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70A.355.080 | Annual tank fee. | (1) An annual tank fee of one hundred twenty dollars per tank is effective July 1, 2007, to June 30, 2008. An annual tank fee of one hundred forty dollars per tank is effective from July 1, 2008, to June 30, 2009. Effective July 1, 2009, the annual tank fee will increase up to one hundred sixty dollars per tank unless ... |
70A.355.090 | Underground storage tank account. | The underground storage tank account is created in the state treasury. Money in the account may only be spent, subject to legislative appropriation, for the administration and enforcement of the underground storage tank program established under this chapter. The account shall contain: (1) All fees collected under RCW ... |
70A.355.100 | Preemption. | (1) Except as provided in RCW 70A.355.030 and subsections (2), (3), (4), and (5) of this section, the rules adopted under this chapter supersede and preempt any state or local underground storage tank law, ordinance, or resolution governing any aspect of regulation covered by the rules adopted under this chapter. (2) P... |
70A.355.900 | Captions not law. | Section headings used in this chapter do not constitute any part of the law.
[ 1989 c 346 s 15 . Formerly RCW 90.76.900 .]
Sunset Act application: See note following chapter digest. |
70A.355.901 | Severability—1989 c 346. | If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
[ 1989 c 346 s 14 . Formerly RCW 90.76.901 .]
Sunset Act application: See note following chapter digest. |
70A.355.902 | Effective date—1989 c 346. | (1) Except as provided in subsection (2) of this section, RCW 70A.355.040 , 70A.355.100 , and 19.27.080 take effect on July 1, 1990. (2) This section shall apply only if this act becomes effective as provided under *section 20(2) of this act.
[ 2020 c 20 s 1516 ; 1989 c 346 s 18 . Formerly RCW 90.76.902 .]
*Reviser's n... |
70A.380.010 | Compact. | The Northwest Interstate Compact on Low-Level Radioactive Waste Management is hereby enacted into law and entered into by the state of Washington as a party, and is in full force and effect between the state and other states joining the compact in accordance with the terms of the compact. NORTHWEST INTERSTATE COMPACT O... |
70A.380.020 | Requirements of Washington representative to Northwest low-level waste compact committee. | The person designated as the Washington representative to the committee as specified in Article V shall adhere to all provisions of the low-level radioactive waste compact. In considering special conditions or arrangements for access to the state's facilities from wastes generated outside of the region, the committee m... |
70A.380.030 | Rule-making authority. | See RCW 70A.384.040 . |
70A.382.010 | Pacific States Agreement on Radioactive Materials Transportation Management. | The Pacific States Agreement on Radioactive Materials Transportation Management is hereby enacted into law and entered into by the state of Washington as a party, and is in full force and effect between the state and other states joining the agreement in accordance with its terms. PACIFIC STATES AGREEMENT ON RADIOACTIV... |
70A.382.900 | Legislative directive—State designee—1987 c 90. | (1) Section 1 of this act shall constitute a new chapter in Title 70A RCW. (2) The Washington state designee to the committee shall be appointed by the governor.
[ 2020 c 20 s 1052 ; 1987 c 90 s 2 . Formerly RCW 43.146.900 .] |
70A.384.005 | Finding—Purpose. | The legislature finds that the safe transporting, handling, storage, or otherwise caring for radioactive wastes is required to protect the health, safety, and welfare of the citizens of the state of Washington. It is the purpose of this chapter to establish authority for the state to exercise appropriate oversight and ... |
70A.384.010 | Definitions. | As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise. (1) "Commercial low-level radioactive waste disposal facility" has the same meaning as "facility" as defined in RCW 70A.380.010 . (2) "Department" means the department of ecology. (3) "High-level radi... |
70A.384.020 | Participation authority regarding federal statutes—Federal financial assistance. | The department of ecology is designated as the executive branch agency for participation in the federal nuclear waste policy act of 1982 and the federal low-level radioactive waste policy act of 1980, however the legislature retains an autonomous role with respect to participation in all aspects of the federal nuclear ... |
70A.384.030 | Cooperation required. | All departments, agencies, and officers of this state and its subdivisions shall cooperate with the department of ecology in the furtherance of any of its activities pursuant to this chapter.
[ 1989 c 322 s 3 ; 1984 c 161 s 4 ; 1983 1st ex.s. c 19 s 3 . Formerly RCW 43.200.030 .] |
70A.384.040 | Rules. | The department of ecology shall adopt such rules as are necessary to carry out responsibilities under this chapter. The department of ecology is authorized to adopt such rules as are necessary to carry out its responsibilities under chapter 70A.380 RCW.
[ 2020 c 20 s 1054 ; 1989 c 322 s 5 ; 1986 c 2 s 5 ; 1984 c 161 s ... |
70A.384.050 | Additional powers and duties of director—Site closure account—Perpetual surveillance and maintenance account. | The director of ecology shall, in addition to the powers and duties otherwise imposed by law, have the following special powers and duties: (1) To fulfill the responsibilities of the state under the lease between the state of Washington and the federal government executed September 10, 1964, as amended, covering approx... |
70A.384.060 | Waste disposal surcharges and penalty surcharges—Disposition. | The governor may assess surcharges and penalty surcharges on the disposal of waste at the commercial low-level radioactive waste disposal facility. The surcharges may be imposed up to the maximum extent permitted by federal law. Ten dollars per cubic foot of the moneys received under this section shall be transmitted m... |
70A.384.070 | Implementation of federal low-level radioactive waste policy amendments of 1985. | Except as provided in chapter 70A.388 RCW related to administration of a user permit system, the department of ecology shall be the state agency responsible for implementation of the federal low-level radioactive waste policy amendments act of 1985, including: (1) Collecting and administering the surcharge assessed by ... |
70A.384.080 | Studies on-site closure and perpetual care and maintenance requirements and on adequacy of insurance coverage. | The department of ecology shall perform studies, by contract or otherwise, to define site closure and perpetual care and maintenance requirements for the commercial low-level radioactive waste disposal facility and to assess the adequacy of insurance coverage for general liability, radiological liability, and transport... |
70A.384.090 | Review of potential damage—Financial assurance. | (1) The director of the department of ecology may periodically review the potential for bodily injury and property damage arising from the transportation and disposal of commercial low-level radioactive waste under permits issued by the state. (2) In making the determination of the appropriate level of financial assura... |
70A.384.100 | Site closure fee—Generally. | Beginning January 1, 1993, the department of ecology may impose a reasonable site closure fee if necessary to be deposited in the site closure account established under RCW 70A.384.050 . The department may continue to collect moneys for the site closure account until the account contains an amount sufficient to complet... |
70A.384.110 | Fees for waste generators. | The director of the department of ecology shall require that generators of waste pay a fee for each cubic foot of waste disposed at any facility in the state equal to six dollars and fifty cents. The fee shall be imposed specifically on the generator of the waste and shall not be considered to apply in any way to the l... |
70A.384.120 | Waste generator surcharge remittal to counties. | A portion of the surcharge received under RCW 70A.384.110 shall be remitted monthly to the county in which the low-level radioactive waste disposal facility is located in the following manner: (1) During 1993, six dollars and fifty cents per cubic foot of waste; (2) During 1994, three dollars and twenty-five cents per ... |
70A.384.130 | Disposal of waste generator surcharges. | Except for moneys that may be remitted to a county in which a low-level radioactive waste disposal facility is located, all surcharges authorized under RCW 70A.384.110 shall be deposited in the fund created in RCW 43.31.422 .
[ 2020 c 20 s 1061 ; 1991 c 272 s 18 . Formerly RCW 43.200.235 .]
Effective dates — 1991 c 272... |
70A.384.900 | Construction of chapter. | The rules of strict construction do not apply to this chapter and it shall be liberally construed in order to carry out the objective for which it is designed, in accordance with the legislative intent to give the board the maximum possible freedom in carrying the provisions of this chapter into effect.
[ 1984 c 161 s ... |
70A.384.901 | Conflict with federal requirements—1983 1st ex.s. c 19. | If any part of this act shall be found to be in conflict with federal requirements which are a prescribed condition to the allocation of federal funds to the state, such conflicting part of this act is hereby declared to be inoperative solely to the extent of such conflict and with respect to the agencies directly affe... |
70A.384.902 | Construction—1986 c 191. | The provisions of this act shall not have the effect of reducing the level of liability coverage required under any law, regulation, or contract of the state before December 31, 1987, or the effective date of the first determination made pursuant to RCW 70A.384.090 , if earlier.
[ 2020 c 20 s 1062 ; 1986 c 191 s 4 . Fo... |
70A.384.903 | Transfer of site use permit program from the department of ecology to the department of health. | (1) The site use permit program is transferred from the department of ecology to the department of health. (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of ecology site use permit program shall be delivered to the custody of the department... |
70A.386.010 | Findings. | The legislature and the people of the state of Washington find that: (1) In order to solve the problem of high-level radioactive waste disposal, congress established a process for selecting two sites for the safe, permanent, and regionally equitable disposal of such waste. (2) The process of selecting three sites as fi... |
70A.386.020 | Duties relating to the site selection process for a high-level nuclear waste repository. | In order to achieve complete compliance with federal law and protect the health, safety, and welfare of the people of the state of Washington, the governor, the legislature, other statewide elected officials, and the nuclear waste board shall use all legal means necessary to: (1) Suspend the preliminary site selection ... |
70A.388.010 | Declaration of policy. | It is the policy of the state of Washington in furtherance of its responsibility to protect the public health and safety and to encourage, insofar as consistent with this responsibility, the industrial and economic growth of the state and to institute and maintain a regulatory and inspection program for sources and use... |
70A.388.020 | Purpose. | It is the purpose of this chapter to effectuate the policies set forth in RCW 70A.388.010 as now or hereafter amended by providing for: (1) A program of effective regulation of sources of ionizing radiation for the protection of the occupational and public health and safety; (2) A program to promote an orderly regulato... |
70A.388.030 | Definitions. | (1) "By-product material" means any radioactive material (except special nuclear material) yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material. (2)(a) "General license" means a license effective pursuant to rules promulgated by the state... |
70A.388.040 | State radiation control agency. | (1) The department of health is designated as the state radiation control agency, hereinafter referred to as the agency, and shall be the state agency having sole responsibility for administration of the regulatory, licensing, and radiation control provisions of this chapter. (2) The secretary of health shall be direct... |
70A.388.050 | Rules and regulations—Licensing requirements and procedure—Notice of license application—Objections—Notice upon granting of license—Registration of sources of ionizing radiation—Exemptions from registration or licensing. | (1) The agency shall provide by rule or regulation for general or specific licensing of by-product, source, special nuclear materials, or devices or equipment utilizing such materials, or other radioactive material occurring naturally or produced artificially. Such rule or regulation shall provide for amendment, suspen... |
70A.388.060 | User permit system—Fees—Indemnify and hold state harmless—Adoption of rules. | (1) The agency is empowered to administer a user permit system and issue site use permits for generators, packagers, or brokers to use the commercial low-level radioactive waste disposal facility. The agency may issue a site use permit consistent with the requirements of this chapter and the rules adopted under it and ... |
70A.388.070 | Inspection. | The agency or its duly authorized representative shall have the power to enter at all reasonable times upon any private or public property for the purpose of determining whether or not there is compliance with or violation of the provisions of this chapter and rules and regulations issued thereunder.
[ 1985 c 372 s 2 ;... |
70A.388.080 | Financial assurance—Noncompliance. | (1) The radiation control agency may require any person who applies for, or holds, a license under this chapter to demonstrate that the person has financial assurance sufficient to assure that liability incurred as a result of licensed operations and activities can be fully satisfied. Financial assurance may be in the ... |
70A.388.090 | Financial assurance—Generally. | (1) In making the determination of the appropriate level of financial assurance, the secretary shall consider: (a) Any report prepared by the department of ecology pursuant to RCW 70A.384.090 ; (b) the potential cost of decontamination, treatment, disposal, decommissioning, and cleanup of facilities or equipment; (c) f... |
70A.388.100 | Records. | (1) The agency shall require each person who possesses or uses a source of ionizing radiation to maintain necessary records relating to its receipt, use, storage, transfer, or disposal and such other records as the agency may require which will permit the determination of the extent of occupational and public exposure ... |
70A.388.110 | Federal-state agreements—Authorized—Effect as to federal licenses. | (1) The governor, on behalf of this state, is authorized to enter into agreements with the federal government providing for discontinuance of certain of the federal government's responsibilities with respect to sources of ionizing radiation and the assumption thereof by this state pursuant to this chapter. (2) Any pers... |
70A.388.120 | Inspection agreements and training programs. | (1) The agency is authorized to enter into an agreement or agreements with the federal government, other states, or interstate agencies, whereby this state will perform on a cooperative basis with the federal government, other states, or interstate agencies, inspections or other functions relating to control of sources... |
70A.388.130 | Department of ecology to seek federal funding for environmental radiation monitoring. | The department of ecology shall seek federal funding, such as is available under the clean air act (42 U.S.C. Sec. 1857 et seq.) and the nuclear waste policy act (42 U.S.C. Sec. 10101 et seq.) to carry out the purposes of RCW 70A.388.040 (4)(e).
[ 2020 c 20 s 1267 ; 1985 c 372 s 3 . Formerly RCW 70.98.122 .]
Severabili... |
70A.388.140 | Federal assistance to be sought for high-level radioactive waste program. | (1) The agency shall seek federal financial assistance as authorized by the nuclear waste policy act of 1982, P.L. 97-425 section 116(c), for activities related to the high-level radioactive waste program in the state of Washington. The activities for which federal funding is sought shall include, but are not limited t... |
70A.388.150 | Administrative procedure. | (1) In any proceeding under this chapter for the issuance or modification or repeal of rules relating to control of sources of ionizing radiation, the agency shall comply with the requirements of chapter 34.05 RCW, the administrative procedure act. (2) Notwithstanding any other provision of this chapter, whenever the a... |
70A.388.160 | Injunction proceedings. | Notwithstanding the existence or use of any other remedy, whenever any person has engaged in, or is about to engage in, any acts or practices which constitute or will constitute a violation of any provision of this chapter, or any rule, regulation, or order issued thereunder, the attorney general upon the request of th... |
70A.388.170 | Prohibited uses. | It shall be unlawful for any person to use, manufacture, produce, transport, transfer, receive, acquire, own, or possess any source of ionizing radiation unless licensed by or registered with, or exempted by the agency in accordance with the provisions of this chapter.
[ 1965 c 88 s 7 ; 1961 c 207 s 15 . Formerly RCW 7... |
70A.388.180 | Impounding of materials. | The agency shall have the authority in the event of an emergency to impound or order the impounding of sources of ionizing radiation in the possession of any person who is not equipped to observe or fails to observe the provisions of this chapter or any rules or regulations issued thereunder.
[ 1961 c 207 s 16 . Former... |
70A.388.190 | Prohibition—Fluoroscopic X-ray shoefitting devices. | The operation or maintenance of any X-ray, fluoroscopic, or other equipment or apparatus employing roentgen rays, in the fitting of shoes or other footwear or in the viewing of bones in the feet is prohibited. This prohibition does not apply to any licensed physician, surgeon, *podiatrist, or any person practicing a li... |
70A.388.200 | Exemptions. | This chapter shall not apply to the following sources or conditions: (1) Radiation machines during process of manufacture, or in storage or transit: PROVIDED, That this exclusion shall not apply to functional testing of such machines. (2) Any radioactive material while being transported in conformity with regulations a... |
70A.388.210 | Professional uses. | Nothing in this chapter shall be construed to limit the kind or amount of radiation that may be intentionally applied to a person for diagnostic or therapeutic purposes by or under the immediate direction of a licensed practitioner of the healing arts acting within the scope of his or her professional license.
[ 2012 c... |
70A.388.220 | Penalties. | Any person who violates any of the provisions of this chapter or rules, regulations, or orders in effect pursuant thereto shall be guilty of a gross misdemeanor.
[ 1961 c 207 s 20 . Formerly RCW 70.98.200 .] |
70A.388.230 | Adoption of rules for administering site use permit program. | The agency shall adopt rules for administering a site use permit program under RCW 70A.388.060 .
[ 2020 c 20 s 1268 ; 2012 c 19 s 13 . Formerly RCW 70.98.220 .]
Effective date — 2012 c 19: See note following RCW 70A.384.010 . |
70A.388.901 | Effective date—1961 c 207. | The provisions of this act relating to the control of by-product, source and special nuclear materials shall become effective on the effective date of the agreement between the federal government and this state as authorized in RCW 70A.388.110 . All other provisions of this act shall become effective on the 30th day of... |
70A.388.902 | Section headings not part of law. | Section headings as used in this chapter do not constitute any part of the law.
[ 1961 c 207 s 25 . Formerly RCW 70.98.920 .] |
70A.390.010 | Finding. | The people of the state of Washington find that: (1) Radioactive wastes are highly dangerous, in that releases of radioactive materials and emissions to the environment are inimical to the health and welfare of the people of the state of Washington, and contribute to the occurrences of harmful diseases, including exces... |
70A.390.020 | Definitions. | The definitions set forth in this section apply throughout this chapter. (1) "Radioactive waste" means unwanted radioactive material, including radioactive residues produced as a result of electric power generation or other reactor operation. (2) "Medical waste" means radioactive waste from all therapy, diagnosis, or r... |
70A.390.030 | Storage of radioactive waste from outside the state prohibited—Exceptions. | Notwithstanding any law, order, or regulation to the contrary, after July 1, 1981, no area within the geographic boundaries of the state of Washington may be used by any person or entity as a temporary, interim, or permanent storage site for radioactive waste, except medical waste, generated or otherwise produced outsi... |
70A.390.040 | Transportation of radioactive waste from outside the state for storage within the state prohibited—Exception. | Notwithstanding any law, order, or regulation to the contrary, after July 1, 1981, no person or entity may transport radioactive waste, except medical waste, generated or otherwise produced outside the geographic boundaries of the state of Washington to any site within the geographic boundaries of the state of Washingt... |
70A.390.050 | Violations—Penalties—Injunctions—Jurisdiction and venue—Fees and costs. | (1) A violation of or failure to comply with the provisions of RCW 70A.390.030 or 70A.390.040 is a gross misdemeanor. (2) Any person or entity that violates or fails to comply with the provisions of RCW 70A.390.030 or 70A.390.040 is subject to a civil penalty of one thousand dollars for each violation or failure to com... |
70A.390.060 | Interstate compact for regional storage. | Notwithstanding the other provisions of this chapter, the state of Washington may enter into an interstate compact, which will become effective upon ratification by a majority of both houses of the United States Congress, to provide for the regional storage of radioactive wastes.
[ 1981 c 1 s 6 (Initiative Measure No. ... |
70A.390.900 | Construction—1981 c 1. | This chapter shall be liberally construed to protect the health, safety, and welfare of the individual citizens of the state of Washington.
[ 1981 c 1 s 7 (Initiative Measure No. 383, approved November 4, 1980). Formerly RCW 70.99.900 .] |
70A.390.901 | Short title. | This act may be known as the Radioactive Waste Storage and Transportation Act of 1980.
[ 1981 c 1 s 9 (Initiative Measure No. 383, approved November 4, 1980). Formerly RCW 70.99.910 .] |
70A.400.005 | Definitions. | The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Chemical plant" has the same meaning as in WAC 296-24-33001, as that section existed as of January 1, 2018. (2) "Class B firefighting foam" means foams designed for flammable liquid fires. (3) "Department" ... |
70A.400.010 | Discharge or use for training purposes of certain class B firefighting foam prohibited. | Beginning July 1, 2018, a person, local government, or state agency may not discharge or otherwise use for training purposes class B firefighting foam that contains intentionally added PFAS chemicals.
[ 2018 c 286 s 2 . Formerly RCW 70.75A.010 .] |
70A.400.020 | Manufacture, sale, or distribution of certain class B firefighting foam restricted—Publication of findings—Exceptions. | (1) Beginning July 1, 2020, a manufacturer of class B firefighting foam may not manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in this state class B firefighting foam to which PFAS chemicals have been intentionally added. (2)(a) The restrictions in subsection (1) of this section... |
70A.400.030 | Sale of firefighting personal protective equipment containing PFAS chemicals—Written notice to purchaser required—Retention. | (1) Beginning July 1, 2018, a manufacturer or other person that sells firefighting personal protective equipment to any person, local government, or state agency must provide written notice to the purchaser at the time of sale if the firefighting personal protective equipment contains PFAS chemicals. The written notice... |
70A.400.040 | Manufacturer of restricted class B firefighting foam—Notification to sellers—Recall of prohibited products. | (1) A manufacturer of class B firefighting foam restricted under RCW 70A.400.020 must notify, in writing, persons that sell the manufacturer's products in this state about the provisions of this chapter no less than one year prior to the effective date of the restrictions. (2) A manufacturer that produces, sells, or di... |
70A.400.050 | Class B firefighting foam/firefighting personal protective equipment—Certificate of compliance—Department duties. | (1) The department may request a certificate of compliance from a manufacturer of class B firefighting foam or firefighting personal protective equipment. A certificate of compliance attests that a manufacturer's product or products meets the requirements of this chapter. (2) Beginning July 1, 2018, the department shal... |
70A.400.060 | Penalties. | A manufacturer of class B firefighting foam in violation of RCW 70A.400.020 or 70A.400.040 or a person in violation of RCW 70A.400.010 or 70A.400.030 is subject to a civil penalty not to exceed five thousand dollars for each violation in the case of a first offense. Manufacturers, local governments, or persons that are... |
70A.405.005 | Findings. | Polybrominated diphenyl ethers (PBDEs) have been used extensively as flame retardants in a large number of common household products for the past thirty years. Studies on animals show that PBDEs can impact the developing brain, affecting behavior and learning after birth and into adulthood, making exposure to fetuses a... |
70A.405.010 | Definitions. | The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Comestible" means edible. (2) "Commercial decabromo diphenyl ether" or "commercial deca-bde" means the chemical mixture of decabromo diphenyl ether, including associated polybrominated diphenyl ether impuri... |
70A.405.020 | Manufacture, sale, or distribution of noncomestible products containing PBDEs—Exemptions. | After January 1, 2008, no person may manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in this state noncomestible products containing PBDEs. Exemptions from the prohibition in this section are limited to the following: (1) Products containing deca-bde, except as provided in RCW 70... |
70A.405.030 | Manufacture, sale, or distribution of products containing commercial deca-bde—Departments review of commercial deca-bde alternatives—Effective date of prohibitions. | (1) Except as provided in RCW 70A.405.090 , no person may manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in this state mattresses containing commercial deca-bde after January 1, 2008. (2) Except as provided in RCW 70A.405.090 , no person may manufacture, knowingly sell, offer fo... |
70A.405.040 | Fire safety committee. | (1) The fire safety committee is created for the exclusive purpose of finding whether an alternative identified under RCW 70A.405.030 (2)(b) meets applicable fire safety standards. (2) A majority vote of the members of the fire safety committee constitutes a finding that an alternative meets applicable fire safety stan... |
70A.405.050 | Departments review of commercial deca-bde alternatives and effects of PBDEs in waste stream—Publication. | The department and the department of health shall review risk assessments, scientific studies, and other relevant findings regarding alternatives to the use of commercial deca-bde in products not directly addressed in this chapter. If a flame retardant that is safer and technically feasible becomes available, the depar... |
70A.405.060 | Exclusions from chapter—Transportation and storage. | Nothing in this chapter restricts the ability of a manufacturer, importer, or distributor from transporting products containing PBDEs through the state or storing the products in the state for later distribution outside the state.
[ 2007 c 65 s 7 . Formerly RCW 70.76.060 .] |
70A.405.070 | Notification to sellers. | A manufacturer of products containing PBDEs 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.
[ 2007 c 65 s 8 . Formerly RCW 70.76.070 .] |
70A.405.080 | Assistance to state agencies. | The department shall assist state agencies to give priority and preference to the purchase of equipment, supplies, and other products that do not contain PBDEs.
[ 2007 c 65 s 9 . Formerly RCW 70.76.080 .] |
70A.405.090 | Retailers—Liability—Existing stock. | (1) Retailers who unknowingly sell products prohibited under RCW 70A.405.020 or 70A.405.030 are not liable under this chapter. (2) In-state retailers in possession of products on the date that restrictions on the sale of the products become effective under RCW 70A.405.020 or 70A.405.030 may exhaust their existing stock... |
70A.405.100 | Enforcement—Achieving compliance with chapter—Enforcement sequence—Recall—Penalties. | (1) Enforcement of this chapter must rely on notification and information exchange between the department and manufacturers. The department must achieve compliance with this chapter using the following enforcement sequence: (a) Before the effective date of the product prohibition in RCW 70A.405.020 or 70A.405.030 , the... |
70A.405.110 | Rules. | The department may adopt rules to fully implement this chapter.
[ 2007 c 65 s 12 . Formerly RCW 70.76.110 .] |
70A.410.005 | Finding. | The legislature hereby finds and declares that: (1) Phosphorus loading of surface waters can stimulate the growth of weeds and algae, and that such growth can have adverse environmental, health, and aesthetic effects; (2) Household detergents contribute to phosphorus loading, and that a limit on detergents containing p... |
70A.410.010 | Definitions. | Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 70A.410.005 through 70A.410.030 . (1) "Department" means the department of ecology. (2) "Dishwashing detergent" means a cleaning agent sold, used, or manufactured for the purpose of cleaning dishes, whether by hand or by... |
70A.410.020 | Phosphorus content regulated. | (1) After July 1, 1994, a person may not sell or distribute for sale a laundry detergent that contains 0.5 percent or more phosphorus by weight. (2)(a) After July 1, 1994, and until the dates specified in this subsection, a person may not sell or distribute for sale a dishwashing detergent that contains 8.7 percent or ... |
70A.410.030 | Notice to distributors and wholesalers. | The department is responsible for notifying major distributors and wholesalers of the statewide limit on phosphorus in detergents.
[ 1993 c 118 s 4 . Formerly RCW 70.95L.030 .] |
70A.410.040 | Injunction. | The attorney general or appropriate city or county prosecuting attorney is authorized to bring an appropriate action to enjoin any violation of the provisions of RCW 70A.410.020 .
[ 2020 c 20 s 1244 ; 1993 c 118 s 5 . Formerly RCW 70.95L.040 .] |
70A.415.010 | Definitions. | Unless the context clearly indicates otherwise, the definitions in this section shall apply throughout this chapter. (1) "Agency" means any state agency or local government entity. (2) "Hazardous household substances" means those substances identified by the department as hazardous household substances in the guideline... |
70A.415.020 | Hazardous substance information and education office—Duties. | There is hereby created the hazardous substance information and education office. Through this office the department shall: (1) Facilitate access to existing information on hazardous substances within a community; (2) Request and obtain information about hazardous substances at specified locations and facilities from a... |
70A.420.010 | Finding. | (1) The legislature finds that lead hazards associated with lead-based paint represent a significant and preventable environmental health problem. Lead-based paint is the most widespread of the various sources of lead exposure to the public. Census data show that 1,560,000 homes in Washington state were built prior to ... |
70A.420.020 | Definitions. | The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Abatement" means any measure or set of measures designed to permanently eliminate lead-based paint hazards. (a) Abatement includes, but is not limited to: (i) The removal of paint and dust, the permanent en... |
70A.420.040 | Certification and accreditation—Rules. | (1) The department shall administer and enforce a state program for training and certification, and training program accreditation, which must include those program elements necessary to assume responsibility for federal requirements for a program as set forth in Title IV of the toxic substances control act (15 U.S.C. ... |
70A.420.050 | Rules—Report. | The department shall adopt rules to: (1) Establish procedures and requirements for the accreditation of lead-based paint activities and renovation activities training programs including, but not limited to, the following: (a) Training curriculum; (b) Training hours; (c) Hands-on training; (d) Trainee competency and pro... |
70A.420.060 | Lead paint account. | The lead paint account is created in the state treasury. All receipts from fees collected under this chapter must be deposited into the account. All receipts from penalties and fines collected pursuant to enforcement actions or settlements under this chapter, including any fees or costs, must be deposited into the acco... |
70A.420.070 | Inspections. | (1)(a) The director or the director's designee is authorized to inspect at reasonable times: (i) Premises or facilities where those engaged in training for lead-based paint activities and renovation activities conduct business; and (ii) The business records of, and take samples at, the businesses accredited, certified,... |
70A.420.080 | Certification required to perform lead-based paint activities—Renovation activities—Certificate revocation—Penalties. | (1) The department is designated as the official agency of this state for purposes of cooperating with, and implementing the state lead-based paint activities program and renovation, repair, and painting program under the jurisdiction of the United States environmental protection agency. (2) No individual or firm can p... |
70A.420.090 | Chapter contingent on federal action. | (1) The United States environmental protection agency authorized the department of commerce to administer programs under 40 C.F.R. 745, subpart Q as codified under chapter 322, Laws of 2003 (lead-based paint) and chapter 158, Laws of 2010 (state lead-based paint program – renovation activities). (2) The department's du... |
70A.420.100 | State renovation, repair, and painting program. | The department shall administer and enforce a state program for training and certification, and accreditation as set forth in Title IV of the toxic substances control act (15 U.S.C. Sec. 2601 et seq.), the residential lead-based paint hazard reduction act of 1992 (42 U.S.C. Sec. 4851 et seq.), 40 C.F.R. Part 745, Subpa... |
70A.425.010 | Purpose. | The purpose of this chapter is to provide for special packaging to protect children from personal injury, serious illness or death resulting from handling, using or ingesting household substances, and to provide penalties.
[ 1974 ex.s. c 49 s 1 . Formerly RCW 70.106.010 .] |
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