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 of ecology-Created.

43.2IA.OSO Department of ecology-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.I 00 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 Director to consult with department. stale board of health.

43.2IA.150 Director to 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 of environmental 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 of the state as affecting

department, director andcommission.

43.2IA.350 Master plan of development.

43.2IA.355 Master plan of development-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 East Selah reregulating reservoir.

(1994)

43.2IA.470 Yakima enhancement 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 laws and

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 of electric power resourees-Cooperation with

governmental units.

43.2IA.610 Stearn electric generating plant-e-Study-e-Construction.

43.2IA.612 Steam electric generating plant-Statement of intentionConstruction by public utility, operating agency. or the

department, procedure-Powers of director of trade and

economic development.

43.2IA.6l4 -Steamelectric generating plant-Powers of director in constructing, operating and maintaining.

43.2IA.6l6 Stearn electric 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

of bonds, 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 Steam electric 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 are legal 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 Senior environmental 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. Helens eruption

aulhoriuJ-Exception: RCW 43.21C.500, 89.16.500, 90.58.500.

Fundingfor radiation monitoring programs. depanment of ecology /0 seek:

RCW 70.98.122.

Metals mining and milling operations. department of ecology responsibilitin: Chapter 78.56Rcw. -

Minimum flows and levels-s-Departmental authority exclusive-Other

recommendations considered: RCW 90.03.247.

RCW 43.21A.OIO Legislative declaration of state

policy on environment and utilization of natural 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 of its 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 of our society to plan. coordinate. restore and

regulate the utilization of our natural resources in a manner

that will protect and conserve our clean air. our pure and

abundant waters. and the natural beauty of the state. [1970

ex.s. c 62 § 1.]

Savings-Other powers and rights not arrected-Permlts,

standards, not afJ'ected-1970 ex.s. e 62: provisions of Ibis act shall

not impair or supersede the powers or rights of any person. committee,

association. public. municipal or private corporations. state or local

governmental agency. federal agency. or politicalsubdivisiooof thestale of

Washington under any other law except as specifically provided herein.

Pollution control permits, water quality standards. air pollution pennits. air

quality standards. and permits for disposal of solid waste materials of Ibis

state are not changed hereby and the laws governing the same are to be

protected and preserved." [1970 ex.s, c 62 § 61.)

Effective date-I970 ex.s. e 62: "This 1970 amendatory 8ct shall

take effect on July I. 1970." [1970 ex.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 remainderof the act, or the applicationof the provisionto other

persons or circumstances. shall not be affected." [1970 ex.s. c 62 § 65.]

RCW 43.21A.020 Purpose. In recognition of the

responsibility of state government to carry out the policies

set forth in RCW 43.21A.OI0. it is the purpose of this

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 a department of ecology

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 of ecology.

(2) "Director" means the director of the department of

ecology.

(3) "Commission" means the ecological commission.

(1970 ex.s. c 62 § 3.]

RCW 43.21A.04O Department of ecology-Created.

There is created a department of state government to be

known as the department of ecology. [1970 ex.s. c 62 § 4.]

RCW 43.21A.OSO Department of ecologyDirector-Appointment-Powers and duties--SalaryTemporary appointment when vacancy. The executive

leb. 43.21A--9- 21

and administrative head of the department shall be the

director. The director shall be appointed by the governor

with the consent of the 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 of RCW 43.03.040. If a vacancy occurs

in the position of director 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.]

RCW 43.21A.061 Powers and duties-Reclamation.

The department of ecology shall exercise all the powers and

perform all the duties prescribed by law with respect to the

reclamation and development of arid. swamp. overflow. and

logged-off lands 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-Short tltle-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 department of ecology shall

have the following powers and duties:

(1) The supervision of public waters within the 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 of all dam( \;

canals. ditches. irrigation systems, hydraulic power plan~.---.../

and all other works, systems. and plants,pertaining to the use

of water. 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

of lakes 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 of the office. and all

certificates by him covering any of his acts or the acts of his

office. or the records and files of his office. under such seal.

shall be taken as evidence thereof in all courts;

(6) He shall render when required by the governor. a

full written report of the work of his office with such

recommendations for legislation as he may deem advisable

for the better control and development of the water resources

of the 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 of Ecology

•

•

•

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.]

Review of permit applicaJioru to divert and store waser, waJerflow policy:

RCW 75.20.050.

Water power development, license feu: RCW 90./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-8bort title-CoDstructioD-Rules-8everabllityCaptions-1987 c 109: See notes following RCW 43.218.001.

RCW 43.21A.069 Powers and duties-Flood

control. The department of ecology 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-8bort title-CoDstruction-Rules-8everabllityCaptions-l987 c 109: See notes followmg RCW 43.218.001.

RCW 43.21A.070 Application of administrative

procedure act to the review of decisions by director. The

administrative procedure act, chapter 34.05 RCW, shall apply

to the review of decisions by the director to the same extent

as it applied to decisions issued by the directors of the

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 all other decisions of the director as in chapter

34.05 RCW provided. [1970 ex.s. c 62 § 7.]

-Reviser's Dote: For "this 1970 amendatory act" [1970 ex.s. c 621.

see Codification Tables. Volume O.

RCW 43.21A.080 Rules and regulations. The

director of the department of ecology is authorized to adopt

such rules and regulations as are necessary and appropriate

to carry out the provisions of this chapter. [1970 ex.s. c 62

§ 8.]

RCW 43.21A.08S Technical assistance officer and

units-Coordination of voluntary compliance with

regulatory laws. The department, to the greatest extent

possible, within available resources and without jeopardizing

the department's ability to carry out its legal responsibilities,

(1994)

may designate one or more of its employees as a technical

assistance officer, and may organize the officers into one or

more technical assistance units within the department. The

duties of a 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 of the designation, have

authority to issue orders or assess penalties on behalf of the

department. Such an employee who provides on-site

consultation at an industrial or commercial facility and who

observes violations of the law shall inform the owner or

operator of the 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 of the law must be reported to the

appropriate officers within the department. If the owner or

operator of the 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 of the law that places a

person in danger of death or substantial bodily harm, or-has

caused or is likely to cause physical damage to the property

of others 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 or employees

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 of their 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, That the director may 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 of the department whenever it appears desirable in fulfilling the policy and purposes of this chapter.

[1970 ex.s -.c 62 § 9.]

-Reviser's note: For "this 1970 amendatory act" [1970 ex.s. c 62),

see Codification Tables. Volume O.

RCW 43.21A.IOO Departmental administrative

divisions--Deputy director, duties-Assistant directors,

duties-As exempt (rom state civil service law-Salaries.

In order to obtain maximum efficiency and effectiveness

within the department, the director may create such administrative divisions within the department as he deems neces-

(eb. 43.2IA-p. 3]
43.11A.l00

---.- ..-.----.-.- ...

Department or Ecology

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

successor to 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 RCW 41.06.073.

shall be paid salaries to be fixed by the governor in accordance with the procedure established by law for the 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 with the rules of the state

civil service "taw, chapter 41.06 RCW. [1970 ex.s. c 62 §

12.]

RCW 43.21A.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 of specific 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 behalf of

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 furnished under the 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 the competitive position of such owner or operai\.--../

if released 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 of the 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 or certified laboratories by persons submitting data or results to department.

The director of ecology may certify environmentallaboratories which conduct tests or prepare data for submittal to the

department. Fees for certification may be charged by the

department 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) Such othedaetors 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 of

the 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 and fee requirements. Laboratories owned by

persons holding wastewater discharge permits and operated

solely 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 for the 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 of development. 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 of the 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 improvement is proposed to be established

by the state, the state agency having charge of the establishme~t thereof shall request of the 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 of their proposed

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-Sbort tltle-Constructlon-Rules-SeverabilltyCaptlons-1987 c 109: See DOtes following RCW 43.218.001.

RCW 43.21A.355 Master plan of developmentPublic bearings. The director may bold public hearings, in

connection with any duty prescribed in RCW 43.21A.350

and 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 of Oregon and California. There are some three million acres of submerged 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 of animal life in the waters

of the 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 substances pollution: RCW 90.56.010 through

90.56.280.

RCW 43.21A.410 Marine poUution-Baseline study

program estabUshed-Utillzatlon of related programsCoordination-Contracts. As part of the state effort to

prevent and control oil pollution, a continuing, comprehensive program of systematic baseline studies for the waters of

the state shall be established by the department of ecology.

Full utilization of related historical data shall be made in

planning these studies. Data from 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 of environmental

damage resulting from oil pollution, as indicators of the

potential or existing risks and impacts of oil 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 of the

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

of higher 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 of the state

of Washington and further declares that immediate steps

~ust be undertaken 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 of waterborne traffic, and the need for a greater

supply of petroleum products.

A program of systematic baseline studies to be conductby the department of ecology has been 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 of considerable

magnitude and difficulty. The marine shoreline of the 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 of damage 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 used or may be used for

[Cb. 43.21A-p. 5]
43.21A.420 Department of Ecology

the harvesting, gathering, or production of food 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 of a 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 of any 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 department of ecology is authorized to participate

fully in and is empowered to administer all programs of the

federal 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 of Part C of the

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 of ecology, 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 of the 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 of the oil and gas conservation

committee were transferred to the department of natural resources by 1994

lst sp.s. c 9.

Effective date-Severablllty-1989 1st ex.s. e 9:· See RCW

43.70.910 and 43.70.920.

Severability-I983 c 170: See note following RCW 90.48.260.

Adoption of rules for on-site sn'ag~ disposal systems adjacent to marine

waters: RCW 90.48.264.

Drinking water quality consumer comptainu: RCW 80.04./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 of Washington to implement

[Cb. 43,ZIA-p. 6]

understanding reached with the Province of British Columbia I.

in relation to a joint venture with British Columbia for

controlling the outflow and level of Lake 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 department of 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 real property interests necessary thereto

by purchase, grant, gift, or eminent domain; provided that

the authority of eminent domain as granted to the department

under this section is limited to acquiring property necessary

for access to the control structure, location of abutments for

the control structure, and flowage easements if necessary.

(3) The department may accept and administer grants or

gifts from any source for the purpose of carrying out

subsection (2) of this section.

(4) The department may exercise its powers under

subsection (2) of this section directly or through contracts,

except that it may not delegate its authority of eminent

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) of this section. [1985 c 27 § I; 1982 c 76 §

I.]

Intent-l98S e 27; 1982 c 76: "It is the intent of this legislature in

enacting RCW 43,ZIA.4S0 that total capital costs for the said project be

shared equally by Washington state and British Columbia." [198S c270.. 2; 1982 c 76 § 2.1 ~.

RCW 43.21A.460 East Selah reregulating reservoir.

(1) The legislature recognizes the need to improve the

control and regulation of the waters of the 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

of the 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.of reclamation. 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 of ecology requires to ensure that the objectives

of this 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 of the

(1994)
Department or Ecology

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 for payment 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 of the value of the 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 of the department of ecology

shall:

(a) Continue to participate with the federal government

in its studies of the Yakima enhancement project and of

options for future development of the second half of the

Columbia Basin project;

(b) Vigorously represent the state's interest in said

studies, particularly as they relate to protection of existing

water rights and resolution of conflicts in the adjudication of

the Yakima river within the framework of state water rights

law and propose means of resolving 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) of this

section, for federal authorization elements of the Yakima

enhancement project which: Have general public support

and acceptable cost-sharing arrangements, meet study

objectives, 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 of promoting cooperation between all

interested parties and to effectuate the efficient and satisfactory implementation of the Yakima' enhancement project. the

state requests that Congress authorize the construction of a

pipeline between Keechelus Lake and Kachess Lake as one

of the elements of early implementation of the 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 of section. 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 of ecology, for operations

within such county: PROVIDED, That the applicable

legislative authority shall promptly notify the department of

ecology within five days of the emergency action taken and

the emergent nature of the problem. The notification shall

be made to the water resources district supervisor of the

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 1st ex.s. e I: See note following RCW

43.01.200.

SeverabUlty-I982 e 7: See note following RCW 36.01.1SO.

RCW 43.21A.SIO State environmental prome. In

order to assist the *department of trade and economic

development in providing information to businesses interested in locating in Washington state, the department shall

develop an .environmental profile of the state. This profile

shall identify the state's natural resources and describe how

these assets are valuable to industry. Examples of information 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 of trade and economic

development were transferred to the department of community. 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) that environmental regulations that preserve the

quality of the environment can enhance economic development and the

determination by new businesses where to locate and can lead to the

creation of jobs and new industries, and (3) that some areas of the state

have been and might be handicapped in their economic development efforts

because of perceived environmental problems. Thus. the legislature deciares

that it is thepolicy of this state to recognize and emphasize the importance

of the state's natural environment in its economic development effonsin

attracting and maintaining businesses:" [1984 c 94 § 1.]

RCW 43.21A.51S Assistance to businesses interested

in locating in Washington required-Information on

environmental laws and regulations to be provided. In

order to emphasize the importance of the state's environmental laws and regulations and to facilitate compliance with

them, the department of ecology shall provide assistance to

businesses interested in locating in Washington state. When

the *department of tradeand economic development receives

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 of compliance. 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 of thedepartment of

community development and the department of trade and economic

development were transferred to the department of community. 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 department of 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 of products

that are made from recycled materials. easy to recycle.

substitute for more hazardous products. or otherwise help

protect the environment. Application for the award shall be

voluntary. The awards may be made in a variety of product

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 of equal representation of:

(a) Product manufacturing or other business representatives;

(b) environmental representatives; (c) labor or consumer

representatives; and (d) independent technical experts.

Members of the subcommittee need not necessarily be

regular members of the 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 Dot law-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 of the electric power

resources of the state by public utility districts. municipalities. electric cooperatives, joint operating agencies and public

utility companies. The director may cause studies to be

made relating to the construction of steam 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 of electric: power

resources-Cooperation with governmental units. The_,

director may represent the state and aid and assist the pub¥/" ')

utilities therein to the end that its resources shall be propen.J

developed in the public interest insofar as they affect elec.tric

power and to this end he shall cooperate and may negoua~e

with Canada. the United States. the states thereof and their

agencies to develop and integrate the resources of theregion.

[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. The director shall continue thestudy

of the state power commission made in 1956 relating to the

construction of a stearn power electric generating plant, and

if the construction of a 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 of intention-Constructlon by public utility,

operating agency, or the department, procedure-Powers

of -director of trade and economic development. Before

the director shall construct said 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 of general circulation 10 the coun~ or-~ountl~ <:.'

which such project is located a statement of mtention setting

forth the general nature, extent and location of the 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 of publication of such notice. If the director

determines that it is in the best public interest that the

director proceed with such construction rather than the public

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 of trade 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 of carrying 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 of its right or

interest in the project to the director 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 of such 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 of director in constructing, operating and maintaining. In order to construct, operate and maintain the

single steam power electric generating plant provided 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 of electric 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 of the purposes herein set forth and

for any facilities or works necessary or convenient for use in

the construction. maintenance or operation of such 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 of the 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. hold and 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 of carrying out such construction or acquisition, or finds that the plan of such 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 of the department of

community development and the department of trade and economic

development were transferred to the department of community, lrIIde, and

economic development by 1993 c 280, effective July 1. 1994.

Effective date-Severablllty-198S c 466: See notes foUowing

RCW 43.31.085.

._. --- ..-.--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 be appointed

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 of the powers herein granted the director shall have the

power of eminent domain for the acquisition of either real or

personal property used or useful in connection with the

construction of facilities authorized hereunder. Actions in

eminent domain pursuant to RCW 43.21A.610 through

43.21A.642 shall be brought in the name of the state in any

court of competent jurisdiction under the procedure set out

in chapter 8.04 RCW. Tbe director may institute condemnation proceedings in the superior court of any county in which

any of the property sought to be condemned is located or in

which the owner thereof does business, and the court in any

such action shall have jurisdiction to condemn property

wherever located within the state. It shall not be necessary

to allege or prove any offer to purchase or inability to agree

with the owners thereof for the purchase of any 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 the jurisdiction

of the state of any personal property sought to be acquired

by the proceedings during the pendency thereof. The court

shall further have the power to 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 not rmancially obUgated-Separation and expenditure of funds. The director shall have no right or power to

impose any debt nor to suffer or create any financial

obligation upon the state of Washington or its subdivisions

in the execution of RCW 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 of lawful obligations of the 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 plant provided 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 estimated cost thereof. The state finance committee, upon receiving

[Ch. 43.2lA-p. 9]

r:

"

,'",
43.Z1A.620 .Depar1Dieritor Ecology

-------,-.. -

Q t

such notice. shall provide for the construction thereof and the

issuance of revenue 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 of the cost. funds necessary for

working capital for the operation of such utility and the

payment of the ~xpenses incurred in the acquisition or

construction thereof. Such resolution shall specify that

utility revenue bonds are to be issued to defray the cost

thereof and the amount of such bonds to be issued. Bonds

issued under the provisions of RCW 43.21A.61O through

43.21A.642 shall distinctly state that they are not a general

obligation of the 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 or bonds, interest. When the

state finance committee issues revenue bonds as provided in

RCW 43.21A.620. it shall. as a part of the plan and system.

request the state treasurer to establish a special fund or funds

to defray the cost of the 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 of the gross revenue of the steam

electric utility and all additions or betterments thereto or

extensions thereof. or any fixed amount out of. and not

exceeding the fixed proportion of such revenue. or a fixed

amount without regard to any fixed proportion. or an amount

of the revenue equal to a fixed percentage of the aggregate

principal amount of revenue 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 of such

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 of bonds, limitations. In the

issuance of any bonds hereunder the state finance committee

shall have due regard to the cost of operation and maintenance of the steam electric utility as acquired. constructed or

added to, and to any proportion or amount of the revenue

previously pledged as a fund for the payment of revenue

bonds. It shall not require to be set aside into the fund a

greater amount or proportion of the revenue than in.its

judgment and as agreed to by the director will be available

over and above the cost of maintenance and operation and

any amount or proportion of the revenue so previously

pledged. Revenue bonds and interest thereon issued against

such fund shall be a valid claim of the holder thereof only

as against the fund and the proportion or amount of the

revenue pledged thereto. but shall constitute a prior charge

over all other charges or claims whatsoever against the fund

and the proportion or amount of the 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 of bonds, contents,

covenants. The resolution of the state finance committee

authorizing the issuance of revenue 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 of the 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 of which is to be defrayed

with such proceeds, including the creation and maintenance

of funds 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, of additional 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 and energy 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 of the electric utility;

(6) The terms upon which the revenue bonds. or any of

them. may be redeemed at the election of the agency;

(7) Limitations upon the right to dispose of the steam

electric utility or any part thereof without providing for the

payment of the outstanding revenue bonds; and

(8) The appointment of trustees. depositaries, and paying

agents to receive. hold. disburse, invest. and reinvest all or

any part of the income. revenue. receipts and profits derived

by the director from the operation, ownership, and management of its 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 or bonds. 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 after such 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 note following 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 of bonds by state audltorDefects, irregularities. Prior to the issuance and delivery of

any revenue bonds, such bonds and a certified copy of the

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 of registration 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 of the state finance

committee in accordance with their terms, notwithstanding

any defects or irregularities in the authorization and issuance

of the 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 or charges. 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 of and interest on

revenue bonds outstanding, and all payments which the

director is 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 of the 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 of the director, may by resolution

provide for the issuance of refunding revenue bonds with

which to refund the outstanding revenue bonds, or any part

thereof at 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 of the outstanding revenue

bonds by a single issue of refunding revenue bonds. The

refunding bonds shall be payable only out of a special fund

created out of the gross revenue of the stearn electric utility.

and shall only be a valid claim as against such special fund

and the amount or proportion of the revenue of the utility

pledged to said fund. The rate of interest on refunding

revenue bonds shall not exceed the rate of interest 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 be signed by the governor and the

state auditor under the seal of the state, one of which

signatures shall be made manually and the other signature

may be in printed facsimile, and any coupons may have

printed or lithographic facsimile of the signatures of such

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 of law, resolution, a contract with bondholder-Enforcement. The provisions of RCW 43.21A.610

through 43.21A.642 and any resolution providing for the

issuance of revenue bonds shall constitute a contract with the

holder or holders from time to time of the revenue bonds of

the state finance committee. Such provisions of RCW

43.2IA.610 through 43.2IA.642 and of any such resolution

shall be enforceable by any such bondholders by appropriate

action in any court of competent jurisdiction. [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 of a surety. bond

under any law relating to deposits of public 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 of the 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 or empower the 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 ocher freshwater aquatic weeds can adversely affect fISh

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 is a stare-wideproblem and requites

a coordinated response among stale agencies. local governments. and the

public. It is therefore the intent of the legislature to establish a fundinll

source to reduce the propagation of Eurasian 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 preference to 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 within the 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 Chapter to 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 RCW 43.21A.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.

()

(1994)