reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.305 - Hazardous Waste Cleanup—Model Toxics Control Act. › 70A.305.090 - Remedial actions—Exemption from procedural requirements.

RCW 70A.305.090
Remedial actions—Exemption from procedural requirements.
(1) A person conducting a remedial action at a facility under a consent decree, order, or agreed order, and the department when it conducts a remedial action, are exempt from the procedural requirements of chapters 70A.15, 70A.205, 70A.300, 77.55, 90.48, and 90.58 RCW, and the procedural requirements of any laws requiring or authorizing local government permits or approvals for the remedial action. The department shall ensure compliance with the substantive provisions of chapters 70A.15, 70A.205, 70A.300, 77.55, 90.48, and 90.58 RCW, and the substantive provisions of any laws requiring or authorizing local government permits of approvals. The department shall establish procedures for ensuring that such remedial actions comply with the substantive requirements adopted pursuant to such laws, and shall consult with the state agencies and local governments charged with implementing these laws. The procedures shall provide an opportunity for comment by the public and by the state agencies and local governments that would otherwise implement the laws referenced in this section. Nothing in this section is intended to prohibit implementing agencies from charging a fee to the person conducting the remedial action to defray the costs of services rendered relating to the substantive requirements for the remedial action.
(2) An exemption in this section or in RCW 70A.15.3020, 70A.205.235, 70A.300.200, 77.55.061, 90.48.039, and 90.58.355 shall not apply if the department determines that the exemption would result in loss of approval from a federal agency necessary for the state to administer any federal law, including the federal resource conservation and recovery act, the federal clean water act, the federal clean air act, and the federal coastal zone management act. Such a determination by the department shall not affect the applicability of the exemptions to other statutes specified in this section.
[ 2020 c 20 § 1313; 2003 c 39 § 30; 1994 c 257 § 14. Formerly RCW 70.105D.090.]
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.305 - Hazardous Waste Cleanup—Model Toxics Control Act. › 70A.305.100 - Grants to local governments—Statement of environmental benefits—Development of outcome-focused performance measures.

RCW 70A.305.100
Grants to local governments—Statement of environmental benefits—Development of outcome-focused performance measures.
In providing grants to local governments, the department shall require grant recipients to incorporate the environmental benefits of the project into their grant applications, and the department shall utilize the statement of environmental benefit[s] in its prioritization and selection process. The department shall also develop appropriate outcome-focused performance measures to be used both for management and performance assessment of the grant program. To the extent possible, the department should coordinate its performance measure system with other natural resource-related agencies as defined in RCW 43.41.270. The department shall consult with affected interest groups in implementing this section.
[ 2001 c 227 § 5. Formerly RCW 70.105D.100.]
NOTES:
Findings—Intent—2001 c 227: See note following RCW 43.41.270.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.305 - Hazardous Waste Cleanup—Model Toxics Control Act. › 70A.305.120 - Puget Sound partners.

RCW 70A.305.120
Puget Sound partners.
When administering funds under this chapter, the department shall give preference only to Puget Sound partners, as defined in RCW 90.71.010, in comparison to other entities that are eligible to be included in the definition of Puget Sound partner. Entities that are not eligible to be a Puget Sound partner due to geographic location, composition, exclusion from the scope of the Puget Sound action agenda developed by the Puget Sound partnership under RCW 90.71.310, or for any other reason, shall not be given less preferential treatment than Puget Sound partners.
[ 2007 c 341 § 31. Formerly RCW 70.105D.120.]
NOTES:
Effective date—2007 c 341: See RCW 90.71.907.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.305 - Hazardous Waste Cleanup—Model Toxics Control Act. › 70A.305.150 - Designation of a redevelopment opportunity zone—Criteria.

RCW 70A.305.150
Designation of a redevelopment opportunity zone—Criteria.
(1) A city or county may designate a geographic area within its jurisdiction as a redevelopment opportunity zone if the zone meets the criteria in this subsection and the city or county adopts a resolution that includes the following determinations and commitments:
(a) At least fifty percent of the upland properties in the zone are brownfield properties whether or not the properties are contiguous;
(b) The upland portions of the zone are comprised entirely of parcels of property either owned by the city or county or whose owner has provided consent in writing to have their property included within the zone;
(c) The cleanup of brownfield properties will be integrated with planning for the future uses of the properties and is consistent with the comprehensive land use plan for the zone; and
(d) The proposed properties lie within the incorporated area of a city or within an urban growth area designated under RCW 36.70A.110.
(2) A port district may designate a redevelopment opportunity zone when:
(a) The port district adopts a resolution that includes the determinations and commitments required under subsection (1)(a), (c), and (d) of this section and (c) of this subsection;
(b) The zone meets the criteria in subsection (1)(a), (c), and (d) of this section; and
(c) The port district either:
(i) Owns in fee all of the upland properties within the zone; or
(ii) Owns in fee at least fifty percent of the upland property in the zone, the owners of other parcels of upland property in the zone have provided consent in writing to have their property included in the zone, and the governing body of the city and county in which the zone lies approves of the designation by resolution.
[ 2013 2nd sp.s. c 1 § 4. Formerly RCW 70.105D.150.]
NOTES:
Findings—Intent—Effective date—2013 2nd sp.s. c 1: See notes following RCW 70A.305.020.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.305 - Hazardous Waste Cleanup—Model Toxics Control Act. › 70A.305.160 - Brownfield renewal authority.

RCW 70A.305.160
Brownfield renewal authority.
(1) A city, county, or port district may establish by resolution a brownfield renewal authority for the purpose of guiding and implementing the cleanup and reuse of properties within a designated redevelopment opportunity zone. Any combination of cities, counties, and port districts may establish a brownfield renewal authority through an interlocal agreement under chapter 39.34 RCW, and the brownfield renewal authority may exercise those powers as are authorized under chapter 39.34 RCW and under this chapter.
(2) A brownfield renewal authority must be governed by a board of directors selected as determined by the resolution or interlocal agreement establishing the authority.
(3) A brownfield renewal authority must be a separate legal entity and be deemed a municipal corporation. It has the power to: Sue and be sued; receive, account for, and disburse funds; employ personnel; and acquire or dispose of any interest in real or personal property within a redevelopment opportunity zone in the furtherance of the authority purposes. A brownfield renewal authority has the power to contract indebtedness and to issue and sell general obligation bonds pursuant to and in the manner provided for general county bonds in chapters 36.67 and 39.46 RCW and other applicable statutes, and to issue revenue bonds pursuant to and in the manner provided for revenue bonds in chapter 36.67 RCW and other applicable statutes.
(4) If the department determines that substantial progress has not been made on the plan approved under RCW 70A.305.140 by the brownfield renewal authority within six years of a city, county, or port district establishing a brownfield renewal authority, the department may require dissolution of the brownfield renewal authority. Upon dissolution of the brownfield renewal authority, except as provided in RCW 70A.305.140, all assets and liabilities transfer to the city, town, or port district establishing the brownfield renewal authority.
[ 2020 c 20 § 1317; 2013 2nd sp.s. c 1 § 5. Formerly RCW 70.105D.160.]
NOTES:
Findings—Intent—Effective date—2013 2nd sp.s. c 1: See notes following RCW 70A.305.020.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.305 - Hazardous Waste Cleanup—Model Toxics Control Act. › 70A.305.200 - Model toxics control stormwater account.

RCW 70A.305.200
Model toxics control stormwater account.
(1) The model toxics control stormwater account is hereby created in the state treasury.
(2) Moneys in the model toxics control stormwater account must be used for operating and capital programs, activities, and projects identified in subsection (3) of this section directly relating to stormwater pollution control.
(3) Moneys in the model toxics control stormwater account must be used only to carry out the operating and capital programs, activities, and projects directly relating to stormwater activities under RCW 70A.305.180 and 70A.305.190, including but not limited to the following:
(a) Stormwater pollution control projects and activities that protect or preserve existing remedial actions or prevent hazardous clean-up sites;
(b) Stormwater financial assistance to local governments that assist in compliance to the purposes of this chapter.
(4) Except for unanticipated receipts under RCW 43.79.260 through 43.79.282, moneys in the model toxics control stormwater account may be spent only after appropriation by statute.
[ 2020 c 20 § 1321; 2019 c 422 § 204. Formerly RCW 70.105D.210.]
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.305 - Hazardous Waste Cleanup—Model Toxics Control Act. › 70A.305.900 - Short title—1989 c 2.

RCW 70A.305.900
Short title—1989 c 2.
This act shall be known as "the model toxics control act."
[ 1989 c 2 § 22 (Initiative Measure No. 97, approved November 8, 1988). Formerly RCW 70.105D.900.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.305 - Hazardous Waste Cleanup—Model Toxics Control Act. › 70A.305.901 - Captions—1989 c 2.

RCW 70A.305.901
Captions—1989 c 2.
As used in this act, captions constitute no part of the law.
[ 1989 c 2 § 21 (Initiative Measure No. 97, approved November 8, 1988). Formerly RCW 70.105D.905.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.305 - Hazardous Waste Cleanup—Model Toxics Control Act. › 70A.305.902 - Construction—1989 c 2.

RCW 70A.305.902
Construction—1989 c 2.
The provisions of this act are to be liberally construed to effectuate the policies and purposes of this act. In the event of conflict between the provisions of this act and any other act, the provisions of this act shall govern.
[ 1989 c 2 § 19 (Initiative Measure No. 97, approved November 8, 1988). Formerly RCW 70.105D.910.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.305 - Hazardous Waste Cleanup—Model Toxics Control Act. › 70A.305.903 - Existing agreements—1989 c 2.

RCW 70A.305.903
Existing agreements—1989 c 2.
The consent orders and decrees in effect on March 1, 1989, shall remain valid and binding.
[ 1989 c 2 § 20 (Initiative Measure No. 97, approved November 8, 1988). Formerly RCW 70.105D.915.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.305 - Hazardous Waste Cleanup—Model Toxics Control Act. › 70A.305.904 - Effective date—1989 c 2.

RCW 70A.305.904
Effective date—1989 c 2.
(1) Sections 1 through 24 of this act shall take effect March 1, 1989, except that the director of ecology and the director of revenue may take whatever actions may be necessary to ensure that sections 1 through 24 of this act are implemented on their effective date.
*(2) This section does not apply and shall have no force or effect if (a) this act is passed by the legislature in the 1988 regular session or (b) no bill is enacted by the legislature involving hazardous substance cleanup (along with any other subject matter) between August 15, 1987, and January 1, 1988.
[ 1989 c 2 § 26 (Initiative Measure No. 97, approved November 8, 1988). Formerly RCW 70.105D.920.]
NOTES:
*Reviser's note: Neither condition contained in subsection (2) was met.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.310 - Mill Tailings—Licensing and Perpetual Care. › 70A.310.010 - Legislative findings.

RCW 70A.310.010
Legislative findings.
The legislature finds that:
(1) The milling of uranium and thorium creates potential hazards to the health of the citizens of the state of Washington in that potentially hazardous radioactive isotopes, decay products of uranium and thorium, naturally occurring in relatively dispersed geologic formations, are brought to one location on the surface and pulverized in the process of mining and milling uranium and thorium.
(2) These radioactive isotopes, in addition to creating a field of gamma radiation in the vicinity of the tailings area, also exude potentially hazardous radioactive gas and particulates into the atmosphere from the tailings areas, and contaminate the milling facilities, thereby creating hazards which will be present for many generations.
(3) The public health and welfare of the citizens demands that the state assure that the public health be protected by requiring that: (a) Prior to the termination of any radioactive materials license, all milling facilities and associated tailings piles will be decommissioned in such a manner as to bring the potential public health hazard to a minimum; and (b) such environmental radiation monitoring as is necessary to verify the status of decommissioned facilities will be conducted.
[ 1979 ex.s. c 110 § 1. Formerly RCW 70.121.010.]
NOTES:
Effective date—1979 ex.s. c 110: "This act shall take effect on January 1, 1980." [ 1979 ex.s. c 110 § 18.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.310 - Mill Tailings—Licensing and Perpetual Care. › 70A.310.020 - Definitions.

RCW 70A.310.020
Definitions.
Unless the context clearly requires a different meaning, the definitions in this section apply throughout this chapter.
(1) "Department" means the department of health.
(2) "License" means a radioactive materials license issued under chapter 70A.388 RCW and the rules adopted under chapter 70A.388 RCW.
(3) "Milling" means grinding, cutting, working, or concentrating ore which has been extracted from the earth by mechanical (conventional) or chemical (in situ) processes.
(4) "Obligor-licensee" means any person who obtains a license to operate a uranium or thorium mill in the state of Washington or any person who owns the property on which the mill operates and who owes money to the state for the licensing fee, for reclamation of the site, for perpetual surveillance and maintenance of the site, or for any other obligation owed the state under this chapter.
(5) "Secretary" means the secretary of health.
(6) "Site" means the restricted area as defined by the United States nuclear regulatory commission.
(7) "Statement of claim" means the document recorded or filed pursuant to this chapter, which names an obligor-licensee, names the state as obligee, describes the obligation owed to the state, and describes property owned by the obligor-licensee on which a lien will attach for the benefit of the state, and which creates the lien when filed.
(8) "Tailings" means the residue remaining after extraction of uranium or thorium from the ore whether or not the residue is left in piles, but shall not include ore bodies nor ore stock piles.
(9) "Termination of license" means the cancellation of the license after permanent cessation of operations. Temporary interruptions or suspensions of production due to economic or other conditions are not a permanent cessation of operations.
[ 2020 c 20 § 1368; 1991 c 3 § 372; 1987 c 184 § 1; 1982 c 78 § 1; 1979 ex.s. c 110 § 2. Formerly RCW 70.121.020.]
NOTES:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Effective date—1979 ex.s. c 110: See note following RCW 70A.310.010.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.310 - Mill Tailings—Licensing and Perpetual Care. › 70A.310.040 - Facility operations and decommissioning—Monitoring.

RCW 70A.310.040
Facility operations and decommissioning—Monitoring.
The secretary or his or her representative shall monitor the operations of the mill for compliance with the conditions of the license by the owner or operator. The mill owner or operator shall be responsible for compliance, both during the lifetime of the facility and at shutdown, including but not limited to such requirements as fencing and posting the site; contouring, covering, and stabilizing the pile; and for decommissioning the facility.
[ 2012 c 117 § 428; 1979 ex.s. c 110 § 4. Formerly RCW 70.121.040.]
NOTES:
Effective date—1979 ex.s. c 110: See note following RCW 70A.310.010.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.310 - Mill Tailings—Licensing and Perpetual Care. › 70A.310.050 - Radiation perpetual maintenance fund—Licensee contributions—Disposition.

RCW 70A.310.050
Radiation perpetual maintenance fund—Licensee contributions—Disposition.
On a quarterly basis on and after January 1, 1980, there shall be levied and the department shall collect a charge of five cents per pound on each pound of uranium or thorium compound milled out of the raw ore. All moneys paid to the department from these charges shall be deposited in a special security fund in the treasury of the state of Washington to be known as the "radiation perpetual maintenance fund." This security fund shall be used by the department when a licensee has ceased to operate and the site may still contain, or have associated with the site at which the licensed activity was conducted in spite of full compliance with RCW 70A.310.030, radioactive material which will require further maintenance, surveillance, or other care. If, with respect to a licensee, the department determines that the estimated total of these charges will be less than or greater than that required to defray the estimated cost of administration of this responsibility, the department may prescribe such an increased or decreased charge as is considered necessary for this purpose. If, at termination of the license, the department determines that by the applicable standards and practices then in effect, the charges which have been collected from the licensee and earnings generated therefrom are in excess of the amount required to defray the cost of this responsibility, the department may refund the excess portion to the licensee. If, at termination of the license or cessation of operation, the department determines, by the applicable standards and practices then in effect, that the charges which have been collected from the licensee and earnings generated therefrom are together insufficient to defray the cost of this responsibility, the department may collect the excess portion from the licensee.
[ 2020 c 20 § 1369; 2012 c 187 § 8; 1987 c 184 § 2; 1979 ex.s. c 110 § 5. Formerly RCW 70.121.050.]
NOTES:
Effective date—1979 ex.s. c 110: See note following RCW 70A.310.010.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.310 - Mill Tailings—Licensing and Perpetual Care. › 70A.310.060 - State authority to acquire property for surveillance sites.

RCW 70A.310.060
State authority to acquire property for surveillance sites.
In order to provide for the proper care and surveillance of sites under RCW 70A.310.050, the state may acquire by gift or transfer from any government agency, corporation, partnership, or person, all lands, buildings, and grounds necessary to fulfill the purposes of this chapter. Any such gift or transfer shall be subject to approval by the department. In exercising the authority of this section, the department shall take into consideration the status of the ownership of the land and interests therein and the ability of the licensee to transfer title and custody thereof to the state.
[ 2020 c 20 § 1370; 1979 ex.s. c 110 § 6. Formerly RCW 70.121.060.]
NOTES:
Effective date—1979 ex.s. c 110: See note following RCW 70A.310.010.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.310 - Mill Tailings—Licensing and Perpetual Care. › 70A.310.070 - Status of acquired state property for surveillance sites.

RCW 70A.310.070
Status of acquired state property for surveillance sites.
Recognizing the uncertainty of the existence of a person or corporation in perpetuity, and recognizing that ultimate responsibility to protect the public health and safety must be reposed in a solvent government, without regard to the existence of any particular agency or department thereof, all lands, buildings, and grounds acquired by the state under RCW 70A.310.060 shall be owned in fee simple by the state and dedicated in perpetuity to the purposes stated in RCW 70A.310.060. All radioactive material received at a site and located therein at the time of acquisition of ownership by the state shall become the property of the state.
[ 2020 c 20 § 1371; 1979 ex.s. c 110 § 7. Formerly RCW 70.121.070.]
NOTES:
Effective date—1979 ex.s. c 110: See note following RCW 70A.310.010.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.310 - Mill Tailings—Licensing and Perpetual Care. › 70A.310.080 - Payment for transferred sites for surveillance.

RCW 70A.310.080
Payment for transferred sites for surveillance.
If a person licensed by any governmental agency other than the state or if any other governmental agency desires to transfer a site to the state for the purpose of administering or providing perpetual care, a lump sum payment shall be made to the radiation perpetual maintenance fund. The amount of the deposit shall be determined by the department taking into consideration the factors stated in RCW 70A.310.050.
[ 2020 c 20 § 1372; 1979 ex.s. c 110 § 8. Formerly RCW 70.121.080.]
NOTES:
Effective date—1979 ex.s. c 110: See note following RCW 70A.310.010.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.310 - Mill Tailings—Licensing and Perpetual Care. › 70A.310.090 - Authority for on-site inspections and monitoring.

RCW 70A.310.090
Authority for on-site inspections and monitoring.
Each licensee under this chapter, as a condition of his or her license, shall submit to whatever reasonable on-site inspections and on-site monitoring as required in order for the department to carry out its responsibilities and duties under this chapter. Such on-site inspections and monitoring shall be conducted without the necessity of any further approval or any permit or warrant therefor.
[ 2012 c 117 § 429; 1979 ex.s. c 110 § 9. Formerly RCW 70.121.090.]
NOTES:
Effective date—1979 ex.s. c 110: See note following RCW 70A.310.010.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.310 - Mill Tailings—Licensing and Perpetual Care. › 70A.310.100 - Licensees' bond requirements.

RCW 70A.310.100
Licensees' bond requirements.
The secretary or the secretary's duly authorized representative shall require the posting of a bond by licensees to be used exclusively to provide funds in the event of abandonment, default, or other inability of the licensee to meet the requirements of the department. The secretary may establish bonding requirements by classes of licensees and by range of monetary amounts. In establishing these requirements, the secretary shall consider the potential for contamination, injury, cost of disposal, and reclamation of the property. The amount of the bond shall be sufficient to pay the costs of reclamation and perpetual maintenance.
[ 1987 c 184 § 5; 1979 ex.s. c 110 § 10. Formerly RCW 70.121.100.]
NOTES:
Effective date—1979 ex.s. c 110: See note following RCW 70A.310.010.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.310 - Mill Tailings—Licensing and Perpetual Care. › 70A.310.110 - Acceptable bonds.

RCW 70A.310.110
Acceptable bonds.
A bond shall be accepted by the department if it is a bond issued by a fidelity or surety company admitted to do business in the state of Washington and the fidelity or surety company is found by the state finance commission to be financially secure at licensing and licensing renewals, if it is a personal bond secured by such collateral as the secretary deems satisfactory and in accordance with RCW 70A.310.100, or if it is a cash bond.
[ 2020 c 20 § 1373; 1987 c 184 § 6; 1979 ex.s. c 110 § 11. Formerly RCW 70.121.110.]
NOTES:
Effective date—1979 ex.s. c 110: See note following RCW 70A.310.010.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.310 - Mill Tailings—Licensing and Perpetual Care. › 70A.310.120 - Forfeited bonds—Use of fund.

RCW 70A.310.120
Forfeited bonds—Use of fund.
All bonds forfeited shall be paid to the department for deposit in the radiation perpetual maintenance fund. All moneys in this fund may only be expended by the department as necessary for the protection of the public health and safety and shall not be used for normal operating expenses of the department.
[ 1979 ex.s. c 110 § 12. Formerly RCW 70.121.120.]
NOTES:
Effective date—1979 ex.s. c 110: See note following RCW 70A.310.010.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.310 - Mill Tailings—Licensing and Perpetual Care. › 70A.310.130 - Exemptions from bonding requirements.

RCW 70A.310.130
Exemptions from bonding requirements.
All state, local, or other governmental agencies, or subdivisions thereof, are exempt from the bonding requirements of this chapter.
[ 1987 c 184 § 7; 1979 ex.s. c 110 § 13. Formerly RCW 70.121.130.]
NOTES:
Effective date—1979 ex.s. c 110: See note following RCW 70A.310.010.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.310 - Mill Tailings—Licensing and Perpetual Care. › 70A.310.140 - Amounts owed to state—Lien created.

RCW 70A.310.140
Amounts owed to state—Lien created.
If a licensee fails to pay the department within a reasonable time money owed to the state under this chapter, the obligation owed to the state shall constitute a lien on all property, both real and personal, owned by the obligor-licensee when the department records or files, pursuant to this section, a statement of claim against the obligor-licensee. The statement of claim against the obligor-licensee shall name the obligor-licensee, name the state as obligee, describe the obligation, and describe the property to be held in security for the obligation.
Statements of claim creating a lien on real property, fixtures, timber, agricultural products, oil, gas, or minerals shall be recorded with the county auditor in each county where the property is located. Statements of claim creating a lien in personal property, whether tangible or intangible, shall be filed with the department of licensing.
A lien recorded or filed pursuant to this section has priority over any lien, interest, or other encumbrance previously or thereafter recorded or filed concerning any property described in the statement of claim, to the extent allowed by federal law.
A lien created pursuant to this section shall continue in force until extinguished by foreclosure or bankruptcy proceedings or until a release of the lien signed by the secretary is recorded or filed in the place where the statement of claim was recorded or filed. The secretary shall sign and record or file a release only after the obligation owed to the state under this chapter, together with accrued interest and costs of collection has been paid.
[ 1987 c 184 § 3. Formerly RCW 70.121.140.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.310 - Mill Tailings—Licensing and Perpetual Care. › 70A.310.150 - Amounts owed to the state—Collection by attorney general.

RCW 70A.310.150
Amounts owed to the state—Collection by attorney general.
The attorney general shall use all available methods of obtaining funds owed to the state under this chapter. The attorney general shall foreclose on liens made pursuant to this section, obtain judgments against obligor-licensees and pursue assets of the obligor-licensees found outside the state, consider pursuing the assets of parent corporations and shareholders where an obligor-licensee corporation is an underfinanced corporation, and pursue any other legal remedy available.
[ 1987 c 184 § 4. Formerly RCW 70.121.150.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.310 - Mill Tailings—Licensing and Perpetual Care. › 70A.310.900 - Construction.

RCW 70A.310.900
Construction.
This chapter is cumulative and not exclusive, and no part of this chapter shall be construed to repeal any existing law specifically enacted for the protection of the public health and safety.
[ 1979 ex.s. c 110 § 14. Formerly RCW 70.121.900.]
NOTES:
Effective date—1979 ex.s. c 110: See note following RCW 70A.310.010.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.310 - Mill Tailings—Licensing and Perpetual Care. › 70A.310.901 - Short title.

RCW 70A.310.901
Short title.
This chapter may be known as the "Mill Tailings Licensing and Perpetual Care Act of 1979".
[ 1979 ex.s. c 110 § 15. Formerly RCW 70.121.905.]
NOTES:
Effective date—1979 ex.s. c 110: See note following RCW 70A.310.010.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.315 - Incinerator Ash Residue. › 70A.315.010 - Legislative findings.

RCW 70A.315.010
Legislative findings.
The legislature finds:
(1) Solid wastes generated in the state are to be managed in the following order of descending priority: (a) Waste reduction; (b) recycling; (c) treatment; (d) energy recovery or incineration; (e) solidification/stabilization; and (f) landfill.
(2) Special incinerator ash residues from the incineration of municipal solid waste that would otherwise be regulated as hazardous wastes need a separate regulatory scheme in order to (a) ease the permitting and reporting requirements of chapter 70A.300 RCW, the state hazardous waste management act, and (b) supplement the environmental protection provisions of chapter 70A.205 RCW, the state solid waste management act.
(3) Raw garbage poses significant environmental and public health risks. Municipal solid waste incineration constitutes a higher waste management priority than the land disposal of untreated municipal solid waste due to its reduction of waste volumes and environmental health risks.
It is therefore the purpose of this chapter to establish management requirements for special incinerator ash that otherwise would be regulated as hazardous waste under chapter 70A.300 RCW, the hazardous waste management act.
[ 2020 c 20 § 1374; 1987 c 528 § 1. Formerly RCW 70.138.010.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.315 - Incinerator Ash Residue. › 70A.315.020 - Definitions.

RCW 70A.315.020
Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Department" means the department of ecology.
(2) "Director" means the director of the department of ecology or the director's designee.
(3) "Dispose" or "disposal" means the treatment, utilization, processing, or final deposit of special incineration ash.
(4) "Generate" means any act or process which produces special incinerator ash or which first causes special incinerator ash to become subject to regulation.
(5) "Management" means the handling, storage, collection, transportation, and disposal of special incinerator ash.
(6) "Person" means any person, firm, association, county, public or municipal or private corporation, agency, or other entity whatsoever.
(7) "Facility" means all structures, other appurtenances, improvements, and land used for recycling, storing, treating, or disposing of special incinerator ash.
(8) "Special incinerator ash" means ash residues resulting from the operation of incinerator or energy recovery facilities managing municipal solid waste, including solid waste from residential, commercial, and industrial establishments, if the ash residues (a) would otherwise be regulated as hazardous wastes under chapter 70A.300 RCW; and (b) are not regulated as a hazardous waste under the federal resource conservation and recovery act, 42 U.S.C. Sec. 6901 et seq.
[ 2020 c 20 § 1375; 1987 c 528 § 2. Formerly RCW 70.138.020.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.315 - Incinerator Ash Residue. › 70A.315.040 - Civil penalties.

RCW 70A.315.040
Civil penalties.
(1) Except as provided in RCW 43.05.060 through 43.05.080 and 43.05.150, any person who violates any provision of a department regulation or regulatory order relating to the management of special incinerator ash shall incur in addition to any other penalty provided by law, a penalty in an amount up to ten thousand dollars a day for every such violation. Each and every such violation shall be a separate and distinct offense. In case of continuing violation, every day's continuance shall be a separate and distinct violation. Every person who, through an act of commission or omission, procures, aids, or abets in the violation shall be considered to have violated the provisions of this section and shall be subject to the penalty herein provided.
(2) The penalty provided for in this section shall be imposed by a notice in writing, either by certified mail with return receipt requested or by personal service, to the person incurring the same from the department, describing the violation with reasonable particularity. Within fifteen days after the notice is received, the person incurring the penalty may apply in writing to the department for the remission or mitigation of such penalty. Upon receipt of the application, the department may remit or mitigate the penalty upon whatever terms the department in its discretion deems proper, giving consideration to the degree of hazard associated with the violation, provided the department deems such remission or mitigation to be in the best interests of carrying out the purposes of this chapter. The department shall have authority to ascertain the facts regarding all such applications in such reasonable manner and under such rules as it may deem proper.
(3) Any penalty imposed by this section shall become due and payable thirty days after receipt of a notice imposing the same unless application for remission or mitigation is made or petition for review by the hearings board is filed. When such an application for remission or mitigation is made, any penalty incurred pursuant to this section shall become due and payable thirty days after receipt of notice setting forth the disposition of such application.
(4) If the amount of any penalty is not paid to the department within thirty days after it becomes due and payable, the attorney general, upon the request of the director, shall bring an action in the name of the state of Washington in the superior court of Thurston county, or any county in which such violator may do business, to recover such penalty. In all such actions, the procedure and rules of evidence shall be the same as an ordinary civil action except as otherwise provided in this chapter.
[ 1995 c 403 § 633; 1987 c 528 § 4. Formerly RCW 70.138.040.]
NOTES:
Findings—Short title—Intent—1995 c 403: See note following RCW 34.05.328.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.315 - Incinerator Ash Residue. › 70A.315.050 - Violations—Orders.

RCW 70A.315.050
Violations—Orders.
Whenever a person violates any provision of this chapter or any permit or regulation the department may issue an order appropriate under the circumstances to assure compliance with the chapter, permit, or regulation. Such an order must be served personally or by registered mail upon any person to whom it is directed.
[ 1987 c 528 § 5. Formerly RCW 70.138.050.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.315 - Incinerator Ash Residue. › 70A.315.060 - Enforcement—Injunctive relief.

RCW 70A.315.060
Enforcement—Injunctive relief.
The department, with the assistance of the attorney general, may bring any appropriate action at law or in equity, including action for injunctive relief as may be necessary to enforce the provisions of this chapter or any permit or regulation issued thereunder.
[ 1987 c 528 § 6. Formerly RCW 70.138.060.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.315 - Incinerator Ash Residue. › 70A.315.070 - Criminal penalties.

RCW 70A.315.070
Criminal penalties.
Any person found guilty of wilfully violating, without sufficient cause, any of the provisions of this chapter, or permit or order issued pursuant to this chapter is guilty of a gross misdemeanor and upon conviction shall be punished by a fine of up to ten thousand dollars and costs of prosecution, or by imprisonment for up to three hundred sixty-four days, or by both. Each day of violation may be deemed a separate violation.
[ 2011 c 96 § 52; 1987 c 528 § 7. Formerly RCW 70.138.070.]
NOTES:
Findings—Intent—2011 c 96: See note following RCW 9A.20.021.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.315 - Incinerator Ash Residue. › 70A.315.900 - Application of chapter to certain incinerators.

RCW 70A.315.900
Application of chapter to certain incinerators.
This chapter shall not apply to municipal solid waste incinerators that are in operation on May 19, 1987, until a special incinerator waste disposal permit is issued in the county where the municipal solid waste incinerator is located, or July 1, 1989, whichever is sooner.
[ 1987 c 528 § 12. Formerly RCW 70.138.900.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.315 - Incinerator Ash Residue. › 70A.315.901 - Short title.

RCW 70A.315.901
Short title.
This chapter shall be known as the special incinerator ash disposal act.
[ 1987 c 528 § 11. Formerly RCW 70.138.901.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.320 - Area-Wide Soil Contamination. › 70A.320.010 - Findings.

RCW 70A.320.010
Findings.
The legislature finds that state and local agencies are currently implementing actions to reduce children's exposure to soils that contain hazardous substances. The legislature further finds that it is in the public interest to enhance those efforts in western Washington in areas located within the central Puget Sound smelter plume.
[ 2005 c 306 § 1. Formerly RCW 70.140.010.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.320 - Area-Wide Soil Contamination. › 70A.320.020 - Definitions.

RCW 70A.320.020
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Area-wide soil contamination" means low to moderate arsenic and lead soil contamination dispersed over a large geographic area.
(2) "Child care facility" means a child day-care center or a family day-care provider as those terms are defined under *RCW 74.15.020.
(3) "Department" means the department of ecology.
(4) "Director" means the director of the department of ecology.
(5) "Low to moderate soil contamination" means low level arsenic or lead concentrations where a child's exposure to soil contamination at a school or a child care facility may be reduced through best management practices.
(6) "School" means a public or private kindergarten, elementary, or secondary school.
[ 2005 c 306 § 2. Formerly RCW 70.140.020.]
NOTES:
*Reviser's note: RCW 74.15.020 was amended by 2006 c 265 § 401, removing the definitions for "child day-care center" and "family day-care provider."
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.320 - Area-Wide Soil Contamination. › 70A.320.030 - Children in schools and child care facilities—Department duties—School and child care facility duties.

RCW 70A.320.030
Children in schools and child care facilities—Department duties—School and child care facility duties.
(1) The department, in cooperation with the department of social and health services, the department of health, the office of the superintendent of public instruction, and local health districts, shall assist schools and child care facilities west of the crest of the Cascade mountains to reduce the potential for children's exposure to area-wide soil contamination.
(2) The department shall:
(a) Identify schools and child care facilities that are located within the central Puget Sound smelter plume based on available information;
(b) Conduct qualitative evaluations to determine the potential for children's exposure to area-wide soil contamination;
(c) If the qualitative evaluation determines that children may be routinely exposed to area-wide soil contamination at a property, conduct soil samples at that property by December 31, 2009; and
(d) If soil sample results confirm the presence of area-wide soil contamination, notify schools and child care facilities regarding the test results and the steps necessary for implementing best management practices.
(3) If a school or a child care facility with area-wide soil contamination does not implement best management practices within six months of receiving written notification from the department, the superintendent or board of directors of a school or the owner or operator of a child care facility must notify parents and guardians in writing of the results of soil tests. The written notice shall be prepared by the department.
(4) The department shall recognize schools and child care facilities that successfully implement best management practices with a voluntary certification letter confirming that the facility has successfully implemented best management practices.
(5) Schools and child care facilities must work with the department to provide the department with site access for soil sampling at times that are the most convenient for all parties.
[ 2005 c 306 § 3. Formerly RCW 70.140.030.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.320 - Area-Wide Soil Contamination. › 70A.320.040 - Department assistance—Best management practice guidelines—Grants—Interagency agreements authorized—Reports.

RCW 70A.320.040
Department assistance—Best management practice guidelines—Grants—Interagency agreements authorized—Reports.
(1) The department shall assist schools and owners and operators of child care facilities located within the central Puget Sound smelter plume. Such assistance may include the following:
(a) Technical assistance in conducting qualitative evaluations to determine where area-wide soil contamination exposures could occur;
(b) Technical and financial assistance in testing soils where evaluations indicate potential for contamination; and
(c) Technical and financial assistance to implement best management practices.
(2) The department shall develop best management practice guidelines for schools and day care facilities with area-wide soil contamination. The guidelines shall recommend a range of methods for reducing exposure to contaminated soil, considering the concentration, extent, and location of contamination and the nature and frequency of child use of the area.
(3) The department shall develop a grant program to assist schools and child care facilities with implementing best management practices.
(4) The department, within available funds, may provide grants to schools and child care facilities for the purpose of implementing best management practices.
(5) The department, within available funds, may provide financial assistance to the department of health and the department of social and health services to implement this chapter.
(6) The department may, through an interagency agreement, authorize a local health jurisdiction to administer any activity in this chapter that is otherwise not assigned to a local health jurisdiction by this chapter.
(7) The department shall evaluate actions to reduce child exposure to contaminated soils and submit progress reports to the governor and to the appropriate committees of the legislature by December 31, 2006, and December 31, 2008.
[ 2005 c 306 § 4. Formerly RCW 70.140.040.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.320 - Area-Wide Soil Contamination. › 70A.320.050 - Department of health to provide assistance.

RCW 70A.320.050
Department of health to provide assistance.
The department of health shall assist the department in implementing this chapter, including but not limited to developing best management practices and guidelines.
[ 2005 c 306 § 5. Formerly RCW 70.140.050.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.320 - Area-Wide Soil Contamination. › 70A.320.060 - Department of social and health services to provide assistance.

RCW 70A.320.060
Department of social and health services to provide assistance.
The department of social and health services shall assist the department by providing information on the location of child care facilities and contacts for these facilities.
[ 2005 c 306 § 6. Formerly RCW 70.140.060.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.320 - Area-Wide Soil Contamination. › 70A.320.070 - Livestock, agricultural land exempt from chapter.

RCW 70A.320.070
Livestock, agricultural land exempt from chapter.
This chapter does not apply to land devoted primarily to the commercial production of livestock or agricultural commodities.
[ 2005 c 306 § 7. Formerly RCW 70.140.070.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.320 - Area-Wide Soil Contamination. › 70A.320.080 - Existing authority of department not affected.

RCW 70A.320.080
Existing authority of department not affected.
Nothing in this chapter is intended to change ongoing actions or the authority of the department or other agencies to require actions to address soil contamination under existing laws.
[ 2005 c 306 § 8. Formerly RCW 70.140.080.]