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 173-340-7491 - Exclusions from a terrestrial ecological evaluation

Current through Register Vol. 24-14, July 15, 2024
(1)
Criteria for determining that no
				further evaluation is required.
No further evaluation is required if the
				department determines that a site meets any of the criteria in (a) through (d)
				of this subsection:
(a) All soil contaminated
				with hazardous substances is, or will be, located below the point of compliance
				established under WAC
				173-340-7490(4).
				To qualify for this exclusion, an institutional control shall be required by
				the department under WAC
				173-340-440. An institutional
				control is not required if the contamination is at least fifteen feet below the
				ground surface (WAC
				173-340-7490(4)(b)). An exclusion based on planned future land
				use shall include a completion date for such future development that is
				acceptable to the department.
(b)
				All soil contaminated with hazardous substances is, or will be, covered by
				buildings, paved roads, pavement, or other physical barriers that will prevent
				plants or wildlife from being exposed to the soil contamination. To qualify for
				this exclusion, an institutional control shall be required by the department
				under WAC
				173-340-440. An exclusion based
				on planned future land use shall include a completion date for such future
				development that is acceptable to the department;
(c) Where the site conditions are related or
				connected to undeveloped land in the following manner:
(i) For sites contaminated with hazardous
				substances other than those specified in (c)(ii) of this subsection, there is
				less than 1.5 acres of contiguous undeveloped land on the site or within 500
				feet of any area of the site; and
(ii) For sites contaminated with any of the
				following hazardous substances: Chlorinated dioxins or furans, PCB mixtures,
				DDT, DDE, DDD, aldrin, chlordane, dieldrin, endosulfan, endrin, heptachlor or
				heptachlor epoxide, benzene hexachloride, toxaphene, hexachlorobenzene,
				pentachlorophenol, or pentachlorobenzene, there is less than 1/4 acre of
				contiguous undeveloped land on or within 500 feet of any area of the site
				affected by these hazardous substances. This list does not imply that sampling
				must be conducted for each of these chemicals at every site. Sampling should be
				conducted for those chemicals that might be present based on available
				information, such as current and past uses of chemicals at the site;
				and
(iii) For the purposes of
				(c)(i) and (ii) of this subsection, and Table 749-1, "undeveloped land" shall
				mean land that is not covered by buildings, roads, paved areas or other
				barriers that would prevent wildlife from feeding on plants, earthworms,
				insects or other food in or on the soil. "Contiguous" undeveloped land means an
				area of undeveloped land that is not divided into smaller areas by highways,
				extensive paving or similar structures that are likely to reduce the potential
				use of the overall area by wildlife. Roads, sidewalks and other structures that
				are unlikely to reduce potential use of the area by wildlife shall not be
				considered to divide a contiguous area into smaller areas.
(d) Concentrations of hazardous substances in
				soil do not exceed natural background levels, as determined under WAC
				173-340-709.