,'

# ..

Chapter70.105 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) Legislativedeclaration. Purpose. Definitions. Standards and regulations--Adoption-Notice and

hearing--Consultation with otheragencies. List andinformation to be furnished bydepositorof

hazardous waste---Rules and regulations. Disposalsite or facility-Acquisition-DisposaJ fee

schedule. Disposal at other than approved site prohibitedDisposal of radioactive wastes. Reviewofrules,regulations. criteriaand fee schedules. Criteriaforreceivingwaste at disposal site. Violations--Civil penalties. Violations--Criminal penalties. Violations--Gross misdemeanor. Violations--Orders--Penalty fornonc::omplianee-Appeal. Action for damages resulting fromviolation-Attorncys' fees. Powersand duties ofdepartment. Duty ofdepartmentto regulate PCB waste. Regulation of wastes with radioactive and hazardous

components. Regula,tionof dangerous wastes associated with energy

facilities. Radioactivewastes--Authority ofdepartment ofsocia!and health services. Application ofchapterto specialincineratorash. Authority ofattorncy general. Department's powersas designatedagency under federal act. Copiesof 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

federalact. Declaration-Managementofhazardous wastePriorities-DefIRitions. Waste managementstudy-PublichearingsAdoption or modificationofrules-Recommenda· tionstolegislature. Disposalof dangerous wastes atcommercial off-5ite

landdisposaJ faciliti_Umitations. Waste managcment-Consultativescrvia:sTec:lmica1 assistancc---Confidentiality. Dispositionof fIRes and pena1ti_Earnings. Hazardous waste managementp1aII. Hazardous wastemanagementfaciIiti_Dcpattment

todcvdopcriteriafor siting. Departmentto adopt rules forpermits for hazardous

substancestreatment facilities. LocaJ.governmentsto preparelocalhazardous waste

pIaIlS--Basis---..E1ements requited. ' Localgovernmentstodesignatezoaes-Dcpartmental

guidelines-Approval ofIoca1 government mne designations or amendments--Excmption. Localgovernmentsto submitletterof intent to identify

ordesignatezones and submit managementp1aDs-- Department toprepareplan in CYelttoffailureto act. Grants to Ioca1 governmentsfor plan preparation. implementation,anddesignaticinof**zoa~atehing** funds---Qualifications. Statepreemption-Ocpartmentsoleauthority-'-

Localrequirementssuperseded--Stateautbority over designated zone facilities. 70.105.245 Department may require notice of intent formanage- "ment facility permit. 70.105.250 Appeals to pollution control hearings board. 70.105.255 Departmentto provide technical assistance with local plans. 70.105.260 Departmentto assist conflict resolution activities related to siting facilities-Agreements may constituteconditions for permit. 70.105.270 Requirements of RCW 70.105.200 through 70.105.230 and 70.105.240(4) not mandatory witboutlegislative appropriation. 70.105.2S0 Service charges. 70.105.900 Shorttitle-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 ofhazardous 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 ofthe state depend on clean and pure environmental resources unaf-· fected by hazardous waste contamination. At the same. time. the quality oflife of the people ofthe state is in partbased upon a largevarietyofgoods produced by the
economy ofthe state. The complex industrial processes thatproducethesegoods also generatewaste byproducts,

some of which are hazardous to the public health and the environmentifimproperly 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 ofsafe. 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 ofthe state.

. . (4) Strong and effective enforcement of federal and
statehazardous wastelaws andregulations isessential 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 ofsiting hazardous waste management facilities, ' .: , -" -,'. ' . (6) Safe

### a~d :responsible'

### ma~g~me~t.**~f·fulzardous**

, wasterequires an effectiveplanning process thatinvolves _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. 70.1OSRCW-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 ofadequate opportunities for citizens to meet with facility operators and resolve concerns about 

### localhazardous waste management facilities. (8) Due to the controversial and regional nature of facilities for the disposal and incineration ofhazardous 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 departmentfor 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 ofland 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 ofthe legislature that this role be encouraged and continue into the future to the extent feasible. Whether privately or publicly owned and operated. hazardous
waste managementfacilities and services should be subject to strict governmental regulation as provided under this chapter

.. (10) Wastes that are exempt or excluded from full regulation underthis chapterdue to theirsmall quantity or household origin have the potential to pose significant riskto public health and theenvironmentifnot 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 thewaste appropriately. 'In addition. the legislature finds'that. ·because local·conditions vary substantially in regard to the quantities. risks. and management ' opportunities available for suchwastes. 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 purposeofthis chapter: (1) To provide broad powers of regulation to the department ofecology relating to management of hazardous wastes and releases ofhazardous substances; (2) To promote waste reduction and to encourage other improvements in wastemanagementpractices; (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 ofthe 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 orthe 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 orabandoned. (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 quantityor concentrationas to pose a substantial present

or potentlal 

### hazard to human health. wildlife. or the environment'becausesuch' wastes or constituents or combinations ofsuch wastes: (a) Have**short~ved,toxic** properties that may cause

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

or carcinogenic properties; or o: "i

-(b) Are corrosive,' explosive, flammable. or may generate pressurethrough decomposition or other means. (6) "Extremely hazardous waste" means any dangerous waste which

(1989 Laws)' 

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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-riskwaste" means (a) any waste that exhibitsany of the properties of hazardous waste butis 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 departmentas 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 physicalcharacterization 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: 'Ifany 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. minimumstandards 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 ofagriculture. 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/ofany such waste. Such list, when appropriate. shall include information onantidotes. firstaid.ior

### safety measures to be taken in case of accidental contact with the particularextremely 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 WasteManagement

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 

### inconsistentwith a local comprehensive plan approved prior to January I, 1976:Andprovided 

### further, That no lands acquired under this section shall be subjectto 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 ofadministration of this chapter and the cost ofdevelopment, operation, maintenance, and perpetual management of the disposal site. If 

### operated by a privateentity, 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-Disposalofradioactivewastes. (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 willresult in 

### the waste being reclaimed, treated, detoxified. neutralized, or otherwise processed to remove its harmful properties orcharacteristics. (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 ofthis chapter. However, prior to disposal, or as a part ofdispasaI.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

### forthe purpose ofree-

. qmmending revisions,additions, or modifications thereto .as provided for.the reviewofsclidwaste-regulations and standards pursuant to chapter .70.95 RCW. [1975-'76 2nd**ex.s.~** 

### 101 § 6.]

(0. 70.105 RCW-p41 

### RCW 70.105.070 Criteria forreceiving waste at dis

### posal 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--SeYerabil** ity--Captio_1987 e 109: See notes following RCW 43.21B.OOl.

SeYerability--1983 e 172: Seenotefollowing 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 dangerofdeath 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 likelihoodthat 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, approvedNovember 8, 1988).] ::::',.**,~.;:**

### ....\

...

: ·Short :,**tit~ptio~onstruetiO~XistiDg** .agreemenD-Effeetife date--SeYerability-l989 e 2: See RCW 70.i050.900through 70.1050.921, respectively.

-

(1989 Laws) 

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# o

### Hazardous Waste Management 70.105.110

RCW 70.105.090 Violations--Gross misdemeanor. In addition to the penalties imposed pursuant toRCW 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 thanone 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-I983e 172:Secnote following RCW 70.105.097.



### RCW 70.105.095 Violations---Orders-Penalty for·noncompliance-Appeal. (1) 

### Whenever on the basis onany 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 byregistered mail or personally to the person against whom the order is directed. (2) Any person who fails to take corrective action as specifiedin a complianceorder 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 provisionsofthis 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 Actionfor damages resulting from riolatioo---Attorneys'fees. A personinjuredas a result of a violation of this chapteror the rules adopted thereunder may bring an action in superior 

### courtfor the recovery 

### of the damages. A conviction or imposition ofa penalty underthis 

### chapteris not a prerequisite to an action underthis 

### section.

The court may award reasonable attorneys' fees to a prevailinginjured party in an action under this section. . [1983 c 172

### § 1.]

. --SeteraIlillty-I983 e 172: 'Ifany provision·or this act or its applicationto any person orcircumstanceis held invalid, the remainder



## .ordie act or the application

## orthe provision to other persons or eir-**!~** isnotaffectcd.· [1983 e 172 § 5.] .



### RCW 70.105.100 Powers 

### anct duties of department. The department in performing.its duties under this chaptermay:

(1989 Laws) (l) 

### Conductstudies'andcoordinate research programs pertaining toextremely 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 wouldotherwise 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 under40 CFRpart761. [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 extentit 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 chaptershall alter. amend. or supersede the provisionsof 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 siteevaluation council and, in orderto reduce duplication ofeffort 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~** 

### ·ofthis 

### chaptershall 

### beperformed 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 "fromtheir energy facility sites any dangerous.wastes. controlled by this 'chapter, within ninety days of their generation. 0-987 c 488 

### § 3; 1984c237 

### § 3; 1975-'76 2nd ex.sr c 101 

### § 11.] 

### _::·,.c

1Ch.70.IOSRCW-=P5170.105.111 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 ofdescending 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 extractingvaluable 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 ofan enclosed device using controlled/flamecombustion;

. . , (e) "Solidification/stabilization treatment" means the

use of encapsulation techniques to solidify

-wastes and make them less .permeableorleachable; and, '.

. ... (f) "Landfill" means'a disposal facility;'or part ofa facility, atwhich waste isplaced 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 ofsocial 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 e528: See RCW 70.138.902.

RCW 70.105.120 Authority of attorney general. At the, request of the department. the attorney general is authorizedto bring such injunctive. declaratory, or other actions to enforceany requirementof 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 ofpesticides or herbicides which have been used in normal farm operations and which are not extremely hazardous wastes, shall not be subjectto the permitsystem; (b) Establish standards for the safe transport., treatment, storage. and disposal ofdangerous wastes as may be necessary to protect human health and the environment; (c) Establish. to implement this section: (i) A manifestsystem to trackdangerous 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 ofinspection, 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- .I05.130 to the fire departments or fire districts that !69mce the areas in which the wastes are handled upon the request ofthe 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 sheriffor other county official. This section shall not apply to the transportation ofhazardous 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 ofchapter 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 notefollowing 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 departmentshall prepare new rules or modify existing rules as appropriate to promoteimplementation of the priorities es-



### .tablished 

### in RCW 70.105.150 for management practices which assure 

### useof 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 legislativeappropriation. [1984 c 254 § 2; 1983 1st eLS. 

### c 70 

### § 2.]

Seftrallility-1984e Z54: "Ifany provision of this act or its application to any persoa or cin:umstancc is held invalid. the remainder of the act or theapplication of the provision to other persons or circumstances is notaffected.· ['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 emergencysituations; 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 revisionsdeemed necessary by the department are pro-



### .posedand 

### donot prohibit land disposal of such wastes;

or·. "; .,,:',,(c) 

### Final regulations have been adopted by the de- 'partmentthat 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 isauthorized 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. requestconfidential 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
accountshall 

### becredited 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 70.105.1SO. 70.105.160. 70.105.170. and 70.105.180.

ElfectiYC! dar-l985 e51: See note following RCW 15.52.320.**~.** . . RCW 

### 70.105.200 Hazardous waste management plan. (I) The departmentshall 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 ofthe capacity of existing facilities to treat, store, dispose, or otherwise
manage hazardous waste; (b) A forecast offuture 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 otherentities as appropriate. (3) Siting criteria shall be completedby 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 managementplan those elements ofthe local hazardous waste management plans that it deems necessary to assure effective and coordinated programs throughout the state. [1985 c 448 

### § 4.]

5eferability-l98Sc 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 bepart ofthe 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 groundwaterhydrology;

•• (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 ofutilities 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 pro
### cessor 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 applicantand 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 wasteplan which shall be based on state guidelines and include the followingelements: (a) A plan or program to manage moderate-risk
wastes thataregeneratedor otherwisepresent 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 ofthe 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 environmentresulting from improper use and disposal of 'the'waste; and (ii) Proper methods of handling, reducing. recycling, and disposing ofthewaste;

. . (cj.An inventory of all existing generators of hazardous waste and facilities managing hazardous'waste within thejurisdiction. 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 WasteManagement 70.105.225



### (e) A description of the eligible zones designated inaccordance 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
personsinvolved 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-riskwaste 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 nolater 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 withthis 

### chapterand the guidelines under subsection (4) of this 

### section. If approvalis denied. the department shall submit its objections to thelocal government within ninety days of submission. However. for plans.submitted between January I, 1990, and June 30, 1990, the de

### partment shall have one hundred eighty days to submit its objections. No local government is eligible for grantsunder RCW 70.105.235 for implementing a local hazardous waste plan unless the plan for that jurisdiction has beenapprovedby the department..

. .

,.,.(8) Each local government, or combination ofcontigi

### ."uous local governments, shall implement the local haz

### ardous waste plan for itsjurisdiction 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-Ex

### emption. (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 itsjurisdiction 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 inaccordance with subsection (6) of this section. (2) Local governments shall not prohibit the processing or handling ofhazardous 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 becompleted 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 theirjurisdiction, based on siting criteria adopted in accordance with RCW 70.105.210. The area designation shall be 

### subjectto 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 ofsubmission. Thedepartment 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,Thatthe department shall consider'local zoning in place as ofJanuary I, 1985,.or other specialsituations

or conditions which may exist in thejurisdiction. Ifapproval isdenied. the departmentshall state within ninety

.days 

### from the date ofsubmission 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 significantportion 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--Departmentto prepare plan ineventof 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) 

### Ifany local government fails to submita letter as provided in subsection (l)(b) of this section. or fails to adopt a local hazardous waste plan for itsjurisdiction 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 localjurisdiction. [1985 c 448 

### § 8.]

Se-rerability--I98Se 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 administergrants 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 underthis 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 ofgrants 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 departmentshall be in lieu of any and all permits. approvals. certifications. or conditions of any other state. regional. or local governmental authority which wouldotherwise 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 ofpreempted facilities shall be deemed superseded. However. in issuing permits underthis 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 

### c448 

### § 12.]

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

RCW 70.105.255 Department to provide technical assistance withlocal 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 pursuantto chapter7.75 RCW; and '(d) May expend funds to support suchconflict 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 beassessed include: ' (a) Office, staff, and staffsupport 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 priorto 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--1989e 376: See note following RCW 70.105.010.

RC)V 70.105.900 Short title-1985 c 448. This' chaptershall be known and may be cited as the hazardous waste management act. [1985 c 448 

### § 16.]

SeYenbility--I985e 448: See note following RCW 70.[05.005.

(Cb. 70.105 RCW-p III