Title 70A — Title 70A ENVIRONMENTAL HEALTH AND SAFETY
87 chapters · 1,249 sections in this title.
RCW 70A.15.4200 Zero emission school bus grant program.
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(1) The department must administer the zero emission school bus grant program within the clean diesel grant program for buses, infrastructure, and related costs.(2)(a) Appropriations to this grant program are provided solely for grants to transition from fossil fuel school buses …
RCW 70A.15.4500 Reports of authorities to department of ecology—Contents.
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All authorities in the state shall submit quarterly reports to the department of ecology detailing the current status of air pollution control regulations in the authority and, by county, the progress made toward bringing all sources in the authority into compliance with authorit…
RCW 70A.15.4510 Burning used oil fuel in land-based facilities.
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(1) Except as provided in subsection (2) of this section, a person may not burn used oil as fuel in a land-based facility or in state waters unless the used oil meets the following standards:(a) Cadmium: 2 ppm maximum(b) Chromium: 10 ppm maximum(c) Lead: 100 ppm maximum(d) Arseni…
RCW 70A.15.4520 Metals mining and milling operations permits—Inspections by department of ecology.
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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 department of ecology shall inspect these mining operations at least quarterly in order to ensure that the operation is in complia…
RCW 70A.15.4530 Odors or fugitive dust caused by agricultural activities consistent with good agricultural practices exempt from chapter.
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(1) Odors or fugitive dust caused by agricultural activity consistent with good agricultural practices on agricultural land are exempt from the requirements of this chapter unless they have a substantial adverse effect on public health. In determining whether agricultural activit…
RCW 70A.15.4540 Ammonia emissions from use as agricultural or silvicultural fertilizer—Regulation prohibited.
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The department shall not regulate ammonia emissions resulting from the storage, distribution, transport, or application of ammonia for use as an agricultural or silvicultural fertilizer.[ 1996 c 204 s 2. Formerly RCW 70.94.645.]
RCW 70A.15.5000 Definition of "outdoor burning."
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As used in this subchapter, "outdoor burning" means the combustion of material of any type in an open fire or in an outdoor container without providing for the control of combustion or the control of emissions from the combustion.[ 2009 c 118 s 101. Formerly RCW 70.94.6511.]Notes…
RCW 70A.15.5010 Outdoor burning—Fires prohibited—Exceptions.
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Except as provided in RCW 70A.15.5180, no person shall cause or allow any outdoor fire:(1) Containing garbage, dead animals, asphalt, petroleum products, paints, rubber products, plastics, or any substance other than natural vegetation that normally emits dense smoke or obnoxious…
RCW 70A.15.5020 Outdoor burning—Areas where prohibited—Exceptions—Use for management of storm or flood-related debris—Silvicultural burning.
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(1) Consistent with the policy of the state to reduce outdoor burning to the greatest extent practical, outdoor burning shall not be allowed in:(a) Any area of the state where federal or state ambient air quality standards are exceeded for pollutants emitted by outdoor burning; o…
RCW 70A.15.5030 Outdoor burning—Permits issued by political subdivisions.
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In addition to any other powers granted to them by law, the fire protection agency, county, or conservation district issuing burning permits shall regulate or prohibit outdoor burning as necessary to prevent or abate the nuisances caused by such burning. No fire protection agency…
RCW 70A.15.5040 Limited outdoor burning—Establishment of program.
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Each activated air pollution control authority, and the department of ecology in those areas outside the jurisdictional boundaries of an activated air pollution control authority, shall establish, through regulations, ordinances, or policy, a program implementing the limited burn…
RCW 70A.15.5050 Limited outdoor burning—Construction.
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Nothing contained in RCW 70A.15.5020, 70A.15.5040, 70A.15.5050, 70A.15.5060, 70A.15.5070, and 70A.15.5080 is intended to alter or change the provisions of RCW 70A.15.5120, 70A.15.6000 through 70A.15.6040, and 76.04.205.[ 2020 c 20 s 1137; 2009 c 118 s 202; 1986 c 100 s 55; 1972 e…
RCW 70A.15.5060 Limited outdoor burning—Authority of local air pollution control authority or department of ecology to allow outdoor fires not restricted.
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Nothing in RCW 70A.15.5020, 70A.15.5040, 70A.15.5050, 70A.15.5060, 70A.15.5070, and 70A.15.5080 shall be construed as prohibiting a local air pollution control authority or the department of ecology in those areas outside the jurisdictional boundaries of an activated pollution co…
RCW 70A.15.5070 Limited outdoor burning—Program—Exceptions.
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(1) It shall be the responsibility and duty of the department of natural resources, department of ecology, department of agriculture, county fire marshals in consultation with fire districts, and local air pollution control authorities to establish, through regulations, ordinance…
RCW 70A.15.5080 Limited outdoor burning—Permits issued by political subdivisions—Types of fires permitted.
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The following outdoor fires described in this section may be burned subject to the provisions of this chapter and also subject to city ordinances, county resolutions, rules of fire districts and laws, and rules enforced by the department of natural resources if a permit has been …
RCW 70A.15.5090 Permits—Issuance—Conditioning of permits—Fees—Agricultural burning practices and research task force—Development of public education materials—Agricultural activities.
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(1) Any person who proposes to set fires in the course of agricultural activities shall obtain a permit from an air pollution control authority, the department of ecology, or a local entity delegated permitting authority under RCW 70A.15.5100. General permit criteria of statewide…
RCW 70A.15.5100 Delegation of permit issuance and enforcement to political subdivisions.
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Whenever an air pollution control authority, or the department of ecology for areas outside the jurisdictional boundaries of an activated air pollution control authority, shall find that any fire protection agency, county, or conservation district is capable of effectively admini…
RCW 70A.15.5110 Open burning of grasses grown for seed—Alternatives—Studies—Deposit of permit fees in special grass seed burning account—Procedures—Limitations—Report.
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It is hereby declared to be the policy of this state that strong efforts should be made to minimize adverse effects on air quality from the open burning of field and turf grasses grown for seed. To such end this section is intended to promote the development of economical and pra…
RCW 70A.15.5120 Burning permits for abating or prevention of forest fire hazards, management of ecosystems, instruction or silvicultural operations—Issuance—Fees.
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(1) The department of natural resources is responsible for issuing and regulating burning permits required by it relating to the following activities for the protection of life or property and for the public health, safety, and welfare:(a) Abating or prevention of a forest fire h…
RCW 70A.15.5130 Silvicultural forest burning—Reduce statewide emissions—Exemption—Monitoring program.
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(1)(a) The department of natural resources shall administer a program to reduce statewide emissions from silvicultural forest burning so as to achieve the following minimum objectives:(i) Twenty percent reduction by December 31, 1994, providing a ceiling for emissions until Decem…
RCW 70A.15.5140 Burning permits for abating or prevention of forest fire hazards, management of ecosystems, instruction or silvicultural operations—Conditions for issuance and use of permits—Air quality standards to be met—Alternate methods to lessen forest debris.
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(1) The department of natural resources, in granting burning permits for fires for the purposes set forth in RCW 70A.15.5120, shall condition the issuance and use of such permits to comply to the extent feasible with air quality standards established by the department of ecology.…
RCW 70A.15.5150 Cooperation between department of natural resources and state, local, or regional air pollution authorities—Withholding of permits.
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In the regulation of outdoor burning not included in RCW 70A.15.5120 requiring permits from the department of natural resources, said department and the state, local, or regional air pollution control authorities will cooperate in regulating such burning so as to minimize insofar…
RCW 70A.15.5160 Adoption of rules.
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The department of natural resources and the department of ecology may adopt rules necessary to implement their respective responsibilities under the provisions of RCW 70A.15.5090, 70A.15.5100, 70A.15.5110, 70A.15.5120, 70A.15.5130, 70A.15.5140, 70A.15.5150, 70A.15.5160, and 70A.1…
RCW 70A.15.5170 Burning permits for regeneration of rare and endangered plants.
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Nothing in this chapter prohibits fires necessary to promote the regeneration of rare and endangered plants found within natural area preserves as identified under chapter 79.70 RCW. Permits issued for burning under this section shall be drafted to minimize emissions including de…
RCW 70A.15.5180 Aircraft crash rescue fire training—Training to fight structural fires—Training to fight forest fires—Other firefighter instruction.
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(1) Aircraft crash rescue fire training activities meeting the following conditions do not require a permit under this section, or under RCW 70A.15.5010, 70A.15.5020, 70A.15.5030, 70A.15.5040, 70A.15.5050, 70A.15.5060, 70A.15.5070, and 70A.15.5080, from an air pollution control a…
RCW 70A.15.5190 Outdoor burning allowed for managing storm or flood-related debris.
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Consistent with RCW 70A.15.5020, outdoor burning may be allowed anywhere in the state for the exclusive purpose of managing storm or flood-related debris.[ 2020 c 20 s 1148; 2009 c 118 s 701. Formerly RCW 70.94.6548.]Notes:Purpose—2009 c 118: See note following RCW 70A.15.5000.
RCW 70A.15.5200 Fires necessary for Indian ceremonies or smoke signals.
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Nothing in this chapter prohibits fires necessary for Indian ceremonies or for the sending of smoke signals if part of a religious ritual. Permits issued for burning under this section shall be drafted to minimize emissions including denial of permission to burn during periods of…
RCW 70A.15.5210 Permit to set fires for weed abatement.
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Any person who proposes to set fires in the course of weed abatement shall obtain a permit from an air pollution control authority, the department of ecology, or a local entity delegated permitting authority under RCW 70A.15.5100. General permit criteria of statewide applicabilit…
RCW 70A.15.5220 Disposal of tumbleweeds.
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Consistent with RCW 70A.15.5070, neither a permit nor the payment of a fee shall be required for outdoor burning for the purpose of disposal of tumbleweeds blown by wind. Such burning shall not be conducted during an air pollution episode or any stage of impaired air quality decl…
RCW 70A.15.6000 Air pollution episodes—Legislative finding—Declaration of policy.
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The legislature finds that whenever meteorological conditions occur which reduce the effective volume of air into which air contaminants are introduced, there is a high danger that normal operations at air contaminant sources in the area affected will be detrimental to public hea…
RCW 70A.15.6010 Air pollution episodes—Episode avoidance plan—Contents—Source emission reduction plans—Authority—Considered orders.
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The department of ecology is hereby authorized to develop an episode avoidance plan providing for the phased reduction of emissions wherever and whenever an air pollution episode is forecast. Such an episode avoidance plan shall conform with any applicable federal standards and s…
RCW 70A.15.6020 Air pollution episodes—Declaration of air pollution emergency by governor.
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Whenever the governor finds that emissions from the operation of one or more air contaminant sources is causing imminent danger to public health or safety, he or she may declare an air pollution emergency and may order the person or persons responsible for the operation of such a…
RCW 70A.15.6030 Air pollution episodes—Restraining orders, temporary injunctions to enforce orders—Procedure.
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Whenever any order has been issued pursuant to RCW 70A.15.6000 through 70A.15.6040, the attorney general, upon request from the governor, the director of the department of ecology, an authorized representative of either, or the attorney for a local air pollution control authority…
RCW 70A.15.6040 Air pollution episodes—Orders to be effective immediately.
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Orders issued to declare any stage of an air pollution episode avoidance plan under RCW 70A.15.6010, and to declare an air pollution emergency, under RCW 70A.15.6020, and orders to persons responsible for the operation of an air contaminant source to reduce or discontinue emissio…
RCW 70A.15.6050 Plans approved pursuant to federal clean air act—Enforcement authority.
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Notwithstanding any provision of the law to the contrary, except RCW 70A.15.5120 through 70A.15.5150, the department of ecology, upon its approval of any plan (or part thereof) required or permitted under the federal clean air act, shall have the authority to enforce all regulato…
RCW 70A.15.6200 Legislative declaration—Intent.
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The legislature recognizes that:(1) Acid deposition resulting from commercial, industrial or other emissions of sulphur dioxide and nitrogen oxides pose a threat to the delicate balance of the state's ecological systems, particularly in alpine lakes that are known to be highly se…
RCW 70A.15.6210 Definitions.
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As used in RCW 70A.15.6200 through 70A.15.6220, the following terms have the following meanings.(1) "Acid deposition" means wet or dry deposition from the atmosphere of chemical compounds with a pH of less than 5.6.(2) "Critical level of acid deposition and lake, stream, and soil…
RCW 70A.15.6220 Monitoring by department of ecology.
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The department of ecology shall maintain a program of periodic monitoring of acid rain deposition and lake, stream, and soil acidification to ensure early detection of acidification and environmental degradation.[ 1987 c 505 s 61; 1985 c 456 s 5; 1984 c 277 s 6. Formerly RCW 70.9…
RCW 70A.15.6230 Emission credits banking program—Amount of credit.
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The department of ecology and the local boards may implement an emission credits banking program. For the purposes of this section, an emission credits banking program means a program whereby an air contaminant source which reduces emissions of a given air contaminant by an amoun…
RCW 70A.15.6240 Department of ecology may accept delegation of programs.
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The department of ecology may accept delegation of programs as provided for in the federal clean air act. Subject to federal approval, the department may, in turn, delegate such programs to the local authority with jurisdiction in a given area.[ 1991 c 199 s 312; 1984 c 164 s 2. …
RCW 70A.15.6250 Evaluation of information on acid deposition in Pacific Northwest—Establishment of critical levels—Notification of legislature.
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The department of ecology, in consultation with the appropriate committees of the house of representatives and of the senate, shall:(1) Continue evaluation of information and research on acid deposition in the Pacific Northwest region;(2) Establish critical levels of acid deposit…
RCW 70A.15.6260 Establishment of critical deposition and acidification levels—Considerations.
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In establishing critical levels of acid deposition and lake, stream, and soil acidification, the department of ecology shall consider:(1) Current acid deposition and lake, stream, and soil acidification levels;(2) Changes in acid deposition and lake, stream, and soil acidificatio…
RCW 70A.15.6270 Carbon dioxide mitigation—Fees.
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(1) For fossil-fueled electric generation facilities having more than twenty-five thousand kilowatts station generating capability but less than three hundred fifty thousand kilowatts station generation capability, except for fossil-fueled floating thermal electric generation fac…
RCW 70A.15.6400 Clean fuel matching grants for public transit, vehicle mechanics, and refueling infrastructure.
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The department may disburse matching grants from funds provided by the legislature from the air pollution control account, created in RCW 70A.15.1010, to units of local government to partially offset the additional cost of purchasing "clean fuel" and/or operating "clean-fuel vehi…
RCW 70A.15.6440 Stationary natural gas engines used in combined heat and power systems—Permitting process—Emission limits.
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(1) It is the intent of the legislature for a general permit or permit by rule adopted by the department under this section to streamline the permitting process for a stationary natural gas engine used in a combined heat and power system. It is the further intent of the legislatu…
RCW 70A.15.6450 Boiler or process heaters—Assessment and reporting requirements.
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(1) An owner or operator of an industrial, commercial, or institutional boiler or process heater required to complete an energy assessment under 40 C.F.R. Part 63 subpart DDDDD shall:(a) By January 31, 2018, submit nonproprietary information reported in the energy assessment elec…
RCW 70A.15.6455 Restitution following a criminal conviction.
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In determining restitution following a criminal conviction under this chapter, the court is authorized to order restitution for harm to natural resources or the environment.[ 2024 c 342 s 2.]
RCW 70A.15.9001 Construction—1967 c 238.
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This 1967 amendatory act shall not be construed to create in any way nor to enlarge, diminish or otherwise affect in any way any private rights in any civil action for damages. Any determination that there has been a violation of the provisions of this 1967 amendatory act or of a…
RCW 70A.15.9002 Construction, repeal of RCW 70.94.061 through 70.94.066—Saving.
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The following acts or parts of acts are each repealed:(1) Section 7, chapter 238, Laws of 1967, and RCW 70.94.061;(2) Section 8, chapter 238, Laws of 1967, and RCW 70.94.062;(3) Section 9, chapter 238, Laws of 1967, and RCW 70.94.064; and(4) Section 10, chapter 238, Laws of 1967,…
RCW 70A.15.9003 Effective dates—1991 c 199.
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Sections 602 and 603 of this act shall take effect July 1, 1992. Sections 202 through 209 of this act shall take effect January 1, 1993. Sections 210 and 505 of this act shall take effect January 1, 1992.The remainder of this act is necessary for the immediate preservation of the…