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70A.245.040 | Penalties for postconsumer recycled content requirements—Penalty. | (1)(a) A producer that does not meet the minimum postconsumer recycled content requirements pursuant to RCW 70A.245.020 is subject to a penalty pursuant to this section. Beginning June 1st of the year following the first year that minimum postconsumer recycled product content requirements apply to a category of covered... |
70A.245.050 | Penalties for registration, labeling, and reporting. | (1) For producers out of compliance with the registration, reporting, or labeling requirements of RCW 70A.245.020 , 70A.245.030 , or 70A.245.060 , the department shall provide written notification and offer information to producers. For the purposes of this section, written notification serves as notice of the violatio... |
70A.245.060 | Trash bag labeling requirements. | (1) Beginning January 1, 2023, producers shall label each package containing plastic trash bags sold, offered for sale, or distributed in or into Washington with: (a) The name of the producer and the city, state, and country where the producer is located, which may be designated as the location of the producer's corpor... |
70A.245.070 | Expanded polystyrene prohibitions—Penalty. | (1)(a) Beginning June 1, 2024, the sale and distribution of the following expanded polystyrene products in or into Washington state is prohibited: (i) A portable container that is designed or intended to be used for cold storage, except for expanded polystyrene containers used for drugs, medical devices, and biological... |
70A.245.080 | Optional serviceware—Penalty. | (1) Beginning January 1, 2022: (a) Except as provided in (b) of this subsection, a food service business may provide the following single use food service products only after affirming that the customer wants the item or items: (i) Utensils; (ii) Straws; (iii) Condiment packaging; and (iv) Beverage cup lids. (b) A food... |
70A.245.090 | Department duties—Rule making. | (1) The department may conduct audits and investigations for the purpose of ensuring compliance with RCW 70A.245.020 and 70A.245.040 based on the information reported under RCW 70A.245.030 . (2) The department shall annually publish a list of registered producers of covered products and associated brand names, their co... |
70A.245.100 | Recycling enhancement account. | The recycling enhancement account is created in the custody of the state treasurer. All penalties collected by the department pursuant to RCW 70A.245.040 , 70A.245.050 , and 70A.208.230 must be deposited in the account. Only the director of the department or the director's designee may authorize expenditures from the a... |
70A.245.110 | Recycled content account. | The recycled content account is created in the custody of the state treasurer. All receipts received by the department under RCW 70A.245.020 must be deposited in the account. Only the director of the department or the director's designee may authorize expenditures from the account. The account is subject to the allotme... |
70A.245.120 | Market study.(Expires July 1, 2029.) | (1) Subject to the availability of amounts appropriated for this specific purpose prior to January 1, 2028, the department shall contract with a research university or an independent third-party consultant to study the plastic resin markets for all of the following: (a) Analyzing market conditions and opportunities in ... |
70A.245.130 | Overwater structures containing certain plastic foam—Prohibition on sale, distribution, installation—Rule-making authority—Penalty. | (1) Beginning January 1, 2024, it is prohibited to sell, distribute, install, or arrange for the installation of in or into Washington state: (a) Overwater structures containing expanded or extruded plastic foam that is not fully enclosed and contained in a shell made of plastic with a minimum thickness of 0.15 inches,... |
70A.245.140 | Single-use plastic packaging—Prohibition on use by a lodging establishment—Penalty—Rule-making authority—Preemption—Definitions. | (1)(a) A lodging establishment may not provide a personal health or beauty product in a small plastic personal health or beauty product container, a plastic wrapper, or any other single-use plastic packaging to a person staying in a lodging unit or within bathrooms shared by the public or guests. A lodging establishmen... |
70A.300.005 | Legislative declaration. | The legislature hereby finds and declares: (1) The health and welfare of the people of the state depend on clean and pure environmental resources unaffected by hazardous waste contamination. At the same time, the quality of life of the people of the state is in part based upon a large variety of goods produced by the e... |
70A.300.007 | Purpose. | The purpose of this chapter is to establish a comprehensive statewide framework for the planning, regulation, control, and management of hazardous waste which will prevent land, air, and water pollution and conserve the natural, economic, and energy resources of the state. To this end it is the purpose of this chapter:... |
70A.300.010 | Definitions. | The words and phrases defined in this section shall have the meanings indicated when used in this chapter unless the context clearly requires otherwise. (1) "Dangerous wastes" means any discarded, useless, unwanted, or abandoned substances, including but not limited to certain pesticides, or any residues or containers ... |
70A.300.020 | Standards and regulations—Adoption—Notice and hearing—Consultation with other agencies. | The department after notice and public hearing shall: (1) Adopt regulations designating as extremely hazardous wastes subject to the provisions of this chapter those substances which exhibit characteristics consistent with the definition provided in RCW 70A.300.010 (7); (2) Adopt and may revise when appropriate, minimu... |
70A.300.030 | 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 23 . For... |
70A.300.040 | List and information to be furnished by depositor of hazardous waste—Rules and regulations. | (1) After the effective date of the regulations adopted by the department designating extremely hazardous wastes, any person planning to dispose of extremely hazardous waste as designated by the department shall provide the operator of the disposal site with a list setting forth the extremely hazardous wastes for dispo... |
70A.300.050 | Solid wastes—Conditionally exempt from chapter. | Solid wastes that designate as dangerous waste or extremely hazardous waste but do not designate as hazardous waste under federal law are conditionally exempt from the requirements of this chapter, if: (1) The waste is generated pursuant to a consent decree issued under chapter 70A.305 RCW; (2) The consent decree chara... |
70A.300.060 | Disposal site or facility—Acquisition—Disposal fee schedule. | (1) The department through the *department of general administration, is authorized to acquire interests in real property from the federal government on the Hanford Reservation by gift, purchase, lease, or other means, to be used for the purpose of developing, operating, and maintaining an extremely hazardous waste dis... |
70A.300.070 | Disposal at other than approved site prohibited—Disposal of radioactive wastes. | (1) No person shall dispose of designated extremely hazardous wastes at any disposal site in the state other than the disposal site established and approved for such purpose under provisions of this chapter, except: (a) When such wastes are going to a processing facility which will result in the waste being reclaimed, ... |
70A.300.080 | Criteria for receiving waste at disposal site. | The department may elect to receive dangerous waste at the site provided under this chapter, provided (1) it is upon request of the owner, producer, or person having custody of the waste, and (2) upon the payment of a fee to cover disposal (3) it can be reasonably demonstrated that there is no other disposal sites in t... |
70A.300.090 | Violations—Civil penalties. | (1) Except as provided in RCW 43.05.060 through 43.05.080 and 43.05.150 , every person who fails to comply with any provision of this chapter or of the rules adopted thereunder shall be subjected to a penalty in an amount of not more than ten thousand dollars per day for every such violation. Each and every such violat... |
70A.300.100 | Violations—Criminal penalties. | (1) Any person who knowingly transports, treats, stores, handles, disposes of, or exports a hazardous substance in violation of this chapter is guilty of: (a) A class B felony punishable according to chapter 9A.20 RCW if the person knows at the time that the conduct constituting the violation places another person in i... |
70A.300.110 | Violations—Gross misdemeanor. | In addition to the penalties imposed pursuant to RCW 70A.300.090 , any person who violates any provisions of this chapter, or of the rules implementing this chapter, and any person who knowingly aids or abets another in conducting any violation of any provisions of this chapter, or of the rules implementing this chapte... |
70A.300.120 | Violations—Orders—Penalty for noncompliance—Appeal. | (1) Whenever on the basis on any information the department determines that a person has violated or is about to violate any provision of this chapter, the department may issue an order requiring compliance either immediately or within a specified period of time. The order shall be delivered by registered mail or perso... |
70A.300.130 | Action for damages resulting from violation—Attorneys' fees. | A person injured as a result of a violation of this chapter or the rules adopted thereunder may bring an action in superior court for the recovery of the damages. A conviction or imposition of a penalty under this chapter is not a prerequisite to an action under this section. The court may award reasonable attorneys' f... |
70A.300.140 | Powers and duties of department. | The department in performing its duties under this chapter may: (1) Conduct studies and coordinate research programs pertaining to extremely hazardous waste management; (2) Render technical assistance to generators of dangerous and extremely hazardous wastes and to state and local agencies in the planning and operation... |
70A.300.150 | Duty of department to regulate PCB waste. | The department of ecology shall regulate under this chapter, wastes generated from the salvaging, rebuilding, or discarding of transformers or capacitors that have been sold or otherwise transferred for salvage or disposal after the completion or termination of their useful lives and which contain polychlorinated biphe... |
70A.300.160 | Regulation of wastes with radioactive and hazardous components. | The department of ecology may regulate all hazardous wastes, including those composed of both radioactive and hazardous components, to the extent it is not preempted by federal law.
[ 1987 c 488 s 2 . Formerly RCW 70.105.109 .] |
70A.300.170 | Regulation of dangerous wastes associated with energy facilities. | (1) Nothing in this chapter shall alter, amend, or supersede the provisions of chapter 80.50 RCW, except that, notwithstanding any provision of chapter 80.50 RCW, regulation of dangerous wastes associated with energy facilities from generation to disposal shall be solely by the department pursuant to this chapter. In t... |
70A.300.180 | Radioactive wastes—Authority of department of social and health services. | Nothing in this chapter diminishes the authority of the department of social and health services to regulate the radioactive portion of mixed wastes pursuant to chapter 70A.388 RCW.
[ 2020 c 20 s 1285 ; 1987 c 488 s 5 . Formerly RCW 70.105.111 .] |
70A.300.190 | Application of chapter to special incinerator ash. | This chapter does not apply to special incinerator ash regulated under chapter 70A.315 RCW except that, for purposes of RCW 4.22.070 (3)(a), special incinerator ash shall be considered hazardous waste.
[ 2020 c 20 s 1286 ; 1987 c 528 s 9 . Formerly RCW 70.105.112 .] |
70A.300.200 | 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.300.210 | Authority of attorney general. | At the request of the department, the attorney general is authorized to bring such injunctive, declaratory, or other actions to enforce any requirement of this chapter.
[ 1980 c 144 s 2 . Formerly RCW 70.105.120 .] |
70A.300.220 | Department's powers as designated agency under federal act. | (1) The department is designated as the state agency for implementing the federal resource conservation and recovery act (42 U.S.C. Sec. 6901 et seq.). (2) The power granted to the department by this section is the authority to: (a) Establish a permit system for owners or operators of facilities which treat, store, or ... |
70A.300.230 | Copies of notification forms or annual reports to officials responsible for fire protection. | Any person who generates, treats, stores, disposes, or otherwise handles dangerous or extremely hazardous wastes shall provide copies of any notification forms, or annual reports that are required pursuant to RCW 70A.300.220 to the fire departments or fire districts that service the areas in which the wastes are handle... |
70A.300.240 | Rules implemented under RCW70A.300.220—Review. | Rules implementing RCW 70A.300.220 shall be submitted to the house and senate committees on ecology for review prior to being adopted in accordance with chapter 34.05 RCW.
[ 2020 c 20 s 1289 ; 1980 c 144 s 3 . Formerly RCW 70.105.140 .] |
70A.300.250 | Department's authority to participate in and administer federal act. | Notwithstanding any other provision of this chapter, the department of ecology is empowered to participate fully in and is empowered to administer all aspects of the programs of the federal Resource Conservation and Recovery Act, as it exists on June 7, 1984, (42 U.S.C. Sec. 6901 et seq.), contemplated for participatio... |
70A.300.260 | Declaration—Management of hazardous waste—Priorities—Definitions. | The legislature hereby declares that: (1) The health and welfare of the people of the state depend on clean and pure environmental resources unaffected by hazardous waste contamination. Management and regulation of hazardous waste disposal should encourage practices which result in the least amount of waste being produ... |
70A.300.270 | Waste management study—Public hearings—Adoption or modification of rules. | The department shall conduct a study to determine the best management practices for categories of waste for the priority waste management methods established in RCW 70A.300.260 , with due consideration in the course of the study to sound environmental management and available technology. As an element of the study, the... |
70A.300.280 | Disposal of dangerous wastes at commercial off-site land disposal facilities—Limitations. | (1) Independent of the processing or issuance of any or all federal, state, and local permits for disposal of dangerous wastes, no disposal of dangerous wastes at a commercial off-site land disposal facility may be undertaken prior to July 1, 1986, unless: (a) The disposal results from actions taken under *RCW 70.105A.... |
70A.300.290 | Waste management—Consultative services—Technical assistance—Confidentiality. | Consistent with the purposes of RCW 70A.300.260 and 70A.300.270 , the department is authorized to promote the priority waste management methods listed in RCW 70A.300.260 by establishing or assisting in the establishment of: (1) Consultative services which, in conjunction with any business or industry requesting such se... |
70A.300.300 | Disposition of fines and penalties—Earnings. | All fines and penalties collected under this chapter shall be deposited in the model toxics control operating account created in RCW 70A.305.180 .
[ 2020 c 20 s 1294 ; 1985 c 57 s 70 ; 1983 1st ex.s. c 70 s 4 . Formerly RCW 70.105.180 .]
Effective date — 1985 c 57: See note following RCW 18.04.105 . |
70A.300.310 | Hazardous waste management plan. | (1) The department shall develop, and shall update at least once every five years, a state hazardous waste management plan. The plan shall include, but shall not be limited to, the following elements: (a) A state inventory and assessment of the capacity of existing facilities to treat, store, dispose, or otherwise mana... |
70A.300.320 | Hazardous waste management facilities—Department to develop criteria for siting. | By May 31, 1990, the department shall develop and adopt criteria for the siting of hazardous waste management facilities. These criteria will be part of the state hazardous waste management plan as described in RCW 70A.300.310 . To the extent practical, these criteria shall be designed to minimize the short-term and lo... |
70A.300.330 | Department to adopt rules for permits for hazardous substances treatment facilities. | The legislature recognizes the need for new, modified, or expanded facilities to treat, incinerate, or otherwise process or dispose of hazardous substances safely. In order to encourage the development of such facilities, the department shall adopt rules as necessary regarding the permitting of such facilities to ensur... |
70A.300.340 | Local government regulatory authority to prohibit or condition. | Nothing in this chapter shall alter or affect the regulatory authority of a county, city, or jurisdictional health district to condition or prohibit the acceptance of hazardous waste in a county or city landfill.
[ 1994 c 254 s 7 . Formerly RCW 70.105.217 .] |
70A.300.350 | Local governments to prepare local hazardous waste plans—Basis—Elements required. | (1) Each local government, or combination of contiguous local governments, is directed to prepare a local hazardous waste plan which shall be based on state guidelines and include the following elements: (a) A plan or program to manage moderate-risk wastes that are generated or otherwise present within the jurisdiction... |
70A.300.360 | Local governments to prepare local hazardous waste plans—Used oil recycling element. | Local governments and combinations of local governments shall amend their local hazardous waste plans required under RCW 70A.300.350 to comply with RCW 70A.224.020 .
[ 2020 c 20 s 1298 ; 1991 c 319 s 312 . Formerly RCW 70.105.221 .] |
70A.300.370 | Local governments to designate zones—Departmental guidelines—Approval of local government zone designations or amendments—Exemption. | (1) Each local government, or combination of contiguous local governments, is directed to: (a) Demonstrate to the satisfaction of the department that existing zoning allows designated zone facilities as permitted uses; or (b) designate land use zones within its jurisdiction in which designated zone facilities are permi... |
70A.300.380 | Local governments to submit letter of intent to identify or designate zones and submit management plans—Department to prepare plan in event of failure to act. | (1) Each local government is directed to submit to the director of the department by October 31, 1987, a letter of intent stating that it intends to (a) identify, or designate if necessary, eligible zones for designated zone facilities no later than June 30, 1988, and (b) submit a complete local hazardous waste managem... |
70A.300.390 | Grants to local governments for plan preparation, implementation, and designation of zones—Matching funds—Qualifications. | (1) Subject to legislative appropriations, the department may make and administer grants to local governments for (a) preparing and updating local hazardous waste plans, (b) implementing approved local hazardous waste plans, and (c) designating eligible zones for designated zone facilities as required under this chapte... |
70A.300.400 | State preemption—Department sole authority—Local requirements superseded—State authority over designated zone facilities. | (1) As of July 28, 1985, the state preempts the field of state, regional, or local permitting and regulating of all preempted facilities as defined in this chapter. The department of ecology is designated the sole decision-making authority with respect to permitting and regulating such facilities and no other state age... |
70A.300.410 | Department may require notice of intent for management facility permit. | The department may adopt rules to require any person who intends to file an application for a permit for a hazardous waste management facility to file a notice of intent with the department prior to submitting the application.
[ 1985 c 448 s 11 . Formerly RCW 70.105.245 .]
Severability — 1985 c 448: See note following ... |
70A.300.420 | Appeals to pollution control hearings board. | Any disputes between the department and the governing bodies of local governments in regard to the local planning requirements under RCW 70A.300.350 and the designation of zones under RCW 70A.300.370 may be appealed by the department or the governing body of the local government to the pollution control hearings board ... |
70A.300.430 | Department to provide technical assistance with local plans. | The department shall provide technical assistance to local governments in the preparation, review, revision, and implementation of local hazardous waste plans.
[ 1985 c 448 s 13 . Formerly RCW 70.105.255 .]
Severability — 1985 c 448: See note following RCW 70A.300.005 . |
70A.300.440 | Department to assist conflict resolution activities related to siting facilities—Agreements may constitute conditions for permit. | (1) In order to promote identification, discussion, negotiation, and resolution of issues related to siting of hazardous waste management facilities, the department: (a) Shall compile and maintain information on the use and availability of conflict resolution techniques and make this information available to industries... |
70A.300.450 | Requirements of RCW70A.300.310through70A.300.380and70A.300.400(4) not mandatory without legislative appropriation. | The requirements of RCW 70A.300.310 through 70A.300.380 and 70A.300.400 (4) shall not become mandatory until funding is appropriated by the legislature.
[ 2020 c 20 s 1303 ; 1985 c 448 s 15 . Formerly RCW 70.105.270 .]
Severability — 1985 c 448: See note following RCW 70A.300.005 . |
70A.300.460 | Service charges. | (1) The department may assess reasonable service charges against those facilities that store, treat, incinerate, or dispose of dangerous or extremely hazardous waste that contains both a nonradioactive hazardous component and a radioactive component or which are undergoing closure under this chapter in those instances ... |
70A.300.470 | 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.300.480 | Radioactive mixed waste account. | The radioactive mixed waste account is created within the state treasury. All receipts received from facilities assessed service charges established under RCW 70A.300.460 must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may only be used for c... |
70A.300.490 | 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 3 .] |
70A.300.900 | Short title—1985 c 448. | This chapter shall be known and may be cited as the hazardous waste management act.
[ 1985 c 448 s 16 . Formerly RCW 70.105.900 .]
Severability — 1985 c 448: See note following RCW 70A.300.005 . |
70A.305.010 | Declaration of policy. | (1) Each person has a fundamental and inalienable right to a healthful environment, and each person has a responsibility to preserve and enhance that right. The beneficial stewardship of the land, air, and waters of the state is a solemn obligation of the present generation for the benefit of future generations. (2) A ... |
70A.305.020 | Definitions. | The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Agreed order" means an order issued by the department under this chapter with which the potentially liable person or prospective purchaser receiving the order agrees to comply. An agreed order may be used t... |
70A.305.030 | Department's powers and duties. | (1) The department may exercise the following powers in addition to any other powers granted by law: (a) Investigate, provide for investigating, or require potentially liable persons to investigate any releases or threatened releases of hazardous substances, including but not limited to inspecting, sampling, or testing... |
70A.305.040 | Standard of liability—Settlement. | (1) Except as provided in subsection (3) of this section, the following persons are liable with respect to a facility: (a) The owner or operator of the facility; (b) Any person who owned or operated the facility at the time of disposal or release of the hazardous substances; (c) Any person who owned or possessed a haza... |
70A.305.050 | Enforcement. | (1) With respect to any release, or threatened release, for which the department does not conduct or contract for conducting remedial action and for which the department believes remedial action is in the public interest, the director must issue orders or agreed orders requiring potentially liable persons to provide th... |
70A.305.060 | Lien authority. | (1) It is in the public interest for the department to recover remedial action costs incurred in discharging its responsibility under this chapter, as these recovered funds can then be applied to the cleanup of other facilities. Thus, in addition to other cost-recovery mechanisms provided under this chapter, this secti... |
70A.305.070 | Timing of review. | The department's investigative and remedial decisions under RCW 70A.305.030 and 70A.305.050 , its decisions regarding filing a lien under RCW 70A.305.060 , and its decisions regarding liable persons under RCW 70A.305.020 , 70A.305.040 , 70A.305.050 , and 70A.305.060 shall be reviewable exclusively in superior court and... |
70A.305.080 | Private right of action—Remedial action costs. | Except as provided in RCW 70A.305.040 (4) (d) and (f), a person may bring a private right of action, including a claim for contribution or for declaratory relief, against any other person liable under RCW 70A.305.040 for the recovery of remedial action costs. In the action, natural resource damages paid to the state un... |
70A.305.090 | Remedial actions—Exemption from procedural requirements. | (1) A person conducting a remedial action at a facility under a consent decree, order, or agreed order, and the department when it conducts a remedial action, are exempt from the procedural requirements of chapters 70A.15 , 70A.205, 70A.300, 77.55, 90.48, and 90.58 RCW, and the procedural requirements of any laws requi... |
70A.305.100 | Grants to local governments—Statement of environmental benefits—Development of outcome-focused performance measures. | In providing grants to local governments, the department shall require grant recipients to incorporate the environmental benefits of the project into their grant applications, and the department shall utilize the statement of environmental benefit[s] in its prioritization and selection process. The department shall als... |
70A.305.110 | Releases of hazardous substances—Notice—Exemptions. | (1) Except as provided in subsection (5) of this section, any owner or operator of a facility that is actively transitioning from operating under a federal permit for treatment, storage, or disposal of hazardous waste issued under 42 U.S.C. Sec. 6925 to operating under the provisions of this chapter, who has informatio... |
70A.305.120 | Puget Sound partners. | When administering funds under this chapter, the department shall give preference only to Puget Sound partners, as defined in RCW 90.71.010 , in comparison to other entities that are eligible to be included in the definition of Puget Sound partner. Entities that are not eligible to be a Puget Sound partner due to geogr... |
70A.305.130 | Cleanup settlement account—Reporting requirements. | (1) The cleanup settlement account is created in the state treasury. The account is not intended to replace the model toxics control capital account established under RCW 70A.305.190 . All receipts from the sources identified in subsection (2) of this section must be deposited into the account. Moneys in the account ma... |
70A.305.150 | Designation of a redevelopment opportunity zone—Criteria. | (1) A city or county may designate a geographic area within its jurisdiction as a redevelopment opportunity zone if the zone meets the criteria in this subsection and the city or county adopts a resolution that includes the following determinations and commitments: (a) At least fifty percent of the upland properties in... |
70A.305.160 | Brownfield renewal authority. | (1) A city, county, or port district may establish by resolution a brownfield renewal authority for the purpose of guiding and implementing the cleanup and reuse of properties within a designated redevelopment opportunity zone. Any combination of cities, counties, and port districts may establish a brownfield renewal a... |
70A.305.170 | Establishment of program to provide informal advice and assistance—Collection of costs—Expedited process—Rules—Voluntary cleanup account. | (1) The department may establish a program to provide informal advice and assistance on the administrative and technical requirements of this chapter to persons who are conducting or otherwise interested in conducting independent remedial actions at facilities where there is a suspected or confirmed release of hazardou... |
70A.305.180 | Model toxics control operating account. | (1) The model toxics control operating account is hereby created in the state treasury. (2) Moneys in the model toxics control operating account must be used only to carry out the purposes of this chapter, including but not limited to the following: (a) The state's responsibility for hazardous waste planning, managemen... |
70A.305.190 | Model toxics control capital account. | (1) The model toxics control capital account is hereby created in the state treasury. (2) In addition to the funds deposited into the model toxics control capital account required under RCW 82.21.030 , the following moneys must be deposited into the model toxics control capital account: (a) The costs of remedial action... |
70A.305.200 | Model toxics control stormwater account. | (1) The model toxics control stormwater account is hereby created in the state treasury. (2) Moneys in the model toxics control stormwater account must be used for operating and capital programs, activities, and projects identified in subsection (3) of this section directly relating to stormwater pollution control. (3)... |
70A.305.900 | Short title—1989 c 2. | This act shall be known as "the model toxics control act."
[ 1989 c 2 s 22 (Initiative Measure No. 97, approved November 8, 1988). Formerly RCW 70.105D.900 .] |
70A.305.901 | Captions—1989 c 2. | As used in this act, captions constitute no part of the law.
[ 1989 c 2 s 21 (Initiative Measure No. 97, approved November 8, 1988). Formerly RCW 70.105D.905 .] |
70A.305.902 | Construction—1989 c 2. | The provisions of this act are to be liberally construed to effectuate the policies and purposes of this act. In the event of conflict between the provisions of this act and any other act, the provisions of this act shall govern.
[ 1989 c 2 s 19 (Initiative Measure No. 97, approved November 8, 1988). Formerly RCW 70.10... |
70A.305.903 | Existing agreements—1989 c 2. | The consent orders and decrees in effect on March 1, 1989, shall remain valid and binding.
[ 1989 c 2 s 20 (Initiative Measure No. 97, approved November 8, 1988). Formerly RCW 70.105D.915 .] |
70A.305.904 | Effective date—1989 c 2. | (1) Sections 1 through 24 of this act shall take effect March 1, 1989, except that the director of ecology and the director of revenue may take whatever actions may be necessary to ensure that sections 1 through 24 of this act are implemented on their effective date. *(2) This section does not apply and shall have no f... |
70A.310.010 | Legislative findings. | The legislature finds that: (1) The milling of uranium and thorium creates potential hazards to the health of the citizens of the state of Washington in that potentially hazardous radioactive isotopes, decay products of uranium and thorium, naturally occurring in relatively dispersed geologic formations, are brought to... |
70A.310.020 | Definitions. | Unless the context clearly requires a different meaning, the definitions in this section apply throughout this chapter. (1) "Department" means the department of health. (2) "License" means a radioactive materials license issued under chapter 70A.388 RCW and the rules adopted under chapter 70A.388 RCW. (3) "Milling" mea... |
70A.310.030 | Licenses—Renewal—Hearings. | (1) Any person who proposes to operate a uranium or thorium mill within the state of Washington after January 1, 1980, shall obtain a license from the department to mill thorium and uranium. The period of the license shall be determined by the secretary and shall be initially valid for not more than two years and renew... |
70A.310.040 | Facility operations and decommissioning—Monitoring. | The secretary or his or her representative shall monitor the operations of the mill for compliance with the conditions of the license by the owner or operator. The mill owner or operator shall be responsible for compliance, both during the lifetime of the facility and at shutdown, including but not limited to such requ... |
70A.310.050 | Radiation perpetual maintenance fund—Licensee contributions—Disposition. | On a quarterly basis on and after January 1, 1980, there shall be levied and the department shall collect a charge of five cents per pound on each pound of uranium or thorium compound milled out of the raw ore. All moneys paid to the department from these charges shall be deposited in a special security fund in the tre... |
70A.310.060 | State authority to acquire property for surveillance sites. | In order to provide for the proper care and surveillance of sites under RCW 70A.310.050 , the state may acquire by gift or transfer from any government agency, corporation, partnership, or person, all lands, buildings, and grounds necessary to fulfill the purposes of this chapter. Any such gift or transfer shall be sub... |
70A.310.070 | Status of acquired state property for surveillance sites. | Recognizing the uncertainty of the existence of a person or corporation in perpetuity, and recognizing that ultimate responsibility to protect the public health and safety must be reposed in a solvent government, without regard to the existence of any particular agency or department thereof, all lands, buildings, and g... |
70A.310.080 | Payment for transferred sites for surveillance. | If a person licensed by any governmental agency other than the state or if any other governmental agency desires to transfer a site to the state for the purpose of administering or providing perpetual care, a lump sum payment shall be made to the radiation perpetual maintenance fund. The amount of the deposit shall be ... |
70A.310.090 | Authority for on-site inspections and monitoring. | Each licensee under this chapter, as a condition of his or her license, shall submit to whatever reasonable on-site inspections and on-site monitoring as required in order for the department to carry out its responsibilities and duties under this chapter. Such on-site inspections and monitoring shall be conducted witho... |
70A.310.100 | Licensees' bond requirements. | The secretary or the secretary's duly authorized representative shall require the posting of a bond by licensees to be used exclusively to provide funds in the event of abandonment, default, or other inability of the licensee to meet the requirements of the department. The secretary may establish bonding requirements b... |
70A.310.110 | Acceptable bonds. | A bond shall be accepted by the department if it is a bond issued by a fidelity or surety company admitted to do business in the state of Washington and the fidelity or surety company is found by the state finance commission to be financially secure at licensing and licensing renewals, if it is a personal bond secured ... |
70A.310.120 | Forfeited bonds—Use of fund. | All bonds forfeited shall be paid to the department for deposit in the radiation perpetual maintenance fund. All moneys in this fund may only be expended by the department as necessary for the protection of the public health and safety and shall not be used for normal operating expenses of the department.
[ 1979 ex.s. ... |
70A.310.130 | Exemptions from bonding requirements. | All state, local, or other governmental agencies, or subdivisions thereof, are exempt from the bonding requirements of this chapter.
[ 1987 c 184 s 7 ; 1979 ex.s. c 110 s 13 . Formerly RCW 70.121.130 .]
Effective date — 1979 ex.s. c 110: See note following RCW 70A.310.010 . |
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