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# VOLUME4 Titles 37 through 44

2000 REVISEDCODEOFWASHINGTON

Publishedundertheauthorityofchapter1.08 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--pi)

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• REVISEDCODE.OFWASHINGTON
2000Edition

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### 2000StateofWashington

CERTIFICATE



# • 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 tocomplywith the current specifications of the committee.

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JOHN G. SCHULTZ, Chair, STATUTELAWCOMMITIEE

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

DEPARTMENT OFECOLOGY

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 J43.21A.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 ]

# • 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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• Fundingforradiationmonitoringprograms, departmentofecologyto 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 andutilization ofnatural resources. The legislature recognizes and declares it to be the policy of this state, that it is a fundamental and inalienable right of the people of the state ofWashington 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 ofour society to plan, coordinate, restore and regulate the utilization of ournatural 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) 3corporations, state or local governmental agency, federal agency, orpolitical subdivisionofthe stateofWashingtonunderanyother 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 tobeprotectedandpreserved." [1970 ex.s. c 62 § 61.]

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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: "Ifanyprovisionofthis 1970 amendatoryact, orits applicationto anyperson orcircumstance 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.]

RCW43.21A.020 Purpose. In'recognitionofthe responsibility of state government to carry out the policies set forth in RCW 43.21A.OI0, it is thepurpose ofthis chapterto establisha 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 airregulationandmanagementprogramnowperformed 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 theecologicalcommission. [1970ex.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.]

RCW43.21A.050 Departmentofecology--Director--Appointment-- Powersandduties--Salary--Temporaryappointmentwhenvacancy. The executive and administrative head of the department shall be the director. Thedirector shall be appointedbythe governorwiththe consent of the senate. He shall have complete charge of and supervisorypowers 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 bodyhis nomination for the position. [1970
ex.s. c 62 § 5.]

RCW 43.21A.061 Powers and duties--Reclamation. The departmentofecology shall exercise all thepowers andperformall 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 connectedtherewith; (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
ormaintenance of saidworks, to bemade 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) Thedirector shall, ifrequested, provide assistance toan applicant for a water right in obtaining ordeveloping 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 supplybeing sought must be used in a manner consistent with applicable land use, watershed and water systemplans, 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 datathereof, and shallprocure all necessarydocuments, forms, and blanks. The director shall keep a seal of the office, and all certificates covering any ofthe director's acts orthe acts ofthe 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 Is work with such recommendations for legislationas thedirectordeems 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 prescribedby 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 

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federal poweract, licenseshydropowerprojects innavigablewaters 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.]

Reviewofpermit applications todivert and store.water, waterflow 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 ofecologymay 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 cooperationwith 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 informationneeded for an intelligent inventoryofwaterresources in the state.

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RCW (3/28/1 8:45) [6 ]

# ·- Disbursements from the basic data fund shall be on vouchers approvedby the department and the district engineer ofthe 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 owneroroperator, oranyemployee thereof, ofa 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 departmentofecology shall exercise all thepowers andperformall the duties prescribedby lawwith 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.



# • RCW43.21A.070 Applicationofadministrativeprocedureact to the reviewofdecisions 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 transferredbychapter 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 afterJuly 23, 1995, that are based solelyona 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: Seenote following RCW 34.05.328. 

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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 with regulatory laws. The department, to the greatest extent possible, within available
resources and .without jeopardizing the department Is ability to carry out its legal responsibilities, may designate one ormore of its employees as a technical assistance officer, and may organize the officers into one ormore technical assistance units within the department. The duties of a technical assistance officer are to coordinate voluntary compliance with the regulatory laws administeredby 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 periodofthe designation, have authority to issue orders orassess 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 ofthe·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. Ifa technical assistance officerormemberof
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 oris likely to cause physical damage totheproperty 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 personto 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 .depertment. 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 departmentbythe terms ofchapter 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.]

RCW43.21A.I00 Departmental administrative divisions--Deputy director, duties--Assistantdirectors, duties--As exemptfromstate civil service law--Salaries. Inordertoobtainmaximumefficiency 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 directoras well as such assistant directors as shall be needed to administer the severaldivisions withinthe department. The deputy directorshall have charge and general supervision of the department in the absence ordisability ofthe director. In the case ofa 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 administrationofthis 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.]

RCW43.21A.130 Studies by director--Limitation. In addition to any' other powers granted the director, the director may undertake studies dealing with all aspects of environmental problems involving,land, water, or air: PROVIDED, That in the absence of specific legislative authority, such studies shall'be limitedtoinvestigations ofparticularproblems, and shall not be implementedbypositive 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 

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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.]

RCW43.2lA.150 Director to consultwithother 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.]

RCW43.2lA.155 Environmental excellenceprogramagreements-- Effectonchapter. Notwithstanding any otherprovisionoflaw, any legal requirement under this chapter, including any standard, limitation, rule, ororderis supersededandreplaced in accordance with the terms and provisions of an environmental excellence program agreement, entered into under chapter 43.21KRCW. [1997 c 

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

RCW 43.2lA.160 Request for certification of records as confidential--Procedure. Wheneveranyrecords orotherinformation furnished under the authority of this chapter to the director, the department, or any division of the department, relate to the processes ofproductionunique to the owneroroperatorthereof, or may. affect adversely the competitive position of such owner o r . operator ifreleased to the public or to a competitor, the owneror operator of such processes or production may so certify, and request that such information orrecords bemade available onlyfor 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 andpurposes ofthis chapter, maygrant the same. [1970 ex.s. c 62 §16.]

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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 relyingoninformationgeneratedthroughdemonstrationprojectsand 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 informationwill improve the efficiency and effectiveness ofthe state's environmental regulatoryprocess; 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 informationas necessaryto assure that staterequirements aremet. Alocal government thathas a regulatoryauthoritydelegatedbythe 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 orpersons seeking certification of the technologies. (3) Following the development ofthe certificationprogramin subsection (2) ofthis section, thedepartmentmayuse thepolicies andprocedures ofthatprogramona pilotbasis to evaluate the use of certification for site remediation technologies and other environmental technologies, if the operational costs of the certificationarepaidbythe federal governmentorpersons 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) Forthe purposes ofthis section, "certificationprogram"
means a program, developed or approved by the department, to certifythequantitativeperformanceofanenvironmentaltechnology

RCW (3/28/1 8:45) [ 11 ]overa specifiedrange ofparameters andconditions. Certification ofa technologydoes not implyendorsementofa 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 submittingdata 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 oftest results, includinginternalqualityassurance andqualitycontrolprocedures 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) Suchother factors as the director considers appropriate. Thedirectorofecologymayrequire thatanyperson 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 certificationforonlyconventionalpollutants shallnotbecharged
an annual certification fee in excess of the actual costs of providing the certificationor 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 implementedbefore·September30, 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. Laboratoriesownedbypersonsholdingwastewater discharge·permits and operated solely for their own use which participate in quality assurance programs administered by the 

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RCW (3/28/1 8:45) [ 12

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e· 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.]

RCW43.2lA.250 Pollution control hearings board of the state

.as affecting department, director and commission. See chapter 43.21B RCW.

RCW43.2lA.350 Masterplanofdevelopment. The department of ecology shall prepare andperfect 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 andwith 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 cooperationof adjacent states, and of counties andmunicipalities withinthe state inthe coordinationoftheirproposedimprovements with such masterplan. [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 directormay holdpublic hearings, in'connectionwith 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, theconstructionandoperationalcharacteristicsofthese 

# C
carriers, the density of waterborne traffic, and the need for a 

## .! greater supply ofpetroleumproducts. 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 greaterlengththanthe combinedcoastlines ofOregon and California. There are some three million acres of submerged land and more than three hundred islands in these marine waters. The average depthofPuget Sound is twohundredtwenty feet. There is a great diversity of animal life in the waters of the state. Thesewaters have a multitude ofuses bybothhumans andnonhumans, and the interactionbetweenman's activities andnatural 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 bemade inplanningthese studies. Datafrom these and other scientific investigations made pursuant to RCW 43.21A.405 through 43.21A.420 should, whenever possible, have multipleuse, includinguseas supportingevidenceofenvironmental damageresulting fromoilpollution, as indicators ofthepotential
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. Abaseline studyprogramshall take full advantage ofthedata 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 (3/28/1 8:45) [ 14 

### t

# •

• 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 onmarine 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. Inplanning the state baseline studies program, priority shall be given to those waters (1) in which the greatest riskofdamage from oil spills exists; (2) which containmarine and freshwaterlife that isparticularly sensitive to toxins contained in crude oil, oil products, and oil wastes; and (3) which are used
ormay beused for the harvesting, gathering, orproductionof 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 motorvehicle used as a police vehicle, or ambulance, an emergency aid vehicle, or a fire department vehicle, and any catalytic converter in the exhaust systemofany suchvehicle 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 ofnatural 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 Cof the federal Safe DrinkingWaterAct (42 U.S.C. Sec. 300het 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 providedherein 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, overwhich the said departments and committee have primary subject-matter authority under existing state law. The departments of health and natural
resources andthe *oil andgas conservationcommitteeare 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. 

# c

• -0 .:./

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.

RCW43.21A.450 Control ofoutflowand level ofLake Osoyoos-- Lake Osoyoos International Water Control Structure authorized

. .(1) The legislature recognizes the need for the state ofWashington to implement an understanding reached with the Province of British 

# 0

Columbia in relation to a joint venture with British Columbia for / controlling the outflowand level ofLakeOsoyoos, 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 ecologymay acquire, design, construct, own, operate, and maintain a project to be known as the Lake Osoyoos International Water Control Structure and may acquire all realpropertyinterests necessarytheretobypurchase, grant, gift,
oreminent domain; providedthat the authorityofeminentdomainas 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 ]

# •

•

• NOTES:

Intent--1985 c 27; 1982 c 76: IIIt is the intent of this legislature inenactingRCW43.21A.450 that total capital costs for the saidproject be shared equallybyWashington 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) Continuetoparticipatewiththe federal government in its studiesofthe Yakimaenhancementproject andofoptions for future development of the second half of the Columbia Basin project; (b) Vigorouslyrepresent the state's interest in saidstudies, particularly as they relate to protection of existing water rights andresolutionofconflicts inthe adjudicationofthe Yakimariver within the framework of state waterrights lawandproposemeans of resolvingthe conflict that**~inimize** adverse effects onthevarious existing usesr (c) As a cooperative federal and nonfederal effort, workwith 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 interestedparties andto effectuatetheefficient andsatisfactory 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 waterwhich is demanded for and causedby 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 assistthedepartment ofcommunity, trade, andeconomicdevelopment 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 Is natural resources and describe how these assets are valuable to industry. Examples of information to be included are water
resources andquality, airquality, andrecreational opportunities related to natural resources. [1995 c 399 § 66; 1985 c 466 § 51; 1984 c 94 

## s 2.]

NOTES:

Effectivedate--Severability--1985 c 466:

.Seenotes 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 canenhance 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 beenandmightbehandicapped intheireconomic developmentefforts becauseofperceivedenvironmentalproblems. 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 inWashington required--Information on environmental laws and regulations to be provided. In order to emphasize the importance ofthe state's environmental laws andregulations andto 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 andregulations andmethods ofcompliance. 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:

Effectivedate--Severability--1985 c 466: Seenotes 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 mannerthathelps ensure environmentalprotection. The awardshall be in recognition of products that are made from recycled materials, easytorecycle, substitute formorehazardousproducts,
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 eLat.ed maintenance products; (e) Hobby and recreation products; and (f) Any otherproduct available for retail orwholesale sale. (2) The state solid waste advisory committee shall establish
an environmental excellence product award subcommittee to develop andrecommendcriteriafor awardingenvironmentalexcellenceawards 

# c



# o

..



# ()

RCW (3/28/1 8:45) [ 18 ]

# •

•

• for products. The subcommittee shall also review award applications and make recommendations to the department. The subcommittee shall consistofequal representationof: (a) Product manufacturing orotherbusiness 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. Thedepartment shallmake studies and surveys, collect, compile and disseminateinformationandstatistics to facilitate developmentof 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 tobemade relating to the constructionofsteamgenerating plants using any available fuel and their integration with hydroelectric facilities. He maycause designs for any suchplant tobe 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

RCW43.21A.612 Steam electric generating plant--Statement of 

# C,

intention--Constructionbypublicutility, operatingagency, or the / department, procedure--Powers ofdirector of community, trade, and economic development. Before the director shall construct said steamgenerating facilitywithinthe state, ormake applicationfor anypermit, 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 thereofwithin ten days afterthe last date ofpublicationof suchnotice. Ifthe director determines that it is inthe 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 suchutility or operating agency is equally well adaptedto 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 constructionor acquisition until such time as the other public utility or agency voluntarily
causes an assignment of its right or interest in theproject to the director or fails to procure any further required governmental permit, license or authority orhaving procured such, has the same revoked or withdrawn, in accordance with the laws and regulations ofsuchgovernmental entity, inwhichevent the directorshall have the same authoritytoproceedas thoughthe directorhadoriginally enteredanorder so authorizing the directorto 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 suchconstructionoracquisitionoris not financiallycapable ofcarryingout suchconstructionoracquisition, orfinds that the plan of such utility or operating agency is not equally well adaptedto serve thepublic interest, the director shall thenenter
an order so finding and authorizing the director to proceed with the coristructionoracquisitionofthe 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:

Effectivedate--Severability--1985 c 466: Seenotes following RCW 43.31.125.

RCW (3/28/1 8:45) 

## r20 ]

# •

• 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, developandregulate suchsteam electricpowerplant, workand facilities for the generationand/or transmission of electric energy and to take, condemn, purchase, lease andacquire anyreal orpersonal, public orprivateproperty, franchise andpropertyrights, 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 foruse inthe construction, maintenance oroperationof suchwork, 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 UnitedStates orany state thereof, orto anyother 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 establishrates for electric energy soldortransmitted by the director. When any revenue bonds or warrants are outstandingthe director shall have the powerand shallbe required to establishandmaintain andcollect rates orcharges 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 directormay deemnecessary 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 inconnectionwiththe constructionoffacilities authorized hereunder. Actions in eminent domain pursuant to RCW 43.21A.610 through43.21A.642 shall be brought in the name ofthe state inany 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 superiorcourt ofanycountyinwhichanyofthe property sought to be condemned is located or in which the'owner thereofdoes business, and the court in any such action shall have jurisdictiontocondemnpropertywhereverlocatedwithinthe state. It shall not be necessary to allege orprove 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 anorderrestraining the removal from thejurisdictionof 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 electricityor otherwise, shall be expended except for the payment of lawful obligations of the director and all such revenues and receipts shall be kept andmaintained 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

RCW43.21A.620 Steamelectricgeneratingplant--Revenuebonds 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 orwarrants 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 orconstruct said steamelectric plant ormake 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 orwarrants thereforby a resolution which shall specifyand adopt the system or plan proposed, and declare the estimated cost thereof, as nearly as maybe, including as part of the cost, funds necessary,forworking capital for the operationof suchutilityand 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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o

RCW (3/28/1 8:45) [ 22 ]

# •

•

• 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 ofthe steam electric utility, or additions orbetterments 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 suchfund or funds a fixedproportion ofthe gross revenue of the steam electric utility and all additions or betterments thereto orextensions 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. Itmay issue and sell utilitybonds 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, andbear 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 ofmaintenance 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 validclaimofthe holder thereofonly 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 ofbonds, contents, covenants. Theresolution ofthe state finance committee authorizing the issuance ofrevenue bonds shall specify the title of the bonds as determined by the state finance committee, andmaycontaincovenants bythe committee toprotectand safeguardthe securityandthe rights ofthe holders thereof, including covenants as to, among other things: (I) Thepurpose orpurposes 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 maybe 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 directorfromthe operation, ownership, andmanagementofits 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--1969ex.s. c 232: Seenotes following RCW 39.52.020.

RCW43.21A.630 Steamelectric generatingplant--Examination, registration of bonds by state auditor--Defects, irregularities. Priorto the issuance anddeliveryofanyrevenuebonds, suchbonds and a certified copy of the resolution authorizing them shall be delivered to the state auditor together with any additional informationthat hemayrequire. Whenthebonds havebeenexamined they shall be registeredby the auditor inbooks tobe kept byhim for that purpose, and a certificate of registration shaLl, be endorsed upon each bond and signed by the auditor or a deputy appointed by him for the purpose. The bonds shall then be prima facie valid andbinding 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 ]

# •

•

• inthe sale, executionordelivery 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 nondiscriminatoryandadequatetoproviderevenue sufficient topay theprincipal ofandinterestonrevenuebonds outstanding, and all payments which the director is obligated to make to the state treasurerfordeposit in any special fund or funds createdfor 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
revenuebonds, the state finance committee, withthe concurrenceof the director, may by resolution provide for the issuance of refunding revenue bonds with which to refund the outstanding
revenue bonds, or anypart thereof at maturity, orbefore maturity if they are by their terms or by other agreement, subject to call forpriorredemption, withthe right inthe 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 onlybe
a v aLid claim as against such special fund and the amount or proportionofthe revenue ofthe utilitypledged to saidfund. 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
revenuebonds which are being refunded, or itmay 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 through43.21A.642 withrespect torevenuebonds. [1988
c 127 

## s 21; 1965 c 8 

## s 43.21.370. Prior: 1957 c 275 

## s 15. Formerly RCW**43~21.370.]**

RCW43.21A.636 Steamelect.ricgeneratingplant--Signatureson bonds. All revenuebonds, includingrefundingrevenuebonds, shall be signedby the governor and the state auditor under the seal of the state, one ofwhich signatures shall be made manually and the other signature may be in printed facsimile, and any coupons may have printed or lithographic facsimile of the signatures of such officers. [1965 c 8 

## s 43.21.380. Prior: 1957 c 275 § 16. Formerly

### RCW 43.21.380.]

RCW43.21A.638 Steamelectricgeneratingplant--Provisions of law, resolution, a contract with'bondholder--Enforcement. The provisions ofRCW 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 suchresolution shall be enforceablebyany suchbondholdersbyappropriate actioninany 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 shallbe legal.securities, whichmaybeusedbya bankor trust company for deposit with the state treasurer, orby 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 inthis state, and for savings and loan associations, banks and insurance companies doing business in this state. All revenue bonds and all coupons appertainingthereto shallbenegotiable instrumentswithin themeaning and for all purposes ofthe negotiable instruments law. [1965 c 8 § 43.21.400. Prior: 1957 c 275 

## s 18. Formerly RCW 43.21.400.] 

# c

.. /"

RCW43.21A.642 Steam electric generatingplant--Directornot 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, orby a privately ownedpublic utility, orwhich hereaftermaybe acquiredby any city ordistrict 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 ]

# •

•

• .Effectivedate--1991 c 302: Seenote followingRCW46.16.670.

,RCW43.21A.660 Freshwater aquatic weeds management program. Funds in the freshwater aquatic weeds account may be appropriated to the department ofecology to develop a freshwater aquatic weeds management program. Funds shall ,be expended as follows: (1) No less than two-thirds ofthe appropriatedfunds shallbe issued as grants to (a) cities, counties, tribes, special purpose districts, and state agencies toprevent, remove, reduce, ormanage excessive freshwateraquaticweeds; (b) funddemonstrationorpilot projects consistentwiththepurposes ofthis section; and (c) fund hydrillaeradicationactivities inwaters ofthe 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) Nomore 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.

Effectivedate--1991 c 302: Seenote followingRCW46.16.670.

RCW43.21A.662 Freshwater aquatic weeds managementprogram-- 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) Recreationalboaters interestedinfreshwater aquaticweed 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 enactedbyJune 30, 1999, the aquatic nuisance species coordinating

.committee. (3) The advisory 'committee shall review and provide recommendations to the.'department on freshwater aquatic weeds managementprogramactivities andbudget andestablishcriteriafor 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 lawby June 30, 1999.

RCW43.21A.670 Seniorenvironmental corps--Departmentpowers andduties. (1) The departmentofecology 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.

RCW43.21A.680 Solidwasteplanadvisorycommitteeabolished. The directorofecology shall abolishthe solidwasteplanadvisory committee effective July 1, 1994. [1994 sp.s. c 9 § 804.]

NOTES: Severability--Headings andcaptionsnot law--Effectivedate-- 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 project torecoverfromthe applicantthe reasonable costs incurred bythe department incarryingout the requirements ofthis chapter,
as well as the requirements ofother 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 forworktobe conductedunder the agreement. Forpurposes ofthis section, a complexproject 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 carryout the work coveredby the cost-reimbursement agreement. The department may also use funds provided under a costreimbursement agreement to assign current staffto 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 shallprovide for accurate time andcost accounting andmay include a billing cycle that provides for progress payments. Use ofcost-reimbursement agreements shall notreducethecurrentlevel 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 complexprojects to compensate permitting agencies for providing environmental review through thevoluntarynegotiationofcost-reimbursement agreements with the permitting agency. It is the further intent of the legislaturethatcost-reimbursementagreements forcomplexprojects 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 construedinorderto carryout 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--Effectivedate"';-1970 ex.s. c 62. Seenotes following RCW 43.21A.OI0.

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

### J