Washington Administrative Code

(1) Purpose. The purpose of the feasibility study is to develop and evaluate cleanup action alternatives to enable the selection of a cleanup action that meets the requirements in WAC 173-340-360 and conforms, as appropriate, to the expectations in WAC 173-340-370.(2) Applicabili…

(1) Purpose. A cleanup action often relies on a combination of cleanup action components to remediate an environmental medium. For example, to remediate soil, a cleanup action may rely on treatment of some soil contamination and containment of the remainder. The purpose of a reme…

(1) Purpose. A cleanup action must protect human health and the environment, including likely vulnerable populations and overburdened communities (see WAC 173-340-360 (3)(a)(i)). A quantitative site-specific risk assessment may be conducted to help determine whether cleanup actio…

(1) Purpose. This section specifies requirements for cleanup actions and the procedures for determining whether a cleanup action alternative meets those requirements.(2) Applicability. A cleanup action at a contaminated site must comply with the requirements in this section, rega…

Ecology has the following expectations for cleanup actions. The expectations represent the likely results of the cleanup action selection process described in WAC 173-340-350 through 173-340-390. Ecology recognizes that conformance with the expectations may not be appropriate at …

(1) Purpose. The purpose of a cleanup action plan is to document the selected cleanup action and to specify the cleanup standards and other requirements the cleanup action must meet.(2) Applicability.(a) Whether required. A cleanup action must be selected and a cleanup action pla…

(1) Purpose. The purpose of model remedies is to streamline and accelerate the selection of a cleanup action for routine types of cleanup projects at sites with common features and lower risk to human health and the environment.(2) Development of model remedies. Ecology may estab…

(1) Purpose. Unless otherwise directed by the department, cleanup actions shall comply with this section except for emergencies or interim actions. The purpose of this section is to ensure that the cleanup action is designed, constructed, and operated in a manner that is consiste…

(1) Purpose. There are three types of compliance monitoring: Protection, performance, and confirmation monitoring. The purposes of these three types of compliance monitoring and evaluation of the data are to:(a) Protection monitoring. Confirm that human health and the environment…

(1) Purpose. A periodic review consists of a review by the department of post-cleanup site conditions and monitoring data to assure that human health and the environment are being protected.(2) Applicability. The department shall conduct periodic reviews of a site whenever the de…

(1) Purpose. An interim action is distinguished from a cleanup action in that an interim action only partially addresses the cleanup of a site. (Note: An interim action may constitute the cleanup action for a site if the interim action is subsequently shown to comply with WAC 173…

(1) Purpose. Institutional controls are measures undertaken to limit or prohibit activities that may interfere with the integrity of an interim action or cleanup action or that may result in exposure to hazardous substances at a site. Institutional controls may include:(a) Physic…

(1) Applicability.(a) Releases. This section applies only to underground storage tank (UST) systems regulated under chapter 173-360A WAC from which there has been a confirmed release of a regulated substance that may pose a threat to human health or the environment. Under chapter…

(1) Status letter. The department shall issue a potentially liable person status letter to any person it believes to be potentially liable as provided for in RCW 70A.305.020(26), unless an emergency requires otherwise. Persons will be notified when the department has credible evi…

At sites where ecology has determined remedial action is necessary under the state cleanup law, it is the responsibility of each and every liable person to conduct remedial action so that the sites are cleaned up well and expeditiously. This section provides an overview of the ad…

(1) Purpose. An independent remedial action is a remedial action conducted without department oversight or approval and not under an order, agreed order or consent decree. This section describes the procedures and requirements for independent remedial actions. See WAC 173-340-545…

(1) Procedures for consent decrees initiated by potentially liable persons. To request a consent decree a person shall submit a letter to the department and office of the attorney general via certified mail, return receipt requested, or by personal delivery.(a) Request. The lette…

(1) Purpose. Agreed orders may be used for all remedial actions. An agreed order means that the potentially liable person agrees to perform remedial actions at the site in accordance with the provisions of the agreed order and that the department will not take additional enforcem…

The department may issue an enforcement order requiring remedial action after issuing a notice of potentially liable person status letter under WAC 173-340-500. In emergencies, the notice of potentially liable person status may occur concurrently with the issuance of the order. U…

(1) Purpose. A private right of action is a legal claim authorized by RCW 70A.305.080 under which a person may recover costs of remedial action from other persons liable under the act. RCW 70A.305.080 limits recovery of remedial action costs to those remedial actions that, when e…

(1) Policy. RCW 70A.305.050(3) requires that the state seek to recover the amounts spent by the department for investigative and remedial actions and orders. It is the department's intention to recover those costs which are reasonably attributable to individual sites. Timing of c…

(1) Introduction. Under RCW 70A.305.190 (4)(a)(v), the department may provide public funds from the model toxics control capital account to a potentially liable person for the purpose of assisting with the payment of remedial action costs regardless of when incurred. This assista…

(1) Purpose. Public participation is an integral part of ecology's responsibilities under chapter 70A.305 RCW, the Model Toxics Control Act. Ecology's goal is to provide the public with timely information and meaningful opportunities for participation that are commensurate with e…

(1) Purpose. Tribal engagement is an integral part of ecology's responsibilities under chapter 70A.305 RCW, the Model Toxics Control Act. Ecology's goal is to provide Indian tribes with timely information, effective communication, continuous opportunities for collaboration and, w…

(1) Purpose. This section provides an overview of the methods for establishing cleanup standards that apply to a release or threatened release of a hazardous substance at a site. If there are any inconsistencies between this section and any specifically referenced section, the re…

(1) Purpose. This section defines the general policies and principles that shall be followed when establishing and implementing cleanup standards. This section shall be used in combination with other sections of this chapter.(2) Policy on expediting cleanups. Establishing cleanup…

(1) Purpose. When defining cleanup requirements at a site that is contaminated with a large number of hazardous substances, the department may eliminate from consideration those hazardous substances that contribute a small percentage of the overall threat to human health and the …

(1) Applicability. Method A may be used to establish cleanup levels at sites that have few hazardous substances and that meet one of the following criteria:(a) Sites undergoing a routine cleanup action as defined in WAC 173-340-200; or(b) Sites where numerical standards are avail…

(1) Applicability. Method B is applicable to all sites. It shall be used to develop cleanup levels unless one or more of the conditions for using Method A or Method C are demonstrated to exist and the person conducting the cleanup action elects to use that method.(2) Cleanup leve…

(1) Applicability. Method C cleanup levels represent concentrations that are protective of human health and the environment for specified site uses and conditions. A site (or portion of a site) that qualifies for a Method C cleanup level for one medium does not necessarily qualif…

(1) Analytical methods used to evaluate the effectiveness of a cleanup action shall comply with the requirements in WAC 173-340-830.(2) The department recognizes that there may be situations where a hazardous substance is not detected or is detected at a concentration below the p…

(1) Purpose. This section defines the risk assessment framework that shall be used to establish cleanup levels, and remediation levels using a quantitative risk assessment, under this chapter. As used in this section, cleanup levels and remediation levels means the human health r…

(1) Purpose. Sampling of hazardous substances in background areas may be conducted to distinguish site-related concentration from nonsite related concentrations of hazardous substances or to support the development of a Method C cleanup level under the provisions of WAC 173-340-7…

(1) Applicable state and federal laws.All cleanup actions conducted under this chapter shall comply with applicable state and federal laws. For purposes of this chapter, the term "applicable state and federal laws" shall include legally applicable requirements and those requireme…

(1) General considerations.(a) Groundwater cleanup levels shall be based on estimates of the highest beneficial use and the reasonable maximum exposure expected to occur under both current and potential future site use conditions. The department has determined that at most sites …

(1) General considerations.(a) Surface water cleanup levels shall be based on estimates of the highest beneficial use and the reasonable maximum exposure expected to occur under both current and potential future site use conditions. The classification and the highest beneficial u…

(1) General considerations.(a) Presumed exposure scenario soil cleanup levels shall be based on estimates of the reasonable maximum exposure expected to occur under both current and future site use conditions. The department has determined that residential land use is generally t…

(1) Applicability.(a) Criteria. This section shall be used to establish soil cleanup levels where the department has determined that industrial land use represents the reasonable maximum exposure. Soil cleanup levels for this presumed exposure scenario shall be established in acc…

(1) Purpose. The purpose of this section is to establish soil concentrations that will not cause contamination of groundwater at levels that exceed the groundwater cleanup levels established under WAC 173-340-720. Soil concentrations established under this section are used to est…

(1) Purpose.(a) WAC 173-340-7490 through 173-340-7494 define the goals and procedures the department will use for:(i) Determining whether a release of hazardous substances to soil may pose a threat to the terrestrial environment;(ii) Characterizing threats to terrestrial plants o…

(1) Criteria for determining that no further evaluation is required. No further evaluation is required if the department determines that a site meets any of the criteria in (a) through (d) of this subsection:(a) All soil contaminated with hazardous substances is, or will be, loca…

(1) Purpose.(a) The simplified terrestrial ecological evaluation process is intended to identify those sites which do not have a substantial potential for posing a threat of significant adverse effects to terrestrial ecological receptors, and thus may be removed from further ecol…

(1) Purpose.(a) This section sets forth the procedures for conducting a site-specific terrestrial ecological evaluation if any of the conditions specified in WAC 173-340-7491 (2)(a) apply to the site, or if the person conducting the evaluation elects to conduct a site-specific te…

When the department determines that such measures are necessary to protect the environment, the department may revise the hazardous substances and corresponding concentrations included in Table 749-2, subject to the following:(1) The data indicate a significant tendency of the ha…

(1) General considerations.(a) This section applies whenever it is necessary to establish air cleanup standards to determine if air emissions at a site pose a threat to human health or the environment. It applies to ambient (outdoor) air and air within any building, utility vault…

In addition to complying with the requirements in this chapter, sediment cleanup actions conducted under this chapter must comply with the requirements of chapter 173-204 WAC.[Statutory Authority: Chapter 70.105D RCW. WSR 01-05-024 (Order 97-09A), § 173-340-760, filed 2/12/01, ef…

(1) Normal entry procedures. Whenever there is a reasonable basis to believe that a release or threatened release of a hazardous substance may exist, the department's authorized employees, agents or contractors may, after reasonable notice, enter upon any real property, public or…

(1) General provisions. Requirements under the Occupational Safety and Health Act of 1970, as amended (29 U.S.C. Sec. 651 et seq.) and the Washington Industrial Safety and Health Act (chapter 49.17 RCW), and regulations promulgated pursuant thereto shall be applicable to remedial…

(1) Purpose. This section specifies requirements that are intended to avoid, minimize, or mitigate adverse effects from remedial actions on archaeological and historic archaeological sites, historic buildings and structures, traditional cultural places, sacred sites, and other cu…

(1) Purpose. A sampling and analysis plan is a document that describes the sample collection, handling, and analysis procedures to be used at a site.(2) General requirements. A sampling and analysis plan shall be prepared for all sampling activities that are part of an investigat…