Washington Administrative Code

(1) Purpose. The purpose of oversight remedial action grants is to provide funding to local governments that investigate and clean up hazardous waste sites under an order or decree. The grants are intended to encourage and expedite remedial action and to lessen the impact of the …

(1) Purpose. The purpose of oversight remedial action loans is to supplement local government funding and funding from other sources to meet the recipient share requirements for oversight remedial action grants under WAC 173-322A-320. The loans are intended to encourage and exped…

(1) Purpose. The purpose of independent remedial action grants is to provide funding to local governments that investigate and clean up hazardous waste sites independently under the voluntary cleanup program. The grants are intended to encourage and expedite independent remedial …

(1) Purpose. The purpose of area-wide groundwater investigation grants is to provide funding to local governments that investigate known or suspected areas of area-wide groundwater contamination. The investigations are intended to facilitate the cleanup and redevelopment of prope…

(1) Purpose. The purpose of safe drinking water action grants is to assist local governments, or a local government applying on behalf of a purveyor, in providing safe drinking water to areas contaminated by, or threatened by contamination from, hazardous waste sites.(2) Project …

(1) This chapter only applies to grants and loans issued by ecology that are funded under chapter 70.105D RCW, Hazardous waste cleanup—Model Toxics Control Act (MTCA), and that are not regulated by another chapter of the WAC that provides requirements for a specific grant or loan…

Agreement effective date means the date on which the grant or loan agreement becomes effective, as specified in the grant or loan agreement. This is the earliest date eligible costs can be incurred.Agreement expiration date means the latest date eligible costs can be incurred, as…

Competitive and formula grants and loans(1) Ecology must announce the availability of funding opportunities for competitive and formula grants and loans. The announcement must include, at a minimum, a description of:(a) Purpose of the grant or loan.(b) Funding cycle for the grant…

(1) All applicants must use the electronic system identified by ecology to apply for grants and loans. Applicants without access to the electronic system must use a process approved by ecology.(2) The applicant must complete the application process and provide all required inform…

(1) Ecology reviews and evaluates applications to determine eligibility and funding.(2) Ecology determines project funding based on a grant or loan program evaluation process.(3) Ecology evaluates all applications submitted within all required deadlines.Competitive and formula gr…

(1) Ecology must award grants and loans:(a) Consistent with all federal and state laws and rules authorizing the funding and any specific direction by the legislature.(b) Subject to available funds.(c) Based on evaluations of grant or loan applications submitted.(2) Ecology has d…

(1) Ecology works with the recipient to prepare the grant or loan agreement. (2) A grant or loan agreement issued and managed in ecology's electronic system must include, at a minimum:(a) Project description.(b) Expected outcomes.(c) Project budget and funding distribution.(d) Ag…

(1) A change to any of the following items requires an amendment to the agreement:(a) Scope of work or the objectives of the project.(b) Budget, whether for an increase or decrease.(c) Funding, whether for an increase or decrease.(d) Redistributing costs among budget tasks that e…

General provisions(1) Nothing in this chapter influences, affects, or modifies existing ecology programs, rules, or enforcement of applicable laws and rules relating to activities funded by a grant or loan.(2) Ecology and the recipient must fulfill their obligations under the ter…

(1) Ecology will only reimburse eligible costs incurred between the effective date and the expiration date of an agreement.(a) Ecology will not reimburse costs until on or after the signature date of an agreement.(b) Any costs incurred before the signature date are at the recipie…

(1) The recipient must follow the closeout requirements in the agreement.(2) Ecology is not obligated to reimburse the recipient the final payment if the recipient does not meet all closeout requirements within the time frames in the agreement.(3) Ecology will close out the grant…

(1) Failure by the recipient to comply with a grant or loan agreement may result in termination of the agreement.(2) Ecology will attempt to contact the recipient regarding any issues with agreement compliance prior to terminating an agreement.(3) Ecology's ability to make paymen…

(1) The purpose of this chapter is to implement the provisions of RCW 70.105.280, by establishing a means for the department of ecology to assess reasonable mixed waste management fees against facilities that treat, store, or dispose of mixed waste and against mixed waste facilit…

This chapter applies to any person who owns or operates a facility that treats, stores, or disposes of mixed waste. This also applies to mixed waste facilities undergoing closure under chapter 70.105 RCW. This chapter does not apply to facilities managing only low-level radioacti…

(1) The following terms are used and shall have meanings as defined in chapter 70.105 RCW or WAC 173-303-040 as amended:(a) Closure;(b) Dangerous waste;(c) Department;(d) Disposal;(e) Facility;(f) Operator;(g) Permit;(h) Storage; and(i) Treatment.(2) When used in this chapter, th…

The department shall, on a biennial basis, determine all reasonable program costs necessary to carry out the department's duties under chapter 173-303 WAC for each mixed waste facility. The fee may be assessed at a mixed waste facility for the department's regulation of both mixe…

Fee review process.(1) On or before July 1st of even-numbered calendar years, the department shall notify, by registered mail, each facility owner/operator of its biennial estimated fee assessment and provide the opportunity to review and comment prior to submittal of the departm…

(1) After legislative approval of a budget for the department, the department may bill the facility owner/operator the required fees necessary to fund all mixed waste management costs.(2) Anticipated fees. Anticipated fees include, but are not limited to, costs for permit issuanc…

(1) The owner/operator of a facility who is assessed a fee under this chapter may appeal the fee to the department. The appeal must be received by the department within thirty days after the facility owner/operator's receipt of the bill. Any appeal shall state the name and addres…

The department of ecology has been authorized under RCW 70.95.670 to implement and enforce a vehicle battery recycling program. The purpose of this chapter is to establish procedures for implementation and enforcement of RCW 70.95.610 through 70.95.660, which is designed to accom…

The following words, terms, and phrases shall, for the purposes of this chapter, have the meanings given below:(1) The terms wholesale and retail shall have the same meanings provided in Title 82 RCW, Excise taxes. For example, wholesale refers to the sale of vehicle batteries to…

(1) This section refers to the notices required by RCW 70.95.630(2).(2) All required notices must be posted in the main vehicle battery display area or other area clearly visible to battery purchasers. Notices must be posted no lower than four feet and no higher than seven feet, …

A retailer is not required to apply a core charge to a battery sale when the buyer submits verifiable proof that the battery is needed for an original battery installation. Verifiable proof shall consist of a voucher issued by the seller of the vehicle or device containing the fo…

(1) A purchaser must provide a used battery in a fully-capped, unbroken condition to qualify for waiver of the core charge. A retailer may refuse to accept a broken or uncapped battery, or may condition acceptance upon provision of a leak proof, acid resistant container, such as …

(1) This section refers to the suspension order required by RCW 70.95.650(3).(2) When the department deems it necessary, the department shall determine the market price paid for used lead batteries by contacting agents of the secondary smelters historically used to process used v…

(1) This section refers to RCW 70.95.610(1).(2) Beginning May 1, 1991, any person who collects used vehicle batteries nonincidental to accepting exchanges during sale of new batteries, excluding local governments with approved local hazardous waste plans pursuant to RCW 70.105.22…

(1) Consistent with RCW 70.95.280, persons who collect used vehicle batteries in Washington state and recondition them, reclaim them, or arrange transport of the used batteries to out-of-state locations shall report annually to the department quantities of batteries collected and…

Nothing in this chapter shall exempt wholesalers, retailers, or used battery collectors from the sections pertaining to lead-acid battery handling in the state's dangerous waste regulations, chapter 173-303 WAC, including WAC 173-303-050 (Department of ecology cleanup authority),…

If any provision of this chapter or its application to any person is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances is not affected.Note:Copies of RCW 70.95.280 and 70.95.610 through 70.95.670, WAC 173-303-050, 173…

Persistent, bioaccumulative toxins (PBTs) are chemicals that pose a unique threat to human health and the environment in Washington state. They remain in the environment for long periods of time, are hazardous to the health of humans and wildlife, can build up in the food chain, …

The purpose of this chapter is to:(1) Establish criteria ecology will use to identify persistent bioaccumulative toxins that pose human health or environmental threats in Washington state;(2) Establish a list of persistent bioaccumulative toxins;(3) Establish procedures ecology w…

(1) This chapter applies to the department of ecology (ecology). This chapter does not impose new requirements on persons using or releasing PBTs, and it does not create new authorities nor does it constrain existing authorities for ecology.(2) This chapter provides for public in…

Any pesticide with a currently valid registration that has been issued by the Environmental Protection Agency under the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. 136 et seq., or any fertilizer regulated under the Washington Fertilizer Act, chapter 15.54 RCW, wi…

(1) Scientific information. Ecology will base decisions on PBTs on sound public policy and credible scientific information. However, ecology believes that lack of full scientific consensus should not be used as a justification for delaying reasonable measures to prevent harm to h…

For the purposes of this chapter, the following definitions shall apply:"Administrative Procedure Act" or "APA" means the Washington Administrative Procedure Act, chapter 34.05 RCW."Bioaccumulation" means the process by which substances increase in concentration in living organis…

(1) Purpose. The purpose of the PBT list is to identify toxic chemicals that require further action because they remain ("persist") in the environment for long periods of time where they can bioaccumulate to levels that pose threats to human health and environment in Washington.(…

(1) Purpose. This section identifies the chemicals and chemical groups that ecology has determined meet the criteria specified in WAC 173-333-320.(2) PBT list. Ecology has determined that the following chemicals or chemical groups meet the criteria specified in WAC 173-333-320.Ch…

(1) Purpose. The purpose of this section is to identify metals of concern to be addressed under this chapter. The metals of concern category was established as an interim category pending completion of EPA's inorganic metals assessment framework process.(2) Metals of concern. Eco…

(1) Purpose. This section describes the criteria that ecology will use to determine whether a chemical or group of chemicals should be included on the PBT list.(2) Criteria for identifying PBTs. A chemical or group of chemicals will be included on the PBT list if ecology determin…

(1) Purpose. This section describes the criteria and factors ecology will use to determine whether a chemical or group of chemicals should be removed from the PBT list.(2) Criteria for removing a chemical from the PBT list. Ecology will remove a chemical or chemical group from th…

(1) Purpose. This section describes the processes ecology will use to notify the public and amend the PBT list after making a determination that chemicals or groups of chemicals should be added or removed from the PBT list.(2) Reviewing and updating the PBT list. Ecology will per…

(1) A chemical action plan (CAP) is a plan that identifies, characterizes and evaluates uses and releases of a specific PBT, a group of PBTs or metals of concern and recommends actions to protect human health or the environment.(2) For the purposes of this section, the term PBT r…

(1) Purpose. Ecology will consult with the department of health to develop a multiyear schedule for the preparation of chemical action plans. The purpose of this section is to describe the evaluation factors and processes ecology will use to prepare and update the multiyear sched…

(1) Contents of the chemical action plans. Chemical action plans will include, as appropriate, the following types of information, evaluations and recommendations:(a) General chemical information. General information includes, but is not limited to, chemical name, properties, use…

(1) Purpose. The purpose of this section is to identify the process ecology will use to develop CAPs.(2) Workplan/scoping. Once a chemical is selected for CAP development, ecology will initially plan and scope the CAP of the selected chemical based upon available information rega…