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70A.505.050 | Environmental handling charge—Collection of charges for cost of plan implementation—Annual fee.(Effective until January 1, 2035.) | (1) Each stewardship organization must recommend to the department an environmental handling charge to be added to the price of each mercury-containing light sold in or into the state of Washington for sale at retail until December 31, 2028. The environmental handling charge must be designed to provide revenue necessar... |
70A.505.060 | Collection and management of mercury.(Effective until January 1, 2035.) | (1) All mercury-containing lights and materials recovered from mercury-containing lights collected in the state by product stewardship programs or other collection programs must be recycled and any process residuals must be managed in compliance with applicable laws. (2) Mercury recovered from retorting and other hazar... |
70A.505.070 | Collectors of unwanted mercury-containing lights—Duties.(Effective until January 1, 2035.) | (1) Except for persons involved in registered mail-back programs, a person who collects unwanted mercury-containing lights in the state, receives funding through a product stewardship program for mercury-containing lights, and who is not a generator of unwanted mercury-containing lights must: (a) Register with the depa... |
70A.505.080 | Requirement to recycle end-of-life mercury-containing lights.(Effective until January 1, 2035.) | Effective January 1, 2013: (1) All persons, residents, government, commercial, industrial, and retail facilities and office buildings must recycle their end-of-life mercury-containing lights. (2) No mercury-containing lights may knowingly be placed in waste containers for disposal at incinerators, waste to energy facil... |
70A.505.090 | Producers must participate in an approved product stewardship program.(Effective until January 1, 2029.) | As of January 1, 2013, no producer, wholesaler, retailer, electric utility, or other person may distribute, sell, or offer for sale mercury-containing lights for residential use to any person in this state unless the producer is participating in a product stewardship program under a plan approved by the department.
[ 2... |
70A.505.100 | Civil penalty—Appeal—Department's authority.(Effective until January 1, 2035.) | (1)(a) The department may administratively impose a civil penalty on a person who violates this chapter in an amount of up to $1,000 per violation per day. (b) The department may administratively impose a civil penalty of up to $10,000 per violation per day on a person for repeated violations of this chapter or failure... |
70A.505.110 | Department's website to list producers participating in product stewardship plan—Required participation in a product stewardship plan—Written warning—Review of plans—Rules—Exemptions.(Effective until January 1, 2035.) | (1) The department shall provide on its website a list of all producers participating in a product stewardship plan that the department has approved and a list of all producers the department has identified as noncompliant with this chapter and any rules adopted to implement this chapter. (2) Product wholesalers, retai... |
70A.505.120 | Mercury-containing light product stewardship programs account.(Effective until January 1, 2035.) | The mercury-containing light product stewardship programs account is created in the custody of the state treasurer. All funds received from producers and stewardship organizations under this chapter and penalties collected under this chapter must be deposited in the account. Expenditures from the account may be used on... |
70A.505.130 | Adoption of rules—Report to the legislature—Invitation to entities to comment on issues—Estimate of statewide recycling rate for mercury-containing lights—Mercury vapor barrier packaging.(Effective until January 1, 2035.) | (1) The department may adopt rules necessary to implement, administer, and enforce this chapter. (2) By November 1, 2033, the department shall report to the appropriate committees of the legislature concerning the status of the product stewardship program and recommendations for changes to the provisions of this chapte... |
70A.505.140 | Application of chapter to the Washington utilities and transportation commission.(Effective until January 1, 2035.) | Nothing in this chapter changes or limits the authority of the Washington utilities and transportation commission to regulate collection of solid waste, including curbside collection of residential recyclable materials, nor does this chapter change or limit the authority of a city or town to provide such service itself... |
70A.505.150 | Application of chapter to entities regulated under chapter70A.300RCW.(Effective until January 1, 2035.) | Nothing in this chapter changes the requirements of any entity regulated under chapter 70A.300 RCW to comply with the requirements under that chapter.
[ 2020 c 20 s 1418 ; 2010 c 130 s 16 . Formerly RCW 70.275.160 .] |
70A.505.160 | Immunity from antitrust liability.(Effective until January 1, 2035.) | (1) It is the intent of the legislature that a producer, legacy producer, group of producers or legacy producers, or stewardship organization preparing, submitting, and implementing a mercury-containing light product stewardship program pursuant to this chapter, as well as participating entities in the distribution cha... |
70A.505.170 | Requirements of chapter cease to apply—When. | The requirements of this chapter cease to apply beginning the earlier of: (1) January 1, 2035; or (2) A date determined by the department, based on the diminishing number of mercury-containing lights collected by the program reaching a de minimis level where the continued expense and environmental cost of implementing ... |
70A.505.900 | Chapter liberally construed.(Effective until January 1, 2035.) | This chapter must be liberally construed to carry out its purposes and objectives.
[ 2010 c 130 s 17 . Formerly RCW 70.275.900 .] |
70A.505.901 | Severability—2010 c 130.(Effective until January 1, 2035.) | 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.
[ 2010 c 130 s 21 . Formerly RCW 70.275.901 .] |
70A.510.010 | Photovoltaic module stewardship and takeback program—Definitions—Requirements—Enforcement—Penalty—Fees—Rule making. | (1) The legislature finds that a convenient, safe, and environmentally sound system for the recycling of photovoltaic modules, minimization of hazardous waste, and recovery of commercially valuable materials must be established. The legislature further finds that the responsibility for this system must be shared among ... |
70A.510.020 | Photovoltaic module advisory committee—Members—Duties—Report.(Expires July 1, 2030.) | (1) Subject to the availability of amounts appropriated for this specific purpose, the department must establish a photovoltaic module advisory committee. The committee may include representatives of any parties the department deems appropriate to carry out the duties in subsection (3) of this section, but must include... |
70A.515.010 | Findings. | The legislature finds that: (1) Leftover architectural paints are a waste management issue and present environmental risks and health and safety risks, especially to workers in the solid waste industry. During waste collection and processing, wet paint can create spills and splashes and oil paint containers may rupture... |
70A.515.020 | Definitions. | The definitions in this section apply throughout this chapter unless the content clearly requires otherwise. (1)(a) "Architectural paint" or "paint" means interior and exterior architectural coatings, sold in a container of five gallons or less. (b) "Architectural paint" or "paint" does not mean industrial coatings, or... |
70A.515.030 | Paint stewardship plan. | (1) All producers of architectural paint selling in or into the state of Washington shall participate in an approved Washington state paint stewardship plan for covered entities through membership in and appropriate funding of a stewardship organization. (2) Producers not participating in a stewardship plan may not sel... |
70A.515.040 | Plan for the implementation of a paint stewardship program—Plan components—Funding mechanism—Collection—Promotion of a paint stewardship program—New plan or plan amendment. | (1) A stewardship organization representing producers shall submit a plan for the implementation of a paint stewardship program to the department for approval by May 30, 2020, or within one year of July 28, 2019, whichever comes later. The plan must include the following components: (a) A description of how the program... |
70A.515.050 | Paint stewardship program plan—Collection site procedural manual—Educational and informational materials—Annual administrative fee. | (1) Each stewardship organization shall submit a paint stewardship program plan in accordance with RCW 70A.515.040 . (2) Each stewardship organization shall develop and distribute a collection site procedural manual to collection sites to help ensure proper management of architectural paints at collection locations. (3... |
70A.515.060 | Department's review of the plan—Approval/rejection—Public review—Assessment, departmental oversight—Recovery of costs for administering and enforcing chapter—Administrative fee—Penalties—List of producers and brands on the department's website—Rules. | (1) The department shall review the plan within one hundred twenty days of receipt, and make a determination as to whether or not to approve the plan. The department shall provide a letter of approval for the plan if it provides for the establishment of a paint stewardship program that meets the requirements of RCW 70A... |
70A.515.070 | Required participation in an approved stewardship plan—Information regarding available end-of-life paint management options. | (1) A producer or paint retailer may not sell or offer for sale to any person in the state architectural paint unless the producer or brand of architectural paint is participating in an approved stewardship plan under this chapter. A retailer complies with the requirements of this section if, on the date the architectu... |
70A.515.080 | Report. | (1) By October 15, 2020, and annually thereafter, a stewardship organization shall submit to the department a report describing the paint stewardship program that the stewardship organization implemented during the previous fiscal year. The report must include all of the following: (a) A description of the methods the ... |
70A.515.090 | Immunity from certain state laws. | Producers or stewardship organizations acting on behalf of producers that prepare, submit, and implement a paint stewardship program plan pursuant to RCW 70A.515.040 and thereby are subject to regulation by the department are granted immunity from state laws relating to antitrust, restraint of trade, unfair trade pract... |
70A.515.100 | Paint product stewardship account. | The paint product stewardship account is created in the state treasury. All receipts received by the department from stewardship organizations must be deposited in the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used by the department only for administering... |
70A.515.110 | Chapter void if federal law establishes a national program. | This chapter is void if a federal law, or a combination of federal laws, takes effect that establishes a national program for the collection and recycling of architectural paint that substantially meets the intent of this chapter, including the creation of a funding mechanism for collection, transportation, recycling, ... |
70A.515.120 | Authority of utilities and transportation commission. | Nothing in this chapter changes or limits the authority of the Washington utilities and transportation commission to regulate collection of solid waste, including curbside collection of residential recyclable materials, nor does this chapter change or limit the authority of a city or town to provide the service itself ... |
70A.515.130 | Protection of certain records from public inspection. | (1) Except as provided in subsection (3) of this section, records, subject to chapter 42.56 RCW, filed with the department from any person that contain valuable commercial information, including trade secrets, confidential marketing, cost, or financial information, or customer-specific usage information, are not subjec... |
70A.520.010 | Findings—Intent.(Expires July 1, 2029.) | (1) The legislature finds that: (a) Convenient and environmentally sound product stewardship programs that include collecting, transporting, and reuse, recycling, or the proper end-of-life management of unwanted products help protect Washington's environment and the health of state residents; (b) Unwanted products shou... |
70A.520.020 | Definitions.(Expires July 1, 2029.) | The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Brand" means a name, symbol, word, or mark that identifies a product, rather than its components, and attributes the covered product to the owner of the brand as the producer. (2) "Department" means the dep... |
70A.520.030 | Evaluation and assessment—Report to the legislature.(Expires July 1, 2029.) | (1) The department must evaluate and assess the amount and types of plastic packaging sold into the state as well as the management and disposal of plastic packaging. When conducting the evaluation, the department must ensure that producers, providers of solid waste management services, and stakeholders are consulted. ... |
70A.520.900 | Expiration date. | This chapter expires July 1, 2029.
[ 2019 c 460 s 4 . Formerly RCW 70.380.900 .] |
70A.525.005 | Finding. | The legislature finds that creating labeling standards for disposable wipes products will protect public health, the environment, water quality, and public infrastructure used for the collection, transport, and treatment of wastewater. It is not the intent of the legislature to address standards for flushability with t... |
70A.525.010 | Definitions. | The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Covered entity" means a manufacturer of a covered product and a wholesaler, supplier, or retailer that has contractually undertaken responsibility to the manufacturer for the "do not flush" labeling of a co... |
70A.525.020 | Labeling requirements. | (1) A covered entity must clearly and conspicuously label a package containing a covered product as "do not flush" as follows: (a) Use the "do not flush" symbol, or a gender equivalent thereof, described in the INDA/EDANA code of practice 2 (COP2, as published in "Guidelines for Assessing the Flushability of Disposable... |
70A.525.030 | Documentation demonstrating compliance with chapter. | Upon a request by a city or a county, a covered entity must submit to the requesting entity, within ninety days of the request, nonconfidential business information and documentation demonstrating compliance with this chapter, in a format that is easy to understand.
[ 2020 c 121 s 4 .] |
70A.525.040 | Enforcement of chapter—Civil penalties. | (1) Cities and counties have concurrent and exclusive authority to enforce this chapter and to collect civil penalties for a violation of this chapter, subject to the conditions in this section. An enforcing government entity may impose a civil penalty in the amount of up to two thousand dollars for the first violation... |
70A.525.050 | Violation of chapter—Written notice—First and subsequent penalties. | Covered entities that violate the requirements of this chapter are subject to civil penalties described in RCW 70A.525.040 . A specific violation is deemed to have occurred upon the sale of a noncompliant product package. The repeated sale of the same noncompliant product package is considered part of the same, single ... |
70A.525.900 | Effective date—2020 c 121. | This act takes effect July 1, 2022.
[ 2020 c 121 s 8 .] |
70A.525.901 | Application to certain products. | (1) If a covered product in commerce in Washington as of July 1, 2023, is required to be registered by the United States environmental protection agency under the federal insecticide, fungicide, and rodenticide act (7 U.S.C. Sec. 136 et seq. (1996)) or the department of agriculture under RCW 15.58.050 , the covered ent... |
70A.525.902 | Preemption by chapter. | This chapter preempts all existing or future laws enacted by a county, city, town, or other political subdivision of the state regarding the labeling of a covered product. Nothing in this section is intended to preempt the enforcement authority of a city or county as provided under RCW 70A.525.040 and 70A.525.050 .
[ 2... |
70A.530.005 | Intent. | (1) State policy has long placed waste reduction as the highest priority in the collection, handling, and management of solid waste. Reducing plastic bag waste holds particular importance among state waste reduction efforts for a number of reasons: (a) Single-use plastic carryout bags are made of nonrenewable resources... |
70A.530.010 | Definitions. | The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Carryout bag" means any bag that is provided by a retail establishment at home delivery, the check stand, cash register, point of sale, or other point of departure to a customer for use to transport or carr... |
70A.530.020 | Retail establishments—Limitations on carryout bags. | (1) Beginning January 1, 2021, except as provided in this section and RCW 70A.530.030 , a retail establishment may not provide to a customer or a person at an event: (a) A single-use plastic carryout bag; (b) A paper carryout bag that does not meet the requirements of subsection (6)(a) of this section or a reusable car... |
70A.530.030 | Payment for any portion of pass-through charge—Violation of RCW70A.530.020. | It is a violation of RCW 70A.530.020 for any retail establishment to pay or otherwise reimburse a customer for any portion of the pass-through charge; provided that retail establishments may not collect a pass-through charge from anyone using a voucher or electronic benefits card issued under the women, infants, and ch... |
70A.530.040 | Pulp and paper mill expansion or reconfiguration—Adoption of rules—Enforcement of chapter—Education—Civil penalty. | (1) Until June 1, 2025, the department shall prioritize the expedited processing of applications for permits related to the expansion or reconfiguration of an existing pulp and paper mill for the purpose of manufacturing paper bags or raw materials used to manufacture paper bags. (2) The department may adopt rules as n... |
70A.530.050 | Preemption of local ordinances. | (1) Except as provided in subsection (2) of this section, a city, town, county, or municipal corporation may not implement a local carryout bag ordinance. Except as provided in subsection (2) of this section, any carryout bag ordinance that was enacted as of April 1, 2020, is preempted by this chapter. (2)(a) A city, t... |
70A.530.060 | Report to the legislature.(Expires July 1, 2027.) | (1) By December 1, 2024, the department of commerce, in consultation with the department, must submit a report to the appropriate committees of the legislature in order to allow an opportunity for the legislature to amend the mil thickness requirements for reusable carryout bags made of film plastic, the amount of the ... |
70A.535.005 | Findings—Intent—2021 c 317. | (1) The legislature finds that rapid innovations in low carbon transportation technologies, including electric vehicles and clean transportation fuels, are at the threshold of widespread commercial deployment. In order to help prompt the use of clean fuels, other states have successfully implemented programs that reduc... |
70A.535.010 | Definitions. | The definitions in this section apply throughout this chapter unless the context clearly indicates otherwise. (1) "Alternative jet fuel" means a fuel that can be blended and used with conventional petroleum jet fuels without the need to modify aircraft engines and existing fuel distribution infrastructure, and that hav... |
70A.535.025 | Carbon intensity in transportation fuels—Standards to reduce carbon intensity—Adoption of rules—Monthly calculation. | (1) The department shall adopt rules that establish standards that reduce carbon intensity in transportation fuels used in Washington. The standards established by the rules must be based on the carbon intensity of gasoline and gasoline substitutes and the carbon intensity of diesel and diesel substitutes. The standard... |
70A.535.030 | Requirements for rules adopted under RCW70A.535.025. | The rules adopted by the department to achieve the greenhouse gas emissions reductions per unit of fuel energy specified in RCW 70A.535.025 must include, but are not limited to, the following: (1) Standards for greenhouse gas emissions attributable to the transportation fuels throughout their life cycles, including but... |
70A.535.040 | Rules adopted under RCW70A.535.025and70A.535.030—Exemptions for certain transportation fuels. | (1) The rules adopted under RCW 70A.535.030 and 70A.535.025 must include exemptions for, at minimum, the following transportation fuels: (a) Fuels used in volumes below thresholds adopted by the department; (b) Fuels used for the propulsion of all aircraft, vessels, and railroad locomotives; and (c) Fuels used for the ... |
70A.535.050 | Rules adopted under RCW70A.535.025and70A.535.030—Generation of credits. | (1) The rules adopted under RCW 70A.535.030 and 70A.535.025 may allow the generation of credits from activities that support the reduction of greenhouse gas emissions associated with transportation in Washington, including but not limited to: (a) Carbon capture and sequestration projects, including but not limited to: ... |
70A.535.060 | Adoption of rules—Harmonization with other states—Stakeholder advisory panel—Review of innovative technologies—Report requirements. | (1) Except where otherwise provided in this chapter, the department shall seek to adopt rules that are harmonized with the regulatory standards, exemptions, reporting obligations, rule updates, and other clean fuels program compliance requirements and methods for credit generation of other states that: (a) Have adopted... |
70A.535.070 | Producers or importers must register with the department—Transfer of ownership of transportation fuels—Documentation—Reporting of information—Adoption of rules. | (1)(a) Each producer or importer of any amount of a transportation fuel that is ineligible to generate credits consistent with the requirements of RCW 70A.535.030 (3) must register with the department. (b) Electric vehicle manufacturers and producers, importers, distributors, users, and retailers of transportation fuel... |
70A.535.080 | Electric utilities—Use of certain revenues—Provision of information to the department. | (1)(a) Fifty percent of the revenues generated by an electric utility from credits earned from the electricity supplied to retail customers by an electric utility under the clean fuels program must be expended by the electric utility on transportation electrification projects, which may include projects to support the ... |
70A.535.090 | Reporting requirements—Report to the legislature—Independent analysis. | (1) Beginning May 1, 2025, and each May 1st thereafter, the department must post a report on the department's website that includes the following information regarding the previous calendar year of clean fuels program activities: (a) The program-wide number of credits and deficits generated by entities participating in... |
70A.535.100 | Fuel supply forecast. | (1) In consultation with the department, the utilities and transportation commission, and the department of agriculture, the department of commerce must develop a periodic fuel supply forecast to project the availability of fuels to Washington necessary for compliance with clean fuels program requirements. (2) Based up... |
70A.535.110 | Forecast deferral. | (1) No later than 30 calendar days before the commencement of a compliance period, the department shall issue an order declaring a forecast deferral if the fuel supply forecast under RCW 70A.535.100 projects that the amount of credits that will be available during the forecast compliance period will be less than 100 pe... |
70A.535.120 | Emergency deferral of compliance with carbon intensity standard. | (1) The director of the department may issue an order declaring an emergency deferral of compliance with the carbon intensity standard established under RCW 70A.535.025 no later than 15 calendar days after the date the department determines, in consultation with the governor's office and the department of commerce, tha... |
70A.535.130 | Fee—Clean fuels program account—Rule making to be conducted as provided in RCW34.05.328. | (1) The department may require that persons that are required or elect to register or report under this chapter pay a fee. If the department elects to require program participants to pay a fee, the department must, after an opportunity for public review and comment, adopt rules to establish a process to determine the p... |
70A.535.140 | Joint legislative audit and review committee analysis.(Expires June 30, 2030.) | (1) By December 1, 2030, the joint legislative audit and review committee must analyze the impacts of the initial five years of clean fuels program implementation and must submit a report summarizing the analysis to the legislature. The analysis must include, at minimum, the following components: (a) Costs and benefits... |
70A.535.150 | Alternative jet fuel. | (1) By no later than December 31, 2023, the department must allow one or more carbon intensity pathways for alternative jet fuel. (2) The department must allow biomethane to be claimed as the feedstock for renewable diesel and alternative jet fuel consistent with that allowable for compressed natural gas, liquefied nat... |
70A.535.160 | Clean fuels transportation investment account. | The clean fuels transportation investment account is created in the state treasury. All receipts to the state from clean fuel credits generated under this chapter from transportation investments funded in an omnibus transportation appropriations act, including those listed under RCW 70A.535.050 (3), must be deposited i... |
70A.535.170 | Clean fuels credit account. | The clean fuels credit account is created in the state treasury. All receipts from clean fuel credits generated under this chapter by state agency activities not funded through an appropriation in an omnibus transportation appropriations act must be deposited into the account. Moneys in the account may be spent only af... |
70A.535.180 | Compliance obligations—Reports—Violations—Penalties. | (1)(a) All regulated parties and credit generators are required to submit reports under RCW 70A.535.070 in a timely manner to meet the entities' compliance obligations and shall comply with all requirements for recordkeeping, reporting, transacting credits, obtaining a carbon intensity calculation, and other provisions... |
70A.535.190 | Department duty to publish—Analysis—Forecasts. | (1) The department shall publish on its website analysis and forecasts of the credit markets created by this chapter, including: (a) The prices of credits in Washington and the price of credits as compared to other jurisdictions implementing similar clean fuels policies; (b) Trends in credit supply and demand; (c) Acti... |
70A.540.010 | Definitions. | The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Active municipal solid waste landfill" means a municipal solid waste landfill that has accepted or is accepting solid waste for disposal and has not been closed in accordance with the requirements set forth... |
70A.540.020 | Application of chapter—Rules. | (1) This chapter applies to all municipal solid waste landfills that received solid waste after January 1, 1992, except as provided in subsection (2) of this section. (2) This chapter does not apply to the following landfills: (a) Landfills that receive only hazardous waste, or are currently regulated under the compreh... |
70A.540.030 | Waste in place report—Calculation of landfill gas heat input capacity. | (1) Each owner or operator of an active municipal solid waste landfill having fewer than 450,000 tons of waste in place must submit an annual waste in place report to the department or local authority pursuant to RCW 70A.540.070 . (a) The waste in place report must be prepared for the period of January 1st through Dece... |
70A.540.040 | Gas collection and control system. | (1) The owner or operator of any municipal solid waste landfill that has a calculated landfill gas heat input capacity greater than or equal to 3,000,000 British thermal units per hour recovered must install a gas collection and control system that meets the requirements of this section and the department's implementin... |
70A.540.050 | Methane concentration limits. | (1) Except as provided in RCW 70A.540.040 , beginning January 1st of the year following the year in which the department adopts rules to implement this chapter, or upon commencing operation of a newly installed gas collection and control system or modification of an existing gas collection and control system pursuant t... |
70A.540.060 | Monitoring. | (1) The owner or operator of a municipal solid waste landfill with a gas collection and control system must conduct instantaneous or integrated surface monitoring of the landfill surface according to the requirements specified in implementing rules adopted by the department pursuant to RCW 70A.540.020 . (2) The owner o... |
70A.540.070 | Records and reporting requirements. | (1) The owner or operator of a municipal solid waste landfill must maintain records and prepare reports as prescribed in this section and in the department's implementing rules adopted pursuant to RCW 70A.540.020 . (2) The owner or operator of a municipal solid waste landfill must maintain records related to monitoring... |
70A.540.080 | Measurements—Test methods. | (1) Any instrument used for the measurement of methane must be a hydrocarbon detector or other equivalent instrument approved by the department or local authority based on standards adopted by the department that address calibration, specifications, and performance criteria. (2) The determination of landfill gas heat i... |
70A.540.090 | Gas collection and control system—Capping or removal. | (1) The department or local authority must allow the capping or removal of the gas collection and control system at a closed municipal solid waste landfill, provided the following three requirements are met: (a) The gas collection and control system was in operation for at least 15 years, unless the owner or operator d... |
70A.540.100 | Alternative compliance measures. | (1) The owner or operator of a municipal solid waste landfill may request alternatives to the compliance measures, monitoring requirements, and test methods and procedures set forth in RCW 70A.540.040 , 70A.540.060 , and 70A.540.080 , and the department's implementing rules adopted pursuant to RCW 70A.540.020 . Any alt... |
70A.540.110 | Applicability criteria specified in RCW70A.540.020—Request for demonstration. | The department or local authority may request that any owner or operator of a municipal solid waste landfill demonstrate that a landfill does not meet the applicability criteria specified in RCW 70A.540.020 . Such a demonstration must be submitted to the department or local authority within 90 days of a written request... |
70A.540.120 | Violation of chapter—Civil penalty. | Any person who violates this chapter or any rules that implement this chapter may incur a civil penalty pursuant to RCW 70A.15.3160 . The department shall waive penalties in the event the owner or operator of the landfill is actively taking corrective actions to control any methane exceedances. Penalties collected unde... |
70A.540.130 | Fees—Assessment and collection. | *** CHANGE IN 2026 *** (SEE 6151.SL ) ***
The department and local authorities may assess and collect such fees as may be necessary to recover the direct and indirect costs associated with the implementation of this chapter.
[ 2022 c 179 s 13 .] |
70A.545.005 | Purpose of chapter.(Expires July 1, 2030.) | The purpose of this chapter is to create a state financial assurance program that adequately protects public health and safety and the environment from impacts due to petroleum underground storage tank system releases and meets the federal requirements for financial assurance so that a petroleum release will be appropr... |
70A.545.010 | Definitions.(Expires July 1, 2030.) | The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Agency" means the pollution liability insurance agency. (2) "Annual aggregate" means the maximum amount of money the program will pay for all of an owner's or operator's eligible costs associated with a pet... |
70A.545.020 | State financial assurance program.(Expires July 1, 2030.) | (1) The agency must establish and administer a state financial assurance program for owners and operators of petroleum underground storage tanks that meets the financial responsibility requirements established under chapter 70A.355 RCW. (2) To participate in the program, an owner or operator must register a petroleum u... |
70A.545.030 | Fee to recover cost of program administration.(Expires July 1, 2030.) | The agency must by rule establish a fee to recover from owners and operators of registered petroleum underground storage tanks the cost of administering the program. The fee may be collected on an annual basis and may not exceed $25,000 per petroleum underground storage tank per year.
[ 2023 c 170 s 4 .] |
70A.545.040 | Return of payments to agency.(Expires July 1, 2030.) | (1) The agency may require an owner or operator to return any cost overpayment made by the agency under this chapter. If the cost overpayment is not returned upon request by the agency: (a) The agency may file a lien on the petroleum underground storage tank facility or other property owned by the owner or operator und... |
70A.545.050 | Remedial actions—Required conditions.(Expires July 1, 2030.) | (1) The agency may conduct remedial actions to investigate or clean up a release from a petroleum underground storage tank registered under the state financial assurance program if the following conditions are met: (a) The owner or operator has received, or is eligible to receive, funding for remedial actions under the... |
70A.545.060 | Remedial actions on unregistered storage tanks—Required conditions.(Expires July 1, 2030.) | (1) The agency may conduct remedial actions to investigate or clean up a release from a petroleum underground storage tank, even if the petroleum underground storage tank is not registered under the state financial assurance program, if the following conditions are met: (a) The release occurs in an area of risk for dri... |
70A.545.070 | Liens authorized—Process.(Expires July 1, 2030.) | (1) The agency may file a lien against the petroleum underground storage tank facility where the petroleum underground storage tank is located or property owned by the owner or operator of the petroleum underground storage tank if the agency incurs remedial action costs under RCW 70A.545.060 or demands repayment of cos... |
70A.545.080 | Deposit of moneys into the pollution liability insurance program trust account.(Expires July 1, 2030.) | (1) The following moneys must be deposited into the pollution liability insurance program trust account created in RCW 70A.325.020 : (a) All moneys appropriated by the legislature to pay for the agency's operating costs to carry out the purposes of this chapter; (b) All fees or contributions collected from owners or op... |
70A.545.090 | Agency's duty to monitor program.(Expires July 1, 2030.) | (1) The agency must monitor the performance of the state financial assurance program and, after the end of each biennium, publish a financial report on the program showing administrative and other expenses paid from the program. (2) For each calendar quarter, the agency must determine the loss and surplus reserves requ... |
70A.545.100 | Rule-making authority—Agency—Department of ecology.(Expires July 1, 2030.) | (1) The agency must adopt rules under chapter 34.05 RCW as necessary to carry out the provisions of this chapter. To accelerate remedial actions, the agency may implement the program through interpretative guidance pending adoption of rules. (2) The department of ecology must adopt rules under chapter 34.05 RCW to enab... |
70A.545.110 | Review of agency decisions.(Expires July 1, 2030.) | (1) A person may request a review by the director of the following agency decisions by submitting a written request, specifying the basis for the review, in accordance with procedures established by the agency: (a) A denial of program eligibility; (b) A denial of eligibility for payment under the program; (c) Amount of... |
70A.545.120 | Limitation of liability/responsibility.(Expires July 1, 2030.) | (1) Nothing in this chapter establishes or creates any liability or responsibility on the part of the agency or the state as administrators of the program to pay any costs for remedial actions or third-party claims from any source other than the pollution liability insurance program trust account. (2) The agency and th... |
70A.545.130 | Immunity from civil liability.(Expires July 1, 2030.) | Officers, employees, and authorized representatives of the agency 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.
[ 2023 c 170 s 14 .] |
70A.545.140 | Limit of chapter's authority.(Expires July 1, 2030.) | (1) Nothing in this chapter limits the authority of the department of ecology under chapter 70A.305 RCW. (2) Nothing in this chapter affects or modifies the obligations or liability of any person under any other state or federal law. (3) The agency is authorized to recover the costs of remedial actions conducted by the... |
70A.545.900 | Expiration of chapter. | This chapter expires July 1, 2030.
[ 2023 c 170 s 16 .] |
70A.550.010 | Definitions. | The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Aircraft detection lighting system" means a sensor-based system that: (a) Is designed to detect approaching aircraft; (b) Automatically activates appropriate obstruction lights until the lights are no longe... |
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