RCW 70.105 - 1

Chapter 70.105 RCW

Hazardous waste management

Chapter Listing | RCW Dispositions

RCW Sections

70.105.005 Legislative declaration.

70.105.007 Purpose.

70.105.010 Definitions.

70.105.020 Standards and regulations -- Adoption -- Notice and hearing -- Consultation with 

other agencies.

70.105.025 Environmental excellence program agreements -- Effect on chapter.

70.105.030 List and information to be furnished by depositor of hazardous waste -- Rules and 

regulations.

70.105.035 Solid wastes -- Conditionally exempt from chapter.

70.105.040 Disposal site or facility -- Acquisition -- Disposal fee schedule.

70.105.050 Disposal at other than approved site prohibited -- Disposal of radioactive wastes.

70.105.060 Review of rules, regulations, criteria and fee schedules.

70.105.070 Criteria for receiving waste at disposal site.

70.105.080 Violations -- Civil penalties.

70.105.085 Violations -- Criminal penalties.

70.105.090 Violations -- Gross misdemeanor.

70.105.095 Violations -- Orders -- Penalty for noncompliance -- Appeal.

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

70.105.100 Powers and duties of department.
RCW 70.105 - 2

70.105.105 Duty of department to regulate PCB waste.

70.105.109 Regulation of wastes with radioactive and hazardous components.

70.105.110 Regulation of dangerous wastes associated with energy facilities.

70.105.111 Radioactive wastes -- Authority of department of social and health services.

70.105.112 Application of chapter to special incinerator ash.

70.105.116 Hazardous substance remedial actions -- Procedural requirements not applicable.

70.105.120 Authority of attorney general.

70.105.130 Department's powers as designated agency under federal act.

70.105.135 Copies of notification forms or annual reports to officials responsible for fire 

protection.

70.105.140 Rules implemented under RCW 70.105.130 -- 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 -- Public hearings -- Adoption or modification of rules.

70.105.165 Disposal of dangerous wastes at commercial off-site land disposal facilities --

Limitations.

70.105.170 Waste management -- Consultative services -- Technical assistance --

Confidentiality.

70.105.180 Disposition of fines and penalties -- Earnings.

70.105.200 Hazardous waste management plan.

70.105.210 Hazardous waste management facilities -- Department to develop criteria for 

siting.

70.105.215 Department to adopt rules for permits for hazardous substances treatment 

facilities.

70.105.217 Local government regulatory authority to prohibit or condition.
RCW 70.105 - 3

70.105.220 Local governments to prepare local hazardous waste plans -- Basis -- Elements 

required.

70.105.221 Local governments to prepare local hazardous waste plans -- Used oil recycling 

element.

70.105.225 Local governments to designate zones -- Departmental guidelines -- Approval of 

local government zone designations or amendments -- Exemption.

70.105.230 Local governments to submit letter of intent to identify or designate zones and 

submit management plans -- Department to prepare plan in event of failure to act.

70.105.235 Grants to local governments for plan preparation, implementation, and designation 

of zones -- Matching funds -- Qualifications.

70.105.240 State preemption -- Department sole authority -- Local requirements superseded -

- State authority over designated zone facilities.

70.105.245 Department may require notice of intent for management facility permit.

70.105.250 Appeals to pollution control hearings board.

70.105.255 Department to provide technical assistance with local plans.

70.105.260 Department to assist conflict resolution activities related to siting facilities --

Agreements may constitute conditions for permit.

70.105.270 Requirements of RCW 70.105.200 through 70.105.230 and 70.105.240(4) not 

mandatory without legislative appropriation.

70.105.280 Service charges.

70.105.300 Metals mining and milling operations permits -- Inspections by department of 

ecology.

70.105.900 Short title -- 1985 c 448.

Notes:

Environmental certification programs -- Fees -- Rules -- Liability: RCW 43.21A.175. 

Hazardous materials incidents, handling and liability: RCW 70.136.010 through 

70.136.070. 

Radioactive and hazardous waste emergency response programs, state coordinator: 

RCW 38.52.030. 
RCW 70.105 - 4

Transport of hazardous materials, state patrol authority over: Chapter 46.48 RCW. 

70.105.005

Legislative declaration.

The legislature hereby finds and declares:

 (1) The health and welfare of the people of the state depend on clean and pure environmental resources 

unaffected by hazardous waste contamination. At the same time, the quality of life of the people of the state is in part 

based upon a large variety of goods produced by the economy of the state. The complex industrial processes that 

produce these goods also generate waste by-products, some of which are hazardous to the public health and the 

environment if improperly managed.

 (2) Safe and responsible management of hazardous waste is necessary to prevent adverse effects on the 

environment and to protect public health and safety.

 (3) The availability of safe, effective, economical, and environmentally sound facilities for the management of 

hazardous waste is essential to protect public health and the environment and to preserve the economic strength of 

the state.

 (4) Strong and effective enforcement of federal and state hazardous waste laws and regulations is essential to 

protect the public health and the environment and to meet the public's concerns regarding the acceptance of needed 

new hazardous waste management facilities.

 (5) Negotiation, mediation, and similar conflict resolution techniques are useful in resolving concerns over the local 

impacts of siting hazardous waste management facilities.

 (6) Safe and responsible management of hazardous waste requires an effective planning process that involves 

local and state governments, the public, and industry.

 (7) Public acceptance and successful siting of needed new hazardous waste management facilities depends on 

several factors, including:

 (a) Public confidence in the safety of the facilities;

 (b) Assurance that the hazardous waste management priorities established in this chapter are being carried out to 

the maximum degree practical;

 (c) Recognition that all state citizens benefit from certain products whose manufacture results in the generation of 

hazardous by-products, and that all state citizens must, therefore, share in the responsibility for finding safe and 

effective means to manage this hazardous waste; and

 (d) Provision of adequate opportunities for citizens to meet with facility operators and resolve concerns about local 

hazardous waste management facilities.

 (8) Due to the controversial and regional nature of facilities for the disposal and incineration of hazardous waste, 

the facilities have had difficulty in obtaining necessary local approvals. The legislature finds that there is a statewide 

interest in assuring that such facilities can be sited.

 It is therefore the intent of the legislature to preempt local government's authority to approve, deny, or otherwise 

regulate disposal and incineration facilities, and to vest in the department of ecology the sole authority among state, 

regional, and local agencies to approve, deny, and regulate preempted facilities, as defined in this chapter.

 In addition, it is the intent of the legislature that such complete preemptive authority also be vested in the 

department for treatment and storage facilities, in addition to disposal and incineration facilities, if a local government 

fails to carry out its responsibilities established in RCW 70.105.225.

 It is further the intent of the legislature that no local ordinance, permit requirement, other requirement, or decision 
RCW 70.105 - 5

shall prohibit on the basis of land use considerations the construction of a hazardous waste management facility 

within any zone designated and approved in accordance with this chapter, provided that the proposed site for the 

facility is consistent with applicable state siting criteria.

 (9) With the exception of the disposal site authorized for acquisition under this chapter, the private sector has had 

the primary role in providing hazardous waste management facilities and services in the state. It is the intent of the 

legislature that this role be encouraged and continue into the future to the extent feasible. Whether privately or 

publicly owned and operated, hazardous waste management facilities and services should be subject to strict 

governmental regulation as provided under this chapter.

 (10) Wastes that are exempt or excluded from full regulation under this chapter due to their small quantity or 

household origin have the potential to pose significant risk to public health and the environment if not properly 

managed. It is the intent of the legislature that the specific risks posed by such waste be investigated and assessed 

and that programs be carried out as necessary to manage the waste appropriately. In addition, the legislature finds 

that, because local conditions vary substantially in regard to the quantities, risks, and management opportunities 

available for such wastes, local government is the appropriate level of government to plan for and carry out programs 

to manage moderate-risk waste, with assistance and coordination provided by the department. 

[1985 c 448 § 2.]

Notes:

 Severability -- 1985 c 448: "If any provision of this act or its application to any person or 

circumstance is held invalid, the remainder of the act or the application of the provision to other 

persons or circumstances is not affected." [1985 c 448 § 19.] 

70.105.007

Purpose.

The purpose of this chapter is to establish a comprehensive statewide framework for the planning, regulation, control, 

and management of hazardous waste which will prevent land, air, and water pollution and conserve the natural, 

economic, and energy resources of the state. To this end it is the purpose of this chapter:

 (1) To provide broad powers of regulation to the department of ecology relating to management of hazardous 

wastes and releases of hazardous substances;

 (2) To promote waste reduction and to encourage other improvements in waste management practices;

 (3) To promote cooperation between state and local governments by assigning responsibilities for planning for 

hazardous wastes to the state and planning for moderate-risk waste to local government;

 (4) To provide for prevention of problems related to improper management of hazardous substances before such 

problems occur; and

 (5) To assure that needed hazardous waste management facilities may be sited in the state, and to ensure the 

safe operation of the facilities. 

[1985 c 448 § 3.]

Notes:
RCW 70.105 - 6

 Severability -- 1985 c 448: See note following RCW 70.105.005. 

70.105.010

Definitions.

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The words and phrases defined in this section shall have the meanings indicated when used in this chapter unless 

the context clearly requires otherwise.

 (1) "Dangerous wastes" means any discarded, useless, unwanted, or abandoned 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, 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.

 (2) "Department" means the department of ecology.

 (3) "Designated zone facility" means any facility that requires an interim or final status permit under rules adopted 

under this chapter and that is not a preempted facility as defined in this section.

 (4) "Director" means the director of the department of ecology or the director's designee.

 (5) "Disposal site" means a geographical site in or upon which hazardous wastes are disposed of in accordance 

with the provisions of this chapter.

 (6) "Dispose or disposal" means the discarding or abandoning of hazardous wastes or the treatment, 

decontamination, or recycling of such wastes once they have been discarded or abandoned.

 (7) "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 human beings or wildlife, and

 (ii) Is highly toxic to human beings or wildlife

 (b) If disposed of at a disposal site in such quantities as would present an extreme hazard to human beings or the 

environment.

 (8) "Facility" means all contiguous land and structures, other appurtenances, and improvements on the land used 

for recycling, storing, treating, incinerating, or disposing of hazardous waste.

 (9) "Hazardous household substances" means those substances identified by the department as hazardous 

household substances in the guidelines developed under RCW 70.105.220.

 (10) "Hazardous substances" means any liquid, solid, gas, or sludge, including any material, substance, product, 

commodity, or waste, regardless of quantity, that exhibits any of the characteristics or criteria of hazardous waste as 
RCW 70.105 - 7

described in rules adopted under this chapter.

 (11) "Hazardous waste" means and includes all dangerous and extremely hazardous waste, including substances 

composed of both radioactive and hazardous components.

 (12) "Local government" means a city, town, or county.

 (13) "Moderate-risk waste" means (a) any waste that exhibits any of the properties of hazardous waste but is 

exempt from regulation under this chapter solely because the waste is generated in quantities below the threshold for 

regulation, and (b) any household wastes which are generated from the disposal of substances identified by the 

department as hazardous household substances.

 (14) "Person" means any person, firm, association, county, public or municipal or private corporation, agency, or 

other entity whatsoever.

 (15) "Pesticide" shall have the meaning of the term as defined in RCW 15.58.030 as now or hereafter amended.

 (16) "Preempted facility" means any facility that includes as a significant part of its activities any of the following 

operations: (a) Landfill, (b) incineration, (c) land treatment, (d) surface impoundment to be closed as a landfill, or (e) 

waste pile to be closed as a landfill.

 (17) "Service charge" means an assessment imposed under RCW 70.105.280 against those facilities that store, 

treat, incinerate, or dispose of dangerous or extremely hazardous waste that contains both a nonradioactive 

hazardous component and a radioactive component. Service charges shall also apply to facilities undergoing closure 

under this chapter in those instances where closure entails the physical characterization of remaining wastes which 

contain both a nonradioactive hazardous component and a radioactive component or the management of such 

wastes through treatment or removal, except any commercial low-level radioactive waste facility.

 (18) "Solid waste advisory committee" means the same advisory committee as per RCW 70.95.040 through 

70.95.070. 

[2009 c 549 § 1027; 1989 c 376 § 1; 1987 c 488 § 1; 1985 c 448 § 1; 1975-'76 2nd ex.s. c 101 § 1.]

Notes:

 Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 

1.08.015(2)(k). 

 Severability -- 1989 c 376: "If any provision of this act or its application to any 

person or circumstance is held invalid, the remainder of the act or the application of the 

provision to other persons or circumstances is not affected." [1989 c 376 § 4.] 

 Severability -- 1985 c 448: See note following RCW 70.105.005. 

70.105.020

Standards and regulations — Adoption — Notice and hearing — Consultation with other 

agencies.

The department after notice and public hearing shall:

 (1) 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);
RCW 70.105 - 8

 (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 fish and wildlife, the department of natural resources, the department of labor and industries, and the 

**department of community, trade, and economic development, through the director of fire protection. 

[1994 c 264 § 42; 1988 c 36 § 28; 1986 c 266 § 119; 1975-'76 2nd ex.s. c 101 § 2.]

Notes:

 Reviser's note: *(1) Due to the alphabetization of RCW 70.105.010 pursuant to RCW 

1.08.015(2)(k), subsection (6) was changed to subsection (7).

 **(2) The "department of community, trade, and economic development" was renamed the 

"department of commerce" by 2009 c 565. 

 Severability -- 1986 c 266: See note following RCW 38.52.005. 

70.105.025

Environmental excellence program agreements — Effect on chapter.

Notwithstanding any other provision of law, any legal requirement under this chapter, including any standard, 

limitation, rule, or order is superseded and replaced in accordance with the terms and provisions of an environmental 

excellence program agreement, entered into under chapter 43.21K RCW. 

[1997 c 381 § 23.]

Notes:

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

70.105.030

List and information to be furnished by depositor of hazardous waste — Rules and 

regulations.

(1) 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.
RCW 70.105 - 9

 (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.]

70.105.035

Solid wastes — Conditionally exempt from chapter.

Solid wastes that designate as dangerous waste or extremely hazardous waste but do not designate as hazardous 

waste under federal law are conditionally exempt from the requirements of this chapter, if:

 (1) The waste is generated pursuant to a consent decree issued under chapter 70.105D RCW;

 (2) The consent decree characterizes the solid waste and specifies management practices and a departmentapproved treatment or disposal location;

 (3) The management practices are consistent with RCW 70.105.150 and are protective of human health and the 

environment as determined by the department of ecology; and

 (4) Waste treated or disposed of on-site will be managed in a manner determined by the department to be as 

protective of human health and the environment as clean-up standards pursuant to chapter 70.105D RCW.

 This section shall not be interpreted to limit the ability of the department to apply any requirement of this chapter 

through a consent decree issued under chapter 70.105D RCW, if the department determines these requirements to 

be appropriate. Neither shall this section be interpreted to limit the application of this chapter to a cleanup conducted 

under the federal comprehensive environmental response, compensation, and liability act (42 U.S.C. Sec. 9601 et 

seq., as amended). 

[1994 c 254 § 5.]

70.105.040

Disposal site or facility — Acquisition — Disposal fee schedule.

(1) 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 1, 

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 101 § 4.]
RCW 70.105 - 10

70.105.050

Disposal at other than approved site prohibited — Disposal of radioactive wastes.

(1) 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:

 (a) When such wastes are 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; or

 (b) When such wastes are managed on-site as part of a remedial action conducted by the department or by 

potentially liable persons under a consent decree issued by the department pursuant to chapter 70.105D RCW.

 (2) Extremely hazardous wastes that contain radioactive components may be disposed at a radioactive waste 

disposal site that is (a) owned by the United States department of energy or a licensee of the nuclear regulatory 

commission and (b) permitted by the department and operated in compliance with the provisions of this chapter.

However, prior to disposal, or as a part of disposal, all reasonable methods of treatment, detoxification, neutralization, 

or other waste management methodologies designed to mitigate hazards associated with these wastes shall be 

employed, as required by applicable federal and state laws and regulations. 

[1994 c 254 § 6; 1987 c 488 § 4; 1975-'76 2nd ex.s. c 101 § 5.]

70.105.060

Review of rules, regulations, criteria and fee schedules.

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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.]

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 reasonably demonstrated that there is no other disposal sites in the state that will handle such 
RCW 70.105 - 11

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.]

70.105.080

Violations — Civil penalties.

(1) Except as provided in RCW 43.05.060 through 43.05.080 and 43.05.150, 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 than 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 pursuant to the procedures in RCW 43.21B.300. 

[1995 c 403 § 631; 1987 c 109 § 12; 1983 c 172 § 2; 1975-'76 2nd ex.s. c 101 § 8.]

Notes:

 Findings -- Short title -- Intent -- 1995 c 403: See note following RCW 34.05.328. 

 Part headings not law -- Severability -- 1995 c 403: See RCW 43.05.903 and 

43.05.904.

 Purpose -- Short title -- Construction -- Rules -- Severability -- Captions -- 1987 

c 109: See notes following RCW 43.21B.001. 

 Severability -- 1983 c 172: See note following RCW 70.105.097. 

70.105.085

Violations — Criminal penalties.

(1) Any person who knowingly transports, treats, stores, handles, disposes of, or exports a hazardous substance in 

violation of this chapter is guilty of: (a) A class B felony punishable according to chapter 9A.20 RCW if the person 

knows at the time that the conduct constituting the violation places another person in imminent danger of death or 

serious bodily injury; or (b) a class C felony punishable according to chapter 9A.20 RCW if the person knows that the 

conduct constituting the violation places any property of another person or any natural resources owned by the state 

of Washington or any of its local governments in imminent danger of harm.
RCW 70.105 - 12

 (2) As used in this section: (a) "Imminent danger" means that there is a substantial likelihood that harm will be 

experienced within a reasonable period of time should the danger not be eliminated; and (b) "knowingly" refers to an

awareness of facts, not awareness of law. 

[2003 c 53 § 357; 1989 c 2 § 15 (Initiative Measure No. 97, approved November 8, 1988).]

Notes:

 Intent -- Effective date -- 2003 c 53: See notes following RCW 2.48.180. 

 Short title -- Captions -- Construction -- Existing agreements -- Effective date --

Severability -- 1989 c 2: See RCW 70.105D.900 through 70.105D.921, respectively. 

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. In case of continuing violation, every 

day's continuance shall be a separate and distinct offense. 

[1984 c 237 § 1; 1983 c 172 § 3; 1975-'76 2nd ex.s. c 101 § 9.]

Notes:

 Severability -- 1983 c 172: See note following RCW 70.105.097. 

70.105.095

Violations — Orders — Penalty for noncompliance — Appeal.

(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 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 may be appealed pursuant to RCW 43.21B.310. 
RCW 70.105 - 13

[1987 c 109 § 16; 1983 c 172 § 4.]

Notes:

 Purpose -- Short title -- Construction -- Rules -- Severability -- Captions -- 1987 c 109: 

See notes following RCW 43.21B.001. 

 Severability -- 1983 c 172: See note following RCW 70.105.097. 

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 thereunder 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 § 1.]

Notes:

 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 act or the application of the provision to other 

persons or circumstances is not affected." [1983 c 172 § 5.] 

70.105.100

Powers and duties of department.

The department in performing its duties under this chapter may:

 (1) Conduct studies and coordinate research programs pertaining to extremely hazardous waste management;

 (2) 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 "waste exchange" 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

 (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 - 14

70.105.105

Duty of department to regulate PCB waste.

The department of ecology shall regulate under chapter 70.105 RCW, wastes generated from the salvaging, 

rebuilding, or discarding of transformers or capacitors that have been sold or otherwise transferred for salvage or 

disposal after the completion or termination of their useful lives and which contain polychlorinated biphenyls (PCB's) 

and whose disposal is not regulated under 40 C.F.R. part 761. Nothing in this section shall prohibit such wastes from 

being incinerated or disposed of at facilities permitted to manage PCB wastes under 40 C.F.R. part 761. 

[1985 c 65 § 1.]

70.105.109

Regulation of wastes with radioactive and hazardous components.

The department of ecology may regulate all hazardous wastes, including those composed of both radioactive and 

hazardous components, to the extent it is not preempted by federal law. 

[1987 c 488 § 2.]

70.105.110

Regulation of dangerous wastes associated with energy facilities.

(1) Nothing in this chapter shall alter, amend, or supersede the provisions of chapter 80.50 RCW, except that, 

notwithstanding any provision of chapter 80.50 RCW, regulation of dangerous wastes associated with energy 

facilities from generation to disposal shall be solely by the department pursuant to chapter 70.105 RCW. In the 

implementation of said section, the department shall consult and cooperate with the energy facility site evaluation 

council and, in order to reduce duplication of effort and to provide necessary coordination of monitoring and on-site 

inspection programs at energy facility sites, any on-site inspection by the department that may be required for the 

purposes of this chapter shall be performed pursuant to an interagency coordination agreement with the council.

 (2) To facilitate the implementation of this chapter, the energy facility site evaluation council may require certificate 

holders to remove from their energy facility sites any dangerous wastes, controlled by this chapter, within ninety days 

of their generation. 

[1987 c 488 § 3; 1984 c 237 § 3; 1975-'76 2nd ex.s. c 101 § 11.]
RCW 70.105 - 15

70.105.111

Radioactive wastes — Authority of department of social and health services.

Nothing in this chapter diminishes the authority of the department of social and health services to regulate the 

radioactive portion of mixed wastes pursuant to chapter 70.98 RCW. 

[1987 c 488 § 5.]

70.105.112

Application of chapter to special incinerator ash.

This chapter does not apply to special incinerator ash regulated under chapter 70.138 RCW except that, for purposes 

of RCW 4.22.070(3)(a), special incinerator ash shall be considered hazardous waste. 

[1987 c 528 § 9.]

Notes:

 Severability -- 1987 c 528: See RCW 70.138.902. 

70.105.116

Hazardous substance remedial actions — Procedural requirements not applicable.

The procedural requirements of this chapter shall not apply to any person conducting a remedial action at a facility 

pursuant to a consent decree, order, or agreed order issued pursuant to chapter 70.105D RCW, or to the department 

of ecology when it conducts a remedial action under chapter 70.105D RCW. The department of ecology shall ensure 

compliance with the substantive requirements of this chapter through the consent decree, order, or agreed order 

issued pursuant to chapter 70.105D RCW, or during the department-conducted remedial action, through the 

procedures developed by the department pursuant to RCW 70.105D.090. 

[1994 c 257 § 17.]

Notes:

 Severability -- 1994 c 257: See note following RCW 36.70A.270. 
RCW 70.105 - 16

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.]

70.105.130

Department's powers as designated agency under federal act.

(1) 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 dangerous wastes;

 (ii) Reporting, monitoring, recordkeeping, labeling, sampling requirements; and

 (iii) Owner, operator, and transporter responsibility;

 (d) Enter at reasonable times establishments regulated under this section for the purposes of inspection, 

monitoring, and sampling; and

 (e) Adopt rules necessary to implement this section. 

[1980 c 144 § 1.]

70.105.135

Copies of notification forms or annual reports to officials responsible for fire protection.

Any person who generates, treats, stores, disposes, or otherwise handles dangerous or extremely hazardous wastes 

shall provide copies of any notification forms, or annual reports that are required pursuant to RCW 70.105.130 to the 

fire departments or fire districts that service the areas in which the wastes are handled upon the request of the fire 

departments or fire districts. In areas that are not serviced by a fire department or fire district, the forms or reports 

shall be provided to the sheriff or other county official designated pursuant to *RCW 48.48.060 upon the request of 

the sheriff or other county official. This section shall not apply to the transportation of hazardous wastes. 
RCW 70.105 - 17

[1986 c 82 § 1.]

Notes:

 *Reviser's note: RCW 48.48.060 was recodified as RCW 43.44.050 pursuant to 2006 c 25 § 

13. 

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 34.05 RCW. 

[1980 c 144 § 3.]

70.105.145

Department's authority to participate in and administer federal act.

Notwithstanding any other provision of chapter 70.105 RCW, the department of ecology is empowered to participate 

fully in and is empowered to administer all aspects of the programs of the federal Resource Conservation and 

Recovery Act, as it exists on June 7, 1984, (42 U.S.C. Sec. 6901 et seq.), contemplated for participation and 

administration by a state under that act. 

[1984 c 237 § 2; 1983 c 270 § 2.]

Notes:

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

70.105.150

Declaration — Management of hazardous waste — Priorities — Definitions.

The legislature hereby declares that:

 (1) 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 amount 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:
RCW 70.105 - 18

 (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 by-products are not produced;

 (b) "Waste recycling" means reusing waste materials and extracting valuable materials from a waste stream;

 (c) "Physical, chemical, and biological treatment" means processing the waste to render it completely innocuous, 

produce a recyclable by-product, reduce toxicity, or substantially reduce the volume of material requiring disposal;

 (d) "Incineration" means reducing the volume 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 of 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 § 1.]

70.105.160

Waste management study — Public hearings — Adoption or modification of rules.

 *** CHANGE IN 2010 *** (SEE 2617-S2.SL) ***

The department shall conduct a study to determine the best management practices for categories of waste for the 

priority waste management methods established in RCW 70.105.150, with due consideration in 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(1)(a), waste reduction. Before issuing any 

proposed rules, the department shall conduct public hearings regarding the best management practices for the 

various waste categories studied by the department. After conducting the study, the department shall prepare new 

rules or modify existing rules as appropriate to promote implementation of the priorities 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 1, 1986, and the rules shall be adopted by 

July 1, 1987. The solid waste advisory committee shall review the studies and the new or modified rules.

 The studies shall be updated at least once every five years. The funding for these studies shall be from the 

hazardous waste control and elimination account, subject to legislative appropriation. 

[1998 c 245 § 110; 1984 c 254 § 2; 1983 1st ex.s. c 70 § 2.]
RCW 70.105 - 19

Notes:

 Severability -- 1984 c 254: "If any provision of this act or its application to any person or 

circumstance is held invalid, the remainder of the act or the application of the provision to other 

persons or circumstances is not affected." [1984 c 254 § 3.] 

70.105.165

Disposal of dangerous wastes at commercial off-site land disposal facilities — Limitations.

(1) Independent of the processing or issuance of any or all federal, state, and local permits for disposal of dangerous 

wastes, no disposal of dangerous wastes at a commercial off-site land disposal facility may be undertaken prior to 

July 1, 1986, unless:

 (a) The disposal results from actions taken under *RCW 70.105A.060 (2) and (3), or results from other emergency 

situations; or

 (b) Studies undertaken by the department under RCW 70.105.160 to determine the best management practices 

for various waste categories under the priority waste management methods established in RCW 70.105.150 are 

completed for the particular wastes or waste categories to be disposed of and any regulatory revisions deemed 

necessary by the department are proposed and do not prohibit land disposal of such wastes; or

 (c) Final regulations have been adopted by the department that allow for such disposal.

 (2) Construction of facilities used solely for the purpose of disposal of wastes that have not met the requirements 

of subsection (1) of this section shall not be undertaken by any developer of a dangerous waste disposal facility.

 (3) The department shall prioritize the studies of waste categories undertaken under RCW 70.105.160 to provide 

initial consideration of those categories most likely to be suitable for land disposal. Any regulatory changes deemed 

necessary by the department shall be proposed and subjected to the rule-making process by category as the study of 

each waste category is completed. All of the study shall be completed, and implementing regulations proposed, by 

July 1, 1986.

 (4) Any final permit issued by the department before the adoption of rules promulgated as a result of the study 

conducted under RCW 70.105.160 shall be modified as necessary to be consistent with such rules. 

[1984 c 254 § 1.]

Notes:

 *Reviser's note: RCW 70.105A.060 was repealed by 1990 c 114 § 21. 

 Severability -- 1984 c 254: See note following RCW 70.105.160. 
RCW 70.105 - 20

70.105.170

Waste management — Consultative services — Technical assistance — Confidentiality.

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: 

(1) 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 toll-free 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.]

70.105.180

Disposition of fines and penalties — Earnings.

All 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 treasury. Moneys in the account collected from fines and penalties shall 

be expended exclusively by the department of ecology for the purposes of chapter 70, Laws of 1983 1st ex. sess., 

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

purposes of chapter 70, Laws of 1983 1st ex. sess. All earnings of investments of balances in the hazardous waste 

control and elimination account shall be credited to the general fund. 

[1985 c 57 § 70; 1983 1st ex.s. c 70 § 4.]

Notes:

 Effective date -- 1985 c 57: See note following RCW 18.04.105. 

70.105.200

Hazardous waste management plan.

(1) The department shall develop, and shall update at least once every five years, a state hazardous waste 

management plan. The plan shall include, but shall not be limited to, the following elements:

 (a) A state inventory and assessment of the capacity of existing facilities to treat, store, dispose, or otherwise 

manage hazardous waste;

 (b) A forecast of future hazardous waste generation;

 (c) A description of the plan or program required by RCW 70.105.160 to promote the waste management priorities 

established in RCW 70.105.150;

 (d) Siting criteria as appropriate for hazardous waste management facilities, including such criteria as may be 

appropriate for the designation of eligible zones for designated zone facilities. However, these criteria shall not 

prevent the continued operation, at or below the present level of waste management activity, of existing facilities on 
RCW 70.105 - 21

the basis of their location in areas other than those designated as eligible zones pursuant to RCW 70.105.225;

 (e) Siting policies as deemed appropriate by the department; and

 (f) A plan or program to provide appropriate public information and education relating to hazardous waste 

management. The department shall ensure to the maximum degree practical that these plans or programs are 

coordinated with public education programs carried out by local government under RCW 70.105.220.

 (2) The department shall seek, encourage, and assist participation in the development, revision, and 

implementation of the state hazardous waste management plan by interested citizens, local government, business 

and industry, environmental groups, and other entities as appropriate.

 (3) Siting criteria shall be completed by December 31, 1986. Other plan components listed in subsection (1) of this 

section shall be completed by June 30, 1987.

 (4) The department shall incorporate into the state hazardous waste management plan those elements of the local 

hazardous waste management plans that it deems necessary to assure effective and coordinated programs 

throughout the state. 

[1985 c 448 § 4.]

Notes:

 Severability -- 1985 c 448: See note following RCW 70.105.005. 

70.105.210

Hazardous waste management facilities — Department to develop criteria for siting.

By May 31, 1990, the department shall develop and adopt criteria for the siting of hazardous waste management 

facilities. These criteria will be part of the state hazardous waste management plan as described in RCW 70.105.200. 

To the extent practical, these criteria shall be designed to minimize the short-term and long-term risks and costs that 

may result from hazardous waste management facilities. These criteria may vary by type of facilities and may 

consider natural site characteristics and engineered protection. Criteria may be established for:

 (1) Geology;

 (2) Surface and groundwater hydrology;

 (3) Soils;

 (4) Flooding;

 (5) Climatic factors;

 (6) Unique or endangered flora and fauna;

 (7) Transportation routes;

 (8) Site access;

 (9) Buffer zones;

 (10) Availability of utilities and public services;
RCW 70.105 - 22

 (11) Compatibility with existing uses of land;

 (12) Shorelines and wetlands;

 (13) Sole-source aquifers;

 (14) Natural hazards; and

 (15) Other factors as determined by the department. 

[1989 1st ex.s. c 13 § 2; 1985 c 448 § 5.]

Notes:

 Severability -- 1985 c 448: See note following RCW 70.105.005. 

70.105.215

Department to adopt rules for permits for hazardous substances treatment facilities.

The legislature recognizes the need for new, modified, or expanded facilities to treat, incinerate, or otherwise process 

or dispose of hazardous substances safely. In order to encourage the development of such facilities, the department 

shall adopt rules as necessary regarding the permitting of such facilities to ensure the most expeditious permit 

processing possible consistent with the substantive requirements of applicable law. If owners and operators are not 

the same entity, the operator shall be the permit applicant and responsible for the development of the permit 

application and all accompanying materials, as long as the owner also signs the application and certifies its 

ownership of the real property described in the application, and acknowledges its awareness of the contents of the 

application and receipt of a copy thereof. 

[1986 c 210 § 3.]

70.105.217

Local government regulatory authority to prohibit or condition.

Nothing in this chapter shall alter or affect the regulatory authority of a county, city, or jurisdictional health district to 

condition or prohibit the acceptance of hazardous waste in a county or city landfill. 

[1994 c 254 § 7.]
RCW 70.105 - 23

70.105.220

Local governments to prepare local hazardous waste plans — Basis — Elements required.

(1) Each local government, or combination of contiguous local governments, is directed to prepare a local hazardous 

waste plan which shall be based on state guidelines and include the following elements:

 (a) A plan or program to manage moderate-risk wastes that are generated or otherwise present within the 

jurisdiction. This element shall include an assessment of the quantities, types, generators, and fate of moderate-risk 

wastes in the jurisdiction. The purpose of this element is to develop a system of managing moderate-risk waste, 

appropriate to each local area, to ensure protection of the environment and public health;

 (b) A plan or program to provide for ongoing public involvement and public education in regard to the management 

of moderate-risk waste. This element shall provide information regarding:

 (i) The potential hazards to human health and the environment resulting from improper use and disposal of the 

waste; and

 (ii) Proper methods of handling, reducing, recycling, and disposing of the waste;

 (c) An inventory of all existing generators of hazardous waste and facilities managing hazardous waste within the 

jurisdiction. This inventory shall be based on data provided by the department;

 (d) A description of the public involvement process used in developing the plan;

 (e) A description of the eligible zones designated in accordance with RCW 70.105.225. However, the requirement 

to designate eligible zones shall not be considered part of the local hazardous waste planning requirements; and

 (f) Other elements as deemed appropriate by local government.

 (2) To the maximum extent practicable, the local hazardous waste plan shall be coordinated with other hazardous 

materials-related plans and policies in the jurisdiction.

 (3) Local governments shall coordinate with those persons involved in providing privately owned hazardous and 

moderate-risk waste facilities and services as follows: If a local government determines that a moderate-risk waste 

will be or is adequately managed by one or more privately owned facilities or services at a reasonable price, the local 

government shall take actions to encourage the use of that private facility or service. Actions taken by a local 

government under this subsection may include, but are not limited to, restricting or prohibiting the land disposal of a 

moderate-risk waste at any transfer station or land disposal facility within its jurisdiction.

 (4)(a) The department shall prepare guidelines for the development of local hazardous waste plans. The 

guidelines shall be prepared in consultation with local governments and shall be completed by December 31, 1986. 

The guidelines shall include a list of substances identified as hazardous household substances.

 (b) In preparing the guidelines under (a) of this subsection, the department shall review and assess information on 

pilot projects that have been conducted for moderate-risk waste management. The department shall encourage 

additional pilot projects as needed to provide information to improve and update the guidelines.

 (5) The department shall consult with retailers, trade associations, public interest groups, and appropriate units of 

local government to encourage the development of voluntary public education programs on the proper handling of 

hazardous household substances.

 (6) Local hazardous waste plans shall be completed and submitted to the department no later than June 30, 1990. 

Local governments may from time to time amend the local plan.

 (7) Each local government, or combination of contiguous local governments, shall submit its local hazardous 

waste plan or amendments thereto to the department. The department shall approve or disapprove local hazardous 

waste plans or amendments by December 31, 1990, or within ninety days of submission, whichever is later. The 

department shall approve a local hazardous waste plan if it determines that the plan is consistent with this chapter 

and the guidelines under subsection (4) of this section. If approval is denied, the department shall submit its 

objections to the local government within ninety days of submission. However, for plans submitted between January 

1, 1990, and June 30, 1990, the department shall have one hundred eighty days to submit its objections. No local 
RCW 70.105 - 24

government is eligible for grants under RCW 70.105.235 for implementing a local hazardous waste plan unless the 

plan for that jurisdiction has been approved by the department.

 (8) Each local government, or combination of contiguous local governments, shall implement the local hazardous 

waste plan for its jurisdiction by December 31, 1991.

 (9) The department may waive the specific requirements of this section for any local government if such local 

government demonstrates to the satisfaction of the department that the objectives of the planning requirements have 

been met. 

[1992 c 17 § 1; 1986 c 210 § 1; 1985 c 448 § 6.]

Notes:

 Severability -- 1985 c 448: See note following RCW 70.105.005. 

Used oil recycling element: RCW 70.95I.020. 

70.105.221

Local governments to prepare local hazardous waste plans — Used oil recycling element.

Local governments and combinations of local governments shall amend their local hazardous waste plans required 

under RCW 70.105.220 to comply with RCW 70.95I.020. 

[1991 c 319 § 312.]

Notes:

 Severability -- Part headings not law -- 1991 c 319: See RCW 70.95F.900 and 

70.95F.901. 

70.105.225

Local governments to designate zones — Departmental guidelines — Approval of local 

government zone designations or amendments — Exemption.

(1) Each local government, or combination of contiguous local governments, is directed to: (a) Demonstrate to the 

satisfaction of the department that existing zoning allows designated zone facilities as permitted uses; or (b) 

designate land use zones within its jurisdiction in which designated zone facilities are permitted uses. The zone 

designations shall be consistent with the state siting criteria adopted in accordance with RCW 70.105.210, except as 

may be approved by the department in accordance with subsection (6) of this section.

 (2) Local governments shall not prohibit the processing or handling of hazardous waste in zones in which the 

processing or handling of hazardous substances is not prohibited. This subsection does not apply in residential 

zones.
RCW 70.105 - 25

 (3) The department shall prepare guidelines, as appropriate, for the designation of zones under this section. The 

guidelines shall be prepared in consultation with local governments and shall be completed by December 31, 1986.

 (4) The initial designation of zones shall be completed or revised, and submitted to the department within eighteen 

months after the enactment of siting criteria in accordance with RCW 70.105.210. Local governments that do not 

comply with this submittal deadline shall be subject to the preemptive provisions of RCW 70.105.240(4) until such 

time as zone designations are completed and approved by the department. Local governments may from time to time 

amend their designated zones.

 (5) Local governments without land use zoning provisions shall designate eligible geographic areas within their 

jurisdiction, based on siting criteria adopted in accordance with RCW 70.105.210. The area designation shall be 

subject to the same requirements as if they were zone designations.

 (6) Each local government, or combination of contiguous local governments, shall submit its designation of zones 

or amendments thereto to the department. The department shall approve or disapprove zone designations or 

amendments within ninety days of submission. The department shall approve eligible zone designations if it 

determines that the proposed zone designations are consistent with this chapter, the applicable siting criteria, and 

guidelines for developing designated zones: PROVIDED, That the department shall consider local zoning in place as 

of January 1, 1985, or other special situations or conditions which may exist in the jurisdiction. If approval is denied, 

the department shall state within ninety days from the date of submission the facts upon which that decision is based 

and shall submit the statement to the local government together with any other comments or recommendations it 

deems appropriate. The local government shall have ninety days after it receives the statement from the department 

to make modifications designed to eliminate the inconsistencies and resubmit the designation to the department for 

approval. Any designations shall take effect when approved by the department.

 (7) The department may exempt a local government from the requirements of this section if:

 (a) Regulated quantities of hazardous waste have not been generated within the jurisdiction during the two 

calendar years immediately preceding the calendar year during which the exemption is requested; and

 (b) The local government can demonstrate to the satisfaction of the department that no significant portion of land 

within the jurisdiction can meet the siting criteria adopted in accordance with RCW 70.105.210. 

[1989 1st ex.s. c 13 § 1; 1985 c 448 § 7.]

Notes:

 Severability -- 1985 c 448: See note following RCW 70.105.005. 

70.105.230

Local governments to submit letter of intent to identify or designate zones and submit 

management plans — Department to prepare plan in event of failure to act.

(1) Each local government is directed to submit to the director of the department by October 31, 1987, a letter of 

intent stating that it intends to (a) identify, or designate if necessary, eligible zones for designated zone facilities no 

later than June 30, 1988, and (b) submit a complete local hazardous waste management plan to the department no 

later than June 30, 1990. The letters shall also indicate whether these requirements will be completed in conjunction 

with other local governments.

 (2) If any local government fails to submit a letter as provided in subsection (1)(b) of this section, or fails to adopt a 

local hazardous waste plan for its jurisdiction in accordance with the time schedule provided in this chapter, or fails to 

secure approval from the department for its local hazardous waste plan in accordance with the time schedule 

provided in this chapter, the department shall prepare a hazardous waste plan for the local jurisdiction. 
RCW 70.105 - 26

[1985 c 448 § 8.]

Notes:

 Severability -- 1985 c 448: See note following RCW 70.105.005. 

70.105.235

Grants to local governments for plan preparation, implementation, and designation of zones 

— Matching funds — Qualifications.

(1) Subject to legislative appropriations, the department may make and administer grants to local governments for (a) 

preparing and updating local hazardous waste plans, (b) implementing approved local hazardous waste plans, and 

(c) designating eligible zones for designated zone facilities as required under this chapter.

 (2) Local governments shall match the funds provided by the department for planning or designating zones with an 

amount not less than twenty-five percent of the estimated cost of the work to be performed. Local governments may 

meet their share of costs with cash or contributed services. Local governments, or combination of contiguous local 

governments, conducting pilot projects pursuant to RCW 70.105.220(4) may subtract the cost of those pilot projects 

conducted for hazardous household substances from their share of the cost. If a pilot project has been conducted for 

all moderate-risk wastes, only the portion of the cost that applies to hazardous household substances shall be 

subtracted. The matching funds requirement under this subsection shall be waived for local governments, or 

combination of contiguous local governments, that complete and submit their local hazardous waste plans under 

RCW 70.105.220(6) prior to June 30, 1988.

 (3) Recipients of grants shall meet such qualifications and follow such procedures in applying for and using grants 

as may be established by the department. 

[1986 c 210 § 2; 1985 c 448 § 9.]

Notes:

 Severability -- 1985 c 448: See note following RCW 70.105.005. 

70.105.240

State preemption — Department sole authority — Local requirements superseded — State 

authority over designated zone facilities.

(1) As of July 28, 1985, the state preempts the field of state, regional, or local permitting and regulating of all 

preempted facilities as defined in this chapter. The department of ecology is designated the sole decision-making 

authority with respect to permitting and regulating such facilities and no other state agency, department, division, 

bureau, commission, or board, or any local or regional political subdivision of the state, shall have any permitting or 

regulatory authority with respect to such facilities including, but not limited to, the location, construction, and operation 

of such facilities. Permits issued by the department shall be in lieu of any and all permits, approvals, certifications, or 

conditions of any other state, regional, or local governmental authority which would otherwise apply.
RCW 70.105 - 27

 (2) The department shall ensure that any permits issued under this chapter invoking the preemption authority of 

this section meet the substantive requirements of existing state laws and regulations to the extent such laws and 

regulations are not inconsistent or in conflict with any of the provisions of this chapter. In the event that any of the 

provisions of this chapter, or any of the regulations promulgated hereunder, are in conflict with any other state law or 

regulations, such other law or regulations shall be deemed superseded for purposes of this chapter.

 (3) As of July 28, 1985, any ordinances, regulations, requirements, or restrictions of regional or local governmental 

authorities regarding the location, construction, or operation of preempted facilities shall be deemed superseded. 

However, in issuing permits under this section, the department shall consider local fire and building codes and 

condition such permits as appropriate in compliance therewith.

 (4) Effective July 1, 1988, the department shall have the same preemptive authority as defined in subsections (1) 

through (3) of this section in regard to any designated zone facility that may be proposed in any jurisdiction where the 

designation of eligible zones pursuant to RCW 70.105.225 has not been completed and approved by the department. 

Unless otherwise preempted by this subsection, designated zone facilities shall be subject to all applicable state and 

local laws, regulations, plans, and other requirements. 

[1985 c 448 § 10.]

Notes:

 Severability -- 1985 c 448: See note following RCW 70.105.005. 

70.105.245

Department may require notice of intent for management facility permit.

The department may adopt rules to require any person who intends to file an application for a permit for a hazardous 

waste management facility to file a notice of intent with the department prior to submitting the application. 

[1985 c 448 § 11.]

Notes:

 Severability -- 1985 c 448: See note following RCW 70.105.005. 

70.105.250

Appeals to pollution control hearings board.

Any disputes between the department and the governing bodies of local governments in regard to the local planning 

requirements under RCW 70.105.220 and the designation of zones under RCW 70.105.225 may be appealed by the 

department or the governing body of the local government to the pollution control hearings board established under 

chapter 43.21B RCW. 

[1985 c 448 § 12.]
RCW 70.105 - 28

Notes:

 Severability -- 1985 c 448: See note following RCW 70.105.005. 

70.105.255

Department to provide technical assistance with local plans.

The department shall provide technical assistance to local governments in the preparation, review, revision, and 

implementation of local hazardous waste plans. 

[1985 c 448 § 13.]

Notes:

 Severability -- 1985 c 448: See note following RCW 70.105.005. 

70.105.260

Department to assist conflict resolution activities related to siting facilities — Agreements 

may constitute conditions for permit.

(1) In order to promote identification, discussion, negotiation, and resolution of issues related to siting of hazardous 

waste management facilities, the department:

 (a) Shall compile and maintain information on the use and availability of conflict resolution techniques and make 

this information available to industries, state and local government officials, and other citizens;

 (b) Shall encourage and assist in facilitating conflict resolution activities, as appropriate, between facility 

proponents, host communities, and other interested persons;

 (c) May adopt rules specifying procedures for facility proponents, host communities, and citizens to follow in 

providing opportunities for conflict resolution activities, including the use of dispute resolution centers established 

pursuant to chapter 7.75 RCW; and

 (d) May expend funds to support such conflict resolution activities, and may adopt rules as appropriate to govern 

the support.

 (2) Any agreements reached under the processes described in subsection (1) of this section and deemed valid by 

the department may be written as conditions binding on a permit issued under this chapter. 

[1985 c 448 § 14.]

Notes:
RCW 70.105 - 29

 Severability -- 1985 c 448: See note following RCW 70.105.005. 

70.105.270

Requirements of RCW 70.105.200 through 70.105.230 and 70.105.240(4) not mandatory 

without legislative appropriation.

The requirements of RCW 70.105.200 through 70.105.230 and 70.105.240(4) shall not become mandatory until 

funding is appropriated by the legislature. 

[1985 c 448 § 15.]

Notes:

 Severability -- 1985 c 448: See note following RCW 70.105.005. 

70.105.280

Service charges.

(1) The department may assess reasonable service charges against those facilities that store, treat, incinerate, or 

dispose of dangerous or extremely hazardous waste that contains both a nonradioactive hazardous component and a 

radioactive component or which are undergoing closure under this chapter in those instances where closure entails 

the physical characterization of remaining wastes which contain both a nonradioactive hazardous component and a 

radioactive component or the management of such wastes through treatment or removal, except any commercial lowlevel radioactive waste facility. Service charges may not exceed the costs to the department in carrying out the duties 

of this section.

 (2) Program elements or activities for which service charges may be assessed include:

 (a) Office, staff, and staff support for the purposes of facility or unit permit development, review, and issuance; and

 (b) Actions taken to determine and ensure compliance with the state's hazardous waste management act.

 (3) Moneys collected through the imposition of such service charges shall be deposited in the state toxics control 

account.

 (4) The department shall adopt rules necessary to implement this section. Facilities that store, treat, incinerate, or 

dispose of dangerous or extremely hazardous waste that contains both a nonradioactive hazardous component and a 

radioactive component shall not be subject to service charges prior to such rule making. Facilities undergoing closure 

under this chapter in those instances where closure entails the physical characterization of remaining wastes which 

contain both a nonradioactive hazardous component and a radioactive component or the management of such 

wastes through treatment or removal shall not be subject to service charges prior to such rule making. 

[1989 c 376 § 2.]

Notes:
RCW 70.105 - 30

 Severability -- 1989 c 376: See note following RCW 70.105.010. 

70.105.300

Metals mining and milling operations permits — Inspections by department of ecology.

If a metals mining and milling operation is issued a permit pursuant to this chapter, then it will be subject to special 

inspection requirements. The department of ecology shall inspect these mining operations at least quarterly in order 

to ensure that the operation is in compliance with the conditions of any permit issued to it pursuant to this chapter. 

The department shall conduct additional inspections during the construction phase of the mining operation in order to 

ensure compliance with this chapter. 

[1994 c 232 § 19.]

Notes:

 Severability -- 1994 c 232: See RCW 78.56.900. 

 Effective date -- 1994 c 232 §§ 6-8 and 18-22: See RCW 78.56.902. 

70.105.900

Short title — 1985 c 448.

This chapter shall be known and may be cited as the hazardous waste management act. 

[1985 c 448 § 16.]

Notes:

 Severability -- 1985 c 448: See note following RCW 70.105.005.