reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.212 - Domestic Waste Treatment Plants—Operators. › 70A.212.090 - Certificates—Issuance and renewal conditions.

RCW 70A.212.090
Certificates—Issuance and renewal conditions.
The issuance and renewal of a certificate shall be subject to the following conditions:
(1) A certificate shall be issued if the operator has satisfactorily passed a written examination, or has met the requirements of RCW 70A.212.080, and has met the requirements specified in the rules and regulations as authorized by this chapter, and has paid the department an application fee as established by the department under RCW 70A.212.100.
(2) The term for all certificates shall be from the first of January of the year of issuance until the thirty-first of December of the renewal year. The renewal period, not to exceed three years, shall be set by agency rule. Every certificate shall be renewed upon the payment of a renewal fee as established by the department under RCW 70A.212.100 and satisfactory evidence presented to the director that the operator demonstrates continued professional growth in the field.
(3) Individuals who fail to renew their certificates before December 31 of the renewal year, upon notice by the director shall have their certificates suspended for sixty days. If, during the suspension period, the renewal is not completed, the director shall give notice of revocation to the employer and to the operator and the certificate will be revoked ten days after such notice is given. An operator whose certificate has been revoked must reapply for certification and will be requested to meet the requirements of a new applicant.
[ 2020 c 20 § 1208; 2018 c 213 § 1; 1987 c 357 § 6; 1973 c 139 § 9. Formerly RCW 70.95B.090.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.212 - Domestic Waste Treatment Plants—Operators. › 70A.212.100 - Certificates—Fees—Department duties.

RCW 70A.212.100
Certificates—Fees—Department duties.
(1) The department shall establish and collect fees for the issuance and renewal of wastewater treatment plant operator certificates as provided for in RCW 70A.212.090. The department, with the advice of an advisory committee, shall establish an initial fee schedule by rule. Fees shall be established in amounts to fully recover and not to exceed expenses incurred by the department to administer the wastewater operator certification program, to include evaluating applications necessary to verify compliance with certification requirements, maintaining and administering credible examinations, ensuring operators receive necessary training, outreach, and technical assistance, enforcing certification program requirements, providing necessary education and training to program staff, and supporting the overhead expenses related to administering the wastewater operator certification program.
(2) Once the initial fee schedule is adopted by rule, the department shall conduct a workload analysis and prepare a biennial budget estimate for the wastewater treatment plant operator certification program. Thereafter, the department shall assess and collect fees from all wastewater treatment plant operators at a level that fully recovers the costs identified in its biennial operating budget.
(3) If fee increases above the state's fiscal growth factor are proposed, due to an expansion of the wastewater operator certification program, the department must submit a report to the legislature describing the need for the increase.
[ 2020 c 20 § 1209; 2018 c 213 § 2; 1987 c 357 § 9. Formerly RCW 70.95B.095.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.212 - Domestic Waste Treatment Plants—Operators. › 70A.212.110 - Certificates—Revocation procedures.

RCW 70A.212.110
Certificates—Revocation procedures.
The director may, after conducting a hearing, revoke a certificate found to have been obtained by fraud or deceit, or for gross negligence in the operation of a waste treatment plant, or for violating the requirements of this chapter or any lawful rule, order or regulation of the department. No person whose certificate is revoked under this section shall be eligible to apply for a certificate for one year from the effective date of this final order or revocation.
[ 1995 c 269 § 2903; 1973 c 139 § 10. Formerly RCW 70.95B.100.]
NOTES:
Effective date—Part headings not law—Severability—1995 c 269: See notes following RCW 18.16.050.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.212 - Domestic Waste Treatment Plants—Operators. › 70A.212.120 - Administration of chapter—Powers and duties of director.

RCW 70A.212.120
Administration of chapter—Powers and duties of director.
To carry out the provisions and purposes of this chapter, the director is authorized and empowered to:
(1) Enter into agreements, contracts, or cooperative arrangements, under such terms and conditions as the director deems appropriate with other state, federal, or interstate agencies, municipalities, education institutions, or other organizations or individuals.
(2) Receive financial and technical assistance from the federal government and other public or private agencies.
(3) Participate in related programs of the federal government, other states, interstate agencies, or other public or private agencies or organizations.
(4) Upon request, furnish reports, information, and materials relating to the certification program authorized by this chapter to federal, state, or interstate agencies, municipalities, education institutions, and other organizations and individuals.
(5) Establish adequate fiscal controls and accounting procedures to assure proper disbursement of and accounting for funds appropriated or otherwise provided for the purpose of carrying out the provisions of this chapter.
[ 1987 c 357 § 7; 1973 c 139 § 11. Formerly RCW 70.95B.110.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.212 - Domestic Waste Treatment Plants—Operators. › 70A.212.130 - Licenses or certificates—Suspension for noncompliance with support order—Reissuance.

RCW 70A.212.130
Licenses or certificates—Suspension for noncompliance with support order—Reissuance.
The director shall immediately suspend the license or certificate of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order or a *residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the director's receipt of a release issued by the department of social and health services stating that the licensee is in compliance with the order.
[ 1997 c 58 § 876. Formerly RCW 70.95B.115.]
NOTES:
*Reviser's note: 1997 c 58 § 886 requiring a court to order certification of noncompliance with residential provisions of a court-ordered parenting plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.212 - Domestic Waste Treatment Plants—Operators. › 70A.212.140 - Violations.

RCW 70A.212.140
Violations.
On and after one year following July 1, 1973, it shall be unlawful for any person, firm, corporation, municipal corporation, or other governmental subdivision or agency to operate a wastewater treatment plant unless the individuals identified in RCW 70A.212.030 are duly certified by the director under the provisions of this chapter or any lawful rule, order, or regulation of the department. It shall also be unlawful for any person to perform the duties of an operator as defined in this chapter, or in any lawful rule, order, or regulation of the department, without being duly certified under the provisions of this chapter.
[ 2020 c 20 § 1210; 1987 c 357 § 8; 1973 c 139 § 12. Formerly RCW 70.95B.120.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.212 - Domestic Waste Treatment Plants—Operators. › 70A.212.150 - Certificates—Reciprocity with other states.

RCW 70A.212.150
Certificates—Reciprocity with other states.
On or after July 1, 1973, certification of operators by any state which, as determined by the director, accepts certifications made or certification requirements deemed satisfied pursuant to the provisions of this chapter, shall be accorded reciprocal treatment and shall be recognized as valid and sufficient within the purview of this chapter, if in the judgment of the director the certification requirements of such state are substantially equivalent to the requirements of this chapter or any rules or regulations promulgated hereunder.
In making determinations pursuant to this section, the director shall consult with the *board and may consider any generally applicable criteria and guidelines developed by the nationally recognized association of certification authorities.
[ 1973 c 139 § 13. Formerly RCW 70.95B.130.]
NOTES:
*Reviser's note: RCW 70.95B.070, which created the water and wastewater operator certification board of examiners, was repealed by 1995 c 269 § 2907, effective July 1, 1995.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.212 - Domestic Waste Treatment Plants—Operators. › 70A.212.160 - Penalties for violations—Injunctions.

RCW 70A.212.160
Penalties for violations—Injunctions.
Any person, including any firm, corporation, municipal corporation, or other governmental subdivision or agency violating any provisions of this chapter or the rules and regulations adopted hereunder, is guilty of a misdemeanor. Each day of operation in such violation of this chapter or any rules or regulations adopted hereunder shall constitute a separate offense. Upon conviction, violators shall be fined an amount not exceeding one hundred dollars for each offense. It shall be the duty of the prosecuting attorney or the attorney general, as appropriate, to secure injunctions of continuing violations of any provisions of this chapter or the rules and regulations adopted hereunder.
[ 1973 c 139 § 14. Formerly RCW 70.95B.140.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.212 - Domestic Waste Treatment Plants—Operators. › 70A.212.170 - Wastewater treatment plant operator certification account—Administration of chapter—Receipts.

RCW 70A.212.170
Wastewater treatment plant operator certification account—Administration of chapter—Receipts.
The wastewater treatment plant operator certification account is created in the state treasury. All fees paid pursuant to RCW 70A.212.100 and any other receipts realized in the administration of this chapter must be deposited into the account. Moneys in the account may be spent only after appropriation. Moneys from the account must be used by the department to carry out the purposes of the wastewater treatment plant operator certification program.
[ 2020 c 20 § 1211; 2017 c 35 § 1. Formerly RCW 70.95B.151.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.212 - Domestic Waste Treatment Plants—Operators. › 70A.212.900 - Effective date—1973 c 139.

RCW 70A.212.900
Effective date—1973 c 139.
This 1973 act is necessary for the immediate preservation of the public peace, health and safety, the support of the state government and its existing public institutions, and shall take effect on July 1, 1973.
[ 1973 c 139 § 17. Formerly RCW 70.95B.900.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.214 - Waste Reduction. › 70A.214.010 - Legislative findings.

RCW 70A.214.010
Legislative findings.
The legislature finds that land disposal and incineration of solid and hazardous waste can be both harmful to the environment and costly to those who must dispose of the waste. In order to address this problem in the most cost-effective and environmentally sound manner, and to implement the highest waste management priority as articulated in RCW 70A.205.005 and 70A.300.260, public and private efforts should focus on reducing the generation of waste. Waste reduction can be achieved by encouraging voluntary efforts to redesign industrial, commercial, production, and other processes to result in the reduction or elimination of waste by-products and to maximize the in-process reuse or reclamation of valuable spent material.
In the interest of protecting the public health, safety, and the environment, the legislature declares that it is the policy of the state of Washington to encourage reduction in the use of hazardous substances and reduction in the generation of hazardous waste whenever economically and technically practicable.
The legislature finds that hazardous wastes are generated by numerous different sources including, but not limited to, large and small business, households, and state and local government. The legislature further finds that a goal against which efforts at waste reduction may be measured is essential for an effective hazardous waste reduction program. The Pacific Northwest hazardous waste advisory council has endorsed a goal of reducing, through hazardous substance use reduction and waste reduction techniques, the generation of hazardous waste by fifty percent by 1995. The legislature adopts this as a policy goal for the state of Washington. The legislature recognizes that many individual businesses have already reduced the generation of hazardous waste through appropriate hazardous waste reduction techniques. The legislature also recognizes that there are some basic industrial processes which by their nature have limited potential for significantly reducing the use of certain raw materials or substantially reducing the generation of hazardous wastes. Therefore, the goal of reducing hazardous waste generation by fifty percent cannot be applied as a regulatory requirement.
[ 2020 c 20 § 1212; 1990 c 114 § 1; 1988 c 177 § 1. Formerly RCW 70.95C.010.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.214 - Waste Reduction. › 70A.214.030 - Office of waste reduction—Duties.

RCW 70A.214.030
Office of waste reduction—Duties.
(1) There is established in the department an office of waste reduction. The office shall use its authorities to encourage the voluntary reduction of hazardous substance usage and waste generation by waste generators and hazardous substance users. The office shall prepare and submit a quarterly progress report to the director.
(2) The office shall be the coordinating center for all state agency programs that provide technical assistance to waste generators and hazardous substance users and shall serve as the state's lead agency and promoter for such programs. In addition to this coordinating function, the office shall encourage hazardous substance use reduction and waste reduction by:
(a) Providing for the rendering of advice and consultation to waste generators and hazardous substance users on hazardous substance use reduction and waste reduction techniques, including assistance in preparation of plans provided for in RCW 70A.214.110;
(b) Sponsoring or co-sponsoring with public or private organizations technical workshops and seminars on waste reduction and hazardous substance use reduction;
(c) Administering a waste reduction and hazardous substance use reduction database and hotline providing comprehensive referral services to waste generators and hazardous substance users;
(d) Administering a waste reduction and hazardous substance use reduction research and development program;
(e) Coordinating a waste reduction and hazardous substance use reduction public education program that includes the utilization of existing publications from public and private sources, as well as publishing necessary new materials on waste reduction;
(f) Recommending to institutions of higher education in the state courses and curricula in areas related to waste reduction and hazardous substance use reduction; and
(g) Operating an intern program in cooperation with institutions of higher education and other outside resources to provide technical assistance on hazardous substance use reduction and waste reduction techniques and to carry out research projects as needed within the office.
[ 2020 c 20 § 1214; 1998 c 245 § 133; 1990 c 114 § 3; 1988 c 177 § 3. Formerly RCW 70.95C.030.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.214 - Waste Reduction. › 70A.214.040 - Waste reduction and hazardous substance use reduction consultation program.

RCW 70A.214.040
Waste reduction and hazardous substance use reduction consultation program.
(1) The office shall establish a waste reduction and hazardous substance use reduction consultation program to be coordinated with other state waste reduction and hazardous substance use reduction consultation programs.
(2) The director may grant a request by any waste generator or hazardous substance user for advice and consultation on waste reduction and hazardous substance use reduction techniques and assistance in preparation or modification of a plan, executive summary, or annual progress report, or assistance in the implementation of a plan required by RCW 70A.214.110. Pursuant to a request from a facility such as a business, governmental entity, or other process site in the state, the director may visit the facility making the request for the purposes of observing hazardous substance use and the waste-generating process, obtaining information relevant to waste reduction and hazardous substance use reduction, rendering advice, and making recommendations. No such visit may be regarded as an inspection or investigation, and no notices or citations may be issued, or civil penalty be assessed, upon such a visit. A representative of the director providing advisory or consultative services under this section may not have any enforcement authority.
(3) Consultation and advice given under this section shall be limited to the matters specified in the request and shall include specific techniques of waste reduction and hazardous substance use reduction tailored to the relevant process. In granting any request for advisory or consultative services, the director may provide for an alternative means of affording consultation and advice other than on-site consultation.
(4) Any proprietary information obtained by the director while carrying out the duties required under this section shall remain confidential and shall not be publicized or become part of the database established under RCW 70A.214.060 without written permission of the requesting party.
[ 2020 c 20 § 1215; 1990 c 114 § 5; 1988 c 177 § 4. Formerly RCW 70.95C.040.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.214 - Waste Reduction. › 70A.214.050 - Waste reduction techniques—Workshops and seminars.

RCW 70A.214.050
Waste reduction techniques—Workshops and seminars.
The office, in coordination with all other state waste reduction technical assistance programs, shall sponsor technical workshops and seminars on waste reduction techniques that have been successfully used to eliminate or reduce substantially the amount of waste or toxicity of hazardous waste generated, or that use in-process reclamation or reuse of spent material.
[ 1988 c 177 § 5. Formerly RCW 70.95C.050.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.214 - Waste Reduction. › 70A.214.060 - Waste reduction hotline—Database system.

RCW 70A.214.060
Waste reduction hotline—Database system.
(1) The office shall establish a statewide waste reduction hotline with the capacity to refer waste generators and the public to sources of information on specific waste reduction techniques and procedures. The hotline shall coordinate with all other state waste hotlines.
(2) The director shall work with the state library to establish a database system that shall include proven waste reduction techniques and case studies of effective waste reduction. The database system shall be: (a) Coordinated with all other state agency databases on waste reduction; (b) administered in conjunction with the statewide waste reduction hotline; and (c) readily accessible to the public.
[ 1988 c 177 § 6. Formerly RCW 70.95C.060.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.214 - Waste Reduction. › 70A.214.070 - Waste reduction research and development program—Contracts.

RCW 70A.214.070
Waste reduction research and development program—Contracts.
(1) The office may administer a waste reduction research and development program. The director may contract with any public or private organization for the purpose of developing methods and technologies that achieve waste reduction. All research performed and all methods or technologies developed as a result of a contract entered into under this section shall become the property of the state and shall be incorporated into the database system established under RCW 70A.214.060.
(2) Any contract entered into under this section shall be awarded only after requests for proposals have been circulated to persons, firms, or organizations who have requested that their names be placed on a proposal list. The director shall establish a proposal list and shall review and evaluate all proposals received.
[ 2020 c 20 § 1216; 1988 c 177 § 7. Formerly RCW 70.95C.070.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.214 - Waste Reduction. › 70A.214.080 - Director's authority.

RCW 70A.214.080
Director's authority.
(1) The director may solicit and accept gifts, grants, conveyances, bequests, and devises, in trust or otherwise, to be directed to the office of waste reduction.
(2) The director may enter into contracts with any public or private organization to carry out the purposes of this chapter.
[ 1988 c 177 § 8. Formerly RCW 70.95C.080.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.214 - Waste Reduction. › 70A.214.090 - Waste reduction and recycling program to promote activities by state agencies—Recycled paper goal.

RCW 70A.214.090
Waste reduction and recycling program to promote activities by state agencies—Recycled paper goal.
The legislature finds and declares that the buildings and facilities owned and leased by state government produce significant amounts of solid and hazardous wastes, and actions must be taken to reduce and recycle these wastes and thus reduce the costs associated with their disposal. In order for the operations of state government to provide the citizens of the state an example of positive waste management, the legislature further finds and declares that state government should undertake an aggressive program designed to reduce and recycle solid and hazardous wastes produced in the operations of state buildings and facilities to the maximum extent possible.
The office of waste reduction, in cooperation with the department of enterprise services, shall establish an intensive waste reduction and recycling program to promote the reduction of waste produced by state agencies and to promote the source separation and recovery of recyclable and reusable materials.
All state agencies, including but not limited to, colleges, community colleges, universities, offices of elected and appointed officers, the supreme court, court of appeals, and administrative departments of state government shall fully cooperate with the office of waste reduction and recycling in all phases of implementing the provisions of this section. The office shall establish a coordinated state plan identifying each agency's participation in waste reduction and recycling. The office shall develop the plan in cooperation with a multiagency committee on waste reduction and recycling. Appointments to the committee shall be made by the director of the department of enterprise services. The director shall notify each agency of the committee, which shall implement the applicable waste reduction and recycling plan elements. All state agencies are to use maximum efforts to achieve a goal of increasing the use of recycled paper by fifty percent by July 1, 1993.
[ 2015 c 225 § 107; 1989 c 431 § 53. Formerly RCW 70.95C.110.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.214 - Waste Reduction. › 70A.214.100 - Waste reduction and recycling awards program in K-12 public schools—Encouraging waste reduction and recycling in private schools.

RCW 70A.214.100
Waste reduction and recycling awards program in K-12 public schools—Encouraging waste reduction and recycling in private schools.
The office of waste reduction shall develop, in consultation with the superintendent of public instruction, an awards program to achieve waste reduction and recycling in public schools, and to encourage waste reduction and recycling in private schools, grades kindergarten through high school. The office shall develop guidelines for program development and implementation. Each public school shall, and each private school may, implement a waste reduction and recycling program conforming to guidelines developed by the office.
For the purpose of granting awards, the office may group all participating schools into not more than three classes, based upon student population, distance to markets for recyclable materials, and other criteria, as deemed appropriate by the office. Except as otherwise provided, five or more awards may be granted to each of the three classes. Each award shall be no more than five thousand dollars. Awards shall be granted each year to the schools that achieve the greatest levels of waste reduction and recycling. A single award of not less than five thousand dollars may be presented to the school having the best recycling program as measured by the total amount of materials recycled, including materials generated outside of the school. A single award of not less than five thousand dollars may be presented to the school having the best waste reduction program as determined by the office.
The superintendent of public instruction shall distribute guidelines and other materials developed by the office to implement programs to reduce and recycle waste generated in administrative offices, classrooms, laboratories, cafeterias, and maintenance operations.
[ 2008 c 178 § 1; 1991 c 319 § 114; 1989 c 431 § 54. Formerly RCW 70.95C.120.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.214 - Waste Reduction. › 70A.214.120 - Voluntary reduction plan—Exemption.

RCW 70A.214.120
Voluntary reduction plan—Exemption.
A person required to prepare a plan under RCW 70A.214.110 because of the quantity of hazardous waste generated may petition the director to be excused from this requirement. The person must demonstrate to the satisfaction of the director that the quantity of hazardous waste generated was due to unique circumstances not likely to be repeated and that the person is unlikely to generate sufficient hazardous waste to require a plan in the next five years.
[ 2020 c 20 § 1217; 1990 c 114 § 7. Formerly RCW 70.95C.210.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.214 - Waste Reduction. › 70A.214.140 - Appeal of department order or surcharge.

RCW 70A.214.140
Appeal of department order or surcharge.
A user or generator may appeal from a department order or a surcharge under RCW 70A.214.130 to the pollution control hearings board pursuant to chapter 43.21B RCW.
[ 2020 c 20 § 1219; 1990 c 114 § 9. Formerly RCW 70.95C.230.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.214 - Waste Reduction. › 70A.214.150 - Public inspection of plans, summaries, progress reports.

RCW 70A.214.150
Public inspection of plans, summaries, progress reports.
(1) The department shall make available for public inspection any executive summary or annual progress report submitted to the department. Any hazardous substance user or hazardous waste generator required to prepare an executive summary or annual progress report who believes that disclosure of any information contained in the executive summary or annual progress report may adversely affect the competitive position of the user or generator may request the department pursuant to RCW 43.21A.160 to delete from the public record those portions of the executive summary or annual progress report that may affect the user's or generator's competitive position. The department shall not disclose any information contained in an executive summary or annual progress report pending a determination of whether the department will delete any information contained in the report from the public record.
(2) Any ten persons residing within ten miles of a hazardous substance user or hazardous waste generator required to prepare a plan may file with the department a petition requesting the department to examine a plan to determine its adequacy. The department shall report its determination of adequacy to the petitioners and to the user or generator within a reasonable time. The department may deny a petition if the department has within the previous year determined the plan of the user or generator named in the petition to be adequate.
(3) The department shall maintain a record of each plan, executive summary, or annual progress report it reviews, and a list of all plans, executive summaries, or annual progress reports the department has determined to be inadequate, including descriptions of corrective actions taken. This information shall be made available to the public.
[ 1990 c 114 § 10. Formerly RCW 70.95C.240.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.214 - Waste Reduction. › 70A.214.160 - Multimedia permit pilot program—Air, water, hazardous waste management.

RCW 70A.214.160
Multimedia permit pilot program—Air, water, hazardous waste management.
(1) Not later than January 1, 1995, the department shall designate an industry type and up to ten individual facilities within that industry type to be the focus of a pilot multimedia program. The program shall be designed to coordinate department actions related to environmental permits, plans, approvals, certificates, registrations, technical assistance, and inspections. The program shall also investigate the feasibility of issuing facility-wide permits. The director shall determine the industry type and facilities based on:
(a) A review of at least three industry types; and
(b) Criteria which shall include at least the following factors:
(i) The potential for the industry to serve as a statewide model for multimedia environmental programs including pollution prevention;
(ii) Whether the industry type is subject to regulatory requirements relating to at least two of the following subject areas: Air quality, water quality, or hazardous waste management;
(iii) The existence within the industry type of a range of business sizes; and
(iv) Voluntary participation in the program.
(2) In developing the program, the department shall consult with and seek the cooperation of the environmental protection agency.
(3) For purposes of this section, "facility-wide permit" means a single multimedia permit issued by the department to the owner or operator of a facility incorporating the permits and any other relevant department approvals previously issued to the owner or operator or currently required by the department.
[ 1998 c 245 § 134; 1994 c 248 § 1. Formerly RCW 70.95C.250.]
NOTES:
Conflict with federal requirements—1994 c 248: "If any part of this act is found to be in conflict with federal requirements, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned." [ 1994 c 248 § 5.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.216 - Solid Waste Incinerator and Landfill Operators. › 70A.216.010 - Definitions.

RCW 70A.216.010
Definitions.
Unless the context clearly requires otherwise the definitions in this section apply throughout this chapter.
(1) "Certificate" means a certificate of competency issued by the director stating that the operator has met the requirements for the specified operator classification of the certification program.
(2) "Department" means the department of ecology.
(3) "Director" means the director of ecology.
(4) "Incinerator" means a facility which has the primary purpose of burning or which is designed with the primary purpose of burning solid waste or solid waste derived fuel, but excludes facilities that have the primary purpose of burning hog fuel.
(5) "Landfill" means a landfill as defined under RCW 70A.205.015.
(6) "Owner" means, in the case of a town or city, the city or town acting through its chief executive officer or the lessee if operated pursuant to a lease or contract; in the case of a county, the chief elected official of the county legislative authority or the chief elected official's designee; in the case of a board of public utilities, association, municipality, or other public body, the president or chief elected official of the body or the president's or chief elected official's designee; in the case of a privately owned landfill or incinerator, the legal owner.
(7) "Solid waste" means solid waste as defined under RCW 70A.205.015.
[ 2020 c 20 § 1220; 1995 c 269 § 2801; 1989 c 431 § 65. Formerly RCW 70.95D.010.]
NOTES:
Effective date—Part headings not law—Severability—1995 c 269: See notes following RCW 18.16.050.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.216 - Solid Waste Incinerator and Landfill Operators. › 70A.216.020 - Incineration facilities—Owner and operator certification requirements.

RCW 70A.216.020
Incineration facilities—Owner and operator certification requirements.
(1) By January 1, 1992, the owner or operator of a solid waste incineration facility shall employ a certified operator. At a minimum, the individual on-site at a solid waste incineration facility who is designated by the owner as the operator in responsible charge of the operation and maintenance of the facility on a routine basis shall be certified by the department.
(2) If a solid waste incinerator is operated on more than one daily shift, the operator in charge of each shift shall be certified.
(3) Operators not required to be certified are encouraged to become certified on a voluntary basis.
(4) The department shall adopt and enforce such rules as may be necessary for the administration of this section.
[ 1989 c 431 § 66. Formerly RCW 70.95D.020.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.216 - Solid Waste Incinerator and Landfill Operators. › 70A.216.030 - Landfills—Owner and operator certification requirements.

RCW 70A.216.030
Landfills—Owner and operator certification requirements.
(1) By January 1, 1992, the owner or operator of a landfill shall employ a certified landfill operator.
(2) For each of the following types of landfills defined in existing regulations: Inert, demolition waste, problem waste, and municipal solid waste, the department shall adopt rules classifying all landfills in each class. The factors to be considered in the classification shall include, but not be limited to, the type and amount of waste in place and projected to be disposed of at the site, whether the landfill currently meets state and federal operating criteria, the location of the landfill, and such other factors as may be determined to affect the skill, knowledge, and experience required of an operator to operate the landfill in a manner protective of human health and the environment.
(3) The rules shall identify the landfills in each class in which the owner or operator will be required to employ a certified landfill operator who is on-site at all times the landfill is operating. At a minimum, the rule shall require that owners and operators of landfills are required to employ a certified landfill operator who is on call at all times the landfill is operating.
[ 1989 c 431 § 67. Formerly RCW 70.95D.030.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.216 - Solid Waste Incinerator and Landfill Operators. › 70A.216.050 - Ad hoc advisory committees.

RCW 70A.216.050
Ad hoc advisory committees.
The director may establish ad hoc advisory committees, as necessary, to obtain advice and technical assistance on the certification of solid waste incinerator and landfill operators.
[ 1995 c 269 § 2804. Formerly RCW 70.95D.051.]
NOTES:
Effective date—Part headings not law—Severability—1995 c 269: See notes following RCW 18.16.050.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.216 - Solid Waste Incinerator and Landfill Operators. › 70A.216.060 - Revocation of certification.

RCW 70A.216.060
Revocation of certification.
(1) The director may revoke a certificate:
(a) If it were found to have been obtained by fraud or deceit;
(b) For gross negligence in the operation of a solid waste incinerator or landfill;
(c) For violating the requirements of this chapter or any lawful rule or order of the department; or
(d) If the facility operated by the certified employee is operated in violation of state or federal environmental laws.
(2) A person whose certificate is revoked under this section shall not be eligible to apply for a certificate for one year from the effective date of the final order of revocation.
[ 1995 c 269 § 2802; 1989 c 431 § 70. Formerly RCW 70.95D.060.]
NOTES:
Effective date—Part headings not law—Severability—1995 c 269: See notes following RCW 18.16.050.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.216 - Solid Waste Incinerator and Landfill Operators. › 70A.216.070 - Certification of inspectors.

RCW 70A.216.070
Certification of inspectors.
Any person who is employed by a public agency to inspect the operation of a landfill or a solid waste incinerator to determine the compliance of the facility with state or local laws or rules shall be required to be certified in the same manner as an operator under this chapter.
[ 1989 c 431 § 71. Formerly RCW 70.95D.070.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.216 - Solid Waste Incinerator and Landfill Operators. › 70A.216.080 - Authority of director.

RCW 70A.216.080
Authority of director.
To carry out the provisions and purposes of this chapter, the director may:
(1) Enter into agreements, contracts, or cooperative arrangements, under such terms and conditions as the director deems appropriate, with other state, federal, or interstate agencies, municipalities, educational institutions, or other organizations or individuals.
(2) Receive financial and technical assistance from the federal government, other public agencies, and private agencies.
(3) Participate in related programs of the federal government, other states, interstate agencies, other public agencies, or private agencies or organizations.
(4) Upon request, furnish reports, information, and materials relating to the certification program authorized by this chapter to federal, state, or interstate agencies, municipalities, educational institutions, and other organizations and individuals.
(5) Establish adequate fiscal controls and accounting procedures to assure proper disbursement of and accounting for funds appropriated or otherwise provided for the purpose of carrying out this chapter.
(6) Adopt rules under chapter 34.05 RCW.
[ 1989 c 431 § 72. Formerly RCW 70.95D.080.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.216 - Solid Waste Incinerator and Landfill Operators. › 70A.216.090 - Unlawful acts—Variance from requirements.

RCW 70A.216.090
Unlawful acts—Variance from requirements.
After January 1, 1992, it is unlawful for any person, firm, corporation, municipal corporation, or other governmental subdivision or agency to operate a solid waste incineration or landfill facility unless the operators are duly certified by the director under this chapter or any lawful rule or order of the department. It is unlawful for any person to perform the duties of an operator without being duly certified under this chapter. The department shall adopt rules that allow the owner or operator of a landfill or solid waste incineration facility to request a variance from this requirement under emergency conditions. The department may impose such conditions as may be necessary to protect human health and the environment during the term of the variance.
[ 1989 c 431 § 73. Formerly RCW 70.95D.090.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.216 - Solid Waste Incinerator and Landfill Operators. › 70A.216.100 - Penalties.

RCW 70A.216.100
Penalties.
(1) Any person, including any firm, corporation, municipal corporation, or other governmental subdivision or agency, with the exception of incinerator operators, violating any provision of this chapter or the rules adopted under this chapter, is guilty of a misdemeanor.
(2) Any incinerator operator who violates any provision of this chapter is guilty of a gross misdemeanor.
(3) Each day of operation in violation of this chapter or any rules adopted under this chapter shall constitute a separate offense.
(4) The prosecuting attorney or the attorney general, as appropriate, shall secure injunctions of continuing violations of any provisions of this chapter or the rules adopted under this chapter.
[ 2003 c 53 § 356; 1989 c 431 § 74. Formerly RCW 70.95D.100.]
NOTES:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.216 - Solid Waste Incinerator and Landfill Operators. › 70A.216.110 - Deposit of receipts.

RCW 70A.216.110
Deposit of receipts.
All receipts realized in the administration of this chapter shall be paid into the general fund.
[ 1989 c 431 § 75. Formerly RCW 70.95D.110.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.218 - Hazardous Waste Fees. › 70A.218.010 - Definitions.

RCW 70A.218.010
Definitions.
As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise.
(1) "Dangerous waste" shall have the same definition as set forth in RCW 70A.300.010(1) and shall include those wastes designated as dangerous by rules adopted pursuant to chapter 70A.300 RCW.
(2) "Department" means the department of ecology.
(3) "EPA/state identification number" means the number assigned by the EPA (environmental protection agency) or by the department of ecology to each generator and/or transporter and treatment, storage, and/or disposal facility.
(4) "Extremely hazardous waste" shall have the same definition as set forth in RCW 70A.300.010(7) and shall specifically include those wastes designated as extremely hazardous by rules adopted pursuant to chapter 70A.300 RCW.
(5) "Fee" means the annual fees imposed under this chapter.
(6) "Generate" means any act or process which produces hazardous waste or first causes a hazardous waste to become subject to regulation.
(7) "Hazardous waste" means and includes all dangerous and extremely hazardous wastes but for the purposes of this chapter excludes all radioactive wastes or substances composed of both radioactive and hazardous components.
(8) "Hazardous waste generator" means all persons whose primary business activities are identified by the department to generate any quantity of hazardous waste in the calendar year for which the fee is imposed.
(9) "Person" means an individual, trust, firm, joint stock company, partnership, association, state, public or private or municipal corporation, commission, political subdivision of a state, interstate body, the federal government including any agency or officer thereof, and any Indian tribe or authorized tribal organization.
(10) "Price deflator" means the United States department of commerce bureau of economic analysis, "Implicit Price Deflator for Gross National Product" for "Government Purchases of Goods and Services," for "State and Local Government."
(11) "Recycled for beneficial use" means the use of hazardous waste, either before or after reclamation, as a substitute for a commercial product or raw material, but does not include: (a) Use constituting disposal; (b) incineration; or (c) use as a fuel.
(12) "Waste generation site" means any geographical area that has been assigned an EPA/state identification number.
[ 2020 c 20 § 1221; 1995 c 207 § 1; 1994 c 136 § 1; 1990 c 114 § 11. Formerly RCW 70.95E.010.]
NOTES:
Effective date—1995 c 207: "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 shall take effect immediately [May 3, 1995]." [ 1995 c 207 § 5.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.218 - Hazardous Waste Fees. › 70A.218.020 - Hazardous waste generation—Fee.

RCW 70A.218.020
Hazardous waste generation—Fee.
A fee is imposed for the privilege of generating hazardous waste in the state. The annual amount of the fee shall be thirty-five dollars upon every hazardous waste generator doing business in Washington in the current calendar year or any part thereof. This fee shall be collected by the department or its designee. A hazardous waste generator shall be exempt from the fee imposed under this section if the value of products, gross proceeds of sales, or gross income of the business, from all business activities of the hazardous waste generator, is less than twelve thousand dollars in the current calendar year. The department shall, subject to appropriation, use the funds collected from the fees assessed in this subsection to support the activities of the office of waste reduction as specified in RCW 70A.214.030. The fee imposed pursuant to this section is due annually by July 1 of the year following the calendar year for which the fee is imposed.
[ 2020 c 20 § 1222; 1995 c 207 § 2. Prior: 1994 sp.s. c 2 § 3; 1994 c 136 § 2; 1990 c 114 § 12. Formerly RCW 70.95E.020.]
NOTES:
Effective date—1995 c 207: See note following RCW 70A.218.010.
Effective date—1994 sp.s. c 2: See note following RCW 82.04.4451.