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 1 - OVERALL CLEANUP PROCESS › Section 173-340-130 - Administrative principles

Current through Register Vol. 24-14, July 15, 2024
Ecology will conduct or require remedial actions, or provide
				  technical assistance for independent remedial actions, consistent with the
				  provisions of this section.
(1)
Sharing information.
Ecology's policy is to make information about
				releases or threatened releases available to owners, operators, or other
				persons with potential liability for a site in order to encourage them to
				conduct prompt remedial action. Ecology's policy is also to make the same
				information available to interested members of the general public so they can
				follow the progress of site cleanup in the state.
(2)
Providing technical
				assistance.
All persons are encouraged to contact ecology and seek
				assistance on the general administrative and technical requirements of the
				state cleanup law. Under ecology's voluntary cleanup program, persons planning
				or conducting independent remedial action may also request technical assistance
				on how to investigate and clean up a site and written opinions on whether a
				planned or completed remedial action meets the substantive requirements of the
				state cleanup law. Such technical assistance is advisory only and is not
				binding on ecology. Such technical assistance does not constitute, and may not
				be represented by a person as, an approval of a remedial action. See
				RCW
				   70A.305.170(1) and WAC
				173-340-515(5).
				Ecology will only provide a binding commitment or approval under an order or
				decree.
(3)
Collecting
				adequate information.
Ecology intends that adequate information be
				gathered at a site to enable decisions on appropriate actions. Ecology also
				intends that decisions be made and cleanups proceed expeditiously once adequate
				information is obtained. Studies can be performed and submittals made at
				varying levels of detail appropriate to the conditions at the site. Also, steps
				in the cleanup process may be combined to facilitate quicker cleanups, where
				appropriate. Flexibility in the scope of investigations and in combining steps
				may be particularly appropriate for routine cleanup actions. Once adequate
				information has been obtained, ecology will make decisions within the framework
				provided under the state cleanup law and in site-specific orders or
				decrees.
(4)
Preparing
				documents.
Except for the initial investigation, any of the studies,
				reports, or plans used in the cleanup process can be prepared by either ecology
				or the potentially liable person. Ecology retains all authority to review and
				verify the documents submitted and to make decisions based on the documents and
				other relevant information.
(5)
Encouraging and facilitating public participation.
For
				ecology-conducted and ecology-supervised remedial actions, ecology seeks to
				encourage public participation and facilitate equitable participation in all
				steps of the cleanup process under WAC
				173-340-600. Ecology will
				encourage a level of participation appropriate to the threats posed by a site
				and the level of the public's interest in the site. When assessing public
				participation needs at a site, ecology will consider the interests of likely
				vulnerable populations and overburdened communities.
(6)
Engaging and collaborating with
				Indian tribes.
For ecology-conducted and ecology-supervised remedial
				actions, ecology will seek to engage affected Indian tribes under WAC
				173-340-620 by providing timely
				information, effective communication, continuous opportunities for
				collaboration and, when necessary, government-to-government consultation, as
				appropriate for each site.
(7)
Coordinating with agencies.
(a)
				For ecology-conducted and ecology-supervised remedial actions, ecology will
				ensure appropriate local, state, and federal agencies are kept informed and, as
				appropriate, involved in the development and implementation of remedial
				actions. Ecology may require a potentially liable person to undertake this
				responsibility. If the potentially liable person demonstrates that they are
				unable to obtain adequate involvement by a particular government agency to
				allow the remedial action to proceed, ecology will request the involvement of
				the agency.
(b) The nature and
				degree of coordination and consultation must be commensurate with the other
				agencies' interests and needs at the site. Interested agencies must be included
				in the lists for public notices under WAC
				173-340-600. To facilitate
				coordination, it is important that agencies provide specific comments,
				including the identification of other applicable state and federal laws and any
				additional information or mitigating measures that are necessary or desirable
				to satisfy their concerns.
(c) In
				order to provide for expeditious cleanup actions, all federal, state, and local
				agencies, are encouraged to coordinate with ecology when providing notices,
				holding meetings and hearings, and preparing documents. Whenever reasonable,
				ecology will coordinate and combine its activities with other agencies to
				minimize the duplication of notices, hearings and preparation of documents,
				unless otherwise prohibited.