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 173-340-710 - Applicable local, state and federal laws

Current through Register Vol. 24-14, July 15, 2024
(1)
Applicable
				state and federal laws.
All cleanup actions conducted under this chapter shall comply
				  with applicable state and federal laws. For purposes of this chapter, the term
				  "applicable state and federal laws" shall include legally applicable
				  requirements and those requirements that the department determines, based on
				  consideration of the criteria in subsection (4) of this section, are relevant
				  and appropriate requirements.
(2)
Department determination.
The person conducting a cleanup action shall identify all applicable state and
				federal laws. The department shall make the final interpretation on whether
				these requirements have been correctly identified and are legally applicable or
				relevant and appropriate.
(3)
Legally applicable requirements.
Legally applicable requirements
				include those cleanup standards, standards of control, and other environmental
				protection requirements, criteria, or limitations adopted under state or
				federal law that specifically address a hazardous substance, cleanup action,
				location or other circumstances at the site.
(4)
Relevant and appropriate
				requirements.
Relevant and appropriate requirements include those
				cleanup standards, standards of control, and other environmental requirements,
				criteria, or limitations established under state or federal law that, while not
				legally applicable to the hazardous substance, cleanup action, location, or
				other circumstance at a site, address problems or situations sufficiently
				similar to those encountered at the site that their use is well suited to the
				particular site. WAC
				173-340-710 through
				173-340-760 identifies several
				requirements the department shall consider relevant and appropriate for
				establishing cleanup standards. For other regulatory requirements, the
				following criteria shall be evaluated, where pertinent, to determine whether
				such requirements are relevant and appropriate for a particular hazardous
				substance, remedial action, or site:
(a)
				Whether the purpose for which the statute or regulations under which the
				requirement was created is similar to the purpose of the cleanup
				action;
(b) Whether the media
				regulated or affected by the requirement is similar to the media contaminated
				or affected at the site;
(c)
				Whether the hazardous substance regulated by the requirement is similar to the
				hazardous substance found at the site;
(d) Whether the entities or interests
				affected or protected by the requirement are similar to the entities or
				interests affected by the site;
(e)
				Whether the actions or activities regulated by the requirement are similar to
				the cleanup action contemplated at the site;
(f) Whether any variance, waiver, or
				exemption to the requirements are available for the circumstances of the
				site;
(g) Whether the type of place
				regulated is similar to the site;
(h) Whether the type and size of structure or
				site regulated is similar to the type and size of structure or site affected by
				the release or contemplated by the cleanup action; and
(i) Whether any consideration of use or
				potential use of affected resources in the requirement is similar to the use or
				potential use of the resources affected by the site or contemplated cleanup
				action.