Title 43 — Title 43 STATE GOVERNMENT—EXECUTIVE
178 chapters · 3,474 sections in this title.
RCW 43.21A.005 Intent—Public involvement and outreach.
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See RCW 43.20A.005.
RCW 43.21A.010 Legislative declaration of state policy on environment and utilization of natural resources.
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The legislature recognizes and declares it to be the policy of this state, that it is a fundamental and inalienable right of the people of the state of Washington to live in a healthful and pleasant environment and to benefit from the proper development and use of its natural res…
RCW 43.21A.020 Purpose.
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In recognition of the responsibility of state government to carry out the policies set forth in RCW 43.21A.010, it is the purpose of this chapter to establish a single state agency with the authority to manage and develop our air and water resources in an orderly, efficient, and …
RCW 43.21A.030 Definitions.
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As used in this chapter, unless the context indicates otherwise:(1) "Department" means the department of ecology.(2) "Director" means the director of the department of ecology.(3) "Commission" means the ecological commission.[ 1970 ex.s. c 62 s 3.]
RCW 43.21A.040 Department of ecology—Created.
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There is created a department of state government to be known as the department of ecology.[ 1970 ex.s. c 62 s 4.]
RCW 43.21A.050 Department of ecology—Director—Appointment—Powers and duties—Salary—Temporary appointment when vacancy.
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The executive and administrative head of the department shall be the director. The director shall be appointed by the governor with the consent of the senate. He or she shall have complete charge of and supervisory powers over the department. He or she shall be paid a salary fixe…
RCW 43.21A.061 Powers and duties—Reclamation.
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The department of ecology shall exercise all the powers and perform all the duties prescribed by law with respect to the reclamation and development of arid, swamp, overflow, and logged-off lands in the state and such other duties as may be prescribed by law.[ 1987 c 109 s 26; 19…
RCW 43.21A.064 Powers and duties—Water resources.
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Subject to RCW 43.21A.068, the director of the department of ecology shall have the following powers and duties:(1) The supervision of public waters within the state and their appropriation, diversion, and use, and of the various officers connected therewith;(2) Insofar as may be…
RCW 43.21A.067 Water resources—"Basic data fund" created.
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The director of ecology may create within his or her department a fund to be known as the "basic data fund."Into such fund shall be deposited all moneys contributed by persons for streamflow, groundwater and water quality data or other hydrographic information furnished by the de…
RCW 43.21A.068 Federal power act licensees—Exemption from state requirements.
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(1) With respect to the safety of any dam, canal, ditch, hydraulic power plant, reservoir, project, or other work, system, or plant that requires a license under the federal power act, no licensee shall be required to:(a) Submit proposals, plans, specifications, or other document…
RCW 43.21A.069 Powers and duties—Flood control.
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The department of ecology shall exercise all the powers and perform all the duties prescribed by law with respect to flood control.[ 1987 c 109 s 28; 1965 c 8 s 43.21.160. Prior: 1941 c 204 s 2, part; Rem. Supp. 1941 s 9663F-2, part. Formerly RCW 43.21.160.]Notes:Purpose—Short ti…
RCW 43.21A.070 Application of administrative procedure act to the review of decisions by director.
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The administrative procedure act, chapter 34.05 RCW, shall apply to the review of decisions by the director to the same extent as it applied to decisions issued by the directors of the various departments whose powers, duties and functions are transferred by chapter 62, Laws of 1…
RCW 43.21A.080 Rule-making authority.
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The director of the department of ecology is authorized to adopt such rules and regulations as are necessary and appropriate to carry out the provisions of this chapter: PROVIDED, That the director may not adopt rules after July 23, 1995, that are based solely on a section of law…
RCW 43.21A.081 Five-year formal review process of existing rules.
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The department of ecology must establish and perform, within existing funds, a formal review process of its existing rules every five years. The goal of the review is to decrease the numbers of, simplify the process, and decrease the time required for obtaining licenses, permits,…
RCW 43.21A.085 Technical assistance officer and units—Coordination of voluntary compliance with regulatory laws.
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The department, to the greatest extent possible, within available resources and without jeopardizing the department's ability to carry out its legal responsibilities, may designate one or more of its employees as a technical assistance officer, and may organize the officers into …
RCW 43.21A.087 Technical assistance officer and units—Authority to issue orders or assess penalties.
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(1) An employee designated by the department as a technical assistance officer or as a member of a technical assistance unit may not, during the period of the designation, have authority to issue orders or assess penalties on behalf of the department. Such an employee who provide…
RCW 43.21A.090 Powers, duties and functions transferred to department to be performed by director—Delegation by director, limitations.
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All powers, duties and functions transferred to the department by the terms of chapter 62, Laws of 1970 ex. sess. shall be performed by the director: PROVIDED, That the director may delegate, by appropriate rule or regulation, the performance of such of his or her powers, duties,…
RCW 43.21A.100 Departmental administrative divisions—Deputy director, duties—Assistant directors, duties—As exempt from state civil service law—Salaries.
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In order to obtain maximum efficiency and effectiveness within the department, the director may create such administrative divisions within the department as he or she deems necessary. The director shall appoint a deputy director as well as such assistant directors as shall be ne…
RCW 43.21A.120 Director to employ personnel—Application of state civil service law.
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The director shall have the power to employ such personnel as may be necessary for the general administration of this chapter: PROVIDED, That except as specified in RCW 41.06.073, such employment shall be in accordance with the rules of the state civil service law, chapter 41.06 …
RCW 43.21A.130 Studies—Limitations.
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(1) In addition to any other powers granted the director, the director may undertake studies dealing with all aspects of environmental problems involving land, water, or air; however, in the absence of specific legislative authority, such studies shall be limited to investigation…
RCW 43.21A.140 Director to consult with department, state board of health.
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The director in carrying out his or her powers and duties under this chapter shall consult with the department of social and health services and the state board of health, or their successors, insofar as necessary to assure that those agencies concerned with the preservation of l…
RCW 43.21A.150 Director to consult with other states, federal government, and Canadian provinces—Authority to receive and disburse grants, funds, and gifts—Department's website list of interagency agreements.
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(1) The director, whenever it is lawful and feasible to do so, shall consult and cooperate with the federal government, as well as with other states and Canadian provinces, in the study and control of environmental problems. On behalf of the department, the director is authorized…
RCW 43.21A.155 Environmental excellence program agreements—Effect on chapter.
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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 with the terms and provisions of an environmental excellence program agreement, entered into under cha…
RCW 43.21A.160 Request for certification of records as confidential—Procedure.
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Whenever any records or other information furnished under the authority of this chapter to the director, the department, or any division of the department, relate to the processes of production unique to the owner or operator thereof, or may affect adversely the competitive posit…
RCW 43.21A.165 Environmental technology—Review of certification programs—Demonstration activities.
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(1) The legislature finds that:(a) New and innovative environmental technologies can help improve environmental quality at lower costs;(b) Current regulatory processes often include permits or approvals that require applicants to duplicate costly technical analysis;(c) The commer…
RCW 43.21A.175 Environmental certification programs—Fees—Rules—Liability.
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(1) At the request of a project proponent, the department shall consider information developed through a certification program when making permit or other regulatory decisions. The department may not require duplicative demonstration of such information, but may require additiona…
RCW 43.21A.230 Certification of environmental laboratories authorized—Fees—Use of certified laboratories by persons submitting data or results to department.
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The director of ecology may certify environmental laboratories which conduct tests or prepare data for submittal to the department. Fees for certification may be charged by the department to cover the department's costs. Such certification may consider:(1) Evaluating protocols an…
RCW 43.21A.235 Exemption from laboratory certification and fee requirements.
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Laboratories owned by persons holding wastewater discharge permits and operated solely for their own use which participate in quality assurance programs administered by the federal environmental protection agency shall be exempt from certification and fee requirements for the spe…
RCW 43.21A.350 Master plan of development.
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The department of ecology shall prepare and perfect from time to time a state master plan for flood control, state public reservations, financed in whole or in part from moneys collected by the state, sites for state public buildings and for the orderly development of the natural…
RCW 43.21A.355 Master plan of development—Public hearings.
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The director may hold public hearings, in connection with any duty prescribed in RCW 43.21A.350 and may compel the attendance of witnesses and the production of evidence.[ 1988 c 127 s 7; 1965 c 8 s 43.21.200. Prior: 1957 c 215 s 23; 1933 ex.s. c 54 s 4; RRS s 10930-4. Formerly R…
RCW 43.21A.405 Marine pollution—Baseline study program—Legislative finding and declaration.
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The legislature recognizes that there exists a great risk of potential damage from oil pollution of the waters of the state of Washington and further declares that immediate steps must be undertaken to reduce this risk. The legislature also is aware that such danger is expected t…
RCW 43.21A.410 Marine pollution—Baseline study program established—Utilization of related programs—Coordination—Contracts.
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As part of the state effort to prevent and control oil pollution, a continuing, comprehensive program of systematic baseline studies for the waters of the state shall be established by the department of ecology. Full utilization of related historical data shall be made in plannin…
RCW 43.21A.415 Marine pollution—Baseline study program—Scope of database produced.
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The database produced by such studies should include chemical, physical, and biological parameters of the waters, complete information on marine pollution accidents, and an economic evaluation of the marine resources and shoreline properties that may be damaged or impaired by oil…
RCW 43.21A.420 Marine pollution—Baseline study program—Priority factors.
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In planning the state baseline studies program, priority shall be given to those waters (1) in which the greatest risk of damage from oil spills exists; (2) which contain marine and freshwater life that is particularly sensitive to toxins contained in crude oil, oil products, and…
RCW 43.21A.430 Catalytic converters in police, ambulance or emergency aid vehicles—Department's powers restricted in respect thereto.
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The department of ecology may not adopt, maintain in effect, or enforce any rule requiring the installation or maintenance of a catalytic converter in the exhaust system of any motor vehicle used as a police vehicle, or ambulance, an emergency aid vehicle, or a fire department ve…
RCW 43.21A.440 Department authorized to participate in and administer federal Comprehensive Environmental Response, Compensation and Liability Act.
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The department of ecology is authorized to participate fully in and is empowered to administer all programs of the federal Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. 9601 et seq.), as it exists on July 24, 1983, contemplated for state particip…
RCW 43.21A.445 Departments authorized to participate in and administer federal Safe Drinking Water Act—Agreements with other departments.
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The department of ecology, the department of natural resources, the department of health, and the *oil and gas conservation committee are authorized to participate fully in and are empowered to administer all programs of Part C of the federal Safe Drinking Water Act (42 U.S.C. Se…
RCW 43.21A.450 Control of outflow and level of Lake Osoyoos—Lake Osoyoos International Water Control Structure authorized.
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(1) The legislature recognizes the need for the state of Washington to implement an understanding reached with the Province of British Columbia in relation to a joint venture with British Columbia for controlling the outflow and level of Lake Osoyoos, an international lake, and i…
RCW 43.21A.470 Yakima enhancement project—Duties—Request for congressional authorization for pipeline.
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(1) The director of the department of ecology shall:(a) Continue to participate with the federal government in its studies of the Yakima enhancement project and of options for future development of the second half of the Columbia Basin project;(b) Vigorously represent the state's…
RCW 43.21A.510 State environmental profile.
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In order to assist the department of commerce in providing information to businesses interested in locating in Washington state, the department shall develop an environmental profile of the state. This profile shall identify the state's natural resources and describe how these as…
RCW 43.21A.515 Assistance to businesses interested in locating in Washington required—Information on environmental laws and regulations to be provided.
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In order to emphasize the importance of the state's environmental laws and regulations and to facilitate compliance with them, the department of ecology shall provide assistance to businesses interested in locating in Washington state. When the department of commerce receives a q…
RCW 43.21A.520 Environmental excellence awards program for products.
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(1) The department of ecology shall develop and implement an environmental excellence awards program that recognizes products that are produced, labeled, or packaged in a manner that helps ensure environmental protection. The award shall be in recognition of products that are mad…
RCW 43.21A.530 Puget Sound marine shoreline surveys.
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(1) The department must conduct and maintain a baseline survey of Puget Sound marine shorelines that utilizes new technology to capture georeferenced oblique aerial and 360 degree on-the-water imagery. Nothing in this section creates a requirement for the department to perform ch…
RCW 43.21A.535 Use of Puget Sound marine shoreline surveys in investigations and enforcement actions—Record.
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The department shall maintain a record of all civil or criminal investigations or enforcement actions in which the department is a participant that utilize georeferenced imagery or surveys produced pursuant to RCW 43.21A.530.[ 2023 c 465 s 3.]Notes:Findings—2023 c 465: See note f…
RCW 43.21A.600 Powers and duties—Electric power resources.
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The department shall make studies and surveys, collect, compile and disseminate information and statistics to facilitate development of the electric power resources of the state by public utility districts, municipalities, electric cooperatives, joint operating agencies and publi…
RCW 43.21A.605 Development of electric power resources—Cooperation with governmental units.
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The director may represent the state and aid and assist the public utilities therein to the end that its resources shall be properly developed in the public interest insofar as they affect electric power and to this end he or she shall cooperate and may negotiate with Canada, the…
RCW 43.21A.610 Steam electric generating plant—Study—Construction.
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The director shall continue the study of the state power commission made in 1956 relating to the construction of a steam power electric generating plant, and if the construction of a steam electric generating plant is found to be feasible by the director, the director may constru…
RCW 43.21A.612 Steam electric generating plant—Statement of intention—Construction by public utility, operating agency, or the department, procedure—Powers of director of commerce.
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Before the director shall construct said steam generating facility within the state, or make application for any permit, license or other right necessary thereto, the director shall give notice thereof by publishing once a week for four consecutive weeks in a newspaper of general…
RCW 43.21A.614 Steam electric generating plant—Powers of director in constructing, operating and maintaining.
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In order to construct, operate and maintain the single steam power electric generating plant provided for in RCW 43.21A.610 the director shall have authority:(1) To generate, produce, transmit, deliver, exchange, purchase or sell electric energy and to enter into contracts for an…
RCW 43.21A.616 Steam electric generating plant—Eminent domain.
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For the purpose of carrying out any or all of the powers herein granted the director shall have the power of eminent domain for the acquisition of either real or personal property used or useful in connection with the construction of facilities authorized hereunder. Actions in em…