Title 70A — Title 70A ENVIRONMENTAL HEALTH AND SAFETY

The legislature finds:(1) Continuing technological changes in methods of manufacture, packaging, and marketing of consumer products, together with the economic and population growth of this state, the rising affluence of its citizens, and its expanding industrial activity have cr…

(1)(a) The state establishes a goal for the landfill disposal of organic materials at a level representing a 75 percent reduction by 2030 in the statewide disposal of organic material waste, relative to 2015 levels.(b) The state establishes a goal that no less than 20 percent of …

The purpose of this chapter is to establish a comprehensive statewide program for solid waste handling, and solid waste recovery and/or recycling which will prevent land, air, and water pollution and conserve the natural, economic, and energy resources of this state. To this end …

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "City" means every incorporated city and town.(2) "Commission" means the utilities and transportation commission.(3) "Composted material" means organic solid waste that…

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other provision of law, any legal requirement under this chapter, including any standard, limitation, rule, or order is superseded and replaced in accordance with the terms and provisions of an environmental excellence program agreement, entered into under cha…

(1) The department shall adopt rules establishing minimum functional standards for solid waste handling, consistent with the standards specified in this section. The department may classify areas of the state with respect to population density, climate, geology, status under a qu…

(1) The department shall, as part of the minimum functional standards for solid waste handling required under RCW 70A.205.025, develop specific criteria for the types of solid wastes that are allowed to be received by inert waste landfills that seek to continue operation after Fe…

In order to implement the minimum functional standards for solid waste handling, evaluate the effectiveness of the minimum functional standards, evaluate the cost of implementation, and develop a mechanism to finance the implementation, the department shall prepare:(1) An assessm…

(1) Each county within the state, in cooperation with the various cities located within such county, shall prepare a coordinated, comprehensive solid waste management plan. Such plan may cover two or more counties. The purpose is to plan for solid waste and materials reduction, c…

Each county and city comprehensive solid waste management plan shall include the following:(1) A detailed inventory and description of all existing solid waste handling facilities including an inventory of any deficiencies in meeting current solid waste handling needs.(2) The est…

Levels of service shall be defined in the waste reduction and recycling element of each local comprehensive solid waste management plan and shall include the services set forth in RCW 70A.205.045. In determining which service level is provided to residential and nonresidential wa…

(1) The department and local governments preparing plans are encouraged to work cooperatively during plan development. Each county and city preparing a comprehensive solid waste management plan shall submit a preliminary draft plan to the department for technical review. The depa…

Upon receipt by the department of a preliminary draft plan as provided in RCW 70A.205.055, the department shall immediately provide a copy of the preliminary draft plan to the department of agriculture. Within forty-five days after receiving the preliminary draft plan, the depart…

Upon receipt, the department shall immediately provide the utilities and transportation commission with a copy of each preliminary draft local comprehensive solid waste management plan. Within forty-five days after receiving a plan, the commission shall have reviewed the plan's a…

(1) The department or the commission, as appropriate, shall provide to counties and cities technical assistance including, but not limited to, planning guidelines, in the preparation, review, and revision of solid waste management plans required by this chapter. Guidelines prepar…

(1) The comprehensive county solid waste management plans and any comprehensive city solid waste management plans prepared in accordance with RCW 70A.205.040 shall be maintained in a current condition and reviewed and revised periodically by counties and cities as may be required…

Any county may apply to the department on a form prescribed thereby for financial aid for the preparation and implementation of the comprehensive county plan for solid waste management required by RCW 70A.205.040, including contamination reduction and outreach plans. Any city ele…

Counties and cities shall match their planning aid allocated by the director by an amount not less than twenty-five percent of the estimated cost of such planning. Any federal planning aid made directly to a county or city shall not be considered either a state or local contribut…

Upon the allocation of planning funds as provided in RCW 70A.205.080, the department shall enter into a contract with each county receiving a planning grant. The contract shall include such provisions as the director may deem necessary to assure the proper expenditure of such fun…

Each county, or any city, or jurisdictional board of health shall adopt regulations or ordinances governing solid waste handling implementing the comprehensive solid waste management plan covering storage, collection, transportation, treatment, utilization, processing and final d…

Any jurisdictional health department and the department of ecology may enter into an agreement providing for the exercise by the department of ecology of any power that is specified in the contract and that is granted to the jurisdictional health department under this chapter. Ho…

(1) Each county or city siting a solid waste disposal facility shall review each potential site for conformance with the standards as set by the department for:(a) Geology;(b) Groundwater;(c) Soil;(d) Flooding;(e) Surface water;(f) Slope;(g) Cover material;(h) Capacity;(i) Climat…

(1) Each local solid waste advisory committee shall conduct one or more meetings for the purpose of determining how local private recycling and solid waste collection businesses may participate in the development and implementation of programs to collect source separated material…

Except as provided otherwise in RCW 70A.205.260, 70A.205.265, 70A.205.270, 70A.205.275, or 70A.205.290, after approval of the comprehensive solid waste plan by the department no solid waste handling facility or facilities shall be maintained, established, or modified until the co…

(1) Applications for permits to operate a new or modified solid waste handling facility shall be on forms prescribed by the department and shall contain a description of the proposed facilities and operations at the site, plans and specifications for any new or additional facilit…

(1) Except as provided in subsection (4) of this section, every permit issued by a jurisdictional health department under RCW 70A.205.125 shall be reviewed by the department to ensure that the proposed site or facility conforms with:(a) All applicable laws and regulations includi…

(1) Every permit for an existing solid waste handling facility issued pursuant to RCW 70A.205.125 shall be renewed at least every five years on a date established by the jurisdictional health department having jurisdiction of the site and as specified in the permit. If a permit i…

Any permit for a solid waste disposal site issued as provided herein shall be subject to suspension at any time the department or the jurisdictional health department determines that the site or the solid waste disposal facilities located on the site are being operated in violati…

An authorized collector regulated under chapter 69.48 RCW is not required to obtain a permit under RCW 70A.205.120 unless the authorized collector is required to obtain a permit under RCW 70A.205.120 as a consequence of activities that are not directly associated with the collect…

Whenever the jurisdictional health department denies a permit or suspends a permit for a solid waste disposal site, it shall, upon request of the applicant or holder of the permit, grant a hearing on such denial or suspension within thirty days after the request therefor is made.…

To provide solid waste collection companies with sufficient time to prepare and submit tariffs and rate filings for public comment and commission approval, the owner or operator of a transfer station, landfill, or facility used to burn solid waste shall provide seventy-five days'…

(1) By July 1, 1987, each holder or applicant of a permit for a landfill disposal facility issued under this chapter shall establish a reserve account to cover the costs of closing the facility in accordance with state and federal regulations. The account shall be designed to ens…

The legislature finds that:(1) The state of Washington has responded to the increasing challenges of safe, affordable disposal of solid waste by an ambitious program of waste reduction, recycling and reuse, as well as strict standards to ensure the safe handling, transportation, …

(1) At least sixty days prior to receiving solid waste generated from outside of the state, the operator of a solid waste disposal site facility shall report to the department the types and quantities of waste to be received from an out-of-state source. The department shall devel…

Any jurisdictional health department may apply to the department for financial aid for the enforcement of rules and regulations promulgated under this chapter. Such application shall contain such information, including budget and program description, as may be prescribed by regul…

The jurisdictional health department applying for state assistance for the enforcement of this chapter shall match such aid allocated by the department in an amount not less than twenty-five percent of the total amount spent for such enforcement activity during the year. The loca…

(1) No person may divert to personal use any recyclable material placed in a container as part of a recycling program, without the consent of the generator of such recyclable material or the solid waste collection company operating under the authority of a town, city, county, or …

(1) Except as otherwise provided in this section or at a solid waste disposal site for which there is a valid permit, after the adoption of regulations or ordinances by any county, city, or jurisdictional board of health providing for the issuance of permits as provided in RCW 70…

Whenever solid wastes dumped in violation of RCW 70A.205.195 contain three or more items bearing the name of one individual, there shall be a rebuttable presumption that the individual whose name appears on such items committed the unlawful act of dumping.[ 2020 c 20 s 1179; 1969…

After January 1, 1988, the department of ecology may prohibit disposal of sewage sludge or septic tank sludge (septage) in landfills for final disposal, except on a temporary, emergency basis, if the jurisdictional health department determines that a potentially unhealthful circu…

The department shall in addition to its other powers and duties:(1) Cooperate with the appropriate federal, state, interstate and local units of government and with appropriate private organizations in carrying out the provisions of this chapter.(2) Coordinate the development of …

The department shall in addition to its other duties and powers under this chapter:(1) Prepare the following:(a) A management system for recycling waste paper generated by state offices and institutions in cooperation with such offices and institutions;(b) An evaluation of existi…

The department shall work closely with the department of commerce, the department of enterprise services, and with other state departments and agencies, the Washington state association of counties, the association of Washington cities, and business associations, to carry out the…

The department is authorized to use referendum 26 (*RCW 43.83.330) funds of the Washington futures account to disburse to local governments in developing solid waste recovery and/or recycling projects.[ 2015 1st sp.s. c 4 s 50; 1975-'76 2nd ex.s. c 41 s 10. Formerly RCW 70.95.267…

The department is authorized to use funds under *RCW 43.83.350 to disburse to local governments in developing solid waste recovery or recycling projects. Priority shall be given to those projects that use incineration of solid waste to produce energy and to recycling projects.[ 2…

The procedural requirements of this chapter shall not apply to any person conducting a remedial action at a facility pursuant to a consent decree, order, or agreed order issued pursuant to chapter 70A.305 RCW, or to the department of ecology when it conducts a remedial action und…

The department of ecology shall determine the best management practices for categories of solid waste in accordance with the priority solid waste management methods established in RCW 70A.205.005. In order to make this determination, the department shall conduct a comprehensive s…

The comprehensive, statewide solid waste stream analysis under RCW 70A.205.240 shall be based on representative solid waste generation areas and solid waste generation sources within the state. The following information and evaluations shall be included:(1) Solid waste generation…

(1) The evaluation of the solid waste stream required in RCW 70A.205.240 shall include the following elements:(a) The department shall determine which management method for each category of solid waste will have the least environmental impact; and(b) The department shall evaluate…

The department shall incorporate the information from the analysis and evaluation conducted under RCW 70A.205.240 through 70A.205.250 to the state solid waste management plan under RCW 70A.205.210. The plan shall be revised periodically as the evaluation and analysis is updated.[…