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70A.310.140 | Amounts owed to state—Lien created. | If a licensee fails to pay the department within a reasonable time money owed to the state under this chapter, the obligation owed to the state shall constitute a lien on all property, both real and personal, owned by the obligor-licensee when the department records or files, pursuant to this section, a statement of cl... |
70A.310.150 | Amounts owed to the state—Collection by attorney general. | The attorney general shall use all available methods of obtaining funds owed to the state under this chapter. The attorney general shall foreclose on liens made pursuant to this section, obtain judgments against obligor-licensees and pursue assets of the obligor-licensees found outside the state, consider pursuing the ... |
70A.310.900 | Construction. | This chapter is cumulative and not exclusive, and no part of this chapter shall be construed to repeal any existing law specifically enacted for the protection of the public health and safety.
[ 1979 ex.s. c 110 s 14 . Formerly RCW 70.121.900 .]
Effective date — 1979 ex.s. c 110: See note following RCW 70A.310.010 . |
70A.310.901 | Short title. | This chapter may be known as the "Mill Tailings Licensing and Perpetual Care Act of 1979".
[ 1979 ex.s. c 110 s 15 . Formerly RCW 70.121.905 .]
Effective date — 1979 ex.s. c 110: See note following RCW 70A.310.010 . |
70A.315.010 | Legislative findings. | The legislature finds: (1) Solid wastes generated in the state are to be managed in the following order of descending priority: (a) Waste reduction; (b) recycling; (c) treatment; (d) energy recovery or incineration; (e) solidification/stabilization; and (f) landfill. (2) Special incinerator ash residues from the incine... |
70A.315.020 | 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 or the director's designee. (3) "Dispose" or "disposal" means the treatment, utilization, process... |
70A.315.030 | Review and approval of management plans—Disposal permits. | (1) Prior to managing special incinerator ash, persons who generate special incinerator ash shall develop plans for managing the special incinerator ash. These plans shall: (a) Identify procedures for all aspects relating to the management of the special incinerator ash that are necessary to protect employees, human he... |
70A.315.040 | Civil penalties. | (1) Except as provided in RCW 43.05.060 through 43.05.080 and 43.05.150 , any person who violates any provision of a department regulation or regulatory order relating to the management of special incinerator ash shall incur in addition to any other penalty provided by law, a penalty in an amount up to ten thousand dol... |
70A.315.050 | Violations—Orders. | Whenever a person violates any provision of this chapter or any permit or regulation the department may issue an order appropriate under the circumstances to assure compliance with the chapter, permit, or regulation. Such an order must be served personally or by registered mail upon any person to whom it is directed.
[... |
70A.315.060 | Enforcement—Injunctive relief. | The department, with the assistance of the attorney general, may bring any appropriate action at law or in equity, including action for injunctive relief as may be necessary to enforce the provisions of this chapter or any permit or regulation issued thereunder.
[ 1987 c 528 s 6 . Formerly RCW 70.138.060 .] |
70A.315.070 | Criminal penalties. | Any person found guilty of wilfully violating, without sufficient cause, any of the provisions of this chapter, or permit or order issued pursuant to this chapter is guilty of a gross misdemeanor and upon conviction shall be punished by a fine of up to ten thousand dollars and costs of prosecution, or by imprisonment f... |
70A.315.900 | Application of chapter to certain incinerators. | This chapter shall not apply to municipal solid waste incinerators that are in operation on May 19, 1987, until a special incinerator waste disposal permit is issued in the county where the municipal solid waste incinerator is located, or July 1, 1989, whichever is sooner.
[ 1987 c 528 s 12 . Formerly RCW 70.138.900 .] |
70A.315.901 | Short title. | This chapter shall be known as the special incinerator ash disposal act.
[ 1987 c 528 s 11 . Formerly RCW 70.138.901 .] |
70A.320.010 | Findings. | The legislature finds that state and local agencies are currently implementing actions to reduce children's exposure to soils that contain hazardous substances. The legislature further finds that it is in the public interest to enhance those efforts in western Washington in areas located within the central Puget Sound ... |
70A.320.020 | Definitions. | The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Area-wide soil contamination" means low to moderate arsenic and lead soil contamination dispersed over a large geographic area. (2) "Child care facility" means a child day-care center or a family day-care p... |
70A.320.030 | Children in schools and child care facilities—Department duties—School and child care facility duties. | (1) The department, in cooperation with the department of social and health services, the department of health, the office of the superintendent of public instruction, and local health districts, shall assist schools and child care facilities west of the crest of the Cascade mountains to reduce the potential for childr... |
70A.320.040 | Department assistance—Best management practice guidelines—Grants—Interagency agreements authorized—Reports. | (1) The department shall assist schools and owners and operators of child care facilities located within the central Puget Sound smelter plume. Such assistance may include the following: (a) Technical assistance in conducting qualitative evaluations to determine where area-wide soil contamination exposures could occur;... |
70A.320.050 | Department of health to provide assistance. | The department of health shall assist the department in implementing this chapter, including but not limited to developing best management practices and guidelines.
[ 2005 c 306 s 5 . Formerly RCW 70.140.050 .] |
70A.320.060 | Department of social and health services to provide assistance. | The department of social and health services shall assist the department by providing information on the location of child care facilities and contacts for these facilities.
[ 2005 c 306 s 6 . Formerly RCW 70.140.060 .] |
70A.320.070 | Livestock, agricultural land exempt from chapter. | This chapter does not apply to land devoted primarily to the commercial production of livestock or agricultural commodities.
[ 2005 c 306 s 7 . Formerly RCW 70.140.070 .] |
70A.320.080 | Existing authority of department not affected. | Nothing in this chapter is intended to change ongoing actions or the authority of the department or other agencies to require actions to address soil contamination under existing laws.
[ 2005 c 306 s 8 . Formerly RCW 70.140.080 .] |
70A.325.005 | Finding—Intent.(Expires July 1, 2030.) | (1) The legislature finds that: (a) Final regulations adopted by the United States environmental protection agency (EPA) require owners and operators of underground petroleum storage tanks to demonstrate financial responsibility for accidental releases of petroleum as a precondition to continued ownership and operation... |
70A.325.010 | Definitions.(Expires July 1, 2030.) | Unless the context requires otherwise, the definitions in this section apply throughout this chapter. (1) "Accidental release" means any sudden or nonsudden release of petroleum arising from operating an underground storage tank that results in a need for corrective action, bodily injury, or property damage neither exp... |
70A.325.020 | Pollution liability insurance program trust account.(Expires July 1, 2030.) | (1) The pollution liability insurance program trust account is established in the custody of the state treasurer. (a) The following moneys must be deposited in the account: (i) All moneys specified in RCW 82.23A.020 for deposit into the account; (ii) All moneys appropriated to carry out the purposes of this chapter and... |
70A.325.030 | Reinsurance for heating oil pollution liability protection program.(Expires July 1, 2030.) | The director shall provide reinsurance through the pollution liability insurance program trust account to the heating oil pollution liability protection program under chapter 70A.330 RCW.
[ 2020 c 20 s 1384 ; 1995 c 20 s 12 . Formerly RCW 70.148.025 .] |
70A.325.040 | Pollution liability insurance program—Generally—Ad hoc committees.(Expires July 1, 2030.) | (1) The Washington pollution liability insurance program is created as an independent agency of the state. The administrative head and appointing authority of the program shall be the director who shall be appointed by the governor, with the consent of the senate, and shall serve at the pleasure of the governor. The sa... |
70A.325.050 | Program design—Cost coverage.(Expires July 1, 2030.) | The director may design the program to cover the costs incurred in determining whether a proposed applicant for pollution insurance under the program meets the underwriting standards of the insurer. In covering such costs the director shall consider the financial resources of the applicant, shall take into consideratio... |
70A.325.060 | Rules.(Expires July 1, 2030.) | The director may adopt rules consistent with this chapter to carry out the purposes of this chapter. All rules shall be adopted in accordance with chapter 34.05 RCW.
[ 1990 c 64 s 5 ; 1989 c 383 s 5 . Formerly RCW 70.148.040 .] |
70A.325.070 | Powers and duties of director.(Expires July 1, 2030.) | The director has the following powers and duties: (1) To design and from time to time revise a reinsurance contract providing coverage to an insurer meeting the requirements of this chapter. Before initially entering into a reinsurance contract, the director shall prepare an actuarial report describing the various rein... |
70A.325.080 | Disclosure of reports or information—Penalty.(Expires July 1, 2030.) | (1) All information except for proprietary reports or information obtained by the director and the director's staff in soliciting bids from insurers and in monitoring the insurer selected by the director shall be made public or otherwise disclosed to any person, firm, corporation, agency, association, governmental body... |
70A.325.090 | Insurer selection process and criteria.(Expires July 1, 2030.) | (1) In selecting an insurer to provide pollution liability insurance coverage to owners and operators of underground storage tanks, the director shall evaluate bids based upon criteria established by the director that shall include: (a) The insurer's ability to underwrite pollution liability insurance; (b) The insurer'... |
70A.325.100 | Cancellation or refusal by insurer—Appeal.(Expires July 1, 2030.) | If the insurer cancels or refuses to issue or renew a policy, the affected owner or operator may appeal the insurer's decision to the director. The director shall conduct a brief adjudicative proceeding under chapter 34.05 RCW.
[ 1990 c 64 s 9 ; 1989 c 383 s 9 . Formerly RCW 70.148.080 .] |
70A.325.110 | Exemptions from Title48RCW—Exceptions.(Expires July 1, 2030.) | (1) The activities and operations of the program are exempt from the provisions and requirements of Title 48 RCW. (2) To the extent of their participation in the program, the activities and operations of the insurer selected by the director to provide liability insurance coverage to owners and operators of underground ... |
70A.325.120 | Reservation of legislative power.(Expires July 1, 2030.) | The legislature reserves the right to amend or repeal all or any part of this chapter at any time, and there is no vested right of any kind against such amendment or repeal. All the rights, privileges, or immunities conferred by this chapter or any acts done under it exist subject to the power of the legislature to ame... |
70A.325.130 | Director may implement an emergency program—Report to the legislature.(Expires July 1, 2030.) | (1) The director may implement an emergency program, as designed under RCW 70A.325.070 . (2) At the legislative session following implementation of an emergency program, the director must provide to the legislature a report on the options available to assist owners and operators in using one or a combination of mechani... |
70A.325.900 | Expiration of chapter. | This chapter expires July 1, 2030.
[ 2016 c 161 s 16 ; 2012 1st sp.s. c 3 s 2 ; 2006 c 276 s 3 ; 2000 c 16 s 1 ; 1995 c 12 s 2 ; 1989 c 383 s 13 . Formerly RCW 70.148.900 .]
Effective date — 1995 c 12: See note following RCW 70A.325.070 . |
70A.330.010 | Intent—Findings.(Expires July 1, 2030.) | The legislature finds that it is in the best interests of all citizens for petroleum storage tank systems to be operated safely and for tank leaks or spills to be dealt with expeditiously. The legislature finds that it is appropriate for an agency with expertise in petroleum to provide technical advice and assistance t... |
70A.330.020 | Short title.(Expires July 1, 2030.) | This chapter may be known and cited as the Washington state pollution liability protection act.
[ 2017 c 23 s 2 ; 1995 c 20 s 2 . Formerly RCW 70.149.020 .] |
70A.330.030 | Definitions.(Expires July 1, 2030.) | The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Accidental release" means a sudden or nonsudden release of heating oil, occurring after July 23, 1995, from operating a heating oil tank that results in bodily injury, property damage, or a need for correct... |
70A.330.040 | Duties of director.(Expires July 1, 2030.) | The director shall: (1) Design and implement a process to close out existing claims under the heating oil pollution liability insurance program. During this process, the director has authority to maintain the program providing pollution liability insurance for heating oil tanks that provides up to sixty thousand dollar... |
70A.330.050 | Exemptions from Title48RCW—Exceptions.(Expires July 1, 2030.) | (1) The activities and operations of the program are exempt from the provisions and requirements of Title 48 RCW and to the extent of their participation in the program, the activities and operations of the insurer selected by the director to provide liability insurance coverage to owners and operators of heating oil t... |
70A.330.060 | Heating oil pollution liability trust account.(Expires July 1, 2030.) | (1) The heating oil pollution liability trust account is created in the custody of the state treasurer. All receipts from the pollution liability insurance fee collected under RCW 70A.330.070 and reinsurance premiums shall be deposited into the account. Expenditures from the account may be used only for the purposes se... |
70A.330.070 | Pollution liability insurance fee.(Expires July 1, 2030.) | (1) A pollution liability insurance fee of one and two-tenths cents per gallon of heating oil purchased within the state shall be imposed on every special fuel dealer, as the term is defined in chapter 82.38 RCW, making sales of heating oil to a user or consumer. (2) The pollution liability insurance fee shall be remit... |
70A.330.080 | Confidentiality.(Expires July 1, 2030.) | The following shall be confidential and exempt under chapter 42.56 RCW, subject to the conditions set forth in this section: (1) All examination and proprietary reports and information obtained by the director and the director's staff in soliciting bids from insurers and in monitoring the insurer selected by the direct... |
70A.330.090 | Application of RCW19.86.020through19.86.060.(Expires July 1, 2030.) | Nothing contained in this chapter shall authorize any commercial conduct which is prohibited by RCW 19.86.020 through 19.86.060 , and no section of this chapter shall be deemed to be an implied repeal of any of those sections of the Revised Code of Washington.
[ 1995 c 20 s 10 . Formerly RCW 70.149.100 .] |
70A.330.100 | Heating oil tanks—Design criteria—Reimbursement.(Expires July 1, 2030.) | (1) The pollution liability insurance agency shall identify design criteria for heating oil tanks that provide superior protection against future leaks as compared to standard steel tank designs. Any tank designs identified under this section must either be constructed with fiberglass or offer at least an equivalent le... |
70A.330.110 | Authorization to process claims through interpretative guidance.(Expires July 1, 2030.) | To ensure the adoption of rules will not delay the process to close out existing claims under the heating oil pollution liability insurance program, the pollution liability insurance agency may continue to process claims through interpretative guidance pending adoption of rules.
[ 2020 c 310 s 3 .] |
70A.330.800 | Technical advice and assistance program expansion—Interpretive guidance pending rules.(Expires July 1, 2030.) | To ensure the adoption of rules will not delay the implementation of remedial actions, the pollution liability insurance agency may implement the technical advice and assistance program expansion to include petroleum storage tank systems through interpretive guidance pending adoption of rules.
[ 2017 c 23 s 7 . Formerl... |
70A.330.801 | Technical advice and assistance program expansion—Timeline.(Expires July 1, 2030.) | The pollution liability insurance agency may not expand the technical advice and assistance program to include petroleum storage tank systems until January 1, 2018. The pollution liability insurance agency may include heating oil tanks, including abandoned and decommissioned tanks, in the technical advice and assistanc... |
70A.330.900 | Expiration of chapter. | This chapter expires July 1, 2030.
[ 2016 c 161 s 17 ; 2012 1st sp.s. c 3 s 3 ; 2006 c 276 s 4 ; 2000 c 16 s 2 ; 1995 c 20 s 14 . Formerly RCW 70.149.900 .] |
70A.335.010 | Definitions. | The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Department" means the department of ecology. (2) "Metal can" means a single walled container that is manufactured from metal substrate designed to hold or pack food or beverages and sealed by can ends manuf... |
70A.335.020 | Prohibiting the sale or distribution of certain products containing bisphenol A. | (1) Beginning July 1, 2011, no manufacturer, wholesaler, or retailer may manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in this state, any bottle, cup, or other container, except a metal can, that contains bisphenol A if that container is designed or intended to be filled with a... |
70A.335.030 | Notification—Recall of products. | (1) A manufacturer of products that are restricted under this chapter must notify persons that sell the manufacturer's products in this state about the provisions of this chapter no less than ninety days prior to the effective date of the restrictions. (2) A manufacturer that produces, sells, or distributes a product p... |
70A.335.040 | Penalties. | (1) A manufacturer, wholesaler, or retailer that manufactures, knowingly sells, or distributes products in violation of this chapter is subject to a civil penalty not to exceed five thousand dollars for each violation in the case of a first offense. Manufacturers, wholesalers, or retailers who are repeat violators are ... |
70A.335.050 | Expenses to cover cost of administering chapter. | Expenses to cover the cost of administering this chapter must be paid from the model toxics control operating account under RCW 70A.305.180 .
[ 2020 c 20 s 1420 ; 2019 c 422 s 410 ; 2010 c 140 s 5 . Formerly RCW 70.280.050 .]
Effective date — Intent — 2019 c 422: See notes following RCW 82.21.010 . |
70A.335.060 | Rules. | The department may adopt rules as necessary for the purpose of implementing, administering, and enforcing this chapter.
[ 2010 c 140 s 6 . Formerly RCW 70.280.060 .] |
70A.340.010 | Findings. | The legislature finds that: (1) Brake friction material is an essential component of motor vehicle brakes and is critically important to transportation safety and public safety in general; (2) Debris from brake friction material containing copper and its compounds is generated and released to the environment during nor... |
70A.340.020 | Definitions. | The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Accredited laboratory" means a laboratory that is: (a) Qualified and equipped for testing of products, materials, equipment, and installations in accordance with national or international standards; and (b)... |
70A.340.030 | Prohibition on the sale of certain brake friction material—Exemptions. | (1) No manufacturer, wholesaler, retailer, or distributor may sell or offer for sale brake friction material in Washington state containing any of the following constituents in an amount exceeding the specified concentrations: (a) Asbestiform fibers, 0.1 percent by weight. (b) Cadmium and its compounds, 0.01 percent by... |
70A.340.040 | Brake friction material advisory committee—Members—Duties. | (1) By December 1, 2015, the department shall review risk assessments, scientific studies, and other relevant analyses regarding alternative brake friction material and determine whether the material may be available. The department shall consider any new science with regard to the bioavailability and toxicity of coppe... |
70A.340.050 | Finding that alternative brake friction material is available—Report. | If, pursuant to RCW 70A.340.040 , the department finds that alternative brake friction material is available: (1)(a) By December 31st of the year in which the finding is made, the department shall publish the information required by RCW 70A.340.040 in the Washington State Register and present it in a report to the appr... |
70A.340.060 | Application for exemption from chapter. | Any motor vehicle manufacturer or brake friction material manufacturer may apply to the department for an exemption from this chapter for brake friction material intended for a specific motor vehicle model or class of motor vehicles based on special needs or characteristics of the motor vehicles for which the brake fri... |
70A.340.070 | Manufacturers of brake friction material must provide certain data to the department—Department's duties. | (1) By January 1, 2013, and at least every three years thereafter, manufacturers of brake friction material sold or offered for sale in Washington state shall provide data to the department adequate to enable the department to determine concentrations of antimony, copper, nickel, and zinc and their compounds in brake f... |
70A.340.080 | Compliance with chapter—Proof of compliance. | (1) Manufacturers of brake friction material offered for sale in Washington state must certify compliance with the requirements of this chapter and mark proof of certification on the brake friction material in accordance with criteria developed under this section. (2) By December 1, 2012, the department must, after con... |
70A.340.090 | Enforcement of chapter—Violations—Penalties. | (1) The department must enforce this chapter. The department may periodically purchase and test brake friction material sold or offered for sale in Washington state to verify that the material complies with this chapter. (2) Enforcement of this chapter by the department must rely on notification and information exchang... |
70A.340.100 | Adoption of rules. | The department may adopt rules necessary to implement this chapter. Rules adopted by the department under this section may not exceed the terms explicitly established by this chapter.
[ 2017 c 204 s 3 ; 2010 c 147 s 10 . Formerly RCW 70.285.100 .] |
70A.345.010 | Intent.(Expires July 1, 2030.) | (1) The legislature intends for the pollution liability insurance agency to establish a revolving loan and grant program to assist owners and operators of petroleum underground storage tank systems to: (a) Remediate past releases; (b) upgrade, replace, or remove petroleum underground storage tank systems to prevent fut... |
70A.345.020 | Definitions.(Expires July 1, 2030.) | The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Agency" means the Washington state pollution liability insurance agency. (2) "Heating oil tank" means a tank and its connecting pipes, whether above or below ground, or in a basement, with pipes connected t... |
70A.345.030 | Program established—Purpose—Maximum amount of loans and grants.(Expires July 1, 2030.) | (1) The agency shall establish an underground storage tank revolving loan and grant program to provide loans or grants to owners or operators to: (a) Conduct remedial actions in accordance with chapter 70A.305 RCW, including investigations and cleanups of any release or threatened release of a hazardous substance at or... |
70A.345.040 | Use of funds—Restrictions.(Expires July 1, 2030.) | (1) A recipient of a loan or grant may not use these funds to conduct remedial actions of a release or threatened release from a petroleum underground storage tank system requiring financial assurances under chapter 70A.355 RCW or subtitle I of the solid waste disposal act (42 U.S.C., chapter 82, subchapter IX) unless ... |
70A.345.050 | Program administration—Loan origination fees.(Expires July 1, 2030.) | The agency shall partner and enter into a memorandum of agreement with the department of health to implement the revolving loan and grant program. (1) The agency shall approve recipients for loans and grants, structure funding offers to protect applicants with limited economic resources, and manage the work conducted u... |
70A.345.060 | Remedial actions—Release or threatened release of hazardous substance.(Expires July 1, 2030.) | (1) The agency may conduct remedial actions and investigate or clean up a release or threatened release of a hazardous substance at or affecting an underground storage tank facility if the following conditions are met: (a) The owner or operator received a loan or grant for the underground storage tank facility under th... |
70A.345.070 | Lien for cost of remedial action—Procedure—Notice.(Expires July 1, 2030.) | (1) The agency may file a lien against the underground storage tank facility if the agency incurs remedial action costs and those costs are unrecovered by the agency. (a) A lien filed under this section may not exceed the remedial action costs incurred by the agency. (b) A lien filed under this section has priority in ... |
70A.345.080 | Pollution liability insurance agency underground storage tank revolving account.(Expires July 1, 2030.) | (1) The pollution liability insurance agency underground storage tank revolving account is created in the state treasury. All receipts from sources identified under subsection (2) of this section must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the accou... |
70A.345.090 | Report on agency activities.(Expires July 1, 2030.) | By September 1st of each even-numbered year, the agency must provide the office of financial management and the appropriate legislative committees a report on the agency's activities supported by expenditures from the pollution liability insurance agency underground storage tank revolving account. The report must at a ... |
70A.345.100 | Adoption of rules—Memorandum of agreement—Interpretative guidance.(Expires July 1, 2030.) | The agency must adopt rules under chapter 34.05 RCW necessary to carry out the provisions of this chapter. To accelerate remedial actions, the agency shall enter into a memorandum of agreement with the department of health under RCW 70A.345.050 within one year of July 1, 2016. To ensure the adoption of rules will not d... |
70A.345.110 | Civil liability of state.(Expires July 1, 2030.) | Officers, employees, and authorized representatives of the agency and the department of health, and the state of Washington are immune from civil liability and no cause of action of any nature may arise from any act or omission in exercising powers and duties under this chapter.
[ 2016 c 161 s 11 . Formerly RCW 70.340.... |
70A.345.120 | Applicability of chapter—Authority of the department of ecology.(Expires July 1, 2030.) | Nothing in this chapter limits the authority of the department of ecology under chapter 70A.305 RCW.
[ 2020 c 20 s 1443 ; 2016 c 161 s 12 . Formerly RCW 70.340.120 .]
Effective date — 2016 c 161 ss 1-13: See note following RCW 70A.345.010 . |
70A.345.130 | Pollution liability insurance program trust account—Transfers to revolving account. | (1) On July 1, 2016, if the cash balance amount in the pollution liability insurance program trust account exceeds seven million five hundred thousand dollars after excluding the reserves under RCW 70A.325.020 (2), the state treasurer shall transfer the amount exceeding seven million five hundred thousand dollars, up t... |
70A.345.900 | Expiration date—Savings clause—Reversion of revolving account funds. | (1) RCW 70A.345.010 through 70A.345.120 expire July 1, 2030. (2) The expiration of RCW 70A.345.010 through 70A.345.120 does not terminate any of the following rights, obligations, authorities or any provision necessary to carry out: (a) The repayment of loans due and payable to the lender or the state of Washington; (b... |
70A.350.010 | Definitions. | The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "6PPD" means the chemical compound N-(1,3-dimethylbutyl)-N'-phenyl-p-phenylenediamine. (2) "Consumer product" means any item, including any component parts and packaging, sold for residential or commercial u... |
70A.350.020 | Report to the legislature—Priority chemicals. | Every five years, and consistent with the timeline established in RCW 70A.350.050 , the department, in consultation with the department of health, must report to the appropriate committees of the legislature its decision to designate at least five priority chemicals that meet at least one of the following: (1) The chem... |
70A.350.030 | Identification of priority consumer products—Report to the legislature—Exempt products. | (1) Every five years, and consistent with the timeline established in RCW 70A.350.050 , the department, in consultation with the department of health, shall identify priority consumer products that are a significant source of or use of priority chemicals. The department must submit a report to the appropriate committee... |
70A.350.040 | Regulatory actions—Report to the legislature—Authority to restrict or prohibit priority chemicals. | (1) Every five years, and consistent with the timeline established in RCW 70A.350.050 , the department, in consultation with the department of health, must determine regulatory actions to increase transparency and to reduce the use of priority chemicals in priority consumer products. The department must submit a report... |
70A.350.050 | Identification of priority consumer products—Regulatory actions—Rules—Public notice. | (1)(a) By June 1, 2020, and consistent with RCW 70A.350.030 , the department shall identify priority consumer products that are a significant source of or use of priority chemicals specified in RCW 70A.350.010 (14) (a) through (f). (b) By June 1, 2022, and consistent with RCW 70A.350.040 , the department must determine... |
70A.350.060 | Confidentiality of information and records. | (1) A manufacturer that submits information or records to the department under this chapter may request that the information or records be made available only for the confidential use of the department, the director, or the appropriate division of the department. The director shall give consideration to the request and... |
70A.350.070 | Penalty. | (1) A manufacturer violating a requirement of this chapter, a rule adopted under this chapter, or an order issued under this chapter, is subject to a civil penalty not to exceed five thousand dollars for each violation in the case of a first offense. Manufacturers who are repeat violators are subject to a civil penalty... |
70A.350.080 | Adoption of rules. | (1) The department may adopt rules as necessary for the purpose of implementing, administering, and enforcing this chapter. (2)(a) The department must adopt rules to implement the determinations of regulatory actions specified in RCW 70A.350.040 (1) (b) or (c). When proposing or adopting rules to implement regulatory d... |
70A.350.090 | PFAS chemicals. | (1) For purposes of the regulatory process established in this chapter, the department may consider any product identified in the department's final PFAS chemical action plan dated November 2021 as a source of or use of PFAS chemicals to be a priority consumer product under this chapter. No additional action, including... |
70A.350.100 | Eliminating or reducing PCBs in consumer products—Department must petition United States environmental protection agency to reassess certain regulations. | (1) The department must petition the United States environmental protection agency to reassess its regulations on excluded manufacturing processes from prohibitions on manufacturing, processing, distribution in commerce, and use of PCBs and PCB items under 40 C.F.R. Sec. 761.3 for the purpose of eliminating or reducing... |
70A.350.110 | Motor vehicle tire containing 6PPD. | For the purposes of the regulatory process established in this chapter, a motorized vehicle tire containing 6PPD that is equipped on or intended to be installed as a replacement tire on a motorized vehicle for on-highway use is a priority consumer product. For these priority products, the department must determine regu... |
70A.350.900 | Short title—2019 c 292. | This act may be known and cited as the pollution prevention for healthy people and Puget Sound act.
[ 2019 c 292 s 14 . Formerly RCW 70.365.900 .] |
70A.355.005 | Findings—Intent. | The legislature finds that leaking underground storage tanks containing petroleum and other regulated substances pose a serious threat to human health and the environment. To address this threat, the legislature intends for the department of ecology to establish an underground storage tank program designed, operated, a... |
70A.355.010 | Definitions. | (1) The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (a) "Department" means the department of ecology. (b) "Director" means the director of the department. (c) "Facility compliance tag" means a marker, constructed of metal, plastic, or other durable material, ... |
70A.355.020 | Department's powers and duties—Rule-making authority. | (1) The department must adopt rules establishing requirements for all underground storage tanks that are regulated under the federal act, taking into account the various classes or categories of tanks to be regulated. The rules must be consistent with and no less stringent than the federal regulations and the undergrou... |
70A.355.030 | Environmentally sensitive areas. | (1) A city, town, or county may apply to the department to have an area within its jurisdictional boundaries designated an environmentally sensitive area. A city, town, or county may submit a joint application with any other city, town, or county for joint administration under chapter 39.34 RCW of a single environmenta... |
70A.355.040 | Delivery of regulated substances. | (1) A person delivering regulated substances to underground storage tanks shall not deliver or deposit regulated substances to underground storage tanks or facilities that do not have a facility compliance tag displayed as required in RCW 70A.355.020 (5)(a). Additionally, a person delivering regulated substances to und... |
70A.355.050 | Investigation and access. | (1) If necessary to determine compliance with the requirements of this chapter, an authorized representative of the state engaged in compliance inspections, monitoring, and testing may, by request, require an owner or operator to submit relevant information or documents. The department may subpoena witnesses, documents... |
70A.355.060 | Enforcement. | The director may seek appropriate injunctive or other judicial relief by filing an action in Thurston county superior court or issue such order as the director deems appropriate to: (1) Enjoin any threatened or continuing violation of this chapter or rules adopted under this chapter; (2) Restrain immediately and effect... |
70A.355.070 | Penalties. | (1) A person who fails to notify the department pursuant to tank notification requirements or who submits false information is subject to a civil penalty not to exceed five thousand dollars per violation. (2) A person who violates this chapter or rules adopted under this chapter is subject to a civil penalty not to exc... |
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