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 173-340-745 - Soil cleanup standards for industrial properties

Current through Register Vol. 24-14, July 15, 2024
(1)
Applicability.
(a) Criteria.
				This section shall be used to establish soil cleanup levels where the
				department has determined that industrial land use represents the reasonable
				maximum exposure. Soil cleanup levels for this presumed exposure scenario shall
				be established in accordance with this section. To qualify as an industrial
				land use and to use an industrial soil cleanup level a site must meet the
				following criteria:
(i) The area of the site
				where industrial property soil cleanup levels are proposed must meet the
				definition of an industrial property under WAC
				173-340-200;
Industrial soil cleanup levels are based on an adult worker
				  exposure scenario. It is essential to evaluate land uses and zoning for
				  compliance with this definition in the context of this exposure scenario. Local
				  governments use a variety of zoning categories for industrial land uses so a
				  property does not necessarily have to be in a zone called "industrial" to meet
				  the definition of "industrial property." Also, there are land uses allowed in
				  industrial zones that are actually commercial or residential, rather than
				  industrial, land uses. Thus, an evaluation to determine compliance with this
				  definition should include a review of the actual text in the comprehensive plan
				  and zoning ordinance pertaining to the site and a visit to the site to observe
				  land uses in the zone. When evaluating land uses to determine if a property use
				  not specifically listed in the definition is a "traditional industrial use" or
				  to determine if the property is "zoned for industrial use," the following
				  characteristics shall be considered:
(A) People do not normally live on industrial
				property. The primary potential exposure is to adult employees of businesses
				located on the industrial property;
(B) Access to industrial property by the
				general public is generally not allowed. If access is allowed, it is highly
				limited and controlled due to safety or security considerations;
(C) Food is not normally grown/raised on
				industrial property. (However, food processing operations are commonly
				considered industrial facilities);
(D) Operations at industrial properties are
				often (but not always) characterized by use and storage of chemicals, noise,
				odors and truck traffic;
(E) The
				surface of the land at industrial properties is often (but not always) mostly
				covered by buildings or other structures, paved parking lots, paved access
				roads and material storage areas minimizing potential exposure to the soil;
				and
(F) Industrial properties may
				have support facilities consisting of offices, restaurants, and other
				facilities that are commercial in nature but are primarily devoted to
				administrative functions necessary for the industrial use and/or are primarily
				intended to serve the industrial facility employees and not the general
				public.