Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-340 - Model Toxics Control Act-Cleanup › Part 7 - CLEANUP STANDARDS › Section 173-340-702 - General policies

Current through Register Vol. 24-14, July 15, 2024
(1)
Purpose.
This section defines the general policies and principles
				that shall be followed when establishing and implementing cleanup standards.
				This section shall be used in combination with other sections of this
				chapter.
(2)
Policy on
				expediting cleanups.
Establishing cleanup standards and selecting an
				appropriate cleanup action involves many technical and public policy decisions.
				This chapter is intended to constrain the range of decisions made on individual
				sites to promote expeditious cleanups.
(3)
Goal for cleanups.
The Model
				Toxics Control Act contains policies that state, in part, each person has a
				fundamental and inalienable right to a healthful environment and it is
				essential that sites be cleaned up well. Consistent with these policies,
				cleanup standards and cleanup actions selected under this chapter shall be
				established that provide conservative estimates of human health and
				environmental risks that protect susceptible individuals as well as the general
				population.
(4)
Current and
				potential site and resource uses.
Cleanup standards and cleanup actions
				selected under this chapter shall be established that protect human health and
				the environment for current and potential future site and resource
				uses.
(5)
Presumption for
				cleanup actions.
Cleanup actions that achieve cleanup levels at the
				applicable point of compliance under Methods A, B, or C (as applicable) and
				comply with applicable state and federal laws shall be presumed to be
				protective of human health and the environment.
(6)
Cost considerations.
Except
				as provided for in applicable state and federal laws, cost shall not be a
				factor in determining what cleanup level is protective of human health and the
				environment. In addition, where specifically provided for in this chapter, cost
				may be appropriate for certain other determinations related to cleanup
				standards such as point of compliance. Cost shall, however, be considered when
				selecting an appropriate cleanup action.
(7)
Cleanup action alternatives.
At most sites, there is more than one hazardous substance and more than one
				pathway for hazardous substances to get into the environment. For many sites
				there is more than one method of cleanup (cleanup action component) that could
				address each of these. When evaluating cleanup action alternatives it is
				appropriate to consider a representative range of cleanup action components
				that could address each of these as well as different combinations of these
				components to accomplish the overall site cleanup.
(8)
Cross-media impacts.
The
				cleanup of a particular medium at a site will often affect other media at the
				site. These cross-media impacts shall be considered when establishing cleanup
				standards and selecting a cleanup action. Cleanup actions conducted under this
				chapter shall use appropriate engineering controls or other measures to
				minimize these cross-media impacts.
(9)
Relationship between cleanup levels
				and cleanup actions.
In general, cleanup levels must be met throughout a
				site before the site will be considered clean. A cleanup action that leaves
				hazardous substances on a site in excess of cleanup levels may be acceptable as
				long as the cleanup action complies with WAC
				173-340-350 through
				173-340-390. However, these rules
				are intended to promote thorough cleanups rather than long-term partial
				cleanups or containment measures.
(10)
Relationship to federal cleanup
				law.
When evaluating cleanup actions performed under the federal cleanup
				law, the department shall consider WAC
				173-340-350,
				173-340-351,
				173-340-355,
				173-340-357,
				173-340-360,
				173-340-370,
				173-340-410,
				173-340-420,
				173-340-440,
				173-340-450,
				173-340-700 through
				173-340-760, and
				173-340-830 to be legally
				applicable requirements under Section 121(d) of the federal cleanup
				law.
(11)
Reviewing and
				updating cleanup standards.
The department shall review and, as
				appropriate, update Part 7 of this chapter at least once every five
				years.
(12)
Applicability of
				new cleanup levels.
(a) For cleanup
				actions conducted by the department, or under an order or decree, the
				department shall determine the cleanup level that applies to a release based on
				the rules and analytical methods in effect under this chapter at the time the
				department issues a final cleanup action plan for that release.
(b) In reviewing the adequacy of independent
				remedial actions, the department shall determine the cleanup level that applies
				to a release based on the rules and analytical methods in effect at the time
				the final cleanup action for that release began or in effect when the
				department reviews the cleanup action, whichever is less stringent.
(c) A release cleaned up under the cleanup
				levels determined in (a) or (b) of this subsection shall not be subject to
				further cleanup action due solely to subsequent amendments to the provisions in
				this chapter on cleanup levels or subsequent availability of more sensitive
				analytical methods, unless the department determines, on a case-by-case basis,
				that the previous cleanup action is no longer sufficiently protective of human
				health and the environment.
(d)
				Nothing in this subsection constitutes a settlement or release of liability
				under the Model Toxics Control Act.