard index and total excess cancer risk shall also apply to sites where there is exposure to a single hazardous substance by one exposure pathway, including cleanup levels based on applicable state and federal laws.
Point ofcompliance. (a) The point of compliance shall be 

### the point or points at which hazardoussubstances are released to surface waters of the state unless the departmenthas authorized a dilution zone in accordance with WAC 173-201-035. (b) 

### Where hazardous substances are released to the surface water as 

### a result of ground water flows, no dilution zoneshall be allowed to demonstrate compliance with surface water cleanup levels.See WAC 173-340-720 (6)(d) for additional requirements. Compliance monitoring. (a) Sampling and analytical procedures shall be 

### defined in 

### a compliance monitoring plan prepared under WAC 173- 340-410. The sample design shall provide data which are representative of the site.(b) The data analysis and evaluation procedures used to evaluate compliance with surface water cleanup levels shall be defined in a compliance monitoring plan prepared under WAC 173-340-410. (c) Compliance with surface water cleanupstandards shall be determined by analyses ofunfiltered surface water samples, (d)

(e)

(f)

(g) 

### unless it can be demonstrated that a filtered sample provides a more representative measure of surface water quality. When surface water cleanup levels' 

### are based on requirements specified in applicable state and federal laws, the procedures for evaluating compliance that 

### are specified in those requirements shall be 

### utilized to evaluate compliance with surface water cleanup levels unless these procedures conflict with the intent ofthis section.
Where procedures for evaluating compliance 

### are not specified in an applicable state and federal law, the statistical methods used to evaluate compliance' with surface water cleanup levels shall be appropriate for the distribution ofthe hazardous substance sampling data. If 

### the distribution of the hazardous substance sampling data is inappropriatefor statistical methods based on a normal distribution, then the data may be transformed. If

### the distributions ofindividual hazardous substances differ, more than one statistical method may be required.
For purposes of demonstrating compliance, measurements below the method detection limit shall be assigned a value equal to one-half of the method detection limit. Measurements above the method detection limit but below thepractical quantitation limit shall generally be 

### assigned a value equal to the method detection limit. The department may approve alternate statistical procedures for handling nondetected values

or values below the practical quantitation limit. Alternate statistical procedures may include probit analysis and regression analysis. Sampling and analysis of fish tissue or shellfish may be required to supplement t·-_

(12125/93) [Cb. 173-340 WAC-p 101]173-340-730 

### Model Toxics Control Act-Cleanup

(1) acQcraJ cOllJlidcratioos. (2) Method A cleanup levels. (3) Method B cleanup levels. (4) Method C cleanup levels. (5) Multiple hazardous substances/multiple palbways of exposure. (6) Point of compliance. (7) Compliance monitoring. water column sampling during compliance monitoring. [Statutory Authority: Chapter 70.1 05D RCW. 91- 04-019, §173-340-730, filed 1128/91, effective 

### 2/28/91.] WAC 173-340-740 

### Soil Cleanup Standards.

(1) General considerations.

[Cb. 173-340 WAC-p 102] (a)

(b) Soil cleanup levels shall be based on estimates of the reasonable maximum exposure expected to occur under both
current and future site use conditions. The department has determined that residential site use is generallythe site

use requiring the most protective cleanup levels and that exposure to hazardous substances under residential site use conditions represents the reasonable maximum exposure scenario. In the
event of a release of a hazardous substance, treatment, removal, and/or containment measures shall be implemented for those soils with hazardous substance concentrations which exceed cleanup levels based on this use unless the following can be demonstrated: (i) The site does not serve as a
current residential area;(ii) The site does not have the potential to serveas a future residential area based on the consideration ofsite zoning, statutory and regulatory restrictions, comprehensive plans, historical site use, adjacent land uses, and other relevant factors; and (iii) Appropriate site use restrictions

are implemented at the site; or (iv) More stringent concentrations are necessary to protect human health and the environment.Soil cleanup levels for qualifying industrial sites may be established in accordance with the requirements in WAC 173-340-745.

(12/25/93) 

# o

o .,

### Model Toxics Control Act-Cleanup 173-340-740
(c) For industrial sites not qualifying under WAC 173-340-745 arid commercialsites, the presumption is that soil cleanup levels will be established in accordance with residential areas unless it

can be 

### clearly demonstrated that this is inappropriate. (i) _ For a site to qualify under _this subsection, it must be clearly demonstrated that: (A) The site is currently zoned for or otherwise officially designated for industrial/ commercial use; (B) 

### The site is currently used for industrial/commercial purposes or has a history of use for industrial/commercial purposes; (C) Properties adjacent to and in the general vicinity of thesite are used or are designated for use for industrial/ commercial purposes; and (D) 

### The site is expected to be used for industrial/commercial purposes for the foreseeable future due to sitezoning, statutory or regulatory restrictions, comprehensive plans, adjacent land use, and other relevant factors. (ii) 

### For industrial/commercial sites qualifying under this subsection, soil cleanup levels shall be 

### established as close as practicable to the method B soil cleanup levels established under subsection (3) of this section and shall be 

### at least as stringent as the method C soil cleanup levels establishedunder subsection (4) of this section. The overall limits on hazard index and total excess cancer risk specified in subsections (3)

(12/25/93) 

### through (5) of this section shall apply to these sites. (iii) 

### Institutional controls under WAC 173-340-440 shall be

### required-for industrial/commercial sites qualifying under this subsection wheresoil cleanup levels are less stringent than method B soil cleanuplevels established under subsection (3) ofthis section. (iv) The department expects that onlyindustrial/commercial sites located in the interior portion of a large industrial/commercial area will qualify for other than method A or method B cleanup levels under this subsection.-(d) Soil cleanup levels for other nonresidential site uses such as recreational or agricultural uses shall be established on a case-by-case basis. The overall limits on the hazard index and cancer risk**~t';~** 

### specified in subsections (3) through (5) of this section shall apply to these types of sites. Cleanup levels for these types of sites shall be 

### at least as stringent as method C cleanup levels established under subsection (4) of this section. (e) Soil cleanup levels shall be 

### established at concentrations which do not directly or indirectly cause violations of ground water, surface water, sediment, or air cleanup standards established under this chapter or applicable state and federal laws. (2) Method A cleanup levels. (a) Method A cleanup levels shall be 

### at least as stringent as all 

### of the following: (i) Concentrations in the following table; and

lCh. 173-340 WAC-p 103]

### • Caution on misusing method A tables. Method A tables have been developed for specific purposes. They 

### are intended to provide conservative cleanup levels for sites undergoing routine**cl~up** 

### actions or those sites with relatively few hazardous substances. The tables may not be 

### appropriate for defining cleanup levels at other sites. For these reasons, the values in these tables should not automatically be used to define cleanup levels that must be met for financial, real 

### estate, insurance coverage or placement, or similar transactions or purposes. Exceedances ofthe values in these tables do not necessarily trigger requirements for cleanup action under this chapter.

b 

### Arsenic. Cleanup level based on background concentrations in the state ofWashington.

C 

### Benzene. Cleanup level based on protection of ground water.

d 

### Cadmium. Cleanup level based on plant protection.

C 

### Chromium. Cleanup level based on health risks associated with inhalation of resuspended dust.

f 

### DDT. Cleanup level based on concentrations derived using the procedures in subsection (3)(a)(iii)(B) of this section.

g 

### Ethylbenzene. Cleanup level based on protection of ground water.

h 

### Ethylene dibromide. Cleanup level based on protection of ground water. 

# 0) Lead. Cleanup level based on preventing unacceptable blood lead levels.

[eb. 173-340WAC-p 104] (12/25/93)

### Model Toxics Control Act-Cleanup 173-340-740

f 

### Lindane. Cleanup level based on concentration derived using the procedures in subsection (3)(a)(iii)(B) . of this section.

.

Methylene chloride. Cleanup level based on protection ofground water. Mercury. Cleanup level based on protection ofground water.

m 

### PAHs (carcinogenic). Cleanup level based on concentration derived using the procedures in subsection (3)(a)(iii)(B) of this section.

D 

### PCB Mixtures. Cleanup level based on concentration derived using the procedures in subsection (3)(a)(iii)(B) of this section.

o 

### Tetrachloroethylene. Cleanup level based on protection of ground water.

P 

### Toluene. Cleanup level based on protection ofground water.

q 

### Total Petroleum Hydrocarbons (gasoline). Cleanup level based on protection ofground water.

r 

### Total Petroleum Hydrocarbons (diesel). Cleanup level based on protection ofground water.

S 

### Total Petroleum Hydrocarbons (other). Cleanup level based on protection ofground water.

t 

### 1,1,1 Trichloroethane. .' Cleanup level based on protection of ground water.

U 

### Trichloroethylene. Cleanup level based on protection ofground water. .

v 

### Xylenes. Cleanup level based on protection ofground water.

-. ..';

(12/25/93) lCb. 173-340 WAC-p 105]173-340-740 

### Model Toxics Control Act-Cleanup

Soil Cleanup Level = (mglkg) Where:

Soil Cleanup Level 

### = (mglkg) Where: 

# G For those hazardous substances

. . for which health-based criteria or. standards have not been established under applicable state and federal laws, those concentrations which protect human health and the environment as determined by the following methods: (A) Concentrations which are estimated to result in no acute or chronic toxic effects on human health viadirect contact with contaminated soil and are determined using the followingequation and standard exposure assumptions:

RFD x ABWx UCF2 x HQ SIR x ABl x FOC

Reference Dose as defmed in WAC 173-340-708(7) (rug/kg-day) Average body weight over the period ofexposure (16 kg)
Units conversion factor (1,000,000 mg/kg) Soil ingestion rate (200 mg/day)
Gastrointestinal absorption rate (1.0) Frequency of contact (1.0)
Hazard quotient (1); (B) Concentrations for which the upper bound on the estimated excess cancer risk is less than or equal to 1 in 1,000,000 via direct contact with contaminated soil and are determined using the following equation andstandard exposure assumptions:

RISKx ABWx LIFE x UCFl CPF x SIR x ABl x DUR x FOC (iii)

RFD 

## =

ABW 

## =

UCF2 

## =

SIR 

## = ABI

- FOC

- HQ

- (ii) Concentrations established under applicable state and federal laws; (b) The department may establish method A cleanup levels that are more stringent than those required by subsection (2)(a) of this section, when based on a sitespecific evaluation, the department determines that such levels are necessary to protecthuman health orenvironment. (3) Method B cleanup levels. (a) Method B cleanup levels for soils shall be at least as stringent as all of the following: (i) Concentrations established under applicable state and federal laws; (ii) .Concentrations which will not

cause contamination of ground water at levels which exceed method B ground water cleanup levels established under WAC 173-340-720 as determined using the following criteria: (A) For individual hazardous substances or mixtures, concentrations that are equal to or less than one hundred times the ground water cleanup levelestablished.in accordance with WAC 173- 340-720 unless it can be demonstrated that a higher soil concentration is protective of ground water at the site; (B) For total petroleum hydrocarbons, the person undertaking the cleanup may elect to make this demonstration on the basis of data onindividual hazardous substances that comprise the total petroleum hydrocarbons.

[Cb. 173-340 WAC-p 106] (12/25/93)

### Model Toxics Control Ad-Cleanup. 173-346-740



### RISK 

# e ABW



### UFE
UCF1

CPF



### SIR
AB1
DUR
FOC

(b)

(12/25/93) = Acceptable cancer risk level (1 in 1,000,000)

= Average body weight over the period ofexposure (16 kg)

= Lifetime (75 years)

= Unit conversion factor (1,000,000 mg/kg)

= Carcinogenic Potency Factor as defmed in WAC 173-340-708(8) (kgday/mg)

= Soil ingestion rate (200 mg/day)

= Gastrointestinal absorption rate (1.0)

= Duration ofexposure (6 years)

= Frequency ofcontact (1.0);

(iv) To assure that unacceptable risks do not result from inhalation of hazardous substances in or released from contaminated soils, soil concentrations which ensure that releases of hazardous substances shall not result in ambient air concentrations which exceed method B cleanup levels establishedunder WAC 173-340-750.
The department may establish method B cleanup levels that are more stringent than those required under (a) of this subsection, when, based on a site-specific evaluation, the department determines that such levels are necessary to protect human health or environment, including the following: (i) Concentrations which eliminate

or substantially reduce the potential for food chain contamination; (ii) Concentrations which eliminate

or substantially reduce the potential for damage to soils or biota in the soils which could impair the use ofsoils for agricultural or silvicultural purposes; (iii) Concentrations which eliminate

or substantially reduce the poten- (4) . tial for adverse effects on vegetation or wildlife; (iv) Concentrations more stringent than those in (b) of this subsection where the department determines that such levels are neces

## sary to protect the ground water at a particular site; (v) Concentrations necessary to protect nearby surface waters from hazardous substances in runofffrom the site; and (vi) Concentrations which eliminate

or minimize the potential for the accumulation of vapors in buildings or other structures to concentrations which pose a threat to human health orthe environment.
Method C cleanup levels. (a) Method C cleanup levels may be approved by the department if the person undertaking the cleanup action can demonstrate that such levels are consistent with applicable state and federal laws, that all practicable methods of
treatment have been utilized, that institutional controls are implemented in accordance with WAC 173-340-440, and that one or more of the conditions in WAC**173~340-706(1)** exist. (b) Method C cleanup levels for soils shall be at least as stringent as all of the following: (i) Concentrations established under applicable state and federal laws; (ii) Concentrations which will not

cause contamination of ground water at levels which exceed ground water cleanup levels established underWAC 173-340- 720 as determined using the following procedures: (A) For individual hazardous substances or mixtures, concentrations that are equal

[Cb. 173-340 WAC-p 107] ..**~., ~'** ...**,~**

### 173-340-740 

### Model Toxics Control Act-Cleanup

to or less than one hundred times the ground water cleanup level established in accordance with WAC 173- 340-720 unless 

### it can be 

### demonstrated that a higher soil concentration is protective of ground water at the site; (B) For total petroleum hydrocarbons, the person undertaking the cleanup may elect to make this demonstration on' the basis of data onindividual hazardous substances that comprise the total petroleum hydrocarbons; (iii) For those hazardous substances for which health-based criteria orstandards have not been established under applicable state and federal laws, those concentrations which protect human health and theenvironment as determined by the following methods: (A) Concentrations which are anticipated to result in no significant acute or chronic toxic effects on human health and estimated in accordance with WAC 173- 340-740 (3)(a)(iii)

### (A)except that the frequency ofcontact shall be 

### 0.5, the soil ingestion rate shall be 100 milligrams per day, and the average body

.weight shall be 

### 16 kilograms; (B) For known or suspected carcinogens, concentrations for which the upper bound on the estimated excess cancer risk is less than or equal to I in 100,000 and are estimated in accordance

[Cb. 173-340 WAC-p 108] (5) 

### with WAC 173-340-740 (3)(a)(iii)(B) except that the frequency of contact shall 

# G.,; be 0.5 and the soil ingestion rate shall be 

### 100 milligrams per day; and (iv) To assure that unacceptable risks do not result from inhalation ofhazardous substances in or released from contaminated soils, soil concentrations which ensure that releases of hazardous substances shall not result in ambient air concentrations which exceedmethod C cleanup levels established under WAC 173-340-750. (b) 

### The department may establish method C cleanup levels. that are more stringent than those required by (a) through (c) ofthis subsection when, based on a sitespecific evaluation, the departmentdetermines that such levels are necessary 

### to protect human health and the environment, including consideration of 

# C\
those factors listed in subsection (3)(c) ./ ofthis section. Multiple hazardous substances/multiple pathways ofexposure.(a) Soil cleanup levels for individual hazardous substances developed in accordance with subsections (3) and (4) of this section, including cleanup levels based on applicable state and federal laws, shall be adjusted downward to take into account exposure to multiple hazardous substances and/or exposure resulting from more than one pathway of exposure. These adjustments shallbe made in accordance with the procedures specified in WAC 173-340-708 (5) and (6). In making these adjustments, the hazard index shall not exceed one and the total excesscancer risk shall not exceed one in one hundred thousand. ()

(12/25/93)

### Model Toxics Control Act--Cleanup 173-340-740



### (6)

(7) (b) These overall limits on the hazard index and total excess cancer risk shall also. apply to sites wherethere is exposure to a single hazardous substance by one exposure pathway, including cleanup levels based on applicable state and federal laws.
Point ofcompliance. (a) The point of compliance is the point or points where the soil cleanup levels established under subsections (2), (3), (4), and (5) of this section shall be attained. (b) For soil cleanup levels based on the protection ofground water, the point of compliance shall be established in the soils throughout the site. (c) For soil cleanup levels based on human exposure via direct contact, the point of compliance shall be established in the soils throughout the site from the ground surface to fifteen feet below the ground surface. This represents a reasonable estimate of the depth of soil that could be excavated and distributed at the soil surface as a result of site development activities. (d) The department recognizes that, for those cleanup actions selected under WAC 173-340-360that involve containment of hazardous substances, the soil cleanup levels will typically not be met at the points ofcompliance specified in (b) and (c) ofthis subsection. In thesecases, the cleanup action may be determined to comply with cleanup standards, provided the compliance monitoring program is designed to ensure the long-term integrity of the containment system, and the other requirements for containment technologies in WAC 173- 340-360(8) are met. Compliance monitoring. (a) Compliance with soil cleanup levels shall be based on total analyses of the (b)

(c) soil fraction less than two millimeters in size. When it is reasonable to expect that larger soil particles could be reduced to two millimeters or less during
current orfuture site use and this reduction could cause an increase in the concentrations of hazardous substances in the soil, soil cleanup levels shall also apply to these larger soil particles. Compliance with soil cleanup levels shall be based on dry weight concentrations. The department may approve the

use of alternate procedures for stabilized soils. Sampling and analytical procedures shall be defmed in a compliance monitoring plan prepared under WAC 173- 340-410. The sample design shall provide data which are representative of the area where exposure to hazardous substances may occur. The data analysis and evaluation procedures used to evaluate compliance with soil cleanup levels shall be defined in a compliance monitoring plan prepared under WAC 173-340-410. These procedures shall meet the following general requirements: (i) Methods ofdata analysis shall be consistent with the sampling design. Separate methods may be specified for surface soils and deeper soils; (ii) When cleanup levels are based on requirements specified in.applicable state and federal laws, the procedures for evaluating compliance that are specified in those requirements shall be utilized to evaluate compliance with cleanup levels unless those procedures conflict with the intent of this section; (iii) Where procedures for evaluating compliance are not specified in

an applicable state and federal ; .

(12/25/93) [Cb. 173-340 WAC-p 109]

### 173-340-740 

### Model Toxics Control Act-Cleanup



### .::::,:

-», 

### law, statistical methods shall be appropriate for the distribution of sampling data for each hazardous substance. If 

### the distribution of sampling data for a hazardous substance is inappropriate for statistical methods based on a normal distribution, then the data may be transformed. If 

### the distributions for hazardous substances differ, more than one statistical method may be 

### required;and (iv) The data' analysis plan shall specify which parameters are to be used to determine compliance with soil cleanup levels. (A) For cleanup levels based on short-term or acute toxic effects on human health or the environment, an upper percentile soil concentration shall be used to' evaluate compliance with cleanup levels. (B) 

### For cleanup levels based on chronic or carcinogenic threats, the mean soil concentration shall be used to evaluate compliance with cleanup levels unless thereare large variations in hazardous substance concentrations relative to the mean hazardous substance concen- [ tration or a large percentage

ofconcentrations are below the detection limit. (d)' Appropriate statistical methods include the following: (i) 

### A procedure in which a confidence interval for each hazardous substance is established from sitesampling data and the soil cleanup level is compared to the upper confidence interval;

lCh. 173-340 WAC-p 110] (e)

(t) (ii) 

### A parametric test for percentiles based on tolerance intervals to test the proportion ofsoil samples 

# 0,,;, having concentrations less than -: the soil cleanup level; or (iii) 

### Other statistical methods approved by the department. 

### Ifa confidence interval approach is used to evaluate compliance with a soilcleanup level, the decision rule is a onetailed test ofthe null hypothesis that the true soil concentration of a hazardous substance exceeds the soil cleanup level. Compliance with, soil cleanup levels shall be 

### determined using the following criteria: (i) The upper confidence interval on the true soil concentration is less than the soil cleanup level.Statistical tests shall be performed at a Type I error level of 0.05;**:il~';;:** (li) 

### No single sample concentration 

# C

shall be 

### greater than two times ) the soil cleanup level; and (iii) , 

### Less than ten percent of thesample concentrations shall exceed the soil cleanup level. '
If

### a method to test the proportion of soil samples is used to evaluate compliance with a soil cleanup level, compliance shall be 

### determined using the following criteria: (i) No single sample concentrations shall be greater than two times the soil cleanup level; and (ii) Less than ten percent of thesample concentrations shall exceed the soil cleanup level; and (iii) The true proportion of samplesthat do not exceed the soil cleanup level shall not be less than ninety percent. Statistical tests

# 0 shall be performed with a type I error level of0.05.

(12/25/93)

### Model Toxics Control Act--Cleanup 173-340-745

(c)

(d) 

### (g) For purposes of .demonstrating compliance with soil cleanup levels, measure- 

# e ments below the method detection limitshall be assigned a value equal to onehalf the method detection limit. Detectable levels below the practical quantitation limit shall be assigned a value equal to the method detection limit. The department may approve alternatestatistical procedures for handling nondetected values or values below the practical quantitation limit. Alternate statistical procedures may includeprobit analysis and regression analysis.

. [Statutory Authority: Chapter 70.105D RCW. 91-

04-019, §173-340-740, filed 1/28/91, effective 2/28/91.]

(12/25/93) 

### WAC**173-34~** 

### 745 Soil Cleanup Standards for Industrial Sites.

(I) General coosideratioos. (2) Method A cleanup levels. (3) Method B cleanup levels. (4) Method C cleanup levels. (5) Multiple hazardous substances/multiple pathways of exposure. (6) Point of compliance. (1) Compliance monitoring. (l) 

### General considerations. (a) This section shall be used to establish soil cleanup levels where the department has determined that industrial site use represents the reasonable maximum exposure. (b) 

### Cleanup levels shall not be based on industrial site use unless the following can be demonstrated: (i) The site is zoned or has been otherwiseofficially designatedfor industrial use; (ii) 

### The site is currently used for industrial purposes or has ahistory of use for industrial purposes; (iii) 

### Adjacent properties are currently

. used or designated for use for

industrial purposes; (iv) The site is expected to be used for industrial purposes for the foreseeable future due to site zoning, statutory or regulatory restrictions, comprehensive plans, adjacent land use, and other relevant factors; and (v) The cleanup action provides for institutional controls implemented in accordance with WAC 173- 340-440. The department expects that only sites located within a limited numberoflargeindustrial areas will qualify for industrial soil cleanup levels under this section. Soil cleanup levels established 

### underthis section shall be as close as practicable to cleanup levels established in

lCh. 173-340 WAC-p 111]

### 173-340-745 

### Model Toxics Control Act-Cleanup
accordance with WAC 173-340-740, but

.in no case higher than the concentrations established under subsections (2) through (5) ofthis section. (e) Soil cleanup levels for areas.beyond the industrial property boundary shall be established in accordance 

### withWAC 173-340-740. (t) 

### Soil cleanup levels shall be established at concentrations which do not directly

or indirectly cause violations of ground water, surface water, or air cleanup standards established under this chapter

or under applicable state and federal laws. (g) See WAC 173-340-740 (l)(c) for establishing cleanup levels at industrial sites not qualifying under this section and at 

### commercialsites. (2) Method A cleanup levels. (a) Method A cleanup levels shall be at least as stringent as all of the following: (i) Concentrations in the following table:

lCb. 173-340 WAC-p 112) (12/25/93) 

# Ci ,.

"" .



# o

C)

### Model Toxics Control Act--Cleanup

Table 3

Method 

### A Cleanup Levels - Industrial 

### Soil' "173-340-745



### Hazardous Substance

Arsenic Benzene Cadmium Chromium (Total) DDT Ethylbenzene Ethylene dibromide Lead 

### Lindane Methylene chloride Mercury (inorganic) PAHs (carcinogenic) PCB Mixtures Tetrachloroethylene Toluene TPH (gasoline) 

## &II (diesel) 

## WH (other)

1,1,1 Trichloroethane Trichloroethylene Xylenes CAS Number

7440-38-2 71-43-2 7440-43-9 7440-47-3 50-29-3 100-41-4 "106-93-4 7439-92-1 58-89-9 75-09-2 7439-97-6

127-18-4 108-88-3

71-55-6 79-01-5 1330-20-7 Cleanup Level

200.0 mg/kg" 

### 0.5 mg/kg" 

### 10.0 mg/kg'' 500.0 mg/kg" 

### 5.0 mg/kg' 20.0 mg/kg" 

### 0.001 mg/kg" 

### 1000.0 mg/kg' 20.0 mg/kg' 0.5 mg/kg" 

### 1.0 rug/kg' 20.0 mg/kg'" 

### 10.0 mg/kg" 0.5 mg/kg" 

### 40.0 mg/kg" 

### 100.0 mg/kg" 

### 200.0 mg/kg' 

### 200.0 mg/kg' 

### 20.0 mg/kg' 0.5 rug/kg" 

### 20.0 mg/kg" • 0".



### • Caution on misusing method A tables. Method A tables have been developed for specific purposes. They are intended to provide conservative cleanup levels for sites undergoing routine cleanup actions or those sites with relatively" few hazardous substances. The tables may not be appropriate for defining cleanup levels at other sites. For these reasons, the values in these tables should not automatically be used to define cleanup levels that must be met for financial, real estate, insurance coverage or placement, or similar transactions or purposes. Exceedances of the values in these tables do not necessarily trigger requirements for cleanup actions under this chapter.

b 

### Arsenic. Cleanup level based on concentration derived using the procedures in subsection (4)(a)(iii)(B) 

### ofthis section.

C 

### Benzene. Cleanup level based on protection of ground water.

d 

### Cadmium. Cleanup level based on protection ofground water.

e 

### Chromium. Cleanup level based on inhalation exposure.

f 

### DDT. Cleanup level based on protection ofground water.

g 

### Ethylbenzene. Cleanup level based on protection ofground water.

h 

### Ethylene dibromide. Cleanup level based on protection of ground water. tJead. Cleanup level based on direct contact.

(12/25/93) [Cb. 173-340 WAC-p 113)

### 173-340-745 Model Toxics Control Act--Cleanup
Lindane. Cleanup level based on cleanup level based on concentration derived using the procedures in subsection (4)(a)(iii)(B) ofthis section.

. It 

### Methylene chloride. Cleanup level based on protection ofground water

.. I 

### Mercury. Cleanup level based on protection ofground water.

m 

### PAHs (carcinogenic). Cleanup level based on concentration derived using the procedures in subsection; (4)(a)(iii)(B) of this section.

n 

### PCB Mixtures, Cleanup level based on concentration derived using the procedures in subsection (4)(a)(iii)(B) ofthis section.

.

o 

### Tetrachloroethylene. Cleanup levei based on protection of ground water.

P 

### Toluene. Cleanup level based on protection ofground water.

q 

### Total Petroleum Hydrocarbons (gasoline). Cleanup level based on protection of ground' water.

r 

### Total PetroleumHydrocarbons (diesel). Cleanup level based on protection ofground water.

S 

### Total Petroleum Hydrocarbons (other). Cleanup level based on protection of ground water.

t 

### 1,1,1 Trichloroethane.

_ Cleanup level based on protection ofground water.

U 

### Trichloroethylene. Cleanup level based on protection ofground water.

Y 

### Xylenes. Cleanup level based on protection ofground water; and -:

. .

--.**~'~".:~:':. .::.:~** 



# o

" .0::



# r)

lCh. 173-340 WAC-p 114J (12/25/93)

### 173-340-745
taking the cleanup action may elect to make this demonstration on the basis of data on individual hazardous substances that comprise the total petroleum

.hydrocarbons;
For those hazardous substances for which sufficiently protective health-based criteria or standards have not been established under applicable state and federal laws, those concentrations which protect human health and the environment as determined by the following methods: (A) Concentrations which are anticipated to result in no
acute or chronic toxic effects on human health via direct contact with contaminated soil and are determined using the following equation and standard exposure assumptions:

RFD x ABW x UCF2 x HQ SIR x ABI x FOC

Reference Dose as specified in WAC 173-340-708(7) (mg/kg-day)

.Average body weight over the period ofexposure (70 kg)
Unit conversion factor (1,000,000 mg/kg)
Soil ingestion rate (50 mg/day)
Gastrointestinal absorption rate (1.0) Frequency of contact (0.4)
Hazard quotient (I); (B) Concentrations for which the upper bound on the estimated excess cancer risk is less than or equal to I in 100,000 via direct contact with contaminated soil and (iii)

RFD 

## =

ABW



### -

UCF2



## -

SIR



## - ABI 

## = FOC 

## = HQ 

## = Soil Cleanup Level 

### = (mglkg) Where: 

### Model Toxics Control Act-Cleanup

(ii) Concentrations established under applicable 

### state and federal laws; (b) The department may establish niethod A cleanup levels that are more stringent than those required by (a) ofthis subsection when, based on site-specific evaluations, the department determines that such levels are necessary to protect human health orenvironment, including consideration of the factors in WAC 173-340-740 (3)(b).
Method B cleanup levels. This section does
not provide procedures for establishing method B cleanup levels." Method C is the standard method for establishing soil cleanup levels at industrial sites and its use is conditioned upon the continued use of the site for industrial purposes. Method C cleanup levels. (a) Method C cleanup levels for industrial soils shall be at least as stringent as all. ofthe following: (i) Concentrations established under applicable state and federal laws; (ii) Concentrations which will not

cause contamination of ground
water to concentrations which exceed ground water cleanup levels established under WAC 173-340-720 as determined using the following procedures: (A) For individual hazardous substances or mixtures, concentrations that are equal to or less than one hundred times the ground water cleanup level established in accordance with WAC 173- 340-720 unless it can be demonstrated that higher soil concentrations are protective of ground water at the site; (B) For total petroleum hydrocarbons, the person under- (4) (3)

(12/25/93) [Cb. 173-340 WAC-p 115]173-340-745 Model Toxics Control Act--Cleamip



# o 0,::

() risk shall not exceed one in one hundred

.thousand.

.. (b) These overall limits on the hazard index and total 

### excess cancer risk shall, 

### also

. apply to sites where there is exposure to

a single hazardous substance by one exposure pathway, including cleanup levels based on applicable state and federal laws. (6) Point of compliance. The point of compliance shall be established in accordance with WAC 173-340-740(6). (7) Compliance monitoring. Compliance monitoring shall be performed in accordance with WAC 173-340-410 and 173-340-740(7). [Statutory Authority: Chapter 70.105D RCW. 91- 04-019, §173-34Q-745, filed 1128/91, effective 2/28/91.] are determined. using the following equation and standard exposure assumptions:

RISK x ABW x LIFE x UCFl CPF x SIR x ABI x DUR x FOC

SIR
ABI
DUR
FOC RISK - Acceptable cancer risk level (1 in 100,000)
ABW = Average body weight over the period ofexposure (70 kg)
UFE

- Lifetime (75 years)
UCFl - Units conversion factor 

# (l,ooo,ooo mg/kg)
CPF = Carcinogenic Potency Factor as specified in WAC 173-340-708(8) (kg-day/rug)

= Soil ingestion rate (50 mg/day)

= Gastrointestinal absorption rate (1.0)

- Duration ofexposure (20 years)

= Frequency ofcontact (0.4); (b) The department may establish method C cleanup levels that are more stringent than those required by (a) of this subsection when, based on a site-specific evaluation, the department determines that such levels are necessary to protect human health and the environment. (5) Multiple hazardous substances/multiple pathways ofexposure. (a) Soil cleanup levels for individual hazardous substances developed in accordance with subsection (4) of this section, including cleanup levels based on state and federal laws, shall be adjusted downward to take into account exposure to multiple hazardous substances and/or exposure resulting from more than one pathway of exposure. These adjustments shall be made in accordance with the procedures specified in WAC 173- 340-708 (5) and (6). In making these adjustments, the hazard index shall not exceed one and the total excess cancer Soil Cleanup Level 

### = (mglkg) Where:



### tcs, 173-340 WAC-p 116] (12/25/93)

### Model Toxics Control Act-Cleanup 173-340-750

(1) 

### WAC 173-340-750 

### Cleanup Standards to Protect Air Quality.

• General coasideratioes. Melhod A cleanup levels. Melhod B cleanup levels. (4) Melhod C cleanup levels. (5) Multiple hazardous lubSlAnceslmultiple palhways of exposure. (6) Point of compliance. (1) Compliance monitoring. 

### General considerations. (a) Cleanup levels to protect air 

### quality shall be 

### based on estimates of the reasonable maximum exposure expected to occur under both current and future site use conditions. The department has determined that residential site use will generally require the most protective ambient air cleanup levels and that exposure to hazardous substances underthese conditions represents the reasonable maximum exposure. In the event of a release or potential release of hazardous substances into the ambient air, treatment, removal, or containment measures shall be 

### conducted to reduce the levels of hazardous substances in the ambient air to levels consistent with this use unless all of the following can be demonstrated: (i) The site does not serve as a current residential area; (ii) 

### The site is not likely to become a residential area in the future based on a review of site zoning,statutory or regulatory restrictions, comprehensive plans, historic site use, adjacent land uses, and other relevant factors; (iii) Appropriate institutional controls are implemented at the site to prohibit residential use; and (iv): 

### Air emissions from the site will not reduce the air 

### quality. in adjacent residential areas; or (v) More stringent concentrations are necessary to protect human health 

# e and the environment.

(12/25/93) (b) 

### Ambient air 

### cleanup levels for nonresidential site uses shall be established on a case-by-case basis. The overall limits on the hazard index and total excess

cancer risk specified in subsections (3) through (5) of this section shall apply to these sites. Cleanup levels for these types of sites shall be at least as stringent as method C cleanup levels established under subsection (4) of this section. (c) Ambient air 

### cleanup levels shall 

### be established at concentrations which do not directly or indirectly cause violations ofgroundwater, surface water, or soil cleanup standards established under this chapter or applicable state and federal laws. (2) Method A cleanup levels. (a) Method A cleanup levels for ambient air shall be 

### at least as stringent as concentrations established under applicable state and federal laws; (b)

. 

### The department may establish method A cleanup levels that are more stringent than those required by (a) of this subsection when, based on a site-specific evaluation, the department determines that such levels are necessary to protect human health and the environment. (3) Method B cleanup levels. (a) Method B cleanup levels for ambient air 

### shall be 

### atleast as stringent as all ofthe following: (i) Concentrations established under applicable state and federal laws; and (ii) For hazardous substances for which sufficiently protective health-based criteria or standards have not been established under applicable state and federal laws,those concentrations which protect human health and the

[Cb. 173-340 WAC-p 117](A) Concentrations which are estimated to result in no
acute or chronic toxic effects on human health and

are determined using the following equation and standard exposure assumptions: Ambient air cleanup level 

### = RFD x ABW x UCF x HQ (ug/m') BR x ABS Where:

Ambient air cleanup level 

### = (ug/m") Where:**~:i:~~** .' "



# C) 

# o 0,:/:.**~._** .' •• 0**.~** ". - Breathing rate (20 m3/day)

- Absorption percentage (1.0)

- Duration ofexposure (30 years);

The department may establish method'B cleanup levels that are more stringent than those required by (a) of this subsection, when, based on a site-specific evaluation, the department determines that such levels are necessary to protect human health and the environment.
Method C cleanup levels. (a) Method C cleanup levels may be approved by the department if the person undertaking the cleanup action can demonstrate that such levels are consistent with applicable state and federal laws, that best available control technology has been utilized, and that one or

.more of the conditions in WAC 173- 340-707(1) exist. (b) Method C cleanup levels for ambient air shall be at least as stringent as all of the following: (i) Concentrations established under applicable state and federal laws; and (ii) For hazardous substances for which sufficiently protective health-based criteria or standards have not been established under applicable state and federal laws, those concentrations which protect human health and the environment as determined by the following methods: (A) Concentrations which are anticipated to result in no significant acute or chronic effects on human health and

are estimated in accordance with WAC 173-340-750 (3)(a)(ii)(A) except that the average body weight shall be 70 kg and the estimated BR 

### ABS
DUR (b)

(4)

RISK x BW x LIFE x UCF CPF x BR x ABS x DUR 

### Model Toxics Control Act-Cleanup

environmentas determined by the following methods:

Acceptable cancer risk level (1 

### in 1,000,000) Body weight (70 kg)
Lifetime (75 years)
Units conversion factor (l,ooo ug/mg) Carcinogenic potency factor as specified in WAC 173-340-708(8) (kgday/mg) Reference Dose as specified in WAC 173-340-708(7) (mg/kg-day) Body weight (16 kg)
Units conversion factor (l,ooo ug/mg) Breathing rate (10 mj/day) Absorption percentage (1.0)
Hazard Quotient (1); (B) For known or suspected carcinogens, concentrations for which the upper bound on the estimated excess

cancer risk is less than or equal to 1 in 1,000,000 and

are determined using the following equation and standard exposure assumptions:

CPF = RISK =

BW = UFE = UCF = RFD 

## =

BW 

## = UCF 

## =

BR 

## = ABS 

## = HQ = 173-340-750

[Ch. 173-340 WAC-p 118] (12/25/93)

### Model Toxics Control Act--Cleanup 173-340-750

(5)



### (6) breathing rate shall be 20 m3/day; 

### and (B) For known or suspected carcinogens, concentrations for which the upper bound on the estimated excess cancer risk is less than or equal to 1 in 100,000 andare determined in accordance with WAC 173-340- 750 (3)(a)(ii)(B). (c) The department may establish method C cleanup levels that are more stringent than those required 

## by (b) 

### of this subsection, when, based on a site-specific evaluation, the department determines that such levels are necessary to protect human health and the environment.Multiple hazardous substances/multiple pathways of exposure. (a) Air

### cleanup levels for individual hazardous substances developed in accordance with subsections (3) and (4) of this section, including cleanup levels based on applicable state and federal laws, shall be 

### adjusted downward to take into account exposure to multiple hazardous substances and/or exposure resulting from more than one pathway of exposure. These adjustments shall be made. in accordance with the procedures in WAC 173-340-708 (5) arid (6). In making these adjustments, the·hazard index shall not exceed one and the total excess cartcer risk shall not exceed one in one hundred thousand. (b) These overall limits on the hazard index and total excess cancer risk shall also

. apply to sites where there is exposure to

a single hazardous substance by one exposure pathway, including those cleanup levels based on applicable state and federal laws.Points of compliance. Cleanup levels established under subsections (2), (3), (4), and (5) of this section shall be 

### attained in the ambient air 

### throughout the site. For sites determined to be 

### industrial sites under the criteria in WAC 173-340-745, the department may approve a conditional point ofcompliance not to exceed the property boundary. .: (7) Compliance monitoring. (a) Sampling and analytical procedures shall be 

### defined in a compliance monitoring plan prepared under WAC 173- 340-'410. The sample design shall provide data which are representative of the site. (b) Data analysis and evaluation proceduresused to evaluate compliance with ambient air 

### cleanup levels shall be 

### defmed in a compliance monitoring plan prepared under WAC 173-340-410. (c) Averaging times specified in applicable state and federal laws shall be 

### used to demonstrate compliance with those requirements. (d) When cleanup levels are not based on applicable state and federal laws, the following averaging times shall be 

### used: (i) 

### Compliance with ambient air cleanup levels for noncarcinogens shall be 

### based on twenty-four hour time weighted averages except where the cleanup level isbased upon an inhalation reference dose which specifies an alternate averaging time; (ii) Compliance with ambient air cleanup levels for carcinogens shall be 

### based on annual average concentrations. [Statutory Authority: Chapter 70.1050 RCW. 91- 04-019, §

### 173-340-750,. filed 1/28/91, effective 2/28/91.]

(12/25/93) lCh. 173-340 WAC-p 1191173-340-760 

### Model Toxics Control Act-Cleanup

PART VIII-GENERAL PROVISIONS 

# o



# o Property Access.

(2) (I) Normal entry procedures. (2) Notification o(property owner. (3) Orders and consent decrees. (4) Ongoing operations. (5) Acccss to documents. (6) Emergency entry. (7) Other aulhorities. (8) Acccss by potentially liable persons. (9) Information sharing. (10) Split samples. 

### (1) Normal entry procedures. Whenever there is

a reasonable basis to believe that a release or threatened release of a hazardous substance may exist, the department's authorized employees, agents or contractors 'may, after reasonable notice, enter upon any real property, public orprivate, to conduct investigations

or remedial actions. The notice shall briefly describe the reason for requesting access. For the purpose of this subsection, unless earlier access is granted, reasonable notice shall mean: (a) Written notice to site owner and operator to the extent known to the department, sent through the United States Postal Service at least three days prior to entry; or (b) Notice to site owner and operator to the extent known to the department, in person or by telephone at least twentyfour hours prior to entry.
Notification ofproperty owner. The department will ask a resident, occupant, or other persons in custody ofthe site to identify the name and address of owners of the property. If an owner is identified who has not been previously notified, the department will make

a prompt and reasonable effort to notify such

owners of remedial actions planned or conducted. 

### WAC 173-340-800 RESERVED. [Statutory Authority: Chapter 70.105D RCW. 91- 04-019, §173-340-760, filed 1/28/91, effective 2/28/91.] 

### WAC 173-340-760 

### Sediment Cleanup Standards.

(3) Orders and consent decrees. Whenever investigations or remedial actions are conducted under a consent decree or order, a potentially liable person shall not deny access to the department's authorized employees, 

# o

[Cb. 173-340 WAC-p 120] (12/25/93)

### Model Toxics Control Act-Cleanup 173-340..800

(4)

(5)

(6)

(7)

(8) 

### agents, or contractors to enter and move freely about. the property to oversee and verify investigations and remedial actions being performed, 

### Ongoing operations. Persons gaining access under this section shall take all reasonable precautions to avoid disrupting the ongoing operations on a site.

.Such persons. shall

.comply with all state and federal safety and health requirements which the department determines to be applicable. Access to documents. The department's authorized employees, agents or contractors may, after reasonable notice, enter property for the purpose of inspecting documents relating to a release or threatened release atthe facility. Persons maintaining such documents shall: (a) Provide access during normal business hours and allow the department to copy these documents; or (b) 

### At the department's request, providelegible copies of the requested documents to the department. Emergency entry. Notice by thedepartment's authorized employees, agents, or contractors is not required for entry onto property to investigate, mitigate, or abate an emergency posed by the release or threatened release of a hazardous substance. The department will make efforts which are reasonable under the circumstancesto promptly notify those owners and operators' to the extent known to the department of the actions taken. Other authorities. Where consent has not been obtained for entry, the department shall secure access in a manner consistent with state and federal law, including compliance with any warrant requirements. Nothing in this chapter shall affect site access authority

. granted under other state laws and regulations. Access by potentially liable persons. The department shall make reasonable efforts to facilitate access to real 

### property and documents for persons who are conducting remedial actions under either an order or decree. (9) Information sharing. The department will provide the documents and factual information on releases or threatened releases obtained through this section to persons who request such in accordance with chapter 42.17 RCW and chapter 173-03 WAC. The department does not intend application of these authorities to limit its sharing of such factual infonnation. (10) Split samples. Whenever the department intends to perform sampling at a site, it shall indicate in its notification under subsection (1) of this section whether sampling may occur. The person receiving notice may take split samples, provided this.does not interfere with

_ the department's sampling. [Statutory Authority: Chapter 70.105D RCW. 90- 08-086, § 

### 173-340-800, fIled 4/3/90, effective 5/4/90.]

(12/25/93) . lCh. 173-340 WAC-p 121]173-340-810 

### Model Toxics Control Act-Cleanup

WAC 173-340-810 

### Worker Safety and Health.

(1) General provisions. (2) Safety and bca1lh plan. (1) General provisions. Requirements under the Occupational Safety and Health Act of 1970 (29 U.S.C. Sec. 651 et seq.) and the Washington Industrial Safety and Health Act (chapter49.17 RCW), and regulations promulgated pursuant thereto shall be applicable to remedial actions taken under this chapter. These requirements are subject to enforcement by the designated federal and state agencies. All governmental agencies and private employers

are directly responsible for the safety and health oftheirown employees and compliance with those requirements. Actions taken by the department under this chapter do not constitute an exercise of statutory authority within the meaning of section (4)(b)(I)ofthe Occupational Safety and Health Act. (2) Safety and health plan. Potentially liable persons responsible for undertaking remedial actions under WAC 173-340-520 through 173-340-540, shall submit a safety and health plan for the department's review and comment. The safety and health plan must be consistent with chapter 49.17 RCW and regulations promulgated pursuant thereto. [Statutory Authority: Chapter 70.105D RCW. 90- 08-086, § 173-340-810, filed "4/3/90, effective 5/4/90.]

lCh. 173-340WAC-p 122] 

### WAC 173-340-820 

### Sampling and Analysis Plans.

(I) General. (2) Contcnls. (3) AvaiJablc guidance. (1) General. A sampling and analysis plan shall be prepared for all sampling activities which

are part ofinvestigation and" remedial actions unless otherwise directed by the department and except for emergencies. The level of detail required in the sampling and analysis plan may vary with the scope and purpose of the sampling activity

. Sampling and analysis plans prepared under an order or decree shall be submitted to the department for review and approval. (2) Contents. The sampling and analysis plan shall specify procedures which ensure that sample collection, handling, and analysis will result in data of sufficient quality to plan"and evaluate remedial actions at the site. Additionally, information necessary to insure proper planning and implementation of sampling activities shall be included. References
to standard protocols or procedures manuals may be used provided the information referenced is readily available to the department. The sampling and analysis plan shall contain: (a) A statement on the purpose and objectives of the data collection, including quality assurance and quality control requirements; (b) Organization and responsibilities for the sampling and analysis activities; (c) Requirements for sampling activities including: (i) Project schedule; (ii) Identification and justification of location and frequency of sampling; (iii) Identification and justification of parameters to be sampled and analyzed; (iv) Procedures for installation of sampling devices;

(12/25/93)

# c

o



# .:

### Model Toxics Control Act--Cleanup 173-340-830
(v) Procedures for sample collectionand handling, including procedures for personnel and equipment decontamination; (vi) Procedures for the management of waste materials generated by sampling activities, including installation of monitoring devices, in a manner that is protectiveof human health and the environment; (vii) Description and number ofquality assurance and quality control samples, including blanks and spikes; (viii) Protocols for sample labeling and chain of custody; and (ix) Provisions for splitting samples, where appropriate.· (d) Procedures for analysis of samples and reporting of results, including: (i) 

### Detection or quantification limits;(ii) Analytical techniques and procedures; (iii) Quality assurance and. quality control procedures; and (iv) Data reporting procedures, and where appropriate, validation procedures. (3) Available guidance. The department shall make available guidance for preparation of sampling and analysis plans. [Statutory Authority: Chapter 70.105D RCW. 90- 08-086, §

### 173-340-820, filed 4/3/90, 

### effective 5/4/90.]

(12125/93) 

### WAC 173-340-830 Analytical Procedures.

(I) Purpose. (2) General requirements. (3) Multiple methods. (4) Analytical methods. 

### (1) Purpose. This section specifies acceptable analytical methods and other testing requirements for sites where remedial action is being conducted under this chapter. (2) General requirements. (a) All hazardous substance analyses shall be conducted by a laboratory accredited under chapter 173-50 WAC, unless. otherwise approved by the department.' (b) 

### All analytical procedures used shall be done in accordance with a sampling and analysis plan prepared under WAC 173- 340-820. (c) Tests for which methods have not beenspecified in this section shall be performed using standard methods or procedures such as those specified by the American Society for Testing of Materials, when available, unless-other

### wise approved by the department. (d) Samples shall be analyzed consistent with methods appropriate for the site, the media being analyzed, the hazardous substances being analyzed for, and the anticipated use of the data. (e) The department may require or approve modifications to the standard analytical methods identified in subsection (4) ofthis section to provide lower quantitation limits, improved accuracy, greater precision, or to address the factors in (d) ofthis subsection. (f) 

### Limits of quantitation. Laboratoriesshall achieve the lowest practical quantitation limits consistent with the selected method and WAC 173-340-707. (3) Multiple methods. (a) Where there is more than one methodspecified in subsection (4) of this section with a practical quantitation limit

[Cb. 173-340 WAC-p 123]173-340-830 

### Model Toxics Control Act--Cleanup

less than the cleanup standard, any of the methods may be selected. In these situations, considerations in selecting a particular method may include confidence in the data, analytical costs, and considerations relating to quality assurance or analysis efficiencies. (b) The department may require an analysis to be conducted by more than one method in order to provide higher data quality. For example, the department may require that different separation and detection techniques be used to verify the presence of a hazardous substance ("qualification") and determine the concentration of the hazardous substance ("quantitation"). (4) AiiiIyiical methods. (a) The methods used for sample collection, sample preservation, transportation, allowable time before analysis, sample preparation, analysis, method detection limits, practical quantitation limits, quality control, quality assurance and othertechnical requirements and specifications shall comply with the following requirements, as applicable: (i) Method 1. TEST METIIODS FOR EVALUATING SOUD WASTE, U.S. EPA, SW-846and any revisions or amendments thereto; (ii) Method 2. METHODS FOR CHEMICAL ANALYSIS OF WATER AND WASTES, U.S. EPA, EPA-600/4-79-020and any revisions or amendments thereto; (iii) Method 3.. GUIDEUNES ESTABUSIDNG TEST PROCEDURESFOR TIlE ANALYSIS OF POLLUTANTS UNDER THE CLEAN WATER ACT, 40 CfR 136, and Appendix A, B, and C, U.S. EPA and any revisions or amendments thereto;

[Ch. 173-340 WAC-p 124] (iv) Method4. STANDARD METHODS FOR TIIE EXAMINATION OF WATER AND 

# C
WASTEWATER, American PublicHealth Association, American Water Works Association, and Water Pollution Control Federation and any revisions or amendments thereto; (v) Method 5. RECOMMENDED PROTOCOLS FOR MEASURING SELECTED ENVIRONMENTAL VARIABLES IN PUGET SOUND, Puget Sound Estuary Program/Tetra Tech, 1986 and any 

### revisions or amendments thereto; (vi) Method 6. QUAliTY ASSURANCE INTERIM GUIDEUNES FOR WATER QUAliTY SAMPLING AND ANALYSIS, Groundwater Management Areas Program, Washington Department of Ecology, Water Quality 

# C Investigations. Section, December1986 and any revisions or amendments thereto; or (vii) Equivalent methods subject to approvalby the department. (b) The methods used for a particular hazardous substance at a site shall be selected in consideration of the factors in subsection (2) ofthis section. (c) Ground water. Methods 1, 2, 3 and 4,

as described in (a) of this subsection, may be used to determine compliance with WAC 173-340-720. (d) Surface water. Methods 1, 2, 3, 4 and 5 as described in (a) ofthis subsection, may be used to determine compliance with WAC 173-340-730. (e) Soil. Method 1, as described in (a) ofthis subsection, may be used to determine compliance with WAC 173-340-**C~)** 740 and 173-340-745. /

(12/25/93)

### Model Toxics Control Act--Cleanup 173-340-840

(f) Air. Appropriate methods fordetermining compliance with WAC 173-340-750 shall be selected on 

## a case-by-case basis, in consideration ofthe factors in subsection (2) ofthis section. [Statutory Authority: Chapter 70.105D RCW. 91- 04-019, §173-340-830, filed 1128/91
, effective 2/28/91; 90-08-086, §173-340-830, filed 4/3/90, effective 514/90.]

(12125/93)

. 

### WAC 173-340-840 General Submittal Requirements.

(1) Caver letter. (2) Number ofcopies. (3) Certification (4) Visuals. (5) Sampling data. (6) Appendix. Unless otherwise specified by the department, all reports, plans, specifications, and similar information submitted under this chapter shall meet the following requirements: (I) Cover letter. Include a letter describing the submittal and specifying the desired department action or response. (2) Number of copies. Three copies ofthe plan

or report shall be submitted to the department's office responsible for the facility. The department may require additional copies to meet public participation and interagency coordination needs. (3) Certification. All engineering work submitted under this chapter shall be under the seal ofa professional engineer registered with the state ofWashington. (4) Visuals. Maps, figures, photographs, and tables to clarify information or conclusions shall be legible. All maps, plan sheets, drawings, and cross-sections shall meet the following requirements: (a) To facilitate filing and handling, be

. on paper no larger than 24 x**~6** inches and no smaller than 8 112 x II inches. Photo-reduced copies of plan sheets may be submitted provided at least one full-sized copy of the photo-reduced sheets are included in the submittal. (b) Identify and use appropriate and consistent scales to show all required details in sufficient clarity. (c) Be numbered, titled, have a legend of all symbols used, 

### and specify drafting

or origination dates. (d) Contain a north arrow. (e) Use United States Geological Survey datum as a basis for all elevations.

lCb. 173-340 WAC-p 125]

### 173-340-840 

### Model Toxics Control Act-Cleanup

(f) 

### For planimetric views, show a survey grid based on monuments established in the field and referenced to state plane coordinates. Thisrequirement does not apply to conceptual diagrams or sketches when the exact location of items shown is not needed to convey the necessary information. (g) Where grades are to be changed, show original topography in addition to showing the changed site topography. This requirement does not apply to conceptual diagrams or sketches where before and after topography is not needed to convey the necessary information. (h) For cross-sections, identify the location and be cross-referenced to the appropri- "ate planimetric view. A reduced diagram of a cross-section location map shall be included on the sheets with the cross-sections. (5) Sampling data. All sampling data shall be 

### submitted consistent with procedures specified by the department. (6) Appendix. An 

### appendix providing the principal information relied upon in preparation ofthe submittal. This should include, for example: A complete citation of references; applicable raw data; a description of, or where readily available, reference to testing and sampling procedures used; relevant calculations; and any other information needed to facilitate review. [Statutory Authority: Chapter 70.105D RCW. 90- 08-086, § 

### 173-340-840, med 4/3/90, effective 5/4/90.]

lCb. 173-340 WAC-p 126] 

### WAC 173-340-850

. 

### Recordkeeping Requirements. (1) Any remedial actions at a facility must be 

# 0

documented with adequate records. SU9h records may include: Factual information or data; relevant decision documents; and any other relevant, site specific documents or information. (2) Unless otherwise required by the department, records shall be 

### retained for at least ten years from the date of completion of compliance monitoring. (3) Records shall be retained by the person takingremedial action, unless the department requires that person to submit the records to the department. (4) The department shall maintain its records in accordance with chapter 42.17 RCW. [Statutory Authority: Chapter 70.105D RCW. 90- 08-086, §

### 173-340-850, filed 4/3/90, effective 5/4/90.] 

# o

o

(12125/93)

### Model Toxics Control Act-Cleanup 173-340-870



### WAC 173-340-860 

### Endangerment.
In the event that the department determines that any activity being performed at a hazardous waste site is creating or has the potential
to create a danger to human health or the environment, the department may direct such activities to cease for such period oftime as it deems necessary to abate the danger.
, [Statutory Authority: Chapter 70.105D RCW. 90- 08-086, § 173-340-860, filed 4/3/90, effective 5/4/90.]

(12/25/93) 

### WAC 173-340-870 

### Project Coordinator.
The potentially liable person shall designate a project coordinatorfor work performed under

an order or decree.

.The project coordinator shall be the designated representative for the purposes of.the order or decree. That person shall coordinate with the department and the public and shall. facilitate compliance with requirements ofthe order or decree. [Statutory Authority: Chapter 70.105D RCW. 90- 08-086, §173-340-870, filed 4/3/90, effective 5/4/90.]

lCh. 173-340 WAC-p 127]173-340-880 

### Model Toxics Control Act-Cleanup

WAC 173-340-880 

### Emergency Actions. Nothing in this chapter shall limit the authorityof the department, its employees, agents,

or contractors to take or.require appropriate action in the event ofan emergency

.. [Statutory Authority: Chapter 70.105D RCW. 90- 08-086, §173-340-880, filed 4/3/90, effective 5/4/90.]

[Ch. 173-340 WAC-p 128] 

### WAC 173-340-890 

### Severability. If any provision ofthis chapter or its applica- 

# 0
tion to any person or circumstance is held invalid, the remainder of this chapter or**t~e** application of the provision to· other persons
or circumstances shall not be affected. [Statutory Authority: Chapter 70.105D RCW. 90- 08-086, § 173-340-890, filed 4/3/90, effective 5/4/90.]



# o

o

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## Chapter 70.105D RCW HAZARDOUS WASTE CLEANUP--MODEL TOXICS CONTROLACf

Sections 70.1050.010 Declaration of policy. 70.1050.020 Definitions. 70.1050.030 Department's powers and duties. 70.1050.040 Standard of liability. 70.1050.050 Enforcement. 70.1050.060 Timing ofreview. 70.1050.070 Toxies control accounts. 70.1050.900 Short title--\989 c 2. 70.1050.905 Captions--1989c 2. 70.1050.910**Constructio~1989** c 2. 70.1050.915 ExistingagreeJilents--I.989 c 2. 70.1050.920 Effectivedate-1989 c 2. 70.1050.921 Severability-I989 c 2.

RCW 70.105D.010 Declaration of policy. (I) Each person has a fundamental and inalienable right to ahealthful environment, and each person has a responsibility to preserve and enhance that right. The beneficial stewardship of the land, air, and waters of the state is a solemn obligation of the present generation for the benefit of future generations. (2) A healthful environment is now' threatened by the irresponsible use and disposal of hazardous substances. There are hundreds of hazardous waste sites in this state, and more will be created if current waste practices continue. Hazardous waste sites threaten the state's water resources, including those used for public drinking water. Many of our municipal landfills are current or potential hazardous waste sites and present serious threats to human health and environment. The costs of eliminating these threats in many cases are beyond the financial means of our local governments and ratepayers. The main purpose of ·this act is to raise sufficient funds to clean up all hazardous waste sites and to prevent the creation or' future hazards due to improper disposal of toxic wastes into the state's land and waters. (3) Many farmers and small business owners who have followed the law with respect to their uses of pesticides and other chemicals nonetheless may face devastating economic consequences because their uses have contaminated the environment or the water supplies of their neighbors. With a source of funds, the state may assist these farmers and business owners, as well as those persons who sustain damages, such as the loss of their drinking water supplies, as a result of the contamination.(4) Because it is often difficult or impossible to allocate responsibility among persons liable for hazardous waste sites and because it is essential that sites becleaned up well and expeditiously, each responsible person should be liable jointly and severally. [1989 c 2 § I (Initiative Measure No. 97, approved November 8, 1988).]

(1989 Laws) *ReY!ser's note: For codification of 'this act' (1989 c 2J, see Codification Tables, VolumeO.

RCW 70.105D.020 Definitions. (I) "Department" means the department of ecology. (2) "Director" means the director of ecology or the director's designee. (3) "Facility" means (a) any building, structure, installation, equipment, pipe or pipeline (including any pipe into a sewer or publicly owned treatment works), well. pit. pond, lagoon, impoundment, ditch, landfill. storage container, motor vehicle, rolling stock, vessel. or aircraft, or (b) any site or area where a hazardous substance, other than a consumer product in consumer use, has been deposited, stored, disposed of, or placed, or otherwise come to be located. (4) "Federal cleanup law" means the federal comprehensive environmental response, compensation, and liability act of 1980, 42 U.S.c. Sec. 9601 et seq., as amended by Public Law 99-499. (5) "Hazardous substance" means: (a) Any dangerous or extremely hazardous waste as defined in RCW 70.105.010 (5) and (6), or any dangerous or extremely dangerous waste designated by rule pursuant to chapter 70.105 RCW; (b) Any hazardous substance as defined in RCW 70.105.010( 14) or any hazardous substance as defined by rule pursuant to chapter 70.105 RCW; (c) Any substance that, on March I. 1989. is a hazardous substance under section 101( 14) of the federal cleanup law, 42 U.S.C. Sec. 9601(14); (d) Petroleum or petroleum products; and (e) Any substance or category of substances, including solid waste decomposition products, determined by the director by rule to present a threat to human health or the environment if released into the environment.

The term hazardous substance does not include any of the following when contained in an underground storage tank from which there is not a release: Crude oil or any fraction thereof or petroleum, if the tank is in compliance with all applicable federal, state. and local law. (6) "Owner or operator" means: (a) Any person with any ownership interest in the facility or who exercises any control over the facility; or (b) In· the case of an abandoned facility, any person who had owned, or operated, or exercised control over the facility any time before its abandonment; The term does not include: (i) An agency of the state or unit of local government which acquired ownership or control involuntarily through bankruptcy, tax delinquency, abandonment, or

leb. 7lUOSO RCW-il II70.105D.020 Hazardous Waste Cleanup

circumstances rn which the government involuntarily acquires title. This exclusion does not apply to an agency of the state or pnit of local government which has caused

or contributed to the release or threatened release of a hazardous substance from the facility; or (ii) A person who. without participating in the management of a facility, holds indicia of ownership primarily to protect the person's security interest in the facility. (7) "Person" means an individual, firm, corporation, association, partnership, consortium, joint venture, commercial entity, state government agency, unit of local government, federal government agency, or Indian tribe.

. (8) "Potentially liable. person" means any .person whom the department finds, based on credible evidence, to be liable under RCW 70.105D.040. The departmentshall give notice to any such person and allow an opportunity for comment

.before making the finding, unless an emergency requires otherwise. (9) "Public notice" means, at a minimum, adequatenotice mailed to all persons who have made timely request of the department and to persons residing in the potentially affected vicinity of the proposed action; mailed to appropriate news media; published in the newspaper of largest circulation in the city or county of the proposed action; and opportunity for interested persons to comment.

. (10) "Release" means any intentional or unintentional entry of any hazardous substance into the environment, including but not limited to the abandonment or disposal ofcontainers of hazardous substances. (11) "Remedy" or "remedial action" means any action or expenditure consistent with the purposes of this chapter to identify, eliminate, or minimize any threat or potential threat posed by hazardous substances to human health or the environment including any investigative and monitoring activities with respect to any release

or threatened release of a hazardous substance and any health assessments or health effects studies conducted in order to determine the risk or potential risk to human health. [1989 c 2 § 2 (Initiative Measure No. 97, approved November 8, 1988).)

RCW 70.105D.OJO Department's powers and duties. (I) The department may exercise the following powers in addition to any other powers granted by law:

(a) Investigate, provide for investigating, or require potentially liable persons to investigate any releases or threatened releases of hazardous substances, including but not limited to inspecting, sampling, or testing to determine the nature or extent of any release or threatened release. If there is a reasonable basis to believe that a release or threatened. release of· a hazardous substance may exist, the department's authorized employees, agents. or contractors may enter upon any property and conduct investigations. The department shall give reasonable notice before entering property unless an emergency prevents such notice. The department may by subpoena require the attendance or testimony of witnesses and the production of documents or other information that the department deems necessary;

ICb. 70.105D RCW-p 2) (b) Conduct. provide for conducting, or require potentially liable persons to conduct remedial actions (in- 

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cluding investigations under (a) of this subsection) to ./

. remedy releases or threatened releases of hazardous

substances. In carrying out such powers, the department's authorized employees. agents, or contractors may enter upon property. The department shall give reasonable notice before entering property unless an emergency prevents such notice. In conducting, providing for, or requiring remedial action, the department shall give preference to permanent solutions to the maximum extent practicable and shall provide for or require adequate monitoring to ensure the effectiveness of the remedial action; (c) Indemnify contractors retained by the department for carrying out investigations and remedial actions, but not for any contractor's reckless or wilful misconduct; (d) Carry out all state programs authorized under thefederal cleanup law and the federal resource, conservation, and recovery act, 42 U.S.c. Sec. 6901 et seq., as amended; (e) Classify substances as hazardous substances for purposes of RCW 70.105D.020(5)

.and classify substances and products as hazardous substances for purposes of RCW 82.21.020(1); and (f) Take any other actions necessary to carry out the provisions of this chapter. including the power to adopt rules under chapter 34.05 RCW. (2) The department shall immediately implement all provisions of this chapter to the maximum extent practicable, including investigative and remedial actions where 

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appropriate. The department, within nine months after March I, 1989, shall adopt, and thereafter enforce, rules under chapter 34.05 RCW to: (a) Provide for public participation, including at least (i) the establishment of regional citizen's advisory committees, (ii) public notice of the development of investigative plans or remedial plans for releases or threatened releases, and (iii) concurrent public notice of all compliance orders, enforcement orders, or notices of violation; (b) Establish a hazard ranking system for hazardous waste sites; (c) Establish reasonable deadlines not to exceed ninety days for initiating an investigation of a hazardous waste site after the department receives information that the site may pose a threat to human health or the environment and other reasonable deadlines for remedying releases or threatened releases at the site; and (d) Publish and periodically update minimum cleanup standards for remedial actions at least as stringent as the cleanup standards under section 121 of the federal -cleanup law, 42 U.S.c. Sec. 9621. and at least as stringent as all applicable state and federal laws, including health-based standards under state and federal law. (3) Before November 1st of each even-numbered year, the department shall develop, with public notice and hearing, and submit to the ways and means and appropriate standing environmental committees of the senate and house of representatives a ranked list of projects and expenditures recommended for appropriation from 

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(191l9 Laws)Hazardous Waste Cleanup 70. 105D.040

both the state and local toxies control accounts. The department shall also provide the legislature and the public each year with an accounting of the departrnent'sactivities supported by appropriations from the state toxics

. control account, including a list of known hazardous

waste sites and their hazard rankings, actions taken and planned at each site, how the department is meeting its top two management priorities under RCW 70. I05. I50, and all funds expended under this chapter

.. (4) The department shall establish a' scientific advisory board to render advice to the department with respect to the hazard ranking system, cleanup standards, remedial actions, deadlines for remedial actions, monitoring, the classification of substances as hazardous substances for purposes of RCW 70.1050.020(5) and the classification of substances or products as hazardous substances for purposes of RCW 82.21.020( 1). The board shall consist of five independent members to serve staggered three-yearterms. No members may be employees of the department. Members shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060. (5) The department shall establish a program to identify potential hazardous waste sites and to encourage persons to provide information about hazardous waste sites. [1989 c 2 § 3 (Initiative Measure No. 97, approved November 8, 1"988).]

RCW 10.105D.040 Standard of liability. (I) Except

as provided in subsection (3) of this section, the following persons are liable with respect to a facility: (a) The owner or operator of the facility; (b) Any person who owned or operated the facility at the time of disposal or release of the hazardous substances; (c) Any person who owned or possessed a hazardous substance and who by contract, agreement, or otherwise arranged for disposal or treatment of the hazardous substance at the facility, or arranged with a transporter for transport for disposal or treatment of the hazardous substances at the facility, or otherwise generated hazardous wastes disposed ofor treated at-the facility; (d) Any person (i) who accepts or accepted any hazardous substance for transport to a disposal, treatment,

or other facility selected by such person from which there is a release or a threatened release for which remedial action is required, unless such facility, at the time of disposal or treatment, could legally receive such substance; or (ii) who accepts a hazardous substance for transport ,to such a facility and has reasonable grounds to believe that such facility is not operated in accordance with chapter 70.105 RCW; and

(e) Any person who both sells a hazardous substance and is responsible for written instructions for its use if (i) the substance is used according to the instructions and (ii) the use constitutes a release for which remedial action is required at the facility. (2) Each person who is liable under this section is strictly liable, jointly and severally. for all remedial action costs and- for all natural resource damages resulting from the releases or threatened releases of hazardous

(1989 Laws) substances. The attorney general. at the request of the department, is empowered to recover all costs and damages from persons liable therefor, (3) The following persons are not liable under this section: (a) Any person who can establish' that the release or / threatened release of a hazardous substance for which' the person would be otherwise responsible was caused solely by: (i) An act ofGod; (ii) An act of war; or (iii) An act or omission of a third party (including but not limited to a trespasser) other than (A) an employee

or agent of the person asserting the defense, or (8) any person whose act or omission occurs in connection with a contractual relationship existing, directly or indirectly, with the person asserting this defense to liability. This defense only applies where the person asserting the defense has exercised the utmost care with respect to the hazardous substance, the foreseeable acts or omissions of the .third party, and the foreseeable consequences of those acts or omissions; • (b) Any person who is an owner, past owner, or purchaser of a facility and who can establish by a preponderance of the evidence that at the time the facility was acquired by the person, the person had no knowledge or
reason to know that any hazardous substance, the release or threatened. release of which has resulted in or contributed to the need for the remedial action, was released or disposed of on, in, or at the facility, This subsection (b) is limited as follows: (i) To establish that a person had no reason to know, the person must have undertaken. at the time of acquisition. all appropriate inquiry into the previous ownership and uses of the property. consistent with good commercial or customary practice in an effort to minimize liability. Any court interpreting this subsection (b) shall " take into account any specialized knowledge or experience on the part of the person. ttie relationship of the purchase price to the value of the property if uncontaminated. commonly known or reasonably ascertainable in-

.formation about the property. the obviousness of the presence or likely presence of contamination at the property. and the ability to detect such contamination by appropriate inspection; (ii) The defense contained in this subsection (b) is' not available to any person who had actual knowledge ofthe release or threatened release of a hazardous substance when the person owned the real property and who subsequently transferred ownership of the property without first disclosing such knowledge to the transferee; (iii) The defense contained in this subsection (b) is not available to any person who. by any act or omission. caused or contributed to the release or threatened release of a hazardous substance at the facility; (c) Any natural person who uses a hazardous substance lawfully and without negligence for any personal

or domestic purpose in or near a dwelling or accessory, structure when that person is: (i) A resident of the dwelling; (ii) a person who. without compensation, assists the resident in the use of the substance; or (iii) a

(Ch. 70.1050 RCW-p 3170.1050.040 Hazardous Waste Cleanup

person who is employed by the resident, but who is not

an independent contractor; (d) Any person who, for the purpose of growing food crops, applies pesticides or fertilizers without negligence and in accordance with all applicable laws and regulations. (4) There may be no settlement by the state with any person potentially liable under this chapter except in accordance with this subsection. / (a) The attorney general may agree to a settlement with any potentially liable person only if the department finds, after public notice and hearing, that the proposed settlement would lead to a more expeditious cleanup of hazardous substances in compliance with cleanup standards under RCW 70.1050.030(2)(d) and with any remedial orders issued by the department. Whenever practicable and in the public interest, the attorney general may expedite such a settlement with persons whose contribution is insignificant in amount and toxicity. (b) A settlement agreement under this subsection shall be entered as a consent decree issued by a court of competentjurisdiction. (c) A settlement agreement may contain a covenant not to sue only of a scope commensurate with the settlement agreement in favor of any person with whom the attorney general has settled under this section. Any covenant not to sue shall contain a reopener clause which requires the court to amend the covenant not to sue if factors not known at the time of entry of the settlement agreement are discovered and present a previously unknown threat to human health or the environment. (d) A party who has resolved its liability to the state under this subsection shall not be liable for claims for contribution regarding matters addressed in the settlement. The settlement does not discharge any of the other liable parties but it reduces the total potential liability of the others to the state by the amount of the settlement. (5) Nothing in this chapter affects or modifies in any way any person's right to seek or obtain relief under other statutes or under common law, including but not limited to damages for injury or loss resulting from a release or threatened release of a hazardous substance. No settlement by the department or remedial action ordered by a court or the department affects any person's right to obtain a remedy under common law or other statutes. [1989 c 2 § 4 (Initiative Measure No. 97, ap- . proved November 8, 1988).]

RCW 70.1050.050 Enforcement. (I) With respect to any release. or threatened release, for which the department does not conduct or contract for conducting remedial action and for which the department believes remedial action is in the public interest. the director shall issue orders requiring potentially liable persons toprovide the remedial action. Any liable person who refuses. without sufficient cause. to comply with an order of the director is liable in an action brought by the attorney general for:(a) Up to three times the amount of any costs incurred bythe state as a result of the party's refusal to' comply; and

leb. 70.I05D RCW-p 41 (b) A civil penalty of up to twenty-five thousand dol- ,(.r,; lars for each day the party refuses to comply. '-../ The treble damages and civil penalty under this subsection apply to all recovery actions filed on or after March I. 1989.

(2) Any person who incurs costs complying with an order issued under subsection (I) of this section may petition the department for reimbursement of those costs. If the department refuses to grant reimbursement, the person may within thirty days thereafter file suit and recover costs by proving that he or she was not a liable person under RCW 70.1050.040 and that the costs incurred were reasonable

.. (3) The attorney general shall seek, by filing an actionif necessary, to recover the amounts spent by the department for investigative and remedial actions and orders, including amounts spent prior to March I. 1989. (4) The attorney general may bring an action to secure such relief as is necessary to protect human health and the environment under this chapter. (5) (a) Any person may commence a civil action to compel the department to perform any nondiscretionary duty under this chapter. At least thirty days before commencing the action, the person must give notice of intent to sue. unless a substantial endangerment exists. The court may award attorneys' fees and other costs to the prevailing party in the action. (b) Civil actions under this section and RCW 70.1050.060 may be brought in the superior court of Thurston ceunty or of the county in which the release or 

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threatened release exists. [1989 c 2 § 5 (Initiative Measure No. 97. approved November 8. 1988).]

RCW 70.1050.060 Timing of review. The department's investigative and remedial decisions under RCW 70.1050.030 and 70.1050.050 and its decisions regarding liable persons under RCW 70.1050.020(8) and 70.1050.040 shall be reviewable exclusively in superior court and only at the following times: (I) In a cost recovery suit under RCW 70.1050.050(3); (2) in a suit by the department to enforce an order or seek a civil penalty under this chapter; (3) in a suit for reimbursement under RCW 70.1050.050(2); (4) in a suit by the department to compel investigative or remedial action; and (5) in a citizen's suit under RCW 70.1050.050(5). The court shall uphold the department's actions unless they

were arbitrary and capricious. [1989 c 2 § 6 (Initiative Measure No. 97. approved November 8. 1988).]

RCW 70.1050.070 Toxics control accounts. (I) The state toxies control account and the local toxics control account are hereby created in the state treasury. (2) The following moneys shall be deposited into the state toxics control account: (a) Those revenues which are raised by the tax imposed under RCW 82.21.030 and which are attributable to that portion of the rate equal to thirty-three one-hundredths of one percent; (b)the costs of remedial actions recovered under this chapter or chapter 70.105A RCW after March I. 1989; (c) penalties collected or recovered under this chapter; and 

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(d) any other money appropriated or transferred to the

(1989 Laws)Hazardous Waste Cleanup 70.105D.920 

# • account by the legislature. Moneys in the account may be used only to carry out the purposes of this chapter,
, including but not limited to the following activities... (i) The state's responsibility for hazardous waste planning, management, regulation, enforcement, technical assistance. and public education required under chapter 70.105 RCW;
, (ii) The state's responsibility for solid waste planning, management, regulation, enforcement. technical assistance, and public education required under chapter 70.95 RCW; "

(iii) The hazardous waste cleanup program required under this chapter; (iv) State matching funds required under the federal cleanup law: (v) Financial assistance for local programs in accordance with RCW 70.95.130, 70.95.140, 70.95.220, 70.95- .230, 70.95.530, 70.105.220, 70.105.225, 70.105.235, and 70.105.260: (vi) State government programs for the safe reduction, recycling, or disposal of hazardous wastes from, households, small businesses, and agriculture; (vii) Hazardous materials emergency response training; (viii) Water and environmental health protection and monitoring programs; (ix) Programs authorized under chapter 70.146 RCW; (x) A public participation program, including regional citizen advisory committees;
, (xi) Public funding to assist potentially liable persons to pay for the costs of remedial action in compliance with cleanup standards under RCW 70.l05D.030(2)(d) but only when the amount and terms of such funding are established under a settlement agreement under RCW 70.l05D.040(4) and when the director has found that the funding will achieve both (A) a substantially more expeditious or enhanced cleanup than would otherwise occur, and (B) the prevention or mitigation of unfair economic hardship; and (xii) Development and demonstration of alternative management technologies designed to carry out the- top two hazardous waste management priorities of RCW 70.105.150. (3) The following moneys shall be deposited into the local' toxies control account: Those revenues which are raised by the tax imposed under RCW 82.21.030 and which are attributable to that portion of the rate equal to thirty-seven one-hundredths of one percent. Moneys deposited in the local toxics control account shall be used by the department for grants to local governments for the following purposes in descending order of priority: (a) Remedial actions; (b)"hazardous waste plans and programs under RCW 70.105.220, 70.105.225, 70.105- .235, and 70.105.260: and (c) solid waste plans and programs under RCW 70.95.130, 70.95.140, 70.95.220, and 70.95.230. Funds for plans and programs shall be allocated consistent with the priorities and matching requirements established in chapters 70.105 and 70.95 RCW.

(4) Except for unanticipated receipts under RCW 43- .79.260 through 43.79.282, moneys in the state and local

(1989 Laws) toxics control accounts may be spent only after appropriation by statute. All earnings from investment of balances in the' accounts, except as provided in RCW 43.84.090, shall be credited to the accounts. (5) One percent of the moneys deposited into the state and local toxies control accounts shall be allocated only for public participation grants 10 persons who may be adversely affected by a release or threatened release ofa hazardous substance and to not-for-profit public interest organizations. The primary purpose of these grants is to facilitate the participation by persons and organizations in the investigation and remedying of releases or threatened releases of hazardous substances and to implement the, state's solid and hazardous waste management priorities. No grant may exceed fifty thousand dollars though it may be renewed annually. Moneys appropriated for public participation from either account which are not expended at the close of any biennium shall revert to the state toxies control account. (6) No moneys deposited into either the state or local toxics control account may be used for solid waste incinerator feasibility studies, construction, maintenance,

or operation. (7) The department shall adopt rules for grant issuance and performance. [1989 c 2 § 7 (Initiative Measure No. 97, approved November 8, 1988).]

RCW 70.105D.9OO Short title--1989 c 2. This act shall be known as "the model toxies control act." [1989 c 2 § 22 (Initiative Measure No. 97, approved November 8, 1988).]

RCW 70.105D.905 Captions--1989 c 2. As used in this act. captions constitute no part of the law. [1989 c 2 § 21 (Initiative Measure No. 97, approved November 8, 1988).]

RCW 70,I05D.910 Construction--I989 c 2. The provisions of this act are to be liberally construed to effectuate the policies and purposes of this act. In the event of conflict between the provisions of this act and any other act, the provisions of this act shall govern. [1989 c 2 § 19 (Initiative Measure No. 97, approved November 8, 1988).]

RCW 70.105D.915 Existing agreements---1989 c 2. The consent orders and decrees in effect on March I, 1989, shall remain valid and binding. [1989 c 2 § 20 (Initiative Measure No. 97, approved November 8, 1988).]

RCW 70.I05D.920 Effec:the date--1989 c 2. (1) Sections 1 through 24 of this act shall take effect March I, 1989, except that the director of ecology and the director of revenue may take whatever actions may be necessary to ensure that sections 1 through 24 of this act
are implemented on their effective date. *(2) This section does not apply and shall have no force or effect if (a) this act is passed by the legislature in the 1988 regular session or (b) no bill is enacted by the legislature involving hazardous substance cleanup

[Ch. 70.1050 RCW-p 51(along with any other subject matter) between August 15.1987. and January I. 1988. [1989 c 2 § 26 (Initiative Measure No. 97. approved November 8. 1988).)

eRn_'s DOte: Neither condition contained in subsection (2) was met. 70.105D.910 Hazardous Waste Oeanup

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RCW**70.I~D.911** Se,erability--1989 c 1. If any provision of this act or its application to any person or circumstance is held invalid. the remainder of the' act or the application of the provision to other persons or circumstances is not affected. [1989 c 2 § 18 (Initiative Measure No. 97. approved November 8. 1988).)

[eb. 70.1OSD RCW-p 6) (19M9 Laws)

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