# Chapter43.21A RCW 

# DEPARTMENTOFECOLOGY .......

# -- ....



# \**::.::~!) ~~¥}** 

<I>t- •

Sections 43.2IA.01O

43.2IA.020 43.2 IA.030 43.21A.04O 43.2IA.050

43.21A.060

.43.21A.066

·43.2IA.070.

43.21A.080 43.2IA.090

43.21A.lOO

43.2IA.120

43.2IA.130 43.21A.I40

43.2IA.150**.~- !.~'.:** 

. 43.21A.I60

43.2IA.\70**.~**..**~- ;i~**  ". 43.21A.180

43.2IA.I90

43.2IA.200

43.2IA.210

43.2IA.250

43.2IA.400

43.2IA.405

43.2IA.410

43.2IA.415

43.2IA.420

43.21A.430

# .~ 43.21A.440**~.** ',:; \-

.**~~.:**

(1983 Laws) Legislativedeclaration ofstatepolicy on environment and utilization ofnatural resources. Purpose. Definitions. Departmentofecology--Created. Departmentofecology--Director--Appointment--Powers and duties--Salary--Temporary appointmentwhen vacancy.

. Departmentofecology--Powers, duties and functions

transferred todepartment. Powers and duties ofdirectorof the departmentof

ecology. Application ofadministrative procedure act to the review of decisions bydirector. Rules and regulations. Powers, duties and functions transferredtodepartment

tobeperformed bydirector--Delegation bydirector, limitations. Departmentaladministrativedivisions--Deputydirector, duties-Assistantdirectors, duties-As exempt fromstatecivilservice law--Salaries. Director to employ personnel--Applicationofstate

civil service law. Studiesbydirector--Limitations. Director to consult withdepartment, state board of

health. Director to consult with otherstates, federal government and Canadianprovinces-Authority to receive and disbursegrants, funds and gifts. Request forcertificationof records as confidential--

Procedure. Ecologicalcommission--Created--Members appointed--Qualifications-Terms--Fillingvacancies---Chairman:appointment--Removal-- Stateagencyrepresentation. Ecologicalcommission--Meetings-Travel

expenses. Ecologicaleommission--Powers and duties--Approvalof rules and regulations--Certain functions ofdepartmentof water resources exempted. Ecologicalcommission--Matters before commission

for advice and guidance, procedure--Commission secretary. duties--Commission staffand facilities--Annual report of commission action. Ecologicalcommission--Majorityof commission may agree to consider any matters pertinent to act's purpose. Pollution control hearings board of the stateas affecting

department. directorand commission. Department ofenvironmentalquality means department of ecology. Marine pollution--Baseline study program--Legislativefinding and declaration. Marine pollution--Baseline study program estabIished--Utilizationof related programs--Coord· ination--Contracts. Marine pollution--Baselinestudy program--Scope ofdata baseproduced. Marine pollution--Baseline study program--Priority factors. Catalyticconverters in police, ambulanceor emergency

aidvehicles--Department's powers restricted inrespect thereto. Departmentauthorized to participate in and administer

federalComprehenslve-Environmental Response, Compensation and Liability Act. 43.21A.445 Departmentauthorized to participatein and administer federal Safe Drinking Water Act--Agreements with otherdepartments. 43.21A.450 Control of outflow and level of Lake Osoyoos--Lake Osoyoos International WaterControl Structure authorized. 43.21A.460 East Selah reregulating reservoir. 43.2IA.500 Exemption from water and floodcontrol requirements ofemergency recoveryoperations from Mt. St. Helens eruption authorized--Expiration ofsection. 43.21A.900 Chapterto be liberally construed. 43.2IA.910

. Savings--Permits. standards notaffected--Severability--Effective date--1970 basic act. Agencies to review licensure requirements and report to governor:

RCW 19.02.120. '. Agricultural pesticide advisory board, departmental representation:

RCW 17.21.230. Domestic waste treatment plants--Certification and regulation of

operators: Chapter 70.95B RCW. Exemptions for emergency recovery operations from Mt. St. Helens

eruptionauthorized: RCW 43.21C.500, 89.16.500,90.58.500. Minimum flows and levels--Departmental authority exclusive--

Other recommendations considered--Report of minimum flow settingprogram: RCW 90.03.247. Transfer of powers to department of ecology from environmental policy commission: RCW 43.21C.204. Waterrights, departmental participation: Title 90 RCW.



### RCW 43.21A.OIO Legislative declaration of state policy on environment and utilization of natural resources. The legislature recognizes and declares it to 

### be the policy of this state. that it is a fundamental and in-

. alienable right of the people of the state of Washington to live in a healthful and pleasant environment and to benefit from the proper development and use ofits natural resources. The legislature further recognizes that as the population of our stategrows, the need to provide for

our increasing industrial, agricultural, residential, social, recreational, economic and other needs will place an increasing responsibility on all segments ofour society to plan. coordinate. restore and regulate the utilization of

our natural resources in a manner that will protect and

conserve our clean air, our pure and abundant waters. and the natural beauty of the state. [1970 ex.s, c 62 

### § I.J

Savings----Otberpowers and rights notaffected--Permits, staDelards, not affected--1970 ex.s, c 62: 'The provisions of this act shall not impairor supersede the powers or rights of any person, committee, association, public. municipal or private corporations, state or local governmental agency. federal agency. or political subdivision of the state of Washington under any other law except as specifically provided herein. Pollution control permits. water quality standards, air pollution permits, air quality standards, and permits for disposal of solid waste materials of this stateare notchanged hereby and the laws governing the same are to be protected and preserved.' [1970 ex.s, c 62 § 61.)

Effective date--1970 ex,s. c 62: 'This 1970 amendatory act shall take effect on July I, 1970.' [1970 ex.s. c 62 § 64.)

Senrabllity--1970 ex.s. c 62: 'If any provision of this 1970 amendatory act, or its application to any person or circumstance is

(Ch.. 43,21A RCW-p

### II

.....

-

### ....43.iIA.OIO DepartmentofEcology

held invalid, the remainder of the act, or the application of the provision to other persons or circumstances. shall not be affected.' [1970 ex.s. c 62 §65.) Sections 61, 64 and 65 above are from 1970 ex.s, c 62 codified as chapters 43.21A and 43.21B RCW, RCW 43.06.073. 43- .17.010 and 43.17.020.

RCW 43.21A.020 Purpose. In recognition of the responsibility ofstate government to carry out the policies set forth in RCW 43.2IA.0IO, it is the purpose of this chapter to establish a single state agency with the authority to manage and develop our air and water reSources in an orderly, efficient, and effective mannerand to carry out a coordinated program ofpol1ution control involving these and related land resources. To this end a department of ecology is created by this chapter to undertake, in an integrated manner, the various water regulation. management, planning and development

. programs now authorized to be performed by the department of water resources and the water pol1ution control commission, the air regulation and management program'now performed by the state air pol1ution control board. the solid waste regulation and management program authorized to be performed by state government as,provided by chapter 70.95 RCW, and such other environmental, management protection and development programs as may be authorized by the legislature. [1970 ex.s. c 62 

### § 2.]

RCW 43.2IA.030 Definitions. As used in this chap-



### . tervunless thecontextindicates otherwise: 

### '(f) "Department" means the departmentofecology. 

### ';,:(2} "Director" means the director ofthe department

9r"ecology.

. (3) "Commission" means the ecological commission. [1979

### ex.s. c 62 

### § 3.]

# ~CW 43.21A.040 Department of ecology--Created.There is created a department of state government to be known as the department ofecology. [1970 ex.s, c 62 

### §4.]

RtW 43.21A.OSO Department of ecology--Director--Appointment--Powers and duties--Salary--Temporary appointment when vacancy. The executive and administrative head of the department shall 

### bethe director. The director shall be appointed by the governor with the consent of the senate. He shall havecomplete chargeofand supervisory powers over the department. He shall be paid a salary fixed by the governor in accordance with the provisions of RCW 43- .03.040. If a vacancy occurs in the position ofdirector while the senate is not in session, the governor shall makea temporary appointment until the next meeting of the senate at which time he shall present to that body his nomination for the position. [1970 ex.s. c 62 

### § 5.]

Duties relating to ecological commission: RCW 43.21 A.190 and

43.2IA.200.

RCW 43.21A.060 Department of ecology--Powen, duties and functions transferred to department. The**I~** .Q.1IARCW-p 11
s; following powers, duties and functions are hereby transferred to the department of ecology created in RCW 43.21A.040: (1) All powers, duties and functions authorized to be performed by the water pollution control commission, or the director thereof, by the terms ofchapter90.48 RCW

or otherwise, including those assigned by action of this 1970 legislature;

(2) All powers, duties and functions authorized to be performed by the department of water resources, or the director thereof, by the terms of chapter 43.27 A RCW

or otherwise, including those assigned by action of this 1970 legislature;

(3) All powers, duties and functions authorized to be performed with reference to air pollution by the department of health, or the director thereof, and by the state air pollution control board or its executive director, by terms ofchapter70.94 RCW, the Washington Clean Air Act, or otherwise, including those assigned by this 1970 legislature; and (4) All powers, duties and functions authorized to be performed by the department of health, or the director of health, involving the control of pollution problems created by the disposal of solid waste, including those assigned by action of this 1970 legislature, and all powers, duties and functions to be exercised and performed by a department of ecology by the terms of -chapter 70.95 RCW, including those assigned by this 1970 legislature. [1970 ex.s, c 62 

### § 6.]

*Reviser's DOte: Departmental powers, duties and functions to beexercised under 'chapter70.95 RCW' were by adepartmentof environmental quality, never in fact created; see note following RCW 70.95.030; however, section 62 of 1970 ex.s, c 62, codified in RCW 43.2IA.400 provides when 'department of environmental quality' is used in the code it shall mean the "departmentofecology'. Powers. duties, and functions of department ofhealth. director thereof, transferred to department of social and health services. director thereof: RCW 43.20A.030. ' performed bydepartment of water resources, director thereof. not affected by RCW 43.21A.190: RCW 43.2IA.190.

RCW 43.21A.066 Powers and duties of director of the departmentofecology. See RCW 43.21.130.

RCW 43.21A.070 Application of administrative procedure act to the review ofdecisions bydirector. The administrative procedure act, chapter 34.04 RCW, shall apply to the review ofdecisions by the director to the

same extent as it applied to decisions issued by the directors of the various departments whose powers, duties and functions are transferred by -this 1970 amendatory
act to the department of ecology. The administrative procedure act shal1 further apply to all otherdecisions of the director as in chapter 34.04 RCW provided. [1970
ex.s, c 62 § 7.]

*Reviser's note: For 'this 1970 amendatory act', see notes following RCW 43.21A.010.

RCW 43.21A.080 Rules and regulations. The director of the department of ecology is authorized to adopt

----

__ .o.-**~.** __ •

_ (1983 Lows)DepartmentofEcology 43.21A.170

such rules and regulations as are necessary and appropriate to carry out the provisions of this chapter. [1970 ex.s. c 62 § 8.]
Proposed rules and regulations submitted to ecological commission for

approval: RCW 43.2IA.190.

RCW 43.21A.090 Powers, duties and functions transferred to department to be performed by director--Delegation by director, limitations. All powers, duties and functions transferred to the department by the terms of "this 1970 amendatory act shall be performed by the director: 

### Provided, That the director may delegate. by appropriate rule or regulation, the performance of such of his powers, duties, and functions, other than those relating to the adoption, amendment or rescission of rules and regulations, to employees ofthe department whenever it appears desirable in fulfilling the policy and purposes of this chapter. [1970 

### ex.s. c 62 § 9.)

"ReYlser'snole:For'this 1970 amendatory act'
,see notesfollowing RCW43.2IA.01O.

RCW 43.21A.1OO Departmental administrative divisions---Deputy director, duties--Assistant directors, dutles--As exempt from state 

### civil service law-- Salaries. In order to obtain maximum efficiency and effectiveness within the department, the director may create such administrative divisions within the department as he deems necessary. The director shall appoint a deputy directoras well as such assistantdirectors as shall be needed to administer the several divisions within the department. The deputy director shall have charge and general supervision of the department in the absence or disability ofthedirector. In the case of a vacancy in the office of director. the deputy director shall administer the department until the governor appoints a successor to the director or an acting director. The officers appointed under this section and exempt from the provisions of the state civil service law as provided in RCW 41.06.073, shall be paid salaries to be fixed by the governor in accordance with the procedure established by law for the fixing ofsalaries for officers exempt from the operation of the state civil service law. [1970 ex.s. c 62 § 10.]

RCW 43.21A.120 Director to employ personnel-- Application of state civil service law. The director shall have the power to employ such personnel as may be necessary for the general administration of this chapter: 

### Provided, That except as specified in RCW 41.06.073, such employment shall be in accordance with the rules ofthe state civil service law, chapter41.06 RCW. [1970 ex.s. c 62 § 12.]

RCW 43.21A.130 Studies by director--Limitations. In addition to any other powers granted the director, he may undertake studies dealing with all aspects of environmental problems involving land, water, or air: 

### Provided, That in the absence of specific legislative authority. such studies shall be limited to investigations of particular problems. and shall not be implemented by

(1983 Laws) POSitive action: 

### Provided further, That the results ofall such studies shall be submitted to the legislature priorto thirty days before the beginning of each regular session during an odd-numbered year. [1980 c .87 § 22; 1970 ex.s. c 62 § 13.]

RCW 43.21A.140 Director to consult with department, state board ofhealth. The director in carrying out his powers and duties under this chapter shall consult with thedepartmentofsocial and health services and the
state board ofhealth, or their successors, insofar as necessary to assure that those agencies concerned with the preservation of life and health may integrate their efforts to the fullest extent possible and endorse policies in

common. [I979c 14\ §67; 1970ex.s.c62§ 14.]
Departmentof social and health services: Chapter4J.20A RCW. State board of health: Chapter43.20 RCW.

RCW 43.21A.l

### SO Director to consult with otber states, federal government and Canadian provincesAuthority to receive and disburse grants. funds and gifts. The director, whenever it is lawful and feasible to do so, shall consult and cooperate with the federal government. as well as with other states and Canadian provinces, in'. the study and control of environmental problems. On' behalf of the department, the director is authorized to accept. receive, disburse, and administer grants or other. funds or gifts from any source, including private individuals or agencies, the federal government, and other public agencies, for the purpose ofcarrying out the 

### pro-'-, visions of this chapter. [1970 ex.s. c 62 § 

### IS.) ".

RCW 43.21A.160 Request for certification of

# re-:it ."
'; . cords as confidential-Procedure. Whenever any 

### re-. cords or other information furnished under the**authority~',** of this chapter to the director, the department. or any-. division of the department, relate to the processes of. production unique to the owner or operator thereof, or! may affect 'adversely the competitive position of such'

owner or operator if released to the public or to a com-. 

### petitor, the owner or operator of such processes or production may so certify, and request that .:>u.:h information or records be made available only for the confidential use ofthe director, the department, or the appropriate division of the department. The director shall give consideration to the request, and ifsuch action would not be detrimental to the public interest and is otherwise within accord with the policies and purposes of this chapter, may grant the same. [\970 cx.s, c 62 § 16.)

RCW 43.2IA.170 Ecological commission-e-e-Created--Members appointed-Qualifications-- Terms--Filling vacancies--Chairman, appointment--Removal--8tate agency representation. There is hereby created an ecological commission. The commission shall consist of seven members to 

### be appointed by the governor from the electors of the state who shall have a general knowledge of and interest in environmental matters. No persons shall be eligible for appointment who hold any other state, county or municipal electiveor appointive office.



### 1Ch. 43.21ARCW-p 3) "**43.21~.J70** 

### Departmentof Ecology

(a) One public member shall be a representative of organized labor. (b) One public member shall be a representative of the business community. (cfOne public member shall be a representative of the agricultural community. (d) Four persons representing the public at large. The members of the initial commission shall be appointed within thirty days after 'July 

### 1, 1970. Of the members of the initial commission, two shall be appointed for terms ending June 

### 30, 1974, two shall be appointed for terms ending on June 

### 30, 1973, two shall be 

### appointed for termsending onJune 

### 30, 1972, and one shall,be appointed for a term ending June 

### 30, 1971. Thereafter, each memberof the commission shall be appointed for a term of four years. Vacancies shall be filled within ninety days for the remainder of the unexpired term by appointment of the governor in the same
manner as the original appointments. Each member of thecommission shall continue in office until his successor is',appointed. No membershall beappointed for more than'two consecutive terms. The chairman of the commission shall be appointed from the members by the governor.

The governor may remove any commission member for cause giving him a copy of the charges against him, andan opportunity of being publicly heard in person, or 

## by Counselin his own defense. There shall be no right of , review in any court whatsoever. The director or adrnin- 

### 'istrator, or a designated representative, of each of the**follo~ing** 

### stateagencies: (1) Thedepartmentofagriculture: (2) The department of commerce and economic development; (3) Thedepartmentoffisheries: (4) Thedepartment ofgame; (5) Thedepartmentof social and health services: (6) Thedepartmentofnatural resources; and (7) The state parks and recreation commission shall be given notice of and may attend all meetings of tnc commission and shall be given full opportunity to examine and be heard on all proposed orders, regulations or recommendations. 

### [1979 c 

### 141 § 68; 1970 ex.s. c 

### 62 § 17.]

RCW 43.2JA.180 Ecological commission--

.Meetings-Travel expenses. The commission shall

meet quarterly at a date and place of its choice, and at suchothertimes as shall bedesignatedby the directoror upon the written request of a majority of the commission. Members of the commission shall receive reimbursement for their travel expenses as provided in RCW 

### 43.03.050 and 

### 43.03.060, as now existing or hereafter amended. 

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

### 34 § 100; 1970 ex.s. c 

### 62 

### § 18.]

Effectl" date---Severability--197S-'76 2nd ex.s, c 34: See notes**f~\Iowing** RCW 2.08.115.



### RCW 43.21A.190 Ecological commission--Powen and duties-Approval of rules and regulations-

. -- ._
..-



### ---------
1Cb.**4~.2IA** RCW--.,41 

### .Certain functions of department of water resources exempted. It 

### shall be the duty of thc members of the commission to provide advice and guidance to the directoron each of the following: (1) Any positions proposed to be taken by the department on behalfof the state before interstate and federal agencies or federal legislative bodies on matters relating to or affecting the quality of the environment of the state; (2) Any comprehensive environment quality plan, program or policy proposed for adoption by thc department as a state plan or policy pertaining to an environmental management activity; (3) Any procedures for the financial assistance grants proposed to be given to municipal, regional. county or state organizations for environmental quality purposes; (4) Any procedures for considering applications for and granting variances; (5) Any proposal developed for submission to the legislature as a departmental request bill: (6) Any othermatterpertainingto the activitiesof the department submitted by the director for which advice and guidance isrequested.

The director shall submit in writing to each member of the commission all rules and regulations, other than for procedural matters, proposed by him for adoption in accordance with the procedures ofchapter 

### 34.04 RCW. Unless, withinthirtydays of such notification, five of the members of the commission, notify the director in writing oftheirdisapproval of such proposed rules and regulations and their reasons therefor, such rules and regulations shall be adopted by the director in accordance with the procedures ofchapter 

### 34.04RCW. No powers, duties and functions authorized to be performed by the department ofwater resources, or the director thereof,by the terms ofchapter 

### 43.27A RCW or otherwise, includingthose assignedbyaction of the 

### 1970 legislature shall beaffected by this section. 

### [1970 ex.s. c 

### 62 § 19.]

------- - ------ 

## -- ---- (1983 Laws)

### DepartmentofEcology

the commission such staffand facilities as may be necessary to fulfill its duties. He shall submit to the governor each year, a report containing a summary of the advice and guidance rendered by the commission. [1977 c 75 

### §47; 1970 ex.s. c 62 

### § 20.]

RCW 43.21A.210 Ecological commission--Majority or commission may agree to consider any matters pertinent to act's purpose. In addition to the duties and authorities contained in RCW 43.21A.190 and 43.21 A- .200, the advisory commission may agree toconsiderany matter pertinent to the purposes of *this act by consent of a majorityof the members. [1970 ex.s. c 62 

### § 21.]

·Reviser'snote: For 'this act', see note following RCW 43.21A.010.



### RCW 43.21A.250 Pollution control hearings board of the state as arfecting department, director and commission. See chapter43.21 BRCW.

RCW 43.21A.400 Department of environmental quality means department or ecology. Wherever in the statutes of this state, including any enactment at this 1970 extraordinary session, the department of environmental quality is.referred to such reference shall mean the state department of ecology created herein. [1970 ex.s, c 62 

### §62.] 43.21A.430

RCW 43.21A.40S Marine pollution--Baseline study program-Legislative finding and declaration. The legislature recognizes that there exists a great risk ofpotential damage from oil pollution of the waters of the state of Washington and further declares that immediate steps must be undertaken to reduce this risk. The legislature also is aware that such danger is expected to increase in future years in proportion to the increase in the size and cargo capacity of ships, barges, and other waterborne carriers, the construction and operational characteristics of these carriers, the density of waterborne traffic, and the need for a greater supply of petroleum products.

A program of systematic baseline studies to be conducted by the department of ecology has been recognized as a vital part of the efforts to reduce the risk of oil pollution ofmarine waters, and the legislature recognizesthat many factors combine to make this effort one of considerable magnitude and difficulty. The marine shoreline of the state is about two thousand seven hundred miles long, a greater length than the combined coastlines of Oregon and California. There are some three million acres of submerged land and more than three hundred islands in these marine waters. The average depth of Puget Sound is two hundred twenty feet. There is a great diversity ofanimal life in the waters of the state. These waters have a multitudeof uses by both humans and nonhumans, and the interaction between man's activities and natural processes in these waters varies greatly with locale. [1973 2nd ex.s. c 30 § 1.]
Oil pollution: RCW 90.48.315 through 90.48.360. Shoreline managementact: Chapter90.58 RCW.

(1983 UlWS) 

### RCW 43.21A.420 Martne pollution--Baseline study program-Priority factors. In planning the state baseline studies program, priority shall be given to those waters (I) in which the greatest risk ofdamage from oil spills exists; (2) which contain marine and fresh water life that is particularly sensitive to toxins contained in crude oil, oil products, and oil wastes; and (3) which are used or may be used for the harvesting, gathering, or productionof food or food products. [1973 2nd ex.s. c 30 § 4.]

RCW 43.21A.430 Catalytic converters in police, ambulance or emergency aid vehicles-Department's powers restricted in respect thereto. The department of ecology may not adopt, maintain in effect, or enforce any rule requiring the installation or maintenance of a



### ICII.**4J.U~RCW"** 5),

.......';**.~.** :.

### 43.1IA.430 DepartmentofEcology

be known as the Lake Osoyoos International Water Control Structure and may acquire all real property interests necessary thereto by purchase, grant. gift, or eminent domain; provided that the authority of eminent domain as granted to the department under this section is limited to acquiring property necessary for access to the control structure, location of abutments for the control structure. and flowage easements ifnecessary. (3) Thedepartment may acceptand administergrants

or gifts from any source for the purpose ofcarrying out subsection (2) of this section. (4) The department may exercise its powers under subsection (2) of this section directly or through contracts, except that it may not delegate its authority of eminent domain. The department may also enter into agreements with any public or municipal corporation with respect to operation and maintenance of the project authorized under subsection (2) of this section. [1982 c 76 

### § 1.]

Intent--1982 c 76: "It is the intent of this legislature inenacting this act thattotal capitalcosts and annual operations and maintenance costs for the said project be shared equally by Washington state and British Columbia.' [1982 c 76 § 2.] 'This act" consists of the enactment of RCW 43.21 A.450. the above-quoted section. and an appropriation section. which is uncodified. Set'erabUlty--1983 c 270: See note following RCW 90.48.260. catalytic converter in the exhaust system of any motor vehicle used as a police vehicle, or ambulance, an emergency aid vehicle, or a fire department vehicle, and any catalytic converter in the exhaust system of any such vehicle may be lawfu Ilyremoved. 

### [1977 ex.s. c 264 

### § 1.]

RCW 43.21A.440 Department authorized to participate 

### in and administer federal Comprehensive Environ

# meOtaJ Response, Compensation and Liability Act. The department ofecology is authorized to participate fully in 

### and is empowered to administer all programs ofthe federal Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.c. 

### 9601 et seq.), as it exists on July 24, 

### 1983, contemplated for state participation and administration under that act. 

### [1983 c 270 

### § 3.]

RCW 43.21A.460 East Selah reregulating reservoir. (I) The legislature recognizes the need to improve the control and regulation of the waters of the Yakima river system to insure that both necessary diversionary and instream beneficial uses ofthose waters, which provide the foundation for the economic and environmental well-being of the Yakima valley, are achieved to the maximum extent reasonably attainable. It is further recognized that the most satisfactory means for satisfying this need is to improve the existing waterproject, known

as the Yakima project, presently operated by the United States bureau of.reclamation. Therefore, the legislature intends to aid the United States in improving the Yakima project by constructing physical works and providing financial assistance. (2) For the purpose ofimplementing subsection (I) of this section. the department of ecology may acquire, design, and construct a project, known as the East Selah reregulating reservoir. and may acquire. by gift, purchase, or condemnation. all real property interests necessary to complete the project. The department may then transfer the completed East Selah reregulating reservoir to the department of the interior of the United 

## RCW 43.21A.4S0 Control of outflow and level of .States subject to such conditions as the department of**La~e** Osoyoos-Lake Osoyoos International Water ecology requires to ensurethat the objectives of this secCoDtrol Structure authorized. (I) The legislature recog- tion are achieved. nimthe need for the state of Washington to implement 

### (3) Thedepartment shall not:

an understanding reached with the Province of British (a) Exercise any powers of acquisition or construction Columbiain relation to controlling the outflow and level provided in subsection (2) of this section, until the deofLake Osoyoos, an international lake, and in connec- partment has entered into a binding agreement with the tion therewith to replace an existing lake control struc- United States department of the interior that the deture on the Okanogan river in Washington state which partment of the interior will, upon completion by the has been classified as deteriorated and unsafe. department of the East Selah reregulating reservoir (2) For the purposeofimplementing subsection 

### (1) of project. accept titleto the projectand thereafter operate .this section, the.**dc;pa.!'t'!!.~l"!!~**

# oJecology may acquire. de- and maintain the**proj~~** (i). consistent wit.h**t~e** agreesign, construct, own,operate. and rnainfiiina projecno---ment-of-transfer.-and.-(lI)-w.lthouLany_o.bhgatlQn

__

,!po.ll

c

_ R<;W 43.21A.44S Department authorized to participate 'in and administer federal Safe Drinking Water Ad-'-Agreements with otherdepartments. The department of ecology, the department of natural resources, the department of social and health services, and the oil and gas conservation committee are authorized to participate fully in and are empowered to administer all programs ofPart C of the federal Safe Drinking Water 

### Act (42 U.S.C. Sec. JOO(h) et seq.), as 

### it exists on July 24, 

### 1983, contemplated for state participation in administration under the act. The department of ecology is also authorized to participate in any future federal pro- .gram;establishedunder the federal Safe Drinking Water Act which provides matching funding for planning and im#lementation of a sole source aquifer protection program

.

.The department of ecology. in the implementation of powers provided herein shall enter into agreements of administrationwith the departments ofsocial and health services and natural resources and the oil and gas conservation committee to administer those portions ofthe state program, approved under the federal act, over which the said departments and committee have primary subject-matter authority under existing state law. The departments of social and health services and natural

resources and the oil and gas conservation committeeare empowered to enter into such agreements and perform the administration contained therein. 

### [1983 c 270 

### § 4.]**~bility--1983** e 270: See note following RCW 90.48.260.



### IQ. 4J.IIARCW-jl

### 61 (19113 Laws),

## ..

- .-. 

### Departmentof Ecology

the state for payment of costs for the operation or maintenanceof the project; or

(b) Enter into any agreement under subsection (3)(a) of this section until (i) federal legislation isenacted recognizing the amount ofthe value of the completed East Selah reregulating reservoir as a credit to any matching funds requirement placed upon the state of Washington established in any authorization or appropriation bill enacted after August 23, 1983, relating to any project studied under Public Law 96-162, and (ii) 

### the department is satisfied that the United States has the necessarywaterrights tooperatethe project. [1983 lst ex.s. c 18

### § 1.)

RCW 43.21A.500 Exemption from water and flood control requirements of emergency recovery operations from Mt. St. Helens eruption authorized--Expiration ofsection. Emergency recovery operations from the Mt. St. Helens eruption authorized by RCW 36.01.150. 43- .01.200. and 43.01.210 may be exempted by the applicablecounty legislative authority from the requirements related to water and 

### flood control under the department of ecology, for operations within such county: Provided, 

### That the applicable legislative authority shall promptly notify the department of ecology within five days of the emergency action taken and the emergent nature of the problem. The notification shall be made to the water resources regional supervisor of the southwest region of the departmentof ecology.

This section shall expire on June 30, 1988. [1983 1st ex.s. c 1 

### §6; 1982 c 7 

### § 7.)

Se,erablllty-1983 Ist ex.s, e I: See note following RCW 43.01.200.

Seterabllity-I982e 7:See notefollowing RCW36.01.150.



### RCW 43.21A.900 Chapter to be liberally construed. The rule of strict construction shall have no application to this chapter and it shall be liberally construed in order to carry out the broad purposes set forth in RCW 43.2IA.020. [1970 ex.s. c 62 § 27.)

RCW 43.21A.910 Savings--Permits, standards not affected--5everability--Effective date--1970 basic act. See notes following RCW 43.21 A.OIO. 43.21A.910

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(1983Laws) (Cb.43.21ARCW-p 7)