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VOLUME 4

Titles 37 through 44

2000

REVISED CODE OF WASHINGTON

Published under the authority of chapter 1.08 RCW.

Containing all laws of a general and permanent nature through the 2000 second special session, which adjourned

sine die April 27. 2000.

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(2000 Ed.) [Prefac:e--p i)
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REVISED CODE.OF WASHINGTON

2000 Edition

c 2000 State of Washington

CERTIFICATE

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The 2000 edition of the Revised Code of Washington, published officially by the Statute Law Committee, is, in

accordance with RCW 1.08.037, certified to comply with the current specifications of the committee.

jK4,~...,....

JOHN G. SCHULTZ, Chair,

STATUTE LAW COMMITIEE

[Preface-p li] (2000 Ed.)
CHAPTER 43.21A RCW

DEPARTMENT OF ECOLOGY

Legislative declaration of state policy on

environment and utilization of natural resources.

Purpose.

Definitions.

Department of ecology--Created.

Department of'ecology--Director--Appointment--Powers

and duties--Salary--Temporary appointment when

vacancy.

Powers and duties--Reclamation.

Powers and duties--Water resources.

Water resources--"Basic data fund" created.

Federal power act licensees--Exemp~ion from state

requirements. .

Powers and duties--Flood control.

Application of administrative procedure act to the

review of decisions by director.

Rule-making authority.

Technical assistance officer and units--Coordination

of voluntary compliance with regulatory laws.

Technical assistance officer and units--Authority to

issue orders or assess penalties.

Powers, duties and functions transferred to

department to be performed by directdr--Delegation

by director, limitations.

Departmental administrative divisions--Deputy

director, duties--Assistant directors, duties--As

exempt from state civil service law--Salaries.

Director to employ personnel--Application of state

civil service law.

Studies by director--Limitation.

Director to consult with department, state board of

health.

Director to consult with other states, federal

government and Canadian provinces--Authority to

receive and disburse grants, funds and gifts.

Environmental excellence program agreements--Effect

on chapter.

Request for certification of records as

confidential--Procedure. .

Environmental technology--Review of certification

programs--Demonstration activities.

Environmental certification programs--Fees--Rules--

Liability.

Certification of environmental laboratories

authorized--Fees--Use of certified laboratories by

persons submitting data or results to department.

Exemption from laboratory certification and fee

requirements.

Pollution control hearings board of the state as

affecting department, director and commission.

RCW (3/28/1 8:45) [ 1 J
43.21A.350

43. 21A.. 355

43.21A.405

43.21A.410

43.21A.415

43.21A.420

43.21A.430

43.21A.440

43.21A.445

43 . 21A . 450·

43.21A.470

43.21A.510

43.21A.515

43.21A.520

43.21A.600

43.21A.605

43.21A.610

43.21A.612

43.21A.614

43.21A.616

43.21A.618

43.21A.620

43.21A.622

43.21A.624

43.21A.626

43.21A.628

43.21A.630

Master plan of development.

Master plan of development--Public hearings.

Marine pollution--Baseline study program--Legislative

finding and declaration.

Marine pollution--Baseline study. program

established--Utilization of related programs--

Coordination--Contracts.

Marine pollution--Baseline study program--Scope of

data base produced.

Marine pollution--Baseline study program--Priority

factors.

Catalytic converters in police, ambulance or

emergency aid vehicles--Department's powers

restricted in respect thereto.

Department authorized to participate in and

administer federal Comprehensive Environmental

Response, Compensation and Liability Act.

Departments authorized to participate in and

administer federal Safe Drinking Water Act--

Agreements with other departments.

Control of outflow and level of Lake Osoyoos--Lake

Osoyoos International Water Control Structure

authorized.

Yakima enhancement project--Duties--Request for

congressional authorization for pipeline.

State environmental profile.

Assistance to businesses interested in locating in

Washington required--Information on environmental

laws and regulations to be provided.

Environmental excellence awards program for products.

Powers and duties--Electric power resources.

Development of electric power resources--Cooperation

with governmental units.

Steam electric generating plant--Study--Construction.

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.

Steam electric generating plant--Powers of director

in constructing, operating and maintaining.

Steam electric generating plant--Eminent domain.

Steam electric generating plant--State not

financially obligated--Separation and expenditure

of funds.

Steam electric generating plant--Revenue bonds and

warrants.

Steam electric generating plant--Special funds--

PaYment of bonds, interest.

Steam electric generating plant--Considerations in

issuance of bonds, limitations.

Steam electric generating plant--Resolution

authorizing issuance of bonds, contents,

covenants.

Steam ele~tric generating plant--Sale o£ bonds.

Steam electric generating plant--Examination,

registration of bonds by state auditor--Defects,

irregularities.

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RCW (3/28/1 8:45) [ 2 ]
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43. 21A. 632

43.21A.634

43.21A.636

43.21A.638

43.21A.640

43. 21A. 642

43.21A.650

43.21A.660

43.21A.662

43. 21A. 670

43. 21A. 680

43. 21A. 690

43.21A.900

43.21A.910

NOTES:

Steam electric generating plant--Rates or charges.

Steam electric generating plant--Refunding revenue

bonds.

Steam electric generating plant--Signatures on bonds.

Steam electric generating plant--Provisions of law,

resolution, a contract with bondholder--

Enforcement.

Steam electric generating plant--Bonds are legal

security, investment, negotiable.

Steam electric generating plant--Director not

authorized to acquire other facilities or engage

in retail distribution.

Freshwater aquatic weeds account.

Freshwater aquatic weeds management program.

Freshwater aquatic weeds management program--Advisory

committee.

Senior environmental corps--Department powers and

duties.

Solid waste plan advisory committee abolished.

Cost-reimbursement agreements for complex projects.

Chapter to be liberally construed.

Savings--Permits, standards not affected--

Severability--Effective date--1970 ex.s. c 62.

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Funding for radiation monitoring programs, department of ecology to

seek: RCW 70.98.122.

Metals mining and milling operations, department of ecology

responsibilities: Chapter 78.56 RCW.

Minimum flows and levels--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 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,

recreationalj 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.]

NOTES:

Savings--Other powers and rights not affected--Permits,

standards, not affected--1970 ex.s. c 62: "The provisions bf"this

act shall not impair or supersede the powers or rights of any

person, committee, association, public, municipal or private

RCW (3/28/1 8:45) 3
corporations, state or local governmental agency, federal agency,

or political subdivision of the state of Washington 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 and 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 I, 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.]

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 s 3.]

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RCW 43. 21A. 040

created a department

department of ecology.

Department of ecology- -Created. _ There is

of state government to be known as the

[1970 ex.s. c 62 § 4.]

RCW 43 .21A. 050 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

consent of the senate. He shall have complete charge of and

supervisory powers over the department. He shall be paid a salary

RCW (3/28/1 8:45) [ 4 ]
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; 1965 c 8 § 43.21.110. Prior: 1921 c 7 § 70; RRS §

10828. Formerly RCW 43.21.110.]

NOTES:

Purpose--Short

Captions--1987 c 109:

title--Construction--Rules--Severability--

See notes following RCW 43.218.001.

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RCW 43.21A.064 Powers and duties~-Water resources. Subject

to RCW 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) Insofar 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, and 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 accordance 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 use,

watershed and water system plans, and the population forecast for

that area provided under RCW,43.62.035;

(6) The director 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. The director shall keep a seal of the office, and all

certificates covering any of the director's acts or the acts of the

director's office, or the records and files of that office, under

such seal, shall b~ taken as evidence thereof in all courts;

RCW-(3!28!1 8:45) [ 5 ]
(7) The director shall render when required by the governor,

a full written report of the office I s work with such

recommendations 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 rules

governing the admiriistration 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;

1965 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 RCW 43.21.130.]

NOTES:

Finding--rntent--1997 c 443: liThe 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 efforts, and added efficiency

standards for using existing supplies. II [1997 c 443 § 1.]

Findings--1995 c 8: liThe legislature finds and declares:

(1) The federal energy regulatory commission, under the 0

federal power act, licenses hydropower projects 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 RCW

43.21A.068, all applicable state law. II [1995 c 8 § 1.]

Review of permit applications to divert and store.water, water flow

policy: RCW 77.55.050.

Water power development, license fees: RCW 90.16.050, 90.16.060,

90.16.090.

RCW 43.21A.067 Water resources--"Basic datafundn 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. . ()

RCW (3/28/1 8:45) [6 ]
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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 § 1; Rem. Supp.

1943 § 5505-1. Formerly RCW 43.21.140.)

NOTES:

Purpose--Short

Captions--1987 c 109:

title--Construction--Rules--Severability--

See notes following RCW 43.21B.001.

RCW 43.21A.068 Federal power act licensees--Exemption from

state requirements. (1) With 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 s 2.)

NOTES:

Findings--1995 c 8: See note following RCW 43.21A.064.

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.)

NOTES:

Purpose--Short

Captions--1987 c 109:

title--Construction--Rules--Severability--

See notes following RCW 43.21B.001.

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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 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.)

RCW (3/28/1 8: 45) [ 7 )
RCW 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 chapter: 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 provisions, 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

RCW 34.05.328.

..c

Part headings not law--Severability--1995 c 403:

43.05.903 and 43.05.904.

See RCW

RCW 43.21A.085 Technical assistance officer and units--

Coordination of voluntary compliance wi th regulatory laws. The

department, to the greatest extent possible, within available

resources and .without jeopardizing the department I s ability to

carry out its legal responsibilities, 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 § 1.]

RCW 43. 21A. 087 Technical assistance officer and units--

Authority to issue orders or assess penalties. (1) An employee

designa.ted 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 a violation 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 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

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RCW (3/28/1 8:45) [ 8 ]
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technical assistance officers of their duties, or if liability is

asserted to arise from the failure of the .deper t ment. to supply

technical assistance. [1992 c 19 s 2.]

RCW 43.21A.090 Powers, duties and functions transferred to

department to be performed by director--Delegation 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 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.]

RCW 43. 21A.I00 Departmental administrative divisions- -Deputy

director, duties--Assistant directors, duties--As exempt from 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

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. [1970 ex.s_ c 62§ 10.]

RCW 43.21A.i20 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 chapter: PROVIDED, That except as specified

inRCW 41.06.073, such emploYment shall be in accordance with the

rules of the state civil service la~, 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;

1970ex.s. c 62 § 13.]

RCW {3/28/18:45} [ 9 ]
RCW 43.2lA.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 Co) 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 43.2lA.150 Director to consult with other states, federal

government and Canadian provinces--Authority to receive arid

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 43.2lA.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 0

381 s 20.]

NOTES:

Purpose--1997 c 381: See RCW 43.21K.005.

RCW 43. 2lA.160 Request for certification of records as

confidential--Procedure. Whenever 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 o r .

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 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 43.2lA.165 Environmental

certification programs--Demonstration

legislature finds that:

technology--Review

activities. (1)

of

The

RCW (3/28/1 8:45) 10 ]
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•

(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) The 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 that 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 s 1.]

RCW 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

decisions. 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 are 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

environmental 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 certifying 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

RCW (3/28/1 8:45) [ 11 ]
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 necessary 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 state 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 are not decisions reviewable under RCW 43.21B.110. [1997

c 419 § 2.]

RCW 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

department'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 analyzing test samples· supplied by the

department;

(3) Certifying laboratories based on prior certification by

another state ~r 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

lab6ratory 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 re<I\lirements. Laboratories owned by persons holding wastewater

discharge· permits and operated solely for their own use which

participate in quality assurance programs administered by the

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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.]

RCW 43.2lA.250 Pollution control hearings board of the state

.as affecting department, director and commission. See chapter

43.21B RCW.

RCW 43.2lA.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

state 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

industrial projects of state-wide significance. 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 establishment 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

wi thin the state in the coordination of their proposed improvements

with such master plan. [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 RCW 43.21.190.]

NOTES:

Purpose--Short

Captions--1987 c 109:

title--Construction--Rules--Severability--

See notes following RCW 43.21B.001.

e

Industrial project. of state-wide significance--Defined: RCW

43.157.010.

RCW 43.2lA.355 Master plan of development--Public hearings.

The director may hold 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.]

RCW 43.2lA.405 Marine pollution--Baseline study program--

Legislative finding and declaration. The legislature recognizes

that there exists a great risk of potential damage from oil

pollution of the waters of the state of Washington and further

RCW (3/28/1 8:45) [ 13 ]
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 C

carriers, the density 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 pollution 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 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

s 1.]

NOTES:

Oil and hazardous substances pollution:

90.56.280.

RCW 90.56.010 through

RCW 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 RCW

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 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 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.

Whenever possible, the department shall contract with existing

state agencies, boards, commissions, and institutions of higher

education for the scientific investigation programs to be

c6nducted. [1973 2nd ex.s. c 30 § 2.]

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RCW 43. 21A. 415 Marine pollution- -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 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 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 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'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 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:]

NOTES:

Severability--1983 c 270: See note following RCW 90.48.260.

RCW 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 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

RCW (3/28/1 8:45) [ 15 ]
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.]

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.

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Effective date--Severability--1989 1st ex.s. c 9:

43.70.910 and 43.70.920.

See RCW

Severability--1983 c 270: See note following RCW 90.48.260.

Adoption of rules for on-site sewage disposal systems adjacent to

marine waters: RCW 90.48.264.

Drinking water quality consumer complaints: RCW 80.04.110.

RCW 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 Washington to

implement an understanding reached with the Province of British 0

Columbia in relation to a joint venture with British Columbia for /

controlling the outflow and level of Lake Osoyoos, an Lnt.errrat.LonaL

lake, and in connection therewith to replace an existing lake

control structure on the Okariogan river in Washington state which

has been cla$sified 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 proj ect 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 § 1; 1982 c 76 § 1.]

RCW (3/28/1 8:45) [ 16 ]
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NOTES:

Intent- -1985 c 27; 1982 c 76: II It is the intent of this

legislature in enacting RCW 43.21A.450 that total capital costs for

the said project be shared equally by Washington state and British

Columbia. II [1985 c 27 s 2; 1982 c 76 s 2.]

RCW 43.21A.470 Yakima enhancement project--Duties--Request

for congressional 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 ~inimize adverse effects on the various

existing u ses r

(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 Darn.

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. 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

Washington state, the department shall develop an environmental

profile of the state. This profile shall identify the state I 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. [1995 c 399 § 66; 1985 c 466 § 51;

1984 c 94 s 2.]

NOTES:

Effective date- -Severability- -1985 c 466: . See notes following

RCW 43.31.125.

RCW (3/28/1 8:45) [ 17 ]
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) 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

declares that it is the policy of this state to recognize and

emphasize the importance of the state's natural environment in its

economic development efforts in attracting and maintaining

businesses. " [1984 c 94 § 1.]

RCW 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

Washington state. When 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

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. [1995 c 399§ 67; 1985 c 466 § 52; 1984 c 94 § 3.]

NOTES:

Effective date--Severability- -1985 c 466: See notes following.

RCW 43.31.125.

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

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 r e Lat.ed 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

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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.]

NOTES:

Severability--Section captions not 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.]

NOTES:

Joint operating agencies: Chapter 43.52 RCW.

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 to the

end that its resources shall be properly developed in the public

interest insofar as they affect electric power and to this end he

shall cooperate and may negotiate with Canada, the United States,

the states thereof and their agencies to develop and integrate the

resources of the region. [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 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 to be feasible and operate it as a state owned

RCW (3/28/1 8:45) [ 19 ]
facility.

275 § 3.

[1988 c 127 § 10; 1965 c 8 § 43.21.250.

Formerly RCW 43.21.250]

Prior: 1957 c

RCW 43.21A.612 Steam electric generating plant--Statement of C, intention- -Construction by public utility, operating agency, or the /

department, 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 director

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 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, 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 construction 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 shall divest the director of 0

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 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, the director shall then enter

an order so finding and authorizing the director to proceed with

the coristructionor acquisition of the facility. [1995 c399 § 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:

Effective date- -Severability- -1985 c 466: See notes following

RCW 43.31.125.

RCW (3/28/1 8:45) r 20 ]
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RCW 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 RCW 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 permi ts 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 and such

other employees as the director may deem necessary to carryon 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. [1988 c 127 § 12;1965 c 8

§ 43.21.270. Prior: 1957 c 275 § 5. Formerly RCW 43.21.270.]

. RCW 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 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

RCW (3/28/1 8:45) [ 21 ]
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 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: 195'7

c 275 § 6. Formerly RCW 43.21.280.J

RCW 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

Washington or its subdivisions in the execution of RCW 43.21A.610

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.J

RCW 43.21A.620 Steam electric generating plant--Revenue 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.610. 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 ~roposed, 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 therefor 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 RCW 43.21A.610 through 43.21A.642 shall distinctly

state that they are not a general obligation of the state. [1988

c 127 s 15; 1965 C 8 § 43.21.300. Prior: 1957 c 275 .§ 8.

Formerly.RCW 43.21.300.J

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RCW 43. 21A. 622 Steam elec;::tric generating plant- -Special

funds--Payment of 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 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.]

RCW 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 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 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 RCW 43.21.320.]

RCW 43 .21A. 626· Steam electric generating plant--Resolution

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

RCW (3/28/1 8:45) [ 23 ]
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 C

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 by. the

steam electric utility;

(5) The operation, maintenance, management, accounting 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 plant- -Sale of

bonds. All bonds issued under or by authority of RCW 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 0./

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.]

NOTES:

Purpose--1970 ex.s. c 56: See note following RCW 39.52.020.

Validation--Saving--Severability--1969 ex.s. c 232: See notes

following RCW 39.52.020.

RCW 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 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 s haLl, 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

RCW (3/28/1 8:45) [24 ]
•

•

•

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 plant--Rates 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' plant- -Refunding

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 steam electric utility, and shall only be

a v a 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

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.ilA.610 through 43.21A.642 with respect to revenue bonds. [1988

c 127 s 21; 1965 c 8 s 43.21.370. Prior: 1957 c 275 s 15.

Formerly RCW 43~21.370.]

RCW 43 .21A. 636 Steam elect.ric 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 s 43.21.380. Prior: 1957 c 275 § 16.

Formerly RCW 43.21.380.]

RCW 43. 21A. 638 Steam electric generating plant- -Provisions of

law, resolution, a contract with' bondholder--Enforcement. The

provisions of RCW 43.21A.610 through 43.21A.642 and any resolution

RCW (3/28/1 . 8:45) [ 25 ]
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 43.21A.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; 1965 c 8 §

43.21.390. Prior: 1957 c 275 § 17. Formerly RCW 43.21.390.]

RCW 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 deposits 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 associations, 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 s 18. Formerly RCW

43.21.400.]

..

c/"

RCW 43.21A.642 Steam electric generating plant--Director not

authorized to acquire other facilities or engage in retail

distribution. Nothing in RCW 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 distribution of electric energy, or to purchase or 0.'

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. 650 . 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.]

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 further finds that the spread of

freshwater aquatic weeds is a state-wide 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.] "~:';;#

RCW(3/28/1 8:45} [ 26 ]
•

•

•

.Effective date--1991 c 302: See note 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. 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

excessive 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 issued

for lakes, rivers, or streams with a public boat launching ramp or

which are designateq by the department of fish and wildlife for

fly-fishing. The department shall give preference to projects

having matching funds or in-kind services; and

(2) No 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 § l; 1991 c 302 § 4.]

NOTES:

Findings--1991 c 302: See note following RCW 43.21A.650.

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

RCW 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 *RCW 15.58.030(34);

(f) Certified pesticide applicators, as defined in RCW

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.] .

RCW (3/28/1' 8: 45) [ 27 ]
NOTES:

Reviser's note: *(1) RCW 15.58.030 was amended by 2000 c 96

§. 1, changing subsection (34) to subsection (35).

**(2) Senate Bill No. 5315 (1999) was not enacted into law by

June 30, 1999.

RCW 43.21A.670 Senior environmental corps--Department 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.]

NOTES:

Severability--1992 c 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 1, 1994. [1994 sp. s. c 9 § 804.]

NOTES:

Severability--Headings and captions not law--Effective date--

1994 sp. s. c 9: See RCW 18.79.900 through 18.79.902·.

RCW 43. 21A. 690 Cost-reimbursement agreements for complex

projects. (1) The department may enter into a written costreimbursement agreement with a permit applicant for a complex

proj ect to recover from the applicant the reasonable costs incurred

by the department in carrying out the requirements of this chapter,

as well as the requirements of other relevant laws, as they relate

to permit coordination, environmental review, application review,

technical studies, and permit processing. The cost-reimbursement

agreement shall identify the specific tasks, costs, and schedule

for work to be conducted under the agreement. For purposes of this

section, a complex project is a project for which an environmental

impact statement is required under chapter 43.21C RCW.

(2) The written cost-reimbursement agreement shall be

negotiated with the permit applicant. Under the provisions of a

cost-reimbursement agreement, funds from the applicant shall be

used by the department to contract with an independent consultant

o

(.,)

RCW (3/28/1 8:45) [28 ]
any new costThe department

agreement which

the project is

•

•

to carry out the work covered by the cost-reimbursement agreement.

The department may also use funds provided under a costreimbursement agreement to assign current staff to review the work

of the consultant, to provide necessary technical assistance when

an independent 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 that 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 to replace the time 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. Use

of cost-reimbursement agreements shall not reduce the current level

of staff available to work on permits not covered by costreimbursement agreements. The department may not use any funds

under a cost-reimbursement agreement to replace or supplant

existing funding. 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.

(3) The department may not enter into

reimbursement agreements on or after July 1, 2005.

may continue to administer any cost-reimbursement

was entered into before July 1, 2005, until

completed. [2000 c 251 § 2.]

NOTES:

Intent--2000 c 251: "It is the intent of the legislature to

allow applicants 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

legislature 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. J

Effective date--2000

immediate preservation of

support of the state

institutions, and· takes

[2000 c 251 § 9.]

c 251: "This act is necessary for the

the public peace, health, or safety, or

government and its existing public

effect immediately [March 31, 2000J."

•

RCW 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 RCW 43.21A.020. [1970 ex.s. c 62 § 27.]

RCW 43.21A.910 Savings--Permits, standards not affected--

Severability--Effective date"'; -1970 ex.s. c 62. See notes following

RCW 43.21A.OI0.

RCW (3/28/1 8:45) [ 29 J