• Chapter 43.21 B RCW 

ENVIRONMENTAL HEARINGS OFFICE--POLLUTIO.N 

CONTROL HEA~INGS BOARD OF THE STATE
 

SCl.:lillnS 

43.21 B.OOS 

43.118.010 

4'3.21 B.020 

43.21 B.030 

43.218.040 

43.218.050 

43.218.0bO 

43.21 B.080·· 

43.21 B.090 . 

43.21 B.IOO 

43.2IB.II0 

• 

43.21 B.120 . 

4J.21B.130 

43'.218.140 

43.2IB.150 

43.21 U.160 

43.218.170 

43.21 B.180· .... 

43.2IB.190 

43.21 B.200 

43.218.220 

43.21 B.230 

4.1.218'.240 

4.\.2 113.150 

43.2'1:13.260 

43.21 B.900 

Environmental hearings office created-·Composition--Chief executive officer--Staff support. 

Pollution control hearings board created--Purpose. 

Members--Qualifications--Appointment. 

Members--Terms--Filling vacancies. term. 

Removal of member. procedure--As disqualification for reappointment. 

Governor to determine basis for operation--Compcnsation if part time basis. limitation--·Reimbursemcnt of travel expenses. 

Restrictions upon conduct while member and uPon 

termination of membership. 

Chairman. biennial election of. 

Principal office--Quorum--Hcarings by one or 

more members--Hearing examiners--Board 

powers and duties. 

Board to make findings of fact and written decisions 

on each case considered--Effective upon signing 

and filing--Public information. 

Board jurisdiction--Issuance. modification. terminalion of permits. licenses. as order--Application 

of administrative procedure act. 

Board hearing authority exclusive--E>.ception-·­

Others' orders final unless appeal to oond. 

Administrative procedureacl to apply iO appeal of 

board rules and regulations--Scl)PC of board aelion on decisions and orders' of others. 

Formal or informal hearing. election of party taking 

OJ ppell I----Except ion. 

Informal hearings. board or hearing examiners' powers·_·····$taff assistance. limitation. 

Formal hearings. board or hearing examiners' powers---Staff assistance. limitation. 

Proceedings conducted in accordance with published 

board rules and ~egulations.

Judicial review--Director's right of review of pecisions pursuant to RCW 43.2IB.I 10. 

Judici<Jj review--Appcal from board's order-­

Procedure--When bonds required. 

Judicial revicw--Appeals to court of appeals pursuant to RCW 34.04.130(6)--Procedure-­

When bonds required. 

Staying of orders or decisions pending final determinations. existing law prevails. 

Appeal from notkes of denial or determination or order. proccdurc--Formal or informal hearing. 

when. 

Publi( hcarin~s of dcpartlllcni under administrative 

rfl)l~cdurc ad limited... 

Challcn~es hI \.·llnsisten\.~y or rules adopted pursuant 

Itl RCW 43.21 ('.1 10 and 4J.21 <..'.120· Procedun:--··· Finality. 

Rcgulations and amendments of activated air pollulion control authnrities----Filing with hearings 

board authori7.cd--Evidcnl.:e. 

Savings-'-Other powers and duties not aI'­

fccted--Permits. standards not affectcd--Severability·-Effective date--·-1970 basic act. 

RC\\' 43.218.005 Em'ironmental hearings office cre­

:dted-C'omposition--Chief executive officer-­

(1979I.aws) 

Staff support. There is created .In environmental hearings office of the state of Washington. The environmental hearings office shall consist of the pollution control' 

hearings board created in ReVV 43.21 B.OIO, the forest 

practices appeals board created in RCW 76.09.210, and 

the shorelincs hearings board created in RCW 90.58­

.170. The chairman of the pollution control. hearings 

board shall be the chief executive officer of the. environmental hearings office. Membership, powers, functions, 

and duties of the pollution. contll"ol hearings board, the 

forest practices appeals board. and the shorelines hearings board shall be as provided by law. 

The chief executive officer of the environmental hearings office may appoint. discharge, and fix the compensation of such staff as may be necessary or may contract 

for required services_ Employees of the environmental 

hearings office shall serve each board at the dire,ction of 

the chief executive officer of the environmental hearings 

office. [1979 1st ex.s. c 47 § 2.] 

!~ltent--1979 1st ex.s. c 47:, "it is the intent of the legislature to 

consolidate administrativciy the po.uutina control hearings board. the 

forcst practices appeals board. and t'h«: slboTelines hearings board into 

one agency of state government with mDmimurri disturbance to these 

boards. It is not the intent of the legislature in consolidating these 

boards 10 change the existing membership lOf these boards. 

All full-time employees of the pollutiOn control hearings board and 

the full time employee of the forest ptra£tuces appeals board shall be 

full-tim!: employees of the cnvi.ronmenllal bearings office without loss 

of righls. Property and Il1blig411iiOns of lll!besc boards and the shorelines 

hearings board shaH-be prope~ and obJiBations of the environmental 

hearings office: [1979 1st ex.s.... c 47 § L] 

RC\\' 43.21 B.O 10 PoUutiord control hearings board 

cr.eated--Purpose. There is. bereby created within the 

environmental hearings office a. pollution control hearings board of the state of \Vashington. 

The purpose of the pollution oontrol hearings board is 

to provide for a inore expeditio.us and efficient disposition of appcals with respect to the decisions and orders 

t)f thc department and director and with respect to all 

decisions or air pollulion con.u-ol bourds or authorities 

established pursuanl III chapter 70.94 RCW. [1979 1st 

ex.s. c 47 § 3; 1970 CX:.S- c 62 § 31.1 

Intent--1979 1st ex.s. t .c::Sec no1e following RCW 43.21 B.005. 

RCW 43.218.020 Members--Qualifications-­

Appointment. The hearings board shall consist of three 

members qualified by experience or training in pertinent 

matters pertaining to the environment, and at least one 

member of the hearings board shall have been admitted 

to practice law in this state and engaged in the legal 

profession at the time of his appointment. The hearings 

leh. 43.218 RCW-p 1] 

! 
i 

43.21 B.020 Environmental Hearings Office 

board shall be appointed by the governor. with the advicc 

and consent of the senate. and no more than two of 

whom at the timc of appointment or during thcir tcrm 

shall be members of the same political party. [1970 cX.s. 

c 62 § 32.] 

. RCW 43.21 B.030 Members--Terms--filling· 

vacancies," term. Members'of the hearings board shall be 

appointed for a term of six years and until their succcssors arc appointed and have qualified. In case of a vacancy. it shall bc filled by appointment by the governor 

for the unexpired portion of the term in which said vacancy"Occurs: Provided. That the terms of the first three 

members of the hearings board shall be staggercd so 

that one member shall be appointed to servc until July I. 

1972, one member until July I. 1974. and one meniber 

until July J, 1976, [1970 ex.s. c 62 § 33.] 

RCW 43.21 B.040 Removal of member, proc~

~ure--As disqualification for reappointment. Any 

member of the hea'rings board may be removed for inef­

.ficiency, malfeasance and misfeasance in. officc, under 

specific written charges filed by the governor. who shall 

transmit such written charges to the member accused 

and to the chief justiCe of the supreme court. The chief 

justice shall thereupon designate a tribunal composed of 

three judges of the superior court to hear and adjudicate 

the charges. Such tribunal shall fix the time of the 

hearing which shall be public, and the procedure for the 

hearing. and the decision. of such tribunal shall bc final 

and not subject to rcview by the supremc court. Removal 

of any member of the hearings board by thc tribunal 

shall disqualify such member for rcappointmcnt. [1970 

ex.s. c 62 § 34.] . 

. RCW 43.21 B.050 Governor:- to determine basis for 

operation-Compensation if part time basis, limitation-Reimbursement of travel expenses. The hearings. 

board shall operate on eithcr a part time or a full timc 

basis. as determined by thc governor. If it is dctcrmined 

thut the hcarings board shall opcrate on a full rime basis. each member of the hearings board shall receive an 

annual salary to be dctermined by the governor pursuant 

~o RCW. 43.03.040. If it is determined the hearings 

board shall operate on a part time basis, each member of. 

the heurings board shall receive compensation on the 

basis of seventy-five dollars for ea.ch day spent in perfo'rmance of his dutics but such compensation shall not 

exceed tcn thousand dollars in a fiscal year. Each hearings b.Qard member shall receive reimbursement for 

travel expenses incurred in the discharge of his duties in 

accordance with RCW 43.03.050 and 43.03.060 as now 

existing or hereafter amended. [1975-'76 2nd ex.s. c 34 

§ 101; 1970 ex.s. c 62 § 35.] 

Erfecthe date--Se~erabllity--1975-'762nd ex.S. c 34: See 

nOlesfollowing RCW 2.08.115. . 

lCh. 43,21 B RCW-p 2) 

RCW 43.218.060 Restrictions upon conduct while 

member and upon {ermination of membership~ Each 

membcr of the hearings board: (I) Shall not be a candidate for nor hold any other public office or trust. and 

shall not engage. in any occupation or business interfering with or inconsistcnt with his duty as a member of the 

hearings board, nor shall he serve on or undcr any committee of any political party~ and (2) shall not for a period of one year after the termination of his membership 

on the hearings board. act in a representative capacity 

bdore the hearings board on any matter. 11970 ex:s. C 

62 § 36.J 

RCW 43.21 B.mW Chairman. biennial election of. 

The hearings board shall as soon as practic41bk after the 

initial appointment of the members thereof. meet and 

cicci from among its. members a chairman, and shall at 

least biennially thereafter meet and elect such a chairman. [1970 ex.s. c 62 §, 3g.} 

RCW 43.21 B.090 Principal office---Quorum-' 

Hearings by one or more members--Hearing examiners--Board powers and duties. The principal office of 

the hearings board shall be at the state capitol, but it 

may sit or hold hearings at any other place in the statc. 

/\. majority of the hearings board shaH constitute a quorum for making orders or decisions, promulgating niles 

and r..gulations necessary for the conduct of its powers 

and duties, or transacting other official business. and 

may act though one position of the hearings board be 

vacant. One or more members may hold hearings and 

take testimony to be reported for action by the hearings 

board when authorized by rule or order of the hearings 

board. The board may also appoint as its authorized 

agents one or more hearing examiners to assist the board 

in the performance_of its hearing function pursuant to 

the authority contained in thc administrative procedure 

act, chapter 34.04 RCW as now or hereafter amended: 

Provided, That the findings of the hearing examiner 

shall not become final until they have been formalty approved by the board. The hCClrings board shall pcrform 

all the powers and duties specified in this chapter or as 

ot herwise provided by law. 11974- ex.s. c 69 § I; 1970 

cX.s. c 62 § 39.1 

RCW 43.21 B.I 00 Board tt) ma.ke findin~s of fact 

and written decisions on each case considered--Effective upon si~nin~ and filin~--Public information. 

The hearings board shall make findings of fact and pre­

.pare a writtcn decision in each case decided by it. and 

such findings and decisions shall be effective upon being 

signed by two or more members of the hearings board 

and. upon being filed at the hearings board's principal 

office. and shall be open for public inspection at all rcasona ble times. 11970 ex .s. C 62 40.1 

RCW 43.21 B.II 0 Board jurisdiction--Issuanl·c. 

modification, termination of permits.. licensl's, us order--Application of administrative procedure act. The 

( 1\)79 1.1Iws) 

cC
 

,(~

\\ . 
,.. E.",'ironml'l1tal I'eurinJ,:s (·)ffiee 43.218.160 

/' hc;trings bO;lrd sh:.t1l only have jurisdiction to hear and 

( decide appe:tls frolll the decisions of thedepartlllent and 

the director and the air pollution control boards or authorities as established pursuant to chapter 70.94 RCW • when such decisions concern matters within the jurisdiction of the hearings board as provided in "'this act or as 

provided in any future act or law granting the hearings 

board additional jurisdiction. The hearings board shall 

also have jurisdiction to hear and decide appeals from 

allY person aggrieved by an order issued by the department nr by air pollution control boards or authorities as 

established pursuant to chapter 70.94 RCW with respect 

to a violatil)n or violations of "'this act or of any rule or 

regulation adopted b)' the department or of any other 

law within the jurisdiction of the department. The issuance. modification. or termination of any permit or license by t he department in the exercise of its 

jurisdiction. including the issuance or termination of a 

waste disposal permit. the denial of an application for a 

waste disposal permit. or the modifica tion of the conditions or the terms ora waste disposal permit. shall be 

deemed to be an order for purposes of "'this act: Provided. That review of rules and regulations adopted by 

the board shall be subjec't to review in accordance with 

the provisions of the administrative procedure act, chapter 34.04 RCW. [1970 ex.s. c 62 § 41.]" 

eR<"ist'r's noll': "this act", see notes following RCW 43.2IA.0IO. 

• 

HC\V 4J.218.12U Board hl'arin~ auth.ority excluSiVl"--Exception--Others' orders final unless appeal 

to hoard. Notwithstanding any other provisions of law to 

'the contrary. the department and all air pollution control 

boards or authorities established pursuant to chapter 

70.94 RCW arc hereby prohibited from conducting 

hearings on violations of any rule or regulation made by 

the department or the director. 'on violations of "'this act, 

or on violations of any rule or regulation adopted by any 

air pullution control board or authority established pursuant to chapter 70.94 RCW, or on the issuance. modification. or termination of any permit or license. within 

the jurisdiction of the department. J\II petitions for 

hearings with respect to such violations shall bc heard by 

this hcaring board ncated in "'this ItJ70 act: Provided. 

Thai violations of any rule or regulation made by any air 

pollution cnntrol board or authority established pursuant 

(0 c1wpter 70.94 RC\V. may be heard by a hearings 

board l)f three members created by such board or au~

tlwrity pursuant to regulations promulgated by the 

hearings board crealed in "'this act. 

Any order issued by the department or by any air 

pollution cOlllrol board or authority established pursuant 

to chapter 70.94 RCW shJl1 become final unless, no 

later than (hirty days after the date that the notice and 

order :He served. the person aggrieved by the order appeals to the hearings board as provided for in "'this act. 

11970 ex.s. c 62 § 42.] 

·Rt>~ist'r's note: "this act" and "this 1970 act", see notes following 

RCW 43.2IA,OIO. . 

(I()N I.aws) 

He\\! 4J.2 JB.130 Administrative procedure act to 

apply to appeal of board rules and regulations--~-Scope

of bmud action on decisions and orders of others. The 

administrative procedure act, chapter 34.04 RCW, shall 

apply to the appeal of rules and regulations adopted by 

the board -to the same extent as it applied to the review 

of rules and regulations adopted by the directors and/or 

boards or commissions of the various departments whose 

powers, duties and functions arc tr::msfcrred by *this 

1tJ70 act to the department. AU other decisions and orders of the director and all decisions uf air pollution 

control boards or authoritics established pursuant to 

chapter 70.94 RCW shall be' subject to review by the 

hcarings board as provided in *this 1970 act. [1970 ex.s. 

c 62 § 43.] 

*R('\'ist'r's noll': "this 1970 act". see notes following RCW
 

43.2tA.010.
 

RCW 43.21 B.140 Formal or informal hearing, election of party taking a.ppeal--Exception. In all appeals 

over which the hearings board has jurisdiction under 

RCW 43.21 B.IIO and 43.218.)20, a party taking an 

appeal may elect either a formal or an informal hearing, 

such election to be made according to rules of practice 

and procedure to be promulgated by the hearings board: . 

Provided. That nothing herein shall be construed 10 

modify the provisions of RCW 43-2 lB. 190 and 43.2 JB­

.200. In the event that appeals arc taken from the same 

decision. order. or determination~as the case may be~ by. 

differcnt parties and only one of such parties elects a 

formal hearing, u formal hearing shall be granted. [1970 

ex.s. c 62 § 44.J . 

RC\V 43.21B.150 Informal hearings, board or hearing examiners' powers-Staff assistance, limitation. In 

all appeals involving an informal hearing, the hearings 

board or its hearing examiners shan have all powers relating to the administration of oaths, issuance of subpoenas. and taking of depositions as are granted to 

agencies by chapter 34.04 RCW_ In the case of appeals 

within the scope of *this 1970 act the hearings board or 

any member thereof tn.By obtain such assistance. including t he making of fidd investigations. from the stu ff of 

the director as the hearings board or any member 

thereof may deem necessary or appropriate: Provided, 

That any communication, oral or written, from the staff 

or the director to the hearings board or its hearing examiners shall be presented only in an open hearing. 

11974 ex.s. c 69 § 2~ 1970 ex.s. c 62 § 45.] 

-.Rt>vist>r's noll': "this 1970 act". see notes following RCW 

43.2IA.010. 

RC\\' 43.21 8.160 Formal hearings, board or hearing 

examiners' powers--Staff assiStance, limitation. In all 

appeals involving a formal hearing, the hearings board 

or its hearing examiners shal1 have all powcrs relating to 

administration of oaths. issuance of subpoenas, and taking of depositions as are granted to agencies in chapter 

34.04 RC\V~ and the hearings board. and each member 

leh. 43.218 RC\\'--p 3} 
43.2 18.160 Em'irnnmcntal Jleurin~~ Pfficc 

thereof. or ils hcaring examincrs. shall be subject to all 

duties imposed upon. and shall have all powers granted 

to. an agency by those provisions of chapter 34.04 RCW 

relating to contested cases. In the case of appeals within 

the scope of *this 1970 act. the hearings board, or any 

member thereof. may obtain such assistance. including 

the making of field investigations, from the staff of the 

director as the hearings board, or any member thereof, 

may deem necessary or appropriate: Provided, That any 

communication, oral or written, from the staff of the director to the hearings board or its hearing examiners, 

shall be prescnted only in an open hcaring. 11974 ex.s. c 

(1Y § 3; 1970 ex.s. c 62 § 46.1 

·Re"lser's nore: "this '1970 act·, see notes following RCW 

43.2JA.OIO. 

RCW 43.21 B.170 Pr()ceedin~s condul·ted in accordance with published board rules and re~ulations. All proceedings. including both formal and informal hearings, 

before the hearings board or any of its members shall be 

conducted in accordance with such rules of practice and 

procedure as the, hearings board may prescribe. The 

hearings board shall publish such rules and arrange for 

the reasonable distribution thereof. [1970 ex.s. c 62 § 

47.] 

RC\\' 43.218. 180 Judicial review--Director's 

ri~ht of review of decisions pursuant to RCW 43.2 IB­

.110. Judicial review of a decision of the he<;lrings board 

shall be de novo except when the decision 'has been 

rendered pursuant to a formal hearing elected under thc' 

provisions of "this 1970 act, in which event judicial review may be,obtained only pursuant to RCW 34.04.130 

and 34.04.140. The director shall have the same right of 

review from a decision made pursuant to RCW 43.21 B­

.110 as does any person. [1970 ex.s. c 62 § 48.] 

·Re"iser's note:' "this 1970 act", see notes following RCW 

43.2IA.OIO. 

RCW '43.218.190 Judicial review-'-Appeal from 

board's order--Procedure-When bonds required. 

Within thirty days after the final decision and order of 

the hearings board upon such an appeal has been communicated to the interested parties, or within thirty days 

after an appeal has been denied after an informal hearing, such interested party aggrieved by the decision and 

order of the hearings board may appeal to the superior 

court. In all uppeals involving a decision or an ordcr of 

the hearings' board after an informal hearing, the petition shall be filed in the superior court for the county of 

the petitioner's residence or principal place of business, 

Of in the absence of a residencc or principal place of 

business, for Thurston county. Such appeal may be perfected by filing with the clerk of the superior court a 

notice of appeal, and by serving a copy thereof by mail, 

or personally on the director, the air pollution control 

boards or authorities, established pursuant to chapter 

70.94 RCW or on the board as the case may be. The 

hearings board shall serve upon the appealing party, the 

IQt. 43.218 RCW-p 4) 

director, the air pollution control board or authorities 

established pursuant to -chapter 70.94 RCW,' or' the 

board, as the case may be, and on any other party appcaring at the hearings board's proceeding, and file with 

the clerk of the court before trIal, a ccrt!fied copy of the 

hearings b,oard's dccis'ion and order: Every appeal from a 

decision of the superior court shall go directly to the supreme court, notwithstanding RCW 2.06.030. No bond 

shall be required on appeals to, the superior court or on 

appeals to the supreme court unless specifically required 

by t he judge of the superior court. (1970 ex.s. c 62 § 

4Y.] . 

RCW 43.210.200 Judicia. rt"view--Appeals '0 

court of 1Jppeals pursuant h~ RC\V 34.04.130(6)--­

Procedure--\\'hen bonds required. Within thirty days 

;.tfter the final decision and order llf the hearings board 

upon such an appeal, has been communicatcd to the intercsted partics, or within tl,lirty ,d:tys afte~ an appeal has 

been dcnied after a formal hearing. such interested party 

aggrieved by the decision and order of the hearings 

board may appeal to the court of appeals pursuant to the 

provisions of RCW 34.04.130(6). Such appeal may be 

perfected by filing with the clerk of the court of appeals 

a notice of appeal, and by serving a copy thereof by 

mail, or personally on the directoT of the department, 

and on the board. The he:trings booid shall serve upon 

the appealing party, the director. :tnd any othcr party 

appearing at the hearings board's proceeding, and file 

with the clerk of the court before trial, a certified copy 

of t he hearings board's official n.-cord 'which shall indude the noticc of appeal and otber pleadings, testimony 

and exhibits, and the hearings board's decision and order 

which shall become the record in such case. No bond 

shall be required on appeals to the court of appeals or on 

appeals to the supreme court unless specifically required 

by the judge of the court of appeals. [1970 ex.S. c 62 § 

50·J 

RCW 43.21B.220 Staying of orders or decisions 

pending final determination~ existing 18'" prevails. No 

provision of this chapter shall be construed to change 

existing law relating to the sta-ying of orders or decisions 

pending final determination of any hearing or appeal 

taken in accordance with the provisions herein. [1970 

ex.s. c 62 § 52.] 

RCW 43.218.230 Appeal from notices of denial or 

determination or order, procedure--Formal or informal hearing. when. Any person having rcceivcd notice of 

a d~nial or a petition, a notice of detamin<Jtion, notice 

of or an order made by the department under the provisions of *this 1970 amendatory act may appeal, within 

thirty days from the date of the notice or such denial, 

order, or determination to the hc~rings board. The appeal,shall be perfected by serving a copy of the notice of 

appeal upon the department or air pollution authority 

established rursmint to chapter 70.94 RCW, as the case 

may be, within the timc spccified herein and by filing 

(1979 Laws) 
•• 

Environmental Ilcarings ~)ffice 43.218.900 

." 

lhe original Iherenr wilh proor of service with the clerk 

or Ihe hearings bo'lflJ. If the person intends that the 

hearing bd'nre the hearings bOJf(j be a formal one, the 

nOlice or tlppe:lI shtlll so sl:lte. In the event that the nolice of appeal does not so state, the heJring shall be an 

informal one: Provided, however, That nothing shJl1 

prevent the depJrtment or .the air pollution JUlhority, as 

the case may be, within ten days from the date of its receipt of the notice of appeal, from filing with the clerk of 

the hearings board nlHice of its intention that the hearing be u formJI one. [1970 ex.s. c 62 § 53.1 

-Reviser's nofe: "this 1970 amendatory act', sec notes following 

RCW 43.2IA.010. 

'RC\\, 43.218.24U Puhlic hearings of department und"r administrath'e procedure act limited. Notwithstanding any other powers, duties and functions transferred 

by the pnwisions of *this act, the department shull only 

have authority to hold public hearings, pursuant to the 

administrative procedure act, chapter 34.04 RCW, with 

respect to those mallers enumerated in sections of *this 

1970 amendatory act. [1970 ex.s. c 62 § 54.] 

-Re\'iser's note: "this act" and "this t 970 amendatory act', see notes 

following RCW 43.2tA.010. 

RCW 43.218.25U Challenges to consistency of rules 

adopted pursuant to R('\V 43.21C.110 and 43.21C­

.12U--Procedure--Finality. (I) All challenges in 

regard to the consistency of the rules adopted .pursuant 

to RCW·43.2IC.J20 and with the rules and guidelines 

~dllptl:d pursuant to RC\V. 43.21 C. J J 0 shull be initiated 

by filing u petition I'm review with the pollution control 

hearings board in accordance ~ith rules of practice and 

procedures promulgated by the hearings board. 

(2) All challenges to the hearings board provided under this section shall be decided on the basis of conformance of rules, with the applicable rules and 

guidelines adopted pursuant to RCW 43.21 C.II O. The 

board may in its discrction require briefs, testimony, and 

oral arguments. 

(J) The decisions of the hearings board a uthoril.ed 

under this section shali bc final. [1974 ex.s. c 179§ 9.] 

Purpose-1974 ex.s. c 179: See note following RCW 43.2JC.080. 

Se\,erllbili.),-.-1974 ex.S. c 179: RCW 43.21C.910, 

RC\V.aJ.218.260 Regulations and amendments of 

Hl'ti,'afcd ~ir pollution l'ontrol authorities--Filin~ with. 

hearin~s hoard authorized--E'·idence. Activated air 

, pollution ClHlIrol authorities, established under chapter 

70.94 RCW. may rile certified copies of their regulations 

and amendments thereto with thc pollution control 

hearings board of the state of Washington. and the 

hearings board shall take judicial note of the copies so 

filed and the said regulations and amendments shall be 

received and admitted, by reference, in all hearings before the board. JS prima facie evidence thJt such reguIJtions and amendments' on file are in full force und 

effect. r 1974 ex.s. c 69 § 5.) 

(1979I.aws) 

RCW 43.2113.900 Savin~s-Oth~r powers Bnd dutil'S nof affected--Permits. standards not affected-­

Sl'vcrahility--Effective dat~1970 basic act. See 

notes following RC\V 43.2 JA,() IO. 

(eh. 43.218 Rc\\'-p S}