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

o Printed on Recycled Paper
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WASHINGTON STATE

DEPARTMENT OF

ECOL 0 GY

Amended December 1993

Publication No. 94-06,.

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Tones Cleanup Program

The Model Toxics Control Act

Cleanup Regulation

Chapter 173-340 WAC

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The cleanup of hazardous waste sites is complex and expensive. In an effort to avoid the

confusion and delays associated with the federal Superfund program, the ModelToxics

Control'Act is designed to be as straightforward as possible. It sets strict cleanup

standards to ensure that the quality of cleanup and protection of human health and the

environment are 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 imposed on the wholesale value offirst in-state

possession ofhazardous substances at the rate of 0.7 percent, or $7 per $1,000. Over the

next several decades, the AC,t will guide cleanup of hundreds of hazardous waste sites

that dot the Washington landscape. The Washington State Department ofEcology's

Toxics Cleanup Program ensures that these sites are investigated and cleaned up.

What Constitutes a Hazardous Waste Site?

Any report of a release or suspected presence ofhazardous substances that may threaten

human health or the environment requires Ecology to investigate a piece of property. H

an initial investigation confirms contamination is present and cleanup may be necessary.

the property is entered on Ecology's Site Management Information System. This is a

database used to track progress on all confirmed or suspected hazardous waste sites. All

confirmed sites must also be ranked and placed on the State Hazardous Sites List

Owners, operators and other known potentially liable persons will receive an "Early

Notice Letter" from Ecology which notifies'them that their site is in Ecology's database,

and encourages them to review information about the site and work cooperatively with

the department iffurther action is needed.

Who is Responsible For Cleanup?

Any past or present relationship with a contaminated site may result in liability.

Ecology must notify anyone it knowsmay be a "potentially liable person" and allow an

opportunity for comment before making any further determination on that person's

liability. The comment period may be waived ifEcology has to conduct emergency

cleanup at the site. Under the Model Toxics Control Act, Section 4, a potentially liable

person'can be: .' .

• A current or past facility owner or operator. . -

• Anyone who arranged for disposal or treatment of hazardous substances at the site.

• Anyone.who transported hazardous substances for disposal or treatment at a

contaminated site, unless the facility could legally receive the hazardous materials at

the time of transport.

• Anyone who sells a hazardous substance with written instructions for its use. in cases

where use according to the instructions resultsin contamination.

January 1991 -.._~.....:.-..--.; .. ---.--.... -~_ .. -..._... -~._- ... ---.. ._- -_..... . ". F-TC-91-104 Printed on Recycled. Paper
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.... ~. ,,~»:::;;~c:·,:~1:.\··.;,i·?~~;~'::~; and severally liable for cleanup at the site. That meanseach person can be held equally~./:!i:';'::. 1

./i-:::2;;:·J.;;':i:{;it~$~~~~~\1t,;f,,-~al?1~ fo/~e'costCJ,f ~~e~up~·~b,t,,~!iS~.~'~~~'·'n~t:!l1 parties con~buted:equally to,t!te.:j ;. ,'C" ].

>i" ..:'~';>':<:"~\·:·: ·:·:i:>;l~.;,COntaIIllnat1on. Ecology encourages potennillly.liable·persons tonegottate appropnate :' , J t

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.. ',::: ·:·~l~fi~~:j:~,AchieVing.Cleanups ThroughCooperatJon··, "!'~'·:·.;;f: T·.. ··,.,::·;" " """" ,_'-,·i···..:,.~:· .•.~~-;;:~-.f·:' ,,:.:,.'1 .~~"'.. ':.r,,"'•.:;:.~ ",~_ .. '" ':t.. · ", ~".¥" ....: ... .;., o.. "."".' " .

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

,;!'.,..':';; :., department prefers to achieVe cleanups through cooperation.. Ecology believes that a

..' non-adversarial releationship with potentially liable persons improves the prospect for

prompt and efficient cleanup solutions. The Model Toxics Control Act rules, which were

>."~~ •.;.,~.- ~."':" developed by representatives from citizen; environmental and industry groups, are

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:.·.:C/i',:r:!.-f .~.En:courage cleanups initiated by potentially-liable persons. thus providing for quicker qi.tu.':;t~·;;<?leanups with less litigation... :: . '.': ~h ;'. ~: " '. . .

.t~-V.; .:.'::-t'r;~~'~},~"". l:;''\t'''<i"Xr~} "": -':~ "-:"':.'-;' . ;.<~ .:. :~.:. ,.;:. : .: -". ': ,; : ... .~ ..

''''1ft • "Encourage an open process for the public. local government and responsible parties .. ", to discuss cleanup options and tradeoffs.

• . Facilitate cooperative cleanup agreements rather than Ecology-initiated enforcement

orders ..

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

The Model Toxics Control Act requires that potentially liable persons assume full

responsibility for cleaning up the contaminated site. For this reason, Ecology does not

usually handle the actual cleanup of hazardous waste sites when a potentially liable

person can be identified. Rather. the Toxics Cleanup Program oversees cleanup ofsites to C

ensure that investigations, public involvement and actual cleanup and monitoring are

done appropriately. Ecology works closely with responsible parties to identify the extent

of contamination at a site and to determine cleanup solutions. Ecology's oversight costs

are paid by the liable person(s)..

If contamination is confirmed, the responsible party 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 "independent cleanups" must be reported to the

department, are subject to review and are done at the potentially liable person's own risk.

The department may require 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 and financial assistance from Ecology. Informal advice provided by Ecology is

not considered approval of cleanup actions. Ifthe responsible party wants binding

commitments, an order or consent decree is necessary.

Working With Ecologr to Achieve Cleanup

Negotiated agreements are one way in which Ecology and potentially liable persons 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 the job is done right the first time. Working with

r Ecology also makes it less likely that additional cleanup activities will be required in the

future for the specific phase of work covered by the agreement

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";.~'"~"" -. ~~~'Y~:~'f"'~~.~'~~?C~" j\:,~;.~~~~~,_,.~•....si.l~.~~.~;;~,::;:~:;:~~\.L:~~~il~:(~~· , "There' are two ~s offormal cooperative agreements usedby Ecology:,. ,.,' "._,-"". "c :", ", '

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, .' .,:Consent Decrees:'1These-legal,negotiated,settlements are used primarily for cleanup;' -':' a.':'. ." The:A~ey~qener~l~s:Of~cemustcon~.W:ith and sign a.proposed settlemen.C~r::'-·'~>,:'

"':. '.,following public notice; review and a hearing. Consent decrees must be filed WIth the' '

" " court and there must be evidence that the settlement will be expeditious and

'" consistent with cleanup standards and any other previous orders. Potentially liable

,"persons signing,a consent decreewith Ecology may be eligiblefor financial '., "

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• ' Agreed Orders: Unlike'the consent decree(an agreed order is not filed in court and ,

it is not a settlement. Rather, it is a legally binding; formal administrative order issued

by Ecology and agreed to by' the potentially liable person. Agreed orders are available

,only for remedial investigations, feasibility studies and certain types ofroutine

cleanups. Cleanups are considered routine when the selected cleanup action is simple,

. straightforward and undisputed. Under an agreed order, the potentially liable person

agrees to conduct certain activities in accordance with the provisions ofthe order and

Ecology agrees nottake enforcement action for that phase of work. Since an agreed

order is not asettlement, it does not provide for financial assistance. As with consent

decrees, agreed orders are subject to public review.

Ecology-Initiated Cleanup Orders

Administrative orders requiring cleanup activities without an agreement with a .

potentially liable person are known as enforcement orders. These orders are usually

issued to a potentially liable person when Ecology believes a cleanup solution cannot be

achieved expeditiously through negotiation. If the responsible 'party fails to comply with

an enforcement order, Ecology can clean up the site and later recover costs from the

responsible person(s) at up to three times the amount spent. The state Attorney General's

A Office may also issue a fine of up to $25,000 a day. Enforcement orders are subject to .. public notification under Washington's cleanup law.

Financial Assistance

In some cases, financial assistance may be available to help pay for cleanup costs. Grants

are available to local governments. Financial assistance may be available to private

companies or persons experiencing financial hardship. The Model Toxics 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 are required on all formal cleanup agreements between the state and the

potentially liable persons and on any enforcement actions Ecology takes to initiate

cleanup. Public notification is also required for all Ecology-conducted actions.

Ecology's Site Register is a widely used means of providing information' about cleanup

efforts to the public and for increasing community involvement. The Register is

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

discussions or negotiations of legal agreements, and other cleanup activities.

For more information regarding public participation or to receive regular updates about _ Ecology's cleanup efforts, call 1-800-458-0920. .

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'~IJjff'!l{~~'~~jtes ~fi~,;~1.~~~j~Y' .... ·~~~~~~~1~·Theiules whichAr~guide:tbe''C1~iiup«process·ai·a:·l1azaTd6us CI~~~'~~~:":::!C'"S~""':'d_',,<

waste"site

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'were~adopted ~, '~.'.....iIi'.'May·· .,~\;.. '·

:~~i~'~Wi~;', '"',, :12c,~~b:*~{199Qf.U'f.h.~ rules lay.out.in some·,detaiteachtsteP:,in,tb~.processto ens~ tb~t cleanups n~ ., '~;~~:W;~~;~:~;1~\1~t~~f~,;~;:~~~·.~oroughJaml proteet,J.y~.()fhpma!!Jleal~,:and the.environment; Follo~.g,lS a:d~~n;o~ .... C j; <'J;:,':.f;.;r:';:,;c';l;:;;~'- HJ';",~c"".~~··5)~· ~~~~!eps, take~ during tb~_cl~up..o(,~ay.~ge,hazardous waste.S1te.~;! ' '. ",' "''''~ .0.."

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1. Site Discovery:"'Sites where"''':' "c':··,- " '~.-:s:... 2~ InitiolInvestigation: Ecologyis ::~ ..':

contamination is found must be reponed to required to conduct an initial investigation of"

Ecology's Toxics CleanupProp within . .thesite within 90 days of receivinga site .i

days·.ot; diScovery, unlessit invol~es are·,discovery report.: Based on information· ~.:, ,. .:

of ~'mateiialS rrom an midergrOwid '~bulined about the site, a decisionmust be made

stonlge'tanic"sys'iem; In that case die site.,,·... ..,. .within 30 days to-determine ifthe site requires

discovery must be reponed to J?cology wi .' .~.}>..."; .. 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 notice lettersto owners,operators

department, but cleanup results must be and other potentiallyliable persons inviting.

reported to Ecology. (See Page 2) them-to work cooperativelywith the deparunent

4. Hazard Ranking: The Model Toxies Control Act

requires that sites be ranked according to the relative

health and environmentalrisk each site poses. Working

with the Science AdvisoryBoard. Ecology created the

Washington Ranking Method to categorize sites using

data from site hazard assessments. Sites are ranked on a

scale of 1 to 5. A score of 1 represents the highest level

of risk and 5 the lowest Ranked sites are placed on the

state Hazardous Sites List

3. Site Hazard Assessment:

Ecology conductsa site hazard

assessmentto confinn the

presence of hazardous substances

and to determinethe relativerisk

the site poses to human health

and the environment Ecology

.will work closely with liable

persons to identifyhazardous

substancesand characterize the

5. Remedial InvestigationlFeasibility Study: A state remedial investigation and feasibility

study is necessary to define the extent and magnitude of contamination at a site. All potential impacts on

the environment and alternative cleanup-technologies are evaluated in this study, A 30-daypublic

review period is provided for the reports completed in this phase•

6.

•

Selection ofClean up Action: Using

information gathered during the study, a cleanup

action plan is developed. The plan identifies preferred cleanup methods and specifies cleanup

standards and other requirementsat the site.

For More Information

7. Site Cleanup: Actual cleanup begins

when the cleanup action plan is implemented. This includesdesign,construction,

operation and monitoring of cleanup

actions. A site may be taken off the

Hazardous Sites List after cleanup is

completed and Ecology determines

cleanup standards have been met.

Contact your 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): C\

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, the Model Toxies Control Act, mandates

thatsite cleanups protect the state's citizens and environment. Indeveloping the Act's

cleanup regulation, Ecology established cleanup standards and requirements for cleanup

actions that fulfill this mandate. A major portion of this effort was completed in February,

1991. -r:~",~t ~.y ;('::~:~"'; "~~:' . '. . .'..,,'. : .

The Department of Ecology has worked with the state Science Advisory Board and

representativesfrom business, local government and environmental groups to define site

cleanup levels. '. .' .

Determining Cleanup Requirements

The Model Toxies Control Act cleanup regulation defines a two-step approach for

establishing cleanup requirements for individual sites:

• Establishing Oeanup Standards: The standards provide a uniform,statewide

approach to cleanup that can be applied on a site-by-site basis. The two primary

components of the standards, cleanup levels and points of compliance, must be

established for each site. Cleanup levels determine at what level a particular

hazardous substance does notthreaten human health or the environment. Points of

compliance designate the location on the site where the cleanup levels must be met...

• Selecting Oeanup Actions: This step involves evaluating methods that could be

used to clean a site and then deciding which of those methods would best achieve

cleanup standards. Aside from meeting the standards, the cleanup actions must also

provide permanent cleanup solutions, a reasonable time frame for cleanup and

include monitoring to ensure effectiveness.

STEP 1- How Cleanup Levels Are Set

Eliminating all risks at a contaminated site often is not possible, even after cleanup. And

since any level of exposure to a hazardoussubstance is assumed to result in some risk,

"clean" generally means that a site is cleaned up to the point that contamination no

longer poses an unacceptable threat to human health and the environment.

• For cancer-causing substances, the acceptable risk level is defined as a conservative

estimate of a person's chances of developing cancer during a lifetime of consistent

.. exposure toa hazardoussubstance.Ifmore than one contaminant is present on a

site, the total health risk for all cancer-causing substances must be considered when

setting cleanup levels.

• For non-carcinogenic substances, the cleanup level for each substance at a site must be

F below that which could cause illness in humans. Ifmore than one substance at a site

affects the body in the same way, the effect of all of those substances combined must

be considered when setting cleanup levels.

.April 1991

Padlliartum Number 91·5
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.:.~:';;, :.~. The-'regillationprwides thfee~sfr».: e$~blisli.ing site~cifiC..cle~l1iup lev~lS -,,Eachofthe, .. :~ 1~~ . ~,;f~ ;f!~,,:':·:;'.:~~·J'~~:.~":~':,~ .

!~~:~ir!~~~~~~rtl~!~g:;~;~;~~::;0:~:;'::~'~~1;{~~C~~· ·A'f~(.~t!f.'t'i:;HO'WMethOd.~A works: MethOd:A'~~es cleanup levels for25 of the ~ost common. ::;'::i T:;;, L: ': .~':

'l~t:::~:{<,:~"~~:hazardous substancesfoundatsites.These'levels were developed usmg acceptable' " ' .. / ~·.~.<~·:;J:trisk levels outlinedin the standards and health-based concentrationsincluded in

'~:'>f<:oth~r applicable state and federal laws. .. ,.' .

~': ., When isitused?: This method is designed for cleanups that are relatively: .- .-' .: <:.;

~,.;,.straightforward·orinvolveonly a few hazardous substances, all of which must be

.,listedintheMethod A.tables.ThiS approach Willbe used mainly by smallsites that' , do not warrant the costs of conducting risk assessments and site studies. '. .. ' >·.,';:':.·.'-~.i·~ .•..'"':_~ .' ." r • ,.~.: ..... ,...: ~.:".~'~r:'~:. ~'- r ,-: .::! ;;.

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

'How MethodBuorks:Method B levels are set using a site risk assessment, which

focuses on site characteristics: 1) How hazardoussubstancesinteract with each

_.other, 2) What thecombined healtheffects may be; 3) How their movement on- and

.: off-site could threaten human health and the environment. Applicable state and

federal laws must also be followed.

The risk level for individual carcinogens cannot exceed one-in-a-million. Hmore

than one type of hazardoussubstance is present, the total risk level at the site may

not exceed 1 in 100,000. Levels for non-carcinogens cannot exceed the point at which

a substance may cause illnessin humans.

Natural background concentrations of a substance can be considered when setting

cleanup levels. ,

When isit used?: This is the most common method for setting cleanup levels when

sites are contaminated with substances not listed under Method A and

environmental factors make cleanup difficult.

Methode

How MethodC toorks: This method is similar to Method B.The main difference is that

the lifetime cancer risk is set at 1 in 100,000for both individual substances and for

the total risk caused by all substances on a site.

When isit used?: When cleanup levels under Method A or Bare-technically

impossible to achieve, lower than background concentrations, or may cause more

environmental harm than good, cleanup levels may be set using Method C.This

method may also be applied to certain industrialsites.

Persons who use this method must provide proof that the cleanup levels will protect

human health and the environment.

How Points of Compliance Are Determined

Points of compliance define whereon a sitecleanup levels-must be met. Generally, the

point of compliance is the entire site, but technological limitations, environmental

conditions and other factors can make it impossible to meet levels throughout a site.

Attaining levels at a landfill, for example, would require the excavation of tons of

garbage, possibly causing more harm than good. '

In such cases, Ecology can establish conditional points of compliance. This requires

cleanup levels to be met in specified areas of the site, usually as close to the area of

contamination as possible. Any hazardoussubstances left on the site must be contained

within a specified area that protects humans from exposure to the contaminants. All

other parts of the site must meet cleanup levels. '

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Other Factors Affecting Cleanup Requirements

• Property Use: Factors such as zoning, pastsite Use and how adjacent properties are

used.are important considerations when detennining appropriate. cleanup levels.

For mostsites, cleanup levels will be set low enough that uses of the property will

not be restricted in the future. Propertiesin heavy industrial areas may utilize a

higher risk level. Ifsite use.changes after cleanup, the standards will be reviewed. to

ensure that cleanup levels protect human health and the environment.

• Applicable State and Federal Laws: Cleanup levels and methods used must comply

with existing state or fed.erallaws.

• Environmental Conditions: Washington's diverse environment presents many

variablesin soil conditions, water tables, climate, and plant and animal

communities. These variables need to be considered. because they effect the way

hazardous substancesinteract on a site and how they impact humans and wildlife.

• Technology: Although cleanup technologies are developing rapidly, many

contaminants are still difficult or impossible to remove from soil and water. For this

reason,some flexibility is provided. to consider technological limitations when

setting cleanup levels. Additionally, in some cases, cleanup levels are set at

concentrations lower than what can be reliably measured using today's sampling

and analytical procedures. In those situations, the lowest reliable measurement

would initially be used. The availability of improved analytical methods will be

periodically reviewed.

Protection After Cleanup

• -ConfirmationalMonitoring: Monitoring must be conducted at each site to verify

that cleanup actions worked and remain effective over time.

• Periodic Review: If hazardous materials remain at a site at levels which exceed

Method A or Bcleanup levels, Ecology will review the site every five years to ensure

r continued protection of human health and the environment. Ecology will publish a

notice of all periodic reviews in the site register and provide an opportunity for

public review and comment.

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~~1.:;>Becii.ill;eJeak1rlgundt!fgtOUn~:~t()~ge~teinks·haveo the potentialto'cause fire's' orrl~.O: t<'(~f~}'SI: ',

\l:~+:;:explosionsand because, they' caneasilycontaminate nearby drinking watersources, they ::;,:;

.,~~'~~; generally.must ~.cl~~d~~R~P~:quicl9y"thanlothersites, Owners and operators of. -:';. :'!;~

';":~~<-c.)ea~g ~dergro~d.;~to~g¢.~~h~ulq.C()$ct ECologyfor additional requiJ:eJ;ll~ts -.

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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 activites within 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 173-340 WAC·

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 Consent decrees. . . . . . .. 50

173-340-530 Agreed orders. . . . . . . .. . 53

173-340-540 Enforcement orders ..... 55

173-340-550 Payment of remedial 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 of method A ..... " 75

173-340-705 Use of method B . . . . . .. 76

173-340-706 Use of method 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.

Settlement procedures. [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 ~I.:. .•"., CLEANUP PROCESS

eWAC1?~~~~OO'... ~,~Ose: " '.

This chapter is promulgated under the ModelToxics

ControlAct.. It establishes 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 of this chapter is' to implement the policy

declared by chapter 70.105D RCW. This chapter

provides a workable process to accomplish effective

and, expeditious cleanups in a manner that protects

human health and the environment. This chapter is

primarily intended to address releases of hazardous

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 be construed to diminish

the department's authority to address a release

or threatened release under other applicable

laws or regulations. The cleanup process and

.procedures under this chapter and 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) If a hazardous substance remains at a facility

after actions have been completed under other

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) Detailed site 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 of a 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 of a 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 of the 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 gather information to confirm '

whether a release has occurred and to

enable the department to evaluate the

relative potential hazard, posed by tile'

'release. If the "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

173-340-760 and.select a cleanup action

that will protect human health and the

environment and meet the other requirements of WAC 173-340-360. At some

.sites, restrictions on the use of the 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

of these 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) of this section.

WAC 173-340-430 describes when it is appropriate to take these early or interim actions

and the requirements for such actions.

...(7) Leaking underground storage tanks. Under-

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

(12125/93)

ground storage tank operators 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 of a confirmed release within 'twenty-four hours, follow-up investigation; free

product removal 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

department has authority to take remedial actions or to order persons 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. 173-340 WAC-p S]
173-340-120 Model ToxicS 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: Chapter 70.105D 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) Information exchange.

(4) Scopeof public participation.

(5) Scope of information. "

(6) Combining steps•

(1)' Routine cleanup actions.

(8) Prepantion of documentl.

(9) Inter-agency coordinatiOll.

(10) Appesb.

(1) Introduction. The department shall conduct

or require remedial actions consistent with the

provisions of this 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 potential liability for a site in order to encourage

them to conduct prompt remedial action. It is

also the policy. of the department to make

information available to 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 or technical 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: Ifthedepartment

" 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 of this 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 of participation appropriate to the conditions at a

facility and the level of the 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

levels of detail 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 of the 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 of investigations and in combining steps

may be particularly appropriate for routine

cleanup actions. For example, 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 ifthe 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 commensurate

with the other agencies and tribes interest and need at the site. Interested

agencies 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, the

department 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 of per-

"sonnel and funds' it can expend in any' given

fiscal year.· 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 of learning of a 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 of ranking, 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

comment as part of the 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 order or

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 or issue an order forcleanup 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. 173-340 WAC-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 of a hazardous

substance to cause injury or death to an organism as

a result of a short-term exposure to a hazardous

substance..

"Agreed order" means anorder issued under WAC

173-340-530.

"All practicable methods oftreatment" means all

technologies and/or methods currently available and

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 of the 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 that are consistently present in .

the environment in the vicinity of a site which are

the result of human activities unrelated to releases

from that site.

"Bioconcentration factor" means the ratio of the

concentration of a 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.

For implementation ofthis 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 of benign or malignant tumors in a single,

well conducted animal.bioassay, consistent with the

weight of evidence approach specified in the U~

States Environmental Protection Agency's Guidelines for Carcinogen Risk Assessment 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 of the 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.

"Chronic toxicity" means the ability of a 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 of a 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 of human health

and the environment under specified exposure

conditions.

(12125/93)

o

o
MedelToxles 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 of the 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 of an underground storage tank

pursuant to rules adopted under chapter 90.76

• CW.

"Compliance monitoring" 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 or constructed, which

confines a hazardous substance within a defined

boundary and prevents or minimizes its release into

the environment.

"Contaniinant"means any hazardous substance that

does not occur naturally or occurs at greater than

natural background levels.

"Curie" means the measure of radioactivity 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 of radium in equilibrium with

its disintegration products.

"Day" means calendar day; 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 of Ecology.

"Developmental reference 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 the jurisdiction of the state of

Washington. ..

"Exposure" means subjection of an organism to the

action, influence, or effect of a 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 or population

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 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.istorage , container, motor vehicle,

rolling stock, vessel, or aircraft; or any site or area

where a hazardous substance, otherthan a consumer

product in consumer use, has been deposited"

stored, disposed of, or placed, 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 promulgated or as

subsequently amended or repromulgated.

"Fish diet fraction" means the percentage of the

total fish or shellfish. in an individual's diet that is

obtained or has the potential to 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 of hazardous

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. 173-340 WAC-p 12]

effective date of this section, is a hazardous substance under section 101(14) of the federal cleanup

law, '42 U.S.C., Sec.. 9601(14); petroleum or

petroleum products; and 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.

"Hazardous waste site" means any facility where

there has been confirmation of a release or threatened release of a 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 derived for a similar exposure period.

"Highest beneficial use" means the beneficial use

of a 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 of other existing and

future beneficial uses of ground 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 of remedial action'for

the purpose of characterizing the site or establishing

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 of the water.

"Initial investigation" means a remedial action that

consists of ail investigation under WAC 173-340-

(12125/93)

o

o
Model Toxics Control Act-Cleanup 173-340-200

310 to determine that a release or threatened release

may have occurred that warrants further action eunder this chapter. ' "~:, ':

, "Instltutlenal control" means a measureundertaken

to limit or prohibit activities that may interfere with

the integrity of a cleanup action or result in exposure to hazardous substances at the site. '

"Integrated risk infonnation system" or "nUs"

means a data base developed by the United States

. Environmental Protection Agency which provides a

summary of information on hazard identification '

and dose-response assessment for 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 requirea 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

or biologically 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 of delivery

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

chapter 248-54 WAC or 40C.F.R. 141 as presently

APromulgated or subsequently amended or repromul-

.gated.

(12125/93)

"Maximum contaminant level goal" or "MeLG"

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.. 300f et seq.) and published, in

chapter 248-54 WAC or 40 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 of any radiation to body tissue in terms of its

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 of the

state due to global use of these 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 of fallout from bomb testing and

[Ch. 173-340 WAC-p 13]
. 173-340-200' Model Toxies Control Ad-Cleanup

o

nuclear accidents would be considered natural background. ; . ,- ':~'t'='···, ,

"Natural person" "means any unincorporated

individual or group of' 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 of adverse 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 contaminated at concentrations which

exceed cleanup levels. This shall not apply to

cleanup levels based on background concentrations.

"Order" means an enforcement order issued under

WAC 173-340-540 or an 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-

.stancesidentified as 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. For the purpose

of this chapter, PAH includes those compounds":

which are identifIed and quantified using the appropriate analytical methods as specified in 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 under RCW 70.105D.04O.

.'Practicable" means (except when used in the

phrase "permanent to the maximum extent practicable" which is defmed in WAC 173-340-360(5»

capable of being designed, constructed and implemented in a reliable and effective manner including

consideration of cost. .When considering cost under

this analysis, an alternative shall not be considered

practicable ifthe incremental cost of the alternative

is substantial and disproportionate to the incremental degree of protection provided by the alternative

over other lower cost alternatives.

"Practical quantitation limit" 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 of ionizing radiation that

results in the absorption of 100 ergs of energy per

gram of irradiated material, regardless ofthe source

of radiation.

"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 other materials 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 of milligrams per kilogram body

weight per day. This includes chronic reference

doses, .subchronic reference doses, and developmental reference doses.

"Regional office" means one of the regional offices

of the department of ecology.

"Release" means any intentional or unintentional

entry of any hazardous substance into the environment, including but not limited to the abandonment

or disposal of containers of hazardous substances.

"Relevant and appropriate requirements" means

those cleanup standards, standards of control, and

other human health and environmental requirements, criteria, or limitations 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 if a requirement is relevant and appropri- .

ate.

"Rem" means the unit of radiation dose equivalent

that is the dosage in rads multiplied by a factor

representing the different biological.-· effects of

various types of radiation.

"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

"Restoration time frame" 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 or other

living organisms.

'''Routine cleanup 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 of a set of measurements. The arithmetic

mean is defmed as the sum of all measurements

divided by the number of measurements.

"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 under the Federal

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.

"Sensitive environment" 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 or feeding 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

pursuant to 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

of anthropogenic 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 of a 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 petroleum hydrocarbons" 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 of a 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 tank owner as defmed in the

rules adopted under chapter 90.76 RCW.

"Underground storage tank release" means a

confirmed release from an underground storage tank

_ 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 of human 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 of one 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.

"Volatile organic 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 water table

is usually at or near the surface or the land is

covered by shallow water. For the purposes of this

classification, wetlands must have one or more of

the following attributes at least periodically, 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 of independent 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 of a

hazardous substance due to past activities,

whether discovered before or after the effec-

. tive date of this regulation. It also sets forth .-

the requirements for reporting independent

cleanup actions. The department may take

any other actions it deems appropriate to

identify 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 released to the environment at the

owner or operator's facility and may be a 0

threat to human health or the environment

shall 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 of release confmnation, in accordance with WAC 173-340-450.

To the extent known, the report shall include:

The identification and location of the.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 of pesticides and fertilizers

for their intended purposes and accord- C')

ing to label instructions;

(3)

(1)

(2)

WAC 173-340-210·· Usage.,;:,:'·· ~'~,,':i ;0"

For the'purposes ofthis chapter, the following'shall

apply: . 0.00:'0 0 0::': 0 0o. . . o·

(1) . Unless the context clearly requires otherwise

the use of the 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

or ordered remedial actions, or for potentially

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 of hazardous 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 of a reporting

requirement in this chapter or in another

law or regulation;

(e) A release previously reported to the

United States Environmental Protection

Agency under CERCLA, 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 of independent 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 of the

.completion of the action. For the purposes -of this section, the department

will consider an interim action or clean-

'up action 'complete if no 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

173-340-450for additional requirements

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 of all 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 of discovery, .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) of this section and shall be

submitted within ninety days of completion 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 nor any 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 of the initial investigation is to determine whether or not a release

or threatened release of a 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 or the environment, the department shall conduct an

initial investigation within ninety days.

(b) Exemptions. The department shall not

be 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 shall

include 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

with the 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 of a hazardous

substance; or

(ii) A release or threatened release of

a hazardous substance has occurred, but in the department's

judgment, does not pose a threat

to human health or the environment; or

(iii) Action under another authority is

appropriate.

A decision for a particular follow-up action

does not preclude the department from requiring some other action in the future based on

reevaluation .ofthe site or additional information.

(5)

. -",

.... ~:-i .~~ .. -. (1) ,Purpose. .r: ',' •

(2) Caolcnll.

(3) ~tdeferraJto .n.

(4) Dcpartmcllldccisioo.

(5) Early notice letter.

lCh. 173-340 WAC-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 of the letter;.and :~:

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

, a .determination' of liability and

that cooperating with the department in planning or conducting a

remedial action is not an admission of guilt or liability. .

Nothing. in this section shall preclude the

department from taking 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 could

result 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 ranking ofthe site

under WAC 173-340-330, if appropriate.

(2) Timing.' Unless otherwise directed by the

.department, a site hazard assessment shall be

completed 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 of the

site. A site hazard assessment is not intended

to be adetailed site characterization, however

it 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 of hazardous substances to

the environment;

(c) .Description of facilities containing

releases, if any, and their condition;

(d) Identification,ofthe location of all 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-off and 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 or potentially 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 of the 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)

o

--

o
Model Toxics Control Act-Cleanup 173~340-330

WAC 173-340-330 Hazardous Sites List.

(I) Purpose.

(2) Hazard rankiDg. 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 of these 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 notification of the results of hazard

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 significant change

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 of a 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 of the 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. 173-340 WAC-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 of the

conditions in (a) of this subsection has

been met. Thedepartment may require

payment of costs incurred, including an

advance deposit, for review and verification of the work performed. The

department shall review such petitions;

however, the tiining of the 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: Chapter 70. 105D RCW. 90-

08-086, §173-340-330, filed 4/3/90, effective

5/4/90.]

[Ch. 173-340 WAC:-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

consider for planned action, emphasis shall be

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 any

revisions, 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 of a state remedial investigation/feasibility study will depend on the

informational needs of the specific facility.

This requires that the process remainflexible,

with the scope of the 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 of past 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 of surface

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 of surface 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 of hazardous 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

of public and private, production

wells; and ground water quality

data.

(iv) Air. An evaluation of air 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 WAC-p 26]

(d)

. prevailing .wind direction; and

wind velocity.

(v) Land use. Information character:

izing human populations.exposed

or potentially exposed to the.

hazardous substance released

from the facility and.present and

proposed land uses and zoning

for the site and 'potentially affected areas.

(vi) Natural resources and ecology.

Information to determine .the

impact or potential impact of the

hazardous substailce from the

facility on the natural resources

and ecology of the 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 on

the 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 health aridthe 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 allow

an 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. An evalua-

.tion of alternative. cleanup actions that

protect human health and the environ':'

ment by eliminating, reducing,or other- .

wise controlling ....risks 'posed through

each, exposure. pathway and migration

route,' shall be required. The number

and types of alternatives to be evaluated

shall take into account the characteristics and complexity of the facility. A

phased approach for evaluation of alternatives 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) of this 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 under this section and under an 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 of Cleanup'

!. _. ~.,:!'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- a single site, the

overall cleanup action shall meet the

requirements of this 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 of untreated hazardous substances remaining at a site.

Toward that end, the following technologies for addressing specific hazardous

substances or pathways shall be considered in order of descending 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) Institutional controls and 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)

-:.....

o

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

(b)

(5)

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

a combination of technologies, cleanup

action' alternatives shall maximize the

use of higher preference technologies.

(d) Ecology does not expect that one type

of technology will be used for all sites.

The adoption of the technology preferences in this subsection is designed to

make it more difficult to select a cleanup action with a low preference without

careful explanation of why 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) of this

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 of hazardous 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 of factors. 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 of the

overall environmental quality;

(ii) Long-term effectivenessincluding

degree of certainty 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 of risk

to human health and the environment prior to attainment of cleanup standards;

(iv)' Permanent reduction of toxicity,

mobility and volume of the 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 of hazardous 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 of the 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 considered

when 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 of the 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 of treatment residu-

'f .als generated; .'

(v) ,Ability to be implemented includ-

, ing consideration of whether the

alternative is technically possible,

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 of the

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

considered equivalent unless 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 shall

comply with the following requirements: -

,(i) The cleanup action shall prevent

or minimize present and future

[Cb. 173-340 WAC-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 of institutional controls;

(vii) Ability to.' control and monitor

migration of hazardous substances' from the site;'

(viii) Toxicity of the hazardous substances at the site; and

(ix) Naturai processes which reduce

Concentrations of hazardous

substances 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 if higher preference 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 of the 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 be

considered 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 of compliance 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. 173-340 WAC-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 water affected

by the release shall be reevaluated during the periodic' review

under WAC 173-340-420.

(c) Appropriate restrictions on 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, or containment 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) If the 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. 173-340 WAC-p 32]

migration and contact with those substances.

(9) Expectations. Ecology has the following C ~W expectations for cleanup actions conducted

under this chapter. The department recognizes that there may be sites where these expectations are not. appropriate: .

(a) Ecology expects that treatment technologies will be used wherever practicable.

Use oftreatment technologies should be

emphasized at sites containing liquid

wastes, areas contaminated with high

concentrations of hazardous substances;

highly mobile materials, and/or discrete

areas of hazardous substances which ::';.;

lend themselves to treatment;

(b) To minimize the need for long-term

management of contaminated 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 of materials 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

. or limit exposure to hazardous substances and protect the integrity of the 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)
Model Toxies 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 subsequent runoff from cominginto

contact with contaminated soils and

waste materiais. When such measures

are impracticable, such as during active

cleanup, ecology expects that site runoff

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

adjacent to a surface water body, active

measures will be taken to prevent/minimize releases to surface water via surface runoff and 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 a potentially liable person

under an order or decree. :The level of detail

in the draft cleanupaction plan shall be commensurate with the complexity of the site and

proposed cleanup action.

(a) The draft cleanup action plan shall

include the following:

(i) A general' description of the'

proposed cleanup action including

compliance monitoring; r

(ii) A briefsummary of otheraltemative 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

of the 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 lower preference than higher representative

cleanup technologies listed in

subsection (4)(a) of this 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-site containment, specification of the types, levels, and

amounts of hazardous substances

remaining on site and the measures that will be utilized to

-<,.

.~

(12125/93) [Cb. 173-340 WAC-p 33J
173-340-360 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 of detail 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 of this determination.

(13) Federal cleanup sites. A record of decision

or order or consent decree prepared under the

Federal Cleanup Law that provides" for a

cleanup action may be used by the department

to meet the requirements of this section provided:

(a) The cleanup action meets the requirements in subsections (2) and (3) of this

section;

(b) The state has concurred with the cleanup action; and

(c) An opportunity was provided for the

public 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 of WAC 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 remedial investigation/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 of the cleanup action;

(v) Characteristics, quantity, and

location of materials 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 of effectiveness 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-off controls);

(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 of the 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 of seismic 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 of WAC 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 engineering

practices and techniques and shall include -. the following' information as

applicable:

(i) A general description of the work

to be performed and a summary

of the 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 of the 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 requirements ofWAC 173-

340-810 are met; and

(x) Other information as required by

the department. '

(c) Operation and maintenance plan. An

operation and maintenance plan which

presents technical guidance and regulatory requirements to assure effective

operations 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 or contingency procedures;

A discussion of the detailed

operation of individual 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 of WAC 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

of the 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) of this section, and may allow

'information to be incorporated by reference to

avoid unnecessary duplication.

Permits and approvals, if required for construction or to otherwise implement the cleanup action shall be identified and where possible, resolved prior to, or during, the design

phase to avoid delays during construction and

implementation of the 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

require that 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

accepted construction procedures;

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.

Ifsuch 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) of this

subsection shall beavailable prior

to the inspection.

, (b) 'Construction documentation.

(i) ,All aspects of construction shall

be' performed under the supervision 'of a professional engineer

registered 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 built

drawings 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 the

cleanup 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 this

subsection 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 waste contaminated

by a h~ous substance generated during

cleanup activities and requiring off-site treatment, storage or disposal, shall betransported

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 of compliance monitoring and evaluation of the data are to:

(a) Protection monitoring. Confirm that

human health and the environment are

adequately protected during 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 of the 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 under this 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 of WAC 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 confirm compliance and justification for these procedures, 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) Ifthe 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 of compliance 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 all

periodic 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 interim action may be done prior to or in

conjunction 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 by

additional remedial actions unless compliance with cleanup standards has been

confmned at the site.

(c) The department shall set appropriate

deadlines 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) Public participatioo.

(6) SUbmiuaJ rcqWrcments.

(7) ConstnICtioo.

(I) Purpose. The purpose of this section is to

describe how certain interim actions can occur

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 or

the 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 or cost

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 of the

distribution of hazardous substances at the site and

.selecting a cleanup action. These interim actions

might consist of removing 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 shall be consistent with the cleanup action.

(ii) If the cleanup action is not

known, the interim action shall

not foreclose reasonable alternatives for the cleanup action. This

is not meant to preclude the

destruction or removal of hazardous substances.

~i~ 1,-.'-'

':-"';'.

;::...:

(12/25/93) [Cb. 173-340 WAC-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 commensurate with the work performed

and site-specific characteristics, and shall

include, as appropriate:

(a). A description of the 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 interim 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 of WAC 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 of WAC 173-340-820.

(7) Construction. Construction of the interim

action shall'be in conformance with WAC

173-340-400(7).

res, 173-340 WAC-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

Financial aJlsurances.

Removal or rcatricti0D.8.

Purpose. Institutional controls are measures

undertaken to limit or prohibit activities that

may interfere with the' integrity of an interim

action or cleanup action or result in exposure

to hazardous substances at a site. Such measures shall be required to assure both the

continued protection of human 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) Ifconditional points of compliance 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 and

signs, to limit activities that may interfere with the cleanup action or result in

exposure to hazardous substances at the

site; and

(b) Legal and administrative mechanisms

used to ensure that such measures are

maintained over.time.

Format. ."

(a) For properties 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 of deeds 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 of a hazardous substance which

was contained as a part of the cleanup

action;

(c) Require notice to the department of the

owner's intent to convey any interest in

the site. No conveyance of title, 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

of the 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 Control Act-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 liable person to 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 owner may 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: Chapter 70.105D 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 investigatiOn IDd feasibility 1lUdy.

(6) Engineering doc:umcnts.

. (1) Cleanup atandards.

(8) Indeprildcnt cleanup actiOOI.

(I)' Purpose. The purpose of this 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 of greater than

'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 of this 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-four hours 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 other authorities with jurisdiction, 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 the

UST 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 on

the 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 the

ground water or soil contamination appears to extend below the

lowest soil sampling depth, then

testing shall include the installation of ground water monitoring

(12/25/93)

(b)

wells to test for the presence of

possible ground water contamina-

'tion. Information gathered for

the site check or closure site

assessment conducted pursuant/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 shall

include, 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 substance

stored 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. 173-340 WAC-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 information required

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 the

site at a scale sufficient to illustrate this information:

(iii) Available data regarding surrounding populations, 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 or UST

operator shall:

(i) Conduct free product removal to

the maximum extent practicable

and in amanner which minimizes

the spread of hazardous substances, by using recovery and disposal techniques appropriate to the

hydrogeologic conditions at the

site. The objective of free 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 owner or 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,

evidence confirming 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 compliancemonitoring which

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 of the person responsible for implementing the

f~ product removal measures;

(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 of a state remedial investigation and feasibility study under this

chapter will 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. UST owners 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 performed under subsections (2) through

(5), and (7) of this section, UST owners or

(12/25/93) [Cb. 173-340 WAC-p 47]
173.,340-450 Model Toxics Control Ad-Cleanup'

. 'J ':"r!~ liST operators performing independent clean-

.•j -; 'up actions shall: :::',:: .:.... ." '.>

. (a) . NotU;·th~" department or"th~ir intention'

. to begin cleanup. This Can be included

"0 with other reports 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 of completion ofthe

cleanup action, submit the results of all .

investigations, interim and cleanup

actions and compliance monitoring not

previously submitted to 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 'of Status,'

as. a Potentially Liable

Person.

(1) Stalus Icttcr.

(2) ConIcnlB of lctttr.

(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 of the person the department

believes to be potentially liable;

(b)' A general description of the 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 of a .

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 of the 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 Control Act-Cleanup 173-340-510

(3)

(6)

"

Administrative Options

;., . for Remedial Actions.

(2), Actions initiated by the potentially liable

person. Potentially liable persons 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 initiated by the potentially liable' person.

(3) Actioo initiatedby the dcpar1mcnL

(4) OcpaJ1mClll iancdia1 actioo.

(5) Indcpcodcot remedial 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 of proposals 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.

Opportunity.Jo",comment. ;'. :"Any;.comments ' WAC 173-340-510

shall be submittedinwriting ,to" the' depart-..

ment within thirty' days from the, date of

receipt by the potentially liable person of the '

status letter unless the department provides an

extension. ,.. ' ,

(4) ,Detennination of status. If after reviewing

any comments submitted, the department

concludes that credible, evidence supportsa

finding of potential liability, then, the department shall issue a determination of potentially

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 whenever additional 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 Control Act-Cleanup

c: ......

o

o·

will be made to notify potentially liable per-:'

sons prior to the department taking remedial .

actions for which the recovery of public 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 or negotiations 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 under discussion 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 Contained herein 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 if the 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 to

be addressed including a description of the releases at the facility

and the potential impact of those

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

of the 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 of WAC 173-340-500

and acceptance, for purposes of

settlement, of potentiallyJiable

person status. '

(ii) The contents of detailed proposal

under (f) of this subsection.

(c) Recognizing that the 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 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 of information needed

for a site hazard assessment, if not

already done by the department, so th~t

the department and the public can evaluate the proposed scope of work and

relative priority of the site.

(d) The department may waive part of the

letter requirements of (a) of this 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 under WAC 173-340-500.

This determination will be based in part

on 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 of work; 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) of this

subsection that their proposal 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 ofsuch

stay 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 remedial

action 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) Inform potentially 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'of work;

(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 a

willingness to proceed with the negotiations. The negotiation time frame shall

begin from the date the potentially

liable person receives the letter under

(a) of this 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 from

the date negotiations begin. The department can withdraw. from negotiationsif

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 of discussions. .

(5) ,Focu. of discusaioos.

(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 releases

to 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 of a 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 the agreed 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 department

based 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 action after notifying

the potentially liable person, in

writing, of its 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 public

comment and hearing requirements, the department shall determine whether the proposed settlement negotiated under subsection

(1) or (2) of this section, is more expeditious

and 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 or the 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

of the 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 of the

procedural requirements of WAC 173-

340-500, and acceptance, for purposes

of the agreed order, of potentially 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 of the site.

(d) The department may waive part of the

letter requirements of (a) of this 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 continued discussions 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 person

status may occur concurrently with the issuance of the order. Unless an emergency

requires otherwise, the issuance of a potentially 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 become

effective. 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 WAC~p S5]
DSC = Direct Staff Costs defined in (a) of this subsecPSCM = Program Support Cost Multiplier defined in (c)

of this subsection

ASCM = Agency Support Cost Multiplier defined in (b)

of this subsection, and

(a) Costs of direct activities are direct staff

costs and other direct costs. Direct

Model Toxics Control Act-Cleanup

staff costs (DSC)'are the costs of-hours

.worked directly on a contaminated site, C

including salaries, retirement plan bene-' /'

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 of department 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

administrative time spent by site managers and other staff who work directly on

sites 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 toxics

cleanup 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 of nonsite 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 of all 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) NaIIIra1 rcsoure: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 of costs

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 of Remedial, ~;

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

shall provide an 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 of the

billing date, or within another longer time

period designated by the department. .

Private rights of action. The purpose of this

subsection is to facilitate private rights of

action and minimize department staff involvement in these actions by providing guidance

to potentially liable persons and the court on

what remedial actions the department would

consider the substantial equivalent of a 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 be

disallowed due to omissions that do not diminish the overall effectiveness ofthe remedialaction. For the purposes 'of this section,

the department would consider the following

remedial actions to be the substantial equivalent of a 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 of the 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 not objected

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 of this

_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 other notice procedures are

adequate for the site-specific.

circumstances, . the following

constitutes adequate public notice

and supersedes the requirements

in WAC 173-340-600:

(A) Except for emergency remedial 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 department

which 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.04O

known to the person conducting :the interim actions

or 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

of construction 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 of the 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 of property

, 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

recover its costs of providing the review

(7)

(6)

Model Toxics Control Act":"Cleanup,

.with the technical standards and

evaluation criteria contained in

,-. the· following sections, where

applicable. Where documents are

. required by the following sec-

. tions, the documents prepared

need not be the same in title or

format. Other documents can be

.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 recognized that there are often many

alternative methods for cleanup

of a facility that would comply

with 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 of cleanup 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 .

. ofindependent remedial action reports,

including: -

(i) Providing a written determination

.. regarding the adequacy of the

remedial actions.performed at a

site;

.(ii) Providing a written determination.

regarding the adequacy of the

remedial actions performed at a

site. 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 stafffor 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) FlIDding dcciaiOD. .'

(5) Cost recoveryaction.

(1)

(2)

(3)

Introduction. Under RCW 70.105D.070

(2)(d)(xi);the department may provide public

funds from the state toxics control account to

a potentially liable person for the purpose of

assisting with the payment of remedial 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 of the director.

Applicability and request.

(a) Mixed funding shall be provided 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 of this 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 of the 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 of remedial 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

of funds.

(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'-340 WAC-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 with

timely information and meaningful opportunities for participation which are commensurate

with each site. The department will meet this

goal through a public participation program

that 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 and

meaningful public participation, the department may determine that public participation

opportunities in addition to those specifically

required by chapter 70.105D RCW, or this

chapter, 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 phase of

remedial 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 shall be mailed to persons

who reside within the potentially affected vicinity of the 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 in

the 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 consider how a medium

compares with the newspaper of largest

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, comment periods 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, if ten 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

of the 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 other methods as determined by the

department.

Site register. The department shall regularly

publish and maintain a site register, giving

notice of the 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 of enforcement orders, agreed

orders, or proposed consent decrees;

(e) Public meetings or hearings;

(f) Scoping notice of department-eonducted

state remedial investigation/feasibility

study;

(g) Availability of state remedial investigation/feasibility study reports and draft

and final cleanup plans;

(h) Change in site status or placing 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 of requiring or conducting a remedial action at any facility, the

department shall evaluate public participation

needs at the facility, including an identifica-

.tion of the 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 of a 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 of discussions or negotiations on

the agreed order orconsent decree.

The final public participation plan may become 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 affected 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 the

remedial action. Multiple locations may be appropriate.

(iii) Methods of identifying the public's concerns. Such methods

may 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, or work with the

potentially liable person to develop. the

plan. IT a plan already exists for a

facility, the department shall consider

whether the existing plan is still appropriate or whether the plan should be

amended. For example, a plan originally developed to address a state remedial

investigation/feasibility study may need

to be amended to address implementation phases.

(d) .Plans required. As part of requiring 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 department may 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 of the proposed remedial actions; the level of public 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 or local

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 must beapproved 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 shall

retain 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 site

register advising the public that negotiations have commenced. This notice

shallinclude the name of the facility, a

general description of the subject of the

order and the deadlines for negotiations.

(c) Notice of proposed decree.. The department shall provide or require public

notice of proposed 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 of providing 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

of this 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 of agreed 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 of the

agreed order. For agreed 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 of any

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. 173-340 WAC-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 of the issuance

of the order. In emergencies, notice shall be

mailed no later than ten days after the issuance of the 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 of public comments. The

department shall provide additional

public 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 shall

be 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 notice of state 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

and provide 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 of the notice.

Selection of cleanup actions. In addition to

any other applicable public participation

requirements, the department shall:

(a) Provide a notice of availability of draft

or final cleanup action plans and a brief

description of the proposed or selected

alternative in the site register;

(b) Provide public notice of the draft cleanup action plan. A notice of a draft

cleanup plan may be combined with

notice on the state remedial investigation/feasibility study. Notice of a 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. In

addition 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. 173-340 WAC-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 or interim action.

The publiccomment period shall extend

for at least thirty days from the date of

the mailing of notice. " " "

[Statutory Authority: Chapter 70.105D RCW. 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 aJIocatcd to the comrni1tcQ.

(6) Responsibilities.

(1) Additional goals or RSpOIIlIibilitica.

(l) The department shall establish regional citizens' advisory committees as part of a 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 of the state served by a regional office of the 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-year terms 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-year

terms that may be renewed at the director's discretion. "

o

o

(b) At no time shall more than twenty-five

percent of the membership of any committee consist of persons 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 the department has

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) of this 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 of committee 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 staff to

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

of citizen 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

recommendations to address these

concerns;

(iii) The committee's plans for the

coming year; and

(12125/93) lCh. 173-340 WAC-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 or responsibilities. _

[Statutory Authority: Chapter 70.105D 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) Additiooa1 f.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

of the methods for establishing cleanup standards that apply to a release-or threatened

release of a hazardous substance at a site. -H

there are any inconsistencies between this

section and any specifically referenced section, the referenced section shall govern.

(2) Cleanup standards versus selection of cleanup

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 provides

uniform methods state-wide for identifying cleanup standards and requires that

all cleanups under the act meet these

standards. The actual degree of cleanup

may vary from site to site and will be

determined by the cleanup action alternative selected under WAC 173-340-

360. Establishing cleanup standards for

individual sites requires the specification of the 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 of compliance");

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 of a specific cleanup

action.

(b) For most sites, there are seyeral

cleanup technologies or combinations of

. cleanup technologies ("cleanup action

alternatives") that may be used to

comply with cleanup standards at.

individual sites. Other parts of this 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

of cleanup 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 containment of.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 or the

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 for individual 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 HJs

) 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 of the

. 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 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 (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 soil may 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 of indicator 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 background concentration.

(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 of other 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 -will

continue to be met in the future. The provisions for establishing points of compliance 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. Where

cleanup 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 is

consistent with this section. This section shall be used in combination with

WAC 173-340-130, the more specific

sections in Part vn of this 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 be protective of human 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 of these 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

consider WAC 173-340-360 and 173-340-700

through 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 of hazardous substances which

exceed method A or method B cleanup levels,

as applicable, or conditional 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 of proof.. Any person responsible for

undertaking 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 met to 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 of proof. U

(h) '. The cleanup of a particular media of a

site will often affect. other media at the

site. '." These cross-media impacts shall

be considered when establishing cleanup

standards and selecting a cleanup ac-

. tion. Cleanup actions Conducted under

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 of cleanup 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 of compliance, 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: Chapter 70.1 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 of proof.

(6) New scientific information.

/

o

tcs. 173-340 WAC-p 74] (12125/93)
Model Toxles Control Act-Cleanup 173-340-704

(6) New scientific information.. ,The department ,

shall consider new scientific information when

~.. establishing cleanup levels 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 ~gency.' /

[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 of Method A.

(1) Method A may be used to establish cleanup

levels at the following types of sites: '

(a) Sites undergoing routine cleanup 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 of the 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) For individual 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. 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 defme cleanup levels

(12/25/93) [eb. 173-340 WAC-p 75]
Model Toxies Control Act-Cleanup

that must be met-for financial.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: Chapter 70.105D RCW. 91-

04-019, §173-340-704, filed 1128/91, effective

2/28/91.] .

_ E

lCh. 173-340 WAC-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 of the Conditions for using method A or

method C are demonstrated to exist and the

person Conducting the Cleanup action 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 of the 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 of one (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 ~inimizet~e ~tentialdforfood 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/or

exposure resulting from more than one pathway of exposure. 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 this

section 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 of Method 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 overall

threat 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 of threats;

(iii) Reversibility of threats;

(iv) Magnitude of threats; and

(v) Nature of affected population.

(c) Where method A or B cleanup levels

are below technically possible concentrations, method C cleanup levels may

be established at the technically possible

concentrations, but in no case greater

(12125/93) tcs. 173-340 WAC-p 77]
173.:.340-706 ,Model Texies Control Ad-Cleanup

than levels Specified in subsection (2) of '

,. ,. thissection; 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 with the procedures in WAC

173-340-720 'through 173-340-760. Method

C cleanup'levels shall be at least as stringent

as all of the following:

(a) Concentrations established under applicable state and federal 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

or minimize the potential for food

chain contamination.

[Cb. 173-340 WAC-p 78]

(3) The department may establish method C

cleanup levels that are 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) of this 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 exposure. 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 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 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: Chapter 70.105D 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 of a 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 of WAC 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 the

particular 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 by

this chapter is less than the practical quantitation limit using an approved analytical

procedure, the department may also require

one or more of the following:

(a) Use of surrogate 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 department may 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 of indicator hazardous substances is appropriate for a particular site,it

may also require biological testing to

address potential toxic 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. ViAC 173-340-720 through 173-

340-760 defme 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. For example, 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 for purposes of defming 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 of the 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 of indicator 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. of exposure. .

(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. 173-340 WAC-p 80] (12125/93)
Model 'I'exles Control Ad-Cleanup 173-340-708

!; . (c) _:.}lersonsr- 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 of an alternate exposure scenar-

". io shall be documented by the.Person

performing the .cleanup action. Documentation for the use of alternate exposure scenarios shall be based on the

results of investigations performed in

accordance with Wf:t..C 173-340-350.

(d) Individuals or groups 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 or groups of

individuals are or could be consistently

exposed through more than one path-·

way, the reasonable maximum exposure

shall represent the total exposure

through all of those 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 or more 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 health threats 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 of exposure.

(a) Estimated doses of individual hazardous

substances resulting from more than one

pathway of exposure 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 of exposure pathways considered at

a 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 Control Act:"'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

beconverted 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 be

utilized 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 WAC-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) of this 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) of this 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 of this 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 of health, 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 of that 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

carcinogenic potency 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 of an alternate value

" "is' more appropriate.

(b) ~. When uiliiziJiga bioconcentration 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

exception ofthe parameters identified in

(b) of this subsection, these parameters

shall. not be modified for individual

hazardous substances or sites ina manner which results in a less stringent

cleanup 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) 0Bioconcentration 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 of WAC 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. For purposes of this chapter,

two types of background may be determined, natural background and area

background concentrations.

(b) For purposes of defining background

concentrations, samples shall be collected from areas that have the same basic

characteristics as the medium of concern at the site, have not been influenced by releases from the site and, in

the case of natural 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 for

the distribution of each hazardous substance. If the distribution of the hazardous substance data is inappropriate

for 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·

Whether the entities or interests affected

or protected by the requirement are

similar to 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 of the 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 of affected 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 following criteria

.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 of the cleanup action;

(b) Whether the 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 of control,

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 under this

chapter shall .comply with applicable

state and federal laws. For purposes 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) of this 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 of cleanup actiOlll.

(T) Interim llCtiOlll.

WAC 173-340-710 Applicable State and

Federal Laws.

[Ch. 173-340 WAC-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 of cleanup 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 of this 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 consistent with

the requirements of chapter 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

under this 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 department may

also determine, based on the criteria in subsection (3) of this 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 highest beneficial 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 of a 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 normally

be 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 is

unlikely 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 concentrations

which 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)

of this 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 of interconnection

due to well construction practices

in the area of the 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) ..-The hydrogeologic characteristics

of the site;

(vi)' The presence of discontinuities in

the affected geologic stratum; and

(vii) .The degree of confidence 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) of this 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 surface

waters 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 that

hazardous 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 ground water quality criteria published in chapter

173-200 WAC.

(d) Where more stringent cleanup levels are

necessary to protect beneficial uses of

ground water other than 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 or indirectly 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 A cleanup levels shall be

at least as stringent as all of the 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 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 defme 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

, action under this chapter.

b Arsenic. Cleanup level based on background concentrations for state of Washington.

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) of this section and a hazard quotient of 0.2.

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) of this

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 of adverse aesthetic

characteristics. . ,

Ethylene ·dibromide. Cleanup level based on concentration derived using procedures in subsection

(3)(a)(ii)(B) of this' 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 of unacceptable blood lead

levels.

m .Lindane. Cleanup level,based'on concentration derived using procedures in subsection (3)(a)(ii)(B) of this

section.

n Methylene chloride. Cleanup level based on concentration derived using the procedures in subsection

(3)(a)(ii)(B) of this 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) of this 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 of adverse aesthetic

characteristics.

Y Total Petroleum Hydrocarbons. Cleanup level based on prevention of adverse 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;

Reference Dose as specified in WAC o

173-340-708(7) (mg/kg-day)

Avernge body w~gM during the

period of exposure (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 as

determined 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) Maximum contaminantlevel

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) of this 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

or points 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 of the conditions

in WAC 173-340-706(1) exist.

(b) Where the ground water is a current or

potential future source of drinking 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 of the 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 of exposure (70 kg) r

Lifetime (75 years)·

Unit conversion 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 of exposure (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

or minimize 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 of those

factors listed in subsection (3)(b) of this

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 of exposure.

(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 expores, 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 of compliance.

(a) For ground water, the point of compliance 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 of compliance to the outer bound- C

ary of the hazardous substance plume.

(b) The point of compliance 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 of compliance is proposed, the

person responsible for undertaking the

cleanup action shall demonstrate that all

practicable methods of treatment 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 of compliance 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 under

WAC 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 of treatment prior to release into surface

waters;

(iii) Ground water discharges shall

not 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 address

potential 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 into

account 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 and

oral 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 a

filtered sample provides a more representative measure of ground water

quality. Ecology expects that filtering

will generally be acceptable for inorganic substances where:

(i) A properly constructed monitoring well cannot be sufficiently

developed 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 the

ground 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 of data 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

of sampling data for each hazardous substance. Ifthe 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 specify the

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 of concentrations 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 upper confidence

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) If a 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 upper confidence 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 of 0.05;

(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 of a 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 of hazardous

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

under this section apply to those surface

waters of the state affected or potentially 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 runoff that is in the process

of 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:

(i) All water quality criteria pub- C :

.'

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 department

determines 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

waters shall be at least as stringent as C

all of the 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 surface

waters of the state of Washington, chapter 173-201

WAC, as amended; and

(B) 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 unless it can be

demonstrated that such

criteria are not relevant and0

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)

= 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)

= Duration of exposure (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 impacts

on 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 x ABW x LIFE x UCFI x UCF2

(ug/l) CPF x BCF x FCR x FOF x OUR

Where:

RFD x ABW 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

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 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 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 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) of this

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 which

represent 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 of compliance.

(a) The point of compliance shall be the

point or points at which hazardous

substances are released to surface waters of the state unless the department

has 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 zone

shall 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 cleanup

standards shall be determined by analyses of unfiltered 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

of this 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 of the

hazardous substance sampling data. If

the distribution of the hazardous substance sampling data is inappropriate for

statistical methods based on a normal

distribution, then the data may be transformed. Ifthe distributions of individual 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 the

practical 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 generally the 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 of site 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 commercial

sites, 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 the

site 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 site

zoning, 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 established

under 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 where

soil cleanup levels are less stringent than method B soil cleanup

levels established under subsection (3) of this section.

(iv) The department expects that only

industrial/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 of the 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 of Washington.

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 of ground water.

Mercury. Cleanup level based on protection of ground 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 of ground water.

q Total Petroleum Hydrocarbons (gasoline). Cleanup level based on protection of ground water.

r Total Petroleum Hydrocarbons (diesel). Cleanup level based on protection of ground water.

S Total Petroleum Hydrocarbons (other). Cleanup level based on protection of ground water.

t 1,1,1 Trichloroethane. .' Cleanup level based on protection of ground water.

U Trichloroethylene. Cleanup level based on protection of ground water. .

v Xylenes. Cleanup level based on protection of ground 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 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 ABl x FOC

Reference Dose as defmed in WAC

173-340-708(7) (rug/kg-day)

Average body weight over the period of exposure (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 and

standard exposure assumptions:

RISK x ABW x 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 protect human health or environment.

(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 on

individual 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

of exposure (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 of exposure (6 years)

= Frequency of contact (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 established under 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 of soils 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 necessary to protect the ground water

at a particular site;

(v) Concentrations necessary to

protect nearby surface waters

from hazardous substances in

runoff from 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 or 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 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 under WAC 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 on

individual hazardous substances that comprise the

total petroleum hydrocarbons;

(iii) 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

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 of contact

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 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 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) of

this subsection when, based on a sitespecific evaluation, the department

determines that such levels are necessary to protect human health and the

environment, including consideration of C\

those factors listed in subsection (3)(c) ./

of this section.

Multiple hazardous substances/multiple pathways of exposure.

(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 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. ()

(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 where there is exposure to

a single hazardous substance by one

exposure pathway, including cleanup

levels based on applicable state and

federal laws.

Point of compliance.

(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 of ground 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 173-340-360 that involve containment of hazardous substances, the soil

cleanup levels will typically not be met

at the points of compliance specified in

(b) and (c) of this subsection. 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 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 or future 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 of data 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 there

are large variations in hazardous substance concentrations relative to the mean

hazardous substance concen-

[ tration or a large percentage

of concentrations 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 site

sampling 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 soil

cleanup level, the decision rule is a onetailed test of the 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 the

sample concentrations shall exceed the soil cleanup level. '

Ifa 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 the

sample concentrations shall exceed the soil cleanup level; and

(iii) The true proportion of samples

that do not exceed the soil cleanup level shall not be less than

ninety percent. Statistical tests0

shall be performed with a type I

error level of 0.05.

(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 limit

shall 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 alternate

statistical procedures for handling nondetected values or values below the

practical quantitation limit. Alternate

statistical procedures may include probit

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

otherwise officially designated for

industrial use;

(ii) The site is currently used for

industrial purposes or has a

history 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 numberof large

industrial areas will qualify for industrial soil cleanup levels under this section.

Soil cleanup levels established under

this 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) of this 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)

of this section.

C Benzene. Cleanup level based on protection of ground water.

d Cadmium. Cleanup level based on protection of ground water.

e Chromium. Cleanup level based on inhalation exposure.

f DDT. Cleanup level based on protection of ground water.

g Ethylbenzene. Cleanup level based on protection of ground 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) of this section. .

It Methylene chloride. Cleanup level based on protection of ground water..

I Mercury. Cleanup level based on protection of ground 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) of this section. .

o Tetrachloroethylene. Cleanup levei based on protection of ground water.

P Toluene. Cleanup level based on protection of ground water.

q Total Petroleum Hydrocarbons (gasoline). Cleanup level based on protection of ground' water.

r Total PetroleumHydrocarbons (diesel). Cleanup level based on protection of ground water.

S Total Petroleum Hydrocarbons (other). Cleanup level based on protection of ground water.

t 1,1,1 Trichloroethane. _Cleanup level based on protection of ground water.

U Trichloroethylene. Cleanup level based on protection of ground water.

Y Xylenes. Cleanup level based on protection of ground water; and

-: . .

--.

~'~".:~:':. .::.:~

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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 of exposure (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) of this subsection when, based on site-specific

evaluations, the department determines

that such levels are necessary to protect

human health or environment, 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.

of the 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

of exposure (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 of exposure (20 years)

= Frequency of contact (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 of exposure.

(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 under

these 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 of groundwater, 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 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

[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:~~

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C)

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0,:/:. ~._ .'••0

.~".

- Breathing rate (20 m3/day)

- Absorption percentage (1.0)

- Duration of exposure (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

environment as 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 and

are 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 of compliance 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 procedures

used 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 is

based 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 1191
173-340-760 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 or private, 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 of property owner. The department will ask a resident, occupant, or other

persons in custody of the 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 at

the 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, provide

legible copies of the requested documents to the department.

Emergency entry. Notice by the department'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 (chapter 49.17 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 oftheir own 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)of the

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. 173-340 WAC-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 of investigation 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 collection

and 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 protective

of human health and the environment;

(vii) Description and number of quality 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 been

specified 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-otherwise 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) of

this section to provide lower quantitation limits, improved accuracy, greater

precision, or to address the factors in

(d) of this subsection.

(f) Limits of quantitation. Laboratories

shall 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 method

specified 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

other technical 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) Method 4. STANDARD METHODS FOR TIIE EXAMINATION OF WATER AND C

WASTEWATER, American

Public Health 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, December

1986 and any revisions or amendments thereto; or

(vii) Equivalent methods subject to

approval by 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) of this 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) of this subsection,

may be used to determine compliance

with WAC 173-340-730.

(e) Soil. Method 1, as described in (a) of

this 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 of the factors in

subsection (2) of this 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 of copies.

(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 of the 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 of a

professional engineer registered with the state

of Washington.

(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. This requirement 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 of

the 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 taking

remedial 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 of time 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 coordinator for 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 of the 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 of an 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 of this 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

(12/25/93)
/

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 of review.

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 Existing agreeJilents--I.989 c 2.

70.1050.920 Effective date-1989 c 2.

70.1050.921 Severability-I 989 c 2.

RCW 70.105D.010 Declaration of policy. (I) Each

person has a fundamental and inalienable right to a

healthful 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 be

cleaned 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, Volume O.

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 II
70.105D.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 department

shall 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, adequate

notice 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

of containers 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- C

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 the

federal 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 G·

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 0

(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 of or 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 of God;

(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 of the

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 31
70.1050.040 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

competent jurisdiction.

(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 to

provide 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 by the 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 action

if 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 0'

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 0

(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 of a

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

/

c

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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