reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.2570 - Dissolution of authority—Deactivation of authority.

RCW 70A.15.2570
Dissolution of authority—Deactivation of authority.
An air pollution control authority may be deactivated prior to the term provided in the original or subsequent agreement by the county or counties comprising such authority upon the adoption by the board, following a hearing held upon ten days notice, to said counties, of a resolution for dissolution or deactivation and upon the approval by the legislative authority of each county comprising the authority. In such event, the board shall proceed to wind up the affairs of the authority and pay all indebtedness thereof. Any surplus of funds shall be paid over to the counties comprising the authority in proportion to their last contribution. Upon the completion of the process of closing the affairs of the authority, the board shall by resolution entered in its minutes declare the authority deactivated and a certified copy of such resolution shall be filed with the secretary of state and the authority shall be deemed inactive.
[ 1979 ex.s. c 30 § 12; 1969 ex.s. c 168 § 31; 1967 c 238 § 43; 1957 c 232 § 26. Formerly RCW 70.94.260.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.2580 - Withdrawal from multicounty authority.

RCW 70A.15.2580
Withdrawal from multicounty authority.
(1) Any county that is part of a multicounty authority, pursuant to RCW 70A.15.1500, may withdraw from the multicounty authority after January 1, 1992, if the county wishes to provide for air quality protection and regulation by an alternate air quality authority. A withdrawing county shall:
(a) Create its own single county authority;
(b) Join another existing multicounty authority with which its boundaries are contiguous;
(c) Join with one or more contiguous inactive authorities to operate as a new multicounty authority; or
(d) Become an inactive authority and subject to regulation by the department of ecology.
(2) In order to withdraw from an existing multicounty authority, a county shall make arrangements, by interlocal agreement, for division of assets and liabilities and the appropriate release of any and all interest in assets of the multicounty authority.
(3) In order to effectuate any of the alternate arrangements in subsection (1) of this section, the procedures of this chapter to create an air pollution control authority shall be met and the actions must be taken at least six months prior to the effective date of withdrawal. The rules of the original multicounty authority shall continue in force for the withdrawing county until such time as all conditions to create an air pollution control authority have been met.
(4) At the effective date of a county's withdrawal, the remaining counties shall reorganize and reconstitute the legislative authority pursuant to this chapter. The air pollution control regulations of the existing multicounty authority shall remain in force and effect after the reorganization.
(5) If a county elects to withdraw from an existing multicounty authority, the air pollution control regulations shall remain in effect for the withdrawing county until suspended by the adoption of rules, regulations, or ordinances adopted under one of the alternatives of subsection (1) of this section. A county shall initiate proceedings to adopt such rules, regulations, or ordinances on or before the effective date of the county's withdrawal.
[ 2020 c 20 § 1101; 1991 c 125 § 2. Formerly RCW 70.94.262.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.2590 - Certain generators fueled by biogas produced by an anaerobic digester—Extended compliance period for permit provisions related to the emissions limit for sulfur—Technical assistance.

RCW 70A.15.2590
Certain generators fueled by biogas produced by an anaerobic digester—Extended compliance period for permit provisions related to the emissions limit for sulfur—Technical assistance.
(1) A generator operating at an electric generating project with an installed generator capacity of at least seven hundred fifty kilowatts but not exceeding one thousand kilowatts, that is in operation on June 7, 2012, and began operating after 2008, and that is located on agricultural lands of long-term commercial significance pursuant to chapter 36.70A RCW, is granted an extended compliance period for permit provisions related to the emissions limit for sulfur established by the department or a local air authority until December 31, 2016, if it is fueled by biogas that is produced by an anaerobic digester that qualifies for the solid waste permitting exemption specified in RCW 70A.205.290.
(2) A generator that meets the requirements in subsection (1) of this section may not be located in a federally designated nonattainment or maintenance area.
(3) Upon request, the department or a local air authority must provide technical assistance to a generator meeting the requirements in subsection (1) of this section to assist the generator in reducing its emissions in order to meet the requirements in this chapter.
(4) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Anaerobic digester" means a vessel that processes organic material into biogas and digestate using microorganisms in a decomposition process within a closed, oxygen-free container.
(b) "Generator" means an internal combustion engine that converts biogas into electricity, and includes any backup combustion device to burn biogas when an engine is idled for maintenance.
[ 2020 c 20 § 1102; 2012 c 238 § 1. Formerly RCW 70.94.302.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.3010 - Enforcement actions by department—Notice to violators.

RCW 70A.15.3010
Enforcement actions by department—Notice to violators.
At least thirty days prior to the commencement of any formal enforcement action under RCW 70A.15.3150 and 70A.15.3160, the department of ecology shall cause written notice to be served upon the alleged violator or violators. The notice shall specify the provision of this chapter or the rule or regulation alleged to be violated, and the facts alleged to constitute a violation thereof, and may include an order that necessary corrective action be taken within a reasonable time. In lieu of an order, the department may require that the alleged violator or violators appear before it for the purpose of providing the department information pertaining to the violation or the charges complained of. Every notice of violation shall offer to the alleged violator an opportunity to meet with the department prior to the commencement of enforcement action.
[ 2020 c 20 § 1104; 1991 c 199 § 711; 1987 c 109 § 18; 1967 c 238 § 47. Formerly RCW 70.94.332.]
NOTES:
Finding—1991 c 199: See note following RCW 70A.15.1005.
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.3020 - Hazardous substance remedial actions—Procedural requirements not applicable.

RCW 70A.15.3020
Hazardous substance remedial actions—Procedural requirements not applicable.
The procedural requirements of this chapter shall not apply to any person conducting a remedial action at a facility pursuant to a consent decree, order, or agreed order issued pursuant to chapter 70A.305 RCW, or to the department of ecology when it conducts a remedial action under chapter 70A.305 RCW. The department of ecology shall ensure compliance with the substantive requirements of this chapter through the consent decree, order, or agreed order issued pursuant to chapter 70A.305 RCW, or during the department-conducted remedial action, through the procedures developed by the department pursuant to RCW 70A.305.090.
[ 2020 c 20 § 1105; 1994 c 257 § 15. Formerly RCW 70.94.335.]
NOTES:
Severability—1994 c 257: See note following RCW 36.70A.270.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.3030 - Contracts, agreements for use of personnel by department—Reimbursement—Merit system regulations waived.

RCW 70A.15.3030
Contracts, agreements for use of personnel by department—Reimbursement—Merit system regulations waived.
The department is authorized to contract for or otherwise agree to the use of personnel of municipal corporations or other agencies or private persons; and the department is further authorized to reimburse such municipal corporations or agencies for the employment of such personnel. Merit system regulations or standards for the employment of personnel may be waived for personnel hired under contract as provided for in this section. The department shall provide, within available appropriations, for the scientific, technical, legal, administrative, and other necessary services and facilities for performing the functions under this chapter.
[ 1987 c 109 § 40; 1979 c 141 § 122; 1967 c 238 § 45; 1961 c 188 § 6. Formerly RCW 70.94.350.]
NOTES:
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.3040 - Powers and rights of governmental units and persons are not limited by act or recommendations.

RCW 70A.15.3040
Powers and rights of governmental units and persons are not limited by act or recommendations.
No provision of this chapter or any recommendation of the state board or of any local or regional air pollution program is a limitation:
(1) On the power of any city, town or county to declare, prohibit and abate nuisances.
(2) On the power of the secretary of social and health services to provide for the protection of the public health under any authority presently vested in that office or which may be hereafter prescribed by law.
(3) On the power of a state agency in the enforcement, or administration of any provision of law which it is specifically permitted or required to enforce or administer.
(4) On the right of any person to maintain at any time any appropriate action for relief against any air pollution.
[ 1979 c 141 § 123; 1967 c 238 § 59; 1961 c 188 § 8. Formerly RCW 70.94.370.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.3050 - Emission control requirements.

RCW 70A.15.3050
Emission control requirements.
(1) Every activated authority operating an air pollution control program shall have requirements for the control of emissions which are no less stringent than those adopted by the department of ecology for the geographic area in which such air pollution control program is located. Less stringent requirements than compelled by this section may be included in a local or regional air pollution control program only after approval by the department of ecology following demonstration to the satisfaction of the department of ecology that the proposed requirements are consistent with the purposes of this chapter: PROVIDED, That such approval shall be preceded by public hearing, of which notice has been given in accordance with chapter 42.30 RCW. The department of ecology, upon receiving evidence that conditions have changed or that additional information is relevant to a decision with respect to the requirements for emission control, may, after public hearing on due notice, withdraw any approval previously given to a less stringent local or regional requirement.
[(2)] Nothing in this chapter shall be construed to prevent a local or regional air pollution control authority from adopting and enforcing more stringent emission control requirements than those adopted by the department of ecology and applicable within the jurisdiction of the local or regional air pollution control authority, except that the emission performance standards for new woodstoves and the opacity levels for residential solid fuel burning devices shall be statewide.
[ 1987 c 405 § 14; 1979 ex.s. c 30 § 13; 1969 ex.s. c 168 § 36; 1967 c 238 § 50. Formerly RCW 70.94.380.]
NOTES:
Severability—1987 c 405: See note following RCW 70A.15.3500.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.3060 - State financial aid—Application for—Requirements.

RCW 70A.15.3060
State financial aid—Application for—Requirements.
(1) Any authority may apply to the department for state financial aid. The department shall annually establish the amount of state funds available for the local authorities taking into consideration available federal and state funds. The establishment of funding amounts shall be consistent with federal requirements and local maintenance of effort necessary to carry out the provisions of this chapter. Any such aid shall be expended from the general fund or from other appropriations as the legislature may provide for this purpose: PROVIDED, That federal funds shall be utilized to the maximum unless otherwise approved by the department: PROVIDED FURTHER, That the amount of state funds provided to local authorities during the previous year shall not be reduced without a public notice or public hearing held by the department if requested by the affected local authority, unless such changes are the direct result of a reduction in the available federal funds for air pollution control programs.
(2) Before any such application is approved and financial aid is given or approved by the department, the authority shall demonstrate to the satisfaction of the department that it is fulfilling the requirements of this chapter. If the department has not adopted ambient air quality standards and objectives as permitted by RCW 70A.15.3000, the authority shall demonstrate to the satisfaction of the department that it is acting in good faith and doing all that is possible and reasonable to control and prevent air pollution within its jurisdictional boundaries and to carry out the purposes of this chapter.
(3) The department shall adopt rules requiring the submission of such information by each authority including the submission of its proposed budget and a description of its program in support of the application for state financial aid as necessary to enable the department to determine the need for state aid.
[ 2020 c 20 § 1106; 1991 c 199 § 712; 1987 c 109 § 41; 1969 ex.s. c 168 § 37; 1967 c 238 § 51. Formerly RCW 70.94.385.]
NOTES:
Finding—1991 c 199: See note following RCW 70A.15.1005.
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.3080 - Air contaminant sources—Regulation by department; authorities may be more stringent—Hearing—Standards.

RCW 70A.15.3080
Air contaminant sources—Regulation by department; authorities may be more stringent—Hearing—Standards.
If the department finds, after public hearing upon due notice to all interested parties, that the emissions from a particular type or class of air contaminant source should be regulated on a statewide basis in the public interest and for the protection of the welfare of the citizens of the state, it may adopt and enforce rules to control and/or prevent the emission of air contaminants from such source. An authority may, after public hearing and a finding by the board of a need for more stringent rules than those adopted by the department under this section, propose the adoption of such rules by the department for the control of emissions from the particular type or class of air contaminant source within the geographical area of the authority. The department shall hold a public hearing and shall adopt the proposed rules within the area of the requesting authority, unless it finds that the proposed rules are inconsistent with the rules adopted by the department under this section. When such standards are adopted by the department it shall delegate solely to the requesting authority all powers necessary for their enforcement at the request of the authority. If after public hearing the department finds that the regulation on a statewide basis of a particular type or class of air contaminant source is no longer required for the public interest and the protection of the welfare of the citizens of the state, the department may relinquish exclusive jurisdiction over such source.
[ 1991 c 199 § 713; 1987 c 109 § 43; 1969 ex.s. c 168 § 39; 1967 c 238 § 53. Formerly RCW 70.94.395.]
NOTES:
Finding—1991 c 199: See note following RCW 70A.15.1005.
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.3090 - Order activating authority—Filing—Hearing—Amendment of order.

RCW 70A.15.3090
Order activating authority—Filing—Hearing—Amendment of order.
If, at the end of ninety days after the department issues a report as provided for in RCW 70A.15.3070, to appropriate county or counties recommending the activation of an authority such county or counties have not performed those actions recommended by the department, and the department is still of the opinion that the activation of an authority is necessary for the prevention, abatement and control of air pollution which exists or is likely to exist, then the department may, at its discretion, issue an order activating an authority. Such order, a certified copy of which shall be filed with the secretary of state, shall specify the participating county or counties and the effective date by which the authority shall begin to function and exercise its powers. Any authority activated by order of the department shall choose the members of its board as provided in RCW 70A.15.2000 and begin to function in the same manner as if it had been activated by resolutions of the county or counties included within its boundaries. The department may, upon due notice to all interested parties, conduct a hearing in accordance with chapter 42.30 RCW and chapter 34.05 RCW within six months after the order was issued to review such order and to ascertain if such order is being carried out in good faith. At such time the department may amend any such order issued if it is determined by the department that such order is being carried out in bad faith or the department may take the appropriate action as is provided in RCW 70A.15.3110.
[ 2020 c 20 § 1108; 1987 c 109 § 44; 1969 ex.s. c 168 § 40; 1967 c 238 § 54. Formerly RCW 70.94.400.]
NOTES:
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.3100 - Air pollution control authority—Review by department of program.

RCW 70A.15.3100
Air pollution control authority—Review by department of program.
At any time after an authority has been activated for no less than one year, the department may, on its own motion, conduct a hearing held in accordance with chapters 42.30 and 34.05 RCW, to determine whether or not the air pollution prevention and control program of such authority is being carried out in good faith and is as effective as possible. If at such hearing the department finds that such authority is not carrying out its air pollution control or prevention program in good faith, is not doing all that is possible and reasonable to control and/or prevent air pollution within the geographical area over which it has jurisdiction, or is not carrying out the provisions of this chapter, it shall set forth in a report or order to the appropriate authority: (1) Its recommendations as to how air pollution prevention and/or control might be more effectively accomplished; and (2) guidelines which will assist the authority in carrying out the recommendations of the department.
[ 1991 c 199 § 714; 1987 c 109 § 45; 1969 ex.s. c 168 § 41; 1967 c 238 § 55. Formerly RCW 70.94.405.]
NOTES:
Finding—1991 c 199: See note following RCW 70A.15.1005.
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.3110 - Air pollution control authority—Assumption of control by department.

RCW 70A.15.3110
Air pollution control authority—Assumption of control by department.
(1) If, after thirty days from the time that the department issues a report or order to an authority under RCW 70A.15.3090 and 70A.15.3100, such authority has not taken action which indicates that it is attempting in good faith to implement the recommendations or actions of the department as set forth in the report or order, the department may, by order, declare as null and void any or all ordinances, resolutions, rules or regulations of such authority relating to the control and/or prevention of air pollution, and at such time the department shall become the sole body with authority to make and enforce rules and regulations for the control and/or prevention of air pollution within the geographical area of such authority. If this occurs, the department may assume all those powers which are given to it by law to effectuate the purposes of this chapter. The department may, by order, continue in effect and enforce provisions of the ordinances, resolutions, or rules of such authority which are not less stringent than those requirements which the department may have found applicable to the area under RCW 70A.15.3000, until such time as the department adopts its own rules. Any rules promulgated by the department shall be subject to the provisions of chapter 34.05 RCW. Any enforcement actions shall be subject to RCW 43.21B.300 or 43.21B.310.
(2) No provision of this chapter is intended to prohibit any authority from reestablishing its air pollution control program which meets with the approval of the department and which complies with the purposes of this chapter and with applicable rules and orders of the department.
(3) Nothing in this chapter shall prevent the department from withdrawing the exercise of its jurisdiction over an authority upon its own motion if the department has found at a hearing held in accordance with chapters 42.30 and 34.05 RCW, that the air pollution prevention and control program of such authority will be carried out in good faith, that such program will do all that is possible and reasonable to control and/or prevent air pollution within the geographical area over which it has jurisdiction, and that the program complies with the provisions of this chapter. Upon the withdrawal of the department, the department shall prescribe certain recommendations as to how air pollution prevention and/or control is to be effectively accomplished and guidelines which will assist the authority in carrying out the recommendations of the department.
[ 2020 c 20 § 1109; 1991 c 199 § 715; 1987 c 109 § 46; 1969 ex.s. c 168 § 42; 1967 c 238 § 56. Formerly RCW 70.94.410.]
NOTES:
Finding—1991 c 199: See note following RCW 70A.15.1005.
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.3120 - State departments and agencies to cooperate with department and authorities.

RCW 70A.15.3120
State departments and agencies to cooperate with department and authorities.
It is declared to be the intent of the legislature of the state of Washington that any state department or agency having jurisdiction over any building, installation, other property, or other activity creating or likely to create significant air pollution shall cooperate with the department and with air pollution control agencies in preventing and/or controlling the pollution of the air in any area insofar as the discharge of air contaminants from or by such building, installation, other property, or activity may cause or contribute to pollution of the air in such area. Such state department or agency shall comply with the provisions of this chapter and with any ordinance, resolution, rule or regulation issued hereunder in the same manner as any other person subject to such laws or rules.
[ 1991 c 199 § 716; 1987 c 109 § 47; 1969 ex.s. c 168 § 44; 1967 c 238 § 58. Formerly RCW 70.94.420.]
NOTES:
Finding—1991 c 199: See note following RCW 70A.15.1005.
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.3130 - Department of health powers regarding radionuclides—Energy facility site evaluation council authority over permit program sources.

RCW 70A.15.3130
Department of health powers regarding radionuclides—Energy facility site evaluation council authority over permit program sources.
(1) The department of health shall have all the enforcement powers as provided in RCW 70A.15.3010, 70A.15.3140, 70A.15.3150, 70A.15.3160 (1) through (7), and 70A.15.3170 with respect to emissions of radionuclides. This section does not preclude the department of ecology from exercising its authority under this chapter.
(2) Permits for energy facilities subject to chapter 80.50 RCW shall be issued by the energy facility site evaluation council. However, the permits become effective only if the governor approves an application for certification and executes a certification agreement under chapter 80.50 RCW. The council shall have all powers necessary to administer an operating permits program pertaining to such facilities, consistent with applicable air quality standards established by the department or local air pollution control authorities, or both, and to obtain the approval of the United States environmental protection agency. The council's powers include, but are not limited to, all of the enforcement powers provided in RCW 70A.15.3010, 70A.15.3140, 70A.15.3150, 70A.15.3160 (1) through (7), and 70A.15.3170 with respect to permit program sources required to obtain certification from the council under chapter 80.50 RCW. To the extent not covered under RCW 80.50.071, the council may collect fees as granted to delegated local air authorities under RCW 70A.15.2210, 70A.15.2260 (14) and (15), 70A.15.2270, and 70A.15.2230(7) with respect to permit program sources required to obtain certification from the council under chapter 80.50 RCW. The council and the department shall each establish procedures that provide maximum coordination and avoid duplication between the two agencies in carrying out the requirements of this chapter.
[ 2020 c 20 § 1110; 1993 c 252 § 7. Formerly RCW 70.94.422.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.3140 - Restraining orders—Injunctions.

RCW 70A.15.3140
Restraining orders—Injunctions.
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 governing body or board or the department, after notice to such person and an opportunity to comply, may petition the superior court of the county wherein the violation is alleged to be occurring or to have occurred for a restraining order or a temporary or permanent injunction or another appropriate order.
[ 1987 c 109 § 48; 1967 c 238 § 60. Formerly RCW 70.94.425.]
NOTES:
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.3150 - Penalties.

RCW 70A.15.3150
Penalties.
(1) Any person who knowingly violates any of the provisions of this chapter, chapter 70A.25, 70A.60, or 70A.535 RCW, or any ordinance, resolution, or regulation in force pursuant thereto is guilty of a gross misdemeanor and upon conviction thereof shall be punished by a fine of not more than ten thousand dollars, or by imprisonment in the county jail for up to three hundred sixty-four days, or by both for each separate violation.
(2) Any person who negligently releases into the ambient air any substance listed by the department of ecology as a hazardous air pollutant, other than in compliance with the terms of an applicable permit or emission limit, and who at the time negligently places another person in imminent danger of death or substantial bodily harm is guilty of a gross misdemeanor and shall, upon conviction, be punished by a fine of not more than ten thousand dollars, or by imprisonment for up to three hundred sixty-four days, or both.
(3) Any person who knowingly releases into the ambient air any substance listed by the department of ecology as a hazardous air pollutant, other than in compliance with the terms of an applicable permit or emission limit, and who knows at the time that he or she thereby places another person in imminent danger of death or substantial bodily harm, is guilty of a class C felony and shall, upon conviction, be punished by a fine of not less than fifty thousand dollars, or by imprisonment for not more than five years, or both.
(4) Any person who knowingly fails to disclose a potential conflict of interest under RCW 70A.15.2000 is guilty of a gross misdemeanor, and upon conviction thereof shall be punished by a fine of not more than five thousand dollars.
[ 2023 c 470 § 1017. Prior: 2021 c 317 § 24; 2021 c 315 § 15; 2020 c 20 § 1111; 2019 c 284 § 4; 2011 c 96 § 49; 2003 c 53 § 355; 1991 c 199 § 310; 1984 c 255 § 1; 1973 1st ex.s. c 176 § 1; 1967 c 238 § 61. Formerly RCW 70.94.430.]
NOTES:
Explanatory statement—2023 c 470: See note following RCW 10.99.030.
Severability—2021 c 317: See note following RCW 70A.535.005.
Finding—Intent—2019 c 284: See note following RCW 70A.60.060.
Findings—Intent—2011 c 96: See note following RCW 9A.20.021.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Finding—1991 c 199: See note following RCW 70A.15.1005.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.3170 - Additional means for enforcement of chapter.

RCW 70A.15.3170
Additional means for enforcement of chapter.
As an additional means of enforcing this chapter, the governing body or board may accept an assurance of discontinuance of any act or practice deemed in violation of this chapter or of any ordinance, resolution, rule or regulation adopted pursuant hereto, from any person engaging in, or who has engaged in, such act or practice. Any such assurance shall specify a time limit during which such discontinuance is to be accomplished. Failure to perform the terms of any such assurance shall constitute prima facie proof of a violation of this chapter or the ordinances, resolutions, rules or regulations, or order issued pursuant thereto, which make the alleged act or practice unlawful for the purpose of securing any injunction or other relief from the superior court as provided in RCW 70A.15.3140.
[ 2020 c 20 § 1113; 1967 c 238 § 62. Formerly RCW 70.94.435.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.3180 - Short title.

RCW 70A.15.3180
Short title.
This chapter may be known and cited as the "Washington Clean Air Act".
[ 1967 c 238 § 63. Formerly RCW 70.94.440.]
NOTES:
Short title—1991 c 199: "This chapter shall be known and may be cited as the clean air Washington act." [ 1991 c 199 § 721.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.3500 - Woodstoves—Policy.

RCW 70A.15.3500
Woodstoves—Policy.
In the interest of the public health and welfare and in keeping with the objectives of RCW 70A.15.1005, the legislature declares it to be the public policy of the state to control, reduce, and prevent air pollution caused by woodstove emissions. It is the state's policy to reduce woodstove emissions by encouraging the department of ecology to continue efforts to educate the public about the effects of woodstove emissions, other heating alternatives, and the desirability of achieving better emission performance and heating efficiency from woodstoves. The legislature further declares that: (1) The purchase of certified woodstoves will not solve the problem of pollution caused by woodstove emissions; and (2) the reduction of air pollution caused by woodstove emissions will only occur when woodstove users adopt proper methods of wood burning.
[ 2020 c 20 § 1114; 1987 c 405 § 1. Formerly RCW 70.94.450.]
NOTES:
Severability—1987 c 405: "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." [ 1987 c 405 § 18.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.3510 - Woodstoves—Definitions.

RCW 70A.15.3510
Woodstoves—Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 70A.15.3510 through 70A.15.3620:
(1) "Authority" means any air pollution control agency whose jurisdictional boundaries are coextensive with the boundaries of one or more counties.
(2) "Department" means the department of ecology.
(3) "Fireplace" means: (a) Any permanently installed masonry fireplace; or (b) any factory-built metal solid fuel burning device designed to be used with an open combustion chamber and without features to control the air to fuel ratio.
(4) "New woodstove" means: (a) A woodstove that is sold at retail, bargained, exchanged, or given away for the first time by the manufacturer, the manufacturer's dealer or agency, or a retailer; and (b) has not been so used to have become what is commonly known as "secondhand" within the ordinary meaning of that term.
(5) "Opacity" means the degree to which an object seen through a plume is obscured, stated as a percentage. The methods approved by the department in accordance with RCW 70A.15.3000 shall be used to establish opacity for the purposes of this chapter.
(6) "Solid fuel burning device" means any device for burning wood, coal, or any other nongaseous and nonliquid fuel, including a woodstove and fireplace.
(7) "Woodstove" means a solid fuel burning device other than a fireplace not meeting the requirements of RCW 70A.15.3530, including any fireplace insert, woodstove, wood burning heater, wood stick boiler, coal-fired furnace, coal stove, or similar device burning any solid fuel used for aesthetic or space-heating purposes in a private residence or commercial establishment, which has a heat input less than one million British thermal units per hour. The term "woodstove" does not include wood cook stoves.
[ 2020 c 20 § 1115; 1987 c 405 § 2. Formerly RCW 70.94.453.]
NOTES:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Severability—1987 c 405: See note following RCW 70A.15.3500.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.3520 - Residential and commercial construction—Burning and heating device standards.

RCW 70A.15.3520
Residential and commercial construction—Burning and heating device standards.
After January 1, 1992, no used solid fuel burning device shall be installed in new or existing buildings unless such device is either Oregon department of environmental quality phase II or United States environmental protection agency certified or a pellet stove either certified or exempt from certification by the United States environmental protection agency.
(1) By July 1, 1992, the state building code council shall adopt rules requiring an adequate source of heat other than woodstoves in all new and substantially remodeled residential and commercial construction. This rule shall apply (a) to areas designated by a county to be an urban growth area under chapter 36.70A RCW; and (b) to areas designated by the environmental protection agency as being in nonattainment for particulate matter.
(2) For purposes of this section, "substantially remodeled" means any alteration or restoration of a building exceeding sixty percent of the appraised value of such building within a twelve-month period.
[ 1991 c 199 § 503. Formerly RCW 70.94.455.]
NOTES:
Finding—1991 c 199: See note following RCW 70A.15.1005.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.3540 - Sale of unapproved woodstoves—Prohibited.

RCW 70A.15.3540
Sale of unapproved woodstoves—Prohibited.
After July 1, 1988, no person shall sell, offer to sell, or knowingly advertise to sell a new woodstove in this state to a resident of this state unless the woodstove has been approved by the department under the program established under RCW 70A.15.3530.
[ 2020 c 20 § 1116; 1995 c 205 § 4; 1987 c 405 § 7. Formerly RCW 70.94.460.]
NOTES:
Severability—1987 c 405: See note following RCW 70A.15.3500.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.3550 - Sale of unapproved woodstoves—Penalty.

RCW 70A.15.3550
Sale of unapproved woodstoves—Penalty.
After July 1, 1988, any person who sells, offers to sell, or knowingly advertises to sell a new woodstove in this state in violation of RCW 70A.15.3540 shall be subject to the penalties and enforcement actions under this chapter.
[ 2020 c 20 § 1117; 1987 c 405 § 8. Formerly RCW 70.94.463.]
NOTES:
Severability—1987 c 405: See note following RCW 70A.15.3500.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.3560 - Sale of unapproved woodstoves—Application of law to advertising media.

RCW 70A.15.3560
Sale of unapproved woodstoves—Application of law to advertising media.
Nothing in RCW 70A.15.3540 or 70A.15.3550 shall apply to a radio station, television station, publisher, printer, or distributor of a newspaper, magazine, billboard, or other advertising medium that accepts advertising in good faith and without knowledge of its violation of RCW 70A.15.3510 through 70A.15.3620.
[ 2020 c 20 § 1118; 1987 c 405 § 12. Formerly RCW 70.94.467.]
NOTES:
Severability—1987 c 405: See note following RCW 70A.15.3500.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.3570 - Residential solid fuel burning devices—Opacity levels—Enforcement and public education.

RCW 70A.15.3570
Residential solid fuel burning devices—Opacity levels—Enforcement and public education.
(1) The department shall establish, by rule under chapter 34.05 RCW, (a) a statewide opacity level of twenty percent for residential solid fuel burning devices for the purpose of enforcement on a complaint basis and (b) a statewide opacity of ten percent for purposes of public education.
(2) Notwithstanding any other provision of this chapter which may allow an authority to adopt a more stringent opacity level, no authority shall adopt or enforce an opacity level for solid fuel burning devices other than established in this section.
(3) Actions of the department and local air pollution control authorities under this section shall preempt actions of other state agencies and local governments for the purposes of controlling air pollution from solid fuel burning devices, except where authorized by chapter 199, Laws of 1991.
[ 1991 c 199 § 502; 1987 c 405 § 5. Formerly RCW 70.94.470.]
NOTES:
Finding—1991 c 199: See note following RCW 70A.15.1005.
Severability—1987 c 405: See note following RCW 70A.15.3500.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.3590 - Liability of condominium owners' association or resident association.

RCW 70A.15.3590
Liability of condominium owners' association or resident association.
A condominium owners' association or an association formed by residents of a multiple-family dwelling are not liable for violations of RCW 70A.15.3580 by a resident of a condominium or multiple-family dwelling. The associations shall cooperate with local air pollution control authorities to acquaint residents with the provisions of this section.
[ 2020 c 20 § 1120; 1990 c 157 § 2. Formerly RCW 70.94.475.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.3610 - Woodstove education program.

RCW 70A.15.3610
Woodstove education program.
(1) The department of ecology shall establish a program to educate woodstove dealers and the public about:
(a) The effects of woodstove emissions on health and air quality;
(b) Methods of achieving better efficiency and emission performance from woodstoves;
(c) Woodstoves that have been approved by the department;
(d) The benefits of replacing inefficient woodstoves with stoves approved under RCW 70A.15.3530.
(2) Persons selling new woodstoves shall distribute and verbally explain educational materials describing when a stove can and cannot be legally used to customers purchasing new woodstoves.
[ 2020 c 20 § 1122; 1990 c 128 § 6; 1987 c 405 § 3. Formerly RCW 70.94.480.]
NOTES:
Severability—1987 c 405: See note following RCW 70A.15.3500.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.3620 - Woodstove education and enforcement account created—Fee imposed on solid fuel burning device sales.

RCW 70A.15.3620
Woodstove education and enforcement account created—Fee imposed on solid fuel burning device sales.
(1) The woodstove education and enforcement account is hereby created in the state treasury. Money placed in the account shall include all money received under subsection (2) of this section and any other money appropriated by the legislature. Money in the account shall be spent for the purposes of the woodstove education program established under RCW 70A.15.3610 and for enforcement of the woodstove program, and shall be subject to legislative appropriation. However, during the 2003-05 fiscal biennium, the legislature may transfer from the woodstove education and enforcement account to the air pollution control account such amounts as specified in the omnibus operating budget bill.
(2) The department of ecology, with the advice of the advisory committee, shall set a flat fee of thirty dollars, on the retail sale, as defined in RCW 82.04.050, of each solid fuel burning device after January 1, 1992. The fee shall be imposed upon the consumer and shall not be subject to the retail sales tax provisions of chapters 82.08 and 82.12 RCW. The fee may be adjusted annually above thirty dollars to account for inflation as determined by the state office of the economic and revenue forecast council. The fee shall be collected by the department of revenue in conjunction with the retail sales tax under chapter 82.08 RCW. If the seller fails to collect the fee herein imposed or fails to remit the fee to the department of revenue in the manner prescribed in chapter 82.08 RCW, the seller shall be personally liable to the state for the amount of the fee. The collection provisions of chapter 82.32 RCW shall apply. The department of revenue shall deposit fees collected under this section in the woodstove education and enforcement account.
[ 2020 c 20 § 1123; 2003 1st sp.s. c 25 § 932; 1991 sp.s. c 13 §§ 64, 65; 1991 c 199 § 505; 1990 c 128 § 5; 1987 c 405 § 10. Formerly RCW 70.94.483.]
NOTES:
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
Effective dates—Severability—1991 sp.s. c 13: See notes following RCW 18.08.240.
Finding—1991 c 199: See note following RCW 70A.15.1005.
Severability—1987 c 405: See note following RCW 70A.15.3500.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.3630 - Woodsmoke emissions—Findings.

RCW 70A.15.3630
Woodsmoke emissions—Findings.
The legislature finds that there are some communities in the state in which the national ambient air quality standards for PM 2.5 are exceeded, primarily due to woodsmoke emissions, and that current strategies are not sufficient to reduce woodsmoke emissions to levels that comply with the federal standards or adequately protect public health. The legislature finds that it is in the state's interest and to the benefit of the people of the state to evaluate additional measures to reduce woodsmoke emissions and update the state woodsmoke control program.
[ 2007 c 339 § 2. Formerly RCW 70.94.488.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.4070 - Transportation demand management—Technical assistance.

RCW 70A.15.4070
Transportation demand management—Technical assistance.
(1) The department of transportation shall provide staff support to the commute trip reduction board in carrying out the requirements of RCW 70A.15.4060.
(2) The department of transportation shall provide technical assistance to regional transportation planning organizations, counties, cities, towns, state agencies, as defined in RCW 40.06.010, and other employers in developing and implementing commute trip reduction plans and programs. The technical assistance shall include: (a) Guidance in single measurement methodology and practice to be used in determining progress in attaining plan goals; (b) developing model plans and programs appropriate to different situations; and (c) providing consistent training and informational materials for the implementation of commute trip reduction programs. Model plans and programs, training, and informational materials shall be developed in cooperation with representatives of regional transportation planning organizations, local governments, transit agencies, and employers.
(3) In carrying out this section the department of transportation may contract with statewide associations representing cities, towns, and counties to assist cities, towns, and counties in implementing commute trip reduction plans and programs.
[ 2020 c 20 § 1129; 2009 c 427 § 1; 2006 c 329 § 8; 1996 c 186 § 515; 1991 c 202 § 16. Formerly RCW 70.94.541.]
NOTES:
Findings—Intent—Part headings not law—Effective date—1996 c 186: See notes following RCW 43.330.904.
Captions not law—Effective date—Severability—1991 c 202:See notes following RCW 47.50.010.