reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.20B - Revenue Recovery for Department of Social and Health Services. › 43.20B.680 - Vendor overpayments—Lien or other security—Setoff or recoupment—Exception.

RCW 43.20B.680
Vendor overpayments—Lien or other security—Setoff or recoupment—Exception.
(1) The department may, at the secretary's discretion, secure the repayment of any outstanding overpayment, plus interest, if any, through the filing of a lien against the vendor's real property, or by requiring the posting of a bond, assignment of deposit, or some other form of security acceptable to the department, or by doing both.
(a) Any lien shall be effective from the date of filing for record with the county auditor of the county in which the property is located and the lien claim shall have preference over the claims of all unsecured creditors.
(b) The department shall review and determine the acceptability of all other forms of security.
(c) Any bond must be issued by a company licensed as a surety in the state of Washington.
(d) This subsection does not apply to nursing homes licensed under chapter 18.51 RCW or portions of hospitals licensed under chapter 70.41 RCW and operating as a nursing home, if those facilities are subject to chapter 74.46 RCW.
(2) The department may recover any overpayment, plus interest, if any, by setoff or recoupment against subsequent payments to the vendor.
[ 1987 c 283 § 10.]
NOTES:
Severability—Savings—1987 c 283: See notes following RCW 43.20A.020.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.20B - Revenue Recovery for Department of Social and Health Services. › 43.20B.685 - Vendor overpayments—Liens—Duration—Enforcement.

RCW 43.20B.685
Vendor overpayments—Liens—Duration—Enforcement.
Liens created under RCW 43.20B.680 shall bind the affected property for a period of ten years after the lien has been recorded or ten years after the resolution of all good faith disputes as to the overpayment, whichever is later. Any civil action by the department to enforce such lien must be timely commenced before the ten-year period expires or the lien shall be released. A civil action to enforce such lien shall not be timely commenced unless the summons and complaint are filed within the ten-year period in a court having jurisdiction and service of the summons and complaint is made upon all parties in the manner prescribed by appropriate civil court rules.
[ 1987 c 283 § 11.]
NOTES:
Severability—Savings—1987 c 283: See notes following RCW 43.20A.020.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.20B - Revenue Recovery for Department of Social and Health Services. › 43.20B.688 - Limitation on actions to enforce vendor overpayment debts.

RCW 43.20B.688
Limitation on actions to enforce vendor overpayment debts.
Any action to enforce a vendor overpayment debt shall be commenced within six years from the date of the department's notice to the vendor.
[ 1987 c 283 § 15. Formerly RCW 43.20A.440.]
NOTES:
Severability—Savings—1987 c 283: See notes following RCW 43.20A.020.
Vendor overpayments: RCW 43.20B.680 through 43.20B.695.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.20B - Revenue Recovery for Department of Social and Health Services. › 43.20B.690 - Vendor overpayments—Remedies nonexclusive.

RCW 43.20B.690
Vendor overpayments—Remedies nonexclusive.
The remedies under RCW 43.20B.680 and 43.20B.685 are nonexclusive and nothing contained in this chapter may be construed to impair or affect the right of the department to maintain a civil action or to pursue any other remedies available to it under the laws of this state to recover such debt.
[ 1987 c 283 § 12.]
NOTES:
Severability—Savings—1987 c 283: See notes following RCW 43.20A.020.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.20B - Revenue Recovery for Department of Social and Health Services. › 43.20B.695 - Vendor overpayments—Interest—Exceptions.

RCW 43.20B.695
Vendor overpayments—Interest—Exceptions.
(1) Except as provided in subsection (4) of this section, vendors shall pay interest on overpayments at the rate of one percent per month or portion thereof. Where partial repayment of an overpayment is made, interest accrues on the remaining balance. Interest will not accrue when the overpayment occurred due to department error.
(2) If the overpayment is discovered by the vendor prior to discovery and notice by the department, the interest shall begin accruing ninety days after the vendor notifies the department of such overpayment.
(3) If the overpayment is discovered by the department prior to discovery and notice by the vendor, the interest shall begin accruing thirty days after the date of notice by the department to the vendor.
(4) This section does not apply to:
(a) Interagency or intergovernmental transactions;
(b) Contracts for public works, goods and services procured for the exclusive use of the department, equipment, or travel; and
(c) Contracts entered into before September 1, 1979, for contracts with medical assistance funding, and August 23, 1983, for all other contracts.
[ 2008 c 53 § 1; 1987 c 283 § 2; 1983 1st ex.s. c 41 § 17. Formerly RCW 43.20A.435.]
NOTES:
Severability—Savings—1987 c 283: See notes following RCW 43.20A.020.
Savings—1983 1st ex.s. c 41 § 17: "The enactment of section 17 of this act shall not have the effect of terminating or in any way modifying any liability, civil or criminal, which is already in existence on August 23, 1983." [ 1983 1st ex.s. c 41 § 18.]
Severability—1983 1st ex.s. c 41: See note following RCW 26.09.060.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.20B - Revenue Recovery for Department of Social and Health Services. › 43.20B.710 - Medical assistance—Improper transfer or assignment of resources—Penalty—Presumption, rebuttal—Attorney's fees.

RCW 43.20B.710
Medical assistance—Improper transfer or assignment of resources—Penalty—Presumption, rebuttal—Attorney's fees.
If cash or resources are improperly transferred or assigned under *RCW 74.09.538, a person who knowingly or willingly receives the assets for less than fair market value is liable for a civil penalty equal to the uncompensated value of the cash or resources transferred or assigned at less than fair market value. The civil penalty shall not exceed the cost of assistance rendered by the department to the applicant or recipient. The person may rebut the presumption that the transfer or assignment was made for the purpose of enabling the applicant or recipient to qualify or continue to qualify for assistance. The prevailing party in such an action shall be awarded reasonable attorney's fees.
[ 1987 c 75 § 47.]
NOTES:
*Reviser's note: RCW 74.09.538 was repealed by 1989 c 87 § 11.
Transfer of spousal resources: RCW 74.09.530 through 74.09.595.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.20B - Revenue Recovery for Department of Social and Health Services. › 43.20B.720 - Recipient receiving industrial insurance compensation—Subrogation rights of department—Lien—Withhold and deliver notice.

RCW 43.20B.720
Recipient receiving industrial insurance compensation—Subrogation rights of department—Lien—Withhold and deliver notice.
(1) To avoid a duplicate payment of benefits, a recipient of public assistance from the department of social and health services is deemed to have subrogated the department to the recipient's right to recover temporary total disability compensation due to the recipient and the recipient's dependents under Title 51 RCW, to the extent of such assistance or compensation, whichever is less. However, the amount to be repaid to the department of social and health services shall bear its proportionate share of attorney's fees and costs, if any, incurred under Title 51 RCW by the recipient or the recipient's dependents.
(2) The department of social and health services may assert and enforce a lien and notice to withhold and deliver to secure reimbursement. The department shall identify in the lien and notice to withhold and deliver the recipient of public assistance and temporary total disability compensation and the amount claimed by the department.
[ 1997 c 130 § 1; 1985 c 245 § 7; 1982 c 201 § 17; 1973 1st ex.s. c 102 § 1. Formerly RCW 74.04.530.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.20B - Revenue Recovery for Department of Social and Health Services. › 43.20B.730 - Recipient receiving industrial insurance compensation—Effective date of lien and notice—Service.

RCW 43.20B.730
Recipient receiving industrial insurance compensation—Effective date of lien and notice—Service.
The effective date of the lien and notice to withhold and deliver provided in RCW 43.20B.720 is the day that it is received by the department of labor and industries or a self-insurer as defined in chapter 51.08 RCW. Service of the lien and notice to withhold and deliver may be made personally, by regular mail with postage prepaid, or by electronic means. A statement of lien and notice to withhold and deliver shall be mailed to the recipient at the recipient's last known address by certified mail, return receipt requested, no later than two business days after the department mails, delivers, or transmits the lien and notice to withhold and deliver to the department of labor and industries or a self-insurer.
[ 1997 c 130 § 2; 1987 c 75 § 34; 1985 c 245 § 9; 1973 1st ex.s. c 102 § 3. Formerly RCW 74.04.550.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.20B - Revenue Recovery for Department of Social and Health Services. › 43.20B.735 - Recipient receiving industrial insurance compensation—Duty to withhold and deliver—Amount.

RCW 43.20B.735
Recipient receiving industrial insurance compensation—Duty to withhold and deliver—Amount.
The director of labor and industries or the director's designee, or a self-insurer as defined in chapter 51.08 RCW, following receipt of the lien and notice to withhold and deliver, shall deliver to the secretary of social and health services or the secretary's designee any temporary total disability compensation payable to the recipient named in the lien and notice to withhold and deliver up to the amount claimed. The director of labor and industries or self-insurer shall withhold and deliver from funds currently in the director's or self-insurer's possession or from any funds that may at any time come into the director's or self-insurer's possession on account of temporary total disability compensation payable to the recipient named in the lien and notice to withhold and deliver.
[ 1997 c 130 § 3; 1973 1st ex.s. c 102 § 4. Formerly RCW 74.04.560.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.20B - Revenue Recovery for Department of Social and Health Services. › 43.20B.740 - Recipient receiving industrial insurance compensation—Adjudicative proceeding—Collection pending final order.

RCW 43.20B.740
Recipient receiving industrial insurance compensation—Adjudicative proceeding—Collection pending final order.
A recipient feeling aggrieved by the action of the department of social and health services in recovering his or her temporary total disability compensation as provided in RCW 43.20B.720 through 43.20B.745 shall have the right to an adjudicative proceeding.
A recipient seeking an adjudicative proceeding shall file an application with the secretary within twenty-eight days after the statement of lien and notice to withhold and deliver was mailed to the recipient. If the recipient files an application more than twenty-eight days after, but within one year of, the date the statement of lien and notice to withhold and deliver was mailed, the recipient is entitled to a hearing if the recipient shows good cause for the recipient's failure to file a timely application. The filing of a late application does not affect prior collection action pending the final adjudicative order. Until good cause for failure to file a timely application is decided, the department may continue to collect under the lien and notice to withhold and deliver.
The proceeding shall be governed by chapter 34.05 RCW, the Administrative Procedure Act.
[ 1997 c 130 § 4; 1989 c 175 § 101; 1987 c 75 § 35; 1973 1st ex.s. c 102 § 5. Formerly RCW 74.04.570.]
NOTES:
Effective date—1989 c 175: See note following RCW 34.05.010.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.20B - Revenue Recovery for Department of Social and Health Services. › 43.20B.745 - Recipient receiving industrial insurance compensation—Application.

RCW 43.20B.745
Recipient receiving industrial insurance compensation—Application.
RCW 43.20B.720 through 43.20B.745 shall not apply to persons whose eligibility for benefits under Title 51 RCW, is based upon an injury or illness occurring prior to July 1, 1972.
[ 1987 c 75 § 36; 1973 1st ex.s. c 102 § 6. Formerly RCW 74.04.580.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.20B - Revenue Recovery for Department of Social and Health Services. › 43.20B.750 - Recipients holding title to real property or purchasing under land sales contracts—Recording request for notice or termination or request for notice of transfer or encumbrance of property—Notice and hearing—Rules.

RCW 43.20B.750
Recipients holding title to real property or purchasing under land sales contracts—Recording request for notice or termination or request for notice of transfer or encumbrance of property—Notice and hearing—Rules.
(1) When an individual receives medical assistance subject to recovery under this chapter and the individual is the holder of record title to real property or the purchaser under a land sale contract, the department of social and health services may present to the county auditor for recording in the deed and mortgage records of a county a request for notice of transfer or encumbrance of the real property. The department shall adopt a rule providing prior notice and hearing rights to the record titleholder or purchaser under a land sale contract.
(2) The department shall present to the county auditor for recording a termination of request for notice of transfer or encumbrance when, in the judgment of the department, it is no longer necessary or appropriate for the department to monitor transfers or encumbrances related to the real property.
(3) The department shall adopt by rule a form for the request for notice of transfer or encumbrance and the termination of request for notice of transfer or encumbrance that, at a minimum:
(a) Contains the name of the public assistance recipient and a departmental case identifier or other appropriate information that links the individual who is the holder of record title to real property or the purchaser under a land sale contract to the individual's public assistance records;
(b) Contains the legal description of the real property;
(c) Contains a mailing address for the department to receive the notice of transfer or encumbrance; and
(d) Complies with the requirements for recording in RCW 36.18.010 for those forms intended to be recorded.
(4) The department shall pay the recording fee required by the county clerk under RCW 36.18.010.
(5) The request for notice of transfer or encumbrance described in this section does not affect title to real property and is not a lien on, encumbrance of, or other interest in the real property.
[ 2005 c 292 § 1.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.20B - Revenue Recovery for Department of Social and Health Services. › 43.20B.900 - Savings—1987 c 75.

RCW 43.20B.900
Savings—1987 c 75.
The enactment of this act shall not have the effect of terminating or in any way modifying any liability, civil or criminal, which is already in existence on July 26, 1987.
[ 1987 c 75 § 48.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.20B - Revenue Recovery for Department of Social and Health Services. › 43.20B.902 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.

RCW 43.20B.902
Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 § 106.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.20C - Evidence-Based and Research-Based Juvenile Prevention and Intervention Services. › 43.20C.005 - Intent.

RCW 43.20C.005
Intent.
(1) The legislature intends that prevention and intervention services delivered to children and juveniles in the areas of mental health, child welfare, and juvenile justice be primarily evidence-based and research-based, and it is anticipated that such services will be provided in a manner that is culturally competent.
(2) The legislature also acknowledges that baseline information is not presently available regarding the extent to which evidence-based and research-based practices are presently available and in use in the areas of children's mental health, child welfare, and juvenile justice; the cost of those practices; and the most effective strategies and appropriate time frames for expecting their broader use. Thus, it would be wise to establish baseline data regarding the use and availability of evidence-based and research-based practices.
(3) It is the intent of the legislature that increased use of evidence-based and research-based practices be accomplished to the extent possible within existing resources by coordinating the purchase of evidence-based services, the development of a trained workforce, and the development of unified and coordinated case plans to provide treatment in a coordinated and consistent manner.
(4) The legislature recognizes that in order to effectively provide evidence-based and research-based practices, contractors should have a workforce trained in these programs, and outcomes from the use of these practices should be monitored.
[ 2012 c 232 § 1.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.20C - Evidence-Based and Research-Based Juvenile Prevention and Intervention Services. › 43.20C.010 - Definitions.

RCW 43.20C.010
Definitions.
For the purposes of this chapter:
(1) "Contractors" does not include county probation staff that provide evidence-based or research-based programs.
(2) "Prevention and intervention services" means services and programs for children and youth and their families that are specifically directed to address behaviors that have resulted or may result in truancy, abuse or neglect, out-of-home placements, chemical dependency, substance abuse, sexual aggressiveness, or mental or emotional disorders.
[ 2012 c 232 § 2.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.20C - Evidence-Based and Research-Based Juvenile Prevention and Intervention Services. › 43.20C.030 - Unified and coordinated case plans—Monitoring and quality control procedures—Quality control and fidelity of implementation.

RCW 43.20C.030
Unified and coordinated case plans—Monitoring and quality control procedures—Quality control and fidelity of implementation.
The department of social and health services, in consultation with a university-based evidence-based practice institute entity in Washington, the Washington partnership council on juvenile justice, the child mental health systems of care planning committee, the children, youth, and family advisory committee, the health care authority, the Washington state racial disproportionality advisory committee, a university-based child welfare research entity in Washington state, behavioral health administrative services organizations established in chapter 71.24 RCW, managed care organizations contracted with the authority under chapter 74.09 RCW, the Washington association of juvenile court administrators, and the Washington state institute for public policy, shall:
(1) Develop strategies to use unified and coordinated case plans for children, youth, and their families who are or are likely to be involved in multiple systems within the department;
(2) Use monitoring and quality control procedures designed to measure fidelity with evidence-based and research-based prevention and treatment programs; and
(3) Utilize any existing data reporting and system of quality management processes at the state and local level for monitoring the quality control and fidelity of the implementation of evidence-based and research-based practices.
[ 2019 c 325 § 5011; 2014 c 225 § 67; 2012 c 232 § 4.]
NOTES:
Effective date—2019 c 325: See note following RCW 71.24.011.
Effective date—2014 c 225: See note following RCW 71.24.016.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.20C - Evidence-Based and Research-Based Juvenile Prevention and Intervention Services. › 43.20C.040 - Federal matching funds—Training funds—Training provider.

RCW 43.20C.040
Federal matching funds—Training funds—Training provider.
(1) The department of social and health services and the health care authority shall identify components of evidence-based practices for which federal matching funds might be claimed and seek such matching funds to support implementation of evidence-based practices.
(2) The department shall efficiently use funds to coordinate training in evidence-based and research-based practices across the programs areas of juvenile justice, children's mental health, and child welfare.
(3) Any child welfare training related to implementation of this chapter must be delivered by the University of Washington school of social work in coordination with the University of Washington evidence-based practice institute.
(4) Nothing in this chapter requires the department or the health care authority to:
(a) Take actions that are in conflict with presidential executive order 13175 or that adversely impact tribal-state consultation protocols or contractual relations; or
(b) Redirect funds in a manner that:
(i) Conflicts with the requirements of the department's section 1915(b) medicaid mental health waiver; or
(ii) Would substantially reduce federal medicaid funding for mental health services or impair access to appropriate and effective services for a substantial number of medicaid clients; or
(c) Undertake actions that, in the context of a lawsuit against the state, are inconsistent with the department's obligations or authority pursuant to a court order or agreement.
[ 2012 c 232 § 5.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21A - Department of Ecology. › 43.21A.010 - Legislative declaration of state policy on environment and utilization of natural resources.

RCW 43.21A.010
Legislative declaration of state policy on environment and utilization of natural resources.
The legislature recognizes and declares it to be the policy of this state, that it is a fundamental and inalienable right of the people of the state of Washington to live in a healthful and pleasant environment and to benefit from the proper development and use of its natural resources. The legislature further recognizes that as the population of our state grows, the need to provide for our increasing industrial, agricultural, residential, social, recreational, economic and other needs will place an increasing responsibility on all segments of our society to plan, coordinate, restore and regulate the utilization of our natural resources in a manner that will protect and conserve our clean air, our pure and abundant waters, and the natural beauty of the state.
[ 1970 ex.s. c 62 § 1.]
NOTES:
Savings—Other powers and rights not affected—Permits, standards, not affected—1970 ex.s. c 62: "The provisions of this act shall not impair or supersede the powers or rights of any person, committee, association, public, municipal or private corporations, state or local governmental agency, federal agency, or political subdivision of the state of Washington under any other law except as specifically provided herein. Pollution control permits, water quality standards, air pollution permits, air quality standards, and permits for disposal of solid waste materials of this state are not changed hereby and the laws governing the same are to be protected and preserved." [ 1970 ex.s. c 62 § 61.]
Effective date—1970 ex.s. c 62: "This 1970 amendatory act shall take effect on July 1, 1970." [ 1970 ex.s. c 62 § 64.]
Severability—1970 ex.s. c 62: "If any provision of this 1970 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances, shall not be affected." [ 1970 ex.s. c 62 § 65.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21A - Department of Ecology. › 43.21A.020 - Purpose.

RCW 43.21A.020
Purpose.
In recognition of the responsibility of state government to carry out the policies set forth in RCW 43.21A.010, it is the purpose of this chapter to establish a single state agency with the authority to manage and develop our air and water resources in an orderly, efficient, and effective manner and to carry out a coordinated program of pollution control involving these and related land resources. To this end a department of ecology is created by this chapter to undertake, in an integrated manner, the various water regulation, management, planning and development programs now authorized to be performed by the department of water resources and the water pollution control commission, the air regulation and management program now performed by the state air pollution control board, the solid waste regulation and management program authorized to be performed by state government as provided by chapter 70A.205 RCW, and such other environmental, management protection and development programs as may be authorized by the legislature.
[ 2020 c 20 § 1030; 1970 ex.s. c 62 § 2.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21A - Department of Ecology. › 43.21A.030 - Definitions.

RCW 43.21A.030
Definitions.
As used in this chapter, unless the context indicates otherwise:
(1) "Department" means the department of ecology.
(2) "Director" means the director of the department of ecology.
(3) "Commission" means the ecological commission.
[ 1970 ex.s. c 62 § 3.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21A - Department of Ecology. › 43.21A.040 - Department of ecology—Created.

RCW 43.21A.040
Department of ecology—Created.
There is created a department of state government to be known as the department of ecology.
[ 1970 ex.s. c 62 § 4.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21A - Department of Ecology. › 43.21A.050 - Department of ecology—Director—Appointment—Powers and duties—Salary—Temporary appointment when vacancy.

RCW 43.21A.050
Department of ecology—Director—Appointment—Powers and duties—Salary—Temporary appointment when vacancy.
The executive and administrative head of the department shall be the director. The director shall be appointed by the governor with the consent of the senate. He or she shall have complete charge of and supervisory powers over the department. He or she shall be paid a salary fixed by the governor in accordance with the provisions of RCW 43.03.040. If a vacancy occurs in the position of director while the senate is not in session, the governor shall make a temporary appointment until the next meeting of the senate at which time he or she shall present to that body his or her nomination for the position.
[ 2009 c 549 § 5081; 1970 ex.s. c 62 § 5.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21A - Department of Ecology. › 43.21A.061 - Powers and duties—Reclamation.

RCW 43.21A.061
Powers and duties—Reclamation.
The department of ecology shall exercise all the powers and perform all the duties prescribed by law with respect to the reclamation and development of arid, swamp, overflow, and logged-off lands in the state and such other duties as may be prescribed by law.
[ 1987 c 109 § 26; 1965 c 8 § 43.21.110. Prior: 1921 c 7 § 70; RRS § 10828. Formerly RCW 43.21.110.]
NOTES:
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21A - Department of Ecology. › 43.21A.067 - Water resources—"Basic data fund" created.

RCW 43.21A.067
Water resources—"Basic data fund" created.
The director of ecology may create within his or her department a fund to be known as the "basic data fund."
Into such fund shall be deposited all moneys contributed by persons for streamflow, groundwater and water quality data or other hydrographic information furnished by the department in cooperation with the United States geological survey, and the fund shall be expended on a matching basis with the United States geological survey for the purpose of obtaining additional basic information needed for an intelligent inventory of water resources in the state.
Disbursements from the basic data fund shall be on vouchers approved by the department and the district engineer of the United States geological survey.
[ 2009 c 549 § 5082; 1987 c 109 § 27; 1967 c 53 § 1; 1965 c 8 § 43.21.140. Prior: 1951 c 57 § 4; 1943 c 30 § 1; Rem. Supp. 1943 § 5505-1. Formerly RCW 43.21.140.]
NOTES:
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21A - Department of Ecology. › 43.21A.068 - Federal power act licensees—Exemption from state requirements.

RCW 43.21A.068
Federal power act licensees—Exemption from state requirements.
(1) With respect to the safety of any dam, canal, ditch, hydraulic power plant, reservoir, project, or other work, system, or plant that requires a license under the federal power act, no licensee shall be required to:
(a) Submit proposals, plans, specifications, or other documents for approval by the department;
(b) Seek a permit, license, or other form, permission, or authorization from the department;
(c) Submit to inspection by the department; or
(d) Change the design, construction, modification, maintenance, or operation of such facilities at the demand of the department.
(2) For the purposes of this section, "licensee" means an owner or operator, or any employee thereof, of a dam, canal, ditch, hydraulic power plant, reservoir, project, or other work, system, or plant that requires a license under the federal power act.
[ 1995 c 8 § 2.]
NOTES:
Findings—1995 c 8: See note following RCW 43.21A.064.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21A - Department of Ecology. › 43.21A.069 - Powers and duties—Flood control.

RCW 43.21A.069
Powers and duties—Flood control.
The department of ecology shall exercise all the powers and perform all the duties prescribed by law with respect to flood control.
[ 1987 c 109 § 28; 1965 c 8 § 43.21.160. Prior: 1941 c 204 § 2, part; Rem. Supp. 1941 § 9663F-2, part. Formerly RCW 43.21.160.]
NOTES:
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21A - Department of Ecology. › 43.21A.070 - Application of administrative procedure act to the review of decisions by director.

RCW 43.21A.070
Application of administrative procedure act to the review of decisions by director.
The administrative procedure act, chapter 34.05 RCW, shall apply to the review of decisions by the director to the same extent as it applied to decisions issued by the directors of the various departments whose powers, duties and functions are transferred by chapter 62, Laws of 1970 ex. sess. to the department of ecology. The administrative procedure act shall further apply to all other decisions of the director as in chapter 34.05 RCW provided.
[ 1970 ex.s. c 62 § 7.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21A - Department of Ecology. › 43.21A.080 - Rule-making authority.

RCW 43.21A.080
Rule-making authority.
The director of the department of ecology is authorized to adopt such rules and regulations as are necessary and appropriate to carry out the provisions of this chapter: PROVIDED, That the director may not adopt rules after July 23, 1995, that are based solely on a section of law stating a statute's intent or purpose, on the enabling provisions of the statute establishing the agency, or on any combination of such provisions, for statutory authority to adopt the rule.
[ 1995 c 403 § 103; 1970 ex.s. c 62 § 8.]
NOTES:
Findings—Short title—Intent—1995 c 403: See note following RCW 34.05.328.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21A - Department of Ecology. › 43.21A.081 - Five-year formal review process of existing rules.

RCW 43.21A.081
Five-year formal review process of existing rules.
The department of ecology must establish and perform, within existing funds, a formal review process of its existing rules every five years. The goal of the review is to decrease the numbers of, simplify the process, and decrease the time required for obtaining licenses, permits, and inspections, as applicable, in order to reduce the regulatory burden on businesses without compromising public health and safety. Benchmarks must be adopted to assess the effectiveness of streamlining efforts. The department must establish a process for effectively applying sunset provisions to rules when applicable. The department must report back to the applicable committees of the legislature with its review process and benchmarks by January 2014.
[ 2013 2nd sp.s. c 30 § 2.]
NOTES:
Findings—Intent—2013 2nd sp.s. c 30: "The legislature finds that regulatory processes impose significant costs on doing business and significantly influence investment behavior, location decisions, start-up activity, expansions, and hiring. The legislature further finds that, for more than a decade, the executive and legislative branches have called upon state agencies to review their regulations to achieve meaningful regulatory reform and improve the regulatory climate for Washington businesses. However, a 2012 performance audit conducted by the state auditor's office found that the departments of ecology, health, and labor and industries have not adopted sufficient streamlining processes or formally measured the results of their streamlining activities. Thus, it is the intent of the legislature to formally direct these three state agencies to achieve the regulatory reform that has been repeatedly called for by the governor and the legislature." [ 2013 2nd sp.s. c 30 § 1.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21A - Department of Ecology. › 43.21A.085 - Technical assistance officer and units—Coordination of voluntary compliance with regulatory laws.

RCW 43.21A.085
Technical assistance officer and units—Coordination of voluntary compliance with regulatory laws.
The department, to the greatest extent possible, within available resources and without jeopardizing the department's ability to carry out its legal responsibilities, may designate one or more of its employees as a technical assistance officer, and may organize the officers into one or more technical assistance units within the department. The duties of a technical assistance officer are to coordinate voluntary compliance with the regulatory laws administered by the department and to provide technical assistance concerning compliance with the laws.
[ 1992 c 19 § 1.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21A - Department of Ecology. › 43.21A.087 - Technical assistance officer and units—Authority to issue orders or assess penalties.

RCW 43.21A.087
Technical assistance officer and units—Authority to issue orders or assess penalties.
(1) An employee designated by the department as a technical assistance officer or as a member of a technical assistance unit may not, during the period of the designation, have authority to issue orders or assess penalties on behalf of the department. Such an employee who provides on-site consultation at an industrial or commercial facility and who observes violations of the law shall inform the owner or operator of the facility of the violations. On-site consultation visits by such an employee may not be regarded as inspections or investigations and no notices or citations may be issued or civil penalties assessed during such a visit. However, violations of the law must be reported to the appropriate officers within the department. If the owner or operator of the facility does not correct the observed violations within a reasonable time, the department may reinspect the facility and take appropriate enforcement action. If a technical assistance officer or member of a technical assistance unit observes a violation of the law that places a person in danger of death or substantial bodily harm, or has caused or is likely to cause physical damage to the property of others in an amount exceeding one thousand dollars, the department may initiate enforcement action immediately upon observing the violation.
(2) The state, the department, and officers or employees of the state shall not be liable for damages to a person to the extent that liability is asserted to arise from the performance by technical assistance officers of their duties, or if liability is asserted to arise from the failure of the department to supply technical assistance.
[ 1992 c 19 § 2.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21A - Department of Ecology. › 43.21A.090 - Powers, duties and functions transferred to department to be performed by director—Delegation by director, limitations.

RCW 43.21A.090
Powers, duties and functions transferred to department to be performed by director—Delegation by director, limitations.
All powers, duties and functions transferred to the department by the terms of chapter 62, Laws of 1970 ex. sess. shall be performed by the director: PROVIDED, That the director may delegate, by appropriate rule or regulation, the performance of such of his or her powers, duties, and functions, other than those relating to the adoption, amendment or rescission of rules and regulations, to employees of the department whenever it appears desirable in fulfilling the policy and purposes of this chapter.
[ 2009 c 549 § 5083; 1970 ex.s. c 62 § 9.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21A - Department of Ecology. › 43.21A.100 - Departmental administrative divisions—Deputy director, duties—Assistant directors, duties—As exempt from state civil service law—Salaries.

RCW 43.21A.100
Departmental administrative divisions—Deputy director, duties—Assistant directors, duties—As exempt from state civil service law—Salaries.
In order to obtain maximum efficiency and effectiveness within the department, the director may create such administrative divisions within the department as he or she deems necessary. The director shall appoint a deputy director as well as such assistant directors as shall be needed to administer the several divisions within the department. The deputy director shall have charge and general supervision of the department in the absence or disability of the director. In the case of a vacancy in the office of director, the deputy director shall administer the department until the governor appoints a successor to the director or an acting director. The officers appointed under this section and exempt from the provisions of the state civil service law as provided in RCW 41.06.073, shall be paid salaries to be fixed by the governor in accordance with the procedure established by law for the fixing of salaries for officers exempt from the operation of the state civil service law.
[ 2009 c 549 § 5084; 1970 ex.s. c 62 § 10.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21A - Department of Ecology. › 43.21A.120 - Director to employ personnel—Application of state civil service law.

RCW 43.21A.120
Director to employ personnel—Application of state civil service law.
The director shall have the power to employ such personnel as may be necessary for the general administration of this chapter: PROVIDED, That except as specified in RCW 41.06.073, such employment shall be in accordance with the rules of the state civil service law, chapter 41.06 RCW.
[ 1970 ex.s. c 62 § 12.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21A - Department of Ecology. › 43.21A.130 - Studies—Limitations.

RCW 43.21A.130
Studies—Limitations.
(1) In addition to any other powers granted the director, the director may undertake studies dealing with all aspects of environmental problems involving land, water, or air; however, in the absence of specific legislative authority, such studies shall be limited to investigations of particular problems, and shall not be implemented by positive action.
(2)(a) Any studies conducted by the department to establish the total maximum daily load of a water body under chapter 90.48 RCW must involve meaningful participation and opportunities to comment by the local watershed planning group established in chapter 90.82 RCW, the local governments whose jurisdictions are within the affected watershed, and any affected or concerned citizen who notifies the department of his or her interest in participating. Technical or procedural disputes or disagreements that arise during the participation and comment process may be presented to the director for review. The director shall conduct a review of the disputed items and issue written findings and conclusions to all interested participants.
(b) If a study conducted on the total maximum daily load of a water body may affect a new or renewed national pollution discharge elimination permit under chapter 90.48 RCW, the department must disclose prior to the finalization of the study the precision and accuracy of data collected, computer models developed, and assumptions used.
[ 2002 c 364 § 1; 1987 c 505 § 28; 1980 c 87 § 22; 1970 ex.s. c 62 § 13.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21A - Department of Ecology. › 43.21A.140 - Director to consult with department, state board of health.

RCW 43.21A.140
Director to consult with department, state board of health.
The director in carrying out his or her powers and duties under this chapter shall consult with the department of social and health services and the state board of health, or their successors, insofar as necessary to assure that those agencies concerned with the preservation of life and health may integrate their efforts to the fullest extent possible and endorse policies in common.
[ 2009 c 549 § 5085; 1979 c 141 § 67; 1970 ex.s. c 62 § 14.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21A - Department of Ecology. › 43.21A.155 - Environmental excellence program agreements—Effect on chapter.

RCW 43.21A.155
Environmental excellence program agreements—Effect on chapter.
Notwithstanding any other provision of law, any legal requirement under this chapter, including any standard, limitation, rule, or order is superseded and replaced in accordance with the terms and provisions of an environmental excellence program agreement, entered into under chapter 43.21K RCW.
[ 1997 c 381 § 20.]
NOTES:
Purpose—1997 c 381: See RCW 43.21K.005.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21A - Department of Ecology. › 43.21A.160 - Request for certification of records as confidential—Procedure.

RCW 43.21A.160
Request for certification of records as confidential—Procedure.
Whenever any records or other information furnished under the authority of this chapter to the director, the department, or any division of the department, relate to the processes of production unique to the owner or operator thereof, or may affect adversely the competitive position of such owner or operator if released to the public or to a competitor, the owner or operator of such processes or production may so certify, and request that such information or records be made available only for the confidential use of the director, the department, or the appropriate division of the department. The director shall give consideration to the request, and if such action would not be detrimental to the public interest and is otherwise within accord with the policies and purposes of this chapter, may grant the same.
[ 1970 ex.s. c 62 § 16.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21A - Department of Ecology. › 43.21A.165 - Environmental technology—Review of certification programs—Demonstration activities.

RCW 43.21A.165
Environmental technology—Review of certification programs—Demonstration activities.
(1) The legislature finds that:
(a) New and innovative environmental technologies can help improve environmental quality at lower costs;
(b) Current regulatory processes often include permits or approvals that require applicants to duplicate costly technical analysis;
(c) The commercialization of innovative environmental technologies can be discouraged due to the costs of repeated environmental analysis;
(d) The regulatory process can be improved by sharing and relying on information generated through demonstration projects and technical certification programs; and
(e) Other states have developed programs to certify environmental technologies in order to streamline the permitting process and to encourage use of environmental technologies.
(2) The legislature therefore declares that the department shall:
(a) Review environmental technology certification programs established by other states or federal agencies, and enter into agreements to use the information from these programs if the department finds that this information will improve the efficiency and effectiveness of the state's environmental regulatory process; and
(b) Participate in technology demonstration activities that support the state's needs for environmental technology.
[ 1997 c 419 § 1.]