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Washington Statutes, Title 70A

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Washington/Statutes

← All Washington coverage

Title 70A, ENVIRONMENTAL HEALTH AND SAFETY

87 chapters · 1,258 sections in this title.

All chapters in Title 70A1,258 Ch 70A.15, Washington clean air act.151 Ch 70A.205, Solid waste management—Reduction and…102 Ch 70A.300, Hazardous waste management.52 Ch 70A.65, Greenhouse gas emissions—Cap and inv…44 Ch 70A.500, Electronic product recycling.36 Ch 70A.208, Solid waste—Packaging and paper prod…29 Ch 70A.388, Nuclear energy and radiation.25 Ch 70A.305, Hazardous waste cleanup—Model toxics…24 Ch 70A.10, Weather modification.22 Ch 70A.125, Public water systems—Penalties and c…22 Ch 70A.200, Waste reduction, recycling, and mode…20 Ch 70A.535, Transportation fuel—Clean fuels program.20 Ch 70A.120, Public water supply systems—Operators.19 Ch 70A.505, Mercury-containing lights—Proper dis…19

151 sections·Filtered byTitle 70A✕Ch 70A.15✕

RCW 70A.15.1005 Declaration of public policies and purpose.
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It is declared to be the public policy to preserve, protect, and enhance the air quality for current and future generations. Air is an essential resource that must be protected from harmful levels of pollution. Improving air quality is a matter of statewide concern and is in the …
RCW 70A.15.1010 Air pollution control account—Air operating permit account.
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(1) The air pollution control account is established in the state treasury. All receipts collected by or on behalf of the department from RCW 70A.15.2200(2), and receipts from nonpermit program sources under RCW 70A.15.2210(1) and 70A.15.2230(7), and all receipts from RCW 70A.15.…
RCW 70A.15.1030 Definitions.
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The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Air contaminant" means dust, fumes, mist, smoke, other particulate matter, vapor, gas, odorous substance, or any combination thereof. (2) "Air pollution" is presence …
RCW 70A.15.1040 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other provision of law, any legal requirement under this chapter, including any standard, limitation, rule, or order is superseded and replaced in accordance with the terms and provisions of an environmental excellence program agreement, entered into under cha…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 70A.15.1050 Technical assistance program for regulated community.

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The department shall establish a technical assistance unit within its air quality program, consistent with the federal clean air act, to provide the regulated community, especially small businesses with: (1) Information on air pollution laws, rules, compliance methods, and techno…

RCW 70A.15.1060 Transportation activities—"Conformity" determination requirements.

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In areas subject to a state implementation plan, no state agency, metropolitan planning organization, or local government shall approve or fund a transportation plan, program, or project within or that affects a nonattainment area unless a determination has been made that the pla…

RCW 70A.15.1070 Causing or permitting air pollution unlawful—Exception.

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Except where specified in a variance permit, as provided in RCW 70A.15.2310, it shall be unlawful for any person to cause air pollution or permit it to be caused in violation of this chapter, or of any ordinance, resolution, rule or regulation validly promulgated hereunder. [ 202…

RCW 70A.15.1080 Exception—Burning wood at historic structure.

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Except as otherwise provided in this section, any building or structure listed on the national register of historic sites, structures, or buildings established pursuant to 80 Stat. 915, 16 U.S.C. Sec. 470a, or on the state register established pursuant to RCW 27.34.220, shall be …

RCW 70A.15.1090 Policy to cooperate with federal government.

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It is declared to be the policy of the state of Washington through the department of ecology to cooperate with the federal government in order to insure the coordination of the provisions of the federal and state clean air acts, and the department is authorized and directed to im…

RCW 70A.15.1100 Issuance of enforceable order—Overburdened communities.

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The department or a local air authority must issue an enforceable order under this chapter, consistent with RCW 70A.65.020(2) (b) and (c), to all permitted or registered sources operating in overburdened communities when, consistent with RCW 70A.65.020(2)(a), the department deter…

RCW 70A.15.1110 Limitations on the use of gas—Prohibition.

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An authority shall not in any way prohibit, penalize, or discourage the use of gas for any form of heating, or for uses related to any appliance or equipment, in any building. [ 2025 c 1 s 11 (Initiative Measure No. 2066, approved November 5, 2024).] Notes: Findings—2025 c 1 (Ini…

RCW 70A.15.1500 Air pollution control authorities created—Activated authorities, composition, meetings—Delineation of air pollution regions, considerations.

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(1) In each county of the state there is hereby created an air pollution control authority, which shall bear the name of the county within which it is located. The boundaries of each authority shall be coextensive with the boundaries of the county within which it is located. An a…

RCW 70A.15.1510 Air pollution control authority may be activated by counties, when.

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The legislative authority of any county may activate an air pollution control authority following a public hearing on its own motion, or upon a filing of a petition signed by one hundred property owners within the county. If the county legislative authority determines as a result…

RCW 70A.15.1520 Multicounty authority may be formed by contiguous counties—Name.

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The boards of county commissioners of two or more contiguous counties may, by joint resolution, combine to form a multicounty air pollution control authority. Boundaries of such authority shall be coextensive with the boundaries of the counties forming the authority. The name of …

RCW 70A.15.1530 Merger of active and inactive authorities to form multicounty or regional authority—Procedure.

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The respective boards of county commissioners of two or more contiguous counties may merge any combination of their several inactive or activated authorities to form one activated multicounty authority. Upon a determination that the purposes of this chapter will be served by such…

RCW 70A.15.1540 Merger of active and inactive authorities to form multicounty or regional authority—Reorganization of board of directors—Rules and regulations.

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Whenever there occurs a merger of an inactive authority with an activated authority or authorities, or of two activated authorities to form a multicounty authority, the board of directors shall be reorganized as provided in RCW 70A.15.2000, 70A.15.2010, and 70A.15.2020. In the ca…

RCW 70A.15.1550 Resolutions activating authorities—Contents—Filings—Effective date of operation.

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The resolution or resolutions activating an air pollution authority shall specify the name of the authority and participating political bodies; the authority's principal place of business; the territory included within it; and the effective date upon which such authority shall be…

RCW 70A.15.1560 Powers and duties of authorities.

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An activated authority shall be deemed a municipal corporation; have right to perpetual succession; adopt and use a seal; may sue and be sued in the name of the authority in all courts and in all proceedings; and, may receive, account for, and disburse funds, employ personnel, an…

RCW 70A.15.1570 Cost-reimbursement agreements.

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(1) An authority may enter into a written cost-reimbursement agreement with a permit applicant or project proponent to recover from the applicant or proponent the reasonable costs incurred by the authority in carrying out the requirements of this chapter, as well as the requireme…

RCW 70A.15.1580 Excess tax levy authorized—Election, procedure, expense.

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An activated authority shall have the power to levy additional taxes in excess of the constitutional and/or statutory tax limitations for any of the authorized purposes of such activated authority, not in excess of twenty-five cents per thousand dollars of assessed value a year w…

RCW 70A.15.1590 Air pollution control authority—Fiscal year—Adoption of budget—Contents.

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Notwithstanding the provisions of RCW 1.16.030, the budget year of each activated authority shall be the fiscal year beginning July 1st and ending on the following June 30th. On or before the fourth Monday in June of each year, each activated authority shall adopt a budget for th…

RCW 70A.15.1600 Methods for determining proportion of supplemental income to be paid by component cities, towns and counties—Payment.

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(1) Each component city or town shall pay such proportion of the supplemental income to the authority as determined by either one of the following prescribed methods or by a combination of fifty percent of one and fifty percent of the other as provided in subsection (1)(c) of thi…

RCW 70A.15.1610 Designation of authority treasurer and auditor—Duties.

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The treasurer of each component city, town, or county shall create a separate fund into which shall be paid all money collected from taxes or from any other available sources, levied by or obtained for the activated authority on property or on any other available sources in such …

RCW 70A.15.1620 Assessed valuation of taxable property, certification by county assessors.

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It shall be the duty of the assessor of each component county to certify annually to the board the aggregate assessed valuation of all taxable property in all incorporated and unincorporated areas situated in any activated authority as the same appears from the last assessment ro…

RCW 70A.15.1630 Authorization to borrow money.

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An activated authority shall have the power when authorized by a majority of all members of the board to borrow money from any component city, town or county and such cities, towns and counties are hereby authorized to make such loans or advances on such terms as may be mutually …

RCW 70A.15.1640 Special air pollution studies—Contracts for conduct of.

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In addition to paying its share of the supplemental income of the activated authority, each component city, town, or county shall have the power to contract with such authority and expend funds for the conduct of special studies, investigations, plans, research, advice, or consul…

RCW 70A.15.2000 Air pollution control authority—Board of directors—Composition—Term.

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(1) The governing body of each authority shall be known as the board of directors. (2)(a) In the case of an authority comprised of one county, with a population of less than four hundred thousand people, the board shall be comprised of two appointees of the city selection committ…

RCW 70A.15.2010 City selection committees.

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There shall be a separate and distinct city selection committee for each county making up an authority. The membership of such committee shall consist of the mayor of each incorporated city and town within such county, except that the mayors of the cities, with the most populatio…

RCW 70A.15.2020 City selection committees—Meetings, notice, recording officer—Alternative mail balloting—Notice.

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(1) The city selection committee of each county which is included within an authority shall meet within one month after the activation of such authority for the purpose of making its initial appointments to the board of such authority and thereafter whenever necessary for the pur…

RCW 70A.15.2030 Air pollution control authority—Board of directors—Powers, quorum, officers, compensation.

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The board shall exercise all powers of the authority except as otherwise provided. The board shall conduct its first meeting within thirty days after all of its members have been appointed or designated as provided in RCW 70A.15.2000. The board shall meet at least ten times per y…

RCW 70A.15.2040 Air pollution control authority—Powers and duties of activated authority.

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The board of any activated authority in addition to any other powers vested in them by law, shall have power to: (1) Adopt, amend and repeal its own rules and regulations, implementing this chapter and consistent with it, after consideration at a public hearing held in accordance…

RCW 70A.15.2050 Subpoena powers—Witnesses, expenses and mileage—Rules and regulations.

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In connection with the subpoena powers given in RCW 70A.15.2040(2): (1) In any hearing held under RCW 70A.15.2310 and 70A.15.2530, the board or the department, and their authorized agents: (a) Shall issue a subpoena upon the request of any party and, to the extent required by rul…

RCW 70A.15.2060 Federal aid.

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Any authority exercising the powers and duties prescribed in this chapter may make application for, receive, administer, and expend any federal aid, under federal legislation from any agency of the federal government, for the prevention and control of air pollution or the develop…

RCW 70A.15.2200 Classification of air contaminant sources—Registration—Fee—Registration program defined—Adoption of rules requiring persons to report emissions of greenhouse gases.

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(1) The board of any activated authority or the department, may classify air contaminant sources, by ordinance, resolution, rule or regulation, which in its judgment may cause or contribute to air pollution, according to levels and types of emissions and other characteristics whi…

RCW 70A.15.2210 Notice may be required of construction of proposed new contaminant source—Submission of plans—Approval, disapproval—Emission control—"De minimis new sources" defined.

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(1) The department of ecology or board of any authority may require notice of the establishment of any proposed new sources except single-family and duplex dwellings or de minimis new sources as defined in rules adopted under subsection (11) of this section. The department of eco…

RCW 70A.15.2220 Existing stationary source—Replacement or substantial alteration of emission control technology.

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Any person proposing to replace or substantially alter the emission control technology installed on an existing stationary source emission unit shall file a notice of construction application with the jurisdictional permitting authority. For projects not otherwise reviewable unde…

RCW 70A.15.2230 RACT requirements.

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(1) RACT as defined in RCW 70A.15.1030 is required for existing sources except as otherwise provided in RCW 70A.15.3000(9). (2) RACT for each source category containing three or more sources shall be determined by rule except as provided in subsection (3) of this section. (3) Sou…

RCW 70A.15.2240 Control of emissions—Bubble concept—Schedules of compliance.

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(1) As used in subsection (3) of this section, the term "bubble" means an air pollution control system which permits aggregate measurements of allowable emissions, for a single category of pollutant, for emissions points from a specified emissions-generating facility or facilitie…

RCW 70A.15.2250 Preemption of uniform building and fire codes.

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The department and local air pollution control authorities shall preempt the application of chapter 9 of the uniform building code and article 80 of the uniform fire code by other state agencies and local governments for the purposes of controlling outdoor air pollution from indu…

RCW 70A.15.2260 Operating permits for air contaminant sources—Generally—Fees, report to legislature.

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The department of ecology, or board of an authority, shall require renewable permits for the operation of air contaminant sources subject to the following conditions and limitations: (1) Permits shall be issued for a term of five years. A permit may be modified or amended during …

RCW 70A.15.2270 Annual fees from operating permit program source to cover cost of program.

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(1) The department and delegated local air authorities are authorized to determine, assess, and collect, and each permit program source shall pay, annual fees sufficient to cover the direct and indirect costs of implementing a state operating permit program approved by the United…

RCW 70A.15.2280 Source categories not required to have a permit—Recommendations.

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The department shall prepare recommendations to reduce air emissions for source categories not generally required to have a permit under RCW 70A.15.2260. Such recommendations shall not require any action by the owner or operator of a source and shall be consistent with rules adop…

RCW 70A.15.2290 Gasoline vapor recovery devices—Limitation on requiring.

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(1) A gasoline vapor recovery device that captures vapors during vehicle fueling may only be required at a service station, or any other gasoline dispensing facility supplying fuel to the general public, in any of the following circumstances: (a) The facility sells in excess of s…

RCW 70A.15.2300 Air pollution control authority control officer.

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Any activated authority which has adopted an ordinance, resolution, or valid rules and regulations as provided herein for the control and prevention of air pollution shall appoint a full time control officer, whose sole responsibility shall be to observe and enforce the provision…

RCW 70A.15.2310 Variances—Application for—Considerations—Limitations—Renewals—Review.

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(1) Any person who owns or is in control of any plant, building, structure, establishment, process or equipment may apply to the department of ecology or appropriate local authority board for a variance from rules or regulations governing the quality, nature, duration or extent o…

RCW 70A.15.2500 Investigation of conditions by control officer or department—Entering private, public property.

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For the purpose of investigating conditions specific to the control, recovery or release of air contaminants into the atmosphere, a control officer, the department, or their duly authorized representatives, shall have the power to enter at reasonable times upon any private or pub…

RCW 70A.15.2510 Confidentiality of records and information.

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Whenever any records or other information, other than ambient air quality data or emission data, furnished to or obtained by the department of ecology or the board of any authority under this chapter, relate to processes or production unique to the owner or operator, or is likely…

RCW 70A.15.2520 Enforcement actions by air authority—Notice to violators.

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At least thirty days prior to the commencement of any formal enforcement action under RCW 70A.15.3150 or 70A.15.3160 a local air authority shall cause written notice to be served upon the alleged violator or violators. The notice shall specify the provision of this chapter or the…

RCW 70A.15.2530 Order final unless appealed to pollution control hearings board.

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Any order issued by the board or by the control officer, shall become final unless such order is appealed to the hearings board as provided in chapter 43.21B RCW. [ 1970 ex.s. c 62 s 58; 1969 ex.s. c 168 s 25; 1967 c 238 s 35. Formerly RCW 70.94.221.] Notes: Savings—Effective dat…

RCW 70A.15.2540 Rules of authority supersede local rules, regulations, etc.—Exceptions.

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The rules and regulations hereafter adopted by an authority under the provisions of this chapter shall supersede the existing rules, regulations, resolutions and ordinances of any of the component bodies included within said authority in all matters relating to the control and en…