# ... ; 

# .- .,,( Ii: q t I , •**""~~I.**

# ~FFICE OFTHE ATTORNt{GENERAL

# ~~?YV\... KenEikenberry, AttorneyGeneral 

# nfl

.**~/L** 

## • TempleofJustice, Olympia, washington98504

### ~"TV'J



## June 16, 1983



## Mr. Donald W. Moos Director, Department of Ecology MS PV-11 

## Olympia, WA 98504 

## Re: Dangerous Waste Regulatory Program Dear Mr. 

## Moos: This office, by letter dated September 7, 1982, 

## provided you with a statement which described, among other things, the authority of the Department of Ecology to operate a dangerous waste regulatory program in accordance with the federal Resources Conservation and Recovery Act of 1976. 

## We are writing this letter to bring to your attention certain legislation enacted by the Washington Legislature earlier this year. This letter also responds to questions raised by the United states Environmental Protection Agency in its review of the state's application for interim authorization under RCRA. The 1983 

## Legislation The 1983 

## session of the Washington state Legislature enacted three measures which relate to the Department of Ecology's dangerous waste regulations. See, Engrossed Senate Bill (ESB) 3674, 

## Substitute House Birr-(SHB) 712, 

## and Substitute House Bill (SHB) 64. 

## (A copy of each of these enactments is attached.) The 1983 

## session of the Legislature adjourned on May 23, 1983. 

## ESB 3674 

## and SHB 64 

## are effective 90 

## days after that date, or on August 21, 1983. 

## SHB 712 

## goes into effect in stages. See, SHB 712, 

## section 15. 

## ESB 3674 

## and SHB 712 § 

## 6(4) 

## provide to the Department of Ecology the full authority to administer all programs of the federal Resource Conservation and Recovery Act (RCRA) , 42 

## U.S.C. 6901 

## et**~.,** 

## insofar as state implementation of that Act is concerned. These measures were enacted to resolve any possible ambiguities involving the powers of the Department of Ecology. SHB 64 increases the maximum civil penalty which may be assessed under ch. 70.105 

## RCW from $1,000 

## to $10,000 

## and authorizes issuance of regulatory orders by the Department of Ecology.! '

" 

## "OFRCE

# c:: "THE ATTORNEYGENERAL';'; June 16, 1983 Page 2 Authority to Regulate Dangerous Waste Recyclers The Environmental'Protection Agency (EPA) questioned whether the Department's authority to regulate "
... discarded, abandoned, useless, or unwanted
. . . substances. II RCW 70.105- .010(5) (emphasis-added), authorizes regulation of recyclers. Note, first the powers granted in ESB 3674 and SHB 712 § 

## 6(4). Please note also that EPA and Department of Ecology regulations concerning recyclers, i.e., 40 CFR 261.6 and WAC 173- 303-120, respectively, are practically identical. In this regard, EPA has authority under RCRA to regulate IIsolid waste," which means, in the most general sense, ".
. . discarded material.
... " 42 U.S.C. 6903(27). It appears then that the Department's and EPA's**re~jlations** 

## and statutory authority are substantially equivalent.- Energy Facility Site Evaluation Council The Energy Facility Site Evaluation Council (EFSEC) has adopted permanent rules which require that applicable provisions of Department of Ecology dangerous waste regulations, ch. 173-303 WAC, be applied to on-site dangerous waste activities at energy facilities. See, ch
. 463-40 WAC. (Copy attached as Exhibit 4. Note that the statutory authority identified therein is RCW 80.50.040(1) } . EFSEC has also committed, by agreement with the Department, to

. . . require compliance with all substantive provisions of ch. 173-303 WAC which are identified in testimony, presented during contested case hearings before EFSEC, by WDOE witnesses as being applicable to the project. (A full text of the agreement is attached as Exhibit S.) This arrangement is supplemented by EFSEC's commitment to adhere to the StatejEPA Memorandum of Agreement which, we understand, will be provided by your agency to the Environmental Protection Agency incident to this state's application for interim authorization.

Application of the Department's rules to one recycler**~s** 

## in litigation at this time. See, Washington Chemical Inc. v. Department of Ecology, PCHB No. 82-181.

# - OFFICE OFTHE ATTORNEYGENERAL June 16, 1983 Page 3
We are informed that none of the holders of certificates issued pursuant to ch. 80.50 RCW now have activities on-site which are subject to regulation as treatment, storage, or disposal of dangerous wastes. The Washington Public Power Supply System (WPPSS), the certificate holder which has obtained a waste generator identification number, has contractors on-site which generate dangerous waste, according to the 1982 annual report. WPPSS contractors are not certificate holders, they would thus be subject to Department of Ecology regulations. In sum, it is our position that, through adoption of ch. 463-40 WAC dangerous waste regulations under authority of RCW 80.50.040(1), by making the Department of Ecology/EFSEC memorandum of agreement, by agreeing to adhere to the State/EPA Memorandum of Agreement, and by taking into account DOE's powers a "substantially equivalent" program suitable for interim authorization has been established. Generator Standards and Financial Responsibility The issue under these topics actually concerns the Administrative Procedure Act (APA), ch. 34.04 RCW. The question, generally, is whether the Department of Ecology has adopted "z'uLes s " 

## by making specific agreements with EPA, without complying with the APA. "Rule" is defined to include,

... any agency order, directive, or regulation of general applicability (a) the violation of which subjects a person to a penalty or administrative sanction; (b) which establishes, alters, or revokes any procedure, practice, or requirement relating to agency hearings; (c) which establishes, alters, or revokes any qualification or requirement relating to the enjoyment of benefits or privileges conferred by law; (d) which establishes, alters, or revokes any qualifications or standards for the issuance, suspension, or revocation of licenses to pursue any commercial activity, trade, or profession; or (e) which establishes, alters, or revokes any mandatory standards for any product or material which must be met before distribution or sale. The term includes the amendment or repeal of a prior rule, but does not include (i) statements concerning only the internal management of an agency and not affecting private rights or procedures available to the public, (ii) declaratory rulings issued pursuant to RCW 34.04.080, as now or hereafter amended, or (iii) speed restrictions for motor vehicles established by the state transportation commission. RCW 34.04.010(2).

# r- ·-JFFICE OFTHE ATTORNEYGENERAL-,- 

# June 16, 1983 Page 4 We have not identified any reported decision of a Washington appellate court which disposes of this question. The specific agreements by the Department of Ecology (copy attached as Exhibit 6) in question appear to be interpretations of adopted rules, i.e., WAC 173-303-141 and 173-303-620(8), and thus do not "establish," etc. any substantive requirements outside of ch. 173-303 WAC. We are further informed that the Department intends to adopt rules to formalize this interpretation. Pollution Control Hearings Board EPA's concern is that the Pollution Control Hearings Board (PCHB) could modify a TSD permit on appeal without the Department of Ecology's consent. See ch. 43.21C 

# RCW. The PCHB has scheduled a permanent rule for adoption to settle this question (a copy of the proposed rule appears as Exhibit 7). We trust that the foregoing will be of assistance to you. Very truly yours, -#-A-L,. o' 

# Charles B. Roe, Jr.-c; Senior Assistant Attorney General

# (i~**~~:** -l

# U1[{(/tc-a~.6' Charles K. Douthwaite Assistant Attorney General CKD:sc AttachmentsENGKOSSW SENATE BILL NO. 3674 State of Washington by Senator Hughes 48th Legislature 1983 Regular Session

Read first time on February II. I!lH3 and referred to Conmit tee on Parks and Ecology.

AN ACT Relating to pollut ion control; amending section 24, 2 chapter 13, Laws of 19ti7 as last amended by section I, chapter 267, 3 Laws of 1979 ex. sess. and RCW 90.48.260; adding a new section to 

# ( 4 chapter 70. lOS RCW; and adding npw sections to 43.21A RCW.
5 BE IT ENACTED BY TIlE l.EGISI.ATUKE OF TIlE STATE OF WASHINGTON: 6 Sec. I. Section 24, chapter 13, Laws of 1967 as last amended by 7 section I, chapter 267, l.aws of 1979 ex. sess. and RCW 90.48.260 are 8 each amended to read as follows;

include, among others. and nutwithstanding any other provisions of to take all action necessary to secure to the state the benefits and to meet the requirpments of that act. The powers granted herein The department of ecology is hereby designated as the State Water Pollution Control Agency for all purposes of the federal «Water PeIIMtieR··E8Rlrel») clean water act as amended and is' hereby authorized to participate fully in the programs of the act as well as

and administer a to estab lish authority Complete (1) chapter 90.48 RCW or otherwise. the following: II 9 10
12

17 13 14 15 16 

## Hoose Crnrnittee AnErdrents to ESB 3674 by 

## camri.ttee on Environrrental Affairs

# c..,-,.,lA.~.**y/~,r.a** On 

## page 3, line 12, after "act." insert "The 

## departJrent of ecology is also authorized to participate in any future federal program established 

## under the 

## federal Safe Drinking Water Act 

## whiCh provides matching funding for planning and 

## irrplerentation of a sole source aquifer protection program." 

# <:
On 

## page 3, beginning on line 23, strike all of new 

## section 5.

# ah~**41~/f3** ReI'lUllber 

## the remaining sectioo acoordingly. 18 comprehensive state point source waste discharge or pollution 19 discharge elimination permit program which will enable the department 20 to qualify for full participatil,n in any national waste discharge or 21 pollution discharge eliminat ion permit system and will allow the 22 department to be the sole agpncy issuing permits required by'such 23 national system operat ing in the state of Washington subject to the 24 provisions of KCW 90.4H.2n2(2). Program elements authorized herein 25 may include, but are not limited to: (a) Effluent treatment and 26 limitation requirements together with timing requirements related



# . .,/

t 27 thereto; (b) applicable receiving water quality standards 28 requirements; (C) requirements of standards of performance for new 29 sources; (d) pretreatment requirements; (e) termination and ·1- ES8 3674, Sec. I Sec. Ii
modification 

### r-'not ices and of permits for cause; (f) requirements for pUblic opportunities for public hearings; (g) appropriate 2 (42 U.S.C. 9tiOI et. seq. I. as it exists on the effective date of rhis act. contemplated for state participation and administration under

16 facilities and works; and the administering of various state water

22 required of him or her by !he federal**((Water·-P811~ti8R··(eRtr81»)** 3 relationships with the secretary uf the army in the administralion of 4, his responsibilities which relate to anchorage and navigation. with 5 the administrator of the envirunmental protection agency in the 6 performance of his duties. and with other governmental officials

gas those

and participation

oi I federal act. over natural resources administer subject-matrer. The drparlmentS of social

### ~nd rr-source s and the empowered to enter into such agreements conservation of pcology. thp dppartment of natural resources.

gas

....xisting and

und
....r NEW SECTION. Sec. 4. There is added to chapter 43.21A RCW a new
The department

The**d.ep'a~,··-nf "M':llltig~'-:-**  i n the implementation of powers**-=-~** provided herein shall enter into agreements of**'a~inistration** with in administration und"r Ihr a("t

authority the effect ive datr- of this act, "ontpmplated for state

and the oiI 4

6

22 7 the department of soc ra l and health services. and the oil and gas 8 conser vat ion commi ttee ar e au tnorizr-d to part ic ipate fully in and are 5 section to read as follOWS: 3 that act.

19 18 which the said departments and commi t

21 conservs t ion 16 15 the departments of social and health services 13 14

17 portions of the II

20 health services 12 9 empowered to administrr all programs of Part C of the federal Safe 10 Ilrinking Water Act (42 U.S.C. Sec. :100 (h) et . seq.). as it ex i s ts on (h)

in a

waste ac r :

programs

area·wide pollution control the construction. state

processes. and maintenance of various water (2) The power to establish and adminislf'r

treatment management plans. and basin planning. The governor shall have authority to perform those actions form of grants. loans. or otherwise: to assist in

clean water act. pollution control management. regulatory. and enforcement programs. (3) The power to develop and implement appropriate programs manner which wi II insure thr procurr-mr-ut of mouoys , whether in throperation. 7**und~r** the !edcral**((Waler·P81IMliAR·~eR,rHl)** clean water

19 pertaining to continuing planning 17 18 If 13' 14 15

23 20 21 8 requirements for inspectiun. monitorinN. entry. and reporting; (i) 9**enforcem~nt** of the program through penalt ips. emergency powers, and 10 criminal sanctions; <j) a continuing planning process; and (kl user II**char~es.**

NEW SECTION. Sec.:,L There is added to chapter 70.105 RCW a new**~ction** to read as follows: The department of ecology is empowered to participate fUlly in and is empowered to administer all programs of the federal Resource Conservation and kecovery Act. as it exists on the effective date of participation and administration by a state under that act. also is ecology of department

If any provision of this act or its Th(' 5.

person or cir("umstance is**hel~** invalid, the act or the appl ication of the provision to other Sec. 6. Sec.

NEW SECTION.

remainder of the application to any 27 28 29 23 SECTION.

/'**2~** authorized to parI icipate in any future federal program established

## 25"~ this act providing for matching funding for planning and


# --------------- 26 implementation of a sole source aqu i fer**pror~cTIl)"** 

### Piogr1im.

for contemplated seq. r , this act (42 U.S.C. Sec. 6901 et. 24 

# 2( 26 27 28 29 30 31 NEW SECTION. Sec. 3. There is added to chapter 43.21A RCW a new 30 persons or circums!ances is not affected. 32 section to read as fOllows: 33 The department of ecology is authorized to participate fUlly in 34 and is empowered to administer all programs of the federal 35 Comprehensive Environmental Response. Compensation and Liability Act ES8 3674 -2· -3- ES8 3674

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# ..State or Wasblnaton 48t aillature 1983 Relular**Sesalo~**

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### ..

# -

. by COBmlttee on Environmental Arralrs (orilinally sponsored by Representatives Rust, Allen, Brough, Miller, Appelwlck, Holland. Burns, Broback, LUK, Silver, NieMI, Charnley, R. Kina. Lona••

_ Brekke and Todd) ,
Read first tlse February 4, 1983 and passed to**C~lttee** on Rule
.. ror second readlna.
AN ACT Relatlna to hazardous waste disposal; amendlna sectloD 8, 2 chapter 101, laws or**197~·'76** 2nd eK. sels. and RCW**70.10~.080;** 3 amendlnl section 9, chapter 101, Lawa or**197~·'76** 2nd eK. sesa. an. 4 RCW**70.10~.090;** and addlnl new sections to chapter**70.10~** RCW. BE IT ENACTDl BY 1lIE LEGISLAnJRE OF 1lIE STATE OF**WASHI~:'** 6 NEW SECTION. Sec. I. Tbere II added to cbapter 70.105 RCi. lDe' 7 section to read as rollows: 8 A person Injured as a reault of a violation of tbls cbapter 0 9 the rules adopted thereunder asy brlna an action In superior cour 10 for the'recovery or the daMages. A conviction or I_position or II penalty under this chapter la not a prerequisite to an actlOD uDde 12 this section. 13 The court eay award reasonable attorneya' reea to a prevalllm 14 Injured party In an action under thla section.**~.** '**,~** 

# ) 15 Sec. 2. Section 8, chapter 101, Laws or**197~·'76** 2nd e•. ses. 16 and RCW 70.105.080 are each amended to read as rollowa: 17 (I) Every person who falls to comply wltb any provlalon or «a, 18 79.195.919-·thr8vlh-79.195,Q99)) thla chapter or of the rules**-~~ptl** 

# , 19 thereunder shall be subjected to a penalty In an amount or no. mol 20 than «88e»' ten thousand dollars per day ror every sucb vlolatlol 21 Each and every such violation shall be a separate and dlstlne**t~!** ,,:t 

# \.) 22 orrense. In case or continuing violation, every day's contlnuan. 23 shall be a separate and distinct violation. Every person wbl 24 throuah an act or commission or omission, procurea, aids. or abeta 25 the violation shall be considered to have violated the provlalona ' 26 this section and shall be subject to the penalty herein provided. 27 (2) The penalty provided for In this section sball be I_posed 28 a notice In wrltln.. eltber by certlrled sail wltb return recel

. I· SBB:>ec requested or by personal service; the person Incurrlns the a,me from the**depart~nt,** descrlblna the violation with reasonable particularity. Within fifteen days after the notice Is received. the per80n Incurrlna the penalty may apply In wrltlna to the department for tbe re.laslon or .Itlaatlon of auch penalty. Upon receipt of the application, tbe depart-ent
..y remit or .Itlaate tbe penalty upon whatever ter-. tbe**depart~nt** In Its discretion deem. proper, conalderatlon to the degree of hazard associated with the violation, provided tbe depart-.nt deems such remission or mltlaatlon to be In tbe best Intereata of carrylna out the purposes of this chapter. The**deplrt~nt** of ecoloay shall have authority to ascertain the facts realrdJna III such applications In such reasonable manner and under 2 3 4 II 8 7 8 8 10 11 

### 12 13 luch rUles as It
..y deem proper. Any penalty Imposed by tbe 

# "".**,~** I -' 2 3 4 6 

## o 7 8 9 10 11 

### 12 13 In Iddltlon to the**penaltl~_** Imposed pur.uant to RCW**70.105.08~** any person who vlolAtea any proylalon. of «1101-79.191.919-**tll.~~"1** 79.191.999» this chapter, or of the rules I.plementlna «R£ 79ol91.919.•tllre'l.h.-79ol91.999» tbla chapter, and any peraon who knowlnaly ald. or abeta another In conductIna any violation of an provlalona of «ROf_79ol91.9IQ-tlore"IIo.79ol91l.Q99» thlacllapter. 0 of the rules I.ple-entlna «ROI_79.191.919-thre'l.h-79.191.999» chapter, Iball be aullty of a aross misdemeanor and upon convlctlo; thereof ahall be punished by a fine of not less tban one hundre. dollars nor -are than «eRe» thousand dollars,**~or** b: Imprisonment In the county jail for not more than one year, for eacl 8eparate violation. Each and every such violation shall be a**sepa~** 

# 1 and distinct offense. 14 provilloni of tbls section shall be sUbject to review by the 15 pollution control hearings board In accordance with chapter 43.218 18 RCW.

Ind RCW 70.105.090 Ire elch amended to reid as follows: procedure and rules of evidence shall be the same as an ordinary Clyll actJon e.cept aa otherwise In this chapter provided. (4) If the amount of any penalty Is not paid to the department of ecolosy within tblrty days after It becomes due and payable. the attorney aeneral, upon the request of the director, shall bring an Ictlon In the name of the state of Washlnaton In the superior court of Thurston county, or of any county In which such violator may do ordel perloc

..II 01

either by registered mall or personally to the department. Upor receiving a request for s hesrlng, the department shall promptll conduct a public hearing to consider testimony and new Informatlor regarding the order. The department may, at It. discretion, eltber modify the order or maintain It unchanged. The order .hall becoaH effective Immediately atter the department relcbea I tlnll decl.lon, provision of this chapter, the department may Issue an requlrlna compliance either Immediately or within a specified of time. The order shall be delivered by realstered personally to the person agslnst whom the order Is directed. 

### (2) Any person who falls to take corrective action as speclfle, In a compliance order shall be liable for a civil penalty of not 

### -ar' than ten thousand dollars for each day of continued noncompliance In addition, the department may suspend or revoke any permits ·1/01 

### ! certificates Issued under. the provisions of thl8 chapter to a**~~raol** who fal18 to comply with sn order directed against him. (3) Any order shall become rlnal unles8, no later than thlrtl days after the order 18 8erved, the per80n or persons named In th. order request a public hearing. The request shsll be dellverel (I) Whenever on the basis on any Infor
..tlon the depart-en determines that a person has violated or Is about to violate an:

35 38 29 30 31 32 33 34 27 28 24 25 26 19 20 21 

### 22 23 16 17 18 14 NEW SECTION. Sec. 4. There Is added to chapter 70.105 RCW a nel 15 section to read as follows which shall be codified as RCW 70.105.095

### ~~\d**'IL~1**

# "I"~ l.

..**;~** 

# "

In all such actions, the

Section 9. chapter 101, laws of 1975·'76 2nd e•. leSa. Sec. 3. business, to recover such penalty. (3) Any penalty Imposed by this section shall become due and payable tblrty days after receipt of a notice ImpONlng the same unless application for remission or mitigation Is made or petition for review by the hearings board Is (I led. When such an application tor reelsslon or .Itlgltlon Is made, any penalty Incurred pursuant to tbll section shall become due and payable thirty days after receipt of notice letting forth the disposition of such application. Any penllty resultJna from a decision of the hearings board shall become due and payable tblrty days after receipt of the notice setting forth the declalon, 17 18 18 20 21 22 23 24 25 26 27 28 28 30 31 32 33

35 36 34

SHB 64 -2· ·3· SHB 612 co-pilance date. (i) Any person directly arrected by a .conpllance order or by any 3 unless the department modlt.:. the order to speclry another 

# r-

,

# , 4 decision or the department ·rellardlllil a cOlllpllance order
..y appeal 5 the order or decision to the pollution control hearlnllS board In 6 accordance with chapter 43.2111 ROL
7 N1:lf**SECTI~.** Sec. 5. It any provision or this act or Ita 8 application to any person or clrcwa"tallce Is held Invalid, the 9 re-alnder or the act or the application or the provision to other " 10 perlona or**clrc~st.nce.** Is not .Hected.

# ~/;;y 11"'"

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P•••**~d 'h~** **~r".tr** Aprtl 14. 1983.

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SUB 64 ·4·DEAN R. FOliTER, Clue' ('!c,• 

# .... CERTIFICATION



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I. Oran H FO.cH, Chltl Clull uf**Ih~** Hou •• of HrprrunttJhvt'1 ul II,,: S'a',. vI WcuhJ""o". do Itcnby ('''''I/) lhut**,~** OUQ4:h,d. w**'tVl)I~d** Sub-tat,
.., HOUKBtU No 712 o. po.ud b) Ih, Houu 01**Rt'prt"'nlOI~'** and lht'**~rwu,** Oft 1M dol•• hcnon

# M' 'Mh. N.Y"

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.. No). 2.0
.. M4y 22.**J~83** CERTIt"lCATION OF ENROllED ENACTMENT
SUBSTITUTE HOUSE BILL NO

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Hay 24, 1983: The House concurred in the Senate amendments and passed the bill as amended by the Senate. Yeas..1L Nays_4_ _d lIN H..-**".~.Y**

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# "'"""'" )**SUBSTITUT~** 

### JSE BILL NO. 712 State of Washington 48th Legislature 1983 Regular**Ses~io~** 

### by Committee on Ways 

### &Means (originally sponsored by Representativeti Wang, Grimm, Kaiser, Ellis, J. King, Garrett, Lux, Rust, B. Williams, Fisher, Isaacson and Charnley)

Read first time April 13, 1983 and passed to Committee on Rules for second reading. AN ACT Relating to hazardous wastes; adding a new cbapter t( 2 Title 70 RCW; creating a new section; prescribing penalties; makini 3 appropriations; 4 emergency. providing effecti ve dates; and declarlna a,

5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OFWASHINGTON: 

## )

\1; 

## \ j 6 NEW SECTION. Sec. I., (I) It 

### is the policy of tbe state 01 

### 7 Washington to protect the public health and welfare of all itl 8 citizens against the dangers arising from the generation, transport 9 treatment, storage, and disposal of hazardous wastes and**fr~** 

### 10 releases of hazardous substances. In order to reach tbat**polir.~** 

### II objective, it is not only necessary to provide state government wltl 12 broad powers of regulation, control, and removal of tbese bazardoul 13 wastes and substances, including the power to fashion and effectuat. 14 remedial directives. but it is imperative that adequate funds ar, 15 also provided to carry out these powers in a vigorous manner. In tb, 16 implementation of the provisions of this cbapter, tbe state shall 17 wben appropriate, cooperate wi th and support federal agenc;' ) il 18 their implementation of counterpart federal bazardous waste an, 19 substances programs, while pursuing independent state action, 

### '\' I

### \~ 20 whenever it appears they will provide more efficient or effectiv, 21 alternative programs to achieve the policies and purposes of tbi, 22 chapter. 23 (2) The purposes of this chapter are, among otbers: (a) T, 24 supplement the powers already vested in the department of ecolog. 25 relating to bazardous wastes and to releases of substances wbicb ar 26 hazardous to tbe environment or public bealtb, (b) to provide money 27 necessary for tbe full, sufficient, and efficient implementation 0 

### 28 the bazardous waste and substances regulation' control and**re~va** 

### 29 program of tbe state, (c) to encouraae reduction of bazardous waste ·1· 

### SUB 71through recycling and improvement of manufacturing processes. (d) Sec. I 

# ,1

to 

# o**.t~** 

### , 

## ) right of way will Sec. J be considered a single identified site If the
"

9 within the state, and (f) to provide funds for matching purposes for 10 participation in the federal Comprehensive Environmental Response. 11 Compensation and Liability Act of 1980.

2 provide for the cleanup and restoration of those sites within the 3 state at which improper disposal of hazardous waste has occurred. 4 resulting in the potential for deleterious impacts on the health and 5 welfare of the citizens of the state, as well as on the state's 6 natural. environmental, and biological systems, (e) to provide for

19 waste or first causes a hazardous waste to become SUbject to 20 regulation.

4 elimination assessment fee imposed under section 3 of this act and 5 the fee for treatment. storage. and disposal facilities imposed under 6 section 4 of this act; and

value



# I: ) control

by reason of the means the

royalties. waste

rents. a business calendar year a of

discount. during Income" gross

Interest. accr-utng (8) "Annual (7) ·Fee" means the annual hazardous

proceeding or

indebtedness. commissions. dividends. and other emoluments however designated. all without any deduction on account of the cost of tangible property sold. the cost of materials used. labor costs. interest, discount, delivery costs. taxes. or any other expense whatsoever paid or accrued and without any deduction on account of losses; and (9) "Generate" means any act or process which produces hazardous 3

7 8 2 person controls the right of way and can prevent public access;

18 9 transaction of the business or service engaged In and includes gross 10 proceeds of sales. compensation for the rendition of services. gains 11 realized from trading in stocks. bonds. or other evidences of 12 13 14 15 16 17 

# ,j 

# o

(2) ·Department· means the department of ecology; funding to study, plan, and undertake the rehabilitation. removal. and cleanup of hazardous waste deposited improperly at sites located

NEW SECTION. Sec. 2. As used in this chapter. the following terms have the meanings indicated unless the context clearly requires otherwise. (I) ·Dangerous waste· shall have the same definition as set forth in RCW 70.105.010(5) and shall specifically include those wastes designated as dangerous by rules adopted pursuant to chapter 70.105 RCW; 7 8

12 13 14 15 16 17 18 19

27 company. partnership, association. state. public or private or 28 municipal corporation, commission. political subdivision of a state. 29 interstate body. the federal government including any agency or 20 (3) ·Extremely hazardous waste" shall have the same definition as 21 set forth in RCW 70.105.010(6) and shall specifically include those 22 wastes designated as extremely hazardous by rules adopted pursuant to 23 chapter 70.105 RCW; 24 (4) ·Hazardous waste" means and includes all dangerous and 25 extremely hazardous wastes;

28 (a) Exploring for. extracting, beneficiating. processing. or 29 selling metallic or nonmetallic minerals; 22 taxes. there is hereby imposed and the department of revenue shall 23 collect an annual fee from every person identified b) the department 24 of ecology for the privilege of utilizing or operating an identified 25 site. other than as described in section 4(1) of this act,· ) 26 connection with any of the following business activities within tbls 27 state: NEW SECTION. Sec. 3. (I) In addition to all other fees and 21 

# -. /



# v \rJ ad

(5) ·Person" means an individual, trust. firm, joint stock 26

31 organization; 30 officer thereof. and any Indian tribe or authorized tribal 30 31 (b) Exploring for. extracting, processing, or selling coal; (c) Producing. distributing, or selling electricity; 32 (6) "Identified site" means the same or geographically contiguous 32

. (d) Industrial or nonresidential contracting or heavy 33 property, which may be divided by a public or private right of way. provided that access between the properties occurs at an intersection Noncontiguous properties owned by the same person but connected by a SHB 712 ·2· 33 construction;

SKB 712 ·3· (e) Painting or sandblasting; (f) Producing, processing. or selling rubber or plastics; (g) Producing. processina, or selling glass. cement, or concrete; 34 35 36 opposed to goes along. the right of way. as crosses. and 'i5 36 .3'!(h) Cutting, milling, producing, preparing. or seiling lumber 2 wood products, including wooden furniture or fixtures; 2 subsection (1) of this section, engaged at any time in the business activities listed in Sec. 3 

# ()

or 

# c -. person has -.. Sec, 3

The amount of the fee 

### ror" an 3 4 5 (i) Producing. preparing. or selling paper or allied products; (j) Printing or publishing; (k) Synthesizing, producing, processing. preparing, or seiling 3 identified site shall be graduated by reference to the annual gross 4 income of the business apportioned to the site as**provid~,** In 5 subsection (3) of this section in aCCordance with the following 6 chemicals or allied products; 6 schedule:

8 distributing, or selling petroleum or gas; 9 (m) Fabricating rubber or plastic products; 8 a fee of not more than one hundred fifty dollars: 9 (b) For annual gross income in excess of one million dollars but 7 ( I ) Exploring for. extr a ct ing , producing, processing, 

# (') 

# 'J 7 (a) For annual gross income not in excess of one million dollurs,

11 metals; 10 (n) Beneficiating, processing, or selling primary or secondary 10 not exceeding ten million dollars, a fee of not more than sever, II hundred fifty dollars; 12 13 (0) Fabricating metal fixtures; products, Including metal furniture or 12 13 (c) For annual gross income in excess of ten million fee of not more than seven thousand five hundred dollars.**dOll~i)** 8
14 (p) Fabricating. constructing, preparing. installing, or seiling 14 The department of ecology shal'l further graduate tbe fees sel 15 machinery or supplies;

19 equipment; 17 electrical or electronic equipment. machinery, or supplies; 16
18 (q) Fabricating, constructing. installing. preparmg, or selling (r) Fabricating, producing. preparing. or selling transportation 15 forth In (a). (b), and (c) of this subsection in accordance witt 16 criteria InclUding but not limited to the quantity of hazardous**was~E** 17 generated and the health and environmental risks' associated with thE 18 waste. The department of ecology shall publish by rule a scbedule 01 19 these graduated fees.
21 business shall mean gross proceeds of sales as defined In RCl 22 82.04.070 or gross income of the business as defined In RCl (3) For purposes of this section. annual gross income of thl 20 21 22 23 (s) TranspOrting by railroad, motor vehicle, or water vessel; (t) Telephone communication; (u) Drycleanlng, photofinishing. or furniture refinishing; (v) Transferring, treating. storing. or disposing of solid,

# " l.J 20

23 82.04.080; and shall mean gross income. as defined In RCl

36 June 30 of the year next succeeding the calendar year In which a 24 dangerous, or extremely hazardous wastes; and 25 (w) Repairing or servicing motor vehicles, railroad equipment. or 26 water vessels.
28 Identified site. the department of ecology shall consider the major 29 purpose of the activity or activities occurring at the Identified 30 site. Under this section, each identified Site shall be required to 31 pay only one fee annually, but no fee shall be assessed on any person 32 at an Identified site engaged solely In making retail sales as 33 defined In RCW 82.04.050. except for those Identified sites which 34 generate hazardous waste. (2) The fee Imposed by this section shall be due and payable on The total annu.: rendering services taxable under HeW H2.04.290 and maintaining place: of business within and without this state shall be apporti( ) II 27 accordance with the provisions of HCW**ij2.U~.~60.** 25 26 24 82.16.010(13). Annual gross Income of the business of a persor

28 gross Income of the business taxable in this state under chapter: 29 82.04 and 82.16 RCW shall be apportioned equally by the department 01 30 ecology among the identified sites utilized by such business In thl, 31 state without regard to the amount or nature of tbe use: PROVIDED 32 That the person subject to the fee may request, and tbe department 0: 33 ecology sball grant, apportionment among identified sites utilized II 34 tbls state according to each site's share of annual gross Income 0 35 the business apportioned to this state. The person SUbject to th, 36 fee shall bear tbe burden of supporting the allocation among site: 

# \uI 

# ., particular business activity at an the determining When 27

35

SHB 712 

### ·4· ·5· SBB 71Sec. 3 

# - - Sec.' 4

2 3 4 with appropriate data as reasonably requested by the department of ecology. (4) If an identified site does not generate hazardous wastes regulated by chapter 70.105 HCW, the person owning or controlling the 2 3 4 to be greater or less than that reported to the department of**rev~nue** for the year in question, the department of revenue shall, if necessary, recompute the fee due and shall refund or assess the outstanding balance, as the case may be. 5 site is exempt from the fee imposed by this section.

10 dollars annually to the hazardous waste control and elimination

20 wastes generated primarily from the combustion of coal or other 21 fossil fuels, until at least six months after the date of submission 22 of the study required by section 8002 of the federal resource 23 conservation and recovery act. Sec. 4. (I> Every person who operates a facility

risks of detrimental impacts associated therewith; and (b) In relation to these annual fees, the department is empowered to NEW SECTION.

(3) The department of ecology Is required to increase or decrease the fees of subsection (1) of this section and the limitation on total payment of subsection (2) of this section, by five percent on the setting of a fee schedule pertaining to these classes with those

(2) Notwithstanding the provisions of section 3 (I) through**(~)** of this act or this section, no person who operates a combined Identified site and hazardous waste treatment. storage, or disposal The department shall prepare a list of all such hazardous waste facilities and the fee for each such facility or type of**facllit~** and shall provide a statement to each operator of a facility spec' 

# ".)08 wastes, that is subject to a permit issued under authority of**R~** 70.105.130 or section 6(4) of this act (inclUding a permit issued in satisfaction of the requirements of 42 U.S.C. section 6925 of the federal Resource Conservation and Recovery Act, as amended) shall. on or before September I, 1984, and on or before May 15 of each; ,ar : ) thereafter, pay to the state a fee relating to the operation orduch 5 6 for the purpose of treating, storing. or disposing of bazardous 7

15 adopt rules relating to: (a) Establishment of classes of facilities 16 subject to fees. taking Into account the size and type of facility

27 18

23

28 29 17 and tbe 13 treatment, storage, or disposal facilities.

24 25 26 the fee that· Is owed and the basis for the fee.

30 site shall be required to pay more than seven thousand five hundred 31 dollars annually to the hazardous waste control and elimination 32 account, 33 34 35 14 8 9 10 II 12

36 eacb occasion when tbe consumer price index of the United States 19 classes presenting a greater risk having a higher dollar amount than 20 those classes presenting a lesser risk: PROVIDED. That the annual 21 fee for any class shall not be greater than seven thousand five 22 hundred dollars. 

### ,,'."I!

### ~) 

# '-.) 

# i J



# I**~./** 

# r:

to addition In and this section for solid

If the annual gross Income of the business of any person (8) For purposes of this section "manlfacturer," "wholesaler," (7) Fees shall not be required under (5) Notwithstanding subseel Ion (I) or (2) of this section or

that the provisions of RCW 82.32.050 and 82.32.090 shall not be subject to the fee imposed under this section i8 finally determined applied. (6) The fees imposed by this section and the limitation on total payment of subr.ectlon (5) of this section shall be adjusted by five account. 6

34 35 36 31 other provisions in this chapter for the enforcement and collection 32 of fees due and owing under this section, the department of revenue 33 is authorized to apply the provisions of chapter 82.32 RCW, provided 24 7 section 4 of this act, no person who owns or operates a combined 8 identified site and hazardous waste treatment, storage or disposal 9 site shall be required to pay more than seven thousand five hundred

30 (9) In the administration of this section 19

25 ·retailer," and ·person engaging in service activities" shall have 26 the meaning attributed to such terms in chapter H2.04 HCW. "Business 27 activities" shall mean activities of any person subject to the fees 28 imposed in subsection (I) of this section engaging In business as 29 defined in chapters 82.04 and 82.16 RCW. 14 percent whenever the consumer price index of the United States 15 department of labol' Increases or decreases by a five percent 16 increment from the index figure in existence on January I, 19H3, and 17 such fee and limitation adjustments shall be published in rules by 18 the department of ecology. II 12 13



### SHB 712 ·6· ·7· SHB 712(4) The department is empowered to participate in and carry ou all programs of the federal Resource Conservation and Recovery 'Act 2 Sec. 4 department of labor increment from the 

# e increases or decreases by a five percent index figure as it existed on January I, 1983. 

# c ()
2 

# --- Sei;,

3 Each such fee and limitation Increase or decrease shall be set forth 4 in rules adopted by the department of ecology. 3 as amended. contemplate.1 for Implementation by a state under tbat BC 4 and may use funds in the hazardous waste control and**eliml~tlo** NEW SECTION. Sec. 5. All fees paid to the state as provided In 6 sections 3 and 4 of this act shall be placed In a hazardous waste 7 control and elimination account of the general fund, and subject to 8 legislative appr'opriatlon, be expended by the department of ecology 9 solely to carry out tbe powers set forth in section 6 of this act. 

# e (j 5 6 7 8 9 10 account In the implementation thereof. (5) The attorney general. at the request of the department. empowered to recover moneys expended by the department**tr~** th hazardous waste control and elimination account under autbority 0 this section when these funds were utilized to respond to a unpermitted spill or discharge or to control tbe release 0
funds in· the hazardous waste control and elimination account in the Implementation of the powers vested under RCW 70.105.020. 70.105.030. 70.105.080, 70.105.100. 70.105.120, and 70.105.130 and 70.105. (SS8 11 threatened release of hazardous substances or wastes. Recover

moneys may be initiated in the superior court of Thurston county 0 10 11 12 13 NEW SECTION. Sec. 6. (I) The department of ecology' may use 12 13 14 authorized by this section shall be from any controlling the material spilled or discharged. person own· ') 0 r J Actions to reCQve

14 4245. section 2 and 3) and subsections (3) and (4) of this section as 15 well as the administrative costs relating to the implementation of

betor, have no This section shall

Sec. 8. (I) The fees required by section 3(2) NEW SECTION. the board or a reviewing court. during any period of time when a review proceeding is pending 28 29 15 any county in which the hazardous waste site or activity is located 16 Moneys recovered under this section shall be paid Into tbe bazardou 17 waste control and elimination account.

27 set forth In a statement. as provided in section 8(1) of tbis act

32 30 applicability to the adoption of rules by the department pursuant to 31 section 4(1) of this act. 18 NEW SECTION. Sec. 7. Any person aggrieved by a determination 0 19 the department of ecology pertaining to the fee Imposed under sectio 20 3(1) of this act or to a specific fee contained In a statement issue. 21 under section 4(1) of this act may obtain review tbereof**~y** tb· 22 pollution control hearings board in the same manner as review may b 23 obtained of permits issued by the department pursuant to Rei 24 90.48.160. if a petition requesting review Is filed witb the 

### boar, 25 within thirty days of the day of service of the determinatio'

### .~ 0 26 the statement of fees due. There shall be no increase in an &mOUD' 

# u \.J 

# e



# .-

hazardous hazardous of cleanup Initiate or direct, (a) To coordlnale responses to hazardous substances accident and spill incidents; (b) To respond to, 29 substances, accidents and spills. and hazardous waste sites; 30 (c) To conduct or contract for professional technical data 31 gathering and analysis and damage assessment; and 32 (d) To conduct or contract for the removal of 26 27 28 21 act. 22 (3) In relation or addition to the powers set forth in this 23 section and any other provisions of this code, the department Is 24 empowered, with regard to the regulation, control. or removal of 25 hazardous substances and wastes. as follows: 16 subsection (2) of this section. 17 (2) The department is authorized to participate in and is 18 empowered to carry out all programs of the federal Comprehensive 19 Environmental Response, Compensation and Liability Act of 1980 20 contemplated for state participation or administration under that

33 substances and wastes where there has been or is a potential for 34 release. regardless of quantity or concentration, which could pose a 35 threat to public health or the environment. 33 4(1) of this act, when due and payable. shall bear interest at tb. 34 rate of nine percent per annum for each montb (or portion tbereot 35 that the fee Is not paid.
SHB712 -8- -9- SHB71;Sec. I

NEW SECTION. Sec. 14. Sections I through 9 of this act sbal constitute a new chapter in Title 70 RCW. revenue collected pursuant to sections I through 9 of this act, t the extent this revenue exceeds any legislative appropriation of th revenue to the department of ecology for purposes of section 1(2)(8 through (c) of this act to reimburse general fund expenditures fc cleanup and restoration of those sites pursuant to. section 1(2)(c through (f) of this act. 

# (


# .) The state treasurer is authorized •• / U6 Sec. 13. NEW SECTION. of revenue from the hazardous waste control and elimination aCdour in tbe general fund for the biennium ending June 30. 1985, the sum ( fifty·nine thousand eight hundred six dollars, or so much tberp,of I may be necessary, to administer the collection of fees as provided tbis act. NEW SECTION. Sec. 12. There is appropriated to tbe departmer of ecology from the general fund for the biennium endina June 3C 1985, the sum of four million three hundred thousand dollars, or much thereof as may be necessary, to administer the purposes c section 1(2)(d) through (f) of this act.

NEW SECTION. Sec. 15. (1) This act is necessary for th immediate preservation of the public peace. health and safety. th support of the state government and its existing public**Institut~ons** and shall take effect as follows: ) (a) The powers provided to the department of ecology relating t the adoption of rules under sections 3(2) and 4(1) of this act sbal take effect immediately; and (b) The remainder of this act shall take effect on July 1. 1983. (2) The annual fee due and payable under section 3 of tbis sct 0 June 30. 1984. shall, following computation of the annual gros income of the business for the calendar year 1983. be prorated fo the period july I, 1983. through December 31, 1983. 2 3

5 4

20 21 18 19 11 12 13 14 15 16 17 6 7 8 9 10

22 23 24 25 26 27 28 29 30 31 

## , 

# )

",

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# n**~)** 

# () ('I Sec. 8

29 NEW SECTION. Sec. 10. There is appropriated to the department 30 of ecology from the hazardous waste control and elimination account 31 in the general fund for the biennium ending June 30. 1985.**~he** sum of 32 one million four hundred sixty-four thousand dollars. or so. much 33 tbereof as may be necessary. to administer the purposes of section 34 1(2)(a) through 

### (c) of this act. (2) The department of ecology may levy civil penalties in the 2 amount of up to five hundred dollars for each day fees and interest 3 due and owing under section 4 or 8(1) of this act are unpaid. The 4 procedures relating to levying and collection of penalties set forth 5 in RCW 90.48.144 shall be applied to penalties levied under this 6 section. Moneys collected under this subsection shall be placed in 7 the hazardous wsste control and elimination account. 8 (3) The attorney general is authorized to initiate auch actions 9 in the courts a8 are necessary and appropriate to insure compliance 10 with the provisions of this chapter. 11 NEW SECTION. Sec. 9. (1) If any provision of this chapter or a 12 portion thereof or its application to any person or legal entity or 13 circumstances is held invalid, the remainder of the chapter. or the 14 application of the provision or a portion thereof to other persons or 15 legal entitles or circumstances, shall not be affected. 16 (2) This chapter is exempted from the rule of strict 17 construction, and it shall be liberally construed to give full effect 18 to the objectives and purposes for which it was enacted. 19 (3) Nothing in this chapter relates to radioactive wastes. 20 bowever characterized. and the department is precluded from using the 21 funds of the hazardous waste control and elimination account for the 22 regulation and control of such wastes. 23 

### (4) Consistent with subsection (2) of this section and taking 24 into account the ambiguities of federal law relating to possible 25 preemption of exercise of powers provided to the department in this 26 cbapter. the department shall implement this chapter. to the maximum 27 extent reasonably attainable. to insure that no conflict with those 28 preemptive aspects takes place.

35 NEW SECTION. SHB 712 Sec. 11. There is appropriated to the department ·10· ·11· 

### SUB 712

3 Sec. 15 

# o

Passed

## ~jH{use Hay 24. 1983.

# fvu.~,M:: 

# o \

4 Passed tile Senate Hay 22. 1983.

# ~(l~~ President of the Senate. 

# r:



# " I " ,

# , r,:. ,.



## '>

SHB 712 ·12· 

# " \,J

### .'. .

# -,**.~** 

### .


## other applicable statute. The state will be kept fully informed of all further actions to be taken. Before initiating enforcement action EPA will provide notice required by section 3008 (a)(2). and in addition will confer or meet with the state to discuss the situation before initiating the action, except in instances representing imminent hazard. The state agrees to take the enforcement lead**~ith** 

## appropriatE enforcement action against persons in violation of any state dangerous**~aste ~egulations,**  

## including but not limited to violations detected by state or Federal inspections. The state will**~aintain** 

## procedures for receiving and ensuring proper consideration of information about violations submitted by the public. Appropriate state enforcement response may include, but is not**li~ited** 

## to, warning letters for any violation followed by timely initiation and prosecution of enforcement proceedings which may be, as determined on a case-by-case basis, administrative or judicial in nature, or other administrative remedies as prescribed by state laws. F. Specific State Program Implementation Agreements 1. Interstate Shipments Under provisions of "'AC 173-303-141, the State agrees to require generators located in Washington shipping dangerous**~aste** 

## to another state to deiignate as receiving facilities only those facilities which are approved in that state under an authorized state program or by 

## EPA (in unauthorized states). The State also agrees that upon receipt of a manifest exception report from a generator located in Washington, the State**~ill** 

## inform EPA or the appropriate state agency (in authorized states) where the designated facility is located. 2. Liability Insurance Requirements for Permitted facilities In applying the provisions of hAC 173-303-620(8), the State v

### i 

## l I require sueden and non-sudden insuraPoce coverage identical to the requirements promulgated by EPA at 40 CFR 264.147 issued on April 1982. 3. Public Kotice Procedures

- Permitting , c.



### - - 

## ,

For major and**n0n-~2j~r ~c~** **per~itting** 

## under**t~~** 

## 2uthorizec**p~2;,am,** 

## the state agreES to provide both**ne~s03per** 

## and radio broadcast notices to the public as specified in \·:AC l73-303-840(3)(d)(ii) and (iii). 4. Public Participation In The Enforcement Process The departDent will not oppose intervention in civil**enforcene~t** 

## IToceedings when intervention is requested under civil rule 24 for Superior Court.



## -R-

### STATEMENT OF PURPOSE Interested persons may submit data. views. or arguments to this agency in writing to be received by this agency before May 3. 1983. 

# ) r-.

. ,-W.shin2ton SI:.

### Rt:~i~ter. issue 

### 83-07 (2) Cattle from a tuberculosis quarantined herd shall not be sold or offered for sale except for immediate slaughter. RnM"**IIOt~:** RCW 34.04.058 requires the use of underlining and deletion marks to indicate amendments to exisling rules. The rule published above varies from its predecessor in certain respects not indiated by the uscofthese markings. '."

## -, -:

### .



### Dated: By: WSR 

### 83-07-032

March 14. 

### 1983 Gayle Rothrock Chairman



# )



# ) WSR 

### 83-07-030 ATTOR,,[\, Gf.:\ERAL OPI'to,



### Cite as: 

### AGO 

### 1983 1\0. 

### 2 (March 14, 1983j 

### CITIES-COV-..TII:s--PLRUe 

### Hoi.sivc ALTIIORITII:SAI'I'UCA811.1TY OF STAn PRl:\'AJI.IMj WAGE LAW 

### The construction. alteration. repair or improvement (other than ordinary maintenance) of low income housing facilities by a public housing authority established pursuant to chapter 35.82 RCW constitutes a public work which is subject to the provisions of the state prevailing wage law (chapter 39.12 RCW) where it is paid for with state or municipal funds or where. in any event. it gives rise to a lien or charge, on the part of the contractor or others involved, against the property of the housing authority. Requested by: Honorable Sam 

### Kinvillc Director Department of Labor and Industries General Administration Building Olympia, Washington 98504

WSR 

### 83-07-031
. PROPOSEO RL'LES 

### POLLlJTlO-"; CO:\TROL HEARI:\GS BOARD

(Filed March IS, 1983) 

### Notice is hereby given in accordance with the provisions of RCW 34.04.025, that the Pollution Control Hearings Board intends to adopt. amend. or repeal rules concerning review proceedings before the board pertaining to permits issued under chapter 173-303 WAC; that the agency will at 10:00 a.m .. Tuesday, May 3, 1983, in the Board's Office, Building 2, Rowcsix, 4224 6th Avenue S.E .. Lacey. WA 98504. conduct a public hearing on the proposed rules.

The adoption, amendment. or repeal of the rules will take place immediately following the hearing.

The authority under which these rules are proposed is RCW 43.21 B.170.

The specific statute these rules are intended to implement ischapter 43.21 B RCW. Title: Adoption of new rule relating to practice and procedure before the Pollution Control Hearings Board. Description of Purpose: To adopt by rule the method for disposition of permits issued under chapter 173-303 WAC ifdetermined to be invalid in any respect. Statutory Authority: RCW 43.21 B.170. Summary of Rule. The rule provides that permits appealed to the board which are found invalid in any respect be returned to the Department or Ecology. 

### Reasons Supporting Proposed Action: To define by rule a procedure for the board to dispose of appeals to assure that the permit ultimately issued can be reviewed for compliance with federal and state law. 

### Agency Personnel Responsible for Drafting, Implementation and Enforcement: David Akana. Pollution Control Hearings Board, \1S: PY-2I, Olympia, WA 98504. (206) 459-6327. Person or Organization Proposing Rule. and Whether Public. Private or Governmental: Pollution Control Hearings Board. state government. 

### Agency Comments or Recommendations Regarding Statutory Language. Implementation, Enforcement. Fiscal Mailers: None. Whether Rule is Necessary as a Result of Federal Law or Federal or State Court Action: No.

Small Business Economic Impact Statement: The anticipated economic impact on small business is negligible. NEW SECTION

WAC 371-Q8-2SS REVIEW OF PERMITS ISSUED U,"DER CHAPTER 173-303 WAC. (I), The provisions of this section shall apply only to review proceedings before the Department of Ecology under chapter 173-303 WAC.

(2) In the event that the board determines that a permit issued by the Department of Ecology under chapter 173-J03 is invalid in any respect, the board shall issue an order remanding the permit 10 the Department of Ecology for reconsideration and appropriate action consistent with the provisions of said order and federal and state law.



### WSR 

### 83-07-032 ADOPTED Rl·Lf.5 

### DEPARTME:\T 

### Of R[\,El\VE [Order ET 83-iS-Filed March 15,1983)**n'~'1;lid** 

### R. Burrows. director of the Department of
" ':
..ie, do promulgate and adopt at Olympia.

.. ·...ion. 

### the annexed rules relating to chapter 458-

.....C. 

### Those sections adopted are as follows: WAC

:,-100. 

### 458-20-101, 458-20-134, 458-20-136.

..:;··145. 

### 458-20-146. 458-20-151, 458-20-167, .; I**~~ ~.**  

### 458- 20-186. 458-20-1880I, 458-2Q,-196
.

. ""
..' I**'?~).** 

### 458-20-199, 458-20-224 and 458-20-235.