It



# • Chapter 43.21A RCW DEPARTMENT OF ECOLOGY



# •

• Sections 43.2IA.OIO Legislative declaration of state policy on environment and utilization of natural resources. 43.2IA.020 Purpose. 43.21A.030 Definitions. 43.2IA.04O Department ofecology-Created. 43.2IA.OSO Department ofecology-Director-Appointrnent-Powers and duties-Salary-Temporary appointment when
vacancy. 43.21A.061 Powers and duties-Reclamation. 43.2IA.064 Powers and duties-Water resources. 43.2IA.067 Water resources-"Basic data fund" created. 43.2IA.069 Powers and duties-Flood control. 43.2IA.070 Application of administrative procedure act to the review of decisions by director. 43.2IA.080 Rules and regulations. 43.21A.085 Technical assistance officer and units-c-Cocrdination of voluntary compliance with regulatory laws. 43.2IA.087 Technical assistance officer and units-Authority to issue orders or assess penalties. 43.21A.090 Powers. duties and functions transferred to department to be performed by director-Delegation by director. limitations. 43.21A.I00 Departmental administrative divisions-Deputy director. duties-Assistant directors, duties-As exempt from state civil service law-Salaries. 43.21A.120 Director to employ personnel-Application of state civil service law. 43.21A.130 Studies by director-Limitation. 43.21A.140 Directorto consult with department. stale board of health. 43.2IA.150 Directorto consult with other states. federal government and Canadian provinces-Authority to receive and disburse grants. funds and gifts. 43.2IA.160 Request for certification of records as confidentialProcedure. 43.21A.230 Certification ofenvironmental laboratories authorizedFees-Use of certified laboratories by persons submitting data or results to department. 43.2\A.235 Exemption from laboratory certification and fee requirements. 43.21A.250 Pollution control hearings board ofthe state as affecting department, director andcommission. 43.2IA.350 Master plan of development. 43.2IA.355 Master plan ofdevelopment-Public bearings. 43.21A.405 Marine pollution-Baseline study program-Legislative finding and declaration. 43.2IA.4tO Marine pollution-Baseline study program establishedUtilization of related programs-<:oordinationContracts. 43.21A.415 Marine pollution-Baseline study program-Scope of data base produced. 43.2 tA.420 Marine pollution-Baseline study program-Priority factors. 43.2IA.430 Catalytic converters in police. ambulance or emergency aid vehicles-Depanment's powers restricted in respect thereto. 43.2IA.440 Department authorized to participate in and administer federal Comprehensive Environmental Response. Compensation and Liability Act.

- 43.21A.445 Departments authorized to participate in and administer federal Safe Drinking Water Act-Agreements with other departments

. 43.2IA.450 Control of outflow and level of Lake Osoyoos-Lake Osoyoos International Water Control Structure authorized. 43.2IA.460 EastSelah reregulating reservoir.

(1994) 43.2IA.470 Yakimaenhancement project-Duties-Request for congressional authorization for pipeline. 43.2IA.SOO Mt. St. Helens eruption-Exemption from water and flood control requirements authorized-Expiration of section. 43.2IA.SlO State environmental profile. 43.2IA.SIS Assistance to businesses interested in locating in Washington required-Information on environmental lawsand regulations to be provided. 43.2IA.S20 Environmental excellence awards program for products. 43.2IA.600 Powers and**duti~Electric** power resources. 43.2IA.60S Development ofelectric powerresourees-Cooperation with governmental units. 43.2IA.610 Stearn electric generating plant-e-Study-e-Construction. 43.2IA.612 Steamelectric generating plant-Statement of intentionConstruction by public utility, operating agency. or the department, procedure-Powers of director oftrade and economic development. 43.2IA.6l4 -Steamelectric generating plant-Powers of director in constructing, operating and maintaining. 43.2IA.6l6 Stearnelectric generating plant-Eminent domain. 43.2IA.6l8 Steam electric generating plant-State not financially obligated--5eparation and expenditure of funds. 43.2IA.620 Steam electric generating plant-Revenue bonds and warrants. 43.2IA.622 Steam electric generating plant-Special funds-Payment of bonds. interest. 43.2IA.624 Steam electric generating plant-Considerations in issuance ofbonds, limitations. 43.2IA.626 Stearn electric generating plant-Resolution authorizing issuance of bonds. contents, covenants. 43.2IA.628 Steam electric generating plant-Sale of bonds. 43.2IA.630 Steam electric generating plant-Examination, registration of bonds by state auditor-Defects. irregularities. 43.2IA.632 Steam electric generating plant-Rates or charges. 43.2IA.634 Steamelectric generating plant-Refunding revenue bonds. 43.2IA.636 Steam electric generating plant-Signatures on bonds. 43.2IA.638 Steam electric generating plant-Provisions of law, resolution, a contract with bondholder-Enforcement. 43.2IA.640 Steam electric generating plant-Bonds arelegal security, investment. negotiable. 43.2IA.642 Steam electric generating plant-Director not authorized to acquireother facilities or engage in retail distribution. 43.2IA.6S0 Freshwater aquatic weeds account. 43.2IA.660 Freshwater aquatic weeds management program. 43.2IA.670 Seniorenvironmental corps-Depattrnent powers and duties. 43.2IA.680 Solid waste plan advisory committee abolished. 43.2IA.900 Chapter to be liberally construed. 43.2IA.910 Savings-Permits, standards not affected-SeverabilityEffective date-I970 ex.s. c 62. Exemptionsfor emergency recovery operationsfrom Mt. St. Helenseruption aulhoriuJ-Exception: RCW 43.21C.500, 89.16.500, 90.58.500. Fundingfor radiation monitoringprograms. depanment of ecology /0 seek: RCW 70.98.122.
Metals mining andmilling operations. departmentofecology responsibilitin: Chapter 78.56Rcw.

- Minimumflows and levels-s-Departmentalauthority exclusive-Other recommendations considered: RCW 90.03.247.



### RCW 43.21A.OIO Legislative declaration of state policy 

### on environment and utilization ofnatural resources. The legislature recognizes and declares it to be the policy of this 

### state, that it is a fundamental and inalienable right of the people of the state of Washington to live in a
leb, 43.11A-p. 11

### 43.11A.OI0 

### -Department-ofEc:olotD'-

--

healthful and pleasant environment and to benefit from the proper development and use ofits natural resources. The legislature further recognizes that as the population of our state grows. the 

### need to provide for our increasing industrial, agricultural. residential. social, recreational, economic and other needs will place an increasing responsibility on all segments ofour society to plan. coordinate. restore and regulate the utilization ofour natural resources in a manner that will protect and conserve our clean air. our pure and abundant waters. and the natural beauty ofthe state. [1970 ex.s. c 62 § 1.] Savings-Other powers and rights not arrected-Permlts, standards, not afJ'ected-1970 ex.s. e62: provisions ofIbis actshall not impair or supersede the powers or rights of any person. committee, association. public. municipal or private corporations. state or local governmental agency.federalagency.or politicalsubdivisiooofthestaleof Washington under any other law except as specifically provided herein. Pollution controlpermits, waterquality standards. air pollutionpennits. air quality standards. and permits for disposal of solid waste materials ofIbis state are not changed hereby and the laws governing the same areto be protected and preserved." [1970ex.s,c 62 § 61.) Effective date-I970 ex.s. e 62: "This 1970 amendatory

### 8ct shall takeeffecton July I. 1970." [1970ex.s,c 62 § 64.] Severabllity-1970 ex.s, c 62: "If any provision of this 1970 amendatory act. or its application to any person or circumstance is held invalid.the remainderoftheact, ortheapplicationofthe provisionto other persons or circumstances. shall notbeaffected." [1970 ex.s. c 62 § 65.]



### RCW 43.21A.020 Purpose. In recognition ofthe responsibility ofstate government to carry out the policies
set forth in RCW 43.21A.OI0. it is the purpose ofthis chapter to establish a single state agency with the authority
to manage and develop our air' and water resources in an orderly. efficient, and effective manner and to carry out a coordinated program of pollution control involving 

### these and 

### related land resources. To this end adepartmentofecology is created by this chapter to undertake. in an integrated manner. the various water regulation. management, planning and development programs now authorized to be performed by the department of water

### resources and the water pollution control commission. the air regulation and management program now performed by the state air pollution control board. the solid waste regulation and management program authorized to be performed by state government as provided by chapter 70.95 RCW. and such other environmental. management protection and development programs as may be 

### authorized by the legislature. (1970 ex.s. c 62 § 2.]

RCW 43.21A.030 Definitions. As used in this chapter. unless the context indicates otherwise: (1) 

### "Department" means the department ofecology. (2) 

### "Director" means the director ofthe department of ecology. (3) 

### "Commission" means the ecological commission. (1970 ex.s. c 62 § 3.]

RCW 43.21A.04O Departmentofecology-Created. There is created a department ofstate government to be 

### known as the department ofecology. [1970 ex.s. c 62 § 4.]

RCW 43.21A.OSO Department ofecologyDirector-Appointment-Powers and duties--SalaryTemporary 

### appointment when vacancy. The executive

leb. 43.21A--9- 

### 21 and administrative head ofthe department shall be the director. The director shall be 

### appointed by the governor with the consent ofthe senate. He shall have completr->, charge of and supervisory powers over the department. shall be paid a salary fixed by the governor in accordance with the provisions ofRCW 43.03.040. 

### Ifa vacancy occurs in the position ofdirector while the senate is not in session. the governor shall make a temporary appointment until the 

### next meeting of the senate at which time he shall present to that body his nomination for the position. [1970 ex.s. c 62 § 

### 5.]

RCW43.21A.061 Powers and duties-Reclamation. The department ofecology shall exercise 

### all the powers and perform all 

### theduties prescribed by law with respect to the reclamation anddevelopment of arid. swamp. overflow. and logged-offlands in the state and such other duties as may be 

### prescribed by law. (1987 c 109 § 

### 26; 1%5 c 8 § 43.21.110: Prior: 1921 c 7§ 70; RRS § 10828. Formerly RCW 43.21.110.]

. Purpose-Shorttltle-Construction-Rules-SeverabllltyCaptlons-l987 e 109: See Dotes following RCW 43.218.001.



### RCW 43.21A.064 Powers and duties-Water

resources. The.director of the departmentof ecology shall have the following powers and duties: (1) The

### supervision of public waters withinthe 

### state and 

### their appropriation, diversion. and use. and of the various officers connected therewith; (2) 

### Insofar as may be

### necessary to assure safety to life----.

or property. he shall inspect the construction ofall dam( \; canals. ditches. irrigation systems, hydraulic power**plan~.---.../** 

### and all other works, systems. and plants,pertaining to the use ofwater. and he may require such necessary changes in the construction or maintenance of said works. to be

### made from time to time, as will reasonably secure safety to life and property; . (3) 

### He shall regulate and control the diversion of water in accordance with the rights thereto; (4) 

### He shall determine the discharge of streams and springs and other sources of water supply. and the 

### capacities oflakes and of reservoirs whose waters are being or may be 

### utilized for beneficial purposes; (5) 

### He shall keep such records as may be necessary for the recording of the financial transactions and statistical data thereof. and shall procure all necessary documents, forms, and blanks. He shall keep a seal ofthe office. and all certificates by him covering any of his acts 

### orthe 

### acts of his office. or the records and files of his office. under such seal. shall be taken as evidence thereofin all courts; (6) 

### He shall render when required by the governor. a full written report ofthe work ofhis office with such recommendations for legislation as he may deem advisable for the better control and developmentof

### the water resources 

### ofthe state; (7) 

### The director and duly authorized deputies may administer oaths; (8) 

### He shall establish and promulgate rules**gOVerninr.--~~,** 

### the administration of chapter 90.03 RCW; ( (9) 

### He shall perform such other duties as may be prescribed by law. [1977 c 

### 7S § 

### 46; 1965 c 8 § 

### 43.21.130.

(1994)

### Department ofEcology 

# •

•

• Prior: 1961 c 19 § 1; prior: (i) 1951 c 57 § 3; 1921 c 7 § 72; RRS § 10830. (ii) 1951 c 57 § 3; 1917 c 117 § 8; RRS § 7358. Formerly RCW 43.21.130.]

Reviewof permitapplicaJioruto divert andstore waser, waJer flow policy: RCW75.20.050.
Water power development, licensefeu: RCW90./6.050. 90.16.060. 90./6.090.

RCW 43.21A.067 Water resources-"Basic data. fund" created. The director of ecology may create within his department a fund to be known as the "basic data fund." Into such fund shall be deposited all moneys contributed by persons for stream flow, ground water and water quality data or other hydrographic information furnished by the department in cooperation with the United States geological survey, and the fund shall be expended on a matching basis with the United States geological survey for the purpose of obtaining additional basic information needed for an intelligent inventory of water resources in the state. Disbursements from the basic data fund shall be on vouchers approved by the department and the district engineer of the United States geological survey. [1987 c 109 . § 27; 1967 c 53 § 1; 1965 c 8 § 43.21.140. Prior: 1951 c 57 § 4; 1943 c 30 § I; Rem. Supp. 1943 § 5505-1. Formerly RCW 43.21.140.] Purpose-8borttitle-CoDstructioD-Rules-8everabllityCaptions-1987 c 109: See notes following RCW43.218.001.

RCW 43.21A.069 Powers and duties-Flood control. The department ofecology shall exercise all the powers and perform all the duties prescribed by law with respect to flood control. [1987 c 109 § 28; 1965 c 8 § 43.21.160. Prior: 1941 c 204 § 2, part; Rem. Supp. 1941 § 9663F-2, part. Formerly RCW 43.21.160.] Purpose-8borttitle-CoDstruction-Rules-8everabllityCaptions-l987 c 109: See notes followmg RCW43.218.001.

RCW 43.21A.070 Application ofadministrative procedure act to the review ofdecisions by director. The administrative procedure act, chapter 34.05 RCW, shall apply to the review ofdecisions by the directorto the same extent as it applied to decisions issued by the directors ofthe various departments whose powers, duties and functions are transferred by *this 1970 amendatory act to the department of ecology. The administrative procedure act shall further apply to allother decisionsofthe director as in chapter 34.05 RCW provided. [1970 ex.s. c 62 § 7.]
-Reviser's Dote: For "this 1970 amendatoryact" [1970 ex.s. c 621.

seeCodification Tables. Volume O.

RCW 43.21A.080 Rules and regulations. The director of the department ofecology is authorized to adopt such rules and regulations as are necessary and appropriate to carry out the provisions ofthis chapter. [1970 ex.s. c 62 § 8.]

RCW 43.21A.08S Technical assistance officer and units-Coordination ofvoluntary compliance with regulatory laws. The department, to the greatest extent possible, within available resources andwithoutjeopardizing thedepartment's ability to carry out its legal responsibilities,

(1994) may designate one or more ofits employees as a technical assistance officer, and may organize the officers into one or

more technical assistance units within the department. The duties ofa technical assistance officer are to .coordinate voluntary compliance with the regulatory laws administered by the department and to provide technical assistance concerning compliance with the laws. [1992 c 19 § I.]

RCW 43.21A.087 Technical assistance officer and units-Authority to issue orders or assess penalties. ( I) An employee designated by the department as a technical assistance officer or as a member of a technical assistance unit may not, during the period ofthe designation, have authority to issue orders or assess penalties on behalfofthe department. Such an employee who provides on-site consultation at an industrial or commercial facility and who observes violations ofthe law shall inform the owner or operator ofthe facility of the violations. On-site consultation visits by such an employee may not be regarded as inspections or investigations and no notices or citations may be issued or civil penalties assessed during such a visit. However, violations ofthe law must be reported to the appropriate officers within the department. 

### Ifthe owner or operator ofthe facility does not correct the observed violations within a reasonable time, the department may reinspect the facility and take appropriate enforcement action.

, 

### If a technical assistance officer or member of a technical assistance unit observes

# aviolation ofthe law that places a person in danger ofdeath or substantial bodily harm, or-has caused or is likely to cause physical damage to the property ofothers in an amount exceeding one thousand dollars.zthe department may initiate enforcement action immediately upon observing the violation. '/ (2) The state, the department, 'and officers oremployees of the state shall not be liable for damages to a person to the
extent that liability is asserted to arise from the performance by technical assistance officers oftheir duties, or if liability is asserted to arise from the failure of the department to supply technical assistance. [1992 c 19 § 2.]

RCW 43.21A.090 Powers, duties and functions transferred to department to be performed by d.irectorDelegation by director, limitations. All powers, duties and functions transferred to the department by the terms of *this 1970 amendatory act shall be performed by the director: PROVIDED, Thatthe directormay delegate, by appropriate rule or regulation, the performance of such of his powers, duties, and functions, other than those relating to the adoption, amendment or rescission of rules and regulations,
to employees ofthe department whenever it appears desirablein fulfilling the policy and purposes ofthis chapter. [1970 ex.s -.c 62 § 9.]
-Reviser's note: For "this 1970amendatoryact" [1970 ex.s. c 62),

see Codification Tables. Volume O.

RCW 43.21A.IOO Departmental administrative divisions--Deputy director, duties-Assistantdirectors, duties-As exempt (rom state civil service law-Salaries. In order to obtain maximum efficiency and effectiveness within the department, the directormay create such administrative divisions within the department as he deems neces-

(eb. 43.2IA-p. 3]

### 43.11A.l00 ---.-..-.----.-.-

...



### Department

# orEcology

sary. The director shall appoint a deputy director as well as such assistant directors as shall 

### be needed to administer the several divisions within the department, The 

### deputy director shall have charge and general supervision of the department in the absence or disability of the director. In the case of a vacancy in the office of director. the deputy director shall administer the department until the governor appoints a
successorto the director or an acting director. The officers appointed under this section and exempt from the provisions of the state civil service law as provided in RCW41.06.073. 

### shall 

### be paid salaries to be fixed by the governor in accordance withthe 

### procedure established by law 

### forthe 

### fixing of salaries for officers exempt from the operation of the state civil service law. [1970 

### ex.s. c 62 § 10.]



### RCW 43.11A.120 Director to employ personnelApplication of state civil 

### service law. The director shall have the power to employ such personnel as may 

### be necessary for the general administration of this chapter. PROVIDED. That except as specified in RCW 41.06.073. 

### such employment shall be

### in accordance withthe 

### rules of

### the state civil service "taw, chapter 41.06 

### RCW. [1970 

### ex.s. c 62 § 12.]



### RCW43.21A.130 Studies by director-Limitation. In addition to any other powers granted the director. the director may undertake studies dealing with all aspects of environmental problems involving land, water, or air: PROVIDED, That in the absence ofspecific legislative authority, such studies shall be 

### limited to investigations of particular problems, and shall not be implemented by positive action. [1987 

### c 505 § 28; 1980 

### c 87 § 22; 1970



### ex.s. c 62 § 13.]



### RCW 43.21A.140 Director to consult with 

### department, state board of health. The director in carrying out his powers and duties under this chapter shall consult with the department of social and health services and the state board of health, or their successors, insofar as necessary to assure that those agencies concerned with the preservation of life and health may integrate their efforts to the fullest extent possible and endorse policies in common. [1979 

### c 141 § 67; 1970 

### ex.s. c 62 § 14.]



### RCW 43.21A.150 Director to consult with other states, federal government and Canadian provincesAuthority to receive and disburse grants, funds and gifts. 

### The director, whenever it is lawful and feasible to do so. shall consult and cooperate with the federal government, as well as with other states and Canadian provinces, in the study and control of environmental problems. On behalfof the department. the director is authorized to accept. receive, disburse, and administer grants or other funds or gifts from any source. including private individuals or agencies, the federal government, and other public agencies, for the purpose of carrying out the provisions of this chapter. [1970



### ex.s. c 62 § 15.]



### RCW 43.21A.160 Request lor certification of records as confidential-Procedure. Whenever any records or other information furnishedunderthe

### authority of

reb. 43.21A-p. 4J 

### this chapter to the director. the department, or any division of the department, relate to the processes of

### production unique to the owner or operator thereof, or may aff{ '-) adversely

### thecompetitive position of such owner oroperai\.--../ ifreleased to the public or to a competitor, the owner or operator of such processes or production may so certify. and request that such information or records 

### be made available only for the confidential use of the director. the department. or the appropriate division ofthe 

### department. The director shall give consideration to the request, and if such action would not be detrimental to the public interest and is otherwise within accord with the policies and purposes of this chapter, may grant the same. [1970 

### ex.s. c 62 § 16.]



### RCW 43.11A.130 Certification of environmental laboratories autborized-Fees-Vse

# orcertified laboratories by persons submitting dataor results

### to department. The

### director of ecology may

### certifyenvironmentallaboratories which conduct tests or prepare data for submittal to the department. Fees for certification may 

### be charged by thedepartment to cover the department's costs. Such certification may consider. (I) 

### Evaluating protocols and procedures;

. (2) Determining the accuracy and reliability of test results. including internal quality assurance and quality control procedures and proficiency at analyzing test samples supplied by the department; (3) Certifying laboratories based on prior certification by another state or federal agency whose certification requirements are deemed satisfactory by the director; andC (4) Suchothedaetors as the director considers approp ).;

,. / 

### The director of ecology may require that any person submitting laboratory data or test results to the department use laboratories certified by the department or laboratories which

### participate in quality assurance programs administered by the federal environmental protection agency. Persons receiving a federal permit for wastewater discharge who operate a lab solely for their own use and who require certification for only conventional pollutants shall not be charged an annual certification fee in 

### excess ofthe actual costs of providing the certification or four thousand dollars, whichever is less. Conventional pollutants as used in this subsection means those conventional pollutants regulated under the federal clean water act (33 

### U.S.C. Sec. 1314). 

### Fees and lab quality control requirements for persons receiving state or federal wastewater discharge permits shall not be implemented before September 30, 1988. 

### The department shall not duplicate any laboratory quality control requirements imposed by the United States environmental protection agency. [1987 

### c 481 § 1.]



### RCW 43.21A.235 Exemption from laboratory certification andfee requirements. Laboratories owned by persons holding wastewater discharge permits and

### operatedsolely for their own use which participate in quality assurance programs administered by the federal enVironmentrO protection agency shall be

### exempt from certification and fe.. .requirements forthe 

### specific methods and tests which are the

(1994)

### Department

### of 

### Ecology 

# •

• subject of such quality assurance programs. [1987 c 481 § 2.]

RCW 43.21A.2S0 Pollution control hearings board of the state as affecting department, director and 

### commission. See chapter 43.21B RCW.

r RCW 43.21A.3S0 Master plan ofdevelopment. The department of ecology shall prepare and perfect from time to time a state master plan for flood control, state public reservations, financed in whole or in part from moneys collected by the state, sites for state public buildings and for the orderly development ofthe natural and agricultural resources of the state. The plan shall be a guide in making recommendations to the officers, boards, commissions, and departments of the state. Whenever an improvementis proposed to be established by the state, the state agency having charge ofthe establish**me~t** thereofshall request ofthe director a report thereon, which shall be furnished within a reasonable time thereafter. 

### In case an improvement is not established in confonnity with the report, the state agency having charge of

### the establishment thereof shall file in its office and with the department
a statement setting forth its reasons for rejecting or varying from such report which shall be open to public inspection. The department shall insofar as possible secure the cooperation of adjacent states, and of counties and 

### munici-**~alities** within the.state in 

### the coordination oftheirproposed improvements With such master plan. [1987 c 109 § 29; 1965 c 8 § 43.21.190. Prior: 1957 c 215 § 22; 1933 ex.s. c 54 § 3; RRS § 10930-3. Formerly RCW 43.21.190.] Purpose-Sborttltle-Constructlon-Rules-SeverabilltyCaptlons-1987 c 109: See DOtes following RCW 43.218.001.

RCW 43.21A.355 Master plan ofdevelopmentPublic bearings. The directormay bold public hearings, in connection with any duty prescribed in RCW 43.21A.350and may compel the attendance of witnesses and the production of evidence. [1988 c 127 § 7; 1965 c 8 § 43.21.200. Prior: 1957 c 215 § 23; 1933 ex.s. c 54 § 4; RRS § 10930- 4. Formerly RCW 43.21.200.] -43.21A.135

length than the combined coastlines ofOregon and California. There 

### are some three million 

### acresofsubmerged land and more than three hundred islands in these marine waters. The average depth of Puget Sound is two hundred twenty feet. There is a great diversity ofanimal life in the waters ofthe state. These waters have a multitude of uses by both humans and nonhumans, and the interaction between man's activities and natural processes in these waters varies greatly with locale. [1973 2nd ex.s. c 30 § 1.]
Oil and hazardous substancespollution: RCW90.56.010 through 90.56.280.

RCW 43.21A.410 Marine poUution-Baseline study program estabUshed-Utillzatlon ofrelated programsCoordination-Contracts. As part ofthe state effort to prevent and control oil 

### pollution, a continuing, comprehensive program ofsystematic baseline studies for the waters of the state shall be established by the department of ecology. Full utilization ofrelated historical data shall be made in planning these studies. Datafrom these and other scientific investigations made pursuant to RCW 43.21A.405 through**~3.21A.420** should. whenever possible, have multiple use, Including use as supporting evidence ofenvironmental damage resulting from oil pollution, as indicators ofthe potential or existing risks and impacts ofoil pollution, as aids to developing a methodology for implementing the reduction of risks, and as aids to maintaining water quality standards. ". A baseline study program shall take full advantage of the data and information produced by related programs•..such as the marine ecosystems analysis (MESA) program

# ofthe national oceanic and atmospheric administration, studies-and inventories made pursuant to the state shorelines manage-**~ent ~ct**  of 1971, and others. All phases of the program, including planning, operations, data analysis, interpretation. storage, retrieval, and dissemination phases, shall be coordinated to the greatest possible extent with appropriate governmental, academic, and industrial organizations. Whenever possible, the department shall contract with existing state agencies. boards, commissions, and institutions ofhigher education for the scientific investigation programs to be conducted. [1973 2nd ex.s. c 30 § 2.]

RCW 43.21A.405 Marine pollution-Baseline study program-Legislative finding and declaration. The legisl.ature recognizes that there exists a great risk of potential damage from oil pollution of the waters ofthe state ofWashington and further declares that immediate steps**~ust** beundertaken to reduce this risk. The legislature also is aware that such danger is expected to increase in future
years.in prop?rtion to the increase in the size and cargo capacity ofships, barges, and other waterborne carriers, the construction and operational characteristics of

### these carriers the density ofwaterborne traffic, and the need for a greater supply of petroleum products.A program of systematic baseline studies to be conductby the department of ecology hasbeen recognized as a

• • Vital part of the efforts to reduce the risk of oil pollution of marine**water~,** and the**legi~lature** recognizes that many factors combine to make this effort one ofconsiderable magnitude and difficulty. The marine shoreline ofthe state is about two thousand seven hundred miles long. a greater

(1994) RCW 43.21A.41S Marine poUution-Baseline study program-Scope of data base produced. The data base produced by such studies should include chemical, physical. and biological parameters of

### the waters, complete information on marine pollution accidents. and an economic evaluation of the marine resources and shoreline properties that
may be damaged or impaired by oil pollution. Where oceanographic and water quality instrumentation is used to gather data, such instruments shall be standardized and intercalibrated. [1973 2nd ex.s. c 30 § 3.]

RCW 43.21A.420 Marine poUution-Baseline study program-Priority factors. In planning the state baseline studies program, priority shall be given to those waters (1) in which the greatest risk ofdamage from oil spills exists;(2) which contain marine and fresh water life that is particularly sensitive to toxins contained in crude oil. oil products, and oil 

### wastes: and (3) which 

### are usedor may be used for

[Cb. 43.21A-p. 5]

### 43.21A.420 DepartmentofEcology

the harvesting, gathering, or production offood or food products. [1973 2nd ex.s, c 30 § 

### 4.]

RCW 43.21A.430 Catalytic converters in police, ambulance or emergency aid vehicles-Department'5 

### powers restricted in respect thereto. The department of ecology may not adopt, maintain in effect, or enforce any rule requiring the installation or maintenance ofa catalytic converter in the exhaust system of any motor vehicle used

## as a police vehicle, or ambulance, an emergency aid vehicle, or a fire department vehicle, and any catalytic converter in the exhaust system ofany such vehicle may be lawfully removed. [1977 ex.s. c 264 § 1.]



### RCW 43.21A.440 Department authorized to participate In and administer federal Comprehensive Environmental Response, Compensation and Liability Act. The departmentofecology is authorized to participate fully in and is empowered to administer all programs ofthefederal Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. 9601 et seq.), as it exists on July 24, 1983, contemplated for state participation and administration under that act. [1983 c 270 § 

### 3.] Severabillty-1983 c 270: See note following RCW 90.48.260.



### RCW 43.21A.44S Departments authorized to participate in and administer federal Safe Drinking Water Act-Agreements with other departments. The department of ecology, the department of natural resources; the department of health, and the ·oil and gas conservation committee are authorized to participate fully in and are empowered to administer all programs ofPart C ofthe federal Safe Drinking Water Act (42 U.S.C. Sec. 300h et seq.), as it exists on June 19, 1986, contemplated for state participation in administration under the act. The department ofecology, in the implementation of powers provided herein shall enter into agreements of administration with the departments of health and natural

resources and the ·oil and gas conservation committee to administer those portions ofthe state program, approved under the federal act, over which the said departments and committee have primary subject-matter authority under existing state law. The departments of health and natural

resources and the ·oil and gas conservation committee are empowered to enter into such agreements and perform the administration contained therein. [1989 1st ex.s. c 9 § 

### 218; 1988 c 279 § 

### 1; 1983 c 270 § 

### 4.]

·Reviser's note: The duties ofthe oil and gas conservation committee weretransferred to thedepartment of natural resources by 1994 lst sp.s. c 9.
Effective date-Severablllty-1989 1stex.s. e 9:· See RCW 43.70.910 and 43.70.920. Severability-I983 c 170: See note following RCW 90.48.260. Adoption ofrules for on-site**sn'ag~** disposal systems adjacent to marine
waters: RCW 90.48.264. Drinking water quality consumercomptainu: RCW80.04./10.



### RCW 43.21A.4S0 Control of outflow and level of Lake Osoyoos-Lake Osoyoos International Water Control Structure authorized. (1) 

### The legislature recognizes the need for the state ofWashington to implement

[Cb. 43,ZIA-p. 6] 

### understanding reached with the Province of British Columbia I. 

### in relation to ajoint venture with British Columbia for controlling the outflow and level ofLake Osoyoos,**~~\** 

### international lake, and in connection therewith to replace**~J** 

### existing lake control structure on the Okanogan river in Washington state which has been classified as deteriorated and unsafe. (2) For the

### purpose of implementing subsection (1) 

### of this section, the

### departmentof ecology may acquire, design, construct, own, operate, and maintain a project to be

### known as the Lake Osoyoos International Water Control Structure and may acquire all 

### realproperty interests necessary thereto by purchase, grant, gift, or eminent domain; provided that the authority ofeminent domain as granted to the 

### department under this section is limited to acquiring property necessary for access to the control structure, location ofabutments for the control structure, and flowage easements 

### ifnecessary. (3) The department may accept and administer grants or gifts from any source for the purpose ofcarrying out subsection (2) ofthis section. (4) The department may exercise its powers under subsection (2) ofthis section directly or through contracts, except that it may not delegate its authority ofeminent domain. The department may also enter into agreements with any public or municipal corporation with respect to operation and maintenance of the project authorized under subsection (2) ofthis section. [1985 c 27 § 

### I; 1982 c 76 § I.]
Intent-l98S e 27; 1982 c76: "It is theintentofthis legislature in enacting RCW 43,ZIA.4S0thattotal capital costs for the said project be shared equally by Washington state and British Columbia." [198S c

# 270

.. 2; 1982c 76 §

### 2.1**~.**



### RCW 43.21A.460 EastSelah reregulating reservoir. (1) The legislature recognizes the need to improve the control and regulation ofthe waters ofthe Yakima river system to insure that both necessary diversionary and instream beneficial uses of those waters, which provide the 

### foundation for the 

### economic and environmental well-being ofthe Yakima valley, are achieved to the maximum extent reasonably attainable, It is further recognized that the 

### most satisfactory means for satisfying this need is to 

### improve the 

### existing water project, known as the Yakima project, presently operated by the United States bureau.ofreclamation. Therefore, the legislature intends to aid the United States in improving the Yakima project by constructing physical works and providing financial assistance. (2) For the 

### purpose of implementing subsection (1) 

### of this section, the 

### department of ecology may acquire. design, and construct a project, known as 

### the East Selah reregu1ating reservoir, and may acquire, by gift, purchase, or condemnation, all real property interests necessary to complete the project. The department may then transfer the 

### completed East Selah reregulating reservoir to the department of the interior of the United States subject to such conditions as the 

### department ofecology requires to ensure that the objectives ofthis section are achieved. (3) The department shall not: (a) Exercise any powers of acquisition or COIlSttUCtiOtO

I 

### provided in subsection (2) of this section, until the 

### depart-,.. ment has entered into a binding agreement with the

### United States department of

### theinterior that the department ofthe
(1994)Department orEcology o



# •

•

• interior will. upon completion by the department of the East Selah reregulating reservoir project, accept title to the project and thereafter operate and maintain the project (i) consistent with the agreement of transfer. and (ii) without any obligation upon the state forpayment of costs for the operation or . maintenance of the project; or (b) Enter into any agreement under subsection (3)(a) of this section until (i) federal legislation is enacted recognizing the amount ofthe value ofthe completed East Selah reregulating reservoir as a credit to any matching funds requirement placed upon the state of Washington established in any authorization or appropriation bill enacted after August 23, 1983. relating to any project studied under Public Law 96·162, and (ii) the department is satisfied that the United States has the necessary water rights to operate the project. [1983 lst ex.s. c 18 § 1.]

RCW 43.21A.470 Yakima enhancement projectDuties-Request for congressional authorization for pipeline. (l) The director ofthe department of ecology shall: (a) Continue to participate with the federal government in its studies ofthe Yakima enhancement project and of options for future development of the second halfofthe Columbia Basin project; (b) Vigorously represent the state's interest in said studies, particularly as they relate to protection ofexisting water rights and resolution of conflicts 

### in the adjudication of the Yakima river within the framework of state water rights law and propose means ofresolving the conflict that minimize adverse effects on the various existing uses; (c) As a cooperative federal·and nonfederal effort, work with members of the congressional delegation to identify and advance. subject to the limitations in subsection (2) ofthis section, for federal authorization elements ofthe Yakima enhancement project which: Have general public support and acceptable cost-sharing arrangements, meet studyobjectives, and otherwise have potential for early implementation; and (d) In developing acceptable cost-sharing arrangements, request federal recognition of state credit for expenditures of moneys from Washington state utility ratepayers.

. (2) In the interest ofpromoting cooperation between all interested parties and toeffectuate the efficient and satisfactory implementation of the Yakima' enhancement project. the state requests that Congress authorize theconstruction of a pipeline between Keechelus Lake and Kachess Lake as one ofthe elements ofearly implementation ofthe Yakima enhancement project for the purpose of supplying the water which is demanded for and caused by the operation of the fish passage facilities at the Easton Dam. The department, in concert with other state agencies, shall work diligently to assure that the pipeline element is included in the federal legislation. [1987 c 517 § 1; 1986 c 316 § 3.]

RCW 43.21A.SOO Mt. St. Helens eruptionExemption from water and 

### flood control requirements authorized-Expiration ofsection. Emergency recovery operations from the Mt. St. Helens eruption authorized by RCW 36.01.150, 43.01.200, and 43.01.210, other than the sediment retention structure to be built on the North Fork

(1994) ..

__ 43.2lA.460

Toutle river by the United States army corps of engineers, may be exempted by the applicable county legislative authority from the requirements related to water and 

### flood control under the department ofecology, for operations within such county: PROVIDED, That the applicable legislative authority shall promptly notify the department of ecology within five days ofthe emergency action taken and the emergent nature ofthe problem. The notification shall be made to the water resources district supervisor ofthe southwest region of the department of ecology. This section shall expire on June 30, 1995. [1989 c 213 § 1; 1985 c 307 § 3; 1983 1st ex.s. c 1 § 6; 1982 c 7 § 7.] Severablllty-1983 1stex.s. e I: See note following RCW 43.01.200. SeverabUlty-I982e7: See note following RCW 36.01.1SO.

RCW 43.21A.SIO State environmental prome. In order to assist the *department oftrade and economic development in providing information to businesses interested in locating in Washington state, the department shall develop an .environmental profile ofthe state. This profile shall identify the state's natural resources and describe how these assets are valuable to industry. Examples ofinformation to be included are water resources and quality, air quality, and recreational opportunities related to natural resources. [1985 c 466 § 51; 1984 c 94 § 2.]

-Reviser's note: Powers, duties, and functions of the department of community development and tbe department oftrade and economic development were transferred to the department ofcommunity. trade. and economic development by 1993 c 280. effective July I. 1994. .,
Effective date-Severability-l985 c 466: See notes following RCW 43.31.085. Findings-1984 c 94: "The legislature finds (i) that a locality's natural environment is an important factor in determining where:j,new businesses will locate, (2) thatenvironmental regulations thatpreserve the quality oftheenvironment can enhance economic development and the determination by new businesses where to locate and can lead to the creation ofjobs and new industries, and (3) that some areas ofthe state have been and mightbehandicapped intheireconomic development efforts becauseofperceived environmental problems. Thus.the legislature deciares that it isthepolicy ofthis state to recognize and emphasize the importance of thestate's natural environment in its economic development effonsin attracting and maintaining businesses:" [1984 c 94 § 1.]

RCW43.21A.51S Assistance 

### to businesses interested in locating in Washington required-Information on environmental laws and regulations to be provided. In order to emphasize 

### theimportance ofthe state's environmental laws and regulations and to facilitate compliance with them, the department ofecology shall provide assistance to businesses interested in locating in Washington state. When the *department oftradeand economic developmentreceives a query from an interested business through its industrial marketing activities, it shall arrange for the department of ecology to provide information on the state's environmental laws and regulations and methods ofcompliance. This section shall facilitate compliance with state environmental laws and regulations and shall not weaken their application

or effectiveness. [1985 c 466 § 52; 1984 c 94 § 3.]

*Reviser's note: Powers. duties, and functions ofthedepartment of community development and the department oftrade and economic development weretransferred to the department ofcommunity. trade. and economic development by 1993 c 280. effective July I. 1994.

.

(Cb.**43.21A~** 7]43.21A.51S**~pa~entotE~ogy** o o

Effective date-Severablllty-198S e 466: See notes following RCW 43.31.085. Flndlngs-l984 c 94: See note**foU~wing** RCW 43.21A.51O.

RCW 43.21A.520 Environmental excellence awards program for products. (1) The departmentof ecology shall develop and implement an environmental excellence awards program that recognizes products that are produced. labeled.

or packaged in a manner that helps ensure environmental protection. The award shall be in recognition ofproducts that are made from recycled materials. easy to recycle. substitute for more hazardous products. or otherwise help protectthe environment. Application for the award shall be voluntary. The awards may be made in a variety ofproduct categories including. but not limited to: (a) Paint products; (b) Cleaning products; (c) Pest control products; (d) Automotive. marine. and related maintenance products; (e) Hobby and recreation products; and (f) Any other product available for retail or wholesale sale.(2) The state solid waste advisory committee shall establish an environmental excellence product award subcommittee to develop and recommend criteria for awarding environmental excellence awards for products. The subcommittee shall also review award applications and make recommendations to the department. The subcommittee shall consist ofequal representation of: (a) Product manufacturing or otherbusiness representatives; (b) environmental representatives; (c) labor or consumer representatives; and (d) independent technical experts. Members ofthe subcommittee need not necessarily be regular members ofthe state solid waste advisory committee. (3) Products receiving an environmental excellence award pursuant to this section shall be entitled to display a logo or other symbol developed by the department to signify the award. Awards shall be given each year to as many products as qualify. The award logo may be displayed for a period to be determined by the department. [1989 c 431 § 47; 1987 c 67 § 1.] Severabillty-SectioD captions Dotlaw-1989 c 431: See RCW 70.95.901 and 70.95.902.

.

RCW 43.21A.600 Powers and duties-Electric power resources. The department shall make studies and surveys. collect, compile and disseminate information and statistics to facilitate development ofthe electric power

resources ofthe state by public utility districts. municipalities. electric cooperatives, jointoperating agencies and public utility companies. The director may cause studies to be made relating to the construction ofsteam generating plants using any available fuel and their integration with hydroelectric facilities. He may cause designs for any such plant to be prepared. He shall employ such engineers and other experts and assistants as may be necessary to carry out his power resources functions. [1988 c 127 § 8; 1965 c 8 § 43.21.220. Prior: 1957 c 284 § 2. Formerly RCW 43.21.220.]

10i1l1 operaung agencies: Chapter 43.52 RCW.

[Cb. 43.21A-p. 8] RCW 43.21A.60S Development ofelectric: power resources-Cooperation with governmental units. The_, directormay represent the state and aid 

### andassist thepub¥/" ') utilities therein to the

### endthat its

### resources shall bepropen.J developed in the public interest insofar

### asthey affectelec.tric powerand to this end he shall cooperate and may**negoua~e** with Canada. the United States. the states thereofand their agencies to develop 

### andintegrate the resources oftheregion. [1988 

### c 127 § 9; 1965 

### c 8 § 43.21.230. Prior: 1957 c 284 § 3. Formerly RCW 43.21.230.]

RCW 43.21A.610 Steam electric:generating plantStudy-Construc:tfon. Thedirector shall continue thestudy ofthe state powercommission made in 1956 relating to the construction ofa stearn power electric generating plant, and ifthe construction ofa steam electric generating plant is found to be feasible by the director. the director may construct such plant at a site determined by him to be feasible and operate it as a state owned facility. [1988 c 127 § 10; 1965 c 8 § 43.21.250. Prior: 1957 c 275 § 3. Formerly RCW 43.21.250]

RCW 43.21A.612 Steam electric generating plantStatement ofintention-Constructlon by public utility, operating agency, or the department, procedure-Powers of -directoroftrade and economic development. Before the director shall constructsaid steam generating facility within the state, or make application for any permit, license or other right necessary thereto. he shall give notice thereof by publishing once a week f?r**f~ur** consecutive**wee~ in(~\**  newspaper ofgeneral circulation 10 the**coun~ or-~ountl~**  

### <:.' which such project

### is located a statement of mtention setting forth the general nature, extent and location ofthe project. 

### If any public utility in the state or any operating agency desires to construct such facility. such utility or operating agency shall notify the director thereof within ten days after the last date ofpublication of such notice. If the director determines that it is in the best public interest that the directorproceed with such construction rather than thepublic utility or operating agency, he shall so notify the -director of trade and economic development. who shall set a date for hearing thereon. If after considering the evidence introduced the -director oftrade and economic development finds that the public utility or operating agency making the**~equest** intends to immediately proceed with such construetlon and is financially capable ofcarrying out such construction and further finds that the plan of such utility or operating agency is equally well adapted to serve the public interest,. he shall
enter an order so finding and such order shall divest the director of authority to proceed further with such construction or acquisition until such time as the other public utility or agency voluntarily causes an assignment ofits right or interest in the project to thedirector or fails to procure any further required governmental permit, license or authority or having procured such. has the same revoked or withdrawn. in accordance with the laws and regulations ofsuch governmental entity, in which event the director shall have the .

same authority to proceed as though the director har) originally entered an order so authorizing the director

### t\.~~ proceed. If. after considering the evidence introduced. the

(1994)Department of Ecology

(1994)RCW 43.21A.614 Steam electric generating plantPowers ofdirector in constructing, operating and maintaining. In order to construct, operate and maintain the single steam power electric generating plantprovided for in RCW 43.21A.610 the director shall have authority: (I) To generate, produce, transmit, deliver, exchange, purchase or sell electric energy and to enter into contracts for any or all such purposes. (2) To construct, condemn, purchase, lease, acquire, add
to. extend. maintain, improve, operate, develop and regulate such steam electric power plant, work and facilities for the generation and/or transmission ofelectric energy and to' take,

• condemn, purchase. lease and acquire any real or personal, public or private property, franchise and property rights, including but not limited to state, county and school lands and properties, for any ofthe purposes herein set forth and for any facilities or works necessary or convenient for use in the construction. maintenance or operation ofsuch work, plant and facilities; providing that the director shall not be authorized to acquire by condemnation any plant, work and facility owned and operated by any city or district, or by a privately owned public utility. (3) To apply to the appropriate agencies ofthe state of Washington. the United States or any state thereof, or to any other proper agency for such permits, licenses or approvals as may be necessary. and to construct, maintain and operate facilities in accordance with such licenses or permits, and to obtain. holdand use such licenses and permits in the same manner as any other person or operating unit. (4) To establish rates for electric energy sold or transmitted by the director. When any revenue bonds or warrants

are outstanding the director shall have the power and shall be required to establish and maintain and collect rates or charges for electric energy furnished or supplied by the director which shall be fair and nondiscriminatory and adequate to provide revenues sufficient for the payment of the principal and interest on such bonds or warrants and all payments which the director is obligated to set aside in any special fund or funds created for such purposes, and for the proper operation and maintenance of the public utility owned

• by the director and all necessary repairs, replacements and renewals thereof. (5) To employ legal, engineering and other professional services and fix the compensation of a managing director 

# •



# • *director of trade and economic development finds that the public utility or agency making the request does not intend to immediately

### proceed with such construction or acquisition or is not financially capable ofcarrying out such construction or acquisition, or finds that the plan ofsuch utility or operating agency is not equally well adapted to serve the public interest, he shall then enter an order so finding and authorizing the director to proceed with the construction or acquisition of the facility. [1988 c 127 § 11; 1985 c 466 § 49; 1965 c 8 § 43.21.260. Prior: 1957 c 275 § 4. Formerly RCW 43.21.260.]

*Revlser's note: Powers. duties. and functions ofthedepartmentof community development and the department oftrade and economic development weretransferredto thedepartment of community, lrIIde,and economic development by 1993 c 280, effective July 1. 1994.
Effective date-Severablllty-198S c 466: See notes foUowing RCW43.31.085. ._. --- ..-.- -43;21A.612

and such other employees as the director may deem necessary to carry on its business, and to delegate to such manager or other employees such authority as the director shall determine. Such manager and employees shall beappointed for an indefinite time and be removable at the will of the director. [i988 c 127 § 12; 1965 c 8 § 43.21.270. Prior: 1957 c 275 § 5. Formerly RCW 43.21.t70.]

RCW 43.21A.616 Steam electric generating plantEminent domain. For the purpose of carrying out any or all ofthe powers herein granted the director shall have the powerofeminentdomain for theacquisition of either

### realor personal property used or useful in connection with the construction offacilities authorized hereunder. Actions in eminent domain pursuant to RCW 43.21A.610 through 43.21A.642 shall 

### bebrought in the name of the state in any
court ofcompetentjurisdiction under the procedure set out in chapter 8.04 RCW. Tbe director may institute condemnation proceedings in the superior courtofany county 

### in which any of the property sought to be condemnedis located or in which the owner thereofdoes business, and the court in any such action shall havejurisdiction to condemn property wherever located within the state. It shall not benecessary to allege or prove any offertopurchase or inability to agree with the owners thereoffor the purchase ofany such property in said proceedings. Upon the filing of a petition for condemnation, as provided 

### in this section, the court.may issue an order restraining the removal from thejurisdiction ofthe state ofany personal property sought to be

### acquired by the proceedings during the pendency thereof. The court shall further have the powerto issue such orders or process as shall be necessary to place the director into possession

..of
any property condemned. [1988 c 127 § 13; 1965 c<;8. § 43.21.280. Prior: 1957 c 275 § 6. Formerly RC'W 43.21.280.]

RCW 43.21A.618 Steam electric generating plantState notrmancially obUgated-Separationandexpendi

### ture offunds. The director shall have no right or power to impose any debt nor to suffer or create any financial obligation upon the state ofWashington or its subdivisions in the execution ofRCW 43.21A.61O through 43.21A.642. No revenues received by the director for the sale of electricity or otherwise, shall be expended except for the. payment oflawful obligations ofthe director and all such

revenues and receipts shall be kept and maintained in a separate fund. [1988 c 127 § 14; 1965 c 8 § 43.21.290. Prior: 1957 c 275 § 7. Formerly RCW 43.21.290.]

RCW 43.21A.620 Steam electric generating plantRevenue bonds and warrants. For the purposes provided for in RCW 43.21A.610 through 43.21A.642, the state finance committee shall, upon being notified to do so by the director, issue revenue bonds or warrants payable from the

revenues from the steam electric plantprovided for in RCW 43.21A.61O. When the director deems it advisable that he acquire or construct said steam electric plant or make additions or betterments thereto, he shall so notify the state finance committee and 

### he shall also notify the state finance committee as to the plan proposed. together with the estimatedcost thereof. The state finance committee, 

### upon receiving

[Ch. 43.2lA-p. 9] " r:

,'",43.Z1A.620



### .Depar1DieritorEcology -------,-.. -

Q t

such notice. shall provide for the construction thereofand 

### the issuance ofrevenue bonds or warrants therefor by a resolution which shall specify and adopt the system or plan proposed. anddeclare the estimated cost thereof. as nearly as may be. including as part ofthe cost. funds necessary for working capital for the operation ofsuch utility and the payment ofthe**~xpenses** incurred in the acquisition or construction thereof. Such resolution shall specify that utility revenue bonds are to be issued to defray the cost thereofand the amount ofsuch bonds to be issued. Bonds issued under the provisions ofRCW 43.21A.61O through 43.21A.642 shall distinctly state that they are not a general obligation ofthe state. [1988 c 127 § 15; 1965 c 8 § 43.21-.300. Prior: 1957 c 275 § 8. Formerly RCW 43.21.300.]

RCW 43.21A.622 Steam electric generating plantSpecial funds-Payment orbonds, interest. When the state finance committee issues revenue bonds as provided 

### in RCW 43.21A.620. it shall. as apart ofthe plan and system. request the state treasurerto establish a special fund or funds to defray the cost ofthe steam electric utility. or additions or betterments thereto or extensions thereof. The state finance committee may obligate and bind the director to set aside and pay to the state treasurer for deposit into such fund or funds a fixed proportion ofthe gross revenue ofthe steam electric utility and all additions or betterments thereto or extensions thereof. or any fixed amount out of. and not exceeding the fixed proportion ofsuch revenue. or a fixed
amount withoutregard 

### to any fixed proportion. or an amount ofthe revenue equal to a fixed percentage ofthe aggregate principal amount ofrevenue bonds at any time issued against the special fund or funds. It may issue and sen utility bonds payable as to both principal and interest only out ofsuch fund or funds. The revenue bonds shall be payable at such places and times. both as to principal and interest, and 

### bear interest at such rates payable semiannually as the state finance committee shall determine. [1988 c 127 § 16; 1965 c 8 § 43.21.310. Prior: 1957 c 275 § 9. Formerly RCW 43.21.310.]

RCW 43.21A.624 Steam electric generating plantConsiderations in issuance ofbonds, limitations. In the issuance ofany bonds hereunderthe state finance committee shall have due regard to the cost ofoperation and maintenance ofthe steam electric utility as 

### acquired. constructed or added to, and to any proportion or amount ofthe revenue previously pledged as a fund for the payment ofrevenue bonds. It shall not require to be set aside into the fund a greater amount or proportion ofthe revenue than in.its judgment and as agreed to by the director will be available

over and above the cost ofmaintenance and operation and any amount or proportion ofthe revenue so previously pledged. Revenue bonds and interestthereon issued against such fund shall be a valid claim ofthe holder thereofonly

as against the fund and the proportion or amount ofthe

revenue pledged thereto. but shall constitute a prior charge

over all othercharges or claims whatsoever against the fund and the proportion or amount ofthe revenues pledged thereto. Each revenue bond shall state on its face that it is

[eb. 43.J1A-p. 10) payable from a special fund. naming the fund and the resolution creating it. [1988 c 127 § 17; 1965 c 8}-, 43.21.320. Prior: 1957 c 275 § 10. Formerly RCU 43.21.320.]

RCW 43.Z1A.626 Steam electric generating plantResolution authorizing Issuance ofbonds, contents, covenants. The resolution ofthe state finance committee authorizing the issuance ofrevenue bonds shall specify the title of the bonds as determined by the state finance committee, and may contain covenants by the committee to protect and safeguard the security and the rights ofthe holders thereof, including covenants as to, among other things: (I) The purpose or purposes to which 

### the proceeds of the sale of the revenue bonds may be applied and the use and disposition thereof; (2) The use and disposition of the gross revenue of the steam electric utility and any additions or betterments thereto

or extensions thereof. the cost ofwhich is to be defrayed with such proceeds, including 

### thecreation and maintenance offunds for working capital 

### to be used in the operation of the steam electric utility and for renewals and replacements thereof; (3) The amount. if any, ofadditional revenue bonds payable from such fund which may be issued and the terms and conditions on which such additional revenue bonds or warrants may be issued; (4) The establishment and maintenance of adequate rates and charges for electric power

### andenergy and other services, facilities. and commodities. sold, furnished or supplied**b'~".** the steam electric utility; 

# l .: (5) The operation. maintenance. management, account-

-»' ing and auditing ofthe electric utility; (6) The terms upon which the revenue bonds. or any of them. may 

### beredeemed at the election of the agency; (7) Limitations upon the right 

### to dispose ofthe steam electric utility or any part thereofwithoutproviding for the payment ofthe outstanding revenue bonds; and (8) The appointment of trustees. depositaries, and paying agents to receive. hold. disburse, invest. and reinvest all or any part ofthe income. revenue. receipts and profits derived by the directorfrom the operation, ownership, and management ofits steam electric utility. [1988 c 127 § 18; 1965 c 8 § 43.21.330. Prior: 1957 c 275 § 11. Formerly RCW 43.21.330.]

RCW 43.2lA.628 Steam electric generating plantSale orbonds. All bonds issued under or by authority of RCW 43.21A.61O through 43.21A.642 shall be sold 

### to the highest and best bidder 

### aftersuch advertising for bids as the state finance committee may deem proper. The state finance committee may reject any and all bids so submitted-and thereafter sell such bonds so advertised under such terms and conditions as the state finance committee may deem most advantageous to its own interests. [1988 c 127 § 19; 1970

ex.s. c 56 § 61; 1969 ex.s. c 232 § 32; 1965 c 8 § 43.21.340. Prior: 1957 c 275 § 12. Formerly RCW 43.21.340.] 

## (0
Purpose-l970 eLI. C 56: See notefollowing RCW 39.52.020.

### ~) Valldatlon--Sanng-Severablllty-I969 n.s. C 132: See notes following RCW 39.52.020.

(1994)**~parbnentofEcology** 

# •

•

• RCW 43.21A.630 Steam electric generating plantExamination, reglstratlon ofbonds by state audltorDefects, irregularities. Prior to the issuance and delivery of
any revenue bonds, such bonds and a certified copy ofthe resolution authorizing them shall be delivered to the state auditor together with any additional information that he may require. When the bonds have been examined they shall be registered by the auditor in books to be kept by him for that
purpose, and a certificate ofregistration shall be endorsed
upon each bond and signed by the auditor or a deputy appointed by him for the purpose. The bonds shall then be prima facie valid and binding obligations ofthe state finance committee in accordance with their terms, notwithstanding any defects or irregularities in the authorization and issuance ofthe bonds, or in the sale. execution or delivery thereof. [1965 c 8 § 43.21.350. Prior: 1957 c 275 § 13. Formerly RCW 43.21.350.]

RCW 43.21A.632 Steam electric generating plantRates orcharges. When revenue bonds are outstanding the director shall establish, maintain, and collect rates or charges for electric power and energy, and other services. facilities and commodities sold and supplied by the director which shall be fair and nondiscriminatory and adequate to provide

revenue sufficient to pay the principal ofand interest on

revenue bonds outstanding, and all payments which the directoris obligated to make to the state treasurer for deposit in any special fund or funds created for such purpose, and for the proper operation and maintenance ofthe utility and all necessary repairs, replacements and renewals thereof. [1988 c 127 § 20; 1965 c 8 § 43.21.360. Prior: 1957 c 275 § 14. Formerly RCW 43.21.360.]

RCW 43.21A.634 Steam electric generating plantRefunding revenue bonds. When the state finance committee has outstanding revenue bonds, the state finance committee, with the concurrence ofthe director, may by resolution provide for the issuance ofrefunding revenue bonds with which to refund the outstanding revenue bonds, or any part thereofat maturity, or before maturity if they are by their
terms or by other agreement, subject to call for prior redemption, with the right in the state finance committee to combine various series and issues ofthe outstanding revenue bonds by a single issue ofrefunding revenue bonds. The refunding bonds shall be payable only out ofa special fund created out ofthe gross revenue ofthe stearn electric utility. and shall only be a valid claim as against such special fund and the amount or proportion ofthe revenue ofthe utility pledged to said fund. The rate ofinterest on refunding

revenue bonds shall not exceed the rate ofinterest on

revenue bonds refunded thereby. The state finance committee may exchange the refunding revenue bonds for the

revenue bonds which are being refunded, or it may sell them in such manner as it deems for its best interest. Except as specifically provided in this section, the refunding revenue bonds shall be issued in accordance with the provisions contained in RCW 43.21A.61O through 43.21A.642 with respect to revenue bonds. [1988 c 127 § 21; 1965 c 8 § 43.21.370. Prior: 1957 c 275 § 15. Formerly RCW 43.21.370.]

(1994) 43.21A.630

RCW 43.21A.636 Steam electric generating plantSignatures on bonds. All revenue bonds, including refunding revenue bonds, shall 

### besigned by the governor and the
state auditor under the seal ofthe state, one ofwhich signatures shall be made manually and the other signature
may be in printed facsimile, and any coupons may have printed or lithographic facsimile ofthe signatures ofsuch officers. [1965 c 8 § 43.21.380. Prior: 1957 c 275 § 16. Formerly RCW 43.21.380.]

RCW 43.21A.638 Steam electric generating plantProvisions oflaw, resolution, a contract with bondholder-Enforcement. The provisions ofRCW 43.21A.610 through 43.21A.642 and any resolution providing for the issuance ofrevenue bonds shall constitute acontract with the holder or holders from time to time ofthe revenue bonds of the state finance committee. Such provisions ofRCW 43.2IA.610 through 43.2IA.642 and ofany such resolution shall be enforceable by any such bondholders by appropriate action in any court ofcompetentjurisdiction. [1988 c 127 § 22; 1965 c 8 § 43.21.390. Prior: 1957 c 275 § 17. Formerly RCW 43.21.390.]

RCW 43.21A.640 Steam electric generating plantBonds are legal security, investment, negotiable. All

revenue bonds issued hereunder shall be legal securities, which may be used by a bank or trust company for deposit with the state treasurer, or by a county or city or.,Jown treasurer, as security for deposits in lieu ofa surety.bond under any law relating to deposits ofpublic moneys

....They shall constitute legal investments for trustees and_9.iher fiduciaries other than corporations doing a trust**busin~** in this state, and for savings and loan associations, bankssand insurance companies doing business in this state: All

revenue bonds and all coupons appertaining thereto shall be negotiable instruments within the meaning and for all

.. purposes ofthe negotiable instruments law. [1965c' 8 § 43.21.400. Prior: 1957 c 275 § 18. Formerly RCW 43.21.400.]

RCW 43.21A.642 Steam electric generating plantDirector not authorized to acquire other facilities or engage in retail distribution. Nothing in RCW 43.2IA.61O through 43.21A.642 shall authorize orempowerthe director
to purchase or acquire any transmission or distribution system or facilities or to engage in the retail distribution of electric energy, or to purchase or acquire any operating hydroelectric generating plant owned by any city or district,

or by a privately owned public utility, or which hereafter may be acquired by any city or district by condemnation. . [1988 c 127 § 23; 1965 c 8 § 43.21.410. Prior: 1957 c 275

§ 19. Formerly RCW 43.21.410.]

RCW 43.21A.6S0 Freshwater aquatic weeds
account. The freshwater aquatic weeds account is hereby created in the state treasury. Expenditures from this account may only be used as provided in RCW 43.21A.660. Moneys in the account may be spent only after appropriation. [1991



### c 302 § 2.]

, FiDdiDgs-I991 c 302: "The legislature hereby finds that Eurasian
water milfoil and ocherfreshwater aquatic weeds can adversely affectfISh
tcs,**43.21A~** 11] "

### 43.21A.6S0**Deparhnentor~ogy**

populations. reduce habitat for desirable plant and wildlife species. and decrease public recreational opportunities. The legislature funher finds thai the spread of freshwater aquatic weeds isa stare-wideproblem and requites

a coordinated response among stale agencies. local governments. and the public. It is therefore theintent ofthe legislature to establish a fundinll

source to reduce the propagation ofEurasian water milfoil and other freshwater aquatic weeds and to manage the problems created by such freshwater squaric plants." [1991 c 302 § 

### I.J

Effective date-I991 c 302: See nOle following RCW 46.16.670.



### RCW 43.21A.660 Freshwater aquatic weeds management program. Funds in the freshwater aquatic weeds account may be appropriated to the department of ecology to develop a freshwater aquatic weeds management program to: (1) 

### Issue grants to cities, counties, and state agencies to prevent, remove, reduce, or manage excessive freshwater aquatic weeds. Such grants shall only be issued for lakes, rivers, or streams with a public boat launching ramp. The department shall give preferenceto 

### projects having matching funds or in-kind services; (2) Develop public education programs relating to preventing the propagation and spread of freshwater aquatic weeds; (3) Provide technical assistance to local governments and citizen groups; and (4) Fund demonstration or pilot projects consistent with the purposes of this section. [1991 c 302 § 

### 4.] Flndings-I991 e 301: See note following RCW 43.2IA.6.50.
Effective date-I991 e 302: See note following RCW 46.16.670.



### RCW 43.21A.670 Senior environmental corpsDepartment powers and duties. (1) 

### The department of ecology shall have the following powers and duties in carrying out its responsibilities for the senior environmental corps created under RCW 43.63A.247: Appoint a representative to the coordinating council; Develop project proposals; Administer project activities withinthe

### agency; Develop appropriate procedures for the use of volunteers; Provide project orientation, technical training. safety training, equipment, and supplies to carry out project activities; Maintain project records and provide project reports; Apply for and accept grants or contributions for corps approved projects; and With the approval of the council, enter into memoranda of understanding and cooperative agreements with federal,state, and local agencies to carry out corps approved projects. (2) The department shall not use corps volunteers to displace currently employed workers. (1992 c 63 § 

### 9.] Severability-I991 e 63: See note following RCW 43.63A.240.



### RCW 43.21A.680 Solid waste plan advisory committee abolished. The director of ecology shall abolish the solid waste plan advisory committee effective July I, 1994. [1994 1st sp.s. c 9 § 

### 804.]
Severability-Headings and captions not Iaw-Etlectlve date1994 1st ap.s. e 9: See RCW 18.79.900 through 18.79.902.

[eb. 43.11A-p. UI 

### RCW 43.2lA.900 Chapterto be IiberaJ)y 

### construed. The rule of strict construction shall have no application to this chapter and it shall be 

### liberally construed in order

### t~) carry out the broad purposes set forth in RCW43.21A.020,J [1970 ex.s. c 62 § 

### 27.]

RCW 43.21A.910 Savings-Permits, standards not arrected-SeverabUity-Etrective date-1970 ex.s, c 62. See notes following RCW 43.2IA.01O.



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(1994)