reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.384 - Radioactive Waste Act. › 70A.384.060 - Waste disposal surcharges and penalty surcharges—Disposition.

RCW 70A.384.060
Waste disposal surcharges and penalty surcharges—Disposition.
The governor may assess surcharges and penalty surcharges on the disposal of waste at the commercial low-level radioactive waste disposal facility. The surcharges may be imposed up to the maximum extent permitted by federal law. Ten dollars per cubic foot of the moneys received under this section shall be transmitted monthly to the site closure account established under RCW 70A.384.050. The rest of the moneys received under this section shall be deposited in the general fund.
[ 2020 c 20 § 1056; 2012 c 19 § 3; 1990 c 21 § 3; 1986 c 2 § 3. Formerly RCW 43.200.170.]
NOTES:
Effective date—2012 c 19: See note following RCW 70A.384.010.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.384 - Radioactive Waste Act. › 70A.384.070 - Implementation of federal low-level radioactive waste policy amendments of 1985.

RCW 70A.384.070
Implementation of federal low-level radioactive waste policy amendments of 1985.
Except as provided in chapter 70A.388 RCW related to administration of a user permit system, the department of ecology shall be the state agency responsible for implementation of the federal low-level radioactive waste policy amendments act of 1985, including:
(1) Collecting and administering the surcharge assessed by the governor under RCW 70A.384.060;
(2) Collecting low-level radioactive waste data from disposal facility operators, generators, intermediate handlers, and the federal department of energy;
(3) Developing and operating a computerized information system to manage low-level radioactive waste data;
(4) Denying and reinstating access to the commercial low-level radioactive waste disposal facility pursuant to the authority granted under federal law;
(5) Administering and/or monitoring (a) the maximum waste volume levels for the commercial low-level radioactive waste disposal facility, (b) reactor waste allocations, (c) priority allocations under the Northwest Interstate Compact on Low-Level Radioactive Waste Management, and (d) adherence by other states and compact regions to federal statutory deadlines; and
(6) Coordinating the state's low-level radioactive waste disposal program with similar programs in other states.
[ 2020 c 20 § 1057; 2012 c 19 § 4; 1998 c 245 § 81; 1986 c 2 § 4. Formerly RCW 43.200.180.]
NOTES:
Effective date—2012 c 19: See note following RCW 70A.384.010.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.384 - Radioactive Waste Act. › 70A.384.080 - Studies on-site closure and perpetual care and maintenance requirements and on adequacy of insurance coverage.

RCW 70A.384.080
Studies on-site closure and perpetual care and maintenance requirements and on adequacy of insurance coverage.
The department of ecology shall perform studies, by contract or otherwise, to define site closure and perpetual care and maintenance requirements for the commercial low-level radioactive waste disposal facility and to assess the adequacy of insurance coverage for general liability, radiological liability, and transportation liability for the facility.
[ 2012 c 19 § 5; 1998 c 245 § 82; 1986 c 2 § 6. Formerly RCW 43.200.190.]
NOTES:
Effective date—2012 c 19: See note following RCW 70A.384.010.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.384 - Radioactive Waste Act. › 70A.384.090 - Review of potential damage—Financial assurance.

RCW 70A.384.090
Review of potential damage—Financial assurance.
(1) The director of the department of ecology may periodically review the potential for bodily injury and property damage arising from the transportation and disposal of commercial low-level radioactive waste under permits issued by the state.
(2) In making the determination of the appropriate level of financial assurance, the director shall consider:
(a) The nature and purpose of the activity and its potential for injury and damages to or claims against the state and its citizens;
(b) The current and cumulative manifested volume and radioactivity of waste being packaged, transported, buried, or otherwise handled;
(c) The location where the waste is being packaged, transported, buried, or otherwise handled, including the proximity to the general public and geographic features such as geology and hydrology, if relevant; and
(d) The legal defense cost, if any, that will be paid from the required financial assurance amount.
[ 2012 c 19 § 6; 1998 c 245 § 83; 1992 c 61 § 1; 1990 c 82 § 1; 1986 c 191 § 1. Formerly RCW 43.200.200.]
NOTES:
Effective date—2012 c 19: See note following RCW 70A.384.010.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.384 - Radioactive Waste Act. › 70A.384.100 - Site closure fee—Generally.

RCW 70A.384.100
Site closure fee—Generally.
Beginning January 1, 1993, the department of ecology may impose a reasonable site closure fee if necessary to be deposited in the site closure account established under RCW 70A.384.050. The department may continue to collect moneys for the site closure account until the account contains an amount sufficient to complete the closure plan, as specified in the radioactive materials license issued by the department of health.
[ 2020 c 20 § 1058; 1990 c 21 § 4. Formerly RCW 43.200.220.]
NOTES:
Rate regulation anticipated—1990 c 21: "State and national policy directs that the management of low-level radioactive waste shall be accomplished by a system of interstate compacts and the development of regional disposal sites. The Northwest regional compact, comprised of the states of Alaska, Hawaii, Idaho, Montana, Oregon, Utah, and Washington, has as its disposal facility the low-level radioactive waste disposal site located near Richland, Washington. This site is expected to be the sole site for disposal of low-level radioactive waste for compact members effective January 1, 1993. Future closure of this site will require significant financial resources.
Low-level radioactive waste is generated by essential activities and services that benefit the citizens of the state. Washington state's low-level radioactive waste disposal site has been used by the nation and the Northwest compact as a disposal site since 1965. The public has come to rely on access to this site for disposal of low-level radioactive waste, which requires separate handling from other solid and hazardous wastes. The price of disposing of low-level radioactive waste at the Washington state low-level radioactive waste disposal site is anticipated to increase when the federal low-level radioactive waste policy amendments act of 1985 is implemented and waste generated outside the Northwest compact states is excluded. To protect Washington and other Northwest compact states' businesses and services, such as electrical production, medical and university research, and private industries, upon which the public relies, there may be a need to regulate the rates charged by the operator of Washington's low-level radioactive waste disposal site." [ 1990 c 21 § 1.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.384 - Radioactive Waste Act. › 70A.384.110 - Fees for waste generators.

RCW 70A.384.110
Fees for waste generators.
The director of the department of ecology shall require that generators of waste pay a fee for each cubic foot of waste disposed at any facility in the state equal to six dollars and fifty cents. The fee shall be imposed specifically on the generator of the waste and shall not be considered to apply in any way to the low-level site operator's disposal activities. The fee shall be allocated in accordance with RCW 70A.384.120 and 70A.384.130. Failure to comply with this section may result in denial or suspension of the generator's site use permit pursuant to RCW 70A.388.060.
[ 2020 c 20 § 1059; 2012 c 19 § 7; 1991 c 272 § 16. Formerly RCW 43.200.230.]
NOTES:
Effective date—2012 c 19: See note following RCW 70A.384.010.
Effective dates—1991 c 272: See RCW 81.108.901.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.384 - Radioactive Waste Act. › 70A.384.120 - Waste generator surcharge remittal to counties.

RCW 70A.384.120
Waste generator surcharge remittal to counties.
A portion of the surcharge received under RCW 70A.384.110 shall be remitted monthly to the county in which the low-level radioactive waste disposal facility is located in the following manner:
(1) During 1993, six dollars and fifty cents per cubic foot of waste;
(2) During 1994, three dollars and twenty-five cents per cubic foot of waste; and
(3) During 1995 and thereafter, two dollars per cubic foot of waste.
[ 2020 c 20 § 1060; 1991 c 272 § 17. Formerly RCW 43.200.233.]
NOTES:
Effective dates—1991 c 272: See RCW 81.108.901.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.384 - Radioactive Waste Act. › 70A.384.130 - Disposal of waste generator surcharges.

RCW 70A.384.130
Disposal of waste generator surcharges.
Except for moneys that may be remitted to a county in which a low-level radioactive waste disposal facility is located, all surcharges authorized under RCW 70A.384.110 shall be deposited in the fund created in RCW 43.31.422.
[ 2020 c 20 § 1061; 1991 c 272 § 18. Formerly RCW 43.200.235.]
NOTES:
Effective dates—1991 c 272: See RCW 81.108.901.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.384 - Radioactive Waste Act. › 70A.384.900 - Construction of chapter.

RCW 70A.384.900
Construction of chapter.
The rules of strict construction do not apply to this chapter and it shall be liberally construed in order to carry out the objective for which it is designed, in accordance with the legislative intent to give the board the maximum possible freedom in carrying the provisions of this chapter into effect.
[ 1984 c 161 § 15; 1983 1st ex.s. c 19 § 10. Formerly RCW 43.200.900.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.384 - Radioactive Waste Act. › 70A.384.901 - Conflict with federal requirements—1983 1st ex.s. c 19.

RCW 70A.384.901
Conflict with federal requirements—1983 1st ex.s. c 19.
If any part of this act shall be found to be in conflict with federal requirements which are a prescribed condition to the allocation of federal funds to the state, such conflicting part of this act is hereby declared to be inoperative solely to the extent of such conflict and with respect to the agencies directly affected, and such finding or determination shall not affect the operation of the remainder of this act in its application to the agencies concerned. The rules and regulations under this act shall meet federal requirements which are a necessary condition to the receipt of federal funds by the state.
[ 1983 1st ex.s. c 19 § 11. Formerly RCW 43.200.901.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.384 - Radioactive Waste Act. › 70A.384.902 - Construction—1986 c 191.

RCW 70A.384.902
Construction—1986 c 191.
The provisions of this act shall not have the effect of reducing the level of liability coverage required under any law, regulation, or contract of the state before December 31, 1987, or the effective date of the first determination made pursuant to RCW 70A.384.090, if earlier.
[ 2020 c 20 § 1062; 1986 c 191 § 4. Formerly RCW 43.200.905.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.384 - Radioactive Waste Act. › 70A.384.903 - Transfer of site use permit program from the department of ecology to the department of health.

RCW 70A.384.903
Transfer of site use permit program from the department of ecology to the department of health.
(1) The site use permit program is transferred from the department of ecology to the department of health.
(2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of ecology site use permit program shall be delivered to the custody of the department of health. All funds, credits, or other assets held by the department of ecology site use permit program shall be assigned to the department of health.
(b) Any appropriations made to the department of ecology for the site use permit program shall be transferred and credited to the department of health.
(3) All rules of the department of ecology site use permit program shall be continued and acted upon by the department of health until new rules are adopted under RCW 70A.388.060. All permit applications and pending business before the department of ecology site use permit program shall be continued and acted upon by the department of health. All existing contracts and obligations shall remain in full force and shall be performed by the department of health.
(4) The transfer of the powers, duties, functions, and personnel of the department of ecology site use permit program to the department of health under chapter 19, Laws of 2012 shall not affect the validity of any activity performed before July 1, 2012.
[ 2020 c 20 § 1063; 2012 c 19 § 14. Formerly RCW 43.200.907.]
NOTES:
Effective date—2012 c 19: See note following RCW 70A.384.010.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.386 - High-Level Nuclear Waste Repository Siting. › 70A.386.010 - Findings.

RCW 70A.386.010
Findings.
The legislature and the people of the state of Washington find that:
(1) In order to solve the problem of high-level radioactive waste disposal, congress established a process for selecting two sites for the safe, permanent, and regionally equitable disposal of such waste.
(2) The process of selecting three sites as final candidates, including the Hanford reservation, for a first high-level nuclear waste repository by the United States department of energy violated the intent and the mandate of congress.
(3) The United States department of energy has prematurely deferred consideration of numerous potential sites and disposal media that its own research indicates are more appropriate, safer, and less expensive.
(4) Placement of a repository at Hanford without methodical and independently verified scientific evaluation will pose a threat to the health and safety of the people and the environment of this state.
(5) The selection process is flawed and not credible because it did not include independent experts in the selection of the sites and in the review of that selection, as recommended by the National Academy of Sciences.
(6) By postponing indefinitely all site specific work for a second repository, the United States department of energy has not complied with the intent of congress expressed in the Nuclear Waste Policy Act, Public Law 97-425, and the fundamental compromise which enabled its enactment.
[ 1986 ex.s. c 1 § 1. Formerly RCW 43.205.010.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.386 - High-Level Nuclear Waste Repository Siting. › 70A.386.020 - Duties relating to the site selection process for a high-level nuclear waste repository.

RCW 70A.386.020
Duties relating to the site selection process for a high-level nuclear waste repository.
In order to achieve complete compliance with federal law and protect the health, safety, and welfare of the people of the state of Washington, the governor, the legislature, other statewide elected officials, and the nuclear waste board shall use all legal means necessary to:
(1) Suspend the preliminary site selection process for a high-level nuclear waste repository, including the process of site characterization, until there is compliance with the intent of the Nuclear Waste Policy Act;
(2) Reverse the secretary of energy's decision to postpone indefinitely all site specific work on locating and developing a second repository for high-level nuclear waste;
(3) Insist that the United States department of energy's site selection process, when resumed, considers all acceptable geologic media and results in safe, scientifically justified, and regionally and geographically equitable high-level nuclear waste disposal;
(4) Demand that federal budget actions fully and completely follow the intent of the Nuclear Waste Policy Act; and
(5) Continue to pursue alliances with other states and interested parties, particularly with Pacific Northwest governors, legislatures, and other parties, affected by the site selection and transportation of high-level nuclear waste.
[ 1986 ex.s. c 1 § 2. Formerly RCW 43.205.020.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.388 - Nuclear Energy and Radiation. › 70A.388.010 - Declaration of policy.

RCW 70A.388.010
Declaration of policy.
It is the policy of the state of Washington in furtherance of its responsibility to protect the public health and safety and to encourage, insofar as consistent with this responsibility, the industrial and economic growth of the state and to institute and maintain a regulatory and inspection program for sources and uses of ionizing radiation so as to provide for (1) compatibility with the standards and regulatory programs of the federal government, (2) a single, effective system of regulation within the state, and (3) a system consonant insofar as possible with those of other states.
[1975-'76 2nd ex.s. c 108 § 12; 1961 c 207 § 1. Formerly RCW 70.98.010.]
NOTES:
Severability—Effective date—1975-'76 2nd ex.s. c 108: See notes following RCW 43.21F.010.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.388 - Nuclear Energy and Radiation. › 70A.388.020 - Purpose.

RCW 70A.388.020
Purpose.
It is the purpose of this chapter to effectuate the policies set forth in RCW 70A.388.010 as now or hereafter amended by providing for:
(1) A program of effective regulation of sources of ionizing radiation for the protection of the occupational and public health and safety;
(2) A program to promote an orderly regulatory pattern within the state, among the states and between the federal government and the state and facilitate intergovernmental cooperation with respect to use and regulation of sources of ionizing radiation to the end that duplication of regulation may be minimized;
(3) A program to establish procedures for assumption and performance of certain regulatory responsibilities with respect to by-product, source, and special nuclear materials.
[ 2020 c 20 § 1263; 1975-'76 2nd ex.s. c 108 § 13; 1965 c 88 § 1; 1961 c 207 § 2. Formerly RCW 70.98.020.]
NOTES:
Severability—Effective date—1975-'76 2nd ex.s. c 108: See notes following RCW 43.21F.010.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.388 - Nuclear Energy and Radiation. › 70A.388.070 - Inspection.

RCW 70A.388.070
Inspection.
The agency or its duly authorized representative shall have the power to enter at all reasonable times upon any private or public property for the purpose of determining whether or not there is compliance with or violation of the provisions of this chapter and rules and regulations issued thereunder.
[ 1985 c 372 § 2; 1961 c 207 § 9. Formerly RCW 70.98.090.]
NOTES:
Severability—1985 c 372: See note following RCW 70A.388.040.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.388 - Nuclear Energy and Radiation. › 70A.388.080 - Financial assurance—Noncompliance.

RCW 70A.388.080
Financial assurance—Noncompliance.
(1) The radiation control agency may require any person who applies for, or holds, a license under this chapter to demonstrate that the person has financial assurance sufficient to assure that liability incurred as a result of licensed operations and activities can be fully satisfied. Financial assurance may be in the form of insurance, cash deposits, surety bonds, corporate guarantees, letters of credit, or other financial instruments or guarantees determined by the agency to be acceptable financial assurance. The agency may require financial assurance in an amount determined by the secretary pursuant to RCW 70A.388.090.
(2) The radiation control agency may require site use permit holders to demonstrate financial assurance in an amount that is adequate to protect the state and its citizens from all claims, suits, losses, damages, or expenses on account of injuries to persons and property damage arising or growing out of the transportation or disposal of commercial low-level radioactive waste. The financial assurance may be in the form of insurance, cash deposits, surety bonds, corporate guarantees, and other acceptable instruments or guarantees determined by the secretary to be acceptable evidence of financial assurance. The agency may require financial assurance in an amount determined by the secretary pursuant to RCW 70A.388.090.
(3) The radiation control agency shall refuse to issue a license or permit or suspend the license or permit of any person required by this section to demonstrate financial assurance who fails to demonstrate compliance with this section. The license or permit shall not be issued or reinstated until the person demonstrates compliance with this section.
(4) The radiation control agency shall require (a) that any person required to demonstrate financial assurance, maintain with the agency current copies of any insurance policies, certificates of insurance, letters of credit, surety bonds, or any other documents used to comply with this section, (b) that the agency be notified of any changes in the financial assurance or financial condition of the person, and (c) that the state be named as an insured party on any insurance policy used to comply with this section.
[ 2020 c 20 § 1265; 2012 c 19 § 10; 1992 c 61 § 3; 1990 c 82 § 4; 1986 c 191 § 3. Formerly RCW 70.98.095.]
NOTES:
Effective date—2012 c 19: See note following RCW 70A.384.010.
Construction—1986 c 191: See RCW 70A.384.902.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.388 - Nuclear Energy and Radiation. › 70A.388.090 - Financial assurance—Generally.

RCW 70A.388.090
Financial assurance—Generally.
(1) In making the determination of the appropriate level of financial assurance, the secretary shall consider: (a) Any report prepared by the department of ecology pursuant to RCW 70A.384.090; (b) the potential cost of decontamination, treatment, disposal, decommissioning, and cleanup of facilities or equipment; (c) federal cleanup and decommissioning requirements; and (d) the legal defense cost, if any, that might be paid from the required financial assurance.
(2) The secretary may establish different levels of required financial assurance for various classes of permit or license holders.
(3) The secretary shall establish by rule the instruments or mechanisms by which a person may demonstrate financial assurance as required by RCW 70A.388.080.
(4) To the extent that money in the site closure account together with the amount of money identified for repayment to the site closure account pursuant to RCW 70A.384.050 equals or exceeds the cost estimate approved by the department of health for closure and decommissioning of the commercial low-level radioactive waste disposal facility, the money in the site closure account together with the amount of money identified for repayment to the site closure account shall constitute adequate financial assurance for purposes of the department of health financial assurance requirements under RCW 70A.388.080.
[ 2020 c 20 § 1266; 2012 c 19 § 11; 2003 1st sp.s. c 21 § 2; 1992 c 61 § 4; 1990 c 82 § 3. Formerly RCW 70.98.098.]
NOTES:
Effective date—2012 c 19: See note following RCW 70A.384.010.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.388 - Nuclear Energy and Radiation. › 70A.388.100 - Records.

RCW 70A.388.100
Records.
(1) The agency shall require each person who possesses or uses a source of ionizing radiation to maintain necessary records relating to its receipt, use, storage, transfer, or disposal and such other records as the agency may require which will permit the determination of the extent of occupational and public exposure from the radiation source. Copies of these records shall be submitted to the agency on request. These requirements are subject to such exemptions as may be provided by rules.
(2) The agency may by rule and regulation establish standards requiring that personnel monitoring be provided for any employee potentially exposed to ionizing radiation and may provide for the reporting to any employee of his or her radiation exposure record.
[ 2012 c 117 § 415; 1961 c 207 § 10. Formerly RCW 70.98.100.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.388 - Nuclear Energy and Radiation. › 70A.388.110 - Federal-state agreements—Authorized—Effect as to federal licenses.

RCW 70A.388.110
Federal-state agreements—Authorized—Effect as to federal licenses.
(1) The governor, on behalf of this state, is authorized to enter into agreements with the federal government providing for discontinuance of certain of the federal government's responsibilities with respect to sources of ionizing radiation and the assumption thereof by this state pursuant to this chapter.
(2) Any person who, on the effective date of an agreement under subsection (1) above, possesses a license issued by the federal government shall be deemed to possess the same pursuant to a license issued under this chapter which shall expire either ninety days after the receipt from the state radiation control agency of a notice of expiration of such license or on the date of expiration specified in the federal license, whichever is earlier.
[ 1965 c 88 § 6; 1961 c 207 § 11. Formerly RCW 70.98.110.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.388 - Nuclear Energy and Radiation. › 70A.388.120 - Inspection agreements and training programs.

RCW 70A.388.120
Inspection agreements and training programs.
(1) The agency is authorized to enter into an agreement or agreements with the federal government, other states, or interstate agencies, whereby this state will perform on a cooperative basis with the federal government, other states, or interstate agencies, inspections or other functions relating to control of sources of ionizing radiation.
(2) The agency may institute training programs for the purpose of qualifying personnel to carry out the provisions of this chapter and may make said personnel available for participation in any program or programs of the federal government, other states, or interstate agencies in furtherance of the purposes of this chapter.
[ 1961 c 207 § 12. Formerly RCW 70.98.120.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.388 - Nuclear Energy and Radiation. › 70A.388.130 - Department of ecology to seek federal funding for environmental radiation monitoring.

RCW 70A.388.130
Department of ecology to seek federal funding for environmental radiation monitoring.
The department of ecology shall seek federal funding, such as is available under the clean air act (42 U.S.C. Sec. 1857 et seq.) and the nuclear waste policy act (42 U.S.C. Sec. 10101 et seq.) to carry out the purposes of RCW 70A.388.040(4)(e).
[ 2020 c 20 § 1267; 1985 c 372 § 3. Formerly RCW 70.98.122.]
NOTES:
Severability—1985 c 372: See note following RCW 70A.388.040.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.388 - Nuclear Energy and Radiation. › 70A.388.140 - Federal assistance to be sought for high-level radioactive waste program.

RCW 70A.388.140
Federal assistance to be sought for high-level radioactive waste program.
(1) The agency shall seek federal financial assistance as authorized by the nuclear waste policy act of 1982, P.L. 97-425 section 116(c), for activities related to the high-level radioactive waste program in the state of Washington. The activities for which federal funding is sought shall include, but are not limited to, the development of a radiological baseline for the Hanford reservation; the implementation of a program to monitor ionizing radiation emissions on the Hanford reservation; the collection of statistical data and epidemiological research, where available, on diseases that result from exposure to sources of ionizing radiation on the Hanford reservation.
(2) In the event the federal government refuses to grant financial assistance for the activities under subsection (1) of this section, the agency is directed to investigate potential legal action.
[ 1985 c 383 § 2. Formerly RCW 70.98.125.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.388 - Nuclear Energy and Radiation. › 70A.388.150 - Administrative procedure.

RCW 70A.388.150
Administrative procedure.
(1) In any proceeding under this chapter for the issuance or modification or repeal of rules relating to control of sources of ionizing radiation, the agency shall comply with the requirements of chapter 34.05 RCW, the administrative procedure act.
(2) Notwithstanding any other provision of this chapter, whenever the agency finds that an emergency exists requiring immediate action to protect the public health, safety, or general welfare, the agency may, in accordance with RCW 34.05.350 without notice or hearing, adopt a rule reciting the existence of such emergency and require that such action be taken as is necessary to meet the emergency. As specified in RCW 34.05.350, such rules are effective immediately.
(3) In any case in which the department denies, modifies, suspends, or revokes a license or permit, RCW 43.70.115 governs notice of the action and provides the right to an adjudicative proceeding to the applicant or licensee or permittee. Such an adjudicative proceeding is governed by chapter 34.05 RCW.
[ 2012 c 19 § 12; 1989 c 175 § 133; 1961 c 207 § 13. Formerly RCW 70.98.130.]
NOTES:
Effective date—2012 c 19: See note following RCW 70A.384.010.
Effective date—1989 c 175: See note following RCW 34.05.010.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.388 - Nuclear Energy and Radiation. › 70A.388.160 - Injunction proceedings.

RCW 70A.388.160
Injunction proceedings.
Notwithstanding the existence or use of any other remedy, whenever any person has engaged in, or is about to engage in, any acts or practices which constitute or will constitute a violation of any provision of this chapter, or any rule, regulation, or order issued thereunder, the attorney general upon the request of the agency, after notice to such person and opportunity to comply, may make application to the appropriate court for an order enjoining such acts or practices, or for an order directing compliance, and upon a showing by the agency that such person has engaged in, or is about to engage in, any such acts or practices, a permanent or temporary injunction, restraining order, or other order may be granted.
[ 1961 c 207 § 14. Formerly RCW 70.98.140.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.388 - Nuclear Energy and Radiation. › 70A.388.170 - Prohibited uses.

RCW 70A.388.170
Prohibited uses.
It shall be unlawful for any person to use, manufacture, produce, transport, transfer, receive, acquire, own, or possess any source of ionizing radiation unless licensed by or registered with, or exempted by the agency in accordance with the provisions of this chapter.
[ 1965 c 88 § 7; 1961 c 207 § 15. Formerly RCW 70.98.150.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.388 - Nuclear Energy and Radiation. › 70A.388.180 - Impounding of materials.

RCW 70A.388.180
Impounding of materials.
The agency shall have the authority in the event of an emergency to impound or order the impounding of sources of ionizing radiation in the possession of any person who is not equipped to observe or fails to observe the provisions of this chapter or any rules or regulations issued thereunder.
[ 1961 c 207 § 16. Formerly RCW 70.98.160.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.388 - Nuclear Energy and Radiation. › 70A.388.190 - Prohibition—Fluoroscopic X-ray shoefitting devices.

RCW 70A.388.190
Prohibition—Fluoroscopic X-ray shoefitting devices.
The operation or maintenance of any X-ray, fluoroscopic, or other equipment or apparatus employing roentgen rays, in the fitting of shoes or other footwear or in the viewing of bones in the feet is prohibited. This prohibition does not apply to any licensed physician, surgeon, *podiatrist, or any person practicing a licensed healing art, or any technician working under the direct and immediate supervision of such persons.
[ 1973 c 77 § 27; 1961 c 207 § 17. Formerly RCW 70.98.170.]
NOTES:
*Reviser's note: The term "podiatrist" was changed to "podiatric physician and surgeon" by 1990 c 147.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.388 - Nuclear Energy and Radiation. › 70A.388.200 - Exemptions.

RCW 70A.388.200
Exemptions.
This chapter shall not apply to the following sources or conditions:
(1) Radiation machines during process of manufacture, or in storage or transit: PROVIDED, That this exclusion shall not apply to functional testing of such machines.
(2) Any radioactive material while being transported in conformity with regulations adopted by any federal agency having jurisdiction therein, and specifically applicable to the transportation of such radioactive materials.
(3) No exemptions under this section are granted for those quantities or types of activities which do not comply with the established rules and regulations promulgated by the Atomic Energy Commission, or any successor thereto.
[ 1965 c 88 § 8; 1961 c 207 § 18. Formerly RCW 70.98.180.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.388 - Nuclear Energy and Radiation. › 70A.388.210 - Professional uses.

RCW 70A.388.210
Professional uses.
Nothing in this chapter shall be construed to limit the kind or amount of radiation that may be intentionally applied to a person for diagnostic or therapeutic purposes by or under the immediate direction of a licensed practitioner of the healing arts acting within the scope of his or her professional license.
[ 2012 c 117 § 416; 1961 c 207 § 19. Formerly RCW 70.98.190.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.388 - Nuclear Energy and Radiation. › 70A.388.220 - Penalties.

RCW 70A.388.220
Penalties.
Any person who violates any of the provisions of this chapter or rules, regulations, or orders in effect pursuant thereto shall be guilty of a gross misdemeanor.
[ 1961 c 207 § 20. Formerly RCW 70.98.200.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.388 - Nuclear Energy and Radiation. › 70A.388.230 - Adoption of rules for administering site use permit program.

RCW 70A.388.230
Adoption of rules for administering site use permit program.
The agency shall adopt rules for administering a site use permit program under RCW 70A.388.060.
[ 2020 c 20 § 1268; 2012 c 19 § 13. Formerly RCW 70.98.220.]
NOTES:
Effective date—2012 c 19: See note following RCW 70A.384.010.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.388 - Nuclear Energy and Radiation. › 70A.388.901 - Effective date—1961 c 207.

RCW 70A.388.901
Effective date—1961 c 207.
The provisions of this act relating to the control of by-product, source and special nuclear materials shall become effective on the effective date of the agreement between the federal government and this state as authorized in RCW 70A.388.110. All other provisions of this act shall become effective on the 30th day of June, 1961.
[ 2020 c 20 § 1269; 1961 c 207 § 23. Formerly RCW 70.98.910.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.388 - Nuclear Energy and Radiation. › 70A.388.902 - Section headings not part of law.

RCW 70A.388.902
Section headings not part of law.
Section headings as used in this chapter do not constitute any part of the law.
[ 1961 c 207 § 25. Formerly RCW 70.98.920.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.390 - Radioactive Waste Storage and Transportation Act of 1980. › 70A.390.010 - Finding.

RCW 70A.390.010
Finding.
The people of the state of Washington find that:
(1) Radioactive wastes are highly dangerous, in that releases of radioactive materials and emissions to the environment are inimical to the health and welfare of the people of the state of Washington, and contribute to the occurrences of harmful diseases, including excessive cancer and leukemia. The dangers posed by the transportation and presence of radioactive wastes are increased further by the long time periods that the wastes remain radioactive and highly dangerous;
(2) Transporting, handling, storing, or otherwise caring for radioactive waste presents a hazard to the health, safety, and welfare of the individual citizens of the state of Washington because of the ever-present risk that an accident or incident will occur while the wastes are being cared for;
(3) The likelihood that an accident will occur in this state involving the release of radioactive wastes to the environment becomes greater as the volume of wastes transported, handled, stored, or otherwise cared for in this state increases;
(4) The effects of unplanned releases of radioactive wastes into the environment, especially into the air and water of the state, are potentially both widespread and harmful to the health, safety, and welfare of the citizens of this state.
The burdens and hazards posed by increasing the volume of radioactive wastes transported, handled, stored, or otherwise cared for in this state by the importation of such wastes from outside this state is not a hazard the state government may reasonably ask its citizens to bear. The people of the state of Washington believe that the principles of federalism do not require the sacrifice of the health, safety, and welfare of the people of one state for the convenience of other states or nations.
[ 1981 c 1 § 1 (Initiative Measure No. 383, approved November 4, 1980). Formerly RCW 70.99.010.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.390 - Radioactive Waste Storage and Transportation Act of 1980. › 70A.390.020 - Definitions.

RCW 70A.390.020
Definitions.
The definitions set forth in this section apply throughout this chapter.
(1) "Radioactive waste" means unwanted radioactive material, including radioactive residues produced as a result of electric power generation or other reactor operation.
(2) "Medical waste" means radioactive waste from all therapy, diagnosis, or research in medical fields and radioactive waste which results from the production and manufacture of radioactive material used for therapy, diagnosis, or research in medical fields, except that "medical waste" does not include spent fuel or waste from the fuel of an isotope production reactor.
(3) "Radioactive waste generated or otherwise produced outside the geographic boundaries of the state of Washington" means radioactive waste which was located outside the state of Washington at the time of removal from a reactor vessel.
[ 1981 c 1 § 2 (Initiative Measure No. 383, approved November 4, 1980). Formerly RCW 70.99.020.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.390 - Radioactive Waste Storage and Transportation Act of 1980. › 70A.390.030 - Storage of radioactive waste from outside the state prohibited—Exceptions.

RCW 70A.390.030
Storage of radioactive waste from outside the state prohibited—Exceptions.
Notwithstanding any law, order, or regulation to the contrary, after July 1, 1981, no area within the geographic boundaries of the state of Washington may be used by any person or entity as a temporary, interim, or permanent storage site for radioactive waste, except medical waste, generated or otherwise produced outside the geographic boundaries of the state of Washington. This section does not apply to radioactive waste stored within the state of Washington prior to July 1, 1981.
[ 1981 c 1 § 3 (Initiative Measure No. 383, approved November 4, 1980). Formerly RCW 70.99.030.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.390 - Radioactive Waste Storage and Transportation Act of 1980. › 70A.390.040 - Transportation of radioactive waste from outside the state for storage within the state prohibited—Exception.

RCW 70A.390.040
Transportation of radioactive waste from outside the state for storage within the state prohibited—Exception.
Notwithstanding any law, order, or regulation to the contrary, after July 1, 1981, no person or entity may transport radioactive waste, except medical waste, generated or otherwise produced outside the geographic boundaries of the state of Washington to any site within the geographic boundaries of the state of Washington for temporary, interim, or permanent storage.
[ 1981 c 1 § 4 (Initiative Measure No. 383, approved November 4, 1980). Formerly RCW 70.99.040.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.390 - Radioactive Waste Storage and Transportation Act of 1980. › 70A.390.050 - Violations—Penalties—Injunctions—Jurisdiction and venue—Fees and costs.

RCW 70A.390.050
Violations—Penalties—Injunctions—Jurisdiction and venue—Fees and costs.
(1) A violation of or failure to comply with the provisions of RCW 70A.390.030 or 70A.390.040 is a gross misdemeanor.
(2) Any person or entity that violates or fails to comply with the provisions of RCW 70A.390.030 or 70A.390.040 is subject to a civil penalty of one thousand dollars for each violation or failure to comply.
(3) Each day upon which a violation occurs constitutes a separate violation for the purposes of subsections (1) and (2) of this section.
(4) Any person or entity violating this chapter may be enjoined from continuing the violation. The attorney general or any person residing in the state of Washington may bring an action to enjoin violations of this chapter, on his or her own behalf and on the behalf of all persons similarly situated. Such action may be maintained in the person's own name or in the name of the state of Washington. No bond may be required as a condition to obtaining any injunctive relief. The superior courts have jurisdiction over actions brought under this section, and venue shall lie in the county of the plaintiff's residence, in the county in which the violation is alleged to occur, or in Thurston county. In addition to other relief, the court in its discretion may award attorney's and expert witness fees and costs of the suit to a party who demonstrates that a violation of this chapter has occurred.
[ 2020 c 20 § 1270; 1981 c 1 § 5 (Initiative Measure No. 383, approved November 4, 1980). Formerly RCW 70.99.050.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.390 - Radioactive Waste Storage and Transportation Act of 1980. › 70A.390.060 - Interstate compact for regional storage.

RCW 70A.390.060
Interstate compact for regional storage.
Notwithstanding the other provisions of this chapter, the state of Washington may enter into an interstate compact, which will become effective upon ratification by a majority of both houses of the United States Congress, to provide for the regional storage of radioactive wastes.
[ 1981 c 1 § 6 (Initiative Measure No. 383, approved November 4, 1980). Formerly RCW 70.99.060.]
NOTES:
Northwest Interstate Compact on Low-Level Radioactive Waste Management: Chapter 70A.380 RCW.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.390 - Radioactive Waste Storage and Transportation Act of 1980. › 70A.390.900 - Construction—1981 c 1.

RCW 70A.390.900
Construction—1981 c 1.
This chapter shall be liberally construed to protect the health, safety, and welfare of the individual citizens of the state of Washington.
[ 1981 c 1 § 7 (Initiative Measure No. 383, approved November 4, 1980). Formerly RCW 70.99.900.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.390 - Radioactive Waste Storage and Transportation Act of 1980. › 70A.390.901 - Short title.

RCW 70A.390.901
Short title.
This act may be known as the Radioactive Waste Storage and Transportation Act of 1980.
[ 1981 c 1 § 9 (Initiative Measure No. 383, approved November 4, 1980). Formerly RCW 70.99.910.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.400 - Firefighting Agents and Equipment—Toxic Chemical Use. › 70A.400.005 - Definitions.

RCW 70A.400.005
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Chemical plant" has the same meaning as in WAC 296-24-33001, as that section existed as of January 1, 2018.
(2) "Class B firefighting foam" means foams designed for flammable liquid fires.
(3) "Department" means the department of ecology.
(4) "Firefighting personal protective equipment" means any clothing designed, intended, or marketed to be worn by firefighting personnel in the performance of their duties, designed with the intent for the use in fire and rescue activities, including jackets, pants, shoes, gloves, helmets, and respiratory equipment.
(5) "Local governments" includes any county, city, town, fire district, regional fire protection authority, or other special purpose district that provides firefighting services.
(6) "Manufacturer" includes any person, firm, association, partnership, corporation, organization, joint venture, importer, or domestic distributor of firefighting agents or firefighting equipment. For the purposes of this subsection, "importer" means the owner of the product.
(7) "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS chemicals" means, for the purposes of firefighting agents and firefighting equipment, a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
[ 2018 c 286 § 1. Formerly RCW 70.75A.005.]
NOTES:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.400 - Firefighting Agents and Equipment—Toxic Chemical Use. › 70A.400.010 - Discharge or use for training purposes of certain class B firefighting foam prohibited.

RCW 70A.400.010
Discharge or use for training purposes of certain class B firefighting foam prohibited.
Beginning July 1, 2018, a person, local government, or state agency may not discharge or otherwise use for training purposes class B firefighting foam that contains intentionally added PFAS chemicals.
[ 2018 c 286 § 2. Formerly RCW 70.75A.010.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.400 - Firefighting Agents and Equipment—Toxic Chemical Use. › 70A.400.030 - Sale of firefighting personal protective equipment containing PFAS chemicals—Written notice to purchaser required—Retention.

RCW 70A.400.030
Sale of firefighting personal protective equipment containing PFAS chemicals—Written notice to purchaser required—Retention.
(1) Beginning July 1, 2018, a manufacturer or other person that sells firefighting personal protective equipment to any person, local government, or state agency must provide written notice to the purchaser at the time of sale if the firefighting personal protective equipment contains PFAS chemicals. The written notice must include a statement that the firefighting personal protective equipment contains PFAS chemicals and the reason PFAS chemicals are added to the equipment.
(2) The manufacturer or person selling firefighting personal protective equipment and the purchaser of the equipment must retain the notice on file for at least three years from the date of the transaction. Upon the request of the department, a person, manufacturer, or purchaser must furnish the notice, or written copies, and associated sales documentation to the department within sixty days.
[ 2018 c 286 § 4. Formerly RCW 70.75A.030.]