Chapter 43.21A RCW

DEPARTMENT OF ECOLOGY

.......-- ....

\

::.::~!) ~~¥}

<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)

Legislative declaration of state policy on environment

and utilization of natural resources.

Purpose.

Definitions.

Department of ecology--Created.

Department of ecology--Director--Appointment--Powers and duties--Salary--Temporary

appointment when vacancy. .

Department of ecology--Powers, duties and functions

transferred to department.

Powers and duties of director of the department of

ecology.

Application of administrative procedure act to the review of decisions by director.

Rules and regulations.

Powers, duties and functions transferred to department

to be performed by director--Delegation by director, limitations.

Departmental administrative divisions--Deputy director, duties-Assistant directors, duties-As exempt from state civil service law--Salaries.

Director to employ personnel--Application of state

civil service law.

Studies by director--Limitations.

Director to consult with department, state board of

health.

Director to consult with other states, federal government and Canadian provinces-Authority to receive

and disburse grants, funds and gifts.

Request for certification of records as confidential--

Procedure.

Ecological commission--Created--Members appointed--Qualifications-Terms--Filling vacancies---Chairman: appointment--Removal--

State agency representation.

Ecological commission--Meetings-Travel

expenses.

Ecological eommission--Powers and duties--Approval of rules and regulations--Certain functions

of department of water resources exempted.

Ecological commission--Matters before commission

for advice and guidance, procedure--Commission

secretary. duties--Commission staff and facilities--Annual report of commission action.

Ecological commission--Majority of commission may

agree to consider any matters pertinent to act's

purpose.

Pollution control hearings board of the state as affecting

department. director and commission.

Department of environmental quality means department

of ecology.

Marine pollution--Baseline study program--Legislative finding and declaration.

Marine pollution--Baseline study program estabIished--Utilization of related programs--Coord·

ination--Contracts.

Marine pollution--Baseline study program--Scope

of data base produced.

Marine pollution--Baseline study program--Priority factors.

Catalytic converters in police, ambulance or emergency

aid vehicles--Department's powers restricted in respect thereto.

Department authorized to participate in and administer

federal Comprehenslve-Environmental Response, Compensation and Liability Act.

43.21A.445 Department authorized to participate in and administer

federal Safe Drinking Water Act--Agreements with

other departments.

43.21A.450 Control of outflow and level of Lake Osoyoos--Lake

Osoyoos International Water Control Structure

authorized.

43.21A.460 East Selah reregulating reservoir.

43.2IA.500 Exemption from water and flood control requirements

of emergency recovery operations from Mt. St. Helens

eruption authorized--Expiration of section.

43.21A.900 Chapter to be liberally construed.

43.2IA.910 . Savings--Permits. standards not affected--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

eruption authorized: RCW 43.21C.500, 89.16.500,90.58.500.

Minimum flows and levels--Departmental authority exclusive--

Other recommendations considered--Report of minimum flow

setting program: RCW 90.03.247.

Transfer of powers to department of ecology from environmental policy commission: RCW 43.21C.204.

Water rights, 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 of its natural resources. The legislature further recognizes that as

the population of our state grows, the need to provide for

our increasing industrial, agricultural, residential, social,

recreational, economic and other needs will place an increasing responsibility on all segments of our 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----Otber powers and rights not affected--Permits, staDelards, not affected--1970 ex.s, c 62: 'The provisions of this act shall

not impair or 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 state are not changed 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 Department of Ecology

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 of state 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 manner and

to carry out a coordinated program of pol1ution 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 the contextindicates otherwise:

'(f) "Department" means the department of ecology.

';,:(2} "Director" means the director of the 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 of ecology. [1970 ex.s, c

62 § 4.]

RtW 43.21 A.OSO Department of ecology--Director--Appointment--Powers and duties--Salary--Temporary appointment when vacancy. The

executive and administrative head of the department

shall be the director. The director shall be appointed by

the governor with the consent of the senate. He shall

have complete charge of and 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 of director

while the senate is not in session, the governor shall

make a temporary appointment until the next meeting of

the senate at which time he shall present to that 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.1IA RCW-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 of chapter 90.48 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 of chapter 70.94 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 be exercised under 'chapter 70.95 RCW' were by a department of 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 "department of ecology'.

Powers. duties, and functions

of department of health. director thereof, transferred to department of social and health services. director thereof: RCW

43.20A.030. '

performed by department 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 department of ecology. See RCW 43.21.130.

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

apply to the review of decisions by the director to the

same extent as it applied to decisions issued by the directors of the various departments whose powers, duties

and functions are transferred by -this 1970 amendatory

act to the department of ecology. The administrative

procedure act shal1 further apply to all other decisions 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)
Department of Ecology 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 of the department whenever it appears desirable in fulfilling the

policy and purposes of this chapter. [1970 ex.s. c 62 §

9.)

"ReYlser's nole: For' this 1970 amendatory act' , see notes following

RCW 43.2IA.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 director as well as such assistant directors 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 of the director. 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 of salaries 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

of the state civil service law, chapter 41.06 RCW. [1970

ex.s. c 62 § 12.]

RCW 43.21 A.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 of all

such studies shall be submitted to the legislature prior to

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 of health. The director in carrying out

his powers and duties under this chapter shall consult

with the department of social and health services and the

state board of health, or their successors, insofar as necessary to assure that those agencies 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.]

Department of social and health services: Chapter 4J.20A RCW.

State board of health: Chapter 43.20 RCW.

RCW 43.21 A.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 of carrying 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 of the director, the department, or the

appropriate division of the department. The director

shall give consideration to the request, and if such action

would not be detrimental to the public interest and is

otherwise within accord with the policies 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 elective or appointive office.

1Ch. 43.21A RCW-p 3)

"
43.21~.J70 Department of Ecology

(a) One public member shall be a representative of

organized labor.

(b) One public member shall be a representative of

the business community.

(cf One 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 terms ending on June 30, 1972, and one

shall, be appointed for a term ending June 30, 1971.

Thereafter, each member of 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

the commission shall continue in office until his successor is', appointed. No member shall be appointed 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,

and an opportunity of being publicly heard in person, or

by Counsel in 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 state agencies:

(1) The department of agriculture:

(2) The department of commerce and economic

development;

(3) The department of fisheries:

(4) The department of game;

(5) The department of social and health services:

(6) The department of natural 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

such other times as shall be designated by the director or

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 director on

each of the following:

(1) Any positions proposed to be taken by the department on behalf of 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 other matter pertaining to the activities of the

department submitted by the director for which advice

and guidance is requested.

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 of chapter 34.04 RCW.

Unless, within thirty days of such notification, five of the

members of the commission, notify the director in writing of their disapproval 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 of chapter 34.04 RCW.

No powers, duties and functions authorized to be performed by the department of water resources, or the director thereof,by the terms of chapter 43.27A RCW or

otherwise, including those assigned by action of the 1970

legislature shall be affected by this section. [1970 ex.s. c

62 § 19.]

------- - ------ -- ---- (1983 Laws)
Department of Ecology

the commission such staff and 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 43.21 A.190 and 43.21 A-

.200, the advisory commission may agree to consider any

matter pertinent to the purposes of *this act by consent

of a majority of the members. [1970 ex.s. c 62 § 21.]

·Reviser's note: 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 chapter 43.21 B RCW.

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

of potential 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 of marine waters, and the legislature recognizes that many factors combine to make this effort one

of considerable magnitude and difficulty. The marine

shoreline of the state is about two thousand seven hundred miles long, a 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 of animal life in the waters of

the state. These waters have a multitude of 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 management act: Chapter 90.58 RCW.

(1983 UlWS)

RCW 43.21 A.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 of damage 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

production of 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 Department of Ecology

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 if necessary.

(3) The department may accept and administer grants

or gifts from any source for the purpose of carrying out

subsection (2) of this section.

(4) The department may exercise its powers under

subsection (2) of this section directly or through contracts, except that it may not delegate its authority of

eminent domain. The department may also enter into

agreements with any public or municipal corporation

with respect to operation and maintenance of the project

authorized under subsection (2) of this section. [1982 c

76 § 1.]

Intent--1982 c 76: "It is the intent of this legislature in enacting

this act that total capital costs 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 Ily removed. [1977 ex.s. c 264 § 1.]

RCW 43.21A.440 Department authorized to participate in and administer federal Comprehensive EnvironmeOtaJ Response, Compensation and Liability Act. The

department of ecology is authorized to participate fully

in and is empowered to administer all programs of the

federal Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.c. 9601 et seq.), as

it exists on July 24, 1983, contemplated for state participation and administration under that act. [1983 c 270 §

3.]

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 of those 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 water project, 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 of implementing 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 ensure that the objectives of this secCoDtrol Structure authorized. (I) The legislature recog- tion are achieved.

nim the need for the state of Washington to implement (3) The department shall not:

an understanding reached with the Province of British (a) Exercise any powers of acquisition or construction

Columbia in relation to controlling the outflow and level provided in subsection (2) of this section, until the deof Lake 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 purpose of implementing subsection (1) of project. accept title to the project and thereafter operate

.this section, the. dc;pa.!'t'!!.~l"!!~ oJ ecology 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 other departments. 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 of Part 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;established under 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

administration with the departments of social and health

services and natural resources and the oil and gas conservation committee to administer those portions of the

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 committee are

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.IIA RCW-jl 61 (19113 Laws)
,..

- .-.

Department of Ecology

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

(b) Enter into any agreement under subsection (3)(a)

of this section until (i) federal legislation is enacted recognizing the amount of the 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 necessary water rights to operate the 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

of section. 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 applicable county 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 department of 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-I982 e 7: See note following RCW 36.01.150.

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

'..r

.~\

t".\ .....

'0

(1983 Laws) (Cb. 43.21A RCW-p 7)