reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.325 - Underground Petroleum Storage Tanks. › 70A.325.020 - Pollution liability insurance program trust account.

RCW 70A.325.020
Pollution liability insurance program trust account. (Expires July 1, 2030.)
(1) The pollution liability insurance program trust account is established in the custody of the state treasurer.
(a) The following moneys must be deposited in the account:
(i) All moneys specified in RCW 82.23A.020 for deposit into the account;
(ii) All moneys appropriated to carry out the purposes of this chapter and all premiums collected for reinsurance under this chapter; and
(iii) All moneys specified in RCW 70A.545.080.
(b) Except as provided in chapter 70A.345 RCW, expenditures from the account must be used exclusively for:
(i) The purposes of this chapter, including payment of costs of administering the pollution liability insurance program and emergency program; and
(ii) The purposes of chapter 70A.545 RCW, including, but not limited to, establishing and administering the state financial assurance program for petroleum underground storage tanks authorized by chapter 70A.545 RCW.
(c) Expenditures for payment of administrative and operating costs of the agency are subject to the allotment procedures under chapter 43.88 RCW and may be made only after appropriation by statute. No appropriation is required for other expenditures from the account.
(2) Each calendar quarter, the director shall report to the insurance commissioner the loss and surplus reserves required for the calendar quarter. The director shall notify the department of revenue of this amount by the 15th day of each calendar quarter.
[ 2023 c 170 § 18. Prior: 2020 c 156 § 4; 2020 c 20 § 1383; 2019 c 413 § 7034; prior: 2016 sp.s. c 35 § 6013; 2016 c 161 § 15; 2013 2nd sp.s. c 4 § 993; 2012 1st sp.s. c 3 § 1; 2006 c 276 § 1; 2005 c 518 § 942; 1999 c 73 § 1; 1998 c 245 § 114; 1991 sp.s. c 13 § 90; 1991 c 4 § 7; 1990 c 64 § 3; 1989 c 383 § 3. Formerly RCW 70.148.020.]
NOTES:
Effective date—2019 c 413: See note following RCW 28B.15.210.
Effective date—2016 sp.s. c 35: See note following RCW 28B.10.027.
Effective dates—2013 2nd sp.s. c 4: See note following RCW 2.68.020.
Effective date—2005 c 518: See note following RCW 28A.600.110.
Effective dates—Severability—1991 sp.s. c 13: See notes following RCW 18.08.240.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.325 - Underground Petroleum Storage Tanks. › 70A.325.030 - Reinsurance for heating oil pollution liability protection program.

RCW 70A.325.030
Reinsurance for heating oil pollution liability protection program. (Expires July 1, 2030.)
The director shall provide reinsurance through the pollution liability insurance program trust account to the heating oil pollution liability protection program under chapter 70A.330 RCW.
[ 2020 c 20 § 1384; 1995 c 20 § 12. Formerly RCW 70.148.025.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.325 - Underground Petroleum Storage Tanks. › 70A.325.040 - Pollution liability insurance program—Generally—Ad hoc committees.

RCW 70A.325.040
Pollution liability insurance program—Generally—Ad hoc committees. (Expires July 1, 2030.)
(1) The Washington pollution liability insurance program is created as an independent agency of the state. The administrative head and appointing authority of the program shall be the director who shall be appointed by the governor, with the consent of the senate, and shall serve at the pleasure of the governor. The salary for this office shall be set by the governor pursuant to RCW 43.03.040. The director shall appoint a deputy director. The director, deputy director, and up to three other employees are exempt from the civil service law, chapter 41.06 RCW.
(2) The director shall employ such other staff as are necessary to fulfill the responsibilities and duties of the director. The staff is subject to the civil service law, chapter 41.06 RCW. In addition, the director may contract with third parties for services necessary to carry out its activities where this will promote economy, avoid duplication of effort, and make best use of available expertise. To the extent necessary to protect the state from unintended liability and ensure quality program and contract design, the director shall contract with an organization or organizations with demonstrated experience and ability in managing and designing pollution liability insurance and with an organization or organizations with demonstrated experience and ability in managing and designing pollution liability reinsurance. The director shall enter into such contracts after competitive bid but need not select the lowest bid. Any such contractor or consultant is prohibited from releasing, publishing, or otherwise using any information made available to it under its contractual responsibility without specific permission of the program director. The director may call upon other agencies of the state to provide technical support and available information as necessary to assist the director in meeting the director's responsibilities under this chapter. Agencies shall supply this support and information as promptly as circumstances permit.
(3) The director may appoint ad hoc technical advisory committees to obtain expertise necessary to fulfill the purposes of this chapter.
[ 1994 sp.s. c 9 § 805; 1990 c 64 § 4; 1989 c 383 § 4. Formerly RCW 70.148.030.]
NOTES:
Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.325 - Underground Petroleum Storage Tanks. › 70A.325.050 - Program design—Cost coverage.

RCW 70A.325.050
Program design—Cost coverage. (Expires July 1, 2030.)
The director may design the program to cover the costs incurred in determining whether a proposed applicant for pollution insurance under the program meets the underwriting standards of the insurer. In covering such costs the director shall consider the financial resources of the applicant, shall take into consideration the economic impact of the discontinued use of the applicant's storage tank upon the affected community, shall provide coverage within the revenue limits provided under this chapter, and shall limit coverage of such costs to the extent that coverage would be detrimental to providing affordable insurance under the program.
[ 1990 c 64 § 11. Formerly RCW 70.148.035.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.325 - Underground Petroleum Storage Tanks. › 70A.325.060 - Rules.

RCW 70A.325.060
Rules. (Expires July 1, 2030.)
The director may adopt rules consistent with this chapter to carry out the purposes of this chapter. All rules shall be adopted in accordance with chapter 34.05 RCW.
[ 1990 c 64 § 5; 1989 c 383 § 5. Formerly RCW 70.148.040.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.325 - Underground Petroleum Storage Tanks. › 70A.325.080 - Disclosure of reports or information—Penalty.

RCW 70A.325.080
Disclosure of reports or information—Penalty. (Expires July 1, 2030.)
(1) All information except for proprietary reports or information obtained by the director and the director's staff in soliciting bids from insurers and in monitoring the insurer selected by the director shall be made public or otherwise disclosed to any person, firm, corporation, agency, association, governmental body, or other entity.
(2) Subsection (1) of this section notwithstanding, the director may furnish all or part of examination reports prepared by the director or by any person, firm, corporation, association, or other entity preparing the reports on behalf of the director to:
(a) The Washington state insurance commissioner;
(b) A person or organization officially connected with the insurer as officer, director, attorney, auditor, or independent attorney or independent auditor; and
(c) The attorney general in his or her role as legal advisor to the director.
(3) Subsection (1) of this section notwithstanding, the director may furnish all or part of the examination or proprietary reports or information obtained by the director to:
(a) The Washington state insurance commissioner; and
(b) A person, firm, corporation, association, governmental body, or other entity with whom the director has contracted for services necessary to perform his or her official duties.
(4) Proprietary information obtained by the director and the director's staff is not subject to public disclosure under chapter 42.56 RCW.
(5) A person who violates any provision of this section is guilty of a gross misdemeanor.
[ 2015 c 224 § 5; 2005 c 274 § 341; 1990 c 64 § 7; 1989 c 383 § 7. Formerly RCW 70.148.060.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.325 - Underground Petroleum Storage Tanks. › 70A.325.100 - Cancellation or refusal by insurer—Appeal.

RCW 70A.325.100
Cancellation or refusal by insurer—Appeal. (Expires July 1, 2030.)
If the insurer cancels or refuses to issue or renew a policy, the affected owner or operator may appeal the insurer's decision to the director. The director shall conduct a brief adjudicative proceeding under chapter 34.05 RCW.
[ 1990 c 64 § 9; 1989 c 383 § 9. Formerly RCW 70.148.080.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.325 - Underground Petroleum Storage Tanks. › 70A.325.110 - Exemptions from Title 48 RCW—Exceptions.

RCW 70A.325.110
Exemptions from Title 48 RCW—Exceptions. (Expires July 1, 2030.)
(1) The activities and operations of the program are exempt from the provisions and requirements of Title 48 RCW.
(2) To the extent of their participation in the program, the activities and operations of the insurer selected by the director to provide liability insurance coverage to owners and operators of underground storage tanks are exempt from the requirements of Title 48 RCW except for:
(a) Chapter 48.03 RCW pertaining to examinations;
(b) RCW 48.05.250 pertaining to annual reports;
(c) Chapter 48.12 RCW pertaining to assets and liabilities;
(d) Chapter 48.13 RCW pertaining to investments;
(e) Chapter 48.30 RCW pertaining to deceptive, false, or fraudulent acts or practices; and
(f) Chapter 48.92 RCW pertaining to liability risk retention.
(3) To the extent of their participation in the program, the insurer selected by the director to provide liability insurance coverage to owners and operators of underground storage tanks shall not participate in the Washington insurance guaranty association nor shall the association be liable for coverage provided to owners and operators of underground storage tanks issued in connection with the program.
[ 2020 c 156 § 5; 1990 c 64 § 10; 1989 c 383 § 10. Formerly RCW 70.148.090.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.325 - Underground Petroleum Storage Tanks. › 70A.325.120 - Reservation of legislative power.

RCW 70A.325.120
Reservation of legislative power. (Expires July 1, 2030.)
The legislature reserves the right to amend or repeal all or any part of this chapter at any time, and there is no vested right of any kind against such amendment or repeal. All the rights, privileges, or immunities conferred by this chapter or any acts done under it exist subject to the power of the legislature to amend or repeal this chapter at any time.
[ 1989 c 383 § 12. Formerly RCW 70.148.110.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.325 - Underground Petroleum Storage Tanks. › 70A.325.130 - Director may implement an emergency program—Report to the legislature.

RCW 70A.325.130
Director may implement an emergency program—Report to the legislature. (Expires July 1, 2030.)
(1) The director may implement an emergency program, as designed under RCW 70A.325.070.
(2) At the legislative session following implementation of an emergency program, the director must provide to the legislature a report on the options available to assist owners and operators in using one or a combination of mechanisms to demonstrate financial responsibility for underground storage tanks. The report must include, but is not limited to: Discussion of a state-run insurance program; alternative options to a state-run insurance program; an evaluation and recommendation of the finances required to develop and implement a new financial responsibility model that complies with the federal financial responsibility requirements in 40 C.F.R. Part 280, subpart H; and recommendations for legislation necessary to implement actions needed to meet federal financial responsibility requirements in 40 C.F.R. Part 280, subpart H.
[ 2021 c 65 § 73; 2020 c 156 § 3.]
NOTES:
Explanatory statement—2021 c 65: See note following RCW 53.54.030.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.325 - Underground Petroleum Storage Tanks. › 70A.325.900 - Expiration of chapter.

RCW 70A.325.900
Expiration of chapter.
This chapter expires July 1, 2030.
[ 2016 c 161 § 16; 2012 1st sp.s. c 3 § 2; 2006 c 276 § 3; 2000 c 16 § 1; 1995 c 12 § 2; 1989 c 383 § 13. Formerly RCW 70.148.900.]
NOTES:
Effective date—1995 c 12: See note following RCW 70A.325.070.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.330 - Petroleum Storage Tank Systems—Pollution Liability Protection Act. › 70A.330.010 - Intent—Findings.

RCW 70A.330.010
Intent—Findings. (Expires July 1, 2030.)
The legislature finds that it is in the best interests of all citizens for petroleum storage tank systems to be operated safely and for tank leaks or spills to be dealt with expeditiously. The legislature finds that it is appropriate for an agency with expertise in petroleum to provide technical advice and assistance to owners or operators when there has been a release. The legislature further finds that while it is necessary to protect tank owners from the financial hardship related to damaged heating oil tanks, support can be provided through the agency's revolving loan and grant program in chapter 70A.345 RCW. Therefore, the legislature intends to transition the pollution liability insurance program for heating oil tanks to a revolving loan and grant program, while maintaining the pollution liability insurance program for existing registrants.
[ 2021 c 65 § 74; 2020 c 310 § 1; 2017 c 23 § 1; 1995 c 20 § 1. Formerly RCW 70.149.010.]
NOTES:
Explanatory statement—2021 c 65: See note following RCW 53.54.030.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.330 - Petroleum Storage Tank Systems—Pollution Liability Protection Act. › 70A.330.020 - Short title.

RCW 70A.330.020
Short title. (Expires July 1, 2030.)
This chapter may be known and cited as the Washington state pollution liability protection act.
[ 2017 c 23 § 2; 1995 c 20 § 2. Formerly RCW 70.149.020.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.330 - Petroleum Storage Tank Systems—Pollution Liability Protection Act. › 70A.330.050 - Exemptions from Title 48 RCW—Exceptions.

RCW 70A.330.050
Exemptions from Title 48 RCW—Exceptions. (Expires July 1, 2030.)
(1) The activities and operations of the program are exempt from the provisions and requirements of Title 48 RCW and to the extent of their participation in the program, the activities and operations of the insurer selected by the director to provide liability insurance coverage to owners and operators of heating oil tanks are exempt from the requirements of Title 48 RCW except for:
(a) Chapter 48.03 RCW pertaining to examinations;
(b) RCW 48.05.250 pertaining to annual reports;
(c) Chapter 48.12 RCW pertaining to assets and liabilities;
(d) Chapter 48.13 RCW pertaining to investments;
(e) Chapter 48.30 RCW pertaining to deceptive, false, or fraudulent acts or practices; and
(f) Chapter 48.92 RCW pertaining to liability risk retention.
(2) To the extent of their participation in the program, the insurer selected by the director to provide liability insurance coverage to owners and operators of heating oil tanks shall not participate in the Washington insurance guaranty association nor shall the association be liable for coverage provided to owners and operators of heating oil tanks issued in connection with the program.
[ 1995 c 20 § 6. Formerly RCW 70.149.060.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.330 - Petroleum Storage Tank Systems—Pollution Liability Protection Act. › 70A.330.060 - Heating oil pollution liability trust account.

RCW 70A.330.060
Heating oil pollution liability trust account. (Expires July 1, 2030.)
(1) The heating oil pollution liability trust account is created in the custody of the state treasurer. All receipts from the pollution liability insurance fee collected under RCW 70A.330.070 and reinsurance premiums shall be deposited into the account. Expenditures from the account may be used only for the purposes set out under this chapter. Only the director or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures.
(2) Money in the account may be used by the director for the following purposes:
(a) Corrective action costs;
(b) Third-party liability claims;
(c) Costs associated with claims administration;
(d) Purchase of an insurance policy to cover all registered heating oil tanks, and reinsurance of the policy; and
(e) Administrative expenses of the program, including personnel, equipment, supplies, and providing advice and technical assistance.
[ 2020 c 20 § 1388; 2017 c 23 § 5; 2004 c 203 § 2; 1997 c 8 § 2; 1995 c 20 § 7. Formerly RCW 70.149.070.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.330 - Petroleum Storage Tank Systems—Pollution Liability Protection Act. › 70A.330.070 - Pollution liability insurance fee.

RCW 70A.330.070
Pollution liability insurance fee. (Expires July 1, 2030.)
(1) A pollution liability insurance fee of one and two-tenths cents per gallon of heating oil purchased within the state shall be imposed on every special fuel dealer, as the term is defined in chapter 82.38 RCW, making sales of heating oil to a user or consumer.
(2) The pollution liability insurance fee shall be remitted by the special fuel dealer to the department of licensing.
(3) The fee proceeds shall be used for the specific regulatory purposes of this chapter.
(4) The fee imposed by this section shall not apply to heating oil exported or sold for export from the state.
[ 2004 c 203 § 3; 1995 c 20 § 8. Formerly RCW 70.149.080.]
NOTES:
Effective date—2004 c 203 § 3: "Section 3 of this act takes effect July 1, 2004." [ 2004 c 203 § 5.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.330 - Petroleum Storage Tank Systems—Pollution Liability Protection Act. › 70A.330.080 - Confidentiality.

RCW 70A.330.080
Confidentiality. (Expires July 1, 2030.)
The following shall be confidential and exempt under chapter 42.56 RCW, subject to the conditions set forth in this section:
(1) All examination and proprietary reports and information obtained by the director and the director's staff in soliciting bids from insurers and in monitoring the insurer selected by the director may not be made public or otherwise disclosed to any person, firm, corporation, agency, association, governmental body, or other entity.
(2) All information obtained by the director or the director's staff related to registration of heating oil tanks to be insured may not be made public or otherwise disclosed to any person, firm, corporation, agency, association, governmental body, or other entity.
(3) The director may furnish all or part of examination reports prepared by the director or by any person, firm, corporation, association, or other entity preparing the reports on behalf of the director to:
(a) The Washington state insurance commissioner;
(b) A person or organization officially connected with the insurer as officer, director, attorney, auditor, or independent attorney or independent auditor; and
(c) The attorney general in his or her role as legal advisor to the director.
[ 2005 c 274 § 342; 1995 c 20 § 9. Formerly RCW 70.149.090.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.330 - Petroleum Storage Tank Systems—Pollution Liability Protection Act. › 70A.330.090 - Application of RCW 19.86.020 through 19.86.060.

RCW 70A.330.090
Application of RCW 19.86.020 through 19.86.060. (Expires July 1, 2030.)
Nothing contained in this chapter shall authorize any commercial conduct which is prohibited by RCW 19.86.020 through 19.86.060, and no section of this chapter shall be deemed to be an implied repeal of any of those sections of the Revised Code of Washington.
[ 1995 c 20 § 10. Formerly RCW 70.149.100.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.330 - Petroleum Storage Tank Systems—Pollution Liability Protection Act. › 70A.330.100 - Heating oil tanks—Design criteria—Reimbursement.

RCW 70A.330.100
Heating oil tanks—Design criteria—Reimbursement. (Expires July 1, 2030.)
(1) The pollution liability insurance agency shall identify design criteria for heating oil tanks that provide superior protection against future leaks as compared to standard steel tank designs. Any tank designs identified under this section must either be constructed with fiberglass or offer at least an equivalent level of protection against leaks as a standard fiberglass design.
(2) The pollution liability insurance agency shall reimburse any owner or operator, who is participating in the program created in this chapter and who has experienced an occurrence or remedial action, for the difference in price between a standard steel heating tank and a new heating oil tank that satisfies the design standards identified under subsection (1) of this section, if the owner or operator chooses or is required to replace his or her tank at the time of the occurrence or remedial action.
(3) Any new heating oil tank reimbursement provided under this section must be funded within the amount of per occurrence coverage provided to the owner or operator under RCW 70A.330.040.
[ 2020 c 20 § 1389; 2007 c 240 § 2. Formerly RCW 70.149.120.]
NOTES:
Application—2007 c 240: "This act applies prospectively and only to individuals who file a claim with the pollution liability insurance agency on or after July 22, 2007." [ 2007 c 240 § 3.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.330 - Petroleum Storage Tank Systems—Pollution Liability Protection Act. › 70A.330.110 - Authorization to process claims through interpretative guidance.

RCW 70A.330.110
Authorization to process claims through interpretative guidance. (Expires July 1, 2030.)
To ensure the adoption of rules will not delay the process to close out existing claims under the heating oil pollution liability insurance program, the pollution liability insurance agency may continue to process claims through interpretative guidance pending adoption of rules.
[ 2020 c 310 § 3.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.330 - Petroleum Storage Tank Systems—Pollution Liability Protection Act. › 70A.330.800 - Technical advice and assistance program expansion—Interpretive guidance pending rules.

RCW 70A.330.800
Technical advice and assistance program expansion—Interpretive guidance pending rules. (Expires July 1, 2030.)
To ensure the adoption of rules will not delay the implementation of remedial actions, the pollution liability insurance agency may implement the technical advice and assistance program expansion to include petroleum storage tank systems through interpretive guidance pending adoption of rules.
[ 2017 c 23 § 7. Formerly RCW 70.149.800.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.330 - Petroleum Storage Tank Systems—Pollution Liability Protection Act. › 70A.330.801 - Technical advice and assistance program expansion—Timeline.

RCW 70A.330.801
Technical advice and assistance program expansion—Timeline. (Expires July 1, 2030.)
The pollution liability insurance agency may not expand the technical advice and assistance program to include petroleum storage tank systems until January 1, 2018. The pollution liability insurance agency may include heating oil tanks, including abandoned and decommissioned tanks, in the technical advice and assistance program as of July 23, 2017.
[ 2017 c 23 § 8. Formerly RCW 70.149.801.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.330 - Petroleum Storage Tank Systems—Pollution Liability Protection Act. › 70A.330.900 - Expiration of chapter.

RCW 70A.330.900
Expiration of chapter.
This chapter expires July 1, 2030.
[ 2016 c 161 § 17; 2012 1st sp.s. c 3 § 3; 2006 c 276 § 4; 2000 c 16 § 2; 1995 c 20 § 14. Formerly RCW 70.149.900.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.335 - Bisphenol A—Restrictions on Sale. › 70A.335.010 - Definitions.

RCW 70A.335.010
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Department" means the department of ecology.
(2) "Metal can" means a single walled container that is manufactured from metal substrate designed to hold or pack food or beverages and sealed by can ends manufactured from metal substrate. The metal substrate for the can and the can ends must be equal to or thinner than 0.0149 inch.
(3) "Sports bottle" means a resealable, reusable container, sixty-four ounces or less in size, that is designed or intended primarily to be filled with a liquid or beverage for consumption from the container, and is sold or distributed at retail without containing any liquid or beverage.
[ 2010 c 140 § 1. Formerly RCW 70.280.010.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.335 - Bisphenol A—Restrictions on Sale. › 70A.335.020 - Prohibiting the sale or distribution of certain products containing bisphenol A.

RCW 70A.335.020
Prohibiting the sale or distribution of certain products containing bisphenol A.
(1) Beginning July 1, 2011, no manufacturer, wholesaler, or retailer may manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in this state, any bottle, cup, or other container, except a metal can, that contains bisphenol A if that container is designed or intended to be filled with any liquid, food, or beverage primarily for consumption from that container by children three years of age or younger and is sold or distributed at retail without containing any liquid, food, or beverage.
(2) Beginning July 1, 2012, no manufacturer, wholesaler, or retailer may manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in this state, sports bottles that contain bisphenol A.
[ 2010 c 140 § 2. Formerly RCW 70.280.020.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.335 - Bisphenol A—Restrictions on Sale. › 70A.335.030 - Notification—Recall of products.

RCW 70A.335.030
Notification—Recall of products.
(1) A manufacturer of products that are restricted under this chapter must notify persons that sell the manufacturer's products in this state about the provisions of this chapter no less than ninety days prior to the effective date of the restrictions.
(2) A manufacturer that produces, sells, or distributes a product prohibited from manufacture, sale, or distribution in this state under this chapter shall recall the product and reimburse the retailer or any other purchaser for the product.
[ 2010 c 140 § 3. Formerly RCW 70.280.030.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.335 - Bisphenol A—Restrictions on Sale. › 70A.335.040 - Penalties.

RCW 70A.335.040
Penalties.
(1) A manufacturer, wholesaler, or retailer that manufactures, knowingly sells, or distributes products in violation of this chapter is subject to a civil penalty not to exceed five thousand dollars for each violation in the case of a first offense. Manufacturers, wholesalers, or retailers who are repeat violators are subject to a civil penalty not to exceed ten thousand dollars for each repeat offense. Penalties collected under this section must be deposited in the model toxics control operating account created in RCW 70A.305.180.
(2) Retailers who unknowingly sell products that are restricted from sale under this chapter are not subject to the civil penalties under this chapter.
[ 2020 c 20 § 1419; 2010 c 140 § 4. Formerly RCW 70.280.040.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.335 - Bisphenol A—Restrictions on Sale. › 70A.335.050 - Expenses to cover cost of administering chapter.

RCW 70A.335.050
Expenses to cover cost of administering chapter.
Expenses to cover the cost of administering this chapter must be paid from the model toxics control operating account under RCW 70A.305.180.
[ 2020 c 20 § 1420; 2019 c 422 § 410; 2010 c 140 § 5. Formerly RCW 70.280.050.]
NOTES:
Effective date—Intent—2019 c 422: See notes following RCW 82.21.010.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.335 - Bisphenol A—Restrictions on Sale. › 70A.335.060 - Rules.

RCW 70A.335.060
Rules.
The department may adopt rules as necessary for the purpose of implementing, administering, and enforcing this chapter.
[ 2010 c 140 § 6. Formerly RCW 70.280.060.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.340 - Brake Friction Material. › 70A.340.010 - Findings.

RCW 70A.340.010
Findings.
The legislature finds that:
(1) Brake friction material is an essential component of motor vehicle brakes and is critically important to transportation safety and public safety in general;
(2) Debris from brake friction material containing copper and its compounds is generated and released to the environment during normal operation of motor vehicle brakes;
(3) Thousands of pounds of copper and other substances released from brake friction material enter Washington state's streams, rivers, and marine environment every year; and
(4) Copper is toxic to many aquatic organisms, including salmon.
[ 2010 c 147 § 1. Formerly RCW 70.285.010.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.340 - Brake Friction Material. › 70A.340.030 - Prohibition on the sale of certain brake friction material—Exemptions.

RCW 70A.340.030
Prohibition on the sale of certain brake friction material—Exemptions.
(1) No manufacturer, wholesaler, retailer, or distributor may sell or offer for sale brake friction material in Washington state containing any of the following constituents in an amount exceeding the specified concentrations:
(a) Asbestiform fibers, 0.1 percent by weight.
(b) Cadmium and its compounds, 0.01 percent by weight.
(c) Chromium(VI)-salts, 0.1 percent by weight.
(d) Lead and its compounds, 0.1 percent by weight.
(e) Mercury and its compounds, 0.1 percent by weight.
(2) Beginning January 1, 2021, no manufacturer, wholesaler, retailer, or distributor may sell or offer for sale brake friction material in Washington state containing more than five percent copper and its compounds by weight.
(3) Beginning January 1, 2025, no manufacturer, wholesaler, retailer, or distributor may sell or offer for sale brake friction material in Washington state containing more than 0.5 percent copper and its compounds by weight.
(4) Brake friction material manufactured prior to 2015 is exempt from subsection (1) of this section for the purposes of clearing inventory. This exemption expires January 1, 2025.
(5) Brake friction material manufactured prior to 2021 is exempt from subsection (2) of this section for the purposes of clearing inventory. This exemption expires January 1, 2031.
(6) Brake friction material manufactured prior to 2025 is exempt from subsection (3) of this section for the purposes of clearing inventory. This exemption expires January 1, 2035.
(7) Brake friction material manufactured as part of an original equipment service contract for vehicles manufactured prior to January 1, 2015, is exempt from subsection (1) of this section.
(8) Brake friction material manufactured as part of an original equipment service contract for vehicles manufactured prior to January 1, 2021, is exempt from subsection (2) of this section.
(9) Brake friction material manufactured as part of an original equipment service contract for vehicles manufactured prior to January 1, 2025, is exempt from subsection (3) of this section.
[ 2017 c 204 § 1; 2010 c 147 § 3. Formerly RCW 70.285.030.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.340 - Brake Friction Material. › 70A.340.040 - Brake friction material advisory committee—Members—Duties.

RCW 70A.340.040
Brake friction material advisory committee—Members—Duties.
(1) By December 1, 2015, the department shall review risk assessments, scientific studies, and other relevant analyses regarding alternative brake friction material and determine whether the material may be available. The department shall consider any new science with regard to the bioavailability and toxicity of copper.
(2) If the department finds that alternative brake friction material may be available, it shall convene a brake friction material advisory committee. The committee shall include, but is not limited to:
(a) A representative of the department, who will chair the committee;
(b) The chief of the Washington state patrol, or the chief's designee;
(c) A representative of manufacturers of brake friction material;
(d) A representative of manufacturers of motor vehicles;
(e) A representative of a nongovernmental organization concerned with motor vehicle safety;
(f) A representative of the national highway traffic safety administration; and
(g) A representative of a nongovernmental organization concerned with the environment.
(3) If convened pursuant to subsection (2) of this section, the committee shall separately assess alternative brake friction material for passenger vehicles, light duty vehicles, and heavy duty vehicles. The committee shall make different recommendations to the department as to whether alternative brake friction material is available or unavailable for passenger vehicles, light duty vehicles, and heavy duty vehicles. For purposes of this section, "heavy duty vehicle" means a vehicle used for commercial purposes with a gross vehicle weight rating above twenty-six thousand pounds. The committee shall also consider appropriate exemptions including original equipment service and brake friction material manufactured prior to the dates specified in RCW 70A.340.050. The department shall consider the committee's recommendations and make a finding as to whether alternative brake friction material is available or unavailable.
(4) If, pursuant to subsection (3) of this section, the department finds that alternative brake friction material:
(a) Is available, it shall comply with RCW 70A.340.050;
(b) Is not available, it shall periodically evaluate the finding and, if it determines that alternative brake friction material may be available, comply with subsections (2) and (3) of this section. If the department finds that alternative brake friction material is available, it shall comply with RCW 70A.340.050.
[ 2020 c 20 § 1422; 2010 c 147 § 4. Formerly RCW 70.285.040.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.340 - Brake Friction Material. › 70A.340.050 - Finding that alternative brake friction material is available—Report.

RCW 70A.340.050
Finding that alternative brake friction material is available—Report.
If, pursuant to RCW 70A.340.040, the department finds that alternative brake friction material is available:
(1)(a) By December 31st of the year in which the finding is made, the department shall publish the information required by RCW 70A.340.040 in the Washington State Register and present it in a report to the appropriate committees of the legislature; and
(b) The report must include recommendations for exemptions on original equipment service and brake friction material manufactured prior to dates specified in this section and may include recommendations for other exemptions.
(2) Beginning January 1, 2025, and consistent with RCW 70A.340.030(3), no manufacturer, wholesaler, retailer, or distributor may sell or offer for sale brake friction material in Washington state containing more than 0.5 percent copper and its compounds by weight, as specified in the report in subsection (1) of this section.
[ 2020 c 20 § 1423; 2017 c 204 § 2; 2010 c 147 § 5. Formerly RCW 70.285.050.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.340 - Brake Friction Material. › 70A.340.060 - Application for exemption from chapter.

RCW 70A.340.060
Application for exemption from chapter.
Any motor vehicle manufacturer or brake friction material manufacturer may apply to the department for an exemption from this chapter for brake friction material intended for a specific motor vehicle model or class of motor vehicles based on special needs or characteristics of the motor vehicles for which the brake friction material is intended. Exemptions may only be issued for small volume motor vehicle manufacturers, specific motor vehicle models, or special classes of vehicles, such as fire trucks, police cars, and heavy or wide-load equipment hauling, provided the manufacturer can demonstrate that complying with the requirements of this chapter is not feasible, does not allow compliance with safety standards, or causes significant financial hardship. Exemptions are valid for no less than one year and may be renewed automatically as needed or the exemption may be permanent for as long as the vehicle is used in the manner described in the application.
[ 2010 c 147 § 6. Formerly RCW 70.285.060.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.340 - Brake Friction Material. › 70A.340.070 - Manufacturers of brake friction material must provide certain data to the department—Department's duties.

RCW 70A.340.070
Manufacturers of brake friction material must provide certain data to the department—Department's duties.
(1) By January 1, 2013, and at least every three years thereafter, manufacturers of brake friction material sold or offered for sale in Washington state shall provide data to the department adequate to enable the department to determine concentrations of antimony, copper, nickel, and zinc and their compounds in brake friction material sold or offered for sale in Washington state.
(2) Using data provided pursuant to subsection (1) of this section and other data as needed, and in consultation with the brake friction material manufacturing industry, the department must:
(a) By July 1, 2013, establish baseline concentration levels for constituents identified in subsection (1) of this section in brake friction material; and
(b) Track progress toward reducing the use of copper and its compounds and ensure that concentration levels of antimony, nickel, or zinc and their compounds do not increase by more than fifty percent above baseline concentration levels.
(3) If concentration levels of antimony, nickel, or zinc and their compounds in brake friction material increase by more than fifty percent above baseline concentration levels, the department shall review scientific studies to determine the potential impact of the constituent on human health and the environment. If scientific studies demonstrate the need for controlling the use of the constituent in brake friction material, the department may consider recommending limits on concentration levels of the constituent in the material.
(4) Confidential business information otherwise protected under RCW 43.21A.160 or chapter 42.56 RCW is exempt from public disclosure.
[ 2010 c 147 § 7. Formerly RCW 70.285.070.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.340 - Brake Friction Material. › 70A.340.080 - Compliance with chapter—Proof of compliance.

RCW 70A.340.080
Compliance with chapter—Proof of compliance.
(1) Manufacturers of brake friction material offered for sale in Washington state must certify compliance with the requirements of this chapter and mark proof of certification on the brake friction material in accordance with criteria developed under this section.
(2) By December 1, 2012, the department must, after consulting with interested parties, develop compliance criteria to meet the requirements of this chapter. Compliance criteria includes, but is not limited to:
(a) Self-certification of compliance by brake friction material manufacturers using accredited laboratories; and
(b) Marked proof of certification, including manufacture date, on brake friction material and product packaging. Marked proof of certification must appear by January 1, 2015. Brake friction material manufactured or packaged prior to January 1, 2015, is exempt from this subsection (2)(b).
(3) Beginning January 1, 2021, manufacturers of new motor vehicles offered for sale in Washington state must ensure that motor vehicles are equipped with brake friction material certified to be compliant with the requirements of this chapter.
[ 2010 c 147 § 8. Formerly RCW 70.285.080.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.340 - Brake Friction Material. › 70A.340.100 - Adoption of rules.

RCW 70A.340.100
Adoption of rules.
The department may adopt rules necessary to implement this chapter. Rules adopted by the department under this section may not exceed the terms explicitly established by this chapter.
[ 2017 c 204 § 3; 2010 c 147 § 10. Formerly RCW 70.285.100.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.345 - Underground Storage Tank Revolving Loan and Grant Program. › 70A.345.010 - Intent.

RCW 70A.345.010
Intent. (Expires July 1, 2030.)
(1) The legislature intends for the pollution liability insurance agency to establish a revolving loan and grant program to assist owners and operators of petroleum underground storage tank systems to: (a) Remediate past releases; (b) upgrade, replace, or remove petroleum underground storage tank systems to prevent future releases; and (c) install new infrastructure or retrofit existing infrastructure for dispensing or using renewable or alternative energy.
(2) Furthermore, the legislature intends for the revolving loan and grant program to assist owners and operators of heating oil tanks to: (a) Remediate past releases; or (b) prevent future releases by upgrading, replacing, decommissioning, or removing heating oil systems.
[ 2020 c 310 § 4; 2016 c 161 § 1. Formerly RCW 70.340.010.]
NOTES:
Effective date—2016 c 161 §§ 1-13: "Sections 1 through 13 of this act take effect July 1, 2016." [ 2016 c 161 § 23.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.345 - Underground Storage Tank Revolving Loan and Grant Program. › 70A.345.020 - Definitions.

RCW 70A.345.020
Definitions. (Expires July 1, 2030.)
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Agency" means the Washington state pollution liability insurance agency.
(2) "Heating oil tank" means a tank and its connecting pipes, whether above or below ground, or in a basement, with pipes connected to the tank for space heating of human living or working space on the premises where the tank is located.
(3) "Local government" means any political subdivision of the state, including a town, city, county, special purpose district, or other municipal corporation.
(4) "Operator" means any person in control of, or having responsibility for, the daily operation of a petroleum underground storage tank system, including a heating oil tank system.
(5) "Owner" means any person who owns a petroleum underground storage tank system, including a heating oil tank system.
(6) "Petroleum underground storage tank system" means an underground storage tank system regulated under chapter 70A.355 RCW or subtitle I of the solid waste disposal act (42 U.S.C. chapter 82, subchapter IX) that is used for storing petroleum.
(7) "Release" has the same meaning as defined in RCW 70A.305.020.
(8) "Remedial action" has the same meaning as defined in RCW 70A.305.020.
(9) "Underground storage tank facility" means the location where one or more underground storage tank systems are installed. A facility encompasses all contiguous real property under common ownership associated with the operation of the underground storage tank system or systems.
(10) "Underground storage tank system" means an underground storage tank, connected underground piping, underground ancillary equipment, and containment system, if any, and includes any aboveground ancillary equipment connected to the underground storage tank or piping, such as dispensers.
[ 2020 c 310 § 5; 2020 c 20 § 1435; 2016 c 161 § 2. Formerly RCW 70.340.020.]
NOTES:
Reviser's note: This section was amended by 2020 c 20 § 1435 and by 2020 c 310 § 5, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—2016 c 161 §§ 1-13: See note following RCW 70A.345.010.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.345 - Underground Storage Tank Revolving Loan and Grant Program. › 70A.345.030 - Program established—Purpose—Maximum amount of loans and grants.

RCW 70A.345.030
Program established—Purpose—Maximum amount of loans and grants. (Expires July 1, 2030.)
(1) The agency shall establish an underground storage tank revolving loan and grant program to provide loans or grants to owners or operators to:
(a) Conduct remedial actions in accordance with chapter 70A.305 RCW, including investigations and cleanups of any release or threatened release of a hazardous substance at or affecting an underground storage tank facility, provided that at least one of the releases or threatened releases involves petroleum;
(b) Upgrade, replace, or permanently close a petroleum underground storage tank system in accordance with chapter 70A.355 RCW or subtitle I of the solid waste disposal act (42 U.S.C., chapter 82, subchapter IX), as applicable;
(c) Install new infrastructure or retrofit existing infrastructure at an underground storage tank facility for dispensing or using renewable or alternative energy for motor vehicles, including electric vehicle charging stations, when conducted in conjunction with either (a) or (b) of this subsection;
(d) Install and subsequently remove a temporary petroleum aboveground storage tank system in compliance with applicable laws, when conducted in conjunction with either (a) or (b) of this subsection;
(e) Conduct remedial actions in accordance with chapter 70A.305 RCW, including investigation and cleanup of any release or threatened releases of petroleum from a heating oil tank; or
(f) Prevent future releases by upgrading, replacing, decommissioning, or removing a heating oil tank.
(2) The maximum amount that may be loaned or granted under this program to an owner or operator for a single underground storage tank facility is two million dollars and for a single heating oil tank seventy-five thousand dollars.
[ 2021 c 65 § 75. Prior: 2020 c 310 § 6; 2020 c 20 § 1436; 2016 c 161 § 3. Formerly RCW 70.340.030.]
NOTES:
Explanatory statement—2021 c 65: See note following RCW 53.54.030.
Effective date—2016 c 161 §§ 1-13: See note following RCW 70A.345.010.