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~FFICE OF THE ATTORNt{ GENERAL ~~?YV\... KenEikenberry, Attorney General nfl .~/L •

Temple of Justice, Olympia, washington 98504 ~"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 ATTORNEY GENERAL';';

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 OF THE ATTORNEY GENERAL

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 OF THE ATTORNEY GENERAL-,-

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~~~: -lU1[{(/tc-a~.6' Charles K. Douthwaite

Assistant Attorney General

CKD:sc

Attachments
ENGKOSSW 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 Conmi t t ee 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.EG ISI.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

(1) Complete authority to es t ab l ish and administer a

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

part ic ipat ion

oi I

federal act. over

natural resources

administer

subject -ma t rer.

The drparlmentS of social ~nd

rr-s our ce 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 i ve da t r- of this act, "ontpmplated for state

and the oi I

4

6

22

7 the department of s oc r a l and health services. and t he oil and gas

8 conse r va t ion commi t tee a r e au t nori zr-d to part i c i pa t e fully in and are

5 section to read as follOWS:

3 that act.

19

18 which the said departments and commi t

21 conse rvs 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) e t . seq.). as it ex i s t s 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-u t of mouoys , whether in t hroperation.

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.

department of ecology is also

If any provision of this act or its

5. Th('

person or cir("umstance is hel~ invalid, the

act or the appl i ca t ion 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 implementat --------------- ion of a sole source aqu i fer pror~cTIl)" Pi ogr1im.

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

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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,....,. "'" H .l.tt.bI:IIA..O:-B..a- __":',•.13

CHAPTER NO _ .._.

SUBSTITUTE HOUSE BIll NO.......fiL. ..._

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April 19. 198),

The BOU8e concurred in

the Senate amendment.

and pas.ed the bill a. amended by the Senate.

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State or Wasblnaton 48t aillature 1983 Relular Sesalo~

•f'.'~ . , ..-.

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 conduct Ina 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

Sec. 3. Section 9. chapter 101, laws of 1975·'76 2nd e •. leSa.

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 61
2 co-pi lance date.

3 (i) Any person directly arrected by a .conpllance order or by any

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.

~/;;y11"'" i~~.

P ••• ~d 'h~ ~r".tr Aprtl 14. 1983.

~q~fr;~

•

•

.,

'f

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

....

CERTIFICATION

C ,1

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. 19,1U

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,.., HOUK BtU

No 712 o. po.ud b) Ih, Houu 01

Rt'prt"'nlOI~' and lht' ~rwu, Oft 1M dol •• hcnon M' 'Mh.

N.Y" ....L ..

No). 2.0..

M4y 22. J~83

CERTIt"lCATION OF ENROllED ENACTMENT

SUBSTITUTE HOUSE BILL NO.... 0..<...

v H ..

CHAPTER NO.

1~ ()\: \ '.'f\S HI' , ._'\~ \b /-;~I'\II>. .\(... ~JI' / ,...", ". . J \ . . ,~ .. 1,,"·1 / ,. .f>o "'-. I

.~,. ~1'''='1?-~ ...§. .. ..........::,: '// - . • lUll" .'

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 .. 7•

:s·a::.el~~e·'tfRlJU

V 1.L .

Jllt:

~J!~''oj

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P:"~,~X:¥J=:'i%!:&:::::;'~:;;:;J1(~~ ~.~ . ~:; 1'111: I ~.I. h I 11'/ ':: \ " ... 01". I( I:

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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 effect i ve dates; and declarlna a,

5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: )

\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 act ion,

'\' 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 71
through 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

a calendar year

of

discount.

during

gross Income"

Interest.

accr-ut ng

(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

o ,j

(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:

21 NEW SECTION. Sec. 3. (I) In addition to all other fees and -. /

\rJ v

ad

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

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;

·3· SKB 712

(e) Painting or sandblasting;

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

(g) Producing. processina, or selling glass. cement, or concrete;

34

35

36

and crosses. as opposed to goes along. the right of way. '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. ext r a c t i ng , 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. pr eparmg , 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

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

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 .,

27 When determining the particular business activity at an

35

SHB 712 ·4· ·5· SBB 71
Sec. 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 s t a t ement 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.

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and In addition to

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

increases

eor 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,

This section shall have no

NEW SECTION. Sec. 8. (I) The fees required by section 3(2)

the board or a reviewing court.

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

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

e \.J

.-

hazardous

direct, or Initiate cleanup of hazardous

(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- SHB 71;
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.

( .) NEW SECTION. Sec. 13. The state treasurer is authorized •• / U6

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

, )

",..J

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()

('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 71
2

3

Sec. 15 o

Passed ~jH{use Hay 24. 1983.

fvu.~,M::

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4

Passed tile Senate Hay 22. 1983.

~(l~~ President of the Senate.

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SHB 712 ·12·

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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 usc of these 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--PL RUe Hoi.sivc A LTIIORITII: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 is chapter 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 if determined 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. 458-20-1880 I, 458-2Q,-196.

. "" ..' I '?~). 458-20-199, 458-20-224 and 458-20-235.