OFFICEOFTHE

AITORNEYGENERAl.,

June 7, 1983

Mr. James Moore

Regional Counsel

U. S. Environmental Protection Agency

Region X

1200 Sixth Avenue

Seattle, Washington 98101

Re: Resource Conservation & Recovery Act

Dear Jim:

In accordance with our telephone conversation of

yesterday, I am enclosing a draft of the materials we

discussed last week pertaining to the RCRA interim

delegation.

I hope that you and Ted will have a chance to review

it in the near future. As soon as you have completed

your review, I would appreciate it if you would give me

a call.

Kindest regards.

Very truly yours,

qJ. ,~. Charles B. Roe, Jr.

Senior Assistant Attorney General

CBR:bj

Enclosure

cc: Charles Douthwaite

Earl Tower

Ken Eikenberry At1orn~y General

Temple of Justice. Olympia. Washington 98504

~3

fR?g@~nw~!DJ

JUN 81983

OfRCE OF REGIONAL COUNSEL

EPA - REGION X
\1

June 7, 1983

Mr. Donald W. Moos

'Director, Department of Ecology

MS PV-11

Olympia, WA 98504

Re: Dangerous Waste Regulatory Program

Dear Mr. Moos:

.. This office: by letter dated September 7, '1982, provided you

with a statement which described, among other things, the

authority of the Department of Ecology to operate a dangerous

waste regulatory program in accordance with the federal

Resources Conservation and Recovery Act of 1976 (RCRA). We

are writing this letter to bring to your attention certain

legislation enacted by the Washington Legislature' earlier

this year. This letter also responds to questions raised by

the United States Environmental Protection Agency in its

review of the state's application for interim authorization

under RCRA.

0'
," '.

The 1983 Legislation

;The 1983 session of the Washington state Legislature enacted

thIe~ measures which relate to the Department of Ecology's

dangerous waste regulations. See, Engrossed Senate Bill

tESB) 3674, Substitute Bouse Bill (SBB) 712, and Substitute

Bouse Bill (SHB) 64. (A copy of each of these enactments is

attached). The 1983 session of the Legislature adjourned on

May 23, 1983, ESB 3674 and SBB 64 are effective 90 days after

that date, or on August 21, 1983. SBB 712 goes into effect

in stages. See, SHB 712, section 15.

ESB 3674. and SHB 712 § 6(4) provide to the Department of

Ecology the full authority to administer all programs of the

federal Resource Conservation and Recovery Act (RCRA), 42

U.S.C. 6901 et seg., insofar as state implementation of that

Act is concerned. These measures were enacted to resolve

any possible ambiguities involving the powers of the Department of Ecology. SHB64 increases the maximum civil penalty

~.

which may be assessed under ch. 70.105 RCW from $1,000 to

$10,000 as per EPA interim authorization regulations (see,

40 CFR 123.9(a)(3)(i», and authorizes issuance of regulatory

orders by the Department of Ecology.
(:

I

'.

Authority to Regulate Dangerous Waste Recyclers

(EPA)

~The Environmental Protection Agency~questioned whether the -

Department's authority to regulate ". . discarded, abandoned, useless, £!: unwanted ... substances." RCW 70.105-

.',. 010 (5) (emphasis added), authorizes regulation of recyclers.

Note, first the powers granted in ESB 3674 and SHB 712 ~4).

Please note also that EPA and Department of Ecology regulations concerning recyclers, i.e., 40 CFR 261.6 and WAC 173-

303-120, respectively, are practically identical. In this

regard, EPA has authority under RCRA to regulate "solid waste,."

which means, ", in the most general sense, " discarded

material ... " 42 U.S.C. 6903(27). It appears then that

the Department's and EPA'S regulations and statutory authority

are substantially equivalent.!!

Energy Facility site Evaluation Council

The Energy Facil'ity Site Evaluation Council (EFSEC) has

adopted permanent rules which require that applicable provisions of Department of Ecology dangerous waste regulations,

ch. 173-303 WAC, be applied to on-site dangerous waste activities at energy facilities. See, ch. 463-40 WAC. (Copy

attached as Exhibit 4. Note that the statutory authority
·'

identified therein is RCW 80.50.040 (1) ). EFSEC has also'

committed, by agreement with the Department, to

". . . require compliance with all substantive provisions of ch. 173-303 WAC which are

identified in testimony, presented during

contested case hearings before EFSEC, by WDOE

witnesses as being applicable to the project. II

(A full text of the agreement is attached as

Exhibit S.)

This arrangement is supplemented by EFSEC's commitment to

adhere to the State/EPA Memorandum of Agreement ~reviaed

prov,'de.2 ' which will beAby your agency to the Environmental Protection

Agency incident to this state's application for interim

authorization.

- Generator standards and Financial Responsibility

The issue under these topics actually concerns the Adrninistrative Procedure Act (APA), ch. 34.04 RCW. The question, generally, is whether the Department of Ecology has adopted

"rules," by making specific agreements with EPA, without

complying with the APA. "Rule" is defined to include,

... any agency order, directive, or regulation of general applicability (a) the violation of which subjects a person to a penalty

or administrative sanction; (b) which establishes, alters, or revokes any procedure,

practice, or requirement relating to agency

hearings; (c) which establishes, alters, or °revokes any qualification or requirement
relating to the enjoyment of benefits or privileges conferred by law; (d) which establishes, alters, or revokes any qualifications

or standards for the issuance, suspension, or

revocation of licenses to pursue any commercial activity, trade, or profession; or

(e) which establishes, alters, or revokes any

mandatory standards for any product or material

which must be met before distribution or sale.

The term includes the amendment or repeal of

a prior rule, but does not include (i) statements concerning only the internal management

of an agency and not affecting private rights

or procedures available to the public,

(ii) declaratory rulings issued pursuant to

RCW 34.04.080, as now or hereafter amended,

or (iii) speed restrictions for motor vehicles

established by the state transportation commission. RCW 34.04.010(2).

We have not identified any reported decision of a Washington

appellate court which disposes of this question. The specific

agreemeqtsby the Department of Ecology (copy attached at

Exhibit 6) in question appear to be interpretations of adopted

rules, i.e., WAC 173-303-141 and 173-303-620(8), and thus do

not "establish," etc. any substantive requirements outside

of ch, 173-303 WAC. We are further informed that the Department intends to adopt rules to formalize this interpretation.

\'

Pollution Control Hearings Board

EPA's concern is that the Pollution Control Hearings Board

(PCHB) could modify a TSD permit on appeal without the Department of Ecology's consent. See ch , 43. 21C RCW. The PCHB has

scheduled a permanent rule for adoption to settle this question

(a copy of the proposed rule appears at Exhibit 7).
•

We trust that the foregoing will be of assistance to you.

Sincerely,

'.

Charles B. Roe, Jr.

Senior Assistant Attorney General

Charles K. Douthwaite

Assistant Attorney General

CKD:sc

Attachments

y.
~!I Application of the Department's rules to one recycler ~s in litigation at this time. See, Washington Chemical Inc.

v. ··Department of Ecology, PCHB No. 82-181.

Y·,·
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DEAN R. FOSTER, Chi.f C"r~

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CERTIFICATION

I, D•• n R. Fo,lfr, Chi., C',,~ of Ih. Hou.. • /

R.pr...nlatiuc, 0/ Ih. SI.I• •f WGIiUnII.... d<> Mnby

Cfriify Illal 1M .Ila<h.d ...nro/lld Subllilu/t H_ BiU

No. 712 ., p....d by Ih. H.u .../

Rep'•••nt41iw. and 1M s.rvu_ Oft IIw doU. 1M,.. Nt

fanh.

N.y, .....2.0...... :-. v..........1.4......

.. jT~;~:"rdf?)g:'BC:*~;~:~~:1 ' ... '1'\11'. I.EI;/''';1.1'f1 1( . \ . ,,( II" I:

CHAPTER NO r .

CERTIFICATION OF ENROLLED ENACTMENT

SUBSTITUTE HOUSE BILL NO JU ..

4~ 01: \VASI-lI,\~"~ ..... (\~ t\. ,-".\\\. \ . ,T.\"'" , '-' 1"0 \ . '"=' ,;., \ oS\ • :,·1 .~"

. r: . ,.'

':.J. ~.~~1· . ~: .. .,1., ;:1: /~ . . ,~. .,/

'. IUll~1 .

May 24. 1983: The House

concurred in the Senate

amendments and passed the

bill as amended by the Senate.

Yeas Nays 4___

Poucd 1M Hoou ".~.t....7. 19.~J.

fr'.i#.e'RalJ",,/t ~~xJ~.P ,. , 19.~~.

V.... .....J?...... N.ya L .

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f~,.~~:··~oI.'i.C;;..wt+;:'_..:jiI'it'IiO;;:::O;O"~ ..::aJilf"-.a""'"~-.~.~.~_r..-;O;-~~:-;;~~...,---~---:-I-~-,._· ,""I.~"" ,

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./ State of Washington

SUHSTITUTE HOUSE HILL NO. 712

48th Legislature

•

1983 Regular Ses~ion

;'''"iJ.,. I: I (j

'. '

by Committee on Ways &Means (originally sponsored by Representatives- Wang. Grimm. Kaiser. Ellis. J. King. Garrett. Lux, Rust, B.

Williams. Fisher, Isaacson and Charnley)

Read first time April 13. 1983 and passed to Committee on Rules for

second reading.

AN ACT Relating to hazardous wastes; adding a new cbapter to

2 Title 70 RCW; creating a new section; prescribing penalties; making

3 appropriations;

4 emergency.

providing effective dates; and declaring an

5 BE IT ENACTED BY TIlE LEGISLATURE OF 1llE STATE OF WASHINGTON:

-,~ 20 whenever it appears they will provide more efficient or effective

21 alternative programs to achieve the policies and purposes of tbis

22 chapter.

23 (2) The purposes of this chapter are. among others: (a) To

24 supplement the powers already vested in the department of ecology

25 relating to hazardous wastes and to releases of substances which are

26 hazardous to the environment or public health. (b) to provide moneys

27. necessary for the full, sufficient, and efficient implementation of

28 the hazardous waste and substances regulation control and removal

29 program of the state, (c) to encourage reduction of hazardous wastes

6 NEW SECTION. Sec. 1. (1) It is tbe policy of the state of

7 Washington to protect the public health and welfare of all its

8 citizens against the dangers arising from the generation, transport,

9 treatment, . storage, and disposal 'of hazardous wa~tes and from

10 releases of hazardous substances. In order to reacb tbat policy

11 objective, it is not only necessary to provide state government witb

12 broad powers of regulation. control, and removal of tbese bazardous

13 wastes and substances, inclUding the power to fashion and effectuate

14 remedial directives. but it is imperative that adequate funds are

15 also provided to carry out these powers in a vigorous ..nner. In the

16 implementation of the provisions of this cbapter, tbe state sball,

17 when appropriate, cooperate witb and support federal agenci in

18 their implementation of counterpart federal bazardous waste and

k:" '!G. f'·'"

19 substances programs, while pursuing independent state actions
Sec. I P:~;I ,-.

Sec. J

•

27 company, partnership, association, state, public or private or

28 municipal corporation. commission, political subdivision of a state,

29 interstate body. the federal government inclUding any agency or

33 property, which may be divide~.by a public 'or private right of way,

34 provided that access between the properties occurs at an intersection

35 and crosses, as opposed to goes along, the right of way.

through recycling and improvement of manufacturing processes, (d) to

2 provide for the cleanup and restoration of those sites within the

3 state at which improper disposal of hazardous waste has occurred,

4 resulting in the 'potential for deleterious impacts on the health and

5 welfare of the citizens of the state, as well as on the state's

6 natural, environmental, and biological systems, (e) to provide for

7 funding to study, plan, and undertake the rehabilitation, removal,

8 and cleanup of hazardous waste deposited improperly at sites located

9 within the state, and (f) to provide funds for matching purposes for

10 participation in the federal Comprehensive Environmental Response,

11 Compensation and Liability Act of 1980.

12 NEW SECTION. Sec. 2. As used in this chapter, the following

13 terms have the meanings indicated unless the context clearly requires

14 otherwise.

15 (1) "Dangerous waste" shall have the same definition as set forth

16 in RCW 70.105.010(5) and shall specifically include those wastes

17 designated as dangerous by rules adopted pursuant to chapter 70.105

18 acw:

19 (2) "Department" means the department of ecology;

20 (3) "Extremely hazardous waste" shall have the same definition as

21 set forth in RCW 70.105.010(6) and shall specifically include those

22 wastes designated as extremely hazardous by rules adopted pursuant to

23 chapter 70.105 RCW:

heavy

t

SHB 712

or

roya 1ties,

contracting

rents,

·3·

discount,

or nonresidential

interest,

(d) Industrial

ecology for the privilege of utilizing or operating an identified

(b) Exploring for, extracting, processing, or selling coal;

(c) Producing, distributing, or selling electricity;

indebtedness,

commissions, dividends, and other emoluments however designated, all

without any deduction on account' of the cost of tangible property

(7) "Fee" means the annual hazardous waste control and

elimination assessment fee imposed under section 3 of this act and

the fee for treatment, storage, and disposal facilities imposed under

4

5

3

33 construction;

24 of

30

31

32

right of way will be considered a single identified site if the·

2 person controls the right of way and can prevent public access;

34 (e) Painting or sandblasting;

35 (f) Producing, processing, or selling rubber or plastics;

36 (g) Producing, processing. or selling glass, cement. or concrete:

25 site, other than as described in section 4(1) of this act,

26 connection with any of the following business activities within this

27 state:

28 (a) Exploring for, extracting, beneficiating, processing, or

29 selling metallic or nonmetallic minerals:

21 NEW SECTION. Sec. 3. (1) In addition to all other fees and

22 taxes, there is hereby, imposed and the department of revenue shall

23 collect an annual fee from every person identified by the department

15 sold, the cost of materials used, labor 'costs, interest, discount,

16 delivery costs, taxes, or any other expense whatsoever paid or

17 accrued and without any deduction on aecount of losses; and

18 (9) "Generate" means any act or process wbich produces hazardous

19 waste or first causes a hazardous waste to become subject to

20 regulation.

12

13

14

6 section 4 of this act;

7 (8) "Annual gross Income" of a business means the value

8 proceeding or accruing during a calendar year by reason of the

9 transaction of the business or service engaged in and includes gross

10 proceeds of sales, compensation for the rendition of services, gains

II realized from trading in stocks, bonds, or other evidences of

u

(j

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~l

tJ

a

includes all dangerous and

·2·

thereof. and any Indian tribe or authorized tribal

(5) "Person" means an individual, trust, firm, joint stock

(4) "Hazardous waste" means and

(6) "Identified site" means the same o.r., geographically contiguous

SHB 712

36 Noncontiguous properties owned by the same person but connected by

25 extremely hazardous wastes;

24

31 organization;

32

26

30 officer
~,V

Sec. 3

(h) Cutting, milling, producing. preparing, or selling lumber or

2 wood products, including wooden furniture or fixtures;

3 (i) Producing. preparing. or seiling paper or allied products;

4 (j) Printinj or publishing:

5 (k) Synthesizing. producing. processing. preparing. or seiling

6 chemicals or allied products:

7 (I) Exploring for, extracting, producing, processing,

8 distributing. or selling petroleum or gas;

9 (m) Fabricating rubber or plastic products;

10 (n) Beneficiating, processing, or selling primary or secondary

11 metals:

12 (0) Fabricating metal products. including metal furniture or

13 fixtures:

14 (p) Fabricating. constructing, preparing. Installing, or selling

15 machinery or supplies:

16 (q) Fabricating, constructing. installing, preparing. or seiling

17 electrical or electronic equipment. machinery. or supplies;

18 (r) Fabricating. producing, preparing. or selling transportation

19 equipment;

20 (s) Transporting by railroad, motor vehicle. or water vessel;

21 (t) Telephone communication:

22 (u) Drycleaning, photofinishing, or furniture refinishing;

23 (v) Transferring, treating, storing. or disposing of solid,

24 dangerous, or extremely hazardous wastes; and

25 (w) Repairing or servicing motor vehicles, railroad equipment, or

26 water vessels.

27 When determining the particular business activity at an

28 identified site. the department of ecology shall consider the major

29 purpose of the activity or activities occurring at the identified

30 site. Under this section, each identified site shall be required to

31 pay only one fee annually, but n~ fee shall be assessed on any person

32 at an identified site engaged solely in making retail sales as

33 defined in RCW 82.04.050, except for thpse identified sites which

34 generate hazardous waste.

"

35 (2) The fee imposed by this section shall be due and payable on

'36 June 30 of the year next succeeding the calendar year in which a

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S, c. :

• person has engaged at any time in the business activities listed AI

2 subsection (I) of this section. The amount of the fee for a,

3 Identified site shall be graduated by reference to the annual gros!

4 Income of the business apportioned to the si~e as provided il

5 subsection (3) of this section in accordance with tbe followlnl

6 schedule:

7 (a) For annual gross income not In excess of one million dollars

8 a fee of not more than one hundred fifty dollars;

9 (b) For annual gross income In excess of one million dollars bu'

10 not exceeding ten million dollars. a fee of not more tban sevel

II hundred fifty dollars;

12 (c) For annual gross income In excess of ten million doll

13 fee of not more than seven thousand five hundred dollars.

14 Tbe department of ecology shall further graduate the fees se

15 forth in (a), (b), and (c) of this ~ubsectlon in accord_nce wltl

16 criteria including but not limited to the quantity of hazardous wast,

17 generated and the health and environmental risks associated with th,

18 waste. The department of ecology shall pUblish by rule a schedule 0:

19 these graduated fees.

20 (3) For purposes of this section. annual gross income of th,

21 business shall mean gross proceeds of sales as defined in RCI

22 82.04.070 or gross Income of the business as defined in RCI

23 82.04.080: and shall mean gross income, as defined in RCI

24 82.16.010(13). Annual gross Income of the business of a perso

25 rendering servlce~ taxable under RCW 82.04.290 and maintaining nlace

26 of business within and without this state shall be apport, "d I

27 accordance with the provisions of RCW 82.04.460. The total annua

28 gross income of the business taxable in this state under chapter

29 82.04 and 82,16 RCW shall be apportioned equally by the department 0

30 ecology among the Identified sites utilized by such business In thi

31 state without regard to the amount or nature of the use: PROVIDED

32 That the person subject to the fee may request. and the department a

33 ecology shall grant. apportionment among Identified sites utilized

34 this state according to each site's share of annual gross income a

35 the business apportioned to this state. The person subject to th

36 fee shall bear the burden of supporting the allocation among site

SUB 712 ·4· ·5· SUB 71
Sec. 3

31 other provisions In this chapter;for the enforcement and cOllection

36 sUbject to the fee imposed under this section is finally determined

33 is authorized to apply the provisions of~hapter 82.32 RCW, provided

and elimination

NEW SECTION. Sec. 4. (I) Every person who operates a facility

In relation to these annual fees. the department is empowered to

(2) Notwithstanding the provisions of section 3 (1) tbrough (5)

(3) The department of ecology,is required to increase or decrease

dollars annually to the hazardous waste control

wastes, that is sUbject to a permit issued under authority of RCW

70.105.130 or section 6(4) of this act (including a permit issued in

satisfaction of the requirements of 42 U.S.C. section 6925 of tbe

The department shall prepare a list of all sucb hazardous waste

facilities and the fee for each such facility or type of facility and

shall provide a statement to each operator of a facility spe! ing

7

8

9

5

6 for the purpose of treating, storing, or disposing of hazardous

to be greater or less than that reported to the department of revenue

2 for the year in question. the department of revenue shal:, if

3 necessary, recompute the fee due and shall refund or assess the

4 outstanding balance, as the case may be.

S~c. 4

'!

14

10 federal Resource Conservation and Recovery Act, as amended) shall, on

11 or before September I, 1984, and on or before May 15 of each vear

12 thereafter. pay to the state a fee relating to the operation o. ~ucb

13 treatment, storage. or disposal facilities.

15 adopt rules relating to: (a) Establishment of classes of facilities

16 subject to fees, taking into account the size and type of facility

17 and the risks of detrimental impacts associated theTewitb; and (b)

18 the setting of a fee scbedule pertaining to these classes with tbose

19 classes presenting a greater risk having a higher dollar amount than

20 those classes presenting a lesser risk: PROVIDED, That tbe annual

21 fee for any class shall not be greater than seven tbousand five

22 hundred dollars.

32 account.

31

28 of this act or this section, no person who operates a combined

29 Identified site and hazardous waste treatment, storage, or disposal

30 site shall be required to pay more than seven thousand five hundred

23

24

25

27

26 the fee that is owed and the basis for the fee.

34 the fees of subsection (1) of this section and the limitation on

35 total payment of subsection (2) of this section, by five percent on

36 each occasion when the consumer price index of the United States

33

,........,

u

()

I, (1

1

C"','

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,,-.

i"

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to

not be

revenue

If the annual gross income of the business of any person

(8) For purposes of this section ·manufacturer,· ·wholesaler,·

(7) Fees shall not be required under this section for solid

(5) Notwithstanding subsection (I) or (2) of this section or

that the provisions of RCW ~2.32.050 and 82.32.090 shall

6

32 of fees due and owing under this section, the department of

34

with appropriate data as reasonably requested by the department of

2 ecology.

3 (4) If an identified site does not generate hazardous wastes

4 regulated by chapter 70.105 RCW, the person owning or controlling the

5 site is exempt ,from the fee Imposed by this section.

35 appl ted.

25 "retailer," and ·person engaging in service activities· shall have

26 the meaning attributed to such terms In chapter 82.04 RCW. ·Business

27 activities· shall mean activities of any person subject to the fees

28 imposed in subsection (I) of this section engaging in business as

29 defined in chapters 82.04 and 82.16 RCW.

30 (9) In the administration of this section and in addition

19

24

20 wastes generated primarily from the combustion of coal or other

21 fossil fuels. until at least six months after the date of submission

22 of the study required by section 8002 of the federal resource

23 conservation and recovery act.

7 section 4 of this act. no person who owns or operates a combined

8 identified site and hazardous waste treatment, storage or disposal

9 site shall be required to pay more than seven thousand five hundred

10 dollars annually to the hazardous waste control and elimination

II account.

12 (6) The fees imposed by this section and the limitation on total

13 payment of subnection (5) of this section shall be adjusted by five

14 percent wbenever the consumer price index of the United States

15 department of labor increases or decreases by a five percent

16 increment from the index figure in existence on January I, 1983, and

17 such fee and limitation adjustments shall be published in rules by

18 the department of ecology.

SHB 712 ·6· ·7· SHB712
Sec. 4

department of labor increases or decreases by a five percent

2 increment from the index figure as it existed on January I, 1983.

3 Each such fee and limitation increase or decrease shall be set forth

4 in rules adopteij' by the department of ecology.

5 NEW SECTION. Sec. 5. All fees paid to the state as provided in

6 sections 3 and 4 of this act shall be placed in a hazardous waste

7 control and elimination account of the general fund. and SUbject to

8 legislative appropriation. be expended by the department of ecology

9 solely to carry out the powers set fortb in section 6 of this act.

e

e

, ..\o~" ..

o

e

S':lc. 8

(4) The department is empowered to participate in and carry out

2 all programs of the federal Resource Conservation and Recovery Act.

3 as amended, contemplated for implementation by a state under tbat act

4 and may use funds in the hazardous waste control and elimination

5 account in the implementation thereof.

6 (5) The attorney general. at the request of tbe department, is

7 empowered to recover moneys expended by tbe department from tbe

8 hazardous waste control and elimination account under authority of

9 this section when these funds were utilized to respond to an

10 unpermitted spill or discharge or to control the release or

14 moneys may be initiated in the superior court of Thurston county or

15 any county in which the hazardous waste site or activity is- located.

16 Moneys recovered under this section shall be paid into the bazardous

17 waste control and elimination account.

32 NEW SECTION. Sec. 8. (1) The fees required by section 3(2) or

33 4(1) of this act, when due and payable, shall bear interest at the

34 rate of nine percent per annum for each month (or portion thereof)

35 that the fee is not paid.

18 NEW SECTION. Sec. 7. Any person aggrieved by a deter.iDation of

19 the department of ecology pertaining to the fee imposed under section

20 3(1) of this act or to a specific fee contained in a state8eDt issued

21 under section 4(1) of this act may obtain review thereot by tbe

22 pollution control bearings board in tbe same manner as review may be

23 obtained of permits issued by the department _ pursuant to RCW

24 90.48.160, if a petition requesting review is tiled with the board

25 within thirty days of tbe day of service of tbe determinatior. of

26 the statement of fees due. Tbere shall be no increase in an amount

27 set forth in a statement, as provided in section 8(1) ot this act.

28 during any period of time when a review proceeding is pending before

29 the board or a reViewing court. This section shall have no

30 applicability to the adoption of rules by the department pursuant to

31 section 4(1) of this act.

10 NEW SECTION. Sec. 6. (1) The department of ecology may use

11 funds in the hazardous waste control and elimination account in the

12 - implementation of the powers vested under RCW 70.105.020. 70.105.030,

13 70.105.080, 70.105.100. 70.105.120. and 70.105.130 and 70.105. (SSB

14 4245. section 2 and 3) and subsections (3) and (4) of this section as

15 well as the administrative costs relating to the implementation of

16 subsection (2) ot this section.

17 (2) The department is authorized to participate in and is

18 empowered to carry out all programs ot the federal Comprehensive

19 Environmental Response, Compensation and Liabi'lity Act of 1980

20 contemplated tor state participation or administration under that

21 act.

22 (3) In relation or addition to the powers set forth in this

23 section and any other provisions of this code, the department is

24 empowered, with regard to the regulation, control, or removal of

25 hazardous substances and wastes. as follows:

26 (a) To coordinate responses to hazardous substances accident and

27 spill incidents;

28 (b) To respond to. direct. or initiate cleanup of hazardous

29 substances, accidents and spills, and hazardous waste sites;

30 (c) To conduct or contract for professional technical data

31 gathering and analysis and damage assessment; and

32 (d) To conduct or contract for." the removal of hazardous

33 substances and wastes Where there has been or is a potential for

34 release. regardless of quantity or concentration, which could pose a

35 threat to public health or the environment.

Ii

IJ

8

w

11

12

13

threatened release of hazardous substances or

authorized by this section shall be from any

controlling the material spilled or discharged.

wastes. Recovery

person owni or

Actions to recover

SHB 712 ·8· ·9· SHB 712
Sec. l~

18 NEW SECTION. Sec. 14. Sections 1 through 9 of this act shall

19 constitute a new chapter in Title 70 RCW.

of revenue from the hazardous waste control and elimination account

2 in the general fund for the biennium ending June 30, 1985, the sum of

3 fifty·nine thousand eight hundred six dollars. 'or so much thereof as

4 may be necessary, to administer the collection of fees as provided in

5 this act.

6 NEW SECTION. Sec. 12. There is appropriated to the department

7 of ecology from the aeneral fund for the biennium endina June 30,

8 1985, the sum of four million three hundred thousand dollars, or so

9 much' thereof as may be necessary, to administer the purposes of

10 section 1(2)(d) through (f) of this act.

NEW SECTION. Sec. 15. (1) This act is necessary for the

immediate preservation of the public peace, health and safety. the

support of the state government and its existing public institutions,

and shall take effect as follows:

(a) The powers provided to the department of ecology relating to

the adoption of rules under sections 3(2) and 4(1) of this act shall

take effect Immediately; and

(b) The remainder of this act shall take effect on July I, 1983.

(2) The annual fee due and payable under section 3 of this act on

June 3D, 1984. shail. following computation of the annual gross

income of the business for the calendar year 1983, be prorated for

the period July 1, 1983, through December 31, 1983.

20

21

22

23

24

25

26

27

28

29

30

31

11 NEW SECTION. Sec. 13. The state treasurer is authorized to use

12 revenue collected pursuant to sections 1 throuab 9 of this act. to

13 the extent this revenue exceeds any le~islative appropriation of the

14 revenue to the department of ecology for purposes of section 1(2)(81

15 through (c) of this act to reimburse general fund expenditures for

16 cleanup and restoration of those sites pursuant to section 1(2)(d)

17 through (f) of this act.

w

, /

tt

WJ

e)

e

c

Sec. 8

29 NEW SECTION. Sec. 10'. There is appropriated to the department

30 of ecoloaY from the hazardous waste control and elimination account

31 in the aeneral fund for the biennium ending June 3D, 1985, the sum of

32 one million four hundred sixty-four .thousand dollars. or so much

33 thereof as may be necessary, ..to administer the purposes of section

34 1(2)(a) throuah (c) of this act.

11 NEW SECTION. Sec. 9. (1) If any provision of this chapter or a

12 portion t~ereof or its application to any person or legal entity or

13 circumstances is held invalid, the remainder of the chapter. or the

14 application of tbe provision or a portion thereof to other persons or

15 leaal entities or circumstances, shall not be affected.

16 (2) Tbis cbapter is exempted from the rule of strict

17 construction, and it shall be liberally construed to give full effect

18 to tbe objectives and purposes for which it was enacted.

19 (3) Notbina in tbis chapter relates to radioactive wastes,

20 bowever cbaracterized, and the department is precluded from usina the

21 funds of tbe bazardous waste control and elimination account for the

2~ reaulation'and control of such wastes.,

23 (4) Consistent with subsection (2) of this section and taking

24 into account the ambiguities of federal law relating to possible

25 preemption of exercise of powers provided to the department in this

26 cbapter, tbe department shall implement this chapter, to the maximum

27 extent reasonably attainable, to insure that no conflict with those

28 preemptive aspects takes place.

(2) The department of ecology may levy civil penalties in the

2 amount of up to five hundred dollars for each day fees and interest

3 due and owing under section 4 or 8(1) of this act are unpaid. The

4 procedures relat1~g to levying and collection of penalties set forth

5 in RCW 90.48.144 shall be applied' to penalties levied under this

6 section. Moneys collected under this subsection shall be placed in

7 the hazardous waste control and elimination account.'

8 (3) The attorney aeneral is authorized to initiate sucb actions

9 in the courts as are necessary and appropriate to insure compliance

10 witb tbe provisions of this chapter.

35 NEW SECTION.

SUB 712

Sec. 11. There is appropriated to the department

·10·

("un "''l
Sec ..15 <; 1"*\

\ ..

Passed ~". ,,' ,.. 1983.

2 ,~.(1k: 3

Passed the Senate May 22. 1983.

4

jIwv(l~~

'" ~~··;n

'':'..

President of the Senate.

... ! '!

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I .

.. \r'va -, :.:;1

,.
CIlItTIflCATION 0' BN&OLLID INACTMINT

CHAPTER. NO...._,. .

SUBSTITUTE HOUSE BILL NO, __..u.....__

I, D.... B. yo.II', CIoi.f Cl"", of '10. 80N. of

Bop _ 'tA_ III ,.. sr.u III ........... "".."

-eiI1 u.. ,....,.....10-"".iIl6IIirWeII-. aill

No. 64 .. "....4 ., '10. 8_ of

~fi"~~~.

CERTIFICATION

" 1\"\E LEG. SL-tTell !II;' \. of lb. £

o F"~~~~1-l1"C1'Q\. ,,~,'. . \ '\:'. '". . "'7,

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Pruae4 11M s-.u.._.~dl...ll£-_---l•.IL1 •• amended

y- ,_.!~._._ NolJa_!L-

,.. 8_ la,brU&Ql B. '.83

V__!!- /NcII_O_

Ap~il 19, 19831

The Roue. conour~.d in

the Sen.te amendment.

and p••••d the bill •• amended by the Sen.te.

Ye.. 91 N.y. __2_

::h~~'&?~?::i;.,~;;r~¥ABC~ ..
SUBSTITUTE HOUSE BILL ~. 64 "" 48tb Lealslature 1983 Reaular Se~.~on

by COGDlttee on Environmental Affairs (originally sponsored by "J:

Representatives Rust, 'Allen, Brougb, Miller, Appelwick, Ho11a~,

Burns, Broback, Lux, Silver, Niemi, Cbarnley, R. Kina, Lona,

Brekke and Todd)

State of Washlnaton

Read first time Pebruary 4, 1983 and palled to eo..lttee on aule. tor

second readlna.

·\

AN ACT Relatina to bazardous waste disposal; .-endlna lectlon 8,

2 cbapter 101, Laws of 1975·'76 2nd ex. leis. and aow 70.105.080; 3 amendlna lectlon 9, chapter 101, Laws of 1975·'76 2nd ea. lell. aIK 4 ROW 70.105.090: and addlna new lectlonl to chapter 70.105 aow. 5 BE IT ENACTED BY 11IE LEGISLAnJRE OF 11IE STATE OF WASHINGTON:

,"

6 NEW SECTION. Sec. 1. There 18 added to cbapter 70.105 ROWa n~

7 section to read al tollows: 8 A person Injured as a relult of

a 'violation of thl. chapter0

9 tbe rulel adopted tbereunder ..y b~lna an action In .uperlor cour

10 for tbe recovery of tbe da.-ael.A ~onvlctlon or 1~.ltlon of

11 penalty under this cbapter I. not a prerequisite to an action UDde

12 this section.

IfI

13 The court may award realonable attorneYl' teel toa prevailim

I,.

14 Injured party In an action under thll section.

Every perlon wb

Section 8, chapter 101, Laws ot 1975·'76 2nd ea. aea.

In case ot contlnulna Violation, every daY'1 contlnuen

Sec. 2.

sball bea separate and distinct violation.

offense.

and aow 70.105.080 are each amended to read al tollowl:

(1) Every pers~n wbo talll to c~ly With any provilion ot «al

79,191,919··t~r.~~·79,191,99Q» tbls cbapter or ot the rulea, tl

tbereunder shall be IUbjected toa penalty In an a80UDt ot not ~l

tban «eae» !!! tbousand dollars per day tor every sucb vlolatlo,

Eacb and every sucb violation sball bea separate and dlltln,

tbrouab an act of commlilion or omission, procures, aids, or abetl

tbe violation ahall be conlldered to bave violated ibe provilloni

tbls aectlon and shall be subject to tbe penalty.berelD prOVided.

(2) The penalty provided for In tbll section aball be lapGled

28 a notice In wrltlna, eltber by certified mall wltb return,recel

'; .J 15

16

17

18

19

20

21

-j 22

23

24

25

26

27

·1· SBB
Sec. 2

34 civil action ezcept as otberwise in tbl, chapter provided.

SBB 84

The request sball be delivered

·3·

The order sball be, delivered by reaiatered ..il or

eitber by registered mail or personally to tbe department. Upon

receivina a request for a bearing, tbe department sball promptly

31

32

30 order request a public bearing.

20 of ti-e.

21 peraonally to tbe peraon asainst wbo.' tbe order is directed.

22 (2) Any person wbo fails to take corrective action as apecified

23 in a compliance order shall be liable for a civil penalty of not .are

24 tban ten thousand dollars for each day of continued noncompliance.

25 In addition, tbe d~artment may suspend or revoke any peraita '-'Ior

26 certificates issued under tbe provisions of tbis cbapter to a .•on

27 wbo fails to comply witb an order directed against him.

28 (3) Any order sball become final unless, no later than thirty

29 days after tbe order is served, tbe person or persons named in tbe

33 conduct a public bearing to consider testimony and new informatioD

34 regardina tbe order. Tbe depart-ent may, at its discretion, either

35 -edify tbe order or maintain it uncbanged. The order sball become

36 effective immediately after the department reaches a final deciaion,

Sec, 4 !'-

14 NEW SECTION. Sec. 4. There is added to chapter 70.105 RCW a new

15 aection to read as follows which shall'be codified as ICW'70.105.095:

16 (1) Whenever on tbe basis on any infor.-tion tbe depart-ent

17 determines tbat a person bas violated or Is about to violate any

18 provision of tbis cbapter, tbe department ..y iisue an order

19 requlrina compliance eltber i.-ediately or witbin a apecified period

In addition to tbe penalties imposed pursuant to ICW 70.105.080,·i

2 any person who violates any provialons of «R£W·7Q.195.QI9·,a••~.a , . 3 79.195.999» tbis chapter, or of tbe rules implementing «I"

4 79.195.919•• 'h,e~.a··79.191.999» tbls cbapter, and any person wbo

5 knowingly aids or abets anotber in conducting any violation of any

6 provisions of «I£W.'9.191.91Q.'k,e~aa.'9.191.Q99» tbis cbapter. or

7 of tbe rules implementing «I£W.'9.195.919.th,e~aa.'9.191.999» !!!!

8 cbapter, sball be guilty of a gross misdemeanor and upon conviction

9 tnereof aball be punisbed by a fine of not less tban one hundred

10 dollars nor more tban «eRe» thousand dollars, and/or by

11 imprisonment in tbe county jail for not more than one year, for each

12 separate violation. Each and every sucb violation shall be a sepa r _!!

13 and distinct offense.

"

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e,

'v • ..

.... ' 'lJ./

may do

an ordinary

actions, tbe

violator

tbe same as

In all sucb

is not paid to the department of

it becomes due and payable, the

the director, sball brina an

Wasbinaton in the superior court

·2·

may deem proper. Any penalty imposed by the

section ahall be aUbject to review by the

hearinas board in accordance with chapter 43.218

tbis

of Thuraton county, or of any county In whicb sucb

2

31

14 proviaiona of

15 pollution control

18 llCW.

17 (3) Any penalty imposed by tbis section shall become due and

18' payable thirty days after receipt of a notice imposing tbe same

19 unlesa application for re-ission or mitigation is ..de or petition

20 for review by tbe hearinls board is filed. When such an application

21 for reaiaaion or .itigation is aide, any penalty incurred purauant to

22 thia aection shall become due and payable thirty days after receipt

23 or DOtice settiqa forth the diiposition of such application. Any

24 penalty reaultiqa frc. a decision of the hearings board shall become

2G ' due .nd payable thirty days after receipt of the notice setting forth

26 the decision.

requested or by personal service, to tbe person incurring tbe same

fro. the depart-ent, describina tbe violation witb reasonable

3 particularity. Within fifteen daya after the notice is received, tbe

4 person incurriaa the penalty may apply in writing to the department

5 for the,reaissioD or .itigation of such penalty. Upon receipt of tbe

8 application. tbe depart-ent 'may remit or mitigate the penalty upon

7 whatever te~ the depart-ent in its discretion deems proper,

8 consideration to the dearee of hazard associated witb tbe viOlation,

9 provided tbe departlent deems sucb remission or mitigation to be in

10 tbe best interesta of carryina out the purposes of this chapter. The

11 depar~nt of ecology ahall have authority to ascertain the facts'

12 relardina all auch applications in such reasonable ..nner and under

13 auch rulea .a it

27 (4) If the .-aunt of any penalty

26 ecolOlY within thirty days after

29 attorney general, upon the request of

30 action in the aa.e of the state of

32 buaineas, to recover such penalty.

33 procedure and rules of evidence shall be

Sec. 3. Section 9, chapter 101, Laws of 1975·'76 2nd ez. ses~.

36 and ICW 70.105.090 are each .-ended to read as follows:

SBB 64

35
2 co-pUance date.

Sec. 4

unless tbe depart_nt lIIOdif t es tbe order to specify anotber f',

'-1,.•,

iL';~""

I'

<\ •

.'

..

3 (4) ADy person directly allected by a cc.pliance order or by any

4 decisioD 01 tbe depart_nt rea.rdina a co-pli.nce order ..y appeal

5 tbe order or decision to tbe pollution control be.rings board in

6 accordance witb cbapter 43.218 leN.

7 NEW SECTION. Sec. 5. II any provision 01 this sct or its

8 .ppllc.tloD to .ny person or circ~t.nce is held inv.lid. the ·e pj..~.x,

9 r..lnder or the .ct or the .pplication or the provision to other

10 persons or clrc~t.nces is not .rrected.

•

Pll••ed th D;;/11ln"'"..

SHB 64

Pa,slId thO! SlInate April 14, 1983.

~~:f~~

·4·

.t. '€~

A,•. 'I iWW/i

,.
•

WSR 83-01-127

r,

Washington State Register, Issue 8)-·~~'

WSR 83-01-127

ADOPTED RULES

ENERGY FACILITY SITE

EVALUATION COUNCIL

[Order 82-S-filed December 22, 1982)

Be it resolved by the Energy Facility Site Evaluation

Council, acting at Olympia. Washington. that it does

adopt the annexed rules relating to:

New WAC 463-40-010 Purpose.

New WAC 463-40-020 Coverage.

New WAC 463-40-030 Regulations.

New WAC 463-40-040 Monitoring and enforcement.

This action is taken pursuant to Notice No. WSR 82-

22-040 filed with the code reviser on October 29, 1982.

These rules shall take effect thirty days after they are

filed with the code reviser pursuant to RCW

34.04.040(2).

This rule is promulgated pursuant to RCW

80.50.040(1) which directs that the Energy Facility. Site

Evaluation Council has authority to implement the provisions of chapter 80.50 RCW.

The undersigned hereby declares that the agency has

complied with the provisions of the Open Public Meetings Act (chapter 42.30 RCW). the Administrative Procedure Act (chapter 34.04 RCW). and the State

Register Act (chapter 34.08 RCW) in the adoption of

these rules.

APPROVED AND ADOPTED December 13. 1982.

By William L. Fitch

Executive Secretary

NEW SECTION

WAC 463-40-010 PURPOSE. The Energy Facility

Site Evaluation Council. under authority invested in it

by chapter 80.50 RCW is charged with the responsibility

of adopting rules sufficient to the protection of the public

and the environment from the effects of dangerous

wastes generated at energy facilities subject to chapter

80.50 RCW.

NEW SECTION

WAC 463-40-020 COVERAGE. The provisions of

this chapter shall apply state-wide for those generators

of dangerous wastes under the jurisdiction of the Energy

Facility Site Evaluation Council.

NEW SECTION

WAC 463-40-030 REGULATIONS. Notwithstanding the provisions of WAC 173-303-80 J, to the

extent of their applicability and appropriateness, the

provisions of WAC 173-303 shall apply to the on-site

activities. at energy facilities subject to this chapter.

which involve the generation. storage, transportation.

treatment or disposal of dangerous wastes.

.NEW SECTION

WAC 463-40-040 MONITORING AND ENFORCEMENT. The council will contract with the Department of Ecology (DOE) for the monitoring activities

for dangerous wastes regulated by this chapter under a

Certification Agreement. As a result of said monitoring

activities, DOE shall report to the council any activity

by a permittee which in its judgment requires the initiation of appropriate enforcement activities by the council.

The council shall then take or initiate action to enforce

the terms of any Certification Agreement. This in no

way shall restrict any enforcement by other public agencies and officials under existing law. If DOE determines

that immediate action is needed to enforce the Act or

any statute or regulation derived therefrom. it shall report immediately to the Chairman who shall initiate

such immediate enforcement action as may be necessary.

Such action shall remain in effect until confirmed or

modified by the council.

WSR 83-01-128

ADOPTED RULES

ENERGY FACILITY SITE

EVALUATION COUNCIL

[Order 82~Filed December 22, 1982)

Be it resolved by the Energy Facility Site Evaluation

Council, acting at Olympia, Washington. that it does

adopt the annexed rules relating to:

Amd WAC 463-42-135 Proposal-Legal descriptions and ownership interest.

Amd WAC 463-42-155 Proposal-Energy transmission systems

This action is taken pursuant to Notice No. WSR 82~

22-041 filed with the code reviser on October 29. 1982.

These rules shall take effect thirty days after they are

filed with the code reviser pursuant to RCW

34.04.040(2).

This rule is promulgated pursuant to RC\\'

80.50.040( I) which directs that the Energy Facility Site

Evaluation Council has authority to implement the provisions of chapter 80.50 RCW.

The undersigned hereby declares that the agency has

complied with the provisions of the Open Public Meetings Act (chapter 42.30 RCW), the Administrative Procedure Act (chapter 34.04 RCW). and the State

Register Act (chapter 34.08 RCW) in the adoption of

these rules.

APPROVED AND ADOPTED December 13, 1982.

By William L. Fitch

Executive Secretary

AMENDATORY SECTION (Amending Order 81-5,

filed 10/8/82)

WAC 463-42-135 PROPOSAL-LEGAL DESCRIPTIONS AND OWNERSHIP INTERESTS. ill

Principal facilit\': The application shall contain a legal

description of the site to be certified and shall identify

the applicants and all nonprivate ownership interests in

such land.

(2) Ancillary facilities: For those facilities described

in RCW 80.50.020 (6) and (7) the application shall

contain the legal metes and bounds description of the

preferred centerline of the corridor necessary to construct and operate the facility contained therein; the

width of the corridor, or variations in width between

1200 I
J ,_,

. .

•

•

-

e

..

MEMORANDUM OF AGREEMENT

The Energy Facility Site Evaluation Council (EFSEC) and the

Washington State Department of Ecology (WDOE) agree as follows:

1. Purpose. There is a need to set forth the division of

respon~ibilities of the parties for the purpose of assuring compliance

by energy facilities, as defined in Chapter 80.50 RCW, with the

fed~rally approved dangerous waste management program of the State

of Washington. This agreement sets forth the understanding of the

parties as to their respective responsibilities and provides a basis

for consistent and coordinated management and control of dangerous

wastes.

2. On-site Regulation. This agreement pertains to on-site

dangerous waste generation, transportation, treatment, storage, and

disposal. For the purpose of this agreement, "on-site" means the

project area described in the Certification Agreement as the project

legal description.

3. EFSEC Rules Adoption. In order to·provide procedural

continuity and state implementation, EFSEC has adopted an emergency

regulation (see, RC\'l 3.4.04.030) which adopts by reference, as an

EFSEC regulation, the Department of Ecology Dangerous Waste Regulations, ch. 173-303 wAc. EFSEC and WDOE will cooperate in implementation of ch. 173-303 WAC as adopted by EFSEC under the ·terms of

this agreement.

4. Site Certifications. All certifications (defined at

RCW 80.50.020(5» issued by EFSEC under ch. 80.50 RCW to energy
,.,..., Or

. . .

shall require compliance with all substantive

provisions of ch. 173-303 t'lAC which are identified in testimony,

presented during contested case hearings before EFSEC, by WDOE

witnesses as being applicable to the project.

5. Monitoring and Inspection. All construction and operationai monitoring, and inspection of an energy facility for

compliance with ch. 173-303 WAC shall be by contractual agreement

between WDOE and EFSEC.

6. Enforcement. Violations of permit requirements applicable to energy facilities detected by WDOE shall be reported to

EFSEC, together with recommendations for enforcement action.

EFSEC shall initiate action to secure compliance, including, but

not limited to, the assessment of penalties. Any notification

oj pertaining to a violation, sudden or nonsudden accident, breakdown, or related matter shall be reported directly to EFSEC.

Immediate enforcement action may be initiated by the ·Chairman, in

emergency situations, subject to subsequent confirmation or

modification by full Council.

7. Effective Date and Term of Agreement. This Memorandum

of Agreement shall be effective upon approval of Interim

Authorization for the State of Washington by the Administrator O{

of the U.S. Environmental Protection Agency, or her delegate,

pursuant to section 3006 of the Resource Conservation and

Recovery Act of 1976. This Agreement shall remain in effect

for the duration of such authorization or until rescinded by

-2-
the procedures and refine the methods as contained herein.

the parties. This Agreement may be modified from time to

time as the parties may mutually decide in order to simplify

Date /I /2- / B'LI I

ENERGY FACILITY SITE

EVALUATION COUNCIL (

:". I " I ;

'\ 1~(~1~~-

Nicholas D. Lewis "\:

Chairman

1

.••fUtA{~'

DEPARTI NT OF ECOLOGY

nald

::::C;t;}2_

APPROVED AS TO FORM:

• Kevin Ryan( /

Assistant ~ttorney General for

Energy Facility Site

Evaluation Council

"(

-3-
I ,'l "..-.'

other applicable statute. The state will be kept fully informed of

all further actions to be taken. Before initiating enforcement action

EPA will provide notice required by section 3008 (a)(2) and in

addition will confer or meet with the state to discuss the situation

before initiating the action, except in instances representing

inuninent hazard.

The state agrees to take the enforcement lead with appropriate enforcement action against persons in violation of any state dangerous waste

regulations, including but not limited to violations detected by

.state or Federal inspections. The state will maintain procedures for

receiving and ensuring proper consideration of information about

violations submitted by the public.

Appropriate state enforcement response may include, but is not limited

to, warning letters for any violation followed by timely initiation

and prosecution of enforcement proceedings which may be, as determined

on a case-by-case basis, . administrative or judicial in nature, or

other administrative remedies as prescribed by state laws.

F. Specific State Program Implementation Agreements

1. Interstate Shipments

Under provisions of "'AC 173-303-141, the State agrees to require

generators located in Washington shipping dangerous waste to another

state to designate as receiving facilities only those facilities which

are ap prov ed in that state under an authorized state program or by

EPA '(in unauthorized states). The State al so agrees that upon receipt

of a manifest exception report from a generator located in Washington,

the State will inform EPA or the appropriate state agency (in authorized states) where the designated facility is located.

2. Liability Insurance Requirements for Permitted facilities

In applying the provisions of h1AC 173-303-620(8), the State will

require sudden and non-sudden insurance co~erage identical to the

requir~~ents promulgated by EPA at 40 CFR 264.147 issued on April 16,

1982.

3. Public Notice ~rocedures - Permitting

For major and non-major RCP~ permitting under the authorized pro~ram,

the state agrees to provide both newspaper and radio broadcast notices

to the public as specified in ~AC l73-303-840(3)(d)(ii) and (iii).

4. Public Participation In The Enforcement Process

The department will not oppose intervention in civil enforcement

Proceedings when intervention is requested under civil rule 24

for Superior Court.

-R-