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~'-"'" .;) .~;;;:r.. 'Chapter 70.105 RCW

HAZARDOUS WASTE DISPOSAL

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.

Standards and regulations--Adoption--Notice and

hearing---<::onsultation with other agencies.

10.105.030 List and information to be furnished by depositor of

hazardous waste--Rules and regulations.

10.105.040 Disposal site or facility--Acquisition--Disposal fee

schedule.

10.105.050 Disposal at other than approved site prohibited--

Exception.

Review of rules, regulations, criteria and fee schedules.

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--Penalty for

noncompliance--Hearing--Appeal to pollution

control hearings board.

70.105.097 Action for damages resulting from violation--Attorneys' fees.

Powers and duties of department.

Exceptions--Other acts not affected.

Authority of attorney general.

Department's powers as designated agency under federal act.

70.105.140 Rules implemented under RCW 10. 105.l3o--Review.

70.105.145 Department's authority to participate in and administer

federal act.

70.105.150 Declaration--Management of hazardous waste--

Priorities--Definitions.

70.105.160 Waste management study--Adoption or modification

of rules-Recommendations to legislature.

70.105.170 Waste management--Consultative services--

Technical assistanco--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: Chapter 70.105A 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 department of 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

in accordance with the provisions of this chapter.

(4) "Dispose or disposal" means the discarding or

abandoning of extremely hazardous wastes or the treatment, decontamination, or recycling of such wastes once

they have been discarded or abandoned.

(5) "Dangerous wastes" means any discarded, useless,

unwanted, or abandoned nonradioactive substances. including but not limited to certain pesticides, or any residues or containers of such substances which are disposed

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 be concentrated 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 2nd ex.s, e 101 § 12: 'There is appropriated to the department of ecology from the state and local improvements revolving account of the general fund out of the proceeds of the

sale of bonds or notes as authorized in chapter 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 adequate treatment

of extremely hazardous wastes being generated in the state, and the

techniques and requirements necessary for adequately disposing of

such 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 being generated 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 the operation

of the disposal site including, but not limited to, security and monitoring facilities.' 1191~-'16 2nd ex.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 the definition provided in RCW 70.105.010(6);

(2) Adopt and may revise when appropriate. minimum standards and regulations for disposal of extremely

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 of agriculture. the department of social 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 marshal, [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 of extremely 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,

shall include information on antidotes, first aid, or safety

measures to be taken in case of accidental contact with

the particular extremely hazardous waste being disposed.

(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--Acquisitio~Disposalfee schedule. (I) The department

through the department of 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: And provided further, That no lands acquired under this 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. 70.105 RCW-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 of the waste. and

(2) upon the payment of 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 site is designed to handle such a request or 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 be considered 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)

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\

Hazardous Waste Disposal 70.105.100

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the department in its discretion deems proper, giving

consideration to the degree of hazard associated with the

violation, provided the department deems such remission

or mitigation to be in the best interests of carrying out

the purposes of this chapter. The department of ecology

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 with chapter 43.218 RCW.

(3) Any penalty imposed by this section shall become

due and payable thirty days after receipt of a notice imposing the same unless application for remission or mitigation is made or petition for review by the hearings

board is filed. When such an application for remission or

mitigation is made, any penalty incurred pursuant to this

section shall become due and payable thirty days after

receipt of notice setting forth the disposition of such application. Any penalty resulting from a decision of the

hearings board shall become due and payable thirty days

after receipt 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 violator

may 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-I983 c 172: See note following RCW 70.105.097.

RCW 70.105.090 Violations--Gross misdemeanor. In addition to the penalties imposed pursuant to

RCW 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 separate violation. Each and every such violation shall be a separate and distinct offense. [1983 c 172 § 3; 1975-'76 2nd ex.s. c 101 § 9.)

SeYerability-I983 c 172: See note following RCW 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 order is 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 chapter to

a person who fails to comply with an order directed

against him.

(3) Any order shall become final unless, no later than

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

compliance order may appeal the order or decision to the

pollution control hearings board in accordance with <

chapter 43.218 RCW. [1983 c 172 § 4.)

Severability--1983 c 172: See note following RCW 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 chapter or the rules adopted there- . <

under may bring an action in superior court for the recovery of the damages. A conviction or imposition of a.

penalty under this chapter is not a prerequisite to 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: 'If any provision of this act or its application to any person or circumstance is held invalid, the remainder

of the aci or the application of the provision to other persons or circumstances is not affected.' 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) Conduct studies and coordinate research programs

pertaining to extremely 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 of hazardous 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 extremely hazardous wastes that would otherwise 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

radioactive waste 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

authorized to bring such injunctive, declaratory, or other

actions to enforce any requirement of this chapter. [1980

c 144 § 2.]

RCW 70.105.130 Department's powers 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 subject to the permit system;

(b) Establish standards for the safe transport, treatment, storage, and disposal of dangerous wastes as may

be necessary to protect human health and the

environment;

(c) Establish, to implement this section:

(i) A manifest system to track dangerou~ wastes; .

(ii) Reporting, monitoring, record keeping, 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.

(1980 c 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.IOS RCW-p 4)

July 24, 1983, (42 U.S.c. Sec. 6?~1 et .seq.), contemplated for participation and administration by a state

under that act. [1983 c 270 § 2.]

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

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 on clean 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

order of descending priority as applicable:

(a) Waste reduction;

(b) Waste recycling;

(c) Physical, chemical, and biological treatment;

(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 extracting valuable 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 due consideration 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)

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U
Hazardous Waste Disposal

and the rules shalI be adopted 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 is authorized 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,

request confidential treatment of information about their

manufacturing or business practices. [1983 1st ex.s. c 70

§ 3.]

RCW 70.105.180 Disposition of fines and penalties.

AlI fines and penalties collected under this chapter shall

be deposited 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 department of ecology for the purposes of ·this act, subject

to legislative appropriation. Other sources of funds deposited in this account may also be used for the purposes

of ·this act. [1983 1st ex.s. c 70 § 4.]

°Reriser"s note: 'This act' [1983 1st ex.s, c 70) consists of RCW

70.105.1 SO through 70.105.180 and an uncodified appropriation

section.

(198~ Laws)

70.105.180

-.,.-,

(Cb.70.105 RCW-p 5)