Title 70A — Title 70A ENVIRONMENTAL HEALTH AND SAFETY

The legislature finds that the safe transporting, handling, storage, or otherwise caring for radioactive wastes is required to protect the health, safety, and welfare of the citizens of the state of Washington. It is the purpose of this chapter to establish authority for the stat…

As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise.(1) "Commercial low-level radioactive waste disposal facility" has the same meaning as "facility" as defined in RCW 70A.380.010.(2) "Department" means the depart…

The department of ecology is designated as the executive branch agency for participation in the federal nuclear waste policy act of 1982 and the federal low-level radioactive waste policy act of 1980, however the legislature retains an autonomous role with respect to participatio…

All departments, agencies, and officers of this state and its subdivisions shall cooperate with the department of ecology in the furtherance of any of its activities pursuant to this chapter.[ 1989 c 322 s 3; 1984 c 161 s 4; 1983 1st ex.s. c 19 s 3. Formerly RCW 43.200.030.]

The department of ecology shall adopt such rules as are necessary to carry out responsibilities under this chapter. The department of ecology is authorized to adopt such rules as are necessary to carry out its responsibilities under chapter 70A.380 RCW.[ 2020 c 20 s 1054; 1989 c …

The director of ecology shall, in addition to the powers and duties otherwise imposed by law, have the following special powers and duties:(1) To fulfill the responsibilities of the state under the lease between the state of Washington and the federal government executed Septembe…

The governor may assess surcharges and penalty surcharges on the disposal of waste at the commercial low-level radioactive waste disposal facility. The surcharges may be imposed up to the maximum extent permitted by federal law. Ten dollars per cubic foot of the moneys received u…

Except as provided in chapter 70A.388 RCW related to administration of a user permit system, the department of ecology shall be the state agency responsible for implementation of the federal low-level radioactive waste policy amendments act of 1985, including:(1) Collecting and a…

The department of ecology shall perform studies, by contract or otherwise, to define site closure and perpetual care and maintenance requirements for the commercial low-level radioactive waste disposal facility and to assess the adequacy of insurance coverage for general liabilit…

(1) The director of the department of ecology may periodically review the potential for bodily injury and property damage arising from the transportation and disposal of commercial low-level radioactive waste under permits issued by the state.(2) In making the determination of th…

Beginning January 1, 1993, the department of ecology may impose a reasonable site closure fee if necessary to be deposited in the site closure account established under RCW 70A.384.050. The department may continue to collect moneys for the site closure account until the account c…

The director of the department of ecology shall require that generators of waste pay a fee for each cubic foot of waste disposed at any facility in the state equal to six dollars and fifty cents. The fee shall be imposed specifically on the generator of the waste and shall not be…

A portion of the surcharge received under RCW 70A.384.110 shall be remitted monthly to the county in which the low-level radioactive waste disposal facility is located in the following manner:(1) During 1993, six dollars and fifty cents per cubic foot of waste;(2) During 1994, th…

Except for moneys that may be remitted to a county in which a low-level radioactive waste disposal facility is located, all surcharges authorized under RCW 70A.384.110 shall be deposited in the fund created in RCW 43.31.422.[ 2020 c 20 s 1061; 1991 c 272 s 18. Formerly RCW 43.200…

The rules of strict construction do not apply to this chapter and it shall be liberally construed in order to carry out the objective for which it is designed, in accordance with the legislative intent to give the board the maximum possible freedom in carrying the provisions of t…

If any part of this act shall be found to be in conflict with federal requirements which are a prescribed condition to the allocation of federal funds to the state, such conflicting part of this act is hereby declared to be inoperative solely to the extent of such conflict and wi…

The provisions of this act shall not have the effect of reducing the level of liability coverage required under any law, regulation, or contract of the state before December 31, 1987, or the effective date of the first determination made pursuant to RCW 70A.384.090, if earlier.[ …

(1) The site use permit program is transferred from the department of ecology to the department of health.(2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of ecology site use permit program shall be del…