Title 70A, ENVIRONMENTAL HEALTH AND SAFETY

(1) The owner or operator of a municipal solid waste landfill with a gas collection and control system must conduct instantaneous or integrated surface monitoring of the landfill surface according to the requirements specified in implementing rules adopted by the department pursu…

(1) The owner or operator of a municipal solid waste landfill must maintain records and prepare reports as prescribed in this section and in the department's implementing rules adopted pursuant to RCW 70A.540.020. (2) The owner or operator of a municipal solid waste landfill must…

(1) Any instrument used for the measurement of methane must be a hydrocarbon detector or other equivalent instrument approved by the department or local authority based on standards adopted by the department that address calibration, specifications, and performance criteria. (2) …

(1) The department or local authority must allow the capping or removal of the gas collection and control system at a closed municipal solid waste landfill, provided the following three requirements are met: (a) The gas collection and control system was in operation for at least …

(1) The owner or operator of a municipal solid waste landfill may request alternatives to the compliance measures, monitoring requirements, and test methods and procedures set forth in RCW 70A.540.040, 70A.540.060, and 70A.540.080, and the department's implementing rules adopted …

The department or local authority may request that any owner or operator of a municipal solid waste landfill demonstrate that a landfill does not meet the applicability criteria specified in RCW 70A.540.020. Such a demonstration must be submitted to the department or local author…

Any person who violates this chapter or any rules that implement this chapter may incur a civil penalty pursuant to RCW 70A.15.3160. The department shall waive penalties in the event the owner or operator of the landfill is actively taking corrective actions to control any methan…

(1) The department and local authorities may assess and collect such fees as may be necessary to recover the direct and indirect costs associated with the implementation of this chapter. (2) Fees collected by the department under this section must be deposited into the air pollut…

The purpose of this chapter is to create a state financial assurance program that adequately protects public health and safety and the environment from impacts due to petroleum underground storage tank system releases and meets the federal requirements for financial assurance so …

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Agency" means the pollution liability insurance agency. (2) "Annual aggregate" means the maximum amount of money the program will pay for all of an owner's or operato…

(1) The agency must establish and administer a state financial assurance program for owners and operators of petroleum underground storage tanks that meets the financial responsibility requirements established under chapter 70A.355 RCW. (2) To participate in the program, an owner…

The agency must by rule establish a fee to recover from owners and operators of registered petroleum underground storage tanks the cost of administering the program. The fee may be collected on an annual basis and may not exceed $25,000 per petroleum underground storage tank per …

(1) The agency may require an owner or operator to return any cost overpayment made by the agency under this chapter. If the cost overpayment is not returned upon request by the agency: (a) The agency may file a lien on the petroleum underground storage tank facility or other pro…

(1) The agency may conduct remedial actions to investigate or clean up a release from a petroleum underground storage tank registered under the state financial assurance program if the following conditions are met: (a) The owner or operator has received, or is eligible to receive…

(1) The agency may conduct remedial actions to investigate or clean up a release from a petroleum underground storage tank, even if the petroleum underground storage tank is not registered under the state financial assurance program, if the following conditions are met: (a) The r…

(1) The agency may file a lien against the petroleum underground storage tank facility where the petroleum underground storage tank is located or property owned by the owner or operator of the petroleum underground storage tank if the agency incurs remedial action costs under RCW…

(1) The following moneys must be deposited into the pollution liability insurance program trust account created in RCW 70A.325.020: (a) All moneys appropriated by the legislature to pay for the agency's operating costs to carry out the purposes of this chapter; (b) All fees or co…

(1) The agency must monitor the performance of the state financial assurance program and, after the end of each biennium, publish a financial report on the program showing administrative and other expenses paid from the program. (2) For each calendar quarter, the agency must dete…

(1) The agency must adopt rules under chapter 34.05 RCW as necessary to carry out the provisions of this chapter. To accelerate remedial actions, the agency may implement the program through interpretative guidance pending adoption of rules. (2) The department of ecology must ado…

(1) A person may request a review by the director of the following agency decisions by submitting a written request, specifying the basis for the review, in accordance with procedures established by the agency: (a) A denial of program eligibility; (b) A denial of eligibility for …

(1) Nothing in this chapter establishes or creates any liability or responsibility on the part of the agency or the state as administrators of the program to pay any costs for remedial actions or third-party claims from any source other than the pollution liability insurance prog…

Officers, employees, and authorized representatives of the agency and the state of Washington are immune from civil liability and no cause of action of any nature may arise from any act or omission in exercising powers and duties under this chapter. [ 2023 c 170 s 14.]

(1) Nothing in this chapter limits the authority of the department of ecology under chapter 70A.305 RCW. (2) Nothing in this chapter affects or modifies the obligations or liability of any person under any other state or federal law. (3) The agency is authorized to recover the co…

This chapter expires July 1, 2030. [ 2023 c 170 s 16.]

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Aircraft detection lighting system" means a sensor-based system that: (a) Is designed to detect approaching aircraft; (b) Automatically activates appropriate obstruct…

(1) Except as provided in *section 3 of this act, beginning July 1, 2023, no new utility-scale wind energy facility with five or more turbines shall commence operations unless the developer, owner, or operator of the facility applies to the federal aviation administration for ins…

(1) A violation of the requirements of this chapter is punishable by a civil penalty of up to $5,000 per day per violation. Penalties are appealable to the pollution control hearings board. (2)(a) The department may enforce the requirements of this chapter. (b) Enforcement of thi…

The legislature finds that: (1) It is in the public interest of the citizens of Washington to encourage the recovery and reuse of materials, such as metals, that replace the output of mining and other extractive industries. (2) Without a dedicated battery stewardship program, bat…

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1)(a) "Battery-containing product" means a product that contains or is packaged with rechargeable or primary batteries that are covered batteries. (b) A "battery-containi…

Beginning January 1, 2027: (1) Each producer selling, making available for sale, or distributing covered batteries or battery-containing products in or into the state of Washington shall participate in an approved Washington state battery stewardship plan through participation in…

(1) Beginning July 1, 2027, for portable batteries, and July 1, 2029, for medium format batteries, a retailer may not sell, offer for sale, distribute, or otherwise make available for sale a covered battery or battery-containing product unless the producer of the covered battery …

(1) By July 1, 2026, or within six months of the adoption of rules under RCW 70A.555.100, whichever comes later, each battery stewardship organization must submit a plan for covered portable batteries to the department for approval. Within 24 months of the date of the initial ado…

(1) Each battery stewardship plan must include performance goals that measure, on an annual basis, the achievements of the program. Performance goals must take into consideration technical feasibility and economic practicality in achieving continuous, meaningful progress in impro…

(1) Each battery stewardship organization must ensure adequate funding is available to fully implement approved battery stewardship plans, including the implementation of aspects of the plan addressing: (a) Battery collection, transporting, and processing; (b) Education and outre…

(1) Battery stewardship organizations implementing a battery stewardship plan must provide for the collection of all covered batteries, including all chemistries and brands of covered batteries, on a free, continuous, convenient, visible, and accessible basis to any person, busin…

(1) Each battery stewardship organization must carry out promotional activities in support of plan implementation including, but not limited to, the development: (a) And maintenance of a website; (b) And distribution of periodic press releases and articles; (c) And placement of a…

(1) By June 1, 2028, and each June 1st thereafter, each battery stewardship organization must submit an annual report to the department covering the preceding calendar year of battery stewardship plan implementation. The report must include: (a) An independent financial assessmen…

(1) The department must adopt rules as necessary for the purpose of implementing, administering, and enforcing this chapter. The department must by rule establish fees, to be paid annually by a battery stewardship organization, that are adequate to cover the department's full cos…

(1)(a) A battery stewardship organization implementing an approved plan may bring a civil action or actions to recover costs, damages, and fees, as specified in this section, from a producer who sells or otherwise makes available in Washington covered batteries or battery-contain…

The responsible battery management account is created in the custody of the state treasurer. All receipts from fees paid under this chapter must be deposited in the account. Only the director of the department or the director's designee may authorize expenditures from the account…

(1) Beginning January 1, 2028, a producer or retailer may only sell, distribute, or offer for sale in or into Washington a large format battery, covered battery, or battery-containing product that contains a battery that is designed or intended to be easily removable from the pro…

Effective July 1, 2027, for portable batteries and July 1, 2029, for medium format batteries, or the first date on which an approved plan begins to be implemented under this chapter by a battery stewardship organization, whichever comes first: (1) All persons must dispose of unwa…

(1) By July 1, 2027, the department must complete an assessment of the opportunities and challenges associated with the end-of-life management of batteries that are not covered batteries, including: (a) Large format batteries; (b) Lead acid batteries that are greater than 11 poun…

Producers or battery stewardship organizations acting on behalf of producers that prepare, submit, and implement a battery stewardship program plan pursuant to this chapter and who are thereby subject to regulation by the department are granted immunity from state laws relating t…

Nothing in this chapter changes or limits the authority of the Washington utilities and transportation commission to regulate collection of solid waste, including curbside collection of residential recyclable materials, nor does this chapter change or limit the authority of a cit…

(1) The legislature finds that certain chemicals used in cosmetic products are linked to harmful impacts on health, such as cancer, birth defects, damage to the reproductive system, organ system toxicity, and endocrine disruption. Many of these chemicals have been identified by t…