Title 70A — Title 70A ENVIRONMENTAL HEALTH AND SAFETY

(1) A generator operating at an electric generating project with an installed generator capacity of at least seven hundred fifty kilowatts but not exceeding one thousand kilowatts, that is in operation on June 7, 2012, and began operating after 2008, and that is located on agricu…

(1) The department shall have all the powers as provided in RCW 70A.15.2040.(2) The department, in addition to any other powers vested in it by law after consideration at a public hearing held in accordance with chapters 42.30 and 34.05 RCW shall:(a) Adopt rules establishing air …

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

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 is authorized to contract for or otherwise agree to the use of personnel of municipal corporations or other agencies or private persons; and the department is further authorized to reimburse such municipal corporations or agencies for the employment of such personn…

No provision of this chapter or any recommendation of the state board or of any local or regional air pollution program is a limitation:(1) On the power of any city, town or county to declare, prohibit and abate nuisances.(2) On the power of the secretary of social and health ser…

(1) Every activated authority operating an air pollution control program shall have requirements for the control of emissions which are no less stringent than those adopted by the department of ecology for the geographic area in which such air pollution control program is located…

(1) Any authority may apply to the department for state financial aid. The department shall annually establish the amount of state funds available for the local authorities taking into consideration available federal and state funds. The establishment of funding amounts shall be …

The department may, at any time and on its own motion, hold a hearing to determine if the activation of an authority is necessary for the prevention, abatement, and control of air pollution which exists or is likely to exist in any area of the state. Notice of such hearing shall …

If the department finds, after public hearing upon due notice to all interested parties, that the emissions from a particular type or class of air contaminant source should be regulated on a statewide basis in the public interest and for the protection of the welfare of the citiz…

If, at the end of ninety days after the department issues a report as provided for in RCW 70A.15.3070, to appropriate county or counties recommending the activation of an authority such county or counties have not performed those actions recommended by the department, and the dep…

At any time after an authority has been activated for no less than one year, the department may, on its own motion, conduct a hearing held in accordance with chapters 42.30 and 34.05 RCW, to determine whether or not the air pollution prevention and control program of such authori…

(1) If, after thirty days from the time that the department issues a report or order to an authority under RCW 70A.15.3090 and 70A.15.3100, such authority has not taken action which indicates that it is attempting in good faith to implement the recommendations or actions of the d…

It is declared to be the intent of the legislature of the state of Washington that any state department or agency having jurisdiction over any building, installation, other property, or other activity creating or likely to create significant air pollution shall cooperate with the…

(1) The department of health shall have all the enforcement powers as provided in RCW 70A.15.3010, 70A.15.3140, 70A.15.3150, 70A.15.3160 (1) through (7), and 70A.15.3170 with respect to emissions of radionuclides. This section does not preclude the department of ecology from exer…

Notwithstanding the existence or use of any other remedy, whenever any person has engaged in, or is about to engage in, any acts or practices which constitute or will constitute a violation of any provision of this chapter, or any rule, regulation or order issued thereunder, the …

(1) Any person who knowingly violates any of the provisions of this chapter, chapter 70A.25 or 70A.60 RCW, or any ordinance, resolution, or regulation in force pursuant thereto is guilty of a gross misdemeanor and upon conviction thereof shall be punished by a fine of not more th…

(1)(a) Except as provided in RCW 43.05.060 through 43.05.080 and 43.05.150, and in addition to or as an alternate to any other penalty provided by law, any person who violates any of the provisions of this chapter, chapter 70A.25, 70A.60, 70A.450, or 70A.540 RCW, RCW 76.04.205, o…

As an additional means of enforcing this chapter, the governing body or board may accept an assurance of discontinuance of any act or practice deemed in violation of this chapter or of any ordinance, resolution, rule or regulation adopted pursuant hereto, from any person engaging…

This chapter may be known and cited as the "Washington Clean Air Act".[ 1967 c 238 s 63. Formerly RCW 70.94.440.]Notes:Short title—1991 c 199: "This chapter shall be known and may be cited as the clean air Washington act." [ 1991 c 199 s 721.]

In the interest of the public health and welfare and in keeping with the objectives of RCW 70A.15.1005, the legislature declares it to be the public policy of the state to control, reduce, and prevent air pollution caused by woodstove emissions. It is the state's policy to reduce…

Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 70A.15.3510 through 70A.15.3620:(1) "Authority" means any air pollution control agency whose jurisdictional boundaries are coextensive with the boundaries of one or more counties.(…

After January 1, 1992, no used solid fuel burning device shall be installed in new or existing buildings unless such device is either Oregon department of environmental quality phase II or United States environmental protection agency certified or a pellet stove either certified …

The department of ecology shall establish by rule under chapter 34.05 RCW:(1) Statewide emission performance standards for new solid fuel burning devices. Notwithstanding any other provision of this chapter which allows an authority to adopt more stringent emission standards, no …

After July 1, 1988, no person shall sell, offer to sell, or knowingly advertise to sell a new woodstove in this state to a resident of this state unless the woodstove has been approved by the department under the program established under RCW 70A.15.3530.[ 2020 c 20 s 1116; 1995 …

After July 1, 1988, any person who sells, offers to sell, or knowingly advertises to sell a new woodstove in this state in violation of RCW 70A.15.3540 shall be subject to the penalties and enforcement actions under this chapter.[ 2020 c 20 s 1117; 1987 c 405 s 8. Formerly RCW 70…

Nothing in RCW 70A.15.3540 or 70A.15.3550 shall apply to a radio station, television station, publisher, printer, or distributor of a newspaper, magazine, billboard, or other advertising medium that accepts advertising in good faith and without knowledge of its violation of RCW 7…

(1) The department shall establish, by rule under chapter 34.05 RCW, (a) a statewide opacity level of twenty percent for residential solid fuel burning devices for the purpose of enforcement on a complaint basis and (b) a statewide opacity of ten percent for purposes of public ed…

(1) Any person in a residence or commercial establishment which has an adequate source of heat without burning wood shall:(a) Not burn wood in any solid fuel burning device whenever the department has determined under RCW 70A.15.6010 that any air pollution episode exists in that …

A condominium owners' association or an association formed by residents of a multiple-family dwelling are not liable for violations of RCW 70A.15.3580 by a resident of a condominium or multiple-family dwelling. The associations shall cooperate with local air pollution control aut…

(1) Unless allowed by rule under chapter 34.05 RCW, a person shall not cause or allow any of the following materials to be burned in any residential solid fuel burning device:(a) Garbage;(b) Treated wood;(c) Plastics;(d) Rubber products;(e) Animals;(f) Asphaltic products;(g) Wast…

(1) The department of ecology shall establish a program to educate woodstove dealers and the public about:(a) The effects of woodstove emissions on health and air quality;(b) Methods of achieving better efficiency and emission performance from woodstoves;(c) Woodstoves that have …

(1) The woodstove education and enforcement account is hereby created in the state treasury. Money placed in the account shall include all money received under subsection (2) of this section and any other money appropriated by the legislature. Money in the account shall be spent …

The legislature finds that there are some communities in the state in which the national ambient air quality standards for PM 2.5 are exceeded, primarily due to woodsmoke emissions, and that current strategies are not sufficient to reduce woodsmoke emissions to levels that comply…

The legislature finds that automotive traffic in Washington's metropolitan areas is the major source of emissions of air contaminants. This air pollution causes significant harm to public health, causes damage to trees, plants, structures, and materials and degrades the quality o…

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.(1) "A major employer" means a private or public employer, including state agencies, that employs one hundred or more full-time employees at a single worksite who begin th…

(1) Each county containing an urban growth area, designated pursuant to RCW 36.70A.110, and each city within an urban growth area with a state highway segment exceeding the one hundred person hours of delay threshold calculated by the department of transportation, as well as thos…

(1) A county, city, or town may, as part of its commute trip reduction plan, designate existing activity centers listed in its comprehensive plan or new activity centers as growth and transportation efficiency centers and establish a transportation demand management program in th…

(1) State agency worksites are subject to the same requirements under this section and RCW 70A.15.4050 as private employers.(2) Not more than ninety days after the adoption of a jurisdiction's commute trip reduction plan, each major employer in that jurisdiction shall perform a b…

(1) Each jurisdiction implementing a commute trip reduction plan under this chapter or as part of a plan or ordinance developed under RCW 36.70A.070 shall review each employer's initial commute trip reduction program to determine if the program is likely to meet the applicable co…

(1) A sixteen member state commute trip reduction board is established as follows:(a) The secretary of transportation or the secretary's designee who shall serve as chair;(b) One representative from the office of financial management;(c) The director or the director's designee of…

(1) The department of transportation shall provide staff support to the commute trip reduction board in carrying out the requirements of RCW 70A.15.4060.(2) The department of transportation shall provide technical assistance to regional transportation planning organizations, coun…

A portion of the funds made available for the purposes of this chapter shall be used to fund the commute trip reduction board in carrying out the responsibilities of RCW 70A.15.4060, and the department of transportation, including the activities authorized under RCW 70A.15.4070(2…

The legislature hereby recognizes the state's crucial leadership role in establishing and implementing effective commute trip reduction programs. Therefore, it is the policy of the state that the department of transportation and other state agencies, including institutions of hig…

(1) The secretary of the department of transportation may coordinate an interagency board or other interested parties for the purpose of developing policies or guidelines that promote consistency among state agency commute trip reduction programs required by RCW 70A.15.4020 and 7…

Nothing in chapter 329, Laws of 2006 preempts the ability of state employees to collectively bargain over commute trip reduction issues, including parking fees under chapter 41.80 RCW, or the ability of private sector employees to collectively bargain over commute trip reduction …

(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 …

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…

(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…

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…