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# 'Chapter70.105 RCW HAZARDOUS WASTEDISPOSAL

70.105.060 10.105.010 10.105.080 Sections 10.105.010 10.105.020

70.105.100 70.105.110 10.105.120 10.105.130 Definitions. Standardsandregulations--Adoption--Notice and

hearing---<::onsultation with other agencies. 10.105.030 List and information to be furnished by depositor of hazardouswaste--Rules and regulations. 10.105.040 Disposal site orfacility--Acquisition--Disposal fee schedule. 10.105.050 Disposal at other than approved siteprohibited-- Exception. Review of rules, regulations, criteria and feeschedules. Criteria for receiving waste at disposal site. Violations---<::ivil penalties--Enforcement--

Procedure. 10.105.090 Yiclauons-s-c-Gross misdemeanor. 10.105.095 Issuance of order requiring compliance--Penaltyfor noncompliance--Hearing--Appeal to pollution control hearings board. 70.105.097 Action for damages resulting fromviolation--Attorneys'fees. Powersand duties ofdepartment. Exceptions--Otheracts not affected. Authority ofattorneygeneral. Department's powersas designated agency under federal act. 70.105.140 Rules implemented under RCW 10. 105.l3o--Review. 70.105.145 Department's authority to participatein and administer federal act. 70.105.150 Declaration--Managementofhazardous waste-- Priorities--Definitions. 70.105.160 Waste management study--Adoptionor modification ofrules-Recommendationsto legislature. 70.105.170 Waste management--Consultativeservices-- Technicalassistanco--Confidentiality. 70.105.180 Disposition of fines and penalties. Hazardous materials incidents, handling and liability: RCW 10.136-

.010 through 10.136.010. Hazardous waste regulation: Chapter70.105A RCW. Transport of hazardous materials, state patrol authority over: Chapter

46.48 RCW.



### RCW 70.105.010 Definitions. The words and phrases defined in this section shall have the meanings indicated when used in this chapter unless the context clearly requires otherwise. (l) 

### "Department" means the departmentof ecology. (2) "Director" means the director of the department of ecology or his designee. (3) "Disposal site" means a geographical site in or upon which extremely hazardous wastes are disposed of inaccordance with the provisions of this chapter. (4) "Dispose or disposal" means the discarding or abandoning ofextremely hazardous wastes or the treatment, decontamination, or recycling of such wastes once they have beendiscarded or abandoned. (5) "Dangerous wastes" means any discarded, useless, unwanted, or abandoned nonradioactive substances. including but not limited to certain pesticides, or any residues orcontainersof such substances which aredisposed of in such quantity or concentration as to pose a substantial present or potential hazard to human health,

(1983 Laws) 

### wildlife, or the environment because such wastes or constituents or combinations of such wastes: . (a) Have short-lived, toxic properties that may cause death, injury, or illness or have mutagenic, teratogenic,

or carcinogenic properties; or (b) Are corrosive, explosive. flammable, or may generate pressure through decomposition or other means. (6) "Extremely hazardous waste" means any dangerous waste which (a) will persist in a hazardous form for several years or more at a disposal site and which in its persistent form (i) presents a significant environmental hazard and may beconcentrated by living organisms through a food chain or may affect the genetic make-up of man or wildlife, and (ii) is highly toxic to man or wildlife (b) if disposed of at a disposal site in such quantities as would present an extreme hazard to man or the environment. (7) 

### "Person" means any person, firm, association, county, public or municipal or private corporation,
agency, or other entity whatsoever. (8) "Pesticide" shall have the meaning of the term as defined in RCW 15.58.030 as now or hereafter amended. (9) "Solid waste advisory committee" means the same advisory committee as per RCW 70.95.040 through 70- .95.070. [1975-'76 2nd ex.s. c 101 § 

### 1.]

Appropriation---191S-'76 2ndex.s, e 101 § 12: 'There is appropriated to the department of ecology from the stateand localimprovements revolving account of the general fund out of the proceedsof the sale of bonds or notes as authorized inchapter 43.83A RCW (Referendum 26) the sum of one million three hundred fifty-three thousand dollars, or as much thereof as may be necessary, for the following
purposes:

(I) The sum of one hundred fifty-three thousand dollars for the department to develop a comprehensive plan for the adequatetreatment of extremely hazardous wastes being generated in the state, and the techniques and requirements necessary for adequately disposing ofsuch wastes and for securing and monitoring disposal sites. The objective of such a comprehensive plan shall be to determine the statewide facility requirements for the adequate disposal of extremely hazardous wastes beinggenerated in the state and for those expected to be generated in the future.

.

(2) The sum of one million two hundred thousand dollars for the purchase of real property on the Hanford Reservation by the department for the construction of a disposal site for extremely hazardous wastes and for the construction of facilities necessary for theoperation of the disposal site including, but not limited to, security and monitoringfacilities.'**1191~-'16** 2ndex.s, c 101 § 12.)



### RCW 70.105.020 Standards and regulations--**Adoptio~Notice** 

### and hearing---ConsultatioD with other agencies. The department after notice and public hearing shall:



### ICb. 70.105 RCW-p I)

### 70.105.020 Hazardous Waste Disposal

(I) Adopt regulations designating as extremely hazardous wastes subject to the provisions of this chapter those substances which exhibit characteristics consistent with thedefinition provided in RCW 

### 70.105.010(6); (2) Adopt and may revise when appropriate. minimum standards and regulationsfor disposal ofextremely hazardous wastes to protect against hazards to the public. and to the environment. Before adoption of such standards and regulations, the department shall consult with appropriate agencies of interested local governments and secure technical assistance from the department ofagriculture. the 

### department ofsocial and health services, the department of game. the department of natural 

### resources, the department of fisheries, the department of labor and industries, and the state fire mar

### shal, 

### [1975-'76 2nd ex.s. c 

### 101 § 2.)



### RCW 70.105.030 List and information to be furDished 

### by depositor of hazardous waste--Rules and regulations. 

### (l) After the effective date of the regulations adopted by the department designating extremely hazardous wastes, any person planning to dispose ofextremely hazardous waste 

### as designated by the department shall provide the operator of the disposal site with a list setting forth the extremely hazardous wastes for disposal, the amount of such wastes, the general chemical and mineral composition of such waste listed by approximate maximum and minimum percentages, and the origin of any such waste. Such list, when appropriate, shallincludeinformation on antidotes, first aid, or safety

measures to be taken in case of accidental contact with the particularextremely hazardous waste beingdisposed. 

### (2) The department shall adopt and enforce all rules and regulations including the form and content of the list, necessary and appropriate to accomplish the purposes of subsection (1) of this section. 

### [1975-'76 2nd

ex.s. c 

### 101 § 3.]



### RCW 70.105.040 Disposal site or facility--Ac**quisitio~Disposal** fee schedule. (I) The department through the 

### departmentof general administration, is authorized to acquire interests in real property from the federal government on the Hanford Reservation by gift. purchase. lease, or other means, to be used for the purpose of developing, operating, and maintaining an extremely hazardous waste disposal site or facility by the department, either directly or by agreement with public

or private persons or entities: Provided, That lands acquired under this section shall not be inconsistent with a local comprehensive plan approved prior to January I, 1976: Andprovidedfurther, That no lands acquired underthis section shall be subject to land use regulation by

a local government. (2) The department may establish an appropriate fee schedule for use of such disposal facilities to offset the
cost of administration of this chapter and the cost of development, operation, maintenance. and perpetual management of the disposal site. If operated by a private entity, the disposal fee may be such as to provide a reasonable profit. 

### [1975-'76 2nd ex.s. c 

### \01 § 4.]

(OJ.70.105RCW-p

### 21 RCW 

### 70.

### t05.050 Disposal at other than approved site prohibited--Exception.. No person shall dispose of designated extremely 

### hazardous wastes at any disposal site in the state other 

### than the disposal site established and approved for such purpose under provisions of this chapter, except when such wastes arc going to a processing facility which will result in the waste being reclaimed. treated, detoxified. neutralized. or otherwise processed to remove its harmful properties or characteristics. 

### [1975-'76 2nd ex.s. c 

### 101 § 

### 5.]

RCW 

### 70.t

### 05.060 Review of rules, regulations, criteria and fee schedules. All rules. regulations. criteria. and fee schedules adopted by the department to implement the provisions of this chapter shall be reviewed by the solid waste advisory committee for the purpose of recommending revisions, additions. or modifications thereto

as provided for the review of solid waste regulations and standards pursuant to chapter 

### 70.95 RCW. 

### [1975-'76 2nd ex.s. c 

### 101 § 6.]

RCW 

### 70.105.070 Criteria for receiving waste at disposal site. The department may elect to receive dangerous waste at the site provided under this chapter, provided 

### (1) it is upon request of the owner, producer. or person having custody ofthe waste. and (2) upon the paymentof a fee to cover disposal (3) it can be reasonablv**'1·'r~o'1strated** that there is no other disposal sites in the state that will handle such dangerous waste, and (4) the siteisdesigned to handle such a requestor can be modified to the extent necessary to adequately dispose of the waste, or 

### (5) if a demonstrable emergency and potential threat
to the public health and safety exists. 

### [1975-'76 2nd

ex.s. c 

### 101 

### § 7.]

RCW 

### 70.105.080 Violations--Civil penalties-- Enforcement--Procedure. (1) Every person who fails

to comply with any provision of this chapter or of the rules adopted thereunder shall be subjected to a penalty in an amount of not more tha n ten thousand dollars per day for every such violation. Each and every such violation shall be a separate and distinct offense. In case of continuing violation, every day's continuance shall be a separate and distinct violation. Every person who, through an act of 

### commission or omission. procures. aids, or abets in the violation shall beconsidered to have violated the provisions of this section and shall be subject to the penalty herein provided. (2) The penalty provided for in this section shall be imposed by a notice in writing, either by certified mail with return receipt requested or by personal service, to the person incurring the same from the department, describing the violation with reasonable particularity. Within fifteen days after the notice is received, the person incurring the penalty may apply in writing to the department for the remission or mitigation of such penalty. Upon receipt of the application, the department
may remit or mitigate the penalty upon whatever terms

(1983 Laws) ..**'_.~**...

. 

### , ·"0-.-**~<** \


### Hazardous Waste Disposal 70.105.100

,._ ....**~.** 

### the department in its discretion deems proper, giving consideration to the degree ofhazard associated with the violation, provided thedepartmentdeems such remission or mitigation to be in the best interests ofcarrying out the purposes of this chapter. The department ofecology 

### shall have authority to ascertain the facts regarding all such applications in such reasonable manner and under such rules as it may deem proper. Any penalty imposed by the provisions of this section shall be subject to review by the pollution control hearings board in accordance withchapter43.218 RCW. (3) Any penalty imposed by this section shall become due and payable thirty days afterreceipt of a notice imposing the same unlessapplication for remission or mitigation is made or petition for review by the hearings board is filed. When such anapplication for remission or mitigation is made, any penalty incurred pursuantto this section shall become due and payable thirty days afterreceipt of notice setting forth the disposition of such application. Any penalty resulting from a decision of the hearings board shall become due and payable thirtydays afterreceipt of the notice setting forth the decision. (4) If the amount of any penalty is not paid to the department of ecology within thirty days after it becomes due and payable, the attorney general, upon the request of the director, shall bring an action in the name of the state of Washington in the superior court of Thurston county, or of any county in which such violatormay do business, to recover such penalty. In all such actions, the procedure and rules of evidence shall be the same as an ordinary civil action except as otherwise in this chapter provided. [1983 c 172 

### § 2; 1975-'76 2nd

ex.s. c 101 

### § 8.]

SeYerablllty-I983c 172:See note followingRCW 70.105.097.



### RCW 70.105.090 

### Violations--Gross misdemeanor. In addition to the penalties imposedpursuanttoRCW 70.105.080, any person who violates any provisions of this chapter, or of the rules implementing this chapter, and any person who knowingly aids or abets another in conducting any violation of any provisions of this chapter, or of the rules implementing this chapter, shall be guilty of a gross misdemeanor and upon conviction thereof shall be punished by a fine of not less than one hundred dollars nor more than ten thousand dollars, and/or by imprisonment in the county jail for not more than one year, for each separateviolation. Each and every such violation shall be

# aseparate and distinct offense. [1983 c 172§ 

### 3; 1975-'76 2nd ex.s. c 101 § 

### 9.)

SeYerability-I983 c 172:See note followingRCW 70.105.097.



### RCW 70.105.095 

### Issuance of order requiring compliance--Penalty for noncompliance--Hearing-- Appeal to pollution control hearings board. (1) Whenever on the basis on any information the department determines that a person has violated or is about to violate any provision of this chapter, the department may issue an order requiring compliance either immediately or within a specified period of time. The order shall be

(1983 Laws) 

### delivered by registered mail or personally to the person against whom the orderis directed. (2) Any person who fails to take corrective action as specified in a compliance order shall be liable for a civil penalty of not more than ten thousand dollars for each day of continued noncompliance. In addition, the department may suspend or revoke any permits and/or certificates issued under the provisions of this chapterto a person who fails to comply with an order directed against him. (3) Any order shall become final unless, nolaterthan thirty days after the order is served, the person or persons named in the order request a public hearing. The request shall be delivered either by registered mail or personally to the department. Upon receiving a request for a hearing, the department shall promptly conduct a public hearing to consider testimony and new information regarding the order. The department may, at its discretion, either modify the order or maintain it unchanged. The order shall become effective immediately after the department reaches a final decision, unless the department modifies the order to specify another compliance date. (4) Any person directly affected by a compliance order or by any decision of the department regarding a complianceordermay appeal the order or decision to the pollution control hearings board in accordance with

< 

### chapter43.218 RCW. [1983 c 172

### § 4.)

Severability--1983 c 172:See note followingRCW 70.105.097

.. <


### RCW 70.105.097 

### Action for damages resulting from'; violation-Attorneys' fees. A person injured as a

### result' of a violation of this chapteror the rules adopted there-

. < 

### under may bring an action in superior court for the recovery of the damages. A conviction or imposition ofa. penalty underthis chapter is not a prerequisiteto an action under this section. The court may award reasonable attorneys' fees to a prevailing injured party in an action under this section. [1983 c 172 

### § I.)

Severability--1983 c 172: 'Ifany provision of this act or its application to any person or circumstance is held invalid, the remainderof the aci or the application of the provision to other persons or circumstances is notaffected.' 11983 c 172 § 5.1



### RCW 70.105.100 

### Powers and duties of department. The department in performing its duties under this chapter may: (I) Conductstudies and coordinate research programs pertaining toextremely hazardous waste management; (1) 

### Render technical assistance to generators of dangerous and extremely hazardous wastes and to state and local agencies in the planning and operation ofhazardous waste programs; (3) Encourage and provide technical assistance to waste generators to form and operate a n

### waste exchange n 

### for the purpose of finding users for dangerous and extremelyhazardous wastes thatwouldotherwise be 

### disposed of: 

### Provided, That such technical assistance shall not violate the confidentiality of manufacturing processes; and

[Ch. 70.IOS**RCW~** 31

### 70.105.100 Hazardous Waste Disposal

(4) Provide for appropriate surveillance and monitoring of extremely hazardous waste disposal practices in the state. [1975-'76 2nd ex.s. c 101 § 10.]

RCW 70.105.110 Exceptions--Qther acts not affeeted, (l) 

### Nothing in this chapter shall apply to any radioactivewaste or radioactive material.

. (2) Nothing in this chapter shall alter, amend, or supersede the provisions of chapter 80.50 RCW, as now existing or hereafter amended, or grant to the department or to the solid waste advisory committee any authority regarding the regulation, certification, construction, or siting of thermal. power plants, as defined in such acts. [1975-'76 2nd ex.s. c 101 § II.]

RCW 70.105.120 Authority of attorney general. At the request of the department, the attorney general is authorizedto bring such injunctive, declaratory, or other actions toenforceany requirementof this chapter. [1980 c 144 

### § 2.]

RCW 70.105.130 Department'spowers as designated agency under federal act. (I) The department is designated as the state agency for implementing the federal

resource conservation and recovery act (42 U.S.c. Sec. 6901 et seq.). (2) The power granted to the department by this section is the authority to: (a) Establish a permit system for owners or operators of facilities which'treat, store, or dispose of dangerous
wastes: 

### Provided. That spent containers of pesticides or herbicides which have been used in normal farm operations and which are not extremely hazardous wastes, shall not be subjectto the permitsystem; (b) Establish standards for the safe transport, treatment, storage, and disposal ofdangerous wastes as may be necessary to protect human health and the environment; (c) Establish, to implementthis section: (i) A manifest system to track**dangerou~** 

### wastes; . (ii) Reporting, monitoring, recordkeeping, labeling, sampling requirements; and . " (iii) Owner, operator, and transporter responsibility: (d) Enter at reasonable times**establishm~nts** 

### re.gulated under this section for the purposes of mspecnon, monitoring, and sampling; and

.. (e) Adopt rules necessary to implement this section. (1980c 144 

### § I.]

RCW 70.105.140 Rules implemented under RCW 70.105.130--Review. Rules implementing RCW 70- .105.130 shall be submitted to the house and senate committees on ecology for review prior to being adopted in accordance with chapter 34.04 RCW. [1980 c 144 § 

### 3.]

RCW 70.105.145 Department's authority to participate in and administer**feder~l.** 

### act. The**~epartm~nt** 

### of ecology is empowered to participate ful1y In 

### and IS 

### empowered to administer al1 programs of the**~eder.al** 

### Resource Conservation and Recovery Act, as It exists on

101-70.IOSRCW-p4) 

### July 24, 1983, (42 U.S.c. Sec.**6?~1** 

### et .seq.), contemplated for participation and administration by a state under thatact. [1983 c 270 § 

### 2.]

Severability-1983 c 270:See notefollowing RCW90.48.260.



### RCW 70.105.150 Declaration--Management of hazardous waste---Priorities--Definitions. The legislature hereby declares that: ( I) The health and welfare of the people of the state depend onclean and pure environmental resources unaffected by hazardous waste contamination. Management and regulation of hazardous waste disposal should encourage practices which result in the least am?unt of waste being produced. Towards that end, the legislature finds that the following priorities in the management of hazardous waste are necessary and should be followed in orderofdescending priority as applicable: (a) Waste reduction; (b) Waste recycling; (c) Physical, chemical, and biologicaltreatment; (d) Incineration; (e) Solidification/stabilization treatment; (f) 

### Landfill. (2) As used in this section: (a) "Waste reduction" means reducing waste so that hazardous byproducts are not produced;

. (b) "Waste recycling" means reusing waste materials and extractingvaluable materials from a waste stream; (c) "Physical, chemical, and**biolo~ical treatme~t"**  

### means processing the waste to render It completely I.nnocuous, produce a recyclable byproduct, reduce toX!City, 

### or substantially reduce the volume of material requiring disposal; . (d) "Incineration" means reducing the**~olum~** 

### or toxicity of wastes by use of an enclosed device using controlled flame combustion; (e) "Solidification/stabilization treatment" means the use of encapsulation techniques to solidify wastes and make them less permeable or leachable; and (f) 

### "Landfill" means a disposal facility, or part**o~** 

### a facility, at which waste is placed in or on land and which is not a land treatment facility, surface impoundment, or injection well. [1983 1st ex.s, c 70 

### § I.]

RCW 70.105.160 Waste management study-- Adoption or modification of rules--Recommendations
to legislature. The department shall c?nduct a study:o determine the best management practices for categones of waste for the priority waste management r:nethods e?- tablished in RCW 70.105.150, with dueconsideration 10 

### the course of the study to sound environmental management and available technology. As an element of the study, the department shall review methods that will help achieve the priority of RCW 70.105.150(I)(a),
waste reduction. After conducting the study, the department shall prepare new rules or modify existing**r~le.s** 

### .as appropriate to promote implementation of the pnonues established in RCW 70.105.150 for management practices which assure use of sound environmental management techniques and available technology. The preliminary study shall be completed by July I, 1986,

(1983 Laws)**.~ 't::..~\~·l** 

.... •

..t .• r

. :.,; 

# UHazardous Waste Disposal

and the rules shalI beadopted by July I, 1987. The solid waste advisory committee shalI review the studies and the new or modified rules and submit recommendations to the legislature by January I, 1988, regarding policy options (such as fee incentives, disposal bans, etc.) that wilI be used to reduce the production of dangerous and extremely hazardous waste in Washington state. [1983 1st

### ex.s,c 70 

### § 2.]

RCW 

### 70.105.170 Waste management--Consultative services--Technical assistance--Confidenti-" ality. Consistent with the purposes of RCW 70.105.150 and 70.105.160, the department isauthorized to promote the priority waste management methods listed in RCW 70.105.150 by establishing or assisting in the establishment of: (I) Consultative services which, in conjunction with any business or industry requesting such service, study and recommend alternative waste management practices; and (2) technical assistance, such as a 

### tollfree telephone service, to persons interested in waste management alternatives. Any person receiving such service or assistance may, in accordance with state law, requestconfidential treatment ofinformation about their manufacturing or business practices. [1983 1st ex.s. c 70 

### § 3.]

RCW 

### 70.105.180 Disposition offines and penalties. AlI fines and penalties collected under this chapter shall 

### bedeposited in the hazardous waste control and elimination account, which is hereby created in the state general fund. Moneys in the account collected from fines and penalties shall be expended exclusively by the departmentof ecology for the purposesof·this act, subject
to legislative appropriation. Other sources of funds deposited in this account may also be used for thepurposes of·this act. [1983 1st ex.s. c 70 

### § 4.]

°Reriser"snote: 'This act' [1983 1st ex.s, c 70) consists of RCW 70.105.1SO through 70.105.180 and an uncodified appropriation section.**(198~** Laws) 

### 70.105.180



## -.,.-,

(Cb.70.105 RCW-p 5)