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70A.15.3510 | Woodstoves—Definitions. | Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 70A.15.3510 through 70A.15.3620 : (1) "Authority" means any air pollution control agency whose jurisdictional boundaries are coextensive with the boundaries of one or more counties. (2) "Department" means the department ... |
70A.15.3520 | Residential and commercial construction—Burning and heating device standards. | After January 1, 1992, no used solid fuel burning device shall be installed in new or existing buildings unless such device is either Oregon department of environmental quality phase II or United States environmental protection agency certified or a pellet stove either certified or exempt from certification by the Unit... |
70A.15.3530 | Solid fuel burning devices—Emission performance standards. | The department of ecology shall establish by rule under chapter 34.05 RCW: (1) Statewide emission performance standards for new solid fuel burning devices. Notwithstanding any other provision of this chapter which allows an authority to adopt more stringent emission standards, no authority shall adopt any emission stan... |
70A.15.3540 | Sale of unapproved woodstoves—Prohibited. | After July 1, 1988, no person shall sell, offer to sell, or knowingly advertise to sell a new woodstove in this state to a resident of this state unless the woodstove has been approved by the department under the program established under RCW 70A.15.3530 .
[ 2020 c 20 s 1116 ; 1995 c 205 s 4 ; 1987 c 405 s 7 . Formerly... |
70A.15.3550 | Sale of unapproved woodstoves—Penalty. | After July 1, 1988, any person who sells, offers to sell, or knowingly advertises to sell a new woodstove in this state in violation of RCW 70A.15.3540 shall be subject to the penalties and enforcement actions under this chapter.
[ 2020 c 20 s 1117 ; 1987 c 405 s 8 . Formerly RCW 70.94.463 .]
Severability — 1987 c 405:... |
70A.15.3560 | Sale of unapproved woodstoves—Application of law to advertising media. | Nothing in RCW 70A.15.3540 or 70A.15.3550 shall apply to a radio station, television station, publisher, printer, or distributor of a newspaper, magazine, billboard, or other advertising medium that accepts advertising in good faith and without knowledge of its violation of RCW 70A.15.3510 through 70A.15.3620 .
[ 2020 ... |
70A.15.3570 | Residential solid fuel burning devices—Opacity levels—Enforcement and public education. | (1) The department shall establish, by rule under chapter 34.05 RCW, (a) a statewide opacity level of twenty percent for residential solid fuel burning devices for the purpose of enforcement on a complaint basis and (b) a statewide opacity of ten percent for purposes of public education. (2) Notwithstanding any other p... |
70A.15.3580 | Limitations on burning wood for heat—First and second stage burn bans—Report on second stage burn ban—Exceptions—Emergency situations. | (1) Any person in a residence or commercial establishment which has an adequate source of heat without burning wood shall: (a) Not burn wood in any solid fuel burning device whenever the department has determined under RCW 70A.15.6010 that any air pollution episode exists in that area; (b) Not burn wood in any solid fu... |
70A.15.3590 | Liability of condominium owners' association or resident association. | A condominium owners' association or an association formed by residents of a multiple-family dwelling are not liable for violations of RCW 70A.15.3580 by a resident of a condominium or multiple-family dwelling. The associations shall cooperate with local air pollution control authorities to acquaint residents with the ... |
70A.15.3600 | Limitations on use of solid fuel burning devices. | (1) Unless allowed by rule under chapter 34.05 RCW, a person shall not cause or allow any of the following materials to be burned in any residential solid fuel burning device: (a) Garbage; (b) Treated wood; (c) Plastics; (d) Rubber products; (e) Animals; (f) Asphaltic products; (g) Waste petroleum products; (h) Paints;... |
70A.15.3610 | Woodstove education program. | (1) The department of ecology shall establish a program to educate woodstove dealers and the public about: (a) The effects of woodstove emissions on health and air quality; (b) Methods of achieving better efficiency and emission performance from woodstoves; (c) Woodstoves that have been approved by the department; (d) ... |
70A.15.3620 | Woodstove education and enforcement account created—Fee imposed on solid fuel burning device sales. | (1) The woodstove education and enforcement account is hereby created in the state treasury. Money placed in the account shall include all money received under subsection (2) of this section and any other money appropriated by the legislature. Money in the account shall be spent for the purposes of the woodstove educat... |
70A.15.3630 | Woodsmoke emissions—Findings. | The legislature finds that there are some communities in the state in which the national ambient air quality standards for PM 2.5 are exceeded, primarily due to woodsmoke emissions, and that current strategies are not sufficient to reduce woodsmoke emissions to levels that comply with the federal standards or adequatel... |
70A.15.4000 | Transportation demand management—Findings. | The legislature finds that automotive traffic in Washington's metropolitan areas is the major source of emissions of air contaminants. This air pollution causes significant harm to public health, causes damage to trees, plants, structures, and materials and degrades the quality of the environment. Increasing automotive... |
70A.15.4010 | Transportation demand management—Definitions. | Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "A major employer" means a private or public employer, including state agencies, that employs one hundred or more full-time employees at a single worksite who begin their regular workday between 6:00 a.m. a... |
70A.15.4020 | Transportation demand management—Requirements for counties and cities. | (1) Each county containing an urban growth area, designated pursuant to RCW 36.70A.110 , and each city within an urban growth area with a state highway segment exceeding the one hundred person hours of delay threshold calculated by the department of transportation, as well as those counties and cities located in any co... |
70A.15.4030 | Transportation demand management—Growth and transportation efficiency centers.(Effective until July 1, 2026.) | (1) A county, city, or town may, as part of its commute trip reduction plan, designate existing activity centers listed in its comprehensive plan or new activity centers as growth and transportation efficiency centers and establish a transportation demand management program in the designated area. (a) The transportatio... |
70A.15.4040 | Transportation demand management—Requirements for employers. | (1) State agency worksites are subject to the same requirements under this section and RCW 70A.15.4050 as private employers. (2) Not more than ninety days after the adoption of a jurisdiction's commute trip reduction plan, each major employer in that jurisdiction shall perform a baseline measurement consistent with the... |
70A.15.4050 | Transportation demand management—Jurisdictions' review and penalties. | (1) Each jurisdiction implementing a commute trip reduction plan under this chapter or as part of a plan or ordinance developed under RCW 36.70A.070 shall review each employer's initial commute trip reduction program to determine if the program is likely to meet the applicable commute trip reduction goals. The employer... |
70A.15.4060 | Transportation demand management—Commute trip reduction board. | (1) A sixteen member state commute trip reduction board is established as follows: (a) The secretary of transportation or the secretary's designee who shall serve as chair; (b) One representative from the office of financial management; (c) The director or the director's designee of one of the following agencies, to be... |
70A.15.4070 | Transportation demand management—Technical assistance. | (1) The department of transportation shall provide staff support to the commute trip reduction board in carrying out the requirements of RCW 70A.15.4060 . (2) The department of transportation shall provide technical assistance to regional transportation planning organizations, counties, cities, towns, state agencies, a... |
70A.15.4080 | Transportation demand management—Use of funds. | A portion of the funds made available for the purposes of this chapter shall be used to fund the commute trip reduction board in carrying out the responsibilities of RCW 70A.15.4060 , and the department of transportation, including the activities authorized under RCW 70A.15.4070 (2), and to assist regional transportati... |
70A.15.4090 | Transportation demand management—Intent—State leadership. | The legislature hereby recognizes the state's crucial leadership role in establishing and implementing effective commute trip reduction programs. Therefore, it is the policy of the state that the department of transportation and other state agencies, including institutions of higher education, shall aggressively develo... |
70A.15.4100 | Transportation demand management—State agencies—Joint comprehensive commute trip reduction plan—Reports. | (1) The secretary of the department of transportation may coordinate an interagency board or other interested parties for the purpose of developing policies or guidelines that promote consistency among state agency commute trip reduction programs required by RCW 70A.15.4020 and 70A.15.4040 or developed under the joint ... |
70A.15.4110 | Transportation demand management—Collective bargaining powers unaffected. | Nothing in chapter 329, Laws of 2006 preempts the ability of state employees to collectively bargain over commute trip reduction issues, including parking fees under chapter 41.80 RCW, or the ability of private sector employees to collectively bargain over commute trip reduction issues if previously such issues were ma... |
70A.15.4200 | Zero emission school bus grant program. | (1) The department must administer the zero emission school bus grant program within the clean diesel grant program for buses, infrastructure, and related costs. (2)(a) Appropriations to this grant program are provided solely for grants to transition from fossil fuel school buses to zero emission vehicles. Eligible use... |
70A.15.4500 | Reports of authorities to department of ecology—Contents. | All authorities in the state shall submit quarterly reports to the department of ecology detailing the current status of air pollution control regulations in the authority and, by county, the progress made toward bringing all sources in the authority into compliance with authority standards.
[ 1979 ex.s. c 30 s 14 ; 19... |
70A.15.4510 | Burning used oil fuel in land-based facilities. | (1) Except as provided in subsection (2) of this section, a person may not burn used oil as fuel in a land-based facility or in state waters unless the used oil meets the following standards: (a) Cadmium: 2 ppm maximum (b) Chromium: 10 ppm maximum (c) Lead: 100 ppm maximum (d) Arsenic: 5 ppm maximum (e) Total halogens:... |
70A.15.4520 | Metals mining and milling operations permits—Inspections by department of ecology. | If a metals mining and milling operation is issued a permit pursuant to this chapter, then it will be subject to special inspection requirements. The department of ecology shall inspect these mining operations at least quarterly in order to ensure that the operation is in compliance with the conditions of any permit is... |
70A.15.4530 | Odors or fugitive dust caused by agricultural activities consistent with good agricultural practices exempt from chapter. | (1) Odors or fugitive dust caused by agricultural activity consistent with good agricultural practices on agricultural land are exempt from the requirements of this chapter unless they have a substantial adverse effect on public health. In determining whether agricultural activity is consistent with good agricultural p... |
70A.15.4540 | Ammonia emissions from use as agricultural or silvicultural fertilizer—Regulation prohibited. | The department shall not regulate ammonia emissions resulting from the storage, distribution, transport, or application of ammonia for use as an agricultural or silvicultural fertilizer.
[ 1996 c 204 s 2 . Formerly RCW 70.94.645 .] |
70A.15.5000 | Definition of "outdoor burning." | As used in this subchapter, "outdoor burning" means the combustion of material of any type in an open fire or in an outdoor container without providing for the control of combustion or the control of emissions from the combustion.
[ 2009 c 118 s 101 . Formerly RCW 70.94.6511 .]
Purpose — 2009 c 118: "The purpose of thi... |
70A.15.5010 | Outdoor burning—Fires prohibited—Exceptions. | Except as provided in RCW 70A.15.5180 , no person shall cause or allow any outdoor fire: (1) Containing garbage, dead animals, asphalt, petroleum products, paints, rubber products, plastics, or any substance other than natural vegetation that normally emits dense smoke or obnoxious odors. Agricultural heating devices t... |
70A.15.5020 | Outdoor burning—Areas where prohibited—Exceptions—Use for management of storm or flood-related debris—Silvicultural burning. | (1) Consistent with the policy of the state to reduce outdoor burning to the greatest extent practical, outdoor burning shall not be allowed in: (a) Any area of the state where federal or state ambient air quality standards are exceeded for pollutants emitted by outdoor burning; or (b) Any urban growth area as defined ... |
70A.15.5030 | Outdoor burning—Permits issued by political subdivisions. | In addition to any other powers granted to them by law, the fire protection agency, county, or conservation district issuing burning permits shall regulate or prohibit outdoor burning as necessary to prevent or abate the nuisances caused by such burning. No fire protection agency, county, or conservation district may i... |
70A.15.5040 | Limited outdoor burning—Establishment of program. | Each activated air pollution control authority, and the department of ecology in those areas outside the jurisdictional boundaries of an activated air pollution control authority, shall establish, through regulations, ordinances, or policy, a program implementing the limited burning policy authorized by RCW 70A.15.5020... |
70A.15.5050 | Limited outdoor burning—Construction. | Nothing contained in RCW 70A.15.5020 , 70A.15.5040 , 70A.15.5050 , 70A.15.5060 , 70A.15.5070 , and 70A.15.5080 is intended to alter or change the provisions of RCW 70A.15.5120 , 70A.15.6000 through 70A.15.6040 , and 76.04.205 .
[ 2020 c 20 s 1137 ; 2009 c 118 s 202 ; 1986 c 100 s 55 ; 1972 ex.s. c 136 s 5 . Formerly RC... |
70A.15.5060 | Limited outdoor burning—Authority of local air pollution control authority or department of ecology to allow outdoor fires not restricted. | Nothing in RCW 70A.15.5020 , 70A.15.5040 , 70A.15.5050 , 70A.15.5060 , 70A.15.5070 , and 70A.15.5080 shall be construed as prohibiting a local air pollution control authority or the department of ecology in those areas outside the jurisdictional boundaries of an activated pollution control authority from allowing the b... |
70A.15.5070 | Limited outdoor burning—Program—Exceptions. | (1) It shall be the responsibility and duty of the department of natural resources, department of ecology, department of agriculture, county fire marshals in consultation with fire districts, and local air pollution control authorities to establish, through regulations, ordinances, or policy, a limited burning permit p... |
70A.15.5080 | Limited outdoor burning—Permits issued by political subdivisions—Types of fires permitted. | The following outdoor fires described in this section may be burned subject to the provisions of this chapter and also subject to city ordinances, county resolutions, rules of fire districts and laws, and rules enforced by the department of natural resources if a permit has been issued by a fire protection agency, coun... |
70A.15.5090 | Permits—Issuance—Conditioning of permits—Fees—Agricultural burning practices and research task force—Development of public education materials—Agricultural activities. | (1) Any person who proposes to set fires in the course of agricultural activities shall obtain a permit from an air pollution control authority, the department of ecology, or a local entity delegated permitting authority under RCW 70A.15.5100 . General permit criteria of statewide applicability shall be established by ... |
70A.15.5100 | Delegation of permit issuance and enforcement to political subdivisions. | Whenever an air pollution control authority, or the department of ecology for areas outside the jurisdictional boundaries of an activated air pollution control authority, shall find that any fire protection agency, county, or conservation district is capable of effectively administering the issuance and enforcement of ... |
70A.15.5110 | Open burning of grasses grown for seed—Alternatives—Studies—Deposit of permit fees in special grass seed burning account—Procedures—Limitations—Report. | It is hereby declared to be the policy of this state that strong efforts should be made to minimize adverse effects on air quality from the open burning of field and turf grasses grown for seed. To such end this section is intended to promote the development of economical and practical alternate agricultural practices ... |
70A.15.5120 | Burning permits for abating or prevention of forest fire hazards, management of ecosystems, instruction or silvicultural operations—Issuance—Fees. | (1) The department of natural resources is responsible for issuing and regulating burning permits required by it relating to the following activities for the protection of life or property and for the public health, safety, and welfare: (a) Abating or prevention of a forest fire hazard; (b) Reducing the risk of a wildf... |
70A.15.5130 | Silvicultural forest burning—Reduce statewide emissions—Exemption—Monitoring program. | (1)(a) The department of natural resources shall administer a program to reduce statewide emissions from silvicultural forest burning so as to achieve the following minimum objectives: (i) Twenty percent reduction by December 31, 1994, providing a ceiling for emissions until December 31, 2000; and (ii) Fifty percent re... |
70A.15.5140 | Burning permits for abating or prevention of forest fire hazards, management of ecosystems, instruction or silvicultural operations—Conditions for issuance and use of permits—Air quality standards to be met—Alternate methods to lessen forest debris. | (1) The department of natural resources, in granting burning permits for fires for the purposes set forth in RCW 70A.15.5120 , shall condition the issuance and use of such permits to comply to the extent feasible with air quality standards established by the department of ecology. Such burning shall not cause the state... |
70A.15.5150 | Cooperation between department of natural resources and state, local, or regional air pollution authorities—Withholding of permits. | In the regulation of outdoor burning not included in RCW 70A.15.5120 requiring permits from the department of natural resources, said department and the state, local, or regional air pollution control authorities will cooperate in regulating such burning so as to minimize insofar as possible duplicate inspections and s... |
70A.15.5160 | Adoption of rules. | The department of natural resources and the department of ecology may adopt rules necessary to implement their respective responsibilities under the provisions of RCW 70A.15.5090 , 70A.15.5100 , 70A.15.5110 , 70A.15.5120 , 70A.15.5130 , 70A.15.5140 , 70A.15.5150 , 70A.15.5160 , and 70A.15.5170 .
[ 2020 c 20 s 1146 ; 20... |
70A.15.5170 | Burning permits for regeneration of rare and endangered plants. | Nothing in this chapter prohibits fires necessary to promote the regeneration of rare and endangered plants found within natural area preserves as identified under chapter 79.70 RCW. Permits issued for burning under this section shall be drafted to minimize emissions including denial of permission to burn during period... |
70A.15.5180 | Aircraft crash rescue fire training—Training to fight structural fires—Training to fight forest fires—Other firefighter instruction. | (1) Aircraft crash rescue fire training activities meeting the following conditions do not require a permit under this section, or under RCW 70A.15.5010 , 70A.15.5020 , 70A.15.5030 , 70A.15.5040 , 70A.15.5050 , 70A.15.5060 , 70A.15.5070 , and 70A.15.5080 , from an air pollution control authority, the department, or any... |
70A.15.5190 | Outdoor burning allowed for managing storm or flood-related debris. | Consistent with RCW 70A.15.5020 , outdoor burning may be allowed anywhere in the state for the exclusive purpose of managing storm or flood-related debris.
[ 2020 c 20 s 1148 ; 2009 c 118 s 701 . Formerly RCW 70.94.6548 .]
Purpose — 2009 c 118: See note following RCW 70A.15.5000 . |
70A.15.5200 | Fires necessary for Indian ceremonies or smoke signals. | Nothing in this chapter prohibits fires necessary for Indian ceremonies or for the sending of smoke signals if part of a religious ritual. Permits issued for burning under this section shall be drafted to minimize emissions including denial of permission to burn during periods of adverse meteorological conditions.
[ 20... |
70A.15.5210 | Permit to set fires for weed abatement. | Any person who proposes to set fires in the course of weed abatement shall obtain a permit from an air pollution control authority, the department of ecology, or a local entity delegated permitting authority under RCW 70A.15.5100 . General permit criteria of statewide applicability shall be established by the departmen... |
70A.15.5220 | Disposal of tumbleweeds. | Consistent with RCW 70A.15.5070 , neither a permit nor the payment of a fee shall be required for outdoor burning for the purpose of disposal of tumbleweeds blown by wind. Such burning shall not be conducted during an air pollution episode or any stage of impaired air quality declared under RCW 70A.15.6010 . This secti... |
70A.15.6000 | Air pollution episodes—Legislative finding—Declaration of policy. | The legislature finds that whenever meteorological conditions occur which reduce the effective volume of air into which air contaminants are introduced, there is a high danger that normal operations at air contaminant sources in the area affected will be detrimental to public health or safety. Whenever such conditions,... |
70A.15.6010 | Air pollution episodes—Episode avoidance plan—Contents—Source emission reduction plans—Authority—Considered orders. | The department of ecology is hereby authorized to develop an episode avoidance plan providing for the phased reduction of emissions wherever and whenever an air pollution episode is forecast. Such an episode avoidance plan shall conform with any applicable federal standards and shall be effective statewide. The episode... |
70A.15.6020 | Air pollution episodes—Declaration of air pollution emergency by governor. | Whenever the governor finds that emissions from the operation of one or more air contaminant sources is causing imminent danger to public health or safety, he or she may declare an air pollution emergency and may order the person or persons responsible for the operation of such air contaminant source or sources to redu... |
70A.15.6030 | Air pollution episodes—Restraining orders, temporary injunctions to enforce orders—Procedure. | Whenever any order has been issued pursuant to RCW 70A.15.6000 through 70A.15.6040 , the attorney general, upon request from the governor, the director of the department of ecology, an authorized representative of either, or the attorney for a local air pollution control authority upon request of the control officer, s... |
70A.15.6040 | Air pollution episodes—Orders to be effective immediately. | Orders issued to declare any stage of an air pollution episode avoidance plan under RCW 70A.15.6010 , and to declare an air pollution emergency, under RCW 70A.15.6020 , and orders to persons responsible for the operation of an air contaminant source to reduce or discontinue emissions, according to RCW 70A.15.6010 and 7... |
70A.15.6050 | Plans approved pursuant to federal clean air act—Enforcement authority. | Notwithstanding any provision of the law to the contrary, except RCW 70A.15.5120 through 70A.15.5150 , the department of ecology, upon its approval of any plan (or part thereof) required or permitted under the federal clean air act, shall have the authority to enforce all regulatory provisions within such plan (or part... |
70A.15.6200 | Legislative declaration—Intent. | The legislature recognizes that: (1) Acid deposition resulting from commercial, industrial or other emissions of sulphur dioxide and nitrogen oxides pose a threat to the delicate balance of the state's ecological systems, particularly in alpine lakes that are known to be highly sensitive to acidification; (2) Failure ... |
70A.15.6210 | Definitions. | As used in RCW 70A.15.6200 through 70A.15.6220 , the following terms have the following meanings. (1) "Acid deposition" means wet or dry deposition from the atmosphere of chemical compounds with a pH of less than 5.6. (2) "Critical level of acid deposition and lake, stream, and soil acidification" means the level at wh... |
70A.15.6220 | Monitoring by department of ecology. | The department of ecology shall maintain a program of periodic monitoring of acid rain deposition and lake, stream, and soil acidification to ensure early detection of acidification and environmental degradation.
[ 1987 c 505 s 61 ; 1985 c 456 s 5 ; 1984 c 277 s 6 . Formerly RCW 70.94.820 .] |
70A.15.6230 | Emission credits banking program—Amount of credit. | The department of ecology and the local boards may implement an emission credits banking program. For the purposes of this section, an emission credits banking program means a program whereby an air contaminant source which reduces emissions of a given air contaminant by an amount greater than that required by applicab... |
70A.15.6240 | Department of ecology may accept delegation of programs. | The department of ecology may accept delegation of programs as provided for in the federal clean air act. Subject to federal approval, the department may, in turn, delegate such programs to the local authority with jurisdiction in a given area.
[ 1991 c 199 s 312 ; 1984 c 164 s 2 . Formerly RCW 70.94.860 .]
Finding — 1... |
70A.15.6250 | Evaluation of information on acid deposition in Pacific Northwest—Establishment of critical levels—Notification of legislature. | The department of ecology, in consultation with the appropriate committees of the house of representatives and of the senate, shall: (1) Continue evaluation of information and research on acid deposition in the Pacific Northwest region; (2) Establish critical levels of acid deposition and lake, stream, and soil acidifi... |
70A.15.6260 | Establishment of critical deposition and acidification levels—Considerations. | In establishing critical levels of acid deposition and lake, stream, and soil acidification, the department of ecology shall consider: (1) Current acid deposition and lake, stream, and soil acidification levels; (2) Changes in acid deposition and lake, stream, and soil acidification levels; (3) Effects of acid depositi... |
70A.15.6270 | Carbon dioxide mitigation—Fees. | (1) For fossil-fueled electric generation facilities having more than twenty-five thousand kilowatts station generating capability but less than three hundred fifty thousand kilowatts station generation capability, except for fossil-fueled floating thermal electric generation facilities under the jurisdiction of the en... |
70A.15.6400 | Clean fuel matching grants for public transit, vehicle mechanics, and refueling infrastructure. | The department may disburse matching grants from funds provided by the legislature from the air pollution control account, created in RCW 70A.15.1010 , to units of local government to partially offset the additional cost of purchasing "clean fuel" and/or operating "clean-fuel vehicles" provided that such vehicles are u... |
70A.15.6440 | Stationary natural gas engines used in combined heat and power systems—Permitting process—Emission limits. | (1) It is the intent of the legislature for a general permit or permit by rule adopted by the department under this section to streamline the permitting process for a stationary natural gas engine used in a combined heat and power system. It is the further intent of the legislature that a general permit or permit by ru... |
70A.15.6450 | Boiler or process heaters—Assessment and reporting requirements. | (1) An owner or operator of an industrial, commercial, or institutional boiler or process heater required to complete an energy assessment under 40 C.F.R. Part 63 subpart DDDDD shall: (a) By January 31, 2018, submit nonproprietary information reported in the energy assessment electronically to the department or air pol... |
70A.15.6455 | Restitution following a criminal conviction. | In determining restitution following a criminal conviction under this chapter, the court is authorized to order restitution for harm to natural resources or the environment.
[ 2024 c 342 s 2 .] |
70A.15.9001 | Construction—1967 c 238. | This 1967 amendatory act shall not be construed to create in any way nor to enlarge, diminish or otherwise affect in any way any private rights in any civil action for damages. Any determination that there has been a violation of the provisions of this 1967 amendatory act or of any ordinance, rule, regulation or order ... |
70A.15.9002 | Construction, repeal of RCW70.94.061through70.94.066—Saving. | The following acts or parts of acts are each repealed: (1) Section 7, chapter 238, Laws of 1967, and RCW 70.94.061 ; (2) Section 8, chapter 238, Laws of 1967, and RCW 70.94.062 ; (3) Section 9, chapter 238, Laws of 1967, and RCW 70.94.064 ; and (4) Section 10, chapter 238, Laws of 1967, and RCW 70.94.066 . Such repeals... |
70A.15.9003 | Effective dates—1991 c 199. | Sections 602 and 603 of this act shall take effect July 1, 1992. Sections 202 through 209 of this act shall take effect January 1, 1993. Sections 210 and 505 of this act shall take effect January 1, 1992. The remainder of this act is necessary for the immediate preservation of the public peace, health, or safety, or su... |
70A.15.9004 | Severability—1967 c 238. | If any phrase, clause, subsection or section of this 1967 amendatory act shall be declared unconstitutional or invalid by any court of competent jurisdiction, it shall be conclusively presumed that the legislature would have enacted this act without the phrase, clause, subsection or section so held unconstitutional or ... |
70A.20.010 | Purpose. | The legislature finds that inadequately controlled noise adversely affects the health, safety and welfare of the people, the value of property, and the quality of the environment. Antinoise measures of the past have not adequately protected against the invasion of these interests by noise. There is a need, therefore, f... |
70A.20.020 | Definitions. | As used in this chapter, unless the context clearly indicates otherwise: (1) "Department" means the department of ecology. (2) "Director" means director of the department of ecology. (3) "Local government" means county or city government or any combination of the two. (4) "Noise" means the intensity, duration and chara... |
70A.20.030 | Powers and duties of department. | The department is empowered as follows: (1) The department, after consultation with state agencies expressing an interest therein, shall adopt, by rule, maximum noise levels permissible in identified environments in order to protect against adverse affects of noise on the health, safety and welfare of the people, the v... |
70A.20.040 | Technical advisory committee. | The director shall name a technical advisory committee to assist the department in the implementation of this chapter. Committee members shall be entitled to reimbursement for travel expenses as provided in RCW 43.03.050 and 43.03.060 , as now existing or hereafter amended.
[1975-'76 2nd ex.s. c 34 s 164; 1974 ex.s. c ... |
70A.20.050 | Civil penalties. | (1) Any person who violates any rule adopted by the department under this chapter shall be subject to a civil penalty not to exceed one hundred dollars imposed by local government pursuant to this section. An action under this section shall not preclude enforcement of any provisions of the local government noise ordina... |
70A.20.060 | Other rights, remedies, powers, duties and functions—Local regulation—Approval—Procedure. | (1) Nothing in this chapter shall be construed to deny, abridge or alter alternative rights of action or remedies in equity or under common law or statutory law, criminal or civil. (2) Nothing in this chapter shall deny, abridge or alter any powers, duties and functions relating to noise abatement and control now or he... |
70A.20.070 | Rules relating to motor vehicles—Violations—Penalty. | Any rule adopted under this chapter relating to the operation of motor vehicles on public highways shall be administered according to testing and inspection procedures adopted by rule by the state patrol. Violation of any motor vehicle performance standard adopted pursuant to this chapter shall be a misdemeanor, enforc... |
70A.20.080 | Exemptions. | The department shall, in the exercise of rule-making power under this chapter, provide exemptions or specially limited regulations relating to recreational shooting and emergency or law enforcement equipment where appropriate in the interests of public safety. The department in the development of rules under this chapt... |
70A.20.900 | Construction—Severability—1974 ex.s. c 183. | (1) This chapter shall be liberally construed to carry out its broad purposes. (2) If any provision of this chapter, or its application to any person or circumstance is held invalid, the remainder of the chapter, or the application of the provision to other persons or circumstances is not affected.
[ 1974 ex.s. c 183 s... |
70A.20.901 | Short title. | This chapter shall be known and may be cited as the "Noise Control Act of 1974".
[ 1974 ex.s. c 183 s 12 . Formerly RCW 70.107.910 .] |
70A.25.010 | Definitions. | Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Department" means the department of ecology. (2) "Director" means the director of the department of ecology. (3) "Fleet" means a group of fifteen or more motor vehicles registered in the same name and whos... |
70A.25.020 | Programs. | (1) The department shall conduct a public educational program regarding the health effects of air pollution emitted by motor vehicles; the purpose, operation, and effect of emission control devices and systems; and the effect that proper maintenance of motor vehicle engines has on fuel economy and air pollution emissio... |
70A.25.030 | Vehicle inspections—Failed—Certificate of acceptance. | (1) Any person: (a) Whose motor vehicle is tested pursuant to this chapter and fails to comply with the emission standards established for the vehicle; and (b) Who, following such a test, expends more than one hundred dollars on a 1980 or earlier model year motor vehicle or expends more than one hundred fifty dollars o... |
70A.25.040 | Vehicle inspections—Fleets. | The director may authorize an owner or lessee of a fleet of motor vehicles, or the owner's or lessee's agent, to inspect the vehicles in the fleet and issue certificates of compliance for the vehicles in the fleet if the director determines that: (1) The director's inspection procedures will be complied with; and (2) c... |
70A.25.050 | Vehicle inspections—Complaints. | The department shall investigate complaints received regarding the operation of emission testing stations and shall require corrections or modifications in those operations when deemed necessary. The department shall also review complaints received regarding the maintenance or repairs secured by owners of motor vehicle... |
70A.25.060 | Rules. | The director shall adopt rules implementing and enforcing this chapter in accordance with chapter 34.05 RCW. The department shall take into account when considering proposed modifications of emission contributing boundaries, as provided for in RCW 70A.25.080 (6), alternative transportation control and motor vehicle emi... |
70A.25.070 | Authority. | The authority granted by this chapter to the director and the department for controlling vehicle emissions is supplementary to the department's authority to control air pollution pursuant to chapter 70A.15 RCW.
[ 2020 c 20 s 1364 ; 1979 ex.s. c 163 s 14 . Formerly RCW 70.120.130 .]
Severability — 1979 ex.s. c 163: See ... |
70A.25.080 | Vehicle emission and equipment standards—Designation of noncompliance areas and emission contributing areas. | The director: (1) Shall adopt motor vehicle emission and equipment standards to: Ensure that no less than seventy percent of the vehicles tested comply with the standards on the first inspection conducted, meet federal clean air act requirements, and protect human health and the environment. (2) Shall adopt rules imple... |
70A.25.090 | Noncompliance areas—Annual review. | (1) The director shall review annually the air quality and forecasted air quality of each area in the state designated as a noncompliance area for motor vehicle emissions. (2) An area shall no longer be designated as a noncompliance area if the director determines that: (a) Air quality standards for contaminants derive... |
70A.25.110 | Used vehicles. | (1) Motor vehicle dealers selling a used vehicle not under a new vehicle warranty shall include a notice in each vehicle purchase order form that reads as follows: "The owner of a vehicle may be required to spend up to (a dollar amount established under RCW 70A.25.030 ) for repairs if the vehicle does not meet the vehi... |
70A.25.120 | Clean-fuel performance and clean-fuel vehicle emissions specifications. | By July 1, 1992, the department shall develop, in cooperation with the departments of *general administration and transportation, and Washington State University, aggressive clean-fuel performance and clean-fuel vehicle emissions specifications including clean-fuel vehicle conversion equipment. To the extent possible, ... |
70A.25.130 | Scientific advisory board—Composition of board—Duties. | The department shall establish a scientific advisory board to review plans to establish or expand the geographic area where an inspection and maintenance system for motor vehicle emissions is required. The board shall consist of three to five members. All members shall have at least a master's degree in physics, chemis... |
70A.25.900 | Effective date—1989 c 240. | This act shall take effect January 1, 1990.
[ 1989 c 240 s 14 . Formerly RCW 70.120.902 .] |
70A.30.010 | Department of ecology to adopt rules to implement California motor vehicle emission standards. | (1) Pursuant to the federal clean air act, the legislature adopts the California motor vehicle emission standards in Title 13 of the California Code of Regulations. The department of ecology shall adopt rules to implement the motor vehicle emission standards of the state of California, including the zero emission vehic... |
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