Revised Code of Washington - RCW Title 70 Public Health And Safety - Chapter 70.105 Hazardous Waste Management

70.105.005 Legislative declaration
The legislature hereby finds and declares: (1) The health and welfare of the people of the state depend on clean and pure environmental resources unaffected ...
70.105.007 Purpose
The purpose of this chapter is to establish a comprehensive statewide framework for the planning, regulation, control, and management of hazardous waste which will prevent ...
70.105.010 Definitions
The words and phrases defined in this section shall have the meanings indicated when used in this chapter unless the context clearly requires otherwise. (1) ...
70.105.020 Standards and regulations -- Adoption -- Notice and hearing -- Consultation with other agencies
The department after notice and public hearing shall: (1) Adopt regulations designating as extremely hazardous wastes subject to the provisions of this chapter those substances ...
70.105.025 Environmental excellence program agreements -- Effect on chapter
Notwithstanding any other provision of law, any legal requirement under this chapter, including any standard, limitation, rule, or order is superseded and replaced in accordance ...
70.105.030 List and information to be furnished by depositor of hazardous waste -- Rules and regulations
(1) After the effective date of the regulations adopted by the department designating extremely hazardous wastes, any person planning to dispose of extremely hazardous waste ...
70.105.035 Solid wastes -- Conditionally exempt from chapter
Solid wastes that designate as dangerous waste or extremely hazardous waste but do not designate as hazardous waste under federal law are conditionally exempt from ...
70.105.040 Disposal site or facility -- Acquisition -- Disposal fee schedule
(1) The department through the department of general administration, is authorized to acquire interests in real property from the federal government on the Hanford Reservation ...
70.105.050 Disposal at other than approved site prohibited -- Disposal of radioactive wastes
(1) No person shall dispose of designated extremely hazardous wastes at any disposal site in the state other than the disposal site established and approved ...
70.105.060 Review of rules, regulations, criteria and fee schedules
All rules, regulations, criteria, and fee schedules adopted by the department to implement the provisions of this chapter shall be reviewed by the solid waste ...
70.105.070 Criteria for receiving waste at disposal site
The department may elect to receive dangerous waste at the site provided under this chapter, provided (1) it is upon request of the owner, producer, ...
70.105.080 Violations -- Civil penalties
(1) Except as provided in RCW 43.05.060 through 43.05.080 and 43.05.150, every person who fails to comply with any provision of this chapter or of ...
70.105.085 Violations -- Criminal penalties
(1) Any person who knowingly transports, treats, stores, handles, disposes of, or exports a hazardous substance in violation of this chapter is guilty of: (a) ...
70.105.090 Violations -- Gross misdemeanor
In addition to the penalties imposed pursuant to RCW 70.105.080, any person who violates any provisions of this chapter, or of the rules implementing this ...
70.105.095 Violations -- Orders -- Penalty for noncompliance -- Appeal
(1) Whenever on the basis on any information the department determines that a person has violated or is about to violate any provision of this ...
70.105.097 Action for damages resulting from violation -- Attorneys' fees
A person injured as a result of a violation of this chapter or the rules adopted thereunder may bring an action in superior court for ...
70.105.100 Powers and duties of department
The department in performing its duties under this chapter may: (1) Conduct studies and coordinate research programs pertaining to extremely hazardous waste management; (2) Render ...
70.105.105 Duty of department to regulate PCB waste
The department of ecology shall regulate under chapter 70.105 RCW, wastes generated from the salvaging, rebuilding, or discarding of transformers or capacitors that have been ...
70.105.109 Regulation of wastes with radioactive and hazardous components
The department of ecology may regulate all hazardous wastes, including those composed of both radioactive and hazardous components, to the extent it is not preempted ...
70.105.110 Regulation of dangerous wastes associated with energy facilities
(1) Nothing in this chapter shall alter, amend, or supersede the provisions of chapter 80.50 RCW, except that, notwithstanding any provision of chapter 80.50 RCW, ...
70.105.111 Radioactive wastes -- Authority of department of social and health services
Nothing in this chapter diminishes the authority of the department of social and health services to regulate the radioactive portion of mixed wastes pursuant to ...
70.105.112 Application of chapter to special incinerator ash
This chapter does not apply to special incinerator ash regulated under chapter 70.138 RCW except that, for purposes of RCW 4.22.070(3)(a), special incinerator ash shall ...
70.105.116 Hazardous substance remedial actions -- Procedural requirements not applicable
The procedural requirements of this chapter shall not apply to any person conducting a remedial action at a facility pursuant to a consent decree, order, ...
70.105.120 Authority of attorney general
At the request of the department, the attorney general is authorized to bring such injunctive, declaratory, or other actions to enforce any requirement of this ...
70.105.130 Department's powers as designated agency under federal act
(1) The department is designated as the state agency for implementing the federal resource conservation and recovery act (42 U.S.C. Sec. 6901 et seq.). (2) ...
70.105.135 Copies of notification forms or annual reports to officials responsible for fire protection
Any person who generates, treats, stores, disposes, or otherwise handles dangerous or extremely hazardous wastes shall provide copies of any notification forms, or annual reports ...
70.105.140 Rules implemented under RCW 70.105.130 -- Review
Rules implementing RCW 70.105.130 shall be submitted to the house and senate committees on ecology for review prior to being adopted in accordance with chapter ...
70.105.145 Department's authority to participate in and administer federal act
Notwithstanding any other provision of chapter 70.105 RCW, the department of ecology is empowered to participate fully in and is empowered to administer all aspects ...
70.105.150 Declaration -- Management of hazardous waste -- Priorities -- Definitions
The legislature hereby declares that: (1) The health and welfare of the people of the state depend on clean and pure environmental resources unaffected by ...
70.105.160 Waste management study -- Public hearings -- Adoption or modification of rules
The department shall conduct a study to determine the best management practices for categories of waste for the priority waste management methods established in RCW ...
70.105.165 Disposal of dangerous wastes at commercial off-site land disposal facilities -- Limitations
(1) Independent of the processing or issuance of any or all federal, state, and local permits for disposal of dangerous wastes, no disposal of dangerous ...
70.105.170 Waste management -- Consultative services -- Technical assistance -- Confidentiality
Consistent with the purposes of RCW 70.105.150 and 70.105.160, the department is authorized to promote the priority waste management methods listed in RCW 70.105.150 by ...
70.105.180 Disposition of fines and penalties -- Earnings
All fines and penalties collected under this chapter shall be deposited in the hazardous waste control and elimination account, which is hereby created in the ...
70.105.200 Hazardous waste management plan
(1) The department shall develop, and shall update at least once every five years, a state hazardous waste management plan. The plan shall include, but ...
70.105.210 Hazardous waste management facilities -- Department to develop criteria for siting
By May 31, 1990, the department shall develop and adopt criteria for the siting of hazardous waste management facilities. These criteria will be part of ...
70.105.215 Department to adopt rules for permits for hazardous substances treatment facilities
The legislature recognizes the need for new, modified, or expanded facilities to treat, incinerate, or otherwise process or dispose of hazardous substances safely. In order ...
70.105.217 Local government regulatory authority to prohibit or condition
Nothing in this chapter shall alter or affect the regulatory authority of a county, city, or jurisdictional health district to condition or prohibit the acceptance ...
70.105.220 Local governments to prepare local hazardous waste plans -- Basis -- Elements required
(1) Each local government, or combination of contiguous local governments, is directed to prepare a local hazardous waste plan which shall be based on state ...
70.105.221 Local governments to prepare local hazardous waste plans -- Used oil recycling element
Local governments and combinations of local governments shall amend their local hazardous waste plans required under RCW 70.105.220 to comply with RCW 70.95I.020.[1991 c 319 ...
70.105.225 Local governments to designate zones -- Departmental guidelines -- Approval of local government zone designations or amendments -- Exemption
(1) Each local government, or combination of contiguous local governments, is directed to: (a) Demonstrate to the satisfaction of the department that existing zoning allows ...
70.105.230 Local governments to submit letter of intent to identify or designate zones and submit management plans -- Department to prepare plan in event of failure to act
(1) Each local government is directed to submit to the director of the department by October 31, 1987, a letter of intent stating that it ...
70.105.235 Grants to local governments for plan preparation, implementation, and designation of zones -- Matching funds -- Qualifications
(1) Subject to legislative appropriations, the department may make and administer grants to local governments for (a) preparing and updating local hazardous waste plans, (b) ...
70.105.240 State preemption -- Department sole authority -- Local requirements superseded -- State authority over designated zone facilities
(1) As of July 28, 1985, the state preempts the field of state, regional, or local permitting and regulating of all preempted facilities as defined ...
70.105.245 Department may require notice of intent for management facility permit
The department may adopt rules to require any person who intends to file an application for a permit for a hazardous waste management facility to ...
70.105.250 Appeals to pollution control hearings board
Any disputes between the department and the governing bodies of local governments in regard to the local planning requirements under RCW 70.105.220 and the designation ...
70.105.255 Department to provide technical assistance with local plans
The department shall provide technical assistance to local governments in the preparation, review, revision, and implementation of local hazardous waste plans.[1985 c 448 § 13.]Notes: ...
70.105.260 Department to assist conflict resolution activities related to siting facilities -- Agreements may constitute conditions for permit
(1) In order to promote identification, discussion, negotiation, and resolution of issues related to siting of hazardous waste management facilities, the department: (a) Shall compile ...
70.105.270 Requirements of RCW 70.105.200 through 70.105.230 and 70.105.240(4) not mandatory without legislative appropriation
The requirements of RCW 70.105.200 through 70.105.230 and 70.105.240(4) shall not become mandatory until funding is appropriated by the legislature.[1985 c 448 § 15.]Notes: Severability ...
70.105.280 Service charges
(1) The department may assess reasonable service charges against those facilities that store, treat, incinerate, or dispose of dangerous or extremely hazardous waste that contains ...
70.105.300 Metals mining and milling operations permits -- Inspections by department of ecology
If a metals mining and milling operation is issued a permit pursuant to this chapter, then it will be subject to special inspection requirements. The ...
70.105.900 Short title -- 1985 c 448
This chapter shall be known and may be cited as the hazardous waste management act.[1985 c 448 § 16.]Notes: Severability -- 1985 c 448: See ...

Last modified: April 7, 2009