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70A.05.060 | Estimated state agency costs. | (1) By September 30, 2024, the department of ecology shall provide the estimated state agency costs for implementing the updated climate response strategy, including existing programs and new recommended actions, to the governor and appropriate committees of the legislature. Estimated state agency costs should be proje... |
70A.05.800 | Chapter does not authorize new or additional regulatory authority. | Nothing in this chapter creates any new or additional regulatory authority for any state agency.
[ 2023 c 169 s 8 .]
Findings — Intent — 2023 c 169: See note following RCW 70A.05.010 . |
70A.05.900 | Findings—2009 c 519. | The legislature finds that in chapter 14, Laws of 2008, the legislature established greenhouse gas emission reduction limits for Washington state, including a reduction of overall emissions by 2020 to emission levels in 1990, a reduction by 2035 to levels twenty-five percent below 1990 levels, and by 2050 a further red... |
70A.10.010 | Definitions. | As used in this chapter, unless the context requires otherwise: (1) "Department" means the department of ecology; (2) "Operation" means the performance of weather modification and control activities pursuant to a single contract entered into for the purpose of producing or attempting to produce, a certain modifying eff... |
70A.10.020 | Powers and duties. | In the performance of its functions the department may, in addition to any other acts authorized by law: (1) Establish advisory committees to advise with and make recommendations to the department concerning legislation, policies, administration, research, and other matters; (2) Establish by regulation or order such st... |
70A.10.030 | Promotion of research and development activities—Contracts and agreements. | The department shall exercise its powers in such manner as to promote the continued conduct of research and development activities in the fields specified below by private or public institutions or persons and to assist in the acquisition of an expanding fund of theoretical and practical knowledge in such fields. To th... |
70A.10.040 | Hearing procedure. | In the case of hearings pursuant to RCW 70A.10.160 the department shall, and in other cases may, cause a record of the proceedings to be taken and filed with the department, together with its findings and conclusions. For any hearing, the director of the department or a representative designated by him or her is author... |
70A.10.050 | Acceptance of gifts, donations, etc. | (1) The department may, subject to any limitations otherwise imposed by law, receive and accept for and in the name of the state any funds which may be offered or become available from federal grants or appropriations, private gifts, donations, or bequests, or any other source, and may expend such funds, subject to any... |
70A.10.060 | License and permit required. | Except as provided in RCW 70A.10.070 , no person shall engage in activities for weather modification and control except under and in accordance with a license and a permit issued by the department authorizing such activities.
[ 2020 c 20 s 1045 ; 1973 c 64 s 6 ; 1965 c 8 s 43.37.080 . Prior: 1957 c 245 s 8 . Formerly R... |
70A.10.070 | Exemptions. | The department, to the extent it deems practical, shall provide by regulation for exempting from license, permit, and liability requirements, (1) research and development and experiments by state and federal agencies, institutions of higher learning, and bona fide nonprofit research organizations; (2) laboratory resear... |
70A.10.080 | Licenses—Requirements, duration, renewal, fees. | (1) Licenses to engage in activities for weather modification and control shall be issued to applicants therefor who pay the license fee required and who demonstrate competence in the field of meteorology to the satisfaction of the department, reasonably necessary to engage in activities for weather modification and co... |
70A.10.090 | Permits—Requirements—Hearing as to issuance. | The department shall issue permits in accordance with such procedures and subject to such conditions as it may by regulation establish to effectuate the provisions of this chapter only: (1) If the applicant is licensed pursuant to this chapter; (2) If a sufficient notice of intention is published and proof of publicati... |
70A.10.100 | Separate permit for each operation—Filing and publishing notice of intention—Activities restricted by permit and notice. | A separate permit shall be issued for each operation. Prior to undertaking any weather modification and control activities the licensee shall file with the department and also cause to be published a notice of intention. The licensee, if a permit is issued, shall confine his or her activities for the permitted operatio... |
70A.10.110 | Notice of intention—Contents. | The notice of intention shall set forth at least all the following: (1) The name and address of the licensee; (2) The nature and object of the intended operation and the person or organization on whose behalf it is to be conducted; (3) The area in which and the approximate time during which the operation will be conduc... |
70A.10.120 | Notice of intention—Publication. | (1) The applicant shall cause the notice of intention, or that portion thereof including the items specified in RCW 70A.10.110 , to be published at least once a week for three consecutive weeks in a legal newspaper having a general circulation and published within any county in which the operation is to be conducted an... |
70A.10.130 | Financial responsibility. | Proof of financial responsibility may be furnished by an applicant by his or her showing, to the satisfaction of the department, his or her ability to respond in damages for liability which might reasonably be attached to or result from his or her weather modification and control activities in connection with the opera... |
70A.10.140 | Fees—Sanctions for failure to pay. | The fee to be paid by each applicant for a permit shall be equivalent to one and one-half percent of the estimated cost of such operation, the estimated cost to be computed by the department from the evidence available to it. The fee is due and payable to the department as of the date of the issuance of the permit; how... |
70A.10.150 | Records and reports—Open to public examination. | (1) Every licensee shall keep and maintain a record of all operations conducted by him or her pursuant to his or her license and each permit, showing the method employed, the type of equipment used, materials and amounts thereof used, the times and places of operation of the equipment, the name and post office address ... |
70A.10.160 | Revocation, suspension, modification of license or permit. | (1) The department may suspend or revoke any license or permit issued if it appears that the licensee no longer possesses the qualifications necessary for the issuance of a new license or permit. The department may suspend or revoke any license or permit if it appears that the licensee has violated any of the provision... |
70A.10.170 | Liability of state denied—Legal rights of private persons not affected. | Nothing in this chapter shall be construed to impose or accept any liability or responsibility on the part of the state, the department, or any state officials or employees for any weather modification and control activities of any private person or group, nor to affect in any way any contractual, tortious, or other le... |
70A.10.180 | Penalty. | Any person violating any of the provisions of this chapter or any lawful regulation or order issued pursuant thereto, shall be guilty of a misdemeanor; and a continuing violation is punishable as a separate offense for each day during which it occurs.
[ 1965 c 8 s 43.37.200 . Prior: 1957 c 245 s 20 . Formerly RCW 43.37... |
70A.10.190 | Legislative declaration. | The legislature finds and declares that when prolonged lack of precipitation or shortages of water supply in the state cause severe hardships affecting the health, safety, and welfare of the people of the state, a program to increase precipitation is occasionally needed for the generation of hydroelectric power, for do... |
70A.10.200 | Program of emergency cloud seeding authorized. | The director of ecology may establish by rule under chapter 34.05 RCW a program of emergency cloud seeding. The director may include in these rules standards and guidelines for determining the situations which warrant cloud seeding and the means to be used for cloud seeding.
[ 1981 c 278 s 2 . Formerly RCW 43.37.215 .]... |
70A.10.210 | Exemption of licensee from certain requirements. | Upon a proclamation of a state of emergency, related to a lack of precipitation or a shortage of water supply, by the governor under RCW 43.06.210 , the department shall exempt a licensee from the requirements of RCW 70A.10.090 (2) and (6) and 70A.10.120 .
[ 2020 c 20 s 1049 ; 1981 c 278 s 3 . Formerly RCW 43.37.220 .]... |
70A.10.900 | Effective date—1973 c 64. | The effective date of this 1973 amendatory act shall be July 1, 1973.
[ 1973 c 64 s 18 . Formerly RCW 43.37.910 .] |
70A.15.1005 | Declaration of public policies and purpose. | It is declared to be the public policy to preserve, protect, and enhance the air quality for current and future generations. Air is an essential resource that must be protected from harmful levels of pollution. Improving air quality is a matter of statewide concern and is in the public interest. It is the intent of thi... |
70A.15.1010 | Air pollution control account—Air operating permit account. | *** CHANGE IN 2026 *** (SEE 6151.SL ) ***
(1) The air pollution control account is established in the state treasury. All receipts collected by or on behalf of the department from RCW 70A.15.2200 (2), and receipts from nonpermit program sources under RCW 70A.15.2210 (1) and 70A.15.2230 (7), and all receipts from RCW 70... |
70A.15.1030 | Definitions. | The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Air contaminant" means dust, fumes, mist, smoke, other particulate matter, vapor, gas, odorous substance, or any combination thereof. (2) "Air pollution" is presence in the outdoor atmosphere of one or more... |
70A.15.1040 | Environmental excellence program agreements—Effect on chapter. | Notwithstanding any other provision of law, any legal requirement under this chapter, including any standard, limitation, rule, or order is superseded and replaced in accordance with the terms and provisions of an environmental excellence program agreement, entered into under chapter 43.21K RCW.
[ 1997 c 381 s 21 . For... |
70A.15.1050 | Technical assistance program for regulated community. | The department shall establish a technical assistance unit within its air quality program, consistent with the federal clean air act, to provide the regulated community, especially small businesses with: (1) Information on air pollution laws, rules, compliance methods, and technologies; (2) Information on air pollution... |
70A.15.1060 | Transportation activities—"Conformity" determination requirements. | In areas subject to a state implementation plan, no state agency, metropolitan planning organization, or local government shall approve or fund a transportation plan, program, or project within or that affects a nonattainment area unless a determination has been made that the plan, program, or project conforms with the... |
70A.15.1070 | Causing or permitting air pollution unlawful—Exception. | Except where specified in a variance permit, as provided in RCW 70A.15.2310 , it shall be unlawful for any person to cause air pollution or permit it to be caused in violation of this chapter, or of any ordinance, resolution, rule or regulation validly promulgated hereunder.
[ 2020 c 20 s 1082 ; 1980 c 175 s 2 ; 1967 c... |
70A.15.1080 | Exception—Burning wood at historic structure. | Except as otherwise provided in this section, any building or structure listed on the national register of historic sites, structures, or buildings established pursuant to 80 Stat. 915, 16 U.S.C. Sec. 470a, or on the state register established pursuant to RCW 27.34.220 , shall be permitted to burn wood as it would have... |
70A.15.1090 | Policy to cooperate with federal government. | It is declared to be the policy of the state of Washington through the department of ecology to cooperate with the federal government in order to insure the coordination of the provisions of the federal and state clean air acts, and the department is authorized and directed to implement and enforce the provisions of th... |
70A.15.1100 | Issuance of enforceable order—Overburdened communities. | The department or a local air authority must issue an enforceable order under this chapter, consistent with RCW 70A.65.020 (2) (b) and (c), to all permitted or registered sources operating in overburdened communities when, consistent with RCW 70A.65.020 (2)(a), the department determines that criteria pollutants are not... |
70A.15.1110 | Limitations on the use of gas—Prohibition. | An authority shall not in any way prohibit, penalize, or discourage the use of gas for any form of heating, or for uses related to any appliance or equipment, in any building.
[ 2025 c 1 s 11 (Initiative Measure No. 2066, approved November 5, 2024).]
Findings — 2025 c 1 (Initiative Measure No. 2066): See note following... |
70A.15.1500 | Air pollution control authorities created—Activated authorities, composition, meetings—Delineation of air pollution regions, considerations. | (1) In each county of the state there is hereby created an air pollution control authority, which shall bear the name of the county within which it is located. The boundaries of each authority shall be coextensive with the boundaries of the county within which it is located. An authority shall include all incorporated ... |
70A.15.1510 | Air pollution control authority may be activated by counties, when. | The legislative authority of any county may activate an air pollution control authority following a public hearing on its own motion, or upon a filing of a petition signed by one hundred property owners within the county. If the county legislative authority determines as a result of the public hearing that: (1) Air pol... |
70A.15.1520 | Multicounty authority may be formed by contiguous counties—Name. | The boards of county commissioners of two or more contiguous counties may, by joint resolution, combine to form a multicounty air pollution control authority. Boundaries of such authority shall be coextensive with the boundaries of the counties forming the authority. The name of the multicounty authority shall bear the... |
70A.15.1530 | Merger of active and inactive authorities to form multicounty or regional authority—Procedure. | The respective boards of county commissioners of two or more contiguous counties may merge any combination of their several inactive or activated authorities to form one activated multicounty authority. Upon a determination that the purposes of this chapter will be served by such merger, each board of county commission... |
70A.15.1540 | Merger of active and inactive authorities to form multicounty or regional authority—Reorganization of board of directors—Rules and regulations. | Whenever there occurs a merger of an inactive authority with an activated authority or authorities, or of two activated authorities to form a multicounty authority, the board of directors shall be reorganized as provided in RCW 70A.15.2000 , 70A.15.2010 , and 70A.15.2020 . In the case of the merger of two or more activ... |
70A.15.1550 | Resolutions activating authorities—Contents—Filings—Effective date of operation. | The resolution or resolutions activating an air pollution authority shall specify the name of the authority and participating political bodies; the authority's principal place of business; the territory included within it; and the effective date upon which such authority shall begin to transact business and exercise it... |
70A.15.1560 | Powers and duties of authorities. | An activated authority shall be deemed a municipal corporation; have right to perpetual succession; adopt and use a seal; may sue and be sued in the name of the authority in all courts and in all proceedings; and, may receive, account for, and disburse funds, employ personnel, and acquire or dispose of any interest in ... |
70A.15.1570 | Cost-reimbursement agreements. | (1) An authority may enter into a written cost-reimbursement agreement with a permit applicant or project proponent to recover from the applicant or proponent the reasonable costs incurred by the authority in carrying out the requirements of this chapter, as well as the requirements of other relevant laws, as they rela... |
70A.15.1580 | Excess tax levy authorized—Election, procedure, expense. | An activated authority shall have the power to levy additional taxes in excess of the constitutional and/or statutory tax limitations for any of the authorized purposes of such activated authority, not in excess of twenty-five cents per thousand dollars of assessed value a year when authorized so to do by the electors ... |
70A.15.1590 | Air pollution control authority—Fiscal year—Adoption of budget—Contents. | Notwithstanding the provisions of RCW 1.16.030 , the budget year of each activated authority shall be the fiscal year beginning July 1st and ending on the following June 30th. On or before the fourth Monday in June of each year, each activated authority shall adopt a budget for the following fiscal year. The activated ... |
70A.15.1600 | Methods for determining proportion of supplemental income to be paid by component cities, towns and counties—Payment. | (1) Each component city or town shall pay such proportion of the supplemental income to the authority as determined by either one of the following prescribed methods or by a combination of fifty percent of one and fifty percent of the other as provided in subsection (1)(c) of this section: (a) Each component city or to... |
70A.15.1610 | Designation of authority treasurer and auditor—Duties. | The treasurer of each component city, town, or county shall create a separate fund into which shall be paid all money collected from taxes or from any other available sources, levied by or obtained for the activated authority on property or on any other available sources in such city, town, or county . The collected m... |
70A.15.1620 | Assessed valuation of taxable property, certification by county assessors. | It shall be the duty of the assessor of each component county to certify annually to the board the aggregate assessed valuation of all taxable property in all incorporated and unincorporated areas situated in any activated authority as the same appears from the last assessment roll of his or her county.
[ 2012 c 117 s ... |
70A.15.1630 | Authorization to borrow money. | An activated authority shall have the power when authorized by a majority of all members of the board to borrow money from any component city, town or county and such cities, towns and counties are hereby authorized to make such loans or advances on such terms as may be mutually agreed upon by the board and the legisla... |
70A.15.1640 | Special air pollution studies—Contracts for conduct of. | In addition to paying its share of the supplemental income of the activated authority, each component city, town, or county shall have the power to contract with such authority and expend funds for the conduct of special studies, investigations, plans, research, advice, or consultation relating to air pollution and its... |
70A.15.2000 | Air pollution control authority—Board of directors—Composition—Term. | (1) The governing body of each authority shall be known as the board of directors. (2)(a) In the case of an authority comprised of one county, with a population of less than four hundred thousand people, the board shall be comprised of two appointees of the city selection committee, at least one of whom shall represent... |
70A.15.2010 | City selection committees. | There shall be a separate and distinct city selection committee for each county making up an authority. The membership of such committee shall consist of the mayor of each incorporated city and town within such county, except that the mayors of the cities, with the most population in a county, having already designated... |
70A.15.2020 | City selection committees—Meetings, notice, recording officer—Alternative mail balloting—Notice. | (1) The city selection committee of each county which is included within an authority shall meet within one month after the activation of such authority for the purpose of making its initial appointments to the board of such authority and thereafter whenever necessary for the purpose of making succeeding appointments. ... |
70A.15.2030 | Air pollution control authority—Board of directors—Powers, quorum, officers, compensation. | The board shall exercise all powers of the authority except as otherwise provided. The board shall conduct its first meeting within thirty days after all of its members have been appointed or designated as provided in RCW 70A.15.2000 . The board shall meet at least ten times per year. All meetings shall be publicly ann... |
70A.15.2040 | Air pollution control authority—Powers and duties of activated authority. | The board of any activated authority in addition to any other powers vested in them by law, shall have power to: (1) Adopt, amend and repeal its own rules and regulations, implementing this chapter and consistent with it, after consideration at a public hearing held in accordance with chapter 42.30 RCW. Rules and regul... |
70A.15.2050 | Subpoena powers—Witnesses, expenses and mileage—Rules and regulations. | In connection with the subpoena powers given in RCW 70A.15.2040 (2): (1) In any hearing held under RCW 70A.15.2310 and 70A.15.2530 , the board or the department, and their authorized agents: (a) Shall issue a subpoena upon the request of any party and, to the extent required by rule or regulation, upon a statement or s... |
70A.15.2060 | Federal aid. | Any authority exercising the powers and duties prescribed in this chapter may make application for, receive, administer, and expend any federal aid, under federal legislation from any agency of the federal government, for the prevention and control of air pollution or the development and administration of programs rela... |
70A.15.2200 | Classification of air contaminant sources—Registration—Fee—Registration program defined—Adoption of rules requiring persons to report emissions of greenhouse gases. | (1) The board of any activated authority or the department, may classify air contaminant sources, by ordinance, resolution, rule or regulation, which in its judgment may cause or contribute to air pollution, according to levels and types of emissions and other characteristics which cause or contribute to air pollution,... |
70A.15.2210 | Notice may be required of construction of proposed new contaminant source—Submission of plans—Approval, disapproval—Emission control—"De minimis new sources" defined. | (1) The department of ecology or board of any authority may require notice of the establishment of any proposed new sources except single-family and duplex dwellings or de minimis new sources as defined in rules adopted under subsection (11) of this section. The department of ecology or board may require such notice to... |
70A.15.2220 | Existing stationary source—Replacement or substantial alteration of emission control technology. | Any person proposing to replace or substantially alter the emission control technology installed on an existing stationary source emission unit shall file a notice of construction application with the jurisdictional permitting authority. For projects not otherwise reviewable under RCW 70A.15.2210 , the permitting autho... |
70A.15.2230 | RACT requirements. | (1) RACT as defined in RCW 70A.15.1030 is required for existing sources except as otherwise provided in RCW 70A.15.3000 (9). (2) RACT for each source category containing three or more sources shall be determined by rule except as provided in subsection (3) of this section. (3) Source-specific RACT determinations may be... |
70A.15.2240 | Control of emissions—Bubble concept—Schedules of compliance. | (1) As used in subsection (3) of this section, the term "bubble" means an air pollution control system which permits aggregate measurements of allowable emissions, for a single category of pollutant, for emissions points from a specified emissions-generating facility or facilities. Individual point source emissions lev... |
70A.15.2250 | Preemption of uniform building and fire codes. | The department and local air pollution control authorities shall preempt the application of chapter 9 of the uniform building code and article 80 of the uniform fire code by other state agencies and local governments for the purposes of controlling outdoor air pollution from industrial and commercial sources, except wh... |
70A.15.2260 | Operating permits for air contaminant sources—Generally—Fees, report to legislature. | The department of ecology, or board of an authority, shall require renewable permits for the operation of air contaminant sources subject to the following conditions and limitations: (1) Permits shall be issued for a term of five years. A permit may be modified or amended during its term at the request of the permittee... |
70A.15.2270 | Annual fees from operating permit program source to cover cost of program. | (1) The department and delegated local air authorities are authorized to determine, assess, and collect, and each permit program source shall pay, annual fees sufficient to cover the direct and indirect costs of implementing a state operating permit program approved by the United States environmental protection agency ... |
70A.15.2280 | Source categories not required to have a permit—Recommendations. | The department shall prepare recommendations to reduce air emissions for source categories not generally required to have a permit under RCW 70A.15.2260 . Such recommendations shall not require any action by the owner or operator of a source and shall be consistent with rules adopted under chapter 70A.214 RCW. The reco... |
70A.15.2290 | Gasoline vapor recovery devices—Limitation on requiring. | (1) A gasoline vapor recovery device that captures vapors during vehicle fueling may only be required at a service station, or any other gasoline dispensing facility supplying fuel to the general public, in any of the following circumstances: (a) The facility sells in excess of six hundred thousand gallons of gasoline ... |
70A.15.2300 | Air pollution control authority control officer. | Any activated authority which has adopted an ordinance, resolution, or valid rules and regulations as provided herein for the control and prevention of air pollution shall appoint a full time control officer, whose sole responsibility shall be to observe and enforce the provisions of this chapter and all orders, ordina... |
70A.15.2310 | Variances—Application for—Considerations—Limitations—Renewals—Review. | (1) Any person who owns or is in control of any plant, building, structure, establishment, process or equipment may apply to the department of ecology or appropriate local authority board for a variance from rules or regulations governing the quality, nature, duration or extent of discharges of air contaminants. The ap... |
70A.15.2500 | Investigation of conditions by control officer or department—Entering private, public property. | For the purpose of investigating conditions specific to the control, recovery or release of air contaminants into the atmosphere, a control officer, the department, or their duly authorized representatives, shall have the power to enter at reasonable times upon any private or public property, excepting nonmultiple unit... |
70A.15.2510 | Confidentiality of records and information. | Whenever any records or other information, other than ambient air quality data or emission data, furnished to or obtained by the department of ecology or the board of any authority under this chapter, relate to processes or production unique to the owner or operator, or is likely to affect adversely the competitive pos... |
70A.15.2520 | Enforcement actions by air authority—Notice to violators. | At least thirty days prior to the commencement of any formal enforcement action under RCW 70A.15.3150 or 70A.15.3160 a local air authority shall cause written notice to be served upon the alleged violator or violators. The notice shall specify the provision of this chapter or the rule or regulation alleged to be violat... |
70A.15.2530 | Order final unless appealed to pollution control hearings board. | Any order issued by the board or by the control officer, shall become final unless such order is appealed to the hearings board as provided in chapter 43.21B RCW.
[ 1970 ex.s. c 62 s 58 ; 1969 ex.s. c 168 s 25 ; 1967 c 238 s 35 . Formerly RCW 70.94.221 .]
Savings — Effective date — Severability — 1970 ex.s. c 62: See n... |
70A.15.2540 | Rules of authority supersede local rules, regulations, etc.—Exceptions. | The rules and regulations hereafter adopted by an authority under the provisions of this chapter shall supersede the existing rules, regulations, resolutions and ordinances of any of the component bodies included within said authority in all matters relating to the control and enforcement of air pollution as contemplat... |
70A.15.2550 | Air pollution control authority—Dissolution of prior districts—Continuation of rules and regulations until superseded. | Upon the date that an authority begins to exercise its powers and functions, all rules and regulations in force on such date shall remain in effect until superseded by the rules and regulations of the authority as provided in RCW 70A.15.2540 .
[ 2020 c 20 s 1100 ; 1991 c 199 s 708 ; 1969 ex.s. c 168 s 29 ; 1967 c 238 s... |
70A.15.2560 | Air pollution control advisory council. | The board of any authority may appoint an air pollution control advisory council to advise and consult with such board, and the control officer in effectuating the purposes of this chapter. The council shall consist of at least five appointed members who are residents of the authority and who are preferably skilled and... |
70A.15.2570 | Dissolution of authority—Deactivation of authority. | An air pollution control authority may be deactivated prior to the term provided in the original or subsequent agreement by the county or counties comprising such authority upon the adoption by the board, following a hearing held upon ten days notice, to said counties, of a resolution for dissolution or deactivation an... |
70A.15.2580 | Withdrawal from multicounty authority. | (1) Any county that is part of a multicounty authority, pursuant to RCW 70A.15.1500 , may withdraw from the multicounty authority after January 1, 1992, if the county wishes to provide for air quality protection and regulation by an alternate air quality authority. A withdrawing county shall: (a) Create its own single ... |
70A.15.2590 | Certain generators fueled by biogas produced by an anaerobic digester—Extended compliance period for permit provisions related to the emissions limit for sulfur—Technical assistance. | (1) A generator operating at an electric generating project with an installed generator capacity of at least seven hundred fifty kilowatts but not exceeding one thousand kilowatts, that is in operation on June 7, 2012, and began operating after 2008, and that is located on agricultural lands of long-term commercial sig... |
70A.15.3000 | Powers and duties of department. | (1) The department shall have all the powers as provided in RCW 70A.15.2040 . (2) The department, in addition to any other powers vested in it by law after consideration at a public hearing held in accordance with chapters 42.30 and 34.05 RCW shall: (a) Adopt rules establishing air quality objectives and air quality st... |
70A.15.3010 | Enforcement actions by department—Notice to violators. | At least thirty days prior to the commencement of any formal enforcement action under RCW 70A.15.3150 and 70A.15.3160 , the department of ecology shall cause written notice to be served upon the alleged violator or violators. The notice shall specify the provision of this chapter or the rule or regulation alleged to be... |
70A.15.3020 | Hazardous substance remedial actions—Procedural requirements not applicable. | The procedural requirements of this chapter shall not apply to any person conducting a remedial action at a facility pursuant to a consent decree, order, or agreed order issued pursuant to chapter 70A.305 RCW, or to the department of ecology when it conducts a remedial action under chapter 70A.305 RCW. The department o... |
70A.15.3030 | Contracts, agreements for use of personnel by department—Reimbursement—Merit system regulations waived. | The department is authorized to contract for or otherwise agree to the use of personnel of municipal corporations or other agencies or private persons; and the department is further authorized to reimburse such municipal corporations or agencies for the employment of such personnel. Merit system regulations or standard... |
70A.15.3040 | Powers and rights of governmental units and persons are not limited by act or recommendations. | No provision of this chapter or any recommendation of the state board or of any local or regional air pollution program is a limitation: (1) On the power of any city, town or county to declare, prohibit and abate nuisances. (2) On the power of the secretary of social and health services to provide for the protection of... |
70A.15.3050 | Emission control requirements. | (1) Every activated authority operating an air pollution control program shall have requirements for the control of emissions which are no less stringent than those adopted by the department of ecology for the geographic area in which such air pollution control program is located. Less stringent requirements than compe... |
70A.15.3060 | State financial aid—Application for—Requirements. | (1) Any authority may apply to the department for state financial aid. The department shall annually establish the amount of state funds available for the local authorities taking into consideration available federal and state funds. The establishment of funding amounts shall be consistent with federal requirements and... |
70A.15.3070 | Hearing upon activation of authority—Finding—Assumption of jurisdiction by department—Expenses. | The department may, at any time and on its own motion, hold a hearing to determine if the activation of an authority is necessary for the prevention, abatement, and control of air pollution which exists or is likely to exist in any area of the state. Notice of such hearing shall be conducted in accordance with chapter ... |
70A.15.3080 | Air contaminant sources—Regulation by department; authorities may be more stringent—Hearing—Standards. | If the department finds, after public hearing upon due notice to all interested parties, that the emissions from a particular type or class of air contaminant source should be regulated on a statewide basis in the public interest and for the protection of the welfare of the citizens of the state, it may adopt and enfor... |
70A.15.3090 | Order activating authority—Filing—Hearing—Amendment of order. | If, at the end of ninety days after the department issues a report as provided for in RCW 70A.15.3070 , to appropriate county or counties recommending the activation of an authority such county or counties have not performed those actions recommended by the department, and the department is still of the opinion that th... |
70A.15.3100 | Air pollution control authority—Review by department of program. | At any time after an authority has been activated for no less than one year, the department may, on its own motion, conduct a hearing held in accordance with chapters 42.30 and 34.05 RCW, to determine whether or not the air pollution prevention and control program of such authority is being carried out in good faith an... |
70A.15.3110 | Air pollution control authority—Assumption of control by department. | (1) If, after thirty days from the time that the department issues a report or order to an authority under RCW 70A.15.3090 and 70A.15.3100 , such authority has not taken action which indicates that it is attempting in good faith to implement the recommendations or actions of the department as set forth in the report or... |
70A.15.3120 | State departments and agencies to cooperate with department and authorities. | It is declared to be the intent of the legislature of the state of Washington that any state department or agency having jurisdiction over any building, installation, other property, or other activity creating or likely to create significant air pollution shall cooperate with the department and with air pollution contr... |
70A.15.3130 | Department of health powers regarding radionuclides—Energy facility site evaluation council authority over permit program sources. | (1) The department of health shall have all the enforcement powers as provided in RCW 70A.15.3010 , 70A.15.3140 , 70A.15.3150 , 70A.15.3160 (1) through (7), and 70A.15.3170 with respect to emissions of radionuclides. This section does not preclude the department of ecology from exercising its authority under this chapt... |
70A.15.3140 | Restraining orders—Injunctions. | Notwithstanding the existence or use of any other remedy, whenever any person has engaged in, or is about to engage in, any acts or practices which constitute or will constitute a violation of any provision of this chapter, or any rule, regulation or order issued thereunder, the governing body or board or the departmen... |
70A.15.3150 | Penalties. | (1) Any person who knowingly violates any of the provisions of this chapter, chapter 70A.25 or 70A.60 RCW, or any ordinance, resolution, or regulation in force pursuant thereto is guilty of a gross misdemeanor and upon conviction thereof shall be punished by a fine of not more than $10,000, or by imprisonment in the co... |
70A.15.3160 | Civil penalties—Excusable excess emissions. | (1)(a) Except as provided in RCW 43.05.060 through 43.05.080 and 43.05.150 , and in addition to or as an alternate to any other penalty provided by law, any person who violates any of the provisions of this chapter, chapter 70A.25 , 70A.60, 70A.450, or 70A.540 RCW, RCW 76.04.205 , or any of the rules in force under suc... |
70A.15.3170 | Additional means for enforcement of chapter. | As an additional means of enforcing this chapter, the governing body or board may accept an assurance of discontinuance of any act or practice deemed in violation of this chapter or of any ordinance, resolution, rule or regulation adopted pursuant hereto, from any person engaging in, or who has engaged in, such act or ... |
70A.15.3180 | Short title. | This chapter may be known and cited as the "Washington Clean Air Act".
[ 1967 c 238 s 63 . Formerly RCW 70.94.440 .]
Short title — 1991 c 199: "This chapter shall be known and may be cited as the clean air Washington act." [ 1991 c 199 s 721 .] |
70A.15.3500 | Woodstoves—Policy. | In the interest of the public health and welfare and in keeping with the objectives of RCW 70A.15.1005 , the legislature declares it to be the public policy of the state to control, reduce, and prevent air pollution caused by woodstove emissions. It is the state's policy to reduce woodstove emissions by encouraging the... |
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