# Chapter 43.21A RCW



# Depar tment of ecolog y Chapter Listing | RCW Dispositions 

# RCW Sections 43.21A.005 Intent
-- Public involvement and outreach. 43.21A.010 Legislative declaration of state policy on environment and utilization of

natural resources. 43.21A.020 Purpose. 43.21A.030 Definitions. 43.21A.040 Department of ecology
-- Created. 43.21A.050 Department of ecology
-- Director
-- Appointment
-- Powers and duties
--

Salary
-- Temporary appointment when vacancy. 43.21A.061 Powers and duties
-- Reclamation. 43.21A.064 Powers and duties
-- Wa ter resources. 43.21A.067 Wa ter resources -- "Basic data fund" created. 43.21A.068 Feder al power act licensees
-- Exemption from state requirements. 43.21A.069 Powers and duties
-- Flood control. 43.21A.070 Application of administrative procedure act to the review of decisions by

director. 43.21A.080 Rule
- making authori ty. 43.21A.085 Technical assistance officer and units
-- Coordination of voluntary

compliance with regulatory laws. 43.21A.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.100 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
- - Limitations. 43.21A.140 Director to consult with department, state board of health. 43.21A.150 Director to consult with other states, federal government and Canadian

provinces
-- Authority to receive and disburse grants, funds and gifts.

## 43.21A.155 Environmental excellence program agreements
-- Effect on chapter.

43.21A.160 Request for certification of records as confidential
-- Procedure. 43.21A.165 Environmental technology
-- Review of certification programs
--

Demonstratio n activities. 43.21A.175 Environmental certification programs
-- Fees
-- Rules
-- Liability. 43.21A.230 Certification of environmental laboratories authorized
-- Fees
-- Use of

certified laboratories by persons submitting data or results to department. 43.21A.235 Exemption from laboratory certification and fee requirements. 43.21A.250 Pollution control hearings board of the state as affecting department,

director and commission. 43.21A.350 Master plan of development. 43.21A.355 Master plan of development
-- Public hearings. 43.21A.405 Marine pollution
- - Baseline study program
-- Legislative finding and

declaration. 43.21A.410 Marine pollution
-- Baseline study program established
-- Utilization of

related progra ms -- Coordination
-- Contracts. 43.21A.415 Marine pollution
-- Baseline study program
-- Scope of database

produced. 43.21A.420 Marine pollution
-- Baseline study program
-- Priority factors. 43.21A.430 Catalytic converters in police, ambulance or emergency aid vehicles
--

Department's powers restricted in respect thereto. 43.21A.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 W ater Act
-- Agreements with other departments. 43.21A.450 Control of outflow and level of Lake Osoyoos
-- Lake Osoyoos

International W ater Control Struct ure authorized. 43.21A.470 Yakima enhancement project
-- Duties
-- Request for congressional

authorization for pipeline. 43.21A.510 State environmental profile. 43.21A.515 Assistance to businesses interested in locating in W ashington required
--

Information on environmental laws and regulations to be provided. 43.21A.520 Environmental excellence awards program for products. 43.21A.600 Powers and duties
-- Electric power resources. 43.21A.605 Development of elect ric power resources
-- Cooperation with

## governmental units.

43.21A.610 Steam electric generating plant
-- Study
-- Construction. 43.21A.612 Steam electric generating plant
-- Statement of intention
-- Construction

by public utility, operating agency, or the department, procedure
-- Powers of director of community, trade, and economic development. 43.21A.614 Steam electric generating plant
-- Powers of director in constructing,

operating and maintaining. 43.21A.616 Steam electric generating plant
-- Eminent domain. 43.21A.618 Steam electric generating plant
-- State not financially obligated
--

Separation and expenditure of funds. 43.21A.620 Steam electric generating plant
-- Revenue bo nds and warrants. 43.21A.622 Steam electric generating plant
-- Special funds
-- Payment of bonds,

interest. 43.21A.624 Steam electric generating plant
-- Considerations in issuance of bonds,

limitations. 43.21A.626 Steam electric ge nerating plant
-- Resolution authorizing issuance of

bonds, contents, covenants. 43.21A.628 Steam electric generating plant
-- Sale of bonds. 43.21A.630 Steam electric generating plant
-- Examination, registration of bonds by

state auditor
-- Defects, irregularities. 43.21A.632 Steam electric generating plant
-- Rates or charges. 43.21A.634 Steam electric generating plant
-- Refunding revenue bonds. 43.21A.636 Steam electric generating plant
-- Signatures on bonds. 43.21A.638 Steam electric generating plant
-- Provisions of law, resolution, a contract

with bondholder
-- Enforcement. 43.21A.640 Steam electric generating plant
-- Bonds are legal security, investment,

negotiable. 43.21A.642 Steam electric generating plant
-- Director not authorized to acquire other

facilities or engage in retail distribution. 43.21A.650 Freshwater aquatic weeds account. 43.21A.660 Freshwater aquatic weeds management program. 43.21A.662 Freshw ater aquatic weeds management program
-- Advisory committee. 43.21A.667 Freshwater aquatic algae control account
-- Freshwater aquatic algae

control program
-- Rep orts to the legislature. 43.21A.680 Solid waste plan advisory committee abolished. 43.21A.681 Geoduck aquaculture operations
-- Guidelines
-- Rules.

## 43.21A.690 Cost
- reimbursement agreements.

43.21A.900 Chapter to be liberally construed. 43.21A.910 Savings
-- Permits, standards not affected
-- Severability
-- Effective date

-- 1970 ex.s. c 62. 

# Notes: Funding for radiation monitoring programs, department of ecology to seek: RC W 70.98.122

. Metals mining and milling operations, department of ecology responsibilities: Chapter 78.56 RCW

. Minimum flows and levels
-- Departmental authority exclusive
-- Other recommendat ions considered: RC W 90.03.247

. 43.21A.005 Intent — Public involvement and outreach. See RC W 43.20A.005

.



## 43.21A.010 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 Wa shington to live in a 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 ind ustrial, 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 wi ll protect and conserve our clean air, our pure and abundant waters, and the natural beauty of the state. [1970 ex.s. c 62 § 1.] Notes: 

## Savings -- Other powers and rights not affected -- Permits, standards, not affected -- 1970 ex.s. c 62: "The provisions of this 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 political subdivision of the state of Wa shington under any other law except as specifically provided herein. Pollution control permits, water quality standards, air pollution permits, air quality standards, and permits for disposal of solid waste materials of this state are not

## changed hereby an d the laws governing the same are to be protected and preserved."

[1970 ex.s. c 62 § 61.] Effective date -- 1970 ex.s. c 62: "This 1970 amendatory act shall take effect on July 1, 1970." [1970 ex.s. c 62 § 64.] Severability -- 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 remainder of the act, or the application of the provision to other persons or circumstances, shall not be affected." [1970 ex.s. c 62 § 65. ]

43.21A.020 Purpose. In recognition of the responsibility of state government to carry out the policies set forth in RC W 43.21A.010 , 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 depar tment 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 gov ernment 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.]



## 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.]



## 43.21A.040 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.]



## 43.21A.05 0 Department of ecology — Director — Appointment — Powers and duties — Salary — Temporary appointment when vacancy. The executive and administrative head of the department shall be the director. The director shall be appointed by the governor with the cons ent of the senate. He or she shall have complete charge of and supervisory powers over the department. He or she shall be paid a salary fixed by the governor in accordance with the provisions of RC W 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 or she shall present to that body his or her nomination for the position. [2009 c 549 § 5081; 1970 ex.s. c 62 § 5.]



## 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; 1965 c 8 § 43.21.110

. Prior: 1921 c 7 § 70; RRS § 10828. Formerly RC W 43.21.110 .] Notes: 

## Purpose -- Short title -- Construction -- Rules -- Severability -- Captions -- 1987 c 109: See notes following RC W 43.21B.001

.

43.21A.064 Powers and duties — Water resources. Subject to RC W 43.21A.068 , 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) Ins ofar as may be necessary to assure safety to life or property, the director shall inspect the construction of all dams, canals, ditches, irrigation systems, hydraulic power plants, and all other works, systems, and plants pertaining to the use of water, an d 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) The director shall regulate and control the diversion of water in accordan ce with the rights thereto;

(4) The director 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) The director shall, if requested, provide assistance to an applicant for a water right in obtaining or developing an adequate and appropriate supply of water consistent with the land use permitted for the area in which the water is to be used and the population forecast for the area under RCW 43.62.035 . If the applicant is a public water supply system, the supply being sought must be used in a manner consistent with applicable land u se, watershed and water system plans, and the population forecast for that area provided under RC W 43.62.035 ; (6) The director shall keep such records as may be necessary for the re cording of the financial transactions and statistical data thereof, and shall procure all necessary documents, forms, and blanks. The director shall keep a seal of the office, and all certificates covering any of the director's acts or the acts of the dire ctor's office, or the records and files of that office, under such seal, shall be taken as evidence thereof in all courts; (7) The director shall render when required by the governor, a full written report of the office's work with such recommendatio ns for legislation as the director deems advisable for the better control and development of the water resources of the state; (8) The director and duly authorized deputies may administer oaths; (9) The director shall establish and promulgate r ules governing the administration of chapter 90.03 RCW ; (10) The director shall perform such other duties as may be prescribed by law. [1997 c 443 § 2; 1995 c 8 § 3; 1977 c 75 § 46; 19 65 c 8 § 43.21.130 . 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 RC W 43.21.130 .] Notes: 

## Finding -- Intent -- 1997 c 443: "The legislature finds that there is a need for development of additional water resources to meet the forecasted population growth in the state. It is the intent of chapter 443, Laws of 1997 to direct the responsible agencies to assist applicants seeking a safe and reliable water source for their use. Providing this assistance for public water supply systems can be accomplished through assistance in the creation of municipal interties and transfers, additional storage capabilities, enhanced conservation ef forts, and added efficiency standards for using existing supplies." [1997 c 443 § 1.] Findings -- 1995 c 8: "The legislature finds and declares: (1) The federal energy regulatory commission, under the federal power act, licenses hydropower proj ects in navigable waters and regularly and extensively inspects facilities for safety; and (2) Nothing in this act alters or affects the department of ecology's authority to: (a) Participate in the federal process of licensing hydropower projects; or (b) ensure that hydropower projects comply with federal statutes such as the coastal zone management act and the clean water act and, subject to RC W 43.21A.068 , al l applicable state law." [1995 c 8 § 1.] Review of permit applications to divert and store water, water flow policy: RC W

## 77.57.020

.

Wa ter power development, license fees: RCW 90.16.050 , 90.16.060 , 90.16.090

.

43.21A.067 Water resources — "Basic data fund" created. The director of ecology may create within his or her 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, groundwater 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 obtaini ng 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 surv ey. [2009 c 549 § 5082; 1987 c 109 § 27; 1967 c 53 § 1; 1965 c 8 § 43.21.140 . Prior: 1951 c 57 § 4; 1943 c 30 § 1; Rem. Supp. 1943 § 5505
- 1. Formerly RC W 43.21.140 .] Notes: 

## Purpose -- Short title -- Construction -- Rules -- Severability -- Captions -- 1987 c 109: See notes following RC W 43.21B. 001

.

43.21A.068 Federal power act licensees — Exemption from state requirements. (1) W ith respect to the safety of any dam, canal, ditch, hydraulic power plant, reservoir, project, or other work, system, or plant that requires a license under the federal power act, no licensee shall be required to: (a) Submit proposals, plans, specifications, or other documents for approval by the department; (b) Seek a permit, license, or other form, permission, or authorization from the department; (c) Submit to inspection by the department; or (d) Change the design, construction, modification, maintenance, or operation of such facilities at the demand of the department. (2) For the purposes of this section, "licensee" means an owner or operator, or any employee thereof, of a dam, canal, ditch, hydraulic power plant, reservoir, project, or other work, system, or plant that requires a license under the federal power act. [1995 c 8 § 2.]Notes:



## Findings -- 1995 c 8: See note follo wing RC W 43.21A.064

.

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 .] Notes: 

## Purpose -- Short title -- Construction -- Rules -- Severability -- Captions -- 1987 c 109: See note s following RC W 43.21B.001

.

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 f unctions are transferred by chapter 62, Laws of 1970 ex. sess. 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.]



## 43.21A.080 Rule - making authority. 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 chapt er: PROVIDED, That the director may not adopt rules after July 23, 1995, that are based solely on a section of law stating a statute's intent or purpose, on the enabling provisions of the statute establishing the agency, or on any combination of such provi sions, for statutory authority to adopt the rule. [1995 c 403 § 103; 1970 ex.s. c 62 § 8.] Notes:

## Findings -- Short title -- Intent -- 1995 c 403: See note following RC W 34.05.328

.

Part headings not law -- Severability -- 1995 c 403: See RC W 43.05.903 and 43.05.904

.

43.21A.085 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 respons ibilities, 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 volunta ry compliance with the regulatory laws administered by the department and to provide technical assistance concerning compliance with the laws. [1992 c 19 § 1.]



## 43.21A.087 Technical assistance officer and units — Authority to issue orders or assess pen alties. (1) 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 r egarded 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 a viol ation 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, the department may initiate enforcement action i mmediately 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.]



## 43.21A.090 Powers, duties and functions transferred to department to be performed by director — Delegati on by director, limitations.All powers, duties and functions transferred to the department by the terms of chapter 62, Laws of 1970 ex. sess.

shall be performed by the director: PROVIDED, That the director may delegate, by appropriate rule or regulation, the performance of such of his or her 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 purp oses of this chapter. [2009 c 549 § 5083; 1970 ex.s. c 62 § 9.]



## 43.21A.100 Departmental administrative divisions — Deputy director, duties — Assistant directors, duties — As exempt from state civil service law — Salaries. In order to obtain maximum ef ficiency and effectiveness within the department, the director may create such administrative divisions within the department as he or she deems necessary. 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. [2009 c 549 § 5084; 1970 ex.s. c 62 § 10.]



## 43.21A.120 Director to employ personnel — Application 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 ch apter: PROVIDED, That except as specified in RC W 41.06.073 , such employment shall be in accordance with the rules of the state civil service law, chapter 41.06 RCW

. [1970 ex.s. c 62 § 12.]



## 43.21A.130 Studies — Limitations. (1) In addition to any other powers granted the director, the director may undertake studies dealing with all aspects of environmental problems invo lving land, water, or air; however, 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. (2)(a) Any studies conducted by the departm ent to establish the total maximum daily load of a water body under chapter 90.48 RCW must involve meaningful participation and opportunities to comment by the local watershed planning grou p established in chapter 90.82 RCW , the local governments whose jurisdictions are within the affected watershed, and any affected or concerned citizen who notifies the department of his or her interest in participating.Technical or procedural disputes or disagreements that arise durin g the participation and comment process may be

presented to the director for review. The director shall conduct a review of the disputed items and issue written findings and conclusions to all interested participants. (b) If a study conducted on the total maximum daily load of a water body may affect a new or renewed national pollution discharge elimination permit under chapter 90.48 RCW , the department must disclose prior to the finaliz ation of the study the precision and accuracy of data collected, computer models developed, and assumptions used. [2002 c 364 § 1; 1987 c 505 § 28; 1980 c 87 § 22; 1970 ex.s. c 62 § 13.]



## 43.21A.140 Director to consult with department, state board of h ealth. The director in carrying out his or her 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 wi th the preservation of life and health may integrate their efforts to the fullest extent possible and endorse policies in common. [2009 c 549 § 5085; 1979 c 141 § 67; 1970 ex.s. c 62 § 14.]



## 43.21A.150 Director to consult with other states, federal gov ernment and Canadian provinces — Authority 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 provin ces, 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 fed eral government, and other public agencies, for the purpose of carrying out the provisions of this chapter. [1970 ex.s. c 62 § 15.]



## 43.21A.155 Environmental excellence program agreements — Effect on chapter. Notwithstanding any other provision of law, any legal requirement under this chapter, including any standard, limitation, rule, or order is superseded and replaced in accordance with the terms and provisions of an environmental excellence program agreement, entered into under chapter 43.21K RCW

. [1997 c 381 § 20.] Notes:

## Purpose -- 1997 c 381: See RC W 43.21K.005

.

43.21A.160 Request for certification of records as confidential — Procedure. Wh enever any records or other information furnished under the authority of 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 affect adversely the competitive position of such owner or operator 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 b e 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 o therwise within accord with the policies and purposes of this chapter, may grant the same. [1970 ex.s. c 62 § 16.]



## 43.21A.165 Environmental technology — Review of certification programs — Demonstration activities. (1) The legislature finds that: (a) New and innovative environmental technologies can help improve environmental quality at lower costs; (b) Current regulatory processes often include permits or approvals that require applicants to duplicate costly technical analysis; (c) Th e commercialization of innovative environmental technologies can be discouraged due to the costs of repeated environmental analysis; (d) The regulatory process can be improved by sharing and relying on information generated through demonstration proj ects and technical certification programs; and (e) Other states have developed programs to certify environmental technologies in order to streamline the permitting process and to encourage use of environmental technologies. (2) The legislature therefore declares that the department shall: (a) Review environmental technology certification programs established by other states or federal agencies, and enter into agreements to use the information from these programs if the department finds tha t this information will improve the efficiency and effectiveness of the state's environmental regulatory process; and (b) Participate in technology demonstration activities that support the state's needs for environmental technology. [1997 c 419 § 1 .]

## 43.21A.175

Environmental certification programs — Fees — Rules — Liability. (1) At the request of a project proponent, the department shall consider information developed through a certification program when making permit or other regulatory decisio ns. The department may not require duplicative demonstration of such information, but may require additional information as necessary to assure that state requirements are met. A local government that has a regulatory authority delegated by the department may use information developed through a certification program when making permit or other regulatory decisions. (2) The department shall develop a certification program for technologies for remediation of radioactive and mixed waste, as those terms a re defined in chapter 70.105 RCW , if all program development and operational costs are paid by the federal government or persons seeking certification of the technologies. (3) Following the development of the certification program in subsection (2) of this section, the department may use the policies and procedures of that program on a pilot basis to evaluate the use of certification for site remediation technologies and other e nvironmental technologies, if the operational costs of the certification are paid by the federal government or persons seeking certification of such technologies. (4) The department shall charge a reasonable fee to recover the operational costs of ce rtifying a technology. (5) Subsections (1), (3), and (4) of this section apply to permit and other regulatory decisions made under the following: Chapters 70.94 , 70.95 , 70.105 , 70.105D , 70.120 , 70.138 , 90.48 , 90.54 , and 90.56 RCW

. (6) For the purposes of this section, "certification program" means a program, developed or approved by the department, to certify the quantitative performance of an environmental technology over a specified range of parameters and conditions. Certification of a technology does not imply endorsement of a specific technology by the department, or a guarantee of the performance of a technology. (7) The department may adopt rules as necessa ry to implement the requirements of subsections (2) and (3) of this section, and establish requirements and procedures for evaluation and certification of environmental technologies. (8) The state, the department, and officers and employees of the st ate shall not be liable for damages resulting from the utilization of information developed through a certification program, or from a decision to certify or deny certification to an environmental technology. Actions of the department under this section ar e not decisions reviewable under RC W 43.21B.110

. [1997 c 419 § 2.]



## 43.21A.230 Certification of environmental laboratories authorized — Fees — Use of certified laboratories by persons submitting data or results to department. The director of ecology may certify environmental laboratories which conduct tests or prepare data for submittal to the department. Fees for certification may be charged by the department to cover the depar tment's costs. Such certification may consider: (1) Evaluating protocols and procedures; (2) Determining the accuracy and reliability of test results, including internal quality assurance and quality control procedures and proficiency at analyz ing 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; and(4) Such other factors as the director considers appropriate.

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 prog rams 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 charg ed 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 clea n 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 qua lity control requirements imposed by the United States environmental protection agency. [1987 c 481 § 1.]



## 43.21A.235 Exemption from laboratory certification and fee requirements. Laboratories owned by persons holding wastewater discharge permits and o perated solely for their own use which participate in quality assurance programs administered by the federal environmental protection agency shall be exempt from certification and fee requirements for the specific methods and tests which are the subject of such quality assurance programs. [1987 c 481 § 2.]



## 43.21A.250 Pollution control hearings board of the state as affecting department, director and commission. See chapter 43.21B RCW

.



## 43.21A.350 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 s tate public buildings and for the orderly development of the natural and agricultural resources of the state. The plan shall address how the department will expedite the completion of projects of statewide significance. The plan shall be a guide in making recommendations to the officers, boards, commissions, and departments of the state. Wh enever an improvement is proposed to be established by the state, the state agency having charge of theestablishment 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 conformity 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 municipalities within the state in the coordination of their proposed improvements with such master plan. [2009 c 421 § 7; 1997 c 369 § 6; 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 RC W 43.21.190 .] Notes: 

## Effective date -- 2009 c 421: See note following RC W 43.157.005

. Purpose -- Short title -- Construction -- Rules -- Severability -- Captions -- 1987 c 109: See notes following RC W 43.21B.001

. Industrial project of statewide significance
-- Defined: RC W 43.157.010

.

43.21A.355 Master plan of development — Public hearings. The director may hold public hearings, in connection with any duty prescribed in RC W 43.21A.350 and may compel the attendance of witnesses and the production of e vidence. [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.405 Marine pollution — Baseline study program — Legislative finding and declaration. *** CHANGE IN 2010 *** (SEE 62 39 - S.SL ) *** The legislature recognizes that there exists a great risk of potential damage from oil pollution of the waters of the state of W ashington and further declares that immediate steps must be undertaken to reduce this risk. The legislature also is aware that such danger is expected to increase in future years in proportion to the increase in the size and cargo capacity of ships, barges, and other waterborne carriers, the construction and operational characteristics of these carriers, the den sity of waterborne traffic, and the need for a greater supply of petroleum products. A program of systematic baseline studies to be conducted by the department of ecology has been recognized as a vital part of the efforts to reduce the risk of oil po llution of marine waters, and the legislature 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 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 anima l lifein 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.] Notes: 

## Oil an d hazardous substances pollution: RCW 90.56.010 through 90.56.280

.

43.21A.410 Marine pollution — Baseline study program established — Utilization of related programs — Coordination — 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 RC W 43.21A.405 through 43.21A.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 ri sks 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 management act 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. W henever 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.]



## 43.21A.415 Marine pollution — Baseline study progr am — Scope of database produced. The database 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 sh oreline properties that may be damaged or impaired by oil pollution. W here oceanographic and water quality instrumentation is used to gather data, such instruments shall be standardized and intercalibrated. [1973 2nd ex.s. c 30 § 3.]

## 43.21A.420

Marine pollution — 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 t hat is particularly sensitive to toxins contained in crude oil, oil products, and oil wastes; and (3) which are used or may be used for the harvesting, gathering, or production of food or food products. [1973 2nd ex.s. c 30 § 4.]



## 43.21A.430 Catalytic converters in police, ambulance or emergency aid vehicles — Department's 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 convert er 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.]



## 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 pro grams 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.] Notes: 

## Severability -- 1983 c 270: See note following RC W 90.48.260

.

43.21A.445 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 fe deral 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 i nto 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 committ ee 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. [1 989 1st ex.s. c 9 § 218; 1988 c 279 § 1; 1983 c 270 § 4.] Notes:



## * Reviser's note: The duties of the oil and gas conservation committee were transferred to the department of natural resources by 1994 sp.s. c 9. Effective date -- Severability -- 1989 1st ex.s. c 9: See RC W 43.70.910 and 43.70.920

. Severability -- 1983 c 270: See note following RC W 90.48.260

. Adoption of rules for on
- site sewage disposal systems adjacent to marine waters: RC W 90.48.264

. Drinking wa ter quality consumer complaints: RC W 80.04.110

.

43.21A.450 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 W ashington to implement an understanding reached with the Province of British Columbia in relation to a joint venture with British Columbia for controlling the outflow and level of Lake Osoyoos, an i nternational lake, and in connection therewith to replace an existing lake control structure on the Okanogan river in W ashington state which has been classified as deteriorated and unsafe. (2) For the purpose of implementing subsection (1) of this se ction, the department of ecology may acquire, design, construct, own, operate, and maintain a project to be known as the Lake Osoyoos International Wa ter Control Structure and may acquire all real property interests necessary thereto by purchase, grant, gi ft, 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 flowag e 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 secti on directly or through contracts, except that it may not delegate its authority of eminent domain. The department may also enter into agreements withany public or municipal corporation with respect to operation and maintenance of the project authorized un der

subsection (2) of this section. [1985 c 27 § 1; 1982 c 76 § 1.] Notes: 

## Intent -- 1985 c 27; 1982 c 76: "It is the intent of this legislature in enacting RC W 43.21A.450 that total capital costs for the said project be shared equally by W ashington state and British Columbia." [1985 c 27 § 2; 1982 c 76 § 2.]

43.21A.470 Yakima enhancement project — Duties — Request for congressi onal authorization for pipeline. (1) 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 adva nce, 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 p otential for early implementation; and (d) In developing acceptable cost
- sharing arrangements, request federal recognition of state credit for expenditures of moneys from W ashington state utility ratepayers. (2) In the interest of promoting coo peration 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 s tate agencies, shall work diligently to assure that the pipeline element is included in the federal legislation. [1987 c 517 § 1; 1986 c 316 § 3.]



## 43.21A.510 State environmental profile. In order to assist the *department of community, trade, and economic development in providing information to businesses interested in locating in W ashington state, the department shall develop an environmental profile of the state. This profile shall ident ify the state's natural resources and describe how these assets are valuable to industry.Ex amples of information to be included are water resources and quality, air quality, and recreational opportunities

related to natural resources. [1995 c 399 § 66; 1 985 c 466 § 51; 1984 c 94 § 2.] Notes: 

## *Reviser's note: The "department of community, trade, and economic development" was renamed the "department of commerce" by 2009 c 565. Effective date -- Severability -- 1985 c 466: See notes following RC W 43.31.125

. Findings -- 1984 c 94: "The legislature finds (1) that a locality's natural environment is an important factor in determining where new businesses will locate, (2) tha t 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 declares that it is the policy of this state to recognize and emphasize the importance of the state's natural enviro nment in its economic development efforts in attracting and maintaining businesses." [1984 c 94 § 1.]

43.21A.515 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 W ashington state . W hen the *department of community, trade, and 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 environmenta l 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. [1995 c 399 § 67; 1985 c 466 § 52; 1984 c 94 § 3.] Notes: 

## *Reviser's note: The "department of community, trade, and economic development" was renamed the "department of commerce" by 2009 c 565. Effective date -- Severability -- 1985 c 466: See notes following RC W 43.31.125

. Findings -- 1984 c 94: See note following RC W 43.21A.510

.

## 43.21A.520

Environmental excellence awards program for products. *** CHANGE IN 2010 *** (SEE 2617 - S2.SL ) *** (1) The department of ecology shall develop and implement an environmental exce llence 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 prod ucts; (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. Member s 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.] Notes: 

## Severability -- Sectio n captions not law -- 1989 c 431: See RCW 70.95.901 and 70.95.902

.

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 maderelating to the construction of steam generating plants using any available fuel and their integration with hydro
- electric

facilities. He or she may cause de signs for any such plant to be prepared. He or she shall employ such engineers and other experts and assistants as may be necessary to carry out his or her power resources functions. [2009 c 549 § 5086; 1988 c 127 § 8; 1965 c 8 § 43.21.220 . Prior: 1957 c 284 § 2. Formerly RC W 43.21.220 .] Notes: 

## Joint operating agencies: Chapter 43.52 RCW

.

43.21A.605 Development of electric power resources — Cooperation with governmental units. The director may represent the state and aid and assist the public utilities therein t o the end that its resources shall be properly developed in the public interest insofar as they affect electric power and to this end he or she shall cooperate and may negotiate with Canada, the United States, the states thereof and their agencies to devel op and integrate the resources of the region. [2009 c 549 § 5087; 1988 c 127 § 9; 1965 c 8 § 43.21.230 . Prior: 1957 c 284 § 3. Formerly RC W 43.21.230 .]



## 43.21A.610 Steam electric generating plant — Study — Construction. The director shall continue the study of the state power commission made in 1956 relating to the construction of a steam 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 or her to be feasible and operate it as a state owned facility. [2009 c 549 § 5088; 1988 c 127 § 10; 1965 c 8 § 43.21.250 . Prior: 1957 c 275 § 3. Formerly RC W 43.21.250 .]



## 43.21A.612 Steam electric generating plant — Statement of intention — Construction by public utility, operating agency, or the dep artment, procedure — Powers of director of community, 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, the di rector shall give notice thereof by publishing once a week for four consecutive weeks in a newspaper of general circulation in the county or counties in which such project is located a statement of intention setting forth the general nature, extent and loc ation 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 thedirector thereof within ten days after the last date of publication of such notice. If th e 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, the director shall so notify the *director of community, trade, and economic development, who shall set a date for hearing thereon. If after considering the evidence introduced the *director of community, trade, and economic development finds that the public utility or operating agency making the request intends to immediately proceed with such con struction 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, the director shall enter an order so finding and such order sha ll 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 had originally entered an order so authorizing the director to proceed. If, after considering the evidence introduced, the *director of community, trade, and economic development finds that the public utility or agency makin g 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 adapte d to serve the public interest, the director shall then enter an order so finding and authorizing the director to proceed with the construction or acquisition of the facility. [1995 c 399 § 68; 1988 c 127 § 11; 1985 c 466 § 49; 1965 c 8 § 43.21.260 . Prior: 1957 c 275 § 4. Formerly RCW 43.21.260 .] Notes: 

## *Reviser's note: The "director of community, trade, and economic development" was changed to the "director of commerce" by 2009 c 565. Effective date -- Severability -- 1985 c 466: See notes following RC W 43.31.125

.

43.21A.614 Steam electric generating plant — Powers of director in constructing, operating and maintaining. In order to construct, operate and maintain the single steam power electric generating plant provided for in RC W 43.21A.610 the director shall have authority: (1) 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. W hen any revenue bonds or warrantsare outstanding the director shall have the power and shall be required to establish and maintain and collect rates or

charges for electric e nergy 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 se t 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 an d other professional services and fix the compensation of a managing director 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 dete rmine. Such manager and employees shall be appointed for an indefinite time and be removable at the will of the director. [1988 c 127 § 12; 1965 c 8 § 43.21.270 . Prior: 1957 c 275 § 5. F ormerly RCW 43.21.270 .]



## 43.21A.616 Steam electric generating plant — Eminent domain. For the purpose of carrying out any or all of the powers herein granted the director shall have th e 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 RC W 43.21A.610 through 43.21A.642 shall be brought in the name of the state in any court of competent jurisdiction unde r the procedure set out in chapter 8.04 RCW . The director may institute condemnation proceedings in the superior court of any county in which any of the property sought to be condemned is loca ted 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 t he 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 persona l 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 RCW 43.21.280 .]



## 43.21A.618 Steam electric generating plant — State not financially obligated — 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 W ashington or its subdivisions in the execution of RC W 43.21A.610 through 43.21A.642

. No revenues received by the dire ctor 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 .]

## 43.21A.620

Steam electric generating plant — Revenue bonds and warrants . For the purposes provided for in RC W 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 RC W 43.21A.610 . W hen the director deems it advisable that he or she acquire or construct said steam electric plant or make additions or betterments thereto, he or she shall so notify the state finance committee and he or she shall al so notify the state finance committee as to the plan proposed, together with the estimated cost thereof. The state finance committee, upon receiving such notice, shall provide for the construction thereof and the issuance of revenue bonds or warrants there for by a resolution which shall specify and adopt the system or plan proposed, and declare 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 expenses 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 RC W 43.21A.610 through 43.21A.642 shall distinctly state that they are not a general obligation of the state. [2009 c 549 § 5089; 1988 c 127 § 15; 1965 c 8 § 43.21.300 . Prior: 1957 c 275 § 8. Formerly RC W 43.21.300 .]



## 43.21A.622 Steam electric generating plant — Special funds — Payment of bonds, interest. Wh en the state finance committee issues revenue bonds as provided in RC W 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 there of. 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 theret o 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 sell 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 .]



## 43.21A.624 Steam electric generating plant — Considerations 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 maintena nce 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 reven ue pledged thereto, but shall constitute a prior charge over all other charges or claims whatsoever against the fund and the proportion or amount of therevenues pledged thereto. Each revenue bond shall state on its face that it is payable from a special f und, naming the

fund and the resolution creating it. [1988 c 127 § 17; 1965 c 8 § 43.21.320 . Prior: 1957 c 275 § 10. Formerly RCW 43.21.320 .]



## 43.21A.626 Steam electric generating plant — Resolution authorizing issuance of bonds, contents, covenants. The resolution of the state finance committee authorizing the iss uance 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, amo ng other things: (1) 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 addit ions 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 re placements 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 maintena nce of adequate rates and charges for electric power and energy and other services, facilities, and commodities, sold, furnished or supplied by the steam electric utility; (5) The operation, maintenance, management, accounting and auditing of the ele ctric 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 paym ent 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 .]



## 43.21A.628 Steam electric generating plant — Sale of bonds. All bonds issued under or by authority of RC W 43.21A.610 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 RC W 43.21.340 .] Notes:

## Purpose -- 1970 ex.s. c 56: See note following RC W 39.52.020

.

Validation -- Saving -- Severability -- 1969 ex.s. c 232: See notes following RC W 39.52.020

.

43.21A.630 Steam electric generating plant — Examination, registration of bonds by state auditor — Defects, 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 or she may require. W hen the bonds have been examined they shall be registered by the auditor in books to be kept by him or her for that purpose, and a certificate of registration shall be endorsed upon each bond and signed by the auditor or a deputy appo inted by him or her 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 bon ds, or in the sale, execution or delivery thereof. [2009 c 549 § 5090; 1965 c 8 § 43.21.350 . Prior: 1957 c 275 § 13. Formerly RCW 43.21.350 .]



## 43.21A.632 Steam electric generating plant — Rates or charges. Wh en revenue bonds are outstanding the director shall establish, maintain, and collect rates or charges for el ectric 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 ren ewals thereof. [1988 c 127 § 20; 1965 c 8 § 43.21.360 . Prior: 1957 c 275 § 14. Formerly RCW 43.21.360 .]



## 43.21A. 634 Steam electric generating plant — Refunding revenue bonds. Wh en 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 revenu e 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 steam electric utility, and shall only be a va lid 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 finan ce committee may exchange the refunding revenue bonds for the revenue bonds which arebeing 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 b e issued in accordance with the provisions contained in RC W 43.21A.610 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 .]



## 43.21A.636 Steam electric generating plant — Signatures 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 RC W 43.21.380 .]



## 43.21A.638 Steam electric generating plant — Provisions of law, resolution, a contract with bondholder — Enforcement. The provisions of RC W 43.21A.610 through 43.21A.642 and any resolution providing for the issuance of revenue bonds shall cons titute a contract with the holder or holders from time to time of the revenue bonds of the state finance committee. Such provisions of RC W 43.21A.610 through 43.21A.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; 19 65 c 8 § 43.21.390 . Prior: 1957 c 275 § 17. Formerly RCW 43.21.390 .]



## 43.21A.640 Steam electric generating plant — Bonds 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 town treasurer, as security for dep osits in lieu of a surety bond under any law relating to deposits of public moneys. They shall constitute legal investments for trustees and other fiduciaries other than corporations doing a trust business in this state, and for savings and loan associatio ns, banks and 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. [1965 c 8 § 43.21.400 . Prior: 1957 c 275 § 18. Formerly RC W 43.21.400 .]

## 43.21A.642

Steam electric generating plant — Director not authorized to acquire other facilities or engage in retail distribution. Nothing in RC W 43.21A.610 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 distributio n 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 § 2 3; 1965 c 8 § 43.21.410 . Prior: 1957 c 275 § 19. Formerly RCW 43.21.410 .]



## 43.21A.650 Freshwater aquatic weeds acco unt. The freshwater aquatic weeds account is hereby created in the state treasury. Expenditures from this account may only be used as provided in RC W 43.21A.660

. Moneys in the account may be spent only after appropriation. [1991 c 302 § 2.] Notes: 

## Findings -- 1991 c 302: "The legislature hereby finds that Eurasian water milfoil and other freshwater aquatic weeds can adversely affect fish populations, reduce habitat for desirable plant and wildlife species, and decrease public recreational opportunities. The legislature fur ther finds that the spread of freshwater aquatic weeds is a statewide problem and requires a coordinated response among state agencies, local governments, and the public. It is therefore the intent of the legislature to establish a funding source to reduce the propagation of Eurasian water milfoil and other freshwater aquatic weeds and to manage the problems created by such freshwater aquatic plants." [1991 c 302 § 1.] Effective date -- 1991 c 302: See note following RC W 46.16.670

.

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. Funds shall be expended as follows: (1) No less than two
- thirds of the appropriated funds shall be issued as grants to (a) cities, counties, tribes, special purpose districts, and state agencies to prevent, remove, reduce, or manage excessiv e freshwater aquatic weeds; (b) fund demonstration or pilot projects consistent with the purposes of this section; and (c) fund hydrilla eradication activities in waters of the state. Except for hydrilla eradication activities, such grants shall only be is sued for lakes, rivers, or streams with a public boat launching ramp or which are designated by the department of fish and wildlife forfly
- fishing. The department shall give preference to projects having matching funds or in
- kind services; and

(2) N o more than one
- third of the appropriated funds shall be expended to: (a) Develop public education programs relating to preventing the propagation and spread of freshwater aquatic weeds; and (b) Provide technical assistance to local governments and citizen groups. [1999 c 251 § 1; 1996 c 190 § 1; 1991 c 302 § 4.] Notes: 

## Findings -- 1991 c 302: See note following RC W 43.21A.650

. Effective date -- 1991 c 302: See note following RC W 46.16.670

.

43.21A.662 Freshwater aquatic weeds management program — Advisory committee. (1) The department shall appoint an advisory committee to oversee the freshwater aquatic weeds management program. (2) The advisory committee shall include representatives from the following groups: (a) Recreational boaters interested in freshwater aquatic weed management; (b) Residents adjacent to lakes, rivers, or streams with public boat launch facilities; (c) Local governments; (d) Scientific specialists; (e) Pesticide registrants, as defined in *RC W 15.58.030 (34); (f) Certified pesticide applicators, as defined in **RC W 17.21.020 (5), who specialize in the use of aquatic pesticides; and (g) If ***chapter . . ., Laws of 1999 (Senate Bill No. 5315) is enacted by June 30, 1999, the aquatic nuisance species coordinating committee. (3) The advisory committee shall review and provide recommendations to the department on freshwater aquatic weeds management program activities and budget and establish criteria for grants funded from the freshwater aquatic weeds account. [1999 c 251 § 2.] Notes: 

## Reviser's note: *(1) RC W 15.58.030 was am ended by 2000 c 96 § 1, changing subsection (34) to subsection (35). RC W 15.58.030 was subsequently amended by

## 2003 c 212 § 1, changing subsection (35) to subsection (36).

**(2) RC W 17.21.020 was amended by 2001 c 333 § 1, changing subsection (5) to subsection (6), effective July 1, 2002. ***( 3) Senate Bill No. 5315 (1999) was not enacted into law by June 30, 1999.

43.21A.667 Freshwater aquatic algae control account — Freshwater aquatic algae control program — Reports to the legislature. (1) The freshwater aquatic algae control account is created in the state treasury. Moneys directed to the account from RCW 88.02.050 must be deposited in the account. Expenditures from the account may only be used as provided in this se ction. Moneys in the account may be spent only after appropriation. (2) Funds in the freshwater aquatic algae control account may be appropriated to the department to develop a freshwater aquatic algae control program. Funds must be expended as follo ws: (a) As grants to cities, counties, tribes, special purpose districts, and state agencies to manage excessive freshwater algae, with priority for the treatment of lakes in which harmful algal blooms have occurred within the past three years; and d uring the 2009
- 2011 fiscal biennium to provide grants for sea lettuce research and removal to assist Puget Sound communities that are impacted by hyperblooms of sea lettuce; and (b) To provide technical assistance to applicants and the public about a quatic algae control. (3) The department shall submit a biennial report to the appropriate legislative committees describing the actions taken to implement this section along with suggestions on how to better fulfill the intent of chapter 464, Laws o f 2005. The first report is due December 1, 2007. [2009 c 564 § 933; 2005 c 464 § 4.] Notes: 

## Effective date -- 2009 c 564: See note following RC W 2.68.020

. Findings -- Intent -- 2005 c 464: See note following RCW 88.02.050

.

43.21A.680 Solid waste plan advisory committee abolished. The director of ecology shall abolish the solid waste plan advisory commit tee effective July 1, 1994. [1994 sp.s. c 9 § 804.]Notes:



## Severability -- Headings and captions not law -- Effective date -- 1994 sp.s. c 9: See RC W 18.79.900 through 18.79.902

.

43.21A.681 Geoduck aquaculture operations — Guidelines — Rules. (1) The department of ecology shall develop, by rule, guidelines for the appropriate siting and operation of geoduck aquaculture operations to be included in any master program under this section. The guidelines adopted under this section must be prepared with the advice of the shellfish aquaculture regulatory committee created in section 4, cha pter 216, Laws of 2007, which shall serve as the advisory committee for the development of the guidelines. (2) The guidelines required under this section must be filed for public review and comment no later than six months after the delivery of the f inal report by the shellfish aquaculture regulatory committee created in section 4, chapter 216, Laws of 2007. (3) The department of ecology shall update the guidelines required under this section, as necessary, after the completion of the geoduck re search by the sea grant program at the University of W ashington required under RC W 28B.20.475

. [2007 c 216 § 5.]



## 43.21A.690 Cost - reimbursement agreements. (1) The department may enter into a written cost
- reimbursement agreement with a permit applicant or project proponent to recover from the applicant or proponent the reasonable costs incurred by the department in carrying out the requirements of this chapter, as well as the requi rements of other relevant laws, as they relate to permit coordination, environmental review, application review, technical studies, and permit processing. (2) The cost
- reimbursement agreement shall identify the tasks and costs for work to be conducte d under the agreement. The agreement must include a schedule that states: (a) The estimated number of weeks for initial review of the permit application; (b) The estimated number of revision cycles; (c) The estimated number of weeks for r eview of subsequent revision submittals; (d) The estimated number of billable hours of employee time; (e) The rate per hour; and (f) A date for revision of the agreement if necessary. (3) The written cost
- reimbursement agreement sha ll be negotiated with the permit applicant or project proponent. Under the provisions of a cost
- reimbursement agreement, funds from the applicant shall be used by the department to contract with an independent consultant to carry out the work covered by th e cost - reimbursement agreement. The department may also use funds provided under a cost
- reimbursement agreement to hire temporary employees, toassign current staff to review the work of the consultant, to provide necessary technical assistance when an

ind ependent consultant with comparable technical skills is unavailable, and to recover reasonable and necessary direct and indirect costs that arise from processing the permit. The department shall, in developing the agreement, ensure that final decisions tha t involve policy matters are made by the agency and not by the consultant. The department shall make an estimate of the number of permanent staff hours to process the permits, and shall contract with consultants or hire temporary employees to replace the t ime and functions committed by these permanent staff to the project. The billing process shall provide for accurate time and cost accounting and may include a billing cycle that provides for progress payments. (4) The cost
- reimbursement agreement mu st not negatively impact the processing of other permit applications. In order to maintain permit processing capacity, the agency may hire outside consultants, temporary employees, or make internal administrative changes. Consultants or temporary employees hired as part of a cost
- reimbursement agreement or to maintain agency capacity are hired as agents of the state not of the permit applicant. The restrictions of chapter 42.52 RCW apply to any cost - reimbursement agreement, and to any person hired as a result of a cost
reimbursement agreement. [2009 c 97 § 8; 2007 c 94 § 10; 2003 c 70 § 1; 2000 c 251 § 2.] Notes: 

## Intent -- 2000 c 251: "It is the intent of the legislature to allow appli cants for environmental permits for complex projects to compensate permitting agencies for providing environmental review through the voluntary negotiation of cost
- reimbursement agreements with the permitting agency. It is the further intent of the legisla ture that cost
reimbursement agreements for complex projects free permitting agency resources to focus on the review of small projects permits." [2000 c 251 § 1.] Captions not law -- 2000 c 251: "Captions used in this act are not any part of the law. " [2000 c 251 § 8.] Effective date -- 2000 c 251: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [Mar ch 31, 2000]." [2000 c 251 § 9.]

43.21A.900 Chapter to be liberally construed. The rule of strict construction shall have no application to this chapter and it shall be liberally construed in order to carry out the broad purposes set forth in RC W 43.21A.020

. [1970 ex.s. c 62 § 27.]



## 43.21A.910 Savings — Permits, standards not affected — Severability — Effective date — 1970 ex.s. c 62.