,'..

Chapter 70.105 RCW

HAZARDOUS WASTE MANAGEMENT

Sections

70.105.005

70.105.007

70.105.010

70.105.020

70.105.030

70.105.040

70.105.050

70.105.060

70.105.070

70.105.0S0

70.105.0S5

70.105.090

70.105.095

70.105.097

70.105.100

70.105.105

70.105.109

70.105.110

70.105.111

e 70.105.112

70.105.120

70.105.130

70.105.135

70.105.140

70.105.145

70.105.150

70.105.160

70.105.165

70.105.170

70.IOS.IS0

70.1OS.2OO

70.105.210

70.IOS.215

70.105.220

70.105.225

70.105.230

7()·105.235

.,'.' .

t. 70.105.240

(19S9 Laws)

Legislative declaration.

Purpose.

Definitions.

Standards and regulations--Adoption-Notice and

hearing--Consultation with other agencies.

List and information to be furnished by depositor of

hazardous waste---Rules and regulations.

Disposalsite or facility-Acquisition-DisposaJ fee

schedule.

Disposal at other than approved site prohibitedDisposal of radioactive wastes.

Reviewof rules, regulations. criteria and fee schedules.

Criteria for receiving waste at disposal site.

Violations--Civil penalties.

Violations--Criminal penalties.

Violations--Gross misdemeanor.

Violations--Orders--Penalty for nonc::omplianee-Appeal.

Action for damages resulting from violation-Attorncys' fees.

Powersand duties of department.

Duty of department to regulate PCB waste.

Regulation of wastes with radioactive and hazardous

components.

Regula,tion of dangerous wastes associated with energy

facilities.

Radioactive wastes--Authority of department of socia! and health services.

Application of chapter to specialincinerator ash.

Authority of attorncy general.

Department's powers as designated agency under federal act.

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

Rules implemented under RCW 70.105.13O--Review.

Department's authority to participate in and administer

federal act.

Declaration-Management of hazardous wastePriorities-DefIRitions.

Waste management study-Public hearingsAdoption or modification of rules-Recommenda·

tions to legislature.

Disposalof dangerous wastes at commercial off-5ite

land disposaJ faciliti_Umitations.

Waste managcment-Consultative scrvia:sTec:lmica1 assistancc---Confidentiality.

Dispositionof fIRes and pena1ti_Earnings.

Hazardous waste management p1aII.

Hazardous waste management faciIiti_Dcpattment

to dcvdop criteriafor siting.

Department to adopt rules for permits for hazardous

substances treatment facilities.

LocaJ. governmentsto preparelocal hazardous waste

pIaIlS--Basis---..E1ements requited. '

Local governments to designate zoaes-Dcpartmental

guidelines-Approval of Ioca1 government mne designations or amendments--Excmption.

Local governments to submit letter of intent to identify

or designate zones and submit management p1aDs--

Department to prepareplan in CYeltt of failure to act.

Grants to Ioca1 governments for plan preparation. implementation, anddesignaticin of zoa~atehing

funds---Qualifications.

State preemption-Ocpartment sole authority-'-

Local requirements superseded--State autbority

over designated zone facilities.

70.105.245 Department may require notice of intent for manage-

"ment 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 witbout legislative

appropriation.

70.105.2S0 Service charges.

70.105.900 Short title-19S5 e 448.

Hazardous materials incidents. handling and liability: RCW 70.136-

.010 through 70.136.070.

Hazardous waste fees: Chapter 70.l05B RCW.

Radioactive and hazardous waste emergency response programs. state

coordinator: RCW 3S.52.030.

Transport of hazardous materials, state patrol authority over: Chapter

46.48 RCW.

RCW 70.10S.00S 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 unaf-·

fected 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 byproducts,

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 arc useful in resolving concerns over

the.l~t impacts of siting hazardous waste management

facilities, ' .:, -" -,'. ' .

(6) Safe a~d :responsible' ma~g~me~t. ~f·fulzardous , 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

'jseveral factors, including: ';;;" ;:).... :d£~~::·,):t"<':'h;::t!';""'~'l;( ,

, (a) 'Public confidence inthe safety ofthe faeilitiesn

(Cb. 70.1OS RCW-p I)
70.105.005 Hazardous Waste Management

(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 byproducts, 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 state-wide 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 treatinent 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 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

/Imanage 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

(0. 7Q.105 R~~ 21

carry out programs to manage moderate-risk waste.

with assistance and coordination provided by the department. [1985 c 448 § 2.)

Se.erability--I98S e 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.J

RCW 70.105.007 Purpose. The purpose of this

chapter is to establish a comprehensive state-wide

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 wastemanagement 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.)

~enbility--l98S e 448:See note following RCW 70.105.005.

RCW 70.105.010 "Definitions. The words and

phrases defined in this section shall have the meanings

indicated when used in this chapter unless the context

clearly requires otherwise.

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

(2) "Director" means the director of the department

of ecology or the director's designee.

(3) "Disposal site" means a geographical site in or

upon which hazardous wastes are disposed of in accordance with the provisions of this chapter.

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

abandoning of hazardous wastes or the treatment. decontamination. or recycling 0(.such wastes once they

have been discarded or abandoned.

(5) "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 potentlal hazard to human health. wildlife. or the environment 'because such' wastes or constituents or combinations of such wastes:

(a) Have short~ved,toxic properties that may cause

,death. injurY.,or illness or have mutagenic. teratogenic.

or carcinogenic properties; or o:"i

- (b) Are corrosive,' explosive, flammable. or may generate pressure through decomposition or other means.

(6) "Extremely hazardous waste" means any dangerous waste which

(1989 Laws)'

c

o

c
... Hazardous Waste Management 70.105.030

(a) will persist in a hazardous form for several years

or more at a disposal site and which in its persistent

form

A (i) presents a significant environmental hazard and

., may be concentrated by living organisms through a food

chain or may affect the genetic make-up of man or

wildlife, and

(ii) is highly toxic to man -or wildlife

(b) if disposed of at a disposal site in such quantities

as would present an extreme hazard to man or the

environment.

(7) "Person" means any person, fum, association,

county, public or municipal or private corporation,

agency, or other entity whatsoever.

(8) "Pesticide" shall have the meaning of the term as

defined in RCW 15.58.030 as now or hereafter

amended. .

(9) "Solid waste advisory committee" means the same

advisory committee as per RCW 70.95.040 through

70.95.070.

(10) "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.

(11) "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.

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

following operations: (a) Landfill, (b) incineration, (c)

A land treatment, (d) surface impoundment to be closed as

., a landfill. or (e) waste pile to be closed as a landfill.

(13) "Hazardous household .substances" means those

substances identified by the department as hazardous

household substances in the guidelines developed under

RCW,70.105.220.

(14) "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 described in rules adopted under this

chapter.

(IS) "Hazardous waste" means and includes all dangerous and extremely hazardous waste. including substances composed of both radioactive and hazardous

components.

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

cou~. . (17) "Moderatc-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. '

/.> (18) "Service charge" means an assessment imposed

. under RCW 70.105.280 against those facilities that /'e "

(1989 Laws)

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. [1989 c 376 § 1; 1987 c 488 § 1; 1985 c

448 § 1; 1975-'76 2nd ex.s. c 101 § 1.]

Se~erabiJity--I989 e 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.)

~erability--1985 e 448: See note following RCW 70.105.005.

RCW 70.105.020 Standards and regulationsAdoption---Notice and bearing--Consultation witb

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);

(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 govern-·

ments and secure technical assistance from the depart-.

ment of agriculture. the department of social and health

services, the department of wildlife, the department of

natural resources. the department of fisheries, the department of labor and industries, and the department of

community development. through the director of fire

protection. [1988 c 36 § 28; 1986 c 266 § 119; 1975-'76

2nd ex.s. c 101 § 2.] -

~erabi1ity-·-I986 C266: See note following RCW 38.52.005.

RCW 70.105.030 List and information to be furnished by depositor· of hazardous 1!aste-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 chemi-

-- cal 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.ior safety

measures to be taken in case of accidental contact with

the particular extremely hazardous waste being disposed.

(2) The department shall adopt and enforce all rules

and regulations including the form and content of the

lCh. 70.105 RCW-p 3]
70.105.030 Hazardous Waste Management

list. necessary and appropriate to accomplish the purposes of subsection (1) of this section. [1975-'76 2nd

ex.s. c 101 § 3.]

RCW 70.105.040 Disposal site or facility--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 I,

1976: And provided further, That no lands acquired under this section shall be subject to land use regulation by

a local government.

(2) The department may establish an appropriate fee

schedule for use of such disposal facilities to offset the

cost of administration of this chapter and the cost of development, operation, maintenance, and perpetual management of the disposal site. If operated by a private

entity, the disposal fee may be such as to provide a reasonable profit. [1975-'76 2nd ex.s. c 101 § 4.]

RCW 70.105.~ 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 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.

(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 de- .

partment 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 dispasaI.all reasonable methods of treatment. detoxifica-

. tion, 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. [1987 c

488 § 4; 1975-'76 2nd ex.s. c 10~ § 5.]

RCW 70.105.060 Review.of·ruIes, regulations,· criteria and fee schedules. All rules, regulations, criteria, and

fee schedules adopted by the department to implement

. the provisions of. this chapter shall be reviewed by the

so~d waste advisory committee for the purpose of ree-

.qmmending revisions, additions, or modifications thereto

.as provided for.the review of sclidwaste-regulations and

standards pursuant to chapter .70.95 RCW. [1975-'76

2nd ex.s.~ 101 § 6.]

(0. 70.105 RCW-p 41

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

provided

(1) it is upon request of the owner. producer, or person having custody of the waste, and

(2) upon the payment of a fee to cover disposal

(3) it can be reasonably demonstrated that there is no

other disposal sites in the state that will handle such

dangerous waste, and

(4) the site is designed to handle such a request or can

be modified to the extent necessary to adequately dispose of the waste, or

(5) if a demonstrable emergency and potential threat

to the public health and safety exists. [1975-'76 2nd

ex.s. c 101 § 7.]

RCW 70.105.080 Violations-Civil penalties. (l)

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. [1987 c 109 § 12; 1983 c 172 § 2; 1975-'76 2nd

ex.s. c 101 § 8.]

P1Irpose--Sbort titl~OllStructio_Rules--SeYerability--Captio_1987 e 109: See notes following RCW

43.21B.OOl.

SeYerability--1983 e 172: See note following RCW 70.105.097.

RCW 70.105.085 Violations---Criminill penalties.

Any person who knowingly transports, treats, stores,

handles, disposes of, or exports a hazardous substance in

violation of this chapter is guilty of: (1) A class B felony

if the person knows at the time that the conduct constituting the violation places another person in imminent

danger of death or serious bodilyinjury; or (2) a class C

felony 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. As used in this section,. "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. As used in this section, .

"kitowingly· refers to an awareness of facts, not awareness of law. Violators shall,.~ punished.as provided under RCW 9A.20.021. [1989 c 2 § IS (Initiative Measure

NO',.97, approved November 8, 1988).] :::: ',. ,~.;:.... \ ...

: ·Short :, tit~ptio~onstruetiO~XistiDg. agreemenD-Effeetife date--SeYerability-l989 e 2: See RCW

70.i050.900 through 70.1050.921, respectively. -

(1989 Laws)

c·

o
Hazardous Waste Management 70.105.110

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

RCW 70.105.080, any person who violates any provisions of this chapter, or of the rules implementing this

chapter, and any person who knowingly aids or abets

another in conducting any violation of any provisions of

this chapter, or of the rules implementing this chapter,

shall be guilty of a gross misdemeanor and upon conviction thereof shall be punished by a fine of not less than

one hundred dollars nor more than ten thousand dollars,

and/or by imprisonment in the county jail for not more

than one year, for each separate violation. Each 'and every such violation shall be a separate and distinct offense. 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.]

Seftnhiljty-I983 e 172:Sec note following RCW 70.105.097.

RCW 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.[1987 c 109 § 16; 1983 c 172 § 4.]

~lIort title---ColIStnlctio_Rules--Se'erability-.c.pti_I987 e 109: See notes following RCW

43.218.001. . .

Seterability-I983 e 172:See note following RCW 70.105.097.

RCW 70.105.097 Action for damages resulting from

riolatioo---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.]

. --SeteraIlillty-I983 e 172: 'If any provision·or this act or its application to any person or circumstance is held invalid, the remainder

.or die act or the application or the provision to other persons or eir-

!~is not affectcd.· [1983 e 172 § 5.] .

RCW 70.105.100 Powers anct duties of department.

The department in performing. its duties under this

chapter may:

(1989 Laws)

(l) 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 70.105.105 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 CFR 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 CFR part 761. [1985 c 65 § I.]

RCW 70.105.109 Regulation of wastes with radioactise 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.]

RCW 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 p~·of this chapter shall be performed pursuant

to an interagency coordination agreement with the

council.

(2) To facilitate the implementationof 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. 0-987 c 488 § 3;

1984c 237 § 3; 1975-'76 2nd ex.sr c 101 § 11.] _::·,.c

1Ch. 70.IOS RCW-=P 51
70.105.111 Hazardous Waste Management

'Ct. ,

RCW 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 o.

hazardous waste are necessary and should be followed in

order of descending priority as applicable:

(a) Waste reduction;

(b) Waste recycling;

(c) Physical, chemical, and biological treatment;

(d) Incineration;

(e) -Solidification/stabilization treatment;

(f) Landfill.

(2) As used in this section:

(a) "Waste reduction" means reducing waste so that

hazardous byproducts are not produced;

(b) "Waste recycling" means reusing waste materials

and extracting valuable materials (rom a waste stream;

(c) "Physical, chemical, and "biological treatment"

means processing the waste to render it completely innocuous. produce a recyclable byproduct, reduce toxicity, or substantially reduce, the volume of material

requiring disposal; ,

(d) "Incineration" means reducing the volume or tox-

. icity 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 orleachable; and, '. . ...

(f) "Landfill" means' a disposal facility;' or part of a

facility, at which waste is placed in or on land and which

~j~:n!a,.-:u~:;:~{~t~ ~a~limpoun:~en~ or Po

RCW 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.]

RCW 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.

[198.7 c 528 § 9.]

5eftrability-I981 e 528: See RCW 70.138.902.

RCW 70.105.120 Authority of attorney general. At

the, request of the department. the attorney general is

authorized to bring such injunctive. declaratory, or other

actions to enforce any requirement of this chapter. [1980

c 144 § 2.]

RCW 70.105.130 Department's powers as designated

agency under federal act. (I) The department is designated as the state agency for implementing the federal

resource conservation and recovery act (42 U.S.C. Sec.

6901 et seq.).

(2) The power granted to the department by this section is the authority to:

(a) Establish a permit system for owners or operators

of facilities which treat. store, or dispose of dangerous

wastes: Provided., That spent containers of pesticides or

herbicides which have been used in normal farm operations and which are not extremely hazardous wastes,

shall not be subject to the permit system;

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

be necessary to protect human health and the

environment;

(c) Establish. to implement this section:

(i) A manifest system to track 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.]

RCW 70.105.135 Copies of notification forms or

aonual 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-

.I 05.130 to the fire departments or fire districts that

!69mce 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 .flre

district, the forms or reports shall be provided to: the

sheriff 07 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. [1986 c 82 § 1.]

RCW 70.105.140 Rules implemented under RCW

70. 105.l3O-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.]

RCW 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 US.C. Sec. 6901 et seq.),

contemplated for participation and administration by a

state under that act. [1984 c 237 § 2; 1983 c 270 § 2.]

SeYerability-l983 e 170: See note following RCW 90.48.260.

o

1Cb. 70.105 RCW--p 61 (1989 Laws)
; . Hazardous Waste Manageinent 70.105.200

RCW 70.105.160 Waste management study--

Public bearings--Adoption or modification of

rules-Recommendations to legislature. 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 regulations, 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 es-

.tablished in RCW 70.105.150 for management practices

which assure use of sound environmental management

techniques and available technology. The preliminary

study shall be completed by July I, 1986, and the rules

shall be adopted by July I, 1987. The solid waste advisory committee shall review the studies and the new or

modified rules and submit recommendations to the legislature by January I, 1988, regarding policy options

(such as fee incentives. disposal bans. etc.) that will be

used to reduce the production of dangerous and extremely hazardous waste in Washington state.

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. [1984 c 254 § 2; 1983

1st eLS. c 70 § 2.]

Seftrallility-1984 e Z54: "If any provision of this act or its application to any persoa or cin:umstancc is held invalid. the remainder

of the act or the application of the provision to other persons or circumstances is not affected.· ['1984e 254 § 3.)

RCW 70.105.165 Disposal of dangerous wastes at

commercial off-site land disposal facilities--Limitatiom. (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 I. 1986. unless:

(a) The disposal results from actions taken under

RCW 70.105A.06O (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 pro-

.posed and do not prohibit land disposal of such wastes;

or·. ";

.,,:',,(c) Final regulations have been adopted by the de-

'partment that allow for such disposal.

~". ,

(1989 Laws)

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

. ments 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 I. 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 § I.]

~erability--I984 e 254: See note followins:~RCW 70.105.160.

RCW 70.105.170 Waste management-Consultative senices-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: (I) Consultative services which. in conjunction

with any business or industry requesting such service.

study and recommend alternative waste management'

practices; and (2) technical assistance•.such as a 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.]

RCW 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 ·this act.

subject to legislative appropriation. Other sources of

funds deposited-in this account may also be used for the

purposes of ·this act. 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 lstexs. c 70 § 4.]

·R~·s note: "This act" (1983 1st ex.s: e 70) consists of RCW

70.105.1 SO. 70.105.160. 70.105.170. and 70.105.180.

ElfectiYC! dar-l985 e 51: See note following RCW 15.52.320.

~. . .

RCW 70.105.200 Hazardous waste management

plan. (I) 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: .

(Cb. 70.IOS RCW-p 7]
70.105.200 Hazardous Waste Management

(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 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

(0 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 becompleted 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.]

5eferability-l98S c 448: Sec note following RCW 70.105.005.

RCW 70.105.210 Hazardous waste management fadlities-Department to defelop 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 7~

.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:

(I) Geology;

(2) Surface and groundwater hydrology;

•• (3) Soils; .

.'.' (4) flooding;

(5) Climatic factors; -

(6) Unique or endangered flora and fauna;

ICh. 70.105 RCW-p 81

(7) Transportation routes;

(8) Site access;

(9) Buffer zones;

(10) Availability of utilities and public services; 0

(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.]

5eferability-l98S c 448: Sec note following RCW 70.105.005.

RCW 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.]

RCW 70.105.220 Local governments to prepare 10- 0

cal 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 moderaterisk 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 protec- ,

tion 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; . .

(cj.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; ,'; '';':\.:':. u.:: ':."":-, c'

(d) A description of the public involvement process i:" c\

used in developing the plan; 0

(1989 Laws)
. Hazardous Waste Management 70.105.225

(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) In recognition of the role of the private sector in

providing hazardous and moderate-risk waste management facilities and transportation services. and in addition to other public involvement activities that may be

required, local governments shall coordinate with those

persons involved in providing such facilities and services.

(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 haz- .

ardous 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 I, 1990, and June 30, 1990, the department shall have one hundred eighty days to submit

its objections. No local 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 contigi ."uous local governments, shall implement the local hazardous waste plan for its jurisdiction by December 31,

1991. .

(1989 Laws)

(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. [1986 c 210 § 1; 1985 c 448 § 6.]

~erability--1985 c 448: See note following RCW 70.105.005.

RCW 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.

(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 irdetermines that the proposed zone designations are

consistent with this chapter, the applicable siting criteria. and guidelines for developing designated zones: Pro-

'Vided, That the department shall consider 'local zoning in

place as of January I, 1985,.or other specialsituations

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

[Ch. 70.105 RCW-p 9)
70.105.225 Hazardous Waste Managemeot - of

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 § I; 1985 c 448 § 7.] ,

Se-rerability--I98S e 448: See note following RCW 70.105.005.

RCW 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. (I) 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 (l)(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. [1985 c 448 § 8.]

Se-rerability--I98S e 448: See note following RCW 70.105.005.

RCW 70.105.235 Grants to local governments for

plan preparation, implementation, and designation of

zones-Matcl1ing 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

...,.-ith 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

contribul.ed services. Local governments. or combination

(Ch. 70.IOS RCW-., 101

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.]

Se-renbility--l98S e 448: See note following RCW 70.105.005.

RCW 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 decisionmaking 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.

(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 I. ,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

(1989 Laws)

o

o

c
· ,

Hazardous Waste Management 70.105.900

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.]

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

RCW 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.]

Se,erability-I985 c 448: See note following RCW 70.105.005.

RCW 70.105.250 Appeals to pollution control bearings 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 43.218 RCW.

[1985 c 448 § 12.]

SeYenbility-l985 e 448: See note following RCW 70.105.005.

RCW 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.]

Seftnbility-l985 e 448: See note following RCW 70."105.005.

RCW 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.

/.1 (2) Any agreements reached under the processes de- .

scribed in subsection (I) of this section and deemed

valid by the department may be written as conditions

(1989 Laws)

binding on a permit issued under this chapter. [1985 c

448 § 14.]

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

RCW 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.]

SeYenbility-I985 e 448: See note following RCW 70.105.005.

RCW 70.105.280 Service charges. (I) 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 low-level 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.]

SeYerability--1989 e 376: See note following RCW 70.105.010.

RC)V 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.]

SeYenbility--I985 e 448: See note following RCW 70.[05.005.

(Cb. 70.105 RCW-p III