Title 90, Title 90 WATER RIGHTS—ENVIRONMENT
31 chapters · 660 sections in this title.
RCW 90.56.005 Findings—Purpose.
5.5K chars
(1) The legislature declares that waterborne transportation as a source of supply for oil and hazardous substances poses special concern for the state of Washington. Each year billions of gallons of crude oil and refined petroleum products are transported as cargo and fuel by ves…
RCW 90.56.010 Definitions.
10.5K chars
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Best achievable protection" means the highest level of protection that can be achieved through the use of the best achievable technology and those staffing levels, tra…
RCW 90.56.020 Director responsible for spill response.
1.1K chars
Except as otherwise specifically provided in this chapter or other law, the director has the primary authority, in conformance with the statewide master oil and hazardous substance spill prevention and contingency plan adopted pursuant to RCW 90.56.060 and any applicable continge…
RCW 90.56.030 Powers and duties.
0.4K chars
The powers, duties, and functions conferred by this chapter shall be exercised by the department of ecology and shall be deemed an essential government function in the exercise of the police power of the state. Such powers, duties, and functions of the department shall extend to …
RCW 90.56.040 Authority supplemental.
0.4K chars
This chapter grants authority to the department which is supplemental to and in no way reduces or otherwise modifies the powers granted to the department by other statutes.[ 1991 c 200 s 105; 1987 c 109 s 153; 1969 ex.s. c 133 s 11. Formerly RCW 90.48.365.]Notes:Purpose—Short tit…
RCW 90.56.050 Rules.
1.0K chars
The department may adopt rules including but not limited to the following matters:(1) Procedures and methods of reporting discharges and other occurrences prohibited by this chapter;(2) Procedures, methods, means, and equipment to be used by persons subject to regulation by this …
RCW 90.56.060 Statewide master oil and hazardous substance spill prevention and contingency plan—Evaluation and revision or elimination of advisory committees.
4.0K chars
(1)(a) The department shall prepare and annually update a statewide master oil and hazardous substance spill prevention and contingency plan. In preparing the plan, the department shall consult with an advisory committee representing diverse interests concerned with oil and hazar…
RCW 90.56.070 Coordination with federal law.
0.2K chars
In carrying out the purposes of this chapter, including the adoption of rules for contingency plans, the department shall to the greatest extent practicable implement this chapter in a manner consistent with federal law.[ 1991 c 200 s 108.]
RCW 90.56.080 Hazardous substances incident response training and education program.
0.8K chars
The division of fire protection services shall establish and manage the Washington oil and hazardous substances incident response training and education program to provide approved classes in hazardous substance response, taught by trained instructors. To carry out this program, …
RCW 90.56.100 Washington wildlife rescue coalition.
3.6K chars
(1) The Washington wildlife rescue coalition is established for the purpose of coordinating the rescue and rehabilitation of wildlife injured or endangered by oil spills or the release of other hazardous substances into the environment.(2) The Washington wildlife rescue coalition…
RCW 90.56.110 Rehabilitation of wildlife—Rules.
0.8K chars
The department of fish and wildlife may adopt rules including, but not limited to, the following:(1) Procedures and methods of handling and caring for waterfowl or other wildlife affected by spills of oil and other hazardous materials;(2) The certification of persons trained in t…
RCW 90.56.200 Prevention plans.
4.9K chars
(1) The owner or operator for each onshore and offshore facility, except as determined in subsection (3) of this section, shall prepare and submit to the department an oil spill prevention plan in conformance with the requirements of this chapter. The plans shall be submitted to …
RCW 90.56.210 Contingency plans.
11.5K chars
(1) Each onshore and offshore facility shall have a contingency plan for the containment and cleanup of oil spills from the facility into the waters of the state and for the protection of fisheries and wildlife, shellfish beds, natural resources, and public and private property f…
RCW 90.56.2101 Contingency plans—Department to update rules.
0.5K chars
By December 31, 2019, consistent with the authority under RCW 90.56.210, the department must update rules for contingency plans to require:(1) Covered facilities to address situations where oils, depending on their qualities, weathering, environmental factors, and method of disch…
RCW 90.56.220 Facility operation standards.
1.2K chars
(1) The department by rule shall adopt standards for onshore and offshore facilities regarding the equipment and operation of the facilities with respect to the transfer, storage, and handling of oil to ensure that the best achievable protection of the public health and the envir…
RCW 90.56.230 Operations manuals.
2.0K chars
(1) Each owner or operator of an onshore or offshore facility shall prepare an operations manual describing equipment and procedures involving the transfer, storage, and handling of oil that the operator employs or will employ for best achievable protection for the public health …
RCW 90.56.240 Standards for spill management, cleanup, and containment services contractors.
0.7K chars
(1) The department shall by rule establish standards for persons who contract to provide spill management, cleanup, and containment services under contingency plans approved under RCW 90.56.210.(2) For the purposes of this section, "spill management" means managing:(a) Some or al…
RCW 90.56.250 Index of prevention plans and contingency plans—Equipment inventory.
0.4K chars
The department shall annually publish an index of available, up-to-date descriptions of prevention plans and contingency plans for oil spills submitted and approved pursuant to RCW 90.56.200, 90.56.210, 88.46.040, and 88.46.060 and an inventory of equipment available for respondi…
RCW 90.56.260 Adequacy of contingency plans—Practice drills—Report.
0.9K chars
The department shall by rule adopt procedures to determine the adequacy of contingency plans approved under RCW 90.56.210. The rules shall require random practice drills without prior notice that will test the adequacy of the responding entities. The rules may provide for unannou…
RCW 90.56.270 Enforcement of contingency plans.
2.9K chars
(1) The provisions of contingency plans approved by the department under RCW 90.56.210 and prevention plans approved by the department pursuant to RCW 90.56.200 shall be legally binding on those persons submitting them to the department and on their successors, assigns, agents, a…
RCW 90.56.275 Joint large-scale, multiple plan equipment deployment drills of onshore and offshore facilities and covered vessels—Requirements.
1.8K chars
(1) The department is responsible for requiring joint large-scale, multiple plan equipment deployment drills of onshore and offshore facilities and covered vessels under chapter 88.46 RCW to determine the adequacy of the owner's or operator's compliance with the contingency plan …
RCW 90.56.280 Duty to notify coast guard and division of emergency management of discharge.
1.0K chars
It shall be the duty of any person discharging oil or hazardous substances or otherwise causing, permitting, or allowing the same to enter the waters of the state, unless the discharge or entry was expressly authorized by the department prior thereto or authorized by operation of…
RCW 90.56.300 Unlawful operation of facility—Criminal penalties.
1.8K chars
(1) Except as provided in subsection (3) of this section, it shall be unlawful for the owner or operator to knowingly and intentionally operate in this state or on the waters of this state an onshore or offshore facility without an approved contingency plan or an approved prevent…
RCW 90.56.310 Operation of a facility or vessel without contingency or prevention plan or financial responsibility—Civil penalty.
2.6K chars
(1) Except as provided in subsection (3) of this section, it shall be unlawful:(a) For the owner or operator to operate an onshore or offshore facility without an approved contingency plan as required under RCW 90.56.210, a spill prevention plan required by RCW 90.56.200, or fina…
RCW 90.56.320 Unlawful for oil to enter waters—Exceptions.
1.1K chars
It shall be unlawful, except under the circumstances hereafter described in this section, for oil to enter the waters of the state from any ship or any fixed or mobile facility or installation located offshore or onshore whether publicly or privately operated, regardless of the c…
RCW 90.56.330 Additional penalties.
2.4K chars
(1) Except as otherwise provided in RCW 90.56.390, any person who negligently discharges oil, or causes or permits the entry of the same, shall incur, in addition to any other penalty as provided by law, a penalty in an amount of up to one hundred thousand dollars for every such …
RCW 90.56.340 Duty to remove oil.
0.6K chars
It shall be the obligation of any person owning or having control over oil entering waters of the state in violation of RCW 90.56.320 to immediately collect and remove the same. If it is not feasible to collect and remove, said person shall take all practicable actions to contain…
RCW 90.56.350 Investigation, removal, containment, treatment, or dispersal of oil and hazardous substances—Record of expenses.
1.2K chars
The department shall take all actions necessary to respond to a substantial threat of a discharge of oil or hazardous substances into the waters of this state or to collect, investigate, perform surveillance over, remove, contain, treat, or disperse oil or hazardous substances di…
RCW 90.56.360 Liability for expenses.
0.5K chars
Any person who unlawfully discharges oil or hazardous substances into the waters of the state or who poses a substantial threat of discharging oil or hazardous substances into the waters of the state shall be responsible for the necessary expenses incurred by the state in carryin…
RCW 90.56.370 Strict liability of owner or controller of oil—Damages—Exceptions.
2.1K chars
(1) Any person owning oil or having control over oil that enters the waters of the state in violation of RCW 90.56.320 shall be strictly liable, without regard to fault, for the damages to persons or property, public or private, caused by such entry.(2) Damages for which responsi…
RCW 90.56.380 Liability of others for cleanup expenses.
1.0K chars
In addition to any cause of action the state may have to recover necessary expenses for the cleanup of oil pursuant to RCW 90.56.340 and 90.56.330, and except as otherwise provided in RCW 90.56.390, any other person causing the entry of oil shall be directly liable to the state f…
RCW 90.56.390 Liability for removal costs.
2.1K chars
(1)(a) A person is not liable for removal costs or damages that result from actions taken or omitted to be taken in the course of rendering care, assistance, or advice consistent with the national contingency plan or as otherwise directed by the federal on-scene coordinator or by…
RCW 90.56.400 Department investigation of circumstances of entry of oil—Order for reimbursement of expenses—Modification—Action to recover necessary expenses.
2.9K chars
The department shall investigate each activity or project conducted under RCW 90.56.350 to determine, if possible, the circumstances surrounding the entry of oil into waters of the state and the person or persons allowing said entry or responsible for the act or acts which result…
RCW 90.56.410 Right of entry and access to records pertinent to investigations.
1.3K chars
(1) The department, through its duly authorized representatives, shall have the power to enter upon any private or public property, including the boarding of any ship, at any reasonable time, and the owner, managing agent, master, or occupant of such property shall permit such en…
RCW 90.56.420 Authorized discharges of oil—Permits.
0.8K chars
Any person who proposes to discharge oil or cause or permit the entry of same into waters of the state shall prior to such discharge obtain permission from the director. The director is authorized to permit the discharge of oil into waters of the state consistent with the pertine…
RCW 90.56.500 Oil spill response account.
2.5K chars
(1) The state oil spill response account is created in the state treasury. All receipts from RCW 82.23B.020(1) shall be deposited in the account. All costs reimbursed to the state by a responsible party or any other person for responding to a spill of oil shall also be deposited …
RCW 90.56.510 Oil spill prevention account.
3.9K chars
(1) The oil spill prevention account is created in the state treasury. All receipts from RCW 82.23B.020(2) shall be deposited in the account. Moneys from the account may be spent only after appropriation. The account is subject to allotment procedures under chapter 43.88 RCW. If,…
RCW 90.56.530 Reckless operation of a tank vessel—Penalty.
0.5K chars
(1) A person commits the crime of reckless operation of a tank vessel if, while (a) navigating a tank vessel, (b) piloting a tank vessel, or (c) on the vessel control bridge and in control of the motion, direction, or speed of a tank vessel, the person, with recklessness as defin…
RCW 90.56.540 Operation of a vessel while under influence of liquor or drugs—Penalty.
1.1K chars
(1) A person is guilty of operating a vessel while under the influence of intoxicating liquor or drugs if the person operates a covered vessel within this state while:(a) The person has 0.06 grams or more of alcohol per two hundred ten liters of breath, as shown by analysis of th…
RCW 90.56.550 Breath or blood analysis.
2.6K chars
(1) Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by a person while operating a vessel while under the influence of intoxicating liquor or drugs, if the amount of alcohol in the person's blood or breath at the time…
RCW 90.56.560 Limited immunity for blood withdrawal.
0.8K chars
No physician, registered nurse, qualified technician, or hospital, or duly licensed clinical laboratory employing or using services of the physician, registered nurse, or qualified technician, may incur any civil or criminal liability as a result of the act of withdrawing blood f…
RCW 90.56.565 Facilities that receive crude oil from a railroad car—Advanced notice system—Department required to report information—Adoption of rules.
4.1K chars
(1)(a) A facility that receives crude oil from a railroad car must provide advance notice to the department that the facility will receive crude oil from a railroad car, as provided in this section. The advance notice must include the route taken to the facility within the state,…
RCW 90.56.569 Updates to the senate and house of representatives.
0.9K chars
(1) The department must provide to the relevant policy and fiscal committees of the senate and house of representatives updates by December 31, 2019, and December 31, 2021, consistent with the requirements of RCW 43.01.036, as to the progress made in completing state and federal …
RCW 90.56.570 Periodic evaluation and update of planning standards for oil spill response equipment.
0.8K chars
To the extent practicable and consistent with RCW 88.46.180, the department shall periodically evaluate and update planning standards for oil spill response equipment required under contingency plans required by this chapter in order to ensure access in the state to equipment tha…
RCW 90.56.580 Crude oil vapor pressure—Maximum—Penalty.
1.2K chars
(1)(a) A facility constructed or permitted after January 1, 2019, may not load or unload crude oil into or from a rail tank car unless the oil has a vapor pressure of less than nine pounds per square inch.(b) A facility may not load or unload crude oil into or from a rail tank ca…
RCW 90.56.900 Construction—Appeal not to stay order, rule, or regulation.
0.4K chars
This chapter, being necessary for the general welfare, the public health, and the public safety of the state and its inhabitants, shall be liberally construed to effect their purposes. No rule, regulation, or order of the department shall be stayed pending appeal under this chapt…
RCW 90.56.901 Effective dates—1991 c 200.
0.4K chars
(1) Sections 101 through 429, 501 through 706, 805 through 807, 810 through 817, and 901 through 1118 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shal…