Revised Code of Washington - RCW Title 90 Water Rights -- Environment - Chapter 90.56 Oil And Hazardous Substance Spill Prevention And Response

90.56.005 Findings -- Purpose
(1) The legislature declares that water borne transportation as a source of supply for oil and hazardous substances poses special concern for the state of ...

90.56.010 Definitions
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Best achievable protection" means the highest level of protection ...

90.56.020 Director responsible for spill response
Except as otherwise specifically provided in this chapter or other law, the director has the primary authority, in conformance with the statewide master oil and ...

90.56.030 Powers and duties
The powers, duties, and functions conferred by this chapter shall be exercised by the department of ecology and shall be deemed an essential government function ...

90.56.040 Authority supplemental
This chapter grants authority to the department which is supplemental to and in no way reduces or otherwise modifies the powers granted to the department ...

90.56.050 Rules
The department may adopt rules including but not limited to the following matters: (1) Procedures and methods of reporting discharges and other occurrences prohibited by ...

90.56.060 Statewide master oil and hazardous substance spill prevention and contingency plan--Evaluation and revision or elimination of advisory committees
(1) The department shall prepare and annually update a statewide master oil and hazardous substance spill prevention and contingency plan. In preparing the plan, the ...

90.56.070 Coordination with federal law
In carrying out the purposes of this chapter, including the adoption of rules for contingency plans, the department shall to the greatest extent practicable implement ...

90.56.080 Hazardous substances incident response training and education program
The division of fire protection services shall establish and manage the Washington oil and hazardous substances incident response training and education program to provide approved ...

90.56.100 Washington wildlife rescue coalition
(1) The Washington wildlife rescue coalition is established for the purpose of coordinating the rescue and rehabilitation of wildlife injured or endangered by oil spills ...

90.56.110 Rehabilitation of wildlife -- Rules
The department of fish and wildlife may adopt rules including, but not limited to, the following: (1) Procedures and methods of handling and caring for ...

90.56.120 Oil spill advisory council--Meetings--Travel expenses and compensation
(1)(a) There is established in the office of the governor the oil spill advisory council. (b) The primary purpose of the council is to maintain ...

90.56.130 Council--Duties--Work plan--Reports
(1) The duties of the council include: (a) Selection and hiring of professional staff and expert consultants to support the work of the council; (b) ...

90.56.200 Prevention plans
(1) The owner or operator for each onshore and offshore facility shall prepare and submit to the department an oil spill prevention plan in conformance ...

90.56.210 Contingency plans
(1) Each onshore and offshore facility shall have a contingency plan for the containment and cleanup of oil spills from the facility into the waters ...

90.56.220 Facility operation standards
(1) The department by rule shall adopt standards for onshore and offshore facilities regarding the equipment and operation of the facilities with respect to the ...

90.56.230 Operations manuals
(1) Each owner or operator of an onshore or offshore facility shall prepare an operations manual describing equipment and procedures involving the transfer, storage, and ...

90.56.240 Standards for cleanup and containment services contractors
The department shall by rule establish standards for persons who contract to provide cleanup and containment services under contingency plans approved under RCW 90.56.210.[1990 c ...

90.56.250 Index of prevention plans and contingency plans -- Equipment inventory
The department shall annually publish an index of available, up-to-date descriptions of prevention plans and contingency plans for oil spills submitted and approved pursuant to ...

90.56.260 Adequacy of contingency plans -- Practice drills -- Report
The department shall by rule adopt procedures to determine the adequacy of contingency plans approved under RCW 90.56.210. The rules shall require random practice drills ...

90.56.270 Enforcement of contingency plans
(1) The provisions of contingency plans approved by the department under RCW 90.56.210 and prevention plans approved by the department pursuant to RCW 90.56.200 shall ...

90.56.280 Duty to notify coast guard and division of emergency management of discharge
It shall be the duty of any person discharging oil or hazardous substances or otherwise causing, permitting, or allowing the same to enter the waters ...

90.56.300 Unlawful operation of facility -- Criminal penalties
(1) Except as provided in subsection (3) of this section, it shall be unlawful for the owner or operator to knowingly and intentionally operate in ...

90.56.310 Operation of a facility or vessel without contingency or prevention plan or financial responsibility -- Civil penalty
(1) Except as provided in subsection (3) of this section, it shall be unlawful: (a) For the owner or operator to operate an onshore or ...

90.56.320 Unlawful for oil to enter waters -- Exceptions
It shall be unlawful, except under the circumstances hereafter described in this section, for oil to enter the waters of the state from any ship ...

90.56.330 Additional penalties
Except as otherwise provided in RCW 90.56.390, any person who negligently discharges oil, or causes or permits the entry of the same, shall incur, in ...

90.56.335 Vessel response account -- Dedicated rescue tug
The vessel response account is created in the state treasury. Grants, gifts, and federal funds may be deposited into the account. Oil spill penalties assessed ...

90.56.340 Duty to remove oil
It shall be the obligation of any person owning or having control over oil entering waters of the state in violation of RCW 90.56.320 to ...

90.56.350 Investigation, removal, containment, treatment, or dispersal of oil and hazardous substances -- Record of expenses
The department shall take all actions necessary to respond to a substantial threat of a discharge of oil or hazardous substances into the waters of ...

90.56.360 Liability for expenses
Any person who unlawfully discharges oil or hazardous substances into the waters of the state or who poses a substantial threat of discharging oil or ...

90.56.370 Strict liability of owner or controller of oil -- Exceptions
(1) Any person owning oil or having control over oil that enters the waters of the state in violation of RCW 90.56.320 shall be strictly ...

90.56.380 Liability of others for cleanup expenses
In addition to any cause of action the state may have to recover necessary expenses for the cleanup of oil pursuant to RCW 90.56.340 and ...

90.56.390 Liability for removal costs
(1)(a) A person is not liable for removal costs or damages that result from actions taken or omitted to be taken in the course of ...

90.56.400 Department investigation of circumstances of entry of oil -- Order for reimbursement of expenses -- Modification -- Action to recover necessary expenses
The department shall investigate each activity or project conducted under RCW 90.56.350 to determine, if possible, the circumstances surrounding the entry of oil into waters ...

90.56.410 Right of entry and access to records pertinent to investigations
The department, through its duly authorized representatives, shall have the power to enter upon any private or public property, including the boarding of any ship, ...

90.56.420 Authorized discharges of oil -- Permits
Any person who proposes to discharge oil or cause or permit the entry of same into waters of the state shall prior to such discharge ...

90.56.500 Oil spill response account
*** CHANGE IN 2009 *** (SEE 5344-S.SL) *** The state oil spill response account is created in the state treasury. All receipts from RCW 82.23B.020(1) ...

90.56.510 Oil spill prevention account
(1) The oil spill prevention account is created in the state treasury. All receipts from RCW 82.23B.020(2) shall be deposited in the account. Moneys from ...

90.56.530 Reckless operation of a tank vessel -- Penalty
(1) A person commits the crime of reckless operation of a tank vessel if, while (a) navigating a tank vessel, (b) piloting a tank vessel, ...

90.56.540 Operation of a vessel while under influence of liquor or drugs -- Penalty
(1) A person is guilty of operating a vessel while under the influence of intoxicating liquor or drugs if the person operates a covered vessel ...

90.56.550 Breath or blood analysis
(1) Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by a person while ...

90.56.560 Limited immunity for blood withdrawal
No physician, registered nurse, qualified technician, or hospital, or duly licensed clinical laboratory employing or using services of the physician, registered nurse, or qualified technician, ...

90.56.900 Construction -- Appeal not to stay order, rule, or regulation
This chapter, being necessary for the general welfare, the public health, and the public safety of the state and its inhabitants, shall be liberally construed ...

90.56.901 Effective dates -- 1991 c 200
(1) Sections 101 through 429, 501 through 706, 805 through 807, 810 through 817, and 901 through 1118 of this act are necessary for the ...

90.56.902 Captions not law
Section headings and part headings as used in this chapter shall constitute no part of the law.[1991 c 200 § 1113.] ...

90.56.904 Severability -- 1991 c 200
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 ...

90.56.905 Severability -- 1992 c 73
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 ...