reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.300 - Hazardous Waste Management. › 70A.300.140 - Powers and duties of department.

RCW 70A.300.140
Powers and duties of department.
The department in performing its duties under this chapter may:
(1) Conduct studies and coordinate research programs pertaining to extremely hazardous waste management;
(2) Render technical assistance to generators of dangerous and extremely hazardous wastes and to state and local agencies in the planning and operation of hazardous waste programs;
(3) Encourage and provide technical assistance to waste generators to form and operate a "waste exchange" for the purpose of finding users for dangerous and extremely hazardous wastes that would otherwise be disposed of: PROVIDED, That such technical assistance shall not violate the confidentiality of manufacturing processes; and
(4) Provide for appropriate surveillance and monitoring of extremely hazardous waste disposal practices in the state.
[1975-'76 2nd ex.s. c 101 § 10. Formerly RCW 70.105.100.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.300 - Hazardous Waste Management. › 70A.300.150 - Duty of department to regulate PCB waste.

RCW 70A.300.150
Duty of department to regulate PCB waste.
The department of ecology shall regulate under this chapter, wastes generated from the salvaging, rebuilding, or discarding of transformers or capacitors that have been sold or otherwise transferred for salvage or disposal after the completion or termination of their useful lives and which contain polychlorinated biphenyls (PCB's) and whose disposal is not regulated under 40 C.F.R. part 761. Nothing in this section shall prohibit such wastes from being incinerated or disposed of at facilities permitted to manage PCB wastes under 40 C.F.R. part 761.
[ 2020 c 20 § 1283; 1985 c 65 § 1. Formerly RCW 70.105.105.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.300 - Hazardous Waste Management. › 70A.300.160 - Regulation of wastes with radioactive and hazardous components.

RCW 70A.300.160
Regulation of wastes with radioactive and hazardous components.
The department of ecology may regulate all hazardous wastes, including those composed of both radioactive and hazardous components, to the extent it is not preempted by federal law.
[ 1987 c 488 § 2. Formerly RCW 70.105.109.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.300 - Hazardous Waste Management. › 70A.300.170 - Regulation of dangerous wastes associated with energy facilities.

RCW 70A.300.170
Regulation of dangerous wastes associated with energy facilities.
(1) Nothing in this chapter shall alter, amend, or supersede the provisions of chapter 80.50 RCW, except that, notwithstanding any provision of chapter 80.50 RCW, regulation of dangerous wastes associated with energy facilities from generation to disposal shall be solely by the department pursuant to this chapter. In the implementation of said section, the department shall consult and cooperate with the energy facility site evaluation council and, in order to reduce duplication of effort and to provide necessary coordination of monitoring and on-site inspection programs at energy facility sites, any on-site inspection by the department that may be required for the purposes of this chapter shall be performed pursuant to an interagency coordination agreement with the council.
(2) To facilitate the implementation of this chapter, the energy facility site evaluation council may require certificate holders to remove from their energy facility sites any dangerous wastes, controlled by this chapter, within ninety days of their generation.
[ 2020 c 20 § 1284; 1987 c 488 § 3; 1984 c 237 § 3; 1975-'76 2nd ex.s. c 101 § 11. Formerly RCW 70.105.110.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.300 - Hazardous Waste Management. › 70A.300.180 - Radioactive wastes—Authority of department of social and health services.

RCW 70A.300.180
Radioactive wastes—Authority of department of social and health services.
Nothing in this chapter diminishes the authority of the department of social and health services to regulate the radioactive portion of mixed wastes pursuant to chapter 70A.388 RCW.
[ 2020 c 20 § 1285; 1987 c 488 § 5. Formerly RCW 70.105.111.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.300 - Hazardous Waste Management. › 70A.300.190 - Application of chapter to special incinerator ash.

RCW 70A.300.190
Application of chapter to special incinerator ash.
This chapter does not apply to special incinerator ash regulated under chapter 70A.315 RCW except that, for purposes of RCW 4.22.070(3)(a), special incinerator ash shall be considered hazardous waste.
[ 2020 c 20 § 1286; 1987 c 528 § 9. Formerly RCW 70.105.112.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.300 - Hazardous Waste Management. › 70A.300.200 - Hazardous substance remedial actions—Procedural requirements not applicable.

RCW 70A.300.200
Hazardous substance remedial actions—Procedural requirements not applicable.
The procedural requirements of this chapter shall not apply to any person conducting a remedial action at a facility pursuant to a consent decree, order, or agreed order issued pursuant to chapter 70A.305 RCW, or to the department of ecology when it conducts a remedial action under chapter 70A.305 RCW. The department of ecology shall ensure compliance with the substantive requirements of this chapter through the consent decree, order, or agreed order issued pursuant to chapter 70A.305 RCW, or during the department-conducted remedial action, through the procedures developed by the department pursuant to RCW 70A.305.090.
[ 2020 c 20 § 1287; 1994 c 257 § 17. Formerly RCW 70.105.116.]
NOTES:
Severability—1994 c 257: See note following RCW 36.70A.270.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.300 - Hazardous Waste Management. › 70A.300.210 - Authority of attorney general.

RCW 70A.300.210
Authority of attorney general.
At the request of the department, the attorney general is authorized to bring such injunctive, declaratory, or other actions to enforce any requirement of this chapter.
[ 1980 c 144 § 2. Formerly RCW 70.105.120.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.300 - Hazardous Waste Management. › 70A.300.220 - Department's powers as designated agency under federal act.

RCW 70A.300.220
Department's powers as designated agency under federal act.
(1) The department is designated as the state agency for implementing the federal resource conservation and recovery act (42 U.S.C. Sec. 6901 et seq.).
(2) The power granted to the department by this section is the authority to:
(a) Establish a permit system for owners or operators of facilities which treat, store, or dispose of dangerous wastes: PROVIDED, That spent containers of pesticides or herbicides which have been used in normal farm operations and which are not extremely hazardous wastes, shall not be subject to the permit system;
(b) Establish standards for the safe transport, treatment, storage, and disposal of dangerous wastes as may be necessary to protect human health and the environment;
(c) Establish, to implement this section:
(i) A manifest system to track dangerous wastes;
(ii) Reporting, monitoring, recordkeeping, labeling, sampling requirements; and
(iii) Owner, operator, and transporter responsibility;
(d) Enter at reasonable times establishments regulated under this section for the purposes of inspection, monitoring, and sampling; and
(e) Adopt rules necessary to implement this section.
[ 1980 c 144 § 1. Formerly RCW 70.105.130.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.300 - Hazardous Waste Management. › 70A.300.230 - Copies of notification forms or annual reports to officials responsible for fire protection.

RCW 70A.300.230
Copies of notification forms or annual reports to officials responsible for fire protection.
Any person who generates, treats, stores, disposes, or otherwise handles dangerous or extremely hazardous wastes shall provide copies of any notification forms, or annual reports that are required pursuant to RCW 70A.300.220 to the fire departments or fire districts that service the areas in which the wastes are handled upon the request of the fire departments or fire districts. In areas that are not serviced by a fire department or fire district, the forms or reports shall be provided to the sheriff or other county official designated pursuant to RCW 43.44.050 upon the request of the sheriff or other county official. This section shall not apply to the transportation of hazardous wastes.
[ 2020 c 20 § 1288; 1986 c 82 § 1. Formerly RCW 70.105.135.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.300 - Hazardous Waste Management. › 70A.300.240 - Rules implemented under RCW 70A.300.220—Review.

RCW 70A.300.240
Rules implemented under RCW 70A.300.220—Review.
Rules implementing RCW 70A.300.220 shall be submitted to the house and senate committees on ecology for review prior to being adopted in accordance with chapter 34.05 RCW.
[ 2020 c 20 § 1289; 1980 c 144 § 3. Formerly RCW 70.105.140.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.300 - Hazardous Waste Management. › 70A.300.250 - Department's authority to participate in and administer federal act.

RCW 70A.300.250
Department's authority to participate in and administer federal act.
Notwithstanding any other provision of this chapter, the department of ecology is empowered to participate fully in and is empowered to administer all aspects of the programs of the federal Resource Conservation and Recovery Act, as it exists on June 7, 1984, (42 U.S.C. Sec. 6901 et seq.), contemplated for participation and administration by a state under that act.
[ 2020 c 20 § 1290; 1984 c 237 § 2; 1983 c 270 § 2. Formerly RCW 70.105.145.]
NOTES:
Severability—1983 c 270: See note following RCW 90.48.260.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.300 - Hazardous Waste Management. › 70A.300.260 - Declaration—Management of hazardous waste—Priorities—Definitions.

RCW 70A.300.260
Declaration—Management of hazardous waste—Priorities—Definitions.
The legislature hereby declares that:
(1) The health and welfare of the people of the state depend on clean and pure environmental resources unaffected by hazardous waste contamination. Management and regulation of hazardous waste disposal should encourage practices which result in the least amount of waste being produced. Towards that end, the legislature finds that the following priorities in the management of hazardous waste are necessary and should be followed in order of descending priority as applicable:
(a) Waste reduction;
(b) Waste recycling;
(c) Physical, chemical, and biological treatment;
(d) Incineration;
(e) Solidification/stabilization treatment;
(f) Landfill.
(2) As used in this section:
(a) "Waste reduction" means reducing waste so that hazardous by-products are not produced;
(b) "Waste recycling" means reusing waste materials and extracting valuable materials from a waste stream;
(c) "Physical, chemical, and biological treatment" means processing the waste to render it completely innocuous, produce a recyclable by-product, reduce toxicity, or substantially reduce the volume of material requiring disposal;
(d) "Incineration" means reducing the volume or toxicity of wastes by use of an enclosed device using controlled flame combustion;
(e) "Solidification/stabilization treatment" means the use of encapsulation techniques to solidify wastes and make them less permeable or leachable; and
(f) "Landfill" means a disposal facility, or part of a facility, at which waste is placed in or on land and which is not a land treatment facility, surface impoundment, or injection well.
[ 1983 1st ex.s. c 70 § 1. Formerly RCW 70.105.150.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.300 - Hazardous Waste Management. › 70A.300.270 - Waste management study—Public hearings—Adoption or modification of rules.

RCW 70A.300.270
Waste management study—Public hearings—Adoption or modification of rules.
The department shall conduct a study to determine the best management practices for categories of waste for the priority waste management methods established in RCW 70A.300.260, with due consideration in the course of the study to sound environmental management and available technology. As an element of the study, the department shall review methods that will help achieve the priority of RCW 70A.300.260(1)(a), waste reduction. Before issuing any proposed rules, the department shall conduct public hearings regarding the best management practices for the various waste categories studied by the department. After conducting the study, the department shall prepare new rules or modify existing rules as appropriate to promote implementation of the priorities established in RCW 70A.300.260 for management practices which assure use of sound environmental management techniques and available technology. The preliminary study shall be completed by July 1, 1986, and the rules shall be adopted by July 1, 1987.
The studies shall be updated at least once every five years. The funding for these studies shall be from the model toxics control operating account created in RCW 70A.305.180, subject to legislative appropriation.
[ 2020 c 20 § 1291; 2010 1st sp.s. c 7 § 89; 1998 c 245 § 110; 1984 c 254 § 2; 1983 1st ex.s. c 70 § 2. Formerly RCW 70.105.160.]
NOTES:
Effective date—2010 1st sp.s. c 26; 2010 1st sp.s. c 7: See note following RCW 43.03.027.
Severability—1984 c 254: "If any provision of this 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 is not affected." [ 1984 c 254 § 3.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.300 - Hazardous Waste Management. › 70A.300.280 - Disposal of dangerous wastes at commercial off-site land disposal facilities—Limitations.

RCW 70A.300.280
Disposal of dangerous wastes at commercial off-site land disposal facilities—Limitations.
(1) Independent of the processing or issuance of any or all federal, state, and local permits for disposal of dangerous wastes, no disposal of dangerous wastes at a commercial off-site land disposal facility may be undertaken prior to July 1, 1986, unless:
(a) The disposal results from actions taken under *RCW 70.105A.060 (2) and (3), or results from other emergency situations; or
(b) Studies undertaken by the department under RCW 70A.300.270 to determine the best management practices for various waste categories under the priority waste management methods established in RCW 70A.300.260 are completed for the particular wastes or waste categories to be disposed of and any regulatory revisions deemed necessary by the department are proposed and do not prohibit land disposal of such wastes; or
(c) Final regulations have been adopted by the department that allow for such disposal.
(2) Construction of facilities used solely for the purpose of disposal of wastes that have not met the requirements of subsection (1) of this section shall not be undertaken by any developer of a dangerous waste disposal facility.
(3) The department shall prioritize the studies of waste categories undertaken under RCW 70A.300.270 to provide initial consideration of those categories most likely to be suitable for land disposal. Any regulatory changes deemed necessary by the department shall be proposed and subjected to the rule-making process by category as the study of each waste category is completed. All of the study shall be completed, and implementing regulations proposed, by July 1, 1986.
(4) Any final permit issued by the department before the adoption of rules promulgated as a result of the study conducted under RCW 70A.300.270 shall be modified as necessary to be consistent with such rules.
[ 2020 c 20 § 1292; 1984 c 254 § 1. Formerly RCW 70.105.165.]
NOTES:
*Reviser's note: RCW 70.105A.060 was repealed by 1990 c 114 § 21.
Severability—1984 c 254: See note following RCW 70A.300.270.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.300 - Hazardous Waste Management. › 70A.300.290 - Waste management—Consultative services—Technical assistance—Confidentiality.

RCW 70A.300.290
Waste management—Consultative services—Technical assistance—Confidentiality.
Consistent with the purposes of RCW 70A.300.260 and 70A.300.270, the department is authorized to promote the priority waste management methods listed in RCW 70A.300.260 by establishing or assisting in the establishment of: (1) Consultative services which, in conjunction with any business or industry requesting such service, study and recommend alternative waste management practices; and (2) technical assistance, such as a toll-free telephone service, to persons interested in waste management alternatives. Any person receiving such service or assistance may, in accordance with state law, request confidential treatment of information about their manufacturing or business practices.
[ 2020 c 20 § 1293; 1983 1st ex.s. c 70 § 3. Formerly RCW 70.105.170.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.300 - Hazardous Waste Management. › 70A.300.300 - Disposition of fines and penalties—Earnings.

RCW 70A.300.300
Disposition of fines and penalties—Earnings.
All fines and penalties collected under this chapter shall be deposited in the model toxics control operating account created in RCW 70A.305.180.
[ 2020 c 20 § 1294; 1985 c 57 § 70; 1983 1st ex.s. c 70 § 4. Formerly RCW 70.105.180.]
NOTES:
Effective date—1985 c 57: See note following RCW 18.04.105.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.300 - Hazardous Waste Management. › 70A.300.310 - Hazardous waste management plan.

RCW 70A.300.310
Hazardous waste management plan.
(1) The department shall develop, and shall update at least once every five years, a state hazardous waste management plan. The plan shall include, but shall not be limited to, the following elements:
(a) A state inventory and assessment of the capacity of existing facilities to treat, store, dispose, or otherwise manage hazardous waste;
(b) A forecast of future hazardous waste generation;
(c) A description of the plan or program required by RCW 70A.300.270 to promote the waste management priorities established in RCW 70A.300.260;
(d) Siting criteria as appropriate for hazardous waste management facilities, including such criteria as may be appropriate for the designation of eligible zones for designated zone facilities. However, these criteria shall not prevent the continued operation, at or below the present level of waste management activity, of existing facilities on the basis of their location in areas other than those designated as eligible zones pursuant to RCW 70A.300.370;
(e) Siting policies as deemed appropriate by the department; and
(f) A plan or program to provide appropriate public information and education relating to hazardous waste management. The department shall ensure to the maximum degree practical that these plans or programs are coordinated with public education programs carried out by local government under RCW 70A.300.350.
(2) The department shall seek, encourage, and assist participation in the development, revision, and implementation of the state hazardous waste management plan by interested citizens, local government, business and industry, environmental groups, and other entities as appropriate.
(3) Siting criteria shall be completed by December 31, 1986. Other plan components listed in subsection (1) of this section shall be completed by June 30, 1987.
(4) The department shall incorporate into the state hazardous waste management plan those elements of the local hazardous waste management plans that it deems necessary to assure effective and coordinated programs throughout the state.
[ 2020 c 20 § 1295; 1985 c 448 § 4. Formerly RCW 70.105.200.]
NOTES:
Severability—1985 c 448: See note following RCW 70A.300.005.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.300 - Hazardous Waste Management. › 70A.300.320 - Hazardous waste management facilities—Department to develop criteria for siting.

RCW 70A.300.320
Hazardous waste management facilities—Department to develop criteria for siting.
By May 31, 1990, the department shall develop and adopt criteria for the siting of hazardous waste management facilities. These criteria will be part of the state hazardous waste management plan as described in RCW 70A.300.310. To the extent practical, these criteria shall be designed to minimize the short-term and long-term risks and costs that may result from hazardous waste management facilities. These criteria may vary by type of facilities and may consider natural site characteristics and engineered protection. Criteria may be established for:
(1) Geology;
(2) Surface and groundwater hydrology;
(3) Soils;
(4) Flooding;
(5) Climatic factors;
(6) Unique or endangered flora and fauna;
(7) Transportation routes;
(8) Site access;
(9) Buffer zones;
(10) Availability of utilities and public services;
(11) Compatibility with existing uses of land;
(12) Shorelines and wetlands;
(13) Sole-source aquifers;
(14) Natural hazards; and
(15) Other factors as determined by the department.
[ 2020 c 20 § 1296; 1989 1st ex.s. c 13 § 2; 1985 c 448 § 5. Formerly RCW 70.105.210.]
NOTES:
Severability—1985 c 448: See note following RCW 70A.300.005.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.300 - Hazardous Waste Management. › 70A.300.330 - Department to adopt rules for permits for hazardous substances treatment facilities.

RCW 70A.300.330
Department to adopt rules for permits for hazardous substances treatment facilities.
The legislature recognizes the need for new, modified, or expanded facilities to treat, incinerate, or otherwise process or dispose of hazardous substances safely. In order to encourage the development of such facilities, the department shall adopt rules as necessary regarding the permitting of such facilities to ensure the most expeditious permit processing possible consistent with the substantive requirements of applicable law. If owners and operators are not the same entity, the operator shall be the permit applicant and responsible for the development of the permit application and all accompanying materials, as long as the owner also signs the application and certifies its ownership of the real property described in the application, and acknowledges its awareness of the contents of the application and receipt of a copy thereof.
[ 1986 c 210 § 3. Formerly RCW 70.105.215.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.300 - Hazardous Waste Management. › 70A.300.340 - Local government regulatory authority to prohibit or condition.

RCW 70A.300.340
Local government regulatory authority to prohibit or condition.
Nothing in this chapter shall alter or affect the regulatory authority of a county, city, or jurisdictional health district to condition or prohibit the acceptance of hazardous waste in a county or city landfill.
[ 1994 c 254 § 7. Formerly RCW 70.105.217.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.300 - Hazardous Waste Management. › 70A.300.360 - Local governments to prepare local hazardous waste plans—Used oil recycling element.

RCW 70A.300.360
Local governments to prepare local hazardous waste plans—Used oil recycling element.
Local governments and combinations of local governments shall amend their local hazardous waste plans required under RCW 70A.300.350 to comply with RCW 70A.224.020.
[ 2020 c 20 § 1298; 1991 c 319 § 312. Formerly RCW 70.105.221.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.300 - Hazardous Waste Management. › 70A.300.380 - Local governments to submit letter of intent to identify or designate zones and submit management plans—Department to prepare plan in event of failure to act.

RCW 70A.300.380
Local governments to submit letter of intent to identify or designate zones and submit management plans—Department to prepare plan in event of failure to act.
(1) Each local government is directed to submit to the director of the department by October 31, 1987, a letter of intent stating that it intends to (a) identify, or designate if necessary, eligible zones for designated zone facilities no later than June 30, 1988, and (b) submit a complete local hazardous waste management plan to the department no later than June 30, 1990. The letters shall also indicate whether these requirements will be completed in conjunction with other local governments.
(2) If any local government fails to submit a letter as provided in subsection (1)(b) of this section, or fails to adopt a local hazardous waste plan for its jurisdiction in accordance with the time schedule provided in this chapter, or fails to secure approval from the department for its local hazardous waste plan in accordance with the time schedule provided in this chapter, the department shall prepare a hazardous waste plan for the local jurisdiction.
[ 1985 c 448 § 8. Formerly RCW 70.105.230.]
NOTES:
Severability—1985 c 448: See note following RCW 70A.300.005.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.300 - Hazardous Waste Management. › 70A.300.390 - Grants to local governments for plan preparation, implementation, and designation of zones—Matching funds—Qualifications.

RCW 70A.300.390
Grants to local governments for plan preparation, implementation, and designation of zones—Matching funds—Qualifications.
(1) Subject to legislative appropriations, the department may make and administer grants to local governments for (a) preparing and updating local hazardous waste plans, (b) implementing approved local hazardous waste plans, and (c) designating eligible zones for designated zone facilities as required under this chapter.
(2) Local governments shall match the funds provided by the department for planning or designating zones with an amount not less than twenty-five percent of the estimated cost of the work to be performed. Local governments may meet their share of costs with cash or contributed services. Local governments, or combination of contiguous local governments, conducting pilot projects pursuant to RCW 70A.300.350(4) may subtract the cost of those pilot projects conducted for hazardous household substances from their share of the cost. If a pilot project has been conducted for all moderate-risk wastes, only the portion of the cost that applies to hazardous household substances shall be subtracted. The matching funds requirement under this subsection shall be waived for local governments, or combination of contiguous local governments, that complete and submit their local hazardous waste plans under RCW 70A.300.350(6) prior to June 30, 1988.
(3) Recipients of grants shall meet such qualifications and follow such procedures in applying for and using grants as may be established by the department.
[ 2020 c 20 § 1300; 1986 c 210 § 2; 1985 c 448 § 9. Formerly RCW 70.105.235.]
NOTES:
Severability—1985 c 448: See note following RCW 70A.300.005.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.300 - Hazardous Waste Management. › 70A.300.400 - State preemption—Department sole authority—Local requirements superseded—State authority over designated zone facilities.

RCW 70A.300.400
State preemption—Department sole authority—Local requirements superseded—State authority over designated zone facilities.
(1) As of July 28, 1985, the state preempts the field of state, regional, or local permitting and regulating of all preempted facilities as defined in this chapter. The department of ecology is designated the sole decision-making authority with respect to permitting and regulating such facilities and no other state agency, department, division, bureau, commission, or board, or any local or regional political subdivision of the state, shall have any permitting or regulatory authority with respect to such facilities including, but not limited to, the location, construction, and operation of such facilities. Permits issued by the department shall be in lieu of any and all permits, approvals, certifications, or conditions of any other state, regional, or local governmental authority which would otherwise apply.
(2) The department shall ensure that any permits issued under this chapter invoking the preemption authority of this section meet the substantive requirements of existing state laws and regulations to the extent such laws and regulations are not inconsistent or in conflict with any of the provisions of this chapter. In the event that any of the provisions of this chapter, or any of the regulations promulgated hereunder, are in conflict with any other state law or regulations, such other law or regulations shall be deemed superseded for purposes of this chapter.
(3) As of July 28, 1985, any ordinances, regulations, requirements, or restrictions of regional or local governmental authorities regarding the location, construction, or operation of preempted facilities shall be deemed superseded. However, in issuing permits under this section, the department shall consider local fire and building codes and condition such permits as appropriate in compliance therewith.
(4) Effective July 1, 1988, the department shall have the same preemptive authority as defined in subsections (1) through (3) of this section in regard to any designated zone facility that may be proposed in any jurisdiction where the designation of eligible zones pursuant to RCW 70A.300.370 has not been completed and approved by the department. Unless otherwise preempted by this subsection, designated zone facilities shall be subject to all applicable state and local laws, regulations, plans, and other requirements.
[ 2020 c 20 § 1301; 1985 c 448 § 10. Formerly RCW 70.105.240.]
NOTES:
Severability—1985 c 448: See note following RCW 70A.300.005.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.300 - Hazardous Waste Management. › 70A.300.410 - Department may require notice of intent for management facility permit.

RCW 70A.300.410
Department may require notice of intent for management facility permit.
The department may adopt rules to require any person who intends to file an application for a permit for a hazardous waste management facility to file a notice of intent with the department prior to submitting the application.
[ 1985 c 448 § 11. Formerly RCW 70.105.245.]
NOTES:
Severability—1985 c 448: See note following RCW 70A.300.005.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.300 - Hazardous Waste Management. › 70A.300.420 - Appeals to pollution control hearings board.

RCW 70A.300.420
Appeals to pollution control hearings board.
Any disputes between the department and the governing bodies of local governments in regard to the local planning requirements under RCW 70A.300.350 and the designation of zones under RCW 70A.300.370 may be appealed by the department or the governing body of the local government to the pollution control hearings board established under chapter 43.21B RCW.
[ 2020 c 20 § 1302; 1985 c 448 § 12. Formerly RCW 70.105.250.]
NOTES:
Severability—1985 c 448: See note following RCW 70A.300.005.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.300 - Hazardous Waste Management. › 70A.300.430 - Department to provide technical assistance with local plans.

RCW 70A.300.430
Department to provide technical assistance with local plans.
The department shall provide technical assistance to local governments in the preparation, review, revision, and implementation of local hazardous waste plans.
[ 1985 c 448 § 13. Formerly RCW 70.105.255.]
NOTES:
Severability—1985 c 448: See note following RCW 70A.300.005.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.300 - Hazardous Waste Management. › 70A.300.440 - Department to assist conflict resolution activities related to siting facilities—Agreements may constitute conditions for permit.

RCW 70A.300.440
Department to assist conflict resolution activities related to siting facilities—Agreements may constitute conditions for permit.
(1) In order to promote identification, discussion, negotiation, and resolution of issues related to siting of hazardous waste management facilities, the department:
(a) Shall compile and maintain information on the use and availability of conflict resolution techniques and make this information available to industries, state and local government officials, and other citizens;
(b) Shall encourage and assist in facilitating conflict resolution activities, as appropriate, between facility proponents, host communities, and other interested persons;
(c) May adopt rules specifying procedures for facility proponents, host communities, and citizens to follow in providing opportunities for conflict resolution activities, including the use of dispute resolution centers established pursuant to chapter 7.75 RCW; and
(d) May expend funds to support such conflict resolution activities, and may adopt rules as appropriate to govern the support.
(2) Any agreements reached under the processes described in subsection (1) of this section and deemed valid by the department may be written as conditions binding on a permit issued under this chapter.
[ 1985 c 448 § 14. Formerly RCW 70.105.260.]
NOTES:
Severability—1985 c 448: See note following RCW 70A.300.005.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.300 - Hazardous Waste Management. › 70A.300.450 - Requirements of RCW 70A.300.310 through 70A.300.380 and 70A.300.400(4) not mandatory without legislative appropriation.

RCW 70A.300.450
Requirements of RCW 70A.300.310 through 70A.300.380 and 70A.300.400(4) not mandatory without legislative appropriation.
The requirements of RCW 70A.300.310 through 70A.300.380 and 70A.300.400(4) shall not become mandatory until funding is appropriated by the legislature.
[ 2020 c 20 § 1303; 1985 c 448 § 15. Formerly RCW 70.105.270.]
NOTES:
Severability—1985 c 448: See note following RCW 70A.300.005.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.300 - Hazardous Waste Management. › 70A.300.460 - Service charges.

RCW 70A.300.460
Service charges.
(1) The department may assess reasonable service charges against those facilities that store, treat, incinerate, or dispose of dangerous or extremely hazardous waste that contains both a nonradioactive hazardous component and a radioactive component or which are undergoing closure under this chapter in those instances where closure entails the physical characterization of remaining wastes which contain both a nonradioactive hazardous component and a radioactive component or the management of such wastes through treatment or removal, except any commercial low-level radioactive waste facility. Service charges may not exceed the costs to the department in carrying out the duties of this section.
(2) Program elements or activities for which service charges may be assessed include:
(a) Office, staff, and staff support for the purposes of facility or unit permit development, review, and issuance; and
(b) Actions taken to determine and ensure compliance with the state's hazardous waste management act.
(3) Moneys collected through the imposition of such service charges shall be deposited in the radioactive mixed waste account created in RCW 70A.300.480.
(4) The department shall adopt rules necessary to implement this section. Facilities that store, treat, incinerate, or dispose of dangerous or extremely hazardous waste that contains both a nonradioactive hazardous component and a radioactive component shall not be subject to service charges prior to such rule making. Facilities undergoing closure under this chapter in those instances where closure entails the physical characterization of remaining wastes which contain both a nonradioactive hazardous component and a radioactive component or the management of such wastes through treatment or removal shall not be subject to service charges prior to such rule making.
[ 2020 c 20 § 1304; 2013 2nd sp.s. c 1 § 14; 1989 c 376 § 2. Formerly RCW 70.105.280.]
NOTES:
Findings—Intent—Effective date—2013 2nd sp.s. c 1: See notes following RCW 70A.305.020.
Severability—1989 c 376: See note following RCW 70A.300.010.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.300 - Hazardous Waste Management. › 70A.300.470 - Metals mining and milling operations permits—Inspections by department of ecology.

RCW 70A.300.470
Metals mining and milling operations permits—Inspections by department of ecology.
If a metals mining and milling operation is issued a permit pursuant to this chapter, then it will be subject to special inspection requirements. The department of ecology shall inspect these mining operations at least quarterly in order to ensure that the operation is in compliance with the conditions of any permit issued to it pursuant to this chapter. The department shall conduct additional inspections during the construction phase of the mining operation in order to ensure compliance with this chapter.
[ 1994 c 232 § 19. Formerly RCW 70.105.300.]
NOTES:
Effective date—1994 c 232 §§ 6-8 and 18-22: See RCW 78.56.902.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.300 - Hazardous Waste Management. › 70A.300.480 - Radioactive mixed waste account.

RCW 70A.300.480
Radioactive mixed waste account.
The radioactive mixed waste account is created within the state treasury. All receipts received from facilities assessed service charges established under RCW 70A.300.460 must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may only be used for carrying out the department's powers and duties under this chapter related to the regulation of facilities that treat, store, or dispose of mixed waste or mixed waste facilities that are undergoing closure.
[ 2020 c 20 § 1305; 2013 2nd sp.s. c 1 § 12. Formerly RCW 70.105.310.]
NOTES:
Findings—Intent—Effective date—2013 2nd sp.s. c 1: See notes following RCW 70A.305.020.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.300 - Hazardous Waste Management. › 70A.300.900 - Short title—1985 c 448.

RCW 70A.300.900
Short title—1985 c 448.
This chapter shall be known and may be cited as the hazardous waste management act.
[ 1985 c 448 § 16. Formerly RCW 70.105.900.]
NOTES:
Severability—1985 c 448: See note following RCW 70A.300.005.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.305 - Hazardous Waste Cleanup—Model Toxics Control Act. › 70A.305.010 - Declaration of policy.

RCW 70A.305.010
Declaration of policy.
(1) Each person has a fundamental and inalienable right to a healthful environment, and each person has a responsibility to preserve and enhance that right. The beneficial stewardship of the land, air, and waters of the state is a solemn obligation of the present generation for the benefit of future generations.
(2) A healthful environment is now threatened by the irresponsible use and disposal of hazardous substances. There are hundreds of hazardous waste sites in this state, and more will be created if current waste practices continue. Hazardous waste sites threaten the state's water resources, including those used for public drinking water. Many of our municipal landfills are current or potential hazardous waste sites and present serious threats to human health and environment. The costs of eliminating these threats in many cases are beyond the financial means of our local governments and ratepayers. The main purpose of chapter 2, Laws of 1989 is to raise sufficient funds to clean up all hazardous waste sites and to prevent the creation of future hazards due to improper disposal of toxic wastes into the state's land and waters.
(3) Many farmers and small business owners who have followed the law with respect to their uses of pesticides and other chemicals nonetheless may face devastating economic consequences because their uses have contaminated the environment or the water supplies of their neighbors. With a source of funds, the state may assist these farmers and business owners, as well as those persons who sustain damages, such as the loss of their drinking water supplies, as a result of the contamination.
(4) It is in the public's interest to efficiently use our finite land base, to integrate our land use planning policies with our clean-up policies, and to clean up and reuse contaminated industrial properties in order to minimize industrial development pressures on undeveloped land and to make clean land available for future social use.
(5) Because it is often difficult or impossible to allocate responsibility among persons liable for hazardous waste sites and because it is essential that sites be cleaned up well and expeditiously, each responsible person should be liable jointly and severally.
(6) Because releases of hazardous substances can adversely affect the health and welfare of the public, the environment, and property values, it is in the public interest that affected communities be notified of where releases of hazardous substances have occurred and what is being done to clean them up.
[ 2002 c 288 § 1; 1994 c 254 § 1; 1989 c 2 § 1 (Initiative Measure No. 97, approved November 8, 1988). Formerly RCW 70.105D.010.]
NOTES:
Severability—2002 c 288: "If any provision of this 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 is not affected." [ 2002 c 288 § 5.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.305 - Hazardous Waste Cleanup—Model Toxics Control Act. › 70A.305.070 - Timing of review.

RCW 70A.305.070
Timing of review.
The department's investigative and remedial decisions under RCW 70A.305.030 and 70A.305.050, its decisions regarding filing a lien under RCW 70A.305.060, and its decisions regarding liable persons under RCW 70A.305.020, 70A.305.040, 70A.305.050, and 70A.305.060 shall be reviewable exclusively in superior court and only at the following times: (1) In a cost recovery suit under RCW 70A.305.050(3); (2) in a suit by the department to enforce an order or an agreed order, or seek a civil penalty under this chapter; (3) in a suit for reimbursement under RCW 70A.305.050(2); (4) in a suit by the department to compel investigative or remedial action; (5) in a citizen's suit under RCW 70A.305.050(5); and (6) in a suit for removal or reduction of a lien under RCW 70A.305.050(7). Except in suits for reduction or removal of a lien under RCW 70A.305.050(7), the court shall uphold the department's actions unless they were arbitrary and capricious. In suits for reduction or removal of a lien under RCW 70A.305.050(7), the court shall review such suits pursuant to the standards set forth in RCW 70A.305.050(7).
[ 2020 c 20 § 1311; 2007 c 104 § 20; 2005 c 211 § 3; 1994 c 257 § 13; 1989 c 2 § 6 (Initiative Measure No. 97, approved November 8, 1988). Formerly RCW 70.105D.060.]
NOTES:
Application—Construction—2007 c 104: See RCW 64.70.015.
Severability—1994 c 257: See note following RCW 36.70A.270.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.305 - Hazardous Waste Cleanup—Model Toxics Control Act. › 70A.305.080 - Private right of action—Remedial action costs.

RCW 70A.305.080
Private right of action—Remedial action costs.
Except as provided in RCW 70A.305.040(4) (d) and (f), a person may bring a private right of action, including a claim for contribution or for declaratory relief, against any other person liable under RCW 70A.305.040 for the recovery of remedial action costs. In the action, natural resource damages paid to the state under this chapter may also be recovered. Recovery shall be based on such equitable factors as the court determines are appropriate. Remedial action costs shall include reasonable attorneys' fees and expenses. Recovery of remedial action costs shall be limited to those remedial actions that, when evaluated as a whole, are the substantial equivalent of a department-conducted or department-supervised remedial action. Substantial equivalence shall be determined by the court with reference to the rules adopted by the department under this chapter. An action under this section may be brought after remedial action costs are incurred but must be brought within three years from the date remedial action confirms cleanup standards are met or within one year of May 12, 1993, whichever is later. The prevailing party in such an action shall recover its reasonable attorneys' fees and costs. This section applies to all causes of action regardless of when the cause of action may have arisen. To the extent a cause of action has arisen prior to May 12, 1993, this section applies retroactively, but in all other respects it applies prospectively.
[ 2020 c 20 § 1312; 1997 c 406 § 6; 1993 c 326 § 1. Formerly RCW 70.105D.080.]
NOTES:
Effective date—1993 c 326: "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 12, 1993]." [ 1993 c 326 § 2.]
Severability—1993 c 326: "If any provision of this 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 is not affected." [ 1993 c 326 § 3.]