reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.54 - Water Resources Act of 1971. › 90.54.120 - "Department," "utilize," and "utilization" defined.

RCW 90.54.120
"Department," "utilize," and "utilization" defined.
For the purposes of this chapter, unless the context is clearly to the contrary, the following definitions shall be used:
(1) "Department" means department of ecology.
(2) "Utilize" or "utilization" shall not only mean use of water for such long recognized consumptive or nonconsumptive beneficial purposes as domestic, stock watering, industrial, commercial, agricultural, irrigation, hydroelectric power production, thermal power production, mining, recreational, maintenance of wildlife and fish life purposes, but includes the retention of water in lakes and streams for the protection of environmental, scenic, aesthetic and related purposes, upon which economic values have not been placed historically and are difficult to quantify.
[ 1971 ex.s. c 225 § 13.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.54 - Water Resources Act of 1971. › 90.54.130 - Land use management policy modifications—Advisory recommendations.

RCW 90.54.130
Land use management policy modifications—Advisory recommendations.
The department of ecology may recommend land use management policy modifications it finds appropriate for the further protection of ground and surface water resources in this state. Such advisory recommendations may be made to other state regulatory agencies, local governments, water systems, and other appropriate bodies.
[ 1984 c 253 § 4.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.54 - Water Resources Act of 1971. › 90.54.140 - Protection of groundwater aquifers if sole drinking water source.

RCW 90.54.140
Protection of groundwater aquifers if sole drinking water source.
The legislature hereby declares that the protection of groundwater aquifers which are the sole drinking water source for a given jurisdiction shall be of the uppermost priority of the state department of ecology, department of social and health services, and all local government agencies with jurisdiction over such areas. In administration of programs related to the disposal of wastes and other practices which may impact such water quality, the department of ecology, department of social and health services, and such affected local agencies shall explore all possible measures for the protection of the aquifer, including any appropriate incentives, penalties, or other measures designed to bring about practices which provide for the least impact on the quality of the groundwater.
[ 1984 c 253 § 5.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.54 - Water Resources Act of 1971. › 90.54.150 - Water supply projects—Cooperation with other agencies—Scope of participation.

RCW 90.54.150
Water supply projects—Cooperation with other agencies—Scope of participation.
When feasible, the department of ecology shall cooperate with the United States and other public entities, including Indian tribes, in the planning, development, and operation of comprehensive water supply projects designed primarily to resolve controversies and conflicts over water use by increasing water quantity and improving water quality within a stream or river system, or other bodies of water, as well as to enhance opportunities for both instream and diversionary water uses within the system, and, in relation thereto, the department may:
(1) Participate with the federal government and other public entities in the planning, development, operation, and management of various phases of water projects hereafter authorized by congress;
(2) Provide rights to the use of public waters under the state's surface and ground water codes for these projects when the waters are available for allocation; and
(3) Provide financial assistance through grants and loans for projects when moneys are made available to the department for this assistance by other provisions of this code.
[ 1979 ex.s. c 216 § 9.]
NOTES:
Effective date—Severability—1979 ex.s. c 216: See notes following RCW 90.03.245.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.54 - Water Resources Act of 1971. › 90.54.160 - Department to report on dam safety.

RCW 90.54.160
Department to report on dam safety.
The department of ecology shall report to the legislature on the last working day of December of 1984, 1985, and 1986, and thereafter as deemed appropriate by the department, on dam facilities that exhibit safety deficiencies sufficient to pose a significant threat to the safety of life and property. The report shall identify the owner or owners of such facilities, detail the owner's ability and attitude towards correcting such deficiencies, and provide an estimate of the cost of correcting the deficiencies if a study has been completed.
[ 1984 c 83 § 1.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.54 - Water Resources Act of 1971. › 90.54.170 - Electric generation facility—Evaluation of application to appropriate water.

RCW 90.54.170
Electric generation facility—Evaluation of application to appropriate water.
In addition to other requirements of this chapter, when the proposed water resource development project involves a new water supply combined with an electric generation facility where such electricity generated may be sold to an entity authorized by law to distribute electricity, the department shall evaluate and utilize, in connection with any application to appropriate water pursuant to the water code, chapter 90.03 RCW, sufficient information furnished by the project applicant regarding the need for the project, alternative means of serving the purposes of the project, the cumulative effects of the project and similar projects that are built, under construction or permitted in the relevant river basin or basins, the impact, if any, on flood control plans and an estimate of the impact, if any, of the sale of the project's electricity on the rates of utility customers of the Bonneville power administration. Such information shall be furnished at the project applicant's own cost and expense.
[ 1985 c 444 § 6.]
NOTES:
Intent—Construction—Severability—1985 c 444: See notes following RCW 35.92.010.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.54 - Water Resources Act of 1971. › 90.54.191 - Streamflow restoration a priority.

RCW 90.54.191
Streamflow restoration a priority.
The department shall prioritize the expenditure of funds and other resources for programs related to streamflow restoration in watersheds where the exercise of inchoate water rights may have a larger effect on streamflows and other water uses.
[ 2003 1st sp.s. c 5 § 10.]
NOTES:
Severability—2003 1st sp.s. c 5: See note following RCW 90.03.015.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.54 - Water Resources Act of 1971. › 90.54.210 - Department shall act on water rights applications that rely on reservations of water established in WAC 173-518-080 or 173-545-090.

RCW 90.54.210
Department shall act on water rights applications that rely on reservations of water established in WAC 173-518-080 or 173-545-090.
(1) The department shall act on all water rights applications that rely on the reservations of water established in WAC 173-518-080 or 173-545-090, as those provisions existed on March 31, 2016. The legislature declares that the reservations of water established in WAC 173-518-080 and 173-545-090, as those provisions existed on March 31, 2016, are consistent with legislative intent and are specifically authorized to be maintained and implemented by the department.
(2) This section does not affect the department's authority to lawfully adopt, amend, or repeal any rule, including WAC 173-518-080 or 173-545-090.
(3) This section may not be construed to prejudice any reservation of water not referenced in this section.
[ 2016 c 117 § 1.]
NOTES:
Effective date—2016 c 117: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 31, 2016]." [ 2016 c 117 § 2.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.54 - Water Resources Act of 1971. › 90.54.900 - Certain rights, authority, not to be affected by chapter.

RCW 90.54.900
Certain rights, authority, not to be affected by chapter.
Nothing in this chapter shall affect any existing water rights, riparian, appropriative, or otherwise; nor shall it affect existing rights relating to the operation of any hydroelectric or water storage reservoir or related facility; nor shall it affect any exploratory work, construction or operation of a thermal power plant by an electric utility in accordance with the provisions of chapter 80.50 RCW. Nothing in this chapter shall enlarge or reduce the department of ecology's authority to regulate the surface use of waters of this state or structures on the underlying beds, tidelands or shorelands.
[ 1971 ex.s. c 225 § 9.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.54 - Water Resources Act of 1971. › 90.54.920 - Rights not impaired.

RCW 90.54.920
Rights not impaired.
(1) Nothing in this act shall affect or operate to impair any existing water rights.
(2) Nothing in this act shall be used to prevent future storage options, recognizing that storage may be necessary as a method of conserving water to meet both instream and out-of-stream needs.
(3) Nothing in this act shall infringe upon the rate-making prerogatives of any public water purveyor.
(4) Nothing in this act shall preclude the joint select committee on water resource policy from reviewing any subject matter contained herein for any future modifications.
[ 1989 c 348 § 3.]
NOTES:
Severability—1989 c 348: See note following RCW 90.54.020.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.56 - Oil and Hazardous Substance Spill Prevention and Response. › 90.56.020 - Director responsible for spill response.

RCW 90.56.020
Director responsible for spill response.
Except as otherwise specifically provided in this chapter or other law, the director has the primary authority, in conformance with the statewide master oil and hazardous substance spill prevention and contingency plan adopted pursuant to RCW 90.56.060 and any applicable contingency plans prepared pursuant to this chapter and chapter 88.46 RCW, to oversee prevention, abatement, response, containment, and cleanup efforts with regard to any oil or hazardous substance spill in the navigable waters of the state. The director is the head of the state incident command system in response to a spill of oil or hazardous substances and shall coordinate the response efforts of all state agencies and local emergency response personnel. If a discharge of oil or hazardous substances is subject to the national contingency plan, in responding to the discharge, the director shall to the greatest extent practicable act in accordance with the national contingency plan and cooperate with the federal on-scene coordinator or other federal agency or official exercising authority under the national contingency plan.
[ 1991 c 200 § 103.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.56 - Oil and Hazardous Substance Spill Prevention and Response. › 90.56.030 - Powers and duties.

RCW 90.56.030
Powers and duties.
The powers, duties, and functions conferred by this chapter shall be exercised by the department of ecology and shall be deemed an essential government function in the exercise of the police power of the state. Such powers, duties, and functions of the department shall extend to all waters under the jurisdiction of the state.
[ 1991 c 200 § 104; 1971 ex.s. c 180 § 2. Formerly RCW 90.48.370.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.56 - Oil and Hazardous Substance Spill Prevention and Response. › 90.56.040 - Authority supplemental.

RCW 90.56.040
Authority supplemental.
This chapter grants authority to the department which is supplemental to and in no way reduces or otherwise modifies the powers granted to the department by other statutes.
[ 1991 c 200 § 105; 1987 c 109 § 153; 1969 ex.s. c 133 § 11. Formerly RCW 90.48.365.]
NOTES:
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.56 - Oil and Hazardous Substance Spill Prevention and Response. › 90.56.050 - Rules.

RCW 90.56.050
Rules.
The department may adopt rules including but not limited to the following matters:
(1) Procedures and methods of reporting discharges and other occurrences prohibited by this chapter;
(2) Procedures, methods, means, and equipment to be used by persons subject to regulation by this chapter and such rules may prescribe the times, places, and methods of transfer of oil;
(3) Coordination of procedures, methods, means, and equipment to be used in the removal of oil;
(4) Development and implementation of criteria and plans to meet oil spills of various kinds and degrees;
(5) When and under what circumstances, if any, chemical agents, such as coagulants, dispersants, and bioremediation, may be used in response to an oil spill;
(6) The disposal of oil recovered from a spill; and
(7) Such other rules and regulations as the exigencies of any condition may require or such as may be reasonably necessary to carry out the intent of this chapter.
[ 1991 c 200 § 106; 1971 ex.s. c 180 § 3. Formerly RCW 90.48.380.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.56 - Oil and Hazardous Substance Spill Prevention and Response. › 90.56.070 - Coordination with federal law.

RCW 90.56.070
Coordination with federal law.
In carrying out the purposes of this chapter, including the adoption of rules for contingency plans, the department shall to the greatest extent practicable implement this chapter in a manner consistent with federal law.
[ 1991 c 200 § 108.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.56 - Oil and Hazardous Substance Spill Prevention and Response. › 90.56.080 - Hazardous substances incident response training and education program.

RCW 90.56.080
Hazardous substances incident response training and education program.
The division of fire protection services shall establish and manage the Washington oil and hazardous substances incident response training and education program to provide approved classes in hazardous substance response, taught by trained instructors. To carry out this program, the division of fire protection services shall:
(1) Adopt rules necessary to implement the program;
(2) Establish a training and education program by developing the curriculum to be used in the program in colleges, academies, and other educational institutions;
(3) Provide training to local oil and hazardous materials emergency response personnel; and
(4) Establish and collect admission fees and other fees that may be necessary to the program.
[ 2000 c 69 § 17; 1991 c 200 § 109.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.56 - Oil and Hazardous Substance Spill Prevention and Response. › 90.56.110 - Rehabilitation of wildlife—Rules.

RCW 90.56.110
Rehabilitation of wildlife—Rules.
The department of fish and wildlife may adopt rules including, but not limited to, the following:
(1) Procedures and methods of handling and caring for waterfowl or other wildlife affected by spills of oil and other hazardous materials;
(2) The certification of persons trained in the removal of pollutants from waterfowl or other wildlife;
(3) Development of procedures with respect to removal of oil and other hazardous substances from waterfowl or other wildlife;
(4) The establishment of training exercises, courses, and other training procedures as necessary;
(5) Such other rules as may be reasonably necessary to carry out the intent of RCW 90.56.100.
[ 1994 c 264 § 95; 1990 c 116 § 13. Formerly RCW 90.48.388.]
NOTES:
Findings—Severability—1990 c 116: See notes following RCW 90.56.210.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.56 - Oil and Hazardous Substance Spill Prevention and Response. › 90.56.2101 - Contingency plans—Department to update rules.

RCW 90.56.2101
Contingency plans—Department to update rules.
By December 31, 2019, consistent with the authority under RCW 90.56.210, the department must update rules for contingency plans to require:
(1) Covered facilities to address situations where oils, depending on their qualities, weathering, environmental factors, and method of discharge, may submerge or sink in water; and
(2) Standards for best achievable protection for situations involving the oils in subsection (1) of this section.
[ 2018 c 262 § 302.]
NOTES:
Findings—Intent—Report—2018 c 262: See notes following RCW 82.23B.010.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.56 - Oil and Hazardous Substance Spill Prevention and Response. › 90.56.220 - Facility operation standards.

RCW 90.56.220
Facility operation standards.
(1) The department by rule shall adopt standards for onshore and offshore facilities regarding the equipment and operation of the facilities with respect to the transfer, storage, and handling of oil to ensure that the best achievable protection of the public health and the environment is employed at all times. The department shall implement a program to provide for the inspection of all onshore and offshore facilities on a regular schedule to ensure that each facility is in compliance with the standards.
(2) The department shall adopt rules for certification of supervisory and other key personnel in charge of the transfer, storage, and handling of oil at onshore and offshore facilities. The rules shall include, but are not limited to:
(a) Minimum training requirements for all facility workers involved in the transfer, storage, and handling of oil at a facility;
(b) Provisions for periodic renewal of certificates for supervisory and other key personnel involved in the transfer, storage, and handling of oil at the facility; and
(c) Continuing education requirements.
(3) The rules adopted by the department shall not conflict with or modify standards imposed pursuant to federal or state laws regulating worker safety.
[ 1991 c 200 § 203.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.56 - Oil and Hazardous Substance Spill Prevention and Response. › 90.56.230 - Operations manuals.

RCW 90.56.230
Operations manuals.
(1) Each owner or operator of an onshore or offshore facility shall prepare an operations manual describing equipment and procedures involving the transfer, storage, and handling of oil that the operator employs or will employ for best achievable protection for the public health and the environment and to prevent oil spills in the navigable waters. The operations manual shall also describe equipment and procedures required for all vessels to or from which oil is transferred through use of the facility. The operations manual shall be submitted to the department for approval.
(2) Every existing onshore and offshore facility shall prepare and submit to the department its operations manual within eighteen months after the department has adopted rules governing the content of the manual.
(3) The department shall approve an operations manual for an onshore or offshore facility if the manual complies with the rules adopted by the department. If the department determines a manual does not comply with the rules, it shall provide written reasons for the decision. The owner or operator shall resubmit the manual within ninety days of notification of the reasons for noncompliance, responding to the reasons and incorporating any suggested modifications.
(4) The approval of an operations manual shall be valid for five years. The owner or operator of the facility shall notify the department in writing immediately of any significant change in its operations affecting its operations manual. The department may require the owner or operator to modify its operations manual as a result of these changes.
(5) All equipment and operations of an operator's onshore or offshore facility shall be maintained and carried out in accordance with the facility's operations manual. The owner or operator of the facility shall ensure that all covered vessels docked at an onshore or offshore facility comply with the terms of the operations manual for the facility.
[ 1991 c 200 § 204.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.56 - Oil and Hazardous Substance Spill Prevention and Response. › 90.56.240 - Standards for spill management, cleanup, and containment services contractors.

RCW 90.56.240
Standards for spill management, cleanup, and containment services contractors.
(1) The department shall by rule establish standards for persons who contract to provide spill management, cleanup, and containment services under contingency plans approved under RCW 90.56.210.
(2) For the purposes of this section, "spill management" means managing:
(a) Some or all aspects of a response, containment, and cleanup of a spill, and utilizing an incident command or unified command structure; or
(b) Wildlife rehabilitation and recovery services for a spill response.
[ 2018 c 262 § 303; 1990 c 116 § 4. Formerly RCW 90.48.372.]
NOTES:
Findings—Intent—Report—2018 c 262: See notes following RCW 82.23B.010.
Findings—Severability—1990 c 116: See notes following RCW 90.56.210.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.56 - Oil and Hazardous Substance Spill Prevention and Response. › 90.56.250 - Index of prevention plans and contingency plans—Equipment inventory.

RCW 90.56.250
Index of prevention plans and contingency plans—Equipment inventory.
The department shall annually publish an index of available, up-to-date descriptions of prevention plans and contingency plans for oil spills submitted and approved pursuant to RCW 90.56.200, 90.56.210, 88.46.040, and 88.46.060 and an inventory of equipment available for responding to such spills.
[ 1991 c 200 § 205; 1990 c 116 § 5. Formerly RCW 90.48.373.]
NOTES:
Findings—Severability—1990 c 116: See notes following RCW 90.56.210.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.56 - Oil and Hazardous Substance Spill Prevention and Response. › 90.56.260 - Adequacy of contingency plans—Practice drills—Report.

RCW 90.56.260
Adequacy of contingency plans—Practice drills—Report.
The department shall by rule adopt procedures to determine the adequacy of contingency plans approved under RCW 90.56.210. The rules shall require random practice drills without prior notice that will test the adequacy of the responding entities. The rules may provide for unannounced practice drills of individual contingency plans. The department shall review and publish a report on the drills, including an assessment of response time and available equipment and personnel compared to those listed in the contingency plans relying on the responding entities, and requirements, if any, for changes in the plans or their implementation. The department may require additional drills and changes in arrangements for implementing approved plans which are necessary to ensure their effective implementation.
[ 1990 c 116 § 6. Formerly RCW 90.48.374.]
NOTES:
Findings—Severability—1990 c 116: See notes following RCW 90.56.210.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.56 - Oil and Hazardous Substance Spill Prevention and Response. › 90.56.270 - Enforcement of contingency plans.

RCW 90.56.270
Enforcement of contingency plans.
(1) The provisions of contingency plans approved by the department under RCW 90.56.210 and prevention plans approved by the department pursuant to RCW 90.56.200 shall be legally binding on those persons submitting them to the department and on their successors, assigns, agents, and employees. The superior court shall have jurisdiction to restrain a violation of, compel specific performance of, or otherwise to enforce such plans upon application by the department. The department may issue an order pursuant to chapter 34.05 RCW requiring compliance with a contingency plan or a prevention plan and may impose administrative penalties under RCW 43.21B.300 for failure to comply with a plan. An order under this section is not subject to review by the pollution control hearings board as provided in RCW 43.21B.110.
(2)(a) Any person responsible or potentially responsible for a discharge, all of the agents and employees of that person, the operators of all vessels docked at an onshore or offshore facility that is a source of a discharge, and all state and local agencies shall carry out response and cleanup operations in accordance with applicable contingency plans, unless directed otherwise by the director or the coast guard. Except as provided in (b) of this subsection, the responsible party, potentially responsible parties, their agents and employees, the operators of all vessels docked at an onshore or offshore facility that is the source of the discharge, and all state and local agencies shall carry out whatever direction is given by the director in connection with the response, containment, and cleanup of the spill, if the directions are not in direct conflict with the directions of the coast guard.
(b) If a responsible party or potentially responsible party reasonably, and in good faith, believes that the directions or orders given by the director pursuant to (a) of this subsection will substantially endanger the public safety or the environment, the party may refuse to act in compliance with the orders or directions of the director. The responsible party or potentially responsible party shall state, at the time of the refusal, the reasons why the party refuses to follow the orders or directions of the director. The responsible party or potentially responsible party shall give the director written notice of the reasons for the refusal within forty-eight hours of refusing to follow the orders or directions of the director. In any civil or criminal proceeding commenced pursuant to this section, the burden of proof shall be on the responsible party or potentially responsible party to demonstrate, by clear and convincing evidence, why the refusal to follow the orders or directions of the director was justified under the circumstances.
[ 1991 c 200 § 206; 1990 c 116 § 7. Formerly RCW 90.48.375.]
NOTES:
Findings—Severability—1990 c 116: See notes following RCW 90.56.210.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.56 - Oil and Hazardous Substance Spill Prevention and Response. › 90.56.275 - Joint large-scale, multiple plan equipment deployment drills of onshore and offshore facilities and covered vessels—Requirements.

RCW 90.56.275
Joint large-scale, multiple plan equipment deployment drills of onshore and offshore facilities and covered vessels—Requirements.
(1) The department is responsible for requiring joint large-scale, multiple plan equipment deployment drills of onshore and offshore facilities and covered vessels under chapter 88.46 RCW to determine the adequacy of the owner's or operator's compliance with the contingency plan requirements of this chapter and chapter 88.46 RCW. The department must order at least one drill as outlined in this section every three years, which must address situations where oils, depending on their qualities, weathering, environmental factors, and method of discharge, may submerge or sink in water.
(2) Drills required under this section must focus on, at a minimum, the following:
(a) The functional ability for multiple contingency plans to be simultaneously activated with the purpose of testing the ability for dedicated equipment and trained personnel cited in multiple contingency plans to be activated in a large-scale spill; and
(b) The operational readiness during both the first six hours of a spill and, at the department's discretion, over multiple operational periods of response.
(3) Drills required under this section may be incorporated into other drill requirements under this chapter to avoid increasing the number of drills and equipment deployments otherwise required.
(4) Each successful drill conducted under this section may be considered by the department as a drill of the underlying contingency plan and credit may be awarded to the plan holder accordingly.
(5) The department must prioritize drills for situations where oils, depending on their qualities, weathering, environmental factors, and method of discharge, may submerge or sink in water.
[ 2018 c 262 § 305.]
NOTES:
Findings—Intent—Report—2018 c 262: See notes following RCW 82.23B.010.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.56 - Oil and Hazardous Substance Spill Prevention and Response. › 90.56.280 - Duty to notify coast guard and division of emergency management of discharge.

RCW 90.56.280
Duty to notify coast guard and division of emergency management of discharge.
It shall be the duty of any person discharging oil or hazardous substances or otherwise causing, permitting, or allowing the same to enter the waters of the state, unless the discharge or entry was expressly authorized by the department prior thereto or authorized by operation of law under RCW 90.48.200, to immediately notify the coast guard and the division of emergency management. The notice to the division of emergency management within the department of commerce shall be made to the division's twenty-four hour statewide toll-free number established for reporting emergencies.
[ 2023 c 470 § 2130; 1995 c 399 § 218; 1990 c 116 § 24; 1987 c 109 § 152; 1969 ex.s. c 133 § 9. Formerly RCW 90.48.360.]
NOTES:
Explanatory statement—2023 c 470: See note following RCW 10.99.030.
Findings—Severability—1990 c 116: See notes following RCW 90.56.210.
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.56 - Oil and Hazardous Substance Spill Prevention and Response. › 90.56.300 - Unlawful operation of facility—Criminal penalties.

RCW 90.56.300
Unlawful operation of facility—Criminal penalties.
(1) Except as provided in subsection (3) of this section, it shall be unlawful for the owner or operator to knowingly and intentionally operate in this state or on the waters of this state an onshore or offshore facility without an approved contingency plan or an approved prevention plan as required by this chapter, or financial responsibility in compliance with chapter 88.40 RCW and the federal oil pollution act of 1990.
(2)(a) The first conviction under this section is a gross misdemeanor under chapter 9A.20 RCW.
(b) A second or subsequent conviction is a class C felony under chapter 9A.20 RCW.
(3) It shall not be unlawful for the owner or operator to operate an onshore or offshore facility if:
(a) The facility is not required to have a contingency plan, spill prevention plan, or financial responsibility; or
(b) All required plans have been submitted to the department as required by RCW 90.56.210 and rules adopted by the department and the department is reviewing the plan and has not denied approval.
(4) A person may rely on a copy of the statement issued by the department pursuant to *RCW 90.56.210(7) as evidence that a facility has an approved contingency plan and the statement issued pursuant to **RCW 90.56.200(4) that a facility has an approved prevention plan.
[ 2003 c 53 § 420; 1992 c 73 § 34; 1991 c 200 § 301; 1990 c 116 § 8. Formerly RCW 90.48.376.]
NOTES:
Reviser's note: *(1) RCW 90.56.210 was amended by 2015 c 274 § 5, changing subsection (7) to subsection (8).
**(2) RCW 90.56.200 was amended by 2015 c 274 § 4, changing subsection (4) to subsection (5).
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Effective dates—1992 c 73: See RCW 82.23B.902.
Findings—Severability—1990 c 116: See notes following RCW 90.56.210.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.56 - Oil and Hazardous Substance Spill Prevention and Response. › 90.56.310 - Operation of a facility or vessel without contingency or prevention plan or financial responsibility—Civil penalty.

RCW 90.56.310
Operation of a facility or vessel without contingency or prevention plan or financial responsibility—Civil penalty.
(1) Except as provided in subsection (3) of this section, it shall be unlawful:
(a) For the owner or operator to operate an onshore or offshore facility without an approved contingency plan as required under RCW 90.56.210, a spill prevention plan required by RCW 90.56.200, or financial responsibility in compliance with chapter 88.40 RCW and the federal oil pollution act of 1990; or
(b) For the owner or operator of an onshore or offshore facility to transfer cargo or passengers to or from a covered vessel that does not have an approved contingency plan or an approved prevention plan required under chapter 88.46 RCW or financial responsibility in compliance with chapter 88.40 RCW and the federal oil pollution act of 1990.
(2) The department may assess a civil penalty under RCW 43.21B.300 of up to one hundred thousand dollars against any person who is in violation of this section. Each day that a facility or person is in violation of this section shall be considered a separate violation.
(3) It shall not be unlawful for a facility or other person to operate or accept cargo or passengers from a covered vessel if:
(a) A contingency plan, a prevention plan, or financial responsibility is not required for the facility; or
(b) A contingency and prevention plan has been submitted to the department as required by this chapter and rules adopted by the department and the department is reviewing the plan and has not denied approval.
(4) Any person may rely on a copy of the statement issued by the department pursuant to *RCW 90.56.210(7) as evidence that the facility has an approved contingency plan and the statement issued pursuant to **RCW 90.56.200(4) as evidence that the facility has an approved spill prevention plan. Any person may rely on a copy of the statement issued by the ***office of marine safety, or its successor agency, the department, pursuant to RCW 88.46.060 as evidence that the vessel has an approved contingency plan and the statement issued pursuant to RCW 88.46.040 as evidence that the vessel has an approved prevention plan.
[ 2000 c 69 § 34; 1992 c 73 § 35; 1991 c 200 § 302; 1990 c 116 § 9. Formerly RCW 90.48.377.]
NOTES:
Reviser's note: *(1) RCW 90.56.210 was amended by 2015 c 274 § 5, changing subsection (7) to subsection (8).
**(2) RCW 90.56.200 was amended by 2015 c 274 § 4, changing subsection (4) to subsection (5).
***(3) The office of marine safety was abolished and its powers, duties, and functions transferred to the department of ecology by 1991 c 200 § 430, effective July 1, 1997.
Effective dates—1992 c 73: See RCW 82.23B.902.
Findings—Severability—1990 c 116: See notes following RCW 90.56.210.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.56 - Oil and Hazardous Substance Spill Prevention and Response. › 90.56.320 - Unlawful for oil to enter waters—Exceptions.

RCW 90.56.320
Unlawful for oil to enter waters—Exceptions.
It shall be unlawful, except under the circumstances hereafter described in this section, for oil to enter the waters of the state from any ship or any fixed or mobile facility or installation located offshore or onshore whether publicly or privately operated, regardless of the cause of the entry or fault of the person having control over the oil, or regardless of whether it be the result of intentional or negligent conduct, accident or other cause. This section shall not apply to discharges of oil in the following circumstances:
(1) The person discharging was expressly authorized to do so by the department prior to the entry of the oil into state waters; or
(2) The person discharging was authorized to do so by operation of law as provided in RCW 90.48.200.
[ 1990 c 116 § 17; 1987 c 109 § 146; 1970 ex.s. c 88 § 2; 1969 ex.s. c 133 § 1. Formerly RCW 90.48.320.]
NOTES:
Findings—Severability—1990 c 116: See notes following RCW 90.56.210.
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.56 - Oil and Hazardous Substance Spill Prevention and Response. › 90.56.330 - Additional penalties.

RCW 90.56.330
Additional penalties.
(1) Except as otherwise provided in RCW 90.56.390, any person who negligently discharges oil, or causes or permits the entry of the same, shall incur, in addition to any other penalty as provided by law, a penalty in an amount of up to one hundred thousand dollars for every such violation, and for each day the spill poses risks to the environment as determined by the director. Any person who intentionally or recklessly discharges or causes or permits the entry of oil into the waters of the state shall incur, in addition to any other penalty authorized by law, a penalty of up to five hundred thousand dollars for every such violation and for each day the spill poses risks to the environment as determined by the director. The amount of the penalty shall be determined by the director after taking into consideration the size of the business of the violator, the gravity of the violation, the previous record of the violator in complying, or failing to comply, with the provisions of chapter 90.48 RCW, the speed and thoroughness of the collection and removal of the oil, and such other considerations as the director deems appropriate. Every act of commission or omission which procures, aids or abets in the violation shall be considered a violation under the provisions of this section and subject to the penalty herein provided for. The penalty provided for in this section shall be imposed pursuant to RCW 43.21B.300.
(2) The director may impose the penalty authorized under subsection (1) of this section, in addition to any other assessment for damages the director is authorized to impose pursuant to law, if the discharge of oil is at an energy facility regulated by the energy facility site evaluation council.
(3) Any penalty recovered pursuant to this section shall be credited to the coastal protection fund created in RCW 90.48.390.
[ 2015 3rd sp.s. c 39 § 4; 2007 c 347 § 3; 1992 c 73 § 36; 1990 c 116 § 20; 1989 c 388 § 9; 1987 c 109 § 20; 1985 c 316 § 7; 1970 ex.s. c 88 § 9; 1969 ex.s. c 133 § 7. Formerly RCW 90.48.350.]
NOTES:
Findings—Intent—2015 3rd sp.s. c 39: See note following RCW 80.50.150.
Effective dates—1992 c 73: See RCW 82.23B.902.
Findings—Severability—1990 c 116: See notes following RCW 90.56.210.
Intent—Application—Captions—Severability—1989 c 388: See notes following RCW 90.56.010.
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.56 - Oil and Hazardous Substance Spill Prevention and Response. › 90.56.340 - Duty to remove oil.

RCW 90.56.340
Duty to remove oil.
It shall be the obligation of any person owning or having control over oil entering waters of the state in violation of RCW 90.56.320 to immediately collect and remove the same. If it is not feasible to collect and remove, said person shall take all practicable actions to contain, treat and disperse the same. The director shall prohibit or restrict the use of any chemicals or other dispersant or treatment materials proposed for use under this section whenever it appears to the director that use thereof would be detrimental to the public interest.
[ 1991 c 200 § 303; 1970 ex.s. c 88 § 3; 1969 ex.s. c 133 § 2. Formerly RCW 90.48.325.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.56 - Oil and Hazardous Substance Spill Prevention and Response. › 90.56.350 - Investigation, removal, containment, treatment, or dispersal of oil and hazardous substances—Record of expenses.

RCW 90.56.350
Investigation, removal, containment, treatment, or dispersal of oil and hazardous substances—Record of expenses.
The department shall take all actions necessary to respond to a substantial threat of a discharge of oil or hazardous substances into the waters of this state or to collect, investigate, perform surveillance over, remove, contain, treat, or disperse oil or hazardous substances discharged into waters of the state. The department shall keep a record of all necessary expenses incurred in carrying out any project or activity authorized under this section, including a reasonable charge for the services performed by the state's personnel and the state's equipment and materials utilized. The authority granted hereunder shall be limited to projects and activities which are designed to protect the public interest or public property. The department may use staff, equipment, and material under its control, or contract with others, to carry out its responsibilities under this section.
[ 1990 c 116 § 21; 1987 c 109 § 147; 1970 ex.s. c 88 § 4; 1969 ex.s. c 133 § 3. Formerly RCW 90.48.330.]
NOTES:
Findings—Severability—1990 c 116: See notes following RCW 90.56.210.
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.56 - Oil and Hazardous Substance Spill Prevention and Response. › 90.56.360 - Liability for expenses.

RCW 90.56.360
Liability for expenses.
Any person who unlawfully discharges oil or hazardous substances into the waters of the state or who poses a substantial threat of discharging oil or hazardous substances into the waters of the state shall be responsible for the necessary expenses incurred by the state in carrying out a project or activity authorized under RCW 90.56.350.
[ 1990 c 116 § 22; 1970 ex.s. c 88 § 5; 1969 ex.s. c 133 § 4. Formerly RCW 90.48.335.]
NOTES:
Findings—Severability—1990 c 116: See notes following RCW 90.56.210.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.56 - Oil and Hazardous Substance Spill Prevention and Response. › 90.56.370 - Strict liability of owner or controller of oil—Damages—Exceptions.

RCW 90.56.370
Strict liability of owner or controller of oil—Damages—Exceptions.
(1) Any person owning oil or having control over oil that enters the waters of the state in violation of RCW 90.56.320 shall be strictly liable, without regard to fault, for the damages to persons or property, public or private, caused by such entry.
(2) Damages for which responsible parties are liable under this section include loss of income, net revenue, the means of producing income or revenue, or an economic benefit resulting from an injury to or loss of real or personal property or natural resources.
(3) Damages for which responsible parties are liable under this section include damages provided in subsections (1) and (2) of this section resulting from the use and deployment of chemical dispersants or from in situ burning in response to a violation of RCW 90.56.320.
(4) In any action to recover damages resulting from the discharge of oil in violation of RCW 90.56.320, the owner or person having control over the oil shall be relieved from strict liability, without regard to fault, if that person can prove that the discharge was caused solely by:
(a) An act of war or sabotage;
(b) An act of God;
(c) Negligence on the part of the United States government; or
(d) Negligence on the part of the state of Washington.
(5) The liability established in this section shall in no way affect the rights which: (a) The owner or other person having control over the oil may have against any person whose acts may in any way have caused or contributed to the discharge of oil, or (b) the state of Washington may have against any person whose actions may have caused or contributed to the discharge of oil.
[ 2011 c 122 § 10; 2000 c 69 § 21; 1990 c 116 § 18; 1970 ex.s. c 88 § 6. Formerly RCW 90.48.336.]
NOTES:
Prospective application—1990 c 116 § 18(2): "The section 18(2), chapter 116, Laws of 1990 changes requiring the defenses in that subsection to be the sole causes of the discharge, and the text of section 18(2)(b), chapter 116, Laws of 1990 shall apply prospectively and not retroactively after June 7, 1990." [ 2000 c 69 § 26.]
Findings—Severability—1990 c 116: See notes following RCW 90.56.210.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.56 - Oil and Hazardous Substance Spill Prevention and Response. › 90.56.380 - Liability of others for cleanup expenses.

RCW 90.56.380
Liability of others for cleanup expenses.
In addition to any cause of action the state may have to recover necessary expenses for the cleanup of oil pursuant to RCW 90.56.340 and 90.56.330, and except as otherwise provided in RCW 90.56.390, any other person causing the entry of oil shall be directly liable to the state for the necessary expenses of oil cleanup arising from such entry and the state shall have a cause of action to recover from any or all of said persons. Except as otherwise provided in RCW 90.56.390, any person liable for cost of oil cleanup as provided in RCW 90.56.340 and 90.56.330 shall have a cause of action to recover for costs of cleanup from any other person causing the entry of oil into the waters of the state including any amount recoverable by the state as necessary expenses under RCW 90.56.330.
[ 1992 c 73 § 37; 1990 c 116 § 19; 1970 ex.s. c 88 § 7. Formerly RCW 90.48.338.]
NOTES:
Effective dates—1992 c 73: See RCW 82.23B.902.
Findings—Severability—1990 c 116: See notes following RCW 90.56.210.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.56 - Oil and Hazardous Substance Spill Prevention and Response. › 90.56.390 - Liability for removal costs.

RCW 90.56.390
Liability for removal costs.
(1)(a) A person is not liable for removal costs or damages that result from actions taken or omitted to be taken in the course of rendering care, assistance, or advice consistent with the national contingency plan or as otherwise directed by the federal on-scene coordinator or by the official within the department with responsibility for oil spill response. This subsection (1)(a) does not apply:
(i) To a responsible party;
(ii) With respect to personal injury or wrongful death; or
(iii) If the person is grossly negligent or engages in willful misconduct.
(b) A responsible party is liable for any removal costs and damages that another person is relieved of under (a) of this subsection.
(c) Nothing in this section affects the liability of a responsible party for oil spill response under state law.
(2) For the purposes of this section:
(a) "Damages" means damages of any kind for which liability may exist under the laws of this state resulting from, arising out of, or related to the discharge or threatened discharge of oil.
(b) "Federal on-scene coordinator" means the federal official predesignated by the United States environmental protection agency or the United States coast guard to coordinate and direct federal responses under subpart D, or the official designated by the lead agency to coordinate and direct removal under subpart E, of the national contingency plan.
(c) "National contingency plan" means the national contingency plan prepared and published under section 311(d) of the federal water pollution control act (33 U.S.C. Sec. 1321(d)), as amended by the oil pollution act of 1990 (P.L. 101-380, 104 Stat. 484 (1990)).
(d) "Removal costs" means the costs of removal that are incurred after a discharge of oil has occurred or, in any case in which there is a substantial threat of a discharge of oil, the costs to prevent, minimize, or mitigate oil pollution from such an incident.
(e) "Responsible party" means a person liable under RCW 90.56.370.
[ 1992 c 73 § 38; 1991 c 200 § 304.]
NOTES:
Effective dates—1992 c 73: See RCW 82.23B.902.