reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.345 - Underground Storage Tank Revolving Loan and Grant Program. › 70A.345.040 - Use of funds—Restrictions.

RCW 70A.345.040
Use of funds—Restrictions. (Expires July 1, 2030.)
(1) A recipient of a loan or grant may not use these funds to conduct remedial actions of a release or threatened release from a petroleum underground storage tank system requiring financial assurances under chapter 70A.355 RCW or subtitle I of the solid waste disposal act (42 U.S.C., chapter 82, subchapter IX) unless the owner or operator:
(a) Agrees to first expend all moneys available under the required financial assurances;
(b) Demonstrates that all moneys available under the required financial assurances have been expended; or
(c) Demonstrates that a claim has been made under the required financial assurances and the claim has been rejected by the provider.
(2) A recipient must use a loan or grant for a project that develops and acquires assets that have a useful life of at least thirteen years.
[ 2020 c 20 § 1437; 2016 c 161 § 4. Formerly RCW 70.340.040.]
NOTES:
Effective date—2016 c 161 §§ 1-13: See note following RCW 70A.345.010.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.345 - Underground Storage Tank Revolving Loan and Grant Program. › 70A.345.050 - Program administration—Loan origination fees.

RCW 70A.345.050
Program administration—Loan origination fees. (Expires July 1, 2030.)
The agency shall partner and enter into a memorandum of agreement with the department of health to implement the revolving loan and grant program.
(1) The agency shall approve recipients for loans and grants, structure funding offers to protect applicants with limited economic resources, and manage the work conducted under RCW 70A.345.030(1).
(2) The department of health shall administer the loans and grants to qualified recipients as determined by the agency.
(3) The department of health may collect, from persons requesting financial assistance, loan origination fees to cover costs incurred by the department of health in operating the financial assistance program.
(4) The agency may use the moneys in the pollution liability insurance agency underground storage tank revolving account to fund the department of health's operating costs for the program.
[ 2020 c 310 § 7; 2020 c 20 § 1438; 2016 c 161 § 5. Formerly RCW 70.340.050.]
NOTES:
Reviser's note: This section was amended by 2020 c 20 § 1438 and by 2020 c 310 § 7, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—2016 c 161 §§ 1-13: See note following RCW 70A.345.010.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.345 - Underground Storage Tank Revolving Loan and Grant Program. › 70A.345.060 - Remedial actions—Release or threatened release of hazardous substance.

RCW 70A.345.060
Remedial actions—Release or threatened release of hazardous substance. (Expires July 1, 2030.)
(1) The agency may conduct remedial actions and investigate or clean up a release or threatened release of a hazardous substance at or affecting an underground storage tank facility if the following conditions are met:
(a) The owner or operator received a loan or grant for the underground storage tank facility under the revolving program created in this chapter for two million dollars or less;
(b) The remedial actions are conducted in accordance with the rules adopted under chapter 70A.305 RCW;
(c) The owner of real property subject to the remedial actions provides consent for the agency to:
(i) Recover the remedial action costs from the owner; and
(ii) Enter upon the real property to conduct remedial actions limited to those authorized by the owner or operator. Remedial actions must be focused on maintaining the economic vitality of the property. The agency or the agency's authorized representatives shall give reasonable notice before entering property unless an emergency prevents the notice; and
(d) The owner of the underground storage tank facility consents to the agency filing a lien on the underground storage tank facility to recover the agency's remedial action costs.
(2) The agency may conduct the remedial actions authorized under subsection (1) of this section using the moneys in the pollution liability insurance agency underground storage tank revolving account, as required under RCW 70A.345.050. However, for any remedial action where the owner or operator has received a loan or grant, the agency may not expend more than the difference between the amount loaned or granted and two million dollars.
[ 2020 c 310 § 8; 2020 c 20 § 1439; 2016 c 161 § 6. Formerly RCW 70.340.060.]
NOTES:
Reviser's note: This section was amended by 2020 c 20 § 1439 and by 2020 c 310 § 8, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—2016 c 161 §§ 1-13: See note following RCW 70A.345.010.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.345 - Underground Storage Tank Revolving Loan and Grant Program. › 70A.345.080 - Pollution liability insurance agency underground storage tank revolving account.

RCW 70A.345.080
Pollution liability insurance agency underground storage tank revolving account. (Expires July 1, 2030.)
(1) The pollution liability insurance agency underground storage tank revolving account is created in the state treasury. All receipts from sources identified under subsection (2) of this section must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for items identified under subsection (3) of this section.
(2) The following receipts must be deposited into the account:
(a) All moneys appropriated by the legislature to pay for the agency's operating costs to carry out the purposes of this chapter;
(b) All moneys appropriated by the legislature to provide loans and grants under RCW 70A.345.030;
(c) Any repayment of loans provided under RCW 70A.345.030;
(d) All moneys appropriated by the legislature to conduct remedial actions under RCW 70A.345.060;
(e) Any recovery of the costs of remedial actions conducted under RCW 70A.345.060;
(f) Any grants provided by the federal government to the agency to achieve the purposes of this chapter; and
(g) Any other deposits made from a public or private entity to achieve the purposes of this chapter.
(3) Moneys in the account may be used by the agency only to carry out the purposes of this chapter including, but not limited to:
(a) The costs of the agency and department of health to carry out the purposes of this chapter;
(b) Loans and grants under RCW 70A.345.030;
(c) Remedial actions under RCW 70A.345.060; and
(d) State match requirements for grants provided to the agency by the federal government.
[ 2020 c 20 § 1440; 2016 c 161 § 8. Formerly RCW 70.340.080.]
NOTES:
Effective date—2016 c 161 §§ 1-13: See note following RCW 70A.345.010.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.345 - Underground Storage Tank Revolving Loan and Grant Program. › 70A.345.090 - Report on agency activities.

RCW 70A.345.090
Report on agency activities. (Expires July 1, 2030.)
By September 1st of each even-numbered year, the agency must provide the office of financial management and the appropriate legislative committees a report on the agency's activities supported by expenditures from the pollution liability insurance agency underground storage tank revolving account. The report must at a minimum include:
(1) The amount of money the legislature appropriated from the pollution liability insurance agency underground storage tank revolving account under RCW 70A.345.080 during the last biennium;
(2) For the previous biennium, the total number of loans and grants, the amounts loaned or granted, sites cleaned up, petroleum underground storage tank systems or heating oil tanks upgraded, replaced, or permanently closed, and jobs preserved;
(3) For each loan and grant awarded during the previous biennium, the name of the recipient, the location of the underground storage tank facility, a description of the project and its status, the amount loaned, and the amount repaid. For loans and grants awarded for heating oil tanks, only the general location, status, amount loaned, and the amount repaid must be provided;
(4) For each underground storage tank facility where the agency conducted remedial actions under RCW 70A.345.060 during the previous biennium, the name and location of the site, the amount of money used to conduct the remedial actions, the status of remedial actions, whether liens were filed against the underground storage tank facility under RCW 70A.345.070, and the amount of money recovered; and
(5) The operating costs of the agency and department of health to carry out the purposes of this chapter during the last biennium.
[ 2020 c 310 § 9; 2020 c 20 § 1441; 2016 c 161 § 9. Formerly RCW 70.340.090.]
NOTES:
Reviser's note: This section was amended by 2020 c 20 § 1441 and by 2020 c 310 § 9, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—2016 c 161 §§ 1-13: See note following RCW 70A.345.010.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.345 - Underground Storage Tank Revolving Loan and Grant Program. › 70A.345.100 - Adoption of rules—Memorandum of agreement—Interpretative guidance.

RCW 70A.345.100
Adoption of rules—Memorandum of agreement—Interpretative guidance. (Expires July 1, 2030.)
The agency must adopt rules under chapter 34.05 RCW necessary to carry out the provisions of this chapter. To accelerate remedial actions, the agency shall enter into a memorandum of agreement with the department of health under RCW 70A.345.050 within one year of July 1, 2016. To ensure the adoption of rules will not delay the award of a loan or grant, the agency may implement the underground storage tank revolving program through interpretative guidance pending adoption of rules.
[ 2020 c 20 § 1442; 2016 c 161 § 10. Formerly RCW 70.340.100.]
NOTES:
Effective date—2016 c 161 §§ 1-13: See note following RCW 70A.345.010.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.345 - Underground Storage Tank Revolving Loan and Grant Program. › 70A.345.110 - Civil liability of state.

RCW 70A.345.110
Civil liability of state. (Expires July 1, 2030.)
Officers, employees, and authorized representatives of the agency and the department of health, and the state of Washington are immune from civil liability and no cause of action of any nature may arise from any act or omission in exercising powers and duties under this chapter.
[ 2016 c 161 § 11. Formerly RCW 70.340.110.]
NOTES:
Effective date—2016 c 161 §§ 1-13: See note following RCW 70A.345.010.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.345 - Underground Storage Tank Revolving Loan and Grant Program. › 70A.345.120 - Applicability of chapter—Authority of the department of ecology.

RCW 70A.345.120
Applicability of chapter—Authority of the department of ecology. (Expires July 1, 2030.)
Nothing in this chapter limits the authority of the department of ecology under chapter 70A.305 RCW.
[ 2020 c 20 § 1443; 2016 c 161 § 12. Formerly RCW 70.340.120.]
NOTES:
Effective date—2016 c 161 §§ 1-13: See note following RCW 70A.345.010.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.345 - Underground Storage Tank Revolving Loan and Grant Program. › 70A.345.900 - Expiration date—Savings clause—Reversion of revolving account funds.

RCW 70A.345.900
Expiration date—Savings clause—Reversion of revolving account funds.
(1) RCW 70A.345.010 through 70A.345.120 expire July 1, 2030.
(2) The expiration of RCW 70A.345.010 through 70A.345.120 does not terminate any of the following rights, obligations, authorities or any provision necessary to carry out:
(a) The repayment of loans due and payable to the lender or the state of Washington;
(b) The resolution of any cost recovery action or the initiation of any action or other collection process to recover defaulted loan moneys due to the state of Washington; and
(c) The resolution of any action or the initiation of any action to recover the agency's remedial actions costs under RCW 70A.345.070.
(3) On July 1, 2030, the pollution liability insurance agency underground storage tank revolving account and all moneys due that account revert to, and accrue to the benefit of, the department of health.
[ 2020 c 20 § 1445; 2016 c 161 § 13. Formerly RCW 70.340.900.]
NOTES:
Effective date—2016 c 161 §§ 1-13: See note following RCW 70A.345.010.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.350 - Toxic Pollution. › 70A.350.020 - Report to the legislature—Priority chemicals.

RCW 70A.350.020
Report to the legislature—Priority chemicals.
Every five years, and consistent with the timeline established in RCW 70A.350.050, the department, in consultation with the department of health, must report to the appropriate committees of the legislature its decision to designate at least five priority chemicals that meet at least one of the following:
(1) The chemical or a member of a class of chemicals are identified by the department as a:
(a) High priority chemical of high concern for children under chapter 70A.430 RCW; or
(b) Persistent, bioaccumulative toxin under chapter 70A.300 RCW;
(2) The chemical or members of a class of chemicals are regulated:
(a) In consumer products under chapter 70A.430, 70A.405, 70A.222, 70A.335, 70A.340, 70A.230, or 70A.400 RCW; or
(b) As a hazardous substance under chapter 70A.300 or 70A.305 RCW; or
(3) The department determines the chemical or members of a class of chemicals are a concern for sensitive populations and sensitive species after considering the following factors:
(a) A chemical's or members of a class of chemicals' hazard traits or environmental or toxicological endpoints;
(b) A chemical's or members of a class of chemicals' aggregate effects;
(c) A chemical's or members of a class of chemicals' cumulative effects with other chemicals with the same or similar hazard traits or environmental or toxicological endpoints;
(d) A chemical's or members of a class of chemicals' environmental fate;
(e) The potential for a chemical or members of a class of chemicals to degrade, form reaction products, or metabolize into another chemical or a chemical that exhibits one or more hazard traits or environmental or toxicological endpoints, or both;
(f) The potential for the chemical or class of chemicals to contribute to or cause adverse health or environmental impacts;
(g) The chemical's or class of chemicals' potential impact on sensitive populations, sensitive species, or environmentally sensitive habitats;
(h) Potential exposures to the chemical or members of a class of chemicals based on:
(i) Reliable information regarding potential exposures to the chemical or members of a class of chemicals; and
(ii) Reliable information demonstrating occurrence, or potential occurrence, of multiple exposures to the chemical or members of a class of chemicals.
[ 2020 c 20 § 1452; 2019 c 292 § 2. Formerly RCW 70.365.020.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.350 - Toxic Pollution. › 70A.350.040 - Regulatory actions—Report to the legislature—Authority to restrict or prohibit priority chemicals.

RCW 70A.350.040
Regulatory actions—Report to the legislature—Authority to restrict or prohibit priority chemicals.
(1) Every five years, and consistent with the timeline established in RCW 70A.350.050, the department, in consultation with the department of health, must determine regulatory actions to increase transparency and to reduce the use of priority chemicals in priority consumer products. The department must submit a report to the appropriate committees of the legislature at the time that it determines regulatory actions. The department may:
(a) Determine that no regulatory action is currently required;
(b) Require a manufacturer to provide notice of the use of a priority chemical or class of priority chemicals consistent with RCW 70A.430.060; or
(c) Restrict or prohibit the manufacture, wholesale, distribution, sale, retail sale, or use, or any combination thereof, of a priority chemical or class of priority chemicals in a consumer product.
(2)(a) The department may order a manufacturer to submit information consistent with RCW 70A.350.030(4).
(b) The department may require a manufacturer to provide:
(i) A list of products containing priority chemicals;
(ii) Product ingredients;
(iii) Information regarding exposure and chemical hazard; and
(iv) A description of the amount and the function of the high priority chemical in the product.
(3) The department may restrict or prohibit a priority chemical or members of a class of priority chemicals in a priority consumer product when it determines:
(a) Safer alternatives are feasible and available; and
(b)(i) The restriction will reduce a significant source of or use of a priority chemical; or
(ii) The restriction is necessary to protect the health of sensitive populations or sensitive species.
(4) When determining regulatory actions under this section, the department may consider, in addition to the criteria pertaining to the selection of priority chemicals and priority consumer products that are specified in RCW 70A.350.020 and 70A.350.030, whether:
(a) The priority chemical or members of a class of priority chemicals are functionally necessary in the priority consumer product; and
(b) A restriction would be consistent with regulatory actions taken by another state or nation on a priority chemical or members of a class of priority chemicals in a product.
(5) A restriction or prohibition on a priority chemical in a consumer product may include exemptions or exceptions, including exemptions to address existing stock of a product in commerce at the time that a restriction takes effect.
[ 2020 c 20 § 1454; 2019 c 292 § 4. Formerly RCW 70.365.040.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.350 - Toxic Pollution. › 70A.350.060 - Confidentiality of information and records.

RCW 70A.350.060
Confidentiality of information and records.
(1) A manufacturer that submits information or records to the department under this chapter may request that the information or records be made available only for the confidential use of the department, the director, or the appropriate division of the department. The director shall give consideration to the request and if this action is not detrimental to the public interest and is otherwise within accord with the policies and purposes of chapter 43.21A RCW, the director must grant the request for the information to remain confidential as authorized in RCW 43.21A.160. Under the procedures established under RCW 43.21A.160, the director must keep confidential any records furnished by a manufacturer under this chapter that relate to proprietary manufacturing processes or chemical formulations used in products or processes.
(2) For records or other information furnished to the department by a federal agency on the condition that the information be afforded the same confidentiality protections as under federal law, the director may determine that the information or records be available only for the confidential use of the director, the department, or the appropriate division of the department. All such records and information are exempt from public disclosure. The director is authorized to enter into an agreement with the federal agency furnishing the records or information to ensure the confidentiality of the records or information.
[ 2019 c 292 § 6. Formerly RCW 70.365.060.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.350 - Toxic Pollution. › 70A.350.070 - Penalty.

RCW 70A.350.070
Penalty.
(1) A manufacturer violating a requirement of this chapter, a rule adopted under this chapter, or an order issued under this chapter, is subject to a civil penalty not to exceed five thousand dollars for each violation in the case of a first offense. Manufacturers who are repeat violators are subject to a civil penalty not to exceed ten thousand dollars for each repeat offense.
(2) Any penalty provided for in this section, and any order issued by the department under this chapter, may be appealed to the pollution control hearings board.
(3) All penalties collected under this chapter shall be deposited in the model toxics control operating account created in RCW 70A.305.180.
[ 2020 c 20 § 1456; 2019 c 292 § 7. Formerly RCW 70.365.070.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.350 - Toxic Pollution. › 70A.350.080 - Adoption of rules.

RCW 70A.350.080
Adoption of rules.
(1) The department may adopt rules as necessary for the purpose of implementing, administering, and enforcing this chapter.
(2)(a) The department must adopt rules to implement the determinations of regulatory actions specified in RCW 70A.350.040(1) (b) or (c). When proposing or adopting rules to implement regulatory determinations specified in this subsection, the department must identify the expected costs and benefits of the proposed or adopted rules to state agencies to administer and enforce the rules and to private persons or businesses, by category of type of person or business affected.
(b) A rule adopted to implement a regulatory determination involving a restriction on the manufacture, wholesale, distribution, sale, retail sale, or use of a priority consumer product containing a priority chemical may take effect no sooner than three hundred sixty-five days after the adoption of the rule.
(c) Each rule adopted to implement a determination of regulatory action specified in RCW 70A.350.040(1) (b) or (c) is a significant legislative rule for purposes of RCW 34.05.328. The department must prepare a small business economic impact statement consistent with the requirements of RCW 19.85.040 for each rule to implement a determination of a regulatory action specified in RCW 70A.350.040(1) (b) or (c).
[ 2020 c 20 § 1457; 2019 c 292 § 8. Formerly RCW 70.365.080.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.350 - Toxic Pollution. › 70A.350.090 - PFAS chemicals.

RCW 70A.350.090
PFAS chemicals.
(1) For purposes of the regulatory process established in this chapter, the department may consider any product identified in the department's final PFAS chemical action plan dated November 2021 as a source of or use of PFAS chemicals to be a priority consumer product under this chapter. No additional action, including publication in the Washington State Register, is required for the department to designate such a product as a priority consumer product for purposes of this chapter. For such products, the department may, under the process established in RCW 70A.350.040, determine regulatory actions and adopt rules to implement those regulatory determinations.
(2) Firefighting personal protective equipment, as defined in RCW 70A.400.005, is established as a priority consumer product for PFAS chemicals.
(3) For the products identified in this section, the department is directed to:
(a) Determine an initial set of regulatory actions under this chapter by June 1, 2024; and
(b) Adopt rules to implement the initial set of determinations of regulatory actions under (a) of this subsection by December 1, 2025.
[ 2022 c 264 § 1.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.350 - Toxic Pollution. › 70A.350.900 - Short title—2019 c 292.

RCW 70A.350.900
Short title—2019 c 292.
This act may be known and cited as the pollution prevention for healthy people and Puget Sound act.
[ 2019 c 292 § 14. Formerly RCW 70.365.900.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.355 - Underground Storage Tanks. › 70A.355.005 - Findings—Intent.

RCW 70A.355.005
Findings—Intent.
The legislature finds that leaking underground storage tanks containing petroleum and other regulated substances pose a serious threat to human health and the environment. To address this threat, the legislature intends for the department of ecology to establish an underground storage tank program designed, operated, and enforced in a manner that, at a minimum, meets the requirements for delegation of the federal underground storage tank program of the resource conservation and recovery act of 1976, as amended (42 U.S.C. Sec. 6901, et seq.). The legislature intends that statewide requirements for underground storage tanks adopted by the department be consistent with and no less stringent than the requirements in the federal regulations and the underground storage tank compliance act of 2005 (42 U.S.C. Sec. 15801 et seq., energy policy act of 2005, P.L. 109-58, Title XV, subtitle B).
The legislature further finds that certain areas of the state possess physical characteristics that make them especially vulnerable to threats from leaking underground storage tanks and that in these environmentally sensitive areas, local requirements more stringent than the statewide requirements may apply.
[ 2007 c 147 § 1; 1989 c 346 § 1. Formerly RCW 90.76.005.]
NOTES:
Sunset Act application: See note following chapter digest.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.355 - Underground Storage Tanks. › 70A.355.010 - Definitions.

RCW 70A.355.010
Definitions.
(1) The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(a) "Department" means the department of ecology.
(b) "Director" means the director of the department.
(c) "Facility compliance tag" means a marker, constructed of metal, plastic, or other durable material, that clearly identifies all qualifying underground storage tanks on the particular site for which it is issued.
(d) "Federal act" means the federal resource conservation and recovery act, as amended (42 U.S.C. Sec. 6901, et seq.).
(e) "Federal regulations" means the underground storage tanks regulations (40 C.F.R. Secs. 280 and 281) adopted by the United States environmental protection agency under the federal act.
(f) "License" means the business license underground storage tank endorsement issued by the department of revenue under chapter 19.02 RCW.
(g) "Underground storage tank compliance act of 2005" means Title XV and subtitle B of P.L. 109-58 (42 U.S.C. Sec. 15801 et seq.) which have amended the federal resource conservation and recovery act's subtitle I.
(h) "Underground storage tank system" means an underground storage tank, connected underground piping, underground ancillary equipment, and containment system, if any.
(2) Except as provided in this section and any rules adopted by the department under this chapter, the definitions contained in the federal regulations apply to the terms in this chapter.
[ 2013 c 144 § 53; 2011 c 298 § 39; 2007 c 147 § 2; 1998 c 155 § 1; 1989 c 346 § 2. Formerly RCW 90.76.010.]
NOTES:
Sunset Act application: See note following chapter digest.
Purpose—Intent—Agency transfer—Contracting—Effective date—2011 c 298: See notes following RCW 19.02.020.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.355 - Underground Storage Tanks. › 70A.355.030 - Environmentally sensitive areas.

RCW 70A.355.030
Environmentally sensitive areas.
(1) A city, town, or county may apply to the department to have an area within its jurisdictional boundaries designated an environmentally sensitive area. A city, town, or county may submit a joint application with any other city, town, or county for joint administration under chapter 39.34 RCW of a single environmentally sensitive area located in both jurisdictions.
(2) A city, town, or county may adopt proposed ordinances or resolutions establishing requirements for underground storage tanks located within an environmentally sensitive area that are more stringent than the statewide standards established under RCW 70A.355.020. Proposed local ordinances and resolutions shall only apply to new underground storage tank installations. The local government adopting the ordinances and resolutions shall submit them to the department for approval. Disapproved ordinances and resolutions may be modified and resubmitted to the department for approval. Proposed local ordinances and resolutions become effective when approved by the department.
(3) The department shall approve or disapprove each proposed local ordinance or resolution based on the following criteria:
(a) The area to be regulated is found to be an environmentally sensitive area based on rules adopted by the department; and
(b) The proposed local regulations are reasonably consistent with previously approved local regulations for similar environmentally sensitive areas.
(4) A city, town, or county for which a proposed local ordinance or resolution establishing more stringent requirements is approved by the department may establish local tank fees that meet the requirements of RCW 70A.355.080, if such fees are necessary for enhanced program administration or enforcement.
[ 2020 c 20 § 1510; 1998 c 155 § 3; 1989 c 346 § 5. Formerly RCW 90.76.040.]
NOTES:
Sunset Act application: See note following chapter digest.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.355 - Underground Storage Tanks. › 70A.355.040 - Delivery of regulated substances.

RCW 70A.355.040
Delivery of regulated substances.
(1) A person delivering regulated substances to underground storage tanks shall not deliver or deposit regulated substances to underground storage tanks or facilities that do not have a facility compliance tag displayed as required in RCW 70A.355.020(5)(a). Additionally, a person delivering regulated substances to underground storage tanks shall not deliver or deposit regulated substances to an individual underground storage tank on which the department has placed a red tag under RCW 70A.355.020(6).
(2) An owner or operator of an underground storage tank system or facility shall not accept delivery or deposit of regulated substances to that underground storage tank system or facility, if the system does not have a facility compliance tag displayed as required in RCW 70A.355.020(5)(a). Additionally, an owner or operator of an underground storage tank system or facility shall not accept delivery or deposit of regulated substances to an individual underground storage tank on which the department has placed a red tag under RCW 70A.355.020(6).
(3) A supplier shall not refuse to deliver regulated substances to an underground storage tank regulated under this chapter on the basis of its potential to leak contents where the facility displays a valid facility compliance tag as required in this chapter, and the department has not placed a red tag on the underground storage tank. This section does not apply to a supplier who does not directly transfer a regulated substance into an underground storage tank.
[ 2020 c 20 § 1511; 2007 c 147 § 4; 1998 c 155 § 4; 1989 c 346 § 6. Formerly RCW 90.76.050.]
NOTES:
Sunset Act application: See note following chapter digest.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.355 - Underground Storage Tanks. › 70A.355.050 - Investigation and access.

RCW 70A.355.050
Investigation and access.
(1) If necessary to determine compliance with the requirements of this chapter, an authorized representative of the state engaged in compliance inspections, monitoring, and testing may, by request, require an owner or operator to submit relevant information or documents. The department may subpoena witnesses, documents, and other relevant information that the department deems necessary. In the case of any refusal to obey the subpoena, the superior court for any county in which the person is found, resides, or transacts business has jurisdiction to issue an order requiring the person to appear before the department and give testimony or produce documents. Any failure to obey the order of the court may be punished by the court as contempt.
(2) Any authorized representative of the state may require an owner or operator to conduct monitoring or testing.
(3) Upon reasonable notice, an authorized representative of the state may enter a premises or site subject to regulation under this chapter or in which records relevant to the operation of an underground storage tank system are kept. In the event of an emergency or in circumstances where notice would undermine the effectiveness of an inspection, notice is not required. The authorized representative may copy these records, obtain samples of regulated substances, and inspect or conduct monitoring or testing of an underground storage tank system.
(4) For purposes of this section, the term "authorized representative" or "authorized representative of the state" means an enforcement officer, employee, or representative of the department.
[ 1998 c 155 § 5; 1989 c 346 § 7. Formerly RCW 90.76.060.]
NOTES:
Sunset Act application: See note following chapter digest.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.355 - Underground Storage Tanks. › 70A.355.060 - Enforcement.

RCW 70A.355.060
Enforcement.
The director may seek appropriate injunctive or other judicial relief by filing an action in Thurston county superior court or issue such order as the director deems appropriate to:
(1) Enjoin any threatened or continuing violation of this chapter or rules adopted under this chapter;
(2) Restrain immediately and effectively a person from engaging in unauthorized activity that results in a violation of any requirement of this chapter or rules adopted under this chapter and is endangering or causing damage to public health or the environment;
(3) Require compliance with requests for information, access, testing, or monitoring under RCW 70A.355.050; or
(4) Assess and recover civil penalties authorized under RCW 70A.355.070.
[ 2020 c 20 § 1512; 2007 c 147 § 5; 1989 c 346 § 8. Formerly RCW 90.76.070.]
NOTES:
Sunset Act application: See note following chapter digest.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.355 - Underground Storage Tanks. › 70A.355.070 - Penalties.

RCW 70A.355.070
Penalties.
(1) A person who fails to notify the department pursuant to tank notification requirements or who submits false information is subject to a civil penalty not to exceed five thousand dollars per violation.
(2) A person who violates this chapter or rules adopted under this chapter is subject to a civil penalty not to exceed five thousand dollars for each tank per day of violation.
(3) A person incurring a penalty under this chapter or rules adopted under this chapter may apply to the department in writing for the remission or mitigation of the penalty as set out in RCW 43.21B.300. A person also may appeal a penalty directly to the pollution control hearings board in accordance with RCW 43.21B.300.
[ 2007 c 147 § 6; 1995 c 403 § 639; 1989 c 346 § 9. Formerly RCW 90.76.080.]
NOTES:
Sunset Act application: See note following chapter digest.
Findings—Short title—Intent—1995 c 403: See note following RCW 34.05.328.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.355 - Underground Storage Tanks. › 70A.355.080 - Annual tank fee.

RCW 70A.355.080
Annual tank fee.
(1) An annual tank fee of one hundred twenty dollars per tank is effective July 1, 2007, to June 30, 2008. An annual tank fee of one hundred forty dollars per tank is effective from July 1, 2008, to June 30, 2009. Effective July 1, 2009, the annual tank fee will increase up to one hundred sixty dollars per tank unless the department has received sufficient additional federal grant funding to offset the increased cost of implementation of the underground storage tank compliance act of 2005 (Title XV, Subtitle B of the energy policy act of 2005). Annually, beginning on July 1, 2010, and upon a finding by the department that a fee increase is necessary, the previous tank fee amount may be increased up to the fiscal growth factor for the next year. The fiscal growth factor is calculated by the office of financial management under RCW 43.135.025 for the upcoming biennium. The department shall use the fiscal growth factor to calculate the fee for the next year and shall publish the new fee by March 1st before the year for which the new fee is effective. The new tank fee is effective from July 1st to June 30th of every year. The tank fee shall be paid by every person who:
(a) Owns an underground storage tank located in this state; and
(b) Was required to provide notification to the department under the federal act.
This fee is not required of persons who have (i) permanently closed their tanks, and (ii) if required, have completed corrective action in accordance with the rules adopted under this chapter.
(2) The department may authorize the imposition of additional annual local tank fees in environmentally sensitive areas designated under RCW 70A.355.030. Annual local tank fees may not exceed fifty percent of the annual state tank fee.
(3) State and local tank fees collected under this section shall be deposited in the account established under RCW 70A.355.090.
(4) Other than the annual local tank fee authorized for environmentally sensitive areas, no local government may levy an annual tank fee on the ownership or operation of an underground storage tank.
[ 2020 c 20 § 1513; 2007 c 147 § 7; 1998 c 155 § 6; 1989 c 346 § 10. Formerly RCW 90.76.090.]
NOTES:
Sunset Act application: See note following chapter digest.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.355 - Underground Storage Tanks. › 70A.355.090 - Underground storage tank account.

RCW 70A.355.090
Underground storage tank account.
The underground storage tank account is created in the state treasury. Money in the account may only be spent, subject to legislative appropriation, for the administration and enforcement of the underground storage tank program established under this chapter. The account shall contain:
(1) All fees collected under RCW 70A.355.080; and
(2) All fines or penalties collected under RCW 70A.355.070.
[ 2020 c 20 § 1514; 1991 sp.s. c 13 § 72; 1989 c 346 § 11. Formerly RCW 90.76.100.]
NOTES:
Sunset Act application: See note following chapter digest.
Effective dates—Severability—1991 sp.s. c 13: See notes following RCW 18.08.240.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.355 - Underground Storage Tanks. › 70A.355.100 - Preemption.

RCW 70A.355.100
Preemption.
(1) Except as provided in RCW 70A.355.030 and subsections (2), (3), (4), and (5) of this section, the rules adopted under this chapter supersede and preempt any state or local underground storage tank law, ordinance, or resolution governing any aspect of regulation covered by the rules adopted under this chapter.
(2) Provisions of the international fire code adopted under chapter 19.27 RCW, which are not more stringent than, and do not directly conflict with, rules adopted under this chapter are not superseded or preempted.
(3) Local laws, ordinances, and resolutions pertaining to local authority to take immediate action in response to a release of a regulated substance are not superseded or preempted.
(4) City, town, or county underground storage tank ordinances that are more stringent than the federal regulations and the uniform codes adopted under chapter 19.27 RCW and that were in effect on or before November 1, 1988, are not superseded or preempted.
(5) Local laws, ordinances, and resolutions pertaining to permits and fees for the use of underground storage tanks in street right-of-ways [rights-of-way] that were in existence prior to July 1, 1990, are not superseded or preempted.
[ 2020 c 20 § 1515; 2007 c 147 § 8; 1991 c 83 § 1; 1989 c 346 § 12. Formerly RCW 90.76.110.]
NOTES:
Sunset Act application: See note following chapter digest.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.355 - Underground Storage Tanks. › 70A.355.900 - Captions not law.

RCW 70A.355.900
Captions not law.
Section headings used in this chapter do not constitute any part of the law.
[ 1989 c 346 § 15. Formerly RCW 90.76.900.]
NOTES:
Sunset Act application: See note following chapter digest.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.355 - Underground Storage Tanks. › 70A.355.901 - Severability—1989 c 346.

RCW 70A.355.901
Severability—1989 c 346.
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.
[ 1989 c 346 § 14. Formerly RCW 90.76.901.]
NOTES:
Sunset Act application: See note following chapter digest.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.355 - Underground Storage Tanks. › 70A.355.902 - Effective date—1989 c 346.

RCW 70A.355.902
Effective date—1989 c 346.
(1) Except as provided in subsection (2) of this section, RCW 70A.355.040, 70A.355.100, and 19.27.080 take effect on July 1, 1990.
(2) This section shall apply only if this act becomes effective as provided under *section 20(2) of this act.
[ 2020 c 20 § 1516; 1989 c 346 § 18. Formerly RCW 90.76.902.]
NOTES:
*Reviser's note: Section 20(2) is an uncodified section that made a state reinsurance program for owners and operators of underground storage tanks a prerequisite to 1989 c 346 taking effect. 1989 c 383 created such a program.
Sunset Act application: See note following chapter digest.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.380 - Northwest Interstate Compact on Low-Level Radioactive Waste Management. › 70A.380.020 - Requirements of Washington representative to Northwest low-level waste compact committee.

RCW 70A.380.020
Requirements of Washington representative to Northwest low-level waste compact committee.
The person designated as the Washington representative to the committee as specified in Article V shall adhere to all provisions of the low-level radioactive waste compact. In considering special conditions or arrangements for access to the state's facilities from wastes generated outside of the region, the committee member shall ensure at a minimum, that the provisions of Article IV, Section 3 are complied with. After 1992 the Washington representative may approve access to the state's facility only for the states currently members of the Rocky Mountain compact or states which generate less than one thousand cubic feet of waste annually and are contiguous with a state which is a member of the Northwest compact.
[ 1990 c 21 § 5; 1981 c 124 § 2. Formerly RCW 43.145.020.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.382 - Pacific States Agreement on Radioactive Material Transportation Management. › 70A.382.900 - Legislative directive—State designee—1987 c 90.

RCW 70A.382.900
Legislative directive—State designee—1987 c 90.
(1) Section 1 of this act shall constitute a new chapter in Title 70A RCW.
(2) The Washington state designee to the committee shall be appointed by the governor.
[ 2020 c 20 § 1052; 1987 c 90 § 2. Formerly RCW 43.146.900.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.384 - Radioactive Waste Act. › 70A.384.005 - Finding—Purpose.

RCW 70A.384.005
Finding—Purpose.
The legislature finds that the safe transporting, handling, storage, or otherwise caring for radioactive wastes is required to protect the health, safety, and welfare of the citizens of the state of Washington. It is the purpose of this chapter to establish authority for the state to exercise appropriate oversight and care for the safe management and disposal of radioactive wastes; to consult with the federal government and other states on interim or permanent storage of these radioactive wastes; and to carry out the state responsibilities under the federal nuclear waste policy act of 1982.
[ 1983 1st ex.s. c 19 § 1. Formerly RCW 43.200.010.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.384 - Radioactive Waste Act. › 70A.384.010 - Definitions.

RCW 70A.384.010
Definitions.
As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise.
(1) "Commercial low-level radioactive waste disposal facility" has the same meaning as "facility" as defined in RCW 70A.380.010.
(2) "Department" means the department of ecology.
(3) "High-level radioactive waste" means "high-level radioactive waste" as the term is defined in 42 U.S.C. Sec. 10101 (P.L. 97-425).
(4) "Low-level radioactive waste" means waste material that contains radioactive nuclides emitting primarily beta or gamma radiation, or both, in concentrations or quantities that exceed applicable federal or state standards for unrestricted release. Low-level waste does not include waste containing more than one hundred nanocuries of transuranic contaminants per gram of material, nor spent nuclear fuel, nor material classified as either high-level radioactive waste or waste that is unsuited for disposal by near-surface burial under any applicable federal regulations.
(5) "Radioactive waste" means both high-level and low-level radioactive waste.
(6) "Spent nuclear fuel" means spent nuclear fuel as the term is defined in 42 U.S.C. Sec. 10101.
[ 2020 c 20 § 1053. Prior: 2012 c 19 § 1; 1989 c 322 § 1; 1985 c 293 § 1; 1984 c 161 § 1. Formerly RCW 43.200.015.]
NOTES:
Effective date—2012 c 19: "This act takes effect July 1, 2012." [ 2012 c 19 § 15.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.384 - Radioactive Waste Act. › 70A.384.020 - Participation authority regarding federal statutes—Federal financial assistance.

RCW 70A.384.020
Participation authority regarding federal statutes—Federal financial assistance.
The department of ecology is designated as the executive branch agency for participation in the federal nuclear waste policy act of 1982 and the federal low-level radioactive waste policy act of 1980, however the legislature retains an autonomous role with respect to participation in all aspects of the federal nuclear waste policy act of 1982. The department may receive federal financial assistance for carrying out radioactive waste management activities, including assistance for expenses, salaries, travel, and monitoring and evaluating the program of repository exploration and siting undertaken by the federal government.
[ 1989 c 322 § 2; 1984 c 161 § 2; 1983 1st ex.s. c 19 § 2. Formerly RCW 43.200.020.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.384 - Radioactive Waste Act. › 70A.384.030 - Cooperation required.

RCW 70A.384.030
Cooperation required.
All departments, agencies, and officers of this state and its subdivisions shall cooperate with the department of ecology in the furtherance of any of its activities pursuant to this chapter.
[ 1989 c 322 § 3; 1984 c 161 § 4; 1983 1st ex.s. c 19 § 3. Formerly RCW 43.200.030.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.384 - Radioactive Waste Act. › 70A.384.040 - Rules.

RCW 70A.384.040
Rules.
The department of ecology shall adopt such rules as are necessary to carry out responsibilities under this chapter. The department of ecology is authorized to adopt such rules as are necessary to carry out its responsibilities under chapter 70A.380 RCW.
[ 2020 c 20 § 1054; 1989 c 322 § 5; 1986 c 2 § 5; 1984 c 161 § 8; 1983 1st ex.s. c 19 § 7. Formerly RCW 43.200.070.]