Title 70A — Title 70A ENVIRONMENTAL HEALTH AND SAFETY

Nothing in this chapter relates to radioactive wastes or substances composed of both radioactive and hazardous components, and the department is precluded from using the funds of the hazardous waste assistance account for the regulation and control of such wastes.[ 1990 c 114 s 2…

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.(1) "Container," unless otherwise specified, refers to "rigid plastic container" or "plastic bottle" as those terms are defined in this section.(2) "Distributors" means th…

Except as provided in RCW 70A.220.030(2), after January 1, 1992, no person may distribute, sell, or offer for sale in this state a plastic bottle or rigid plastic container unless the container is labeled with a code identifying the appropriate resin type used to produce the stru…

(1) A person who, after written notice from the department, violates RCW 70A.220.020 is subject to a civil penalty of fifty dollars for each violation up to a maximum of five hundred dollars and may be enjoined from continuing violations. Each distribution constitutes a separate …

The legislature finds and declares that:(1) The management of solid waste can pose a wide range of hazards to public health and safety and to the environment;(2) Packaging comprises a significant percentage of the overall solid waste stream;(3) The presence of heavy metals in pac…

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Food package" means a package or packaging component that is intended for direct food contact and is comprised, in substantial part, of paper, paperboard, or other mat…

The sum of the concentration levels of lead, cadmium, mercury, and hexavalent chromium present in any package or packaging component shall not exceed the following:(1) Six hundred parts per million by weight effective July 1, 1993;(2) Two hundred fifty parts per million by weight…

All packages and packaging components shall be subject to this chapter except the following:(1) Those packages or package components with a code indicating date of manufacture that were manufactured prior to May 21, 1991;(2) Those packages or packaging components that have been p…

A certificate of compliance stating that a package or packaging component is in compliance with the requirements of this chapter shall be developed by its manufacturer. For food packaging, a manufacturer shall develop a compliance certificate by the date of a prohibition taking e…

Requests from a member of the public for any certificate of compliance shall be:(1) Made in writing to the department of ecology;(2) Made specific as to package or packaging component information requested; and(3) Responded to by the department of ecology within ninety days.[ 199…

The department of ecology may prohibit the sale of any package for which a manufacturer has failed to respond to a request by the department for a certificate of compliance within the allotted period of time pursuant to RCW 70A.222.040.[ 2020 c 20 s 1232; 1991 c 319 s 112. Former…

(1) Beginning January 1, 2022, no person may manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in this state food packaging to which PFAS chemicals have been intentionally added in any amount. This prohibition may not take effect until the de…

(1) The legislature finds that:(a) Millions of gallons of used oil are generated each year in this state, and used oil is a valuable petroleum resource that can be recycled;(b) The improper collection, transportation, recycling, use, or disposal of used oil contributes to the pol…

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.(1) "Department" means the department of ecology.(2) "Local government" means a city or county developing a local hazardous waste plan under RCW 70A.300.350.(3) "Lubricati…

(1) Each local government and its local hazardous waste plan under RCW 70A.300.350 is required to include a used oil recycling element. This element shall include:(a) A plan to reach the local goals for household used oil recycling established by the local government and the depa…

(1) The department shall, in consultation with local governments, maintain guidelines for the used oil recycling elements required by RCW 70A.224.020 and, by July 1, 2015, shall develop best management practices for preventing and managing polychlorinated biphenyl contamination a…

(1) A person annually selling one thousand or more gallons of lubricating oil to ultimate consumers for use or installation off the premises, or five hundred or more vehicle oil filters to ultimate consumers for use or installation off the premises within a city or county having …

The department shall conduct a public education program to inform the public of the needs for and benefits of collecting and recycling used oil in order to conserve resources and protect the environment. As part of this program, the department shall:(1) Establish and maintain a s…

(1) Effective January 1, 1992, the use of used oil for dust suppression or weed abatement is prohibited.(2) Effective July 1, 1992, no person may sell or distribute absorbent-based kits, intended for home use, as a means for collecting, recycling, or disposing of used oil.(3) Eff…

(1) By January 1, 1993, the department shall adopt rules requiring any transporter of used oil to comply with minimum notification, invoicing, recordkeeping, and reporting requirements. For the purpose of this section, a transporter means a person engaged in the off-site transpor…

By January 1, 1987, the state fire protection board, in cooperation with the department of ecology, shall develop a statewide standard for the placement of above-ground tanks to collect used oil from private individuals for recycling purposes.[ 1986 c 37 s 1. Formerly RCW 70.95I.…

This chapter shall be known and may be cited as the used oil recycling act.[ 1991 c 319 s 310. Formerly RCW 70.95I.901.]

(1) The legislature finds that:(a) Municipal sewage sludge is an unavoidable by-product of the wastewater treatment process;(b) Population growth and technological improvements in wastewater treatment processes will increase the production of biosolids in the future;(c) Sludge ma…

The purpose of this chapter is to provide the department and local governments with the authority and direction to meet federal regulatory requirements for municipal sewage sludge. The department may seek delegation and administer the sludge permit program required by the federal…

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Biosolids" means municipal sewage sludge that is a primarily organic, semisolid product resulting from the wastewater treatment process, that can be beneficially recyc…

(1) The department shall adopt rules to implement a biosolid management program within 12 months of the adoption of federal rules, 40 C.F.R. Part 503, relating to technical standards for the use and disposal of sewage sludge. The biosolid management program shall, at a minimum, c…

(1) By September 30, 2028, and before developing the report required in RCW 70A.226.020(6)(d), the department must convene and consult with an advisory committee of representatives from:(a) The farming community;(b) Toxicologists;(c) Utilities that produce soil amendments, includ…

(1) The department shall establish annual fees to collect expenses for issuing and administering biosolids permits under this chapter. An initial fee schedule shall be established by rule and shall be adjusted no more often than once every two years. This fee schedule applies to …

The department may work with all appropriate state agencies, local governments, and private entities to establish beneficial uses for biosolids and glassified sewage sludge.[ 1992 c 174 s 5. Formerly RCW 70.95J.030.]

If a person violates any provision of this chapter, or a permit issued or rule adopted pursuant to this chapter, the department may issue an appropriate order to assure compliance with the chapter, permit, or rule.[ 1992 c 174 s 6. Formerly RCW 70.95J.040.]

The department, with the assistance of the attorney general, may bring an action at law or in equity, including an action for injunctive relief, to enforce this chapter or a permit issued or rule adopted by the department pursuant to this chapter.[ 1992 c 174 s 7. Formerly RCW 70…

A person who willfully violates, without sufficient cause, any of the provisions of this chapter, or a permit or order issued pursuant to this chapter, is guilty of a gross misdemeanor. Willful violation of this chapter, or a permit or order issued pursuant to this chapter is a g…

In addition to any other penalty provided by law, a person who violates this chapter or rules or orders adopted or issued pursuant to it shall be subject to a penalty in an amount of up to five thousand dollars a day for each violation. Each violation shall be a separate violatio…

The department may delegate to a local health department the powers necessary to issue and enforce permits to use or dispose of biosolids. A delegation may be withdrawn if the department finds that a local health department is not effectively administering the permit program.[ 19…

(1) Any permit issued by a local health department under RCW 70A.226.090 may be reviewed by the department to ensure that the proposed site or facility conforms with all applicable laws, rules, and standards under this chapter.(2) If the department does not approve or disapprove …

The legislature finds and declares that:(1) It is a matter of statewide concern that biomedical waste be handled in a manner that protects the health, safety, and welfare of the public, the environment, and the workers who handle the waste.(2) Infectious disease transmission has …

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Biomedical waste" means, and is limited to, the following types of waste:(a) "Animal waste" is waste animal carcasses, body parts, and bedding of animals that are know…

The definition of biomedical waste set forth in RCW 70A.228.010 shall be the sole state definition for biomedical waste within the state, and shall preempt biomedical waste definitions established by a local health department or local government.[ 2020 c 20 s 1242; 1992 c 14 s 3.…

(1) At the request of an applicant, the department of health, in consultation with the department of ecology and local health departments, may evaluate the environmental and public health impacts of biomedical waste treatment technologies. The department shall make available the …

(1) A person shall not intentionally place unprotected sharps or a sharps waste container into: (a) Recycling containers provided by a city, county, or solid waste collection company, or any other recycling collection site unless that site is specifically designated by a local he…

(1) A public or private provider of solid waste collection service may provide a program to collect source separated residential sharps waste containers in conjunction with regular collection services.(2) A company collecting source separated residential sharps waste containers s…

Section headings as used in this chapter do not constitute any part of the law.[ 1992 c 14 s 5. Formerly RCW 70.95K.900.]

(1) Sections 2 and 3 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 shall take effect immediately [March 20, 1992].(2) Section 4 of this act shall take e…

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Bulk mercury" includes any elemental, nonamalgamated mercury, regardless of volume quantity or weight and does not include mercury-added products as defined in this se…

(1) Effective January 1, 2004, a manufacturer, wholesaler, or retailer may not knowingly sell at retail a fluorescent lamp if the fluorescent lamp contains mercury and was manufactured after November 30, 2003, unless the fluorescent lamp is labeled in accordance with the guidelin…

The department of health must develop an educational plan for schools, local governments, businesses, and the public on the proper disposal methods for mercury and mercury-added products.[ 2003 c 260 s 4. Formerly RCW 70.95M.030.]

A school may not purchase for use in a primary or secondary classroom bulk elemental mercury or chemical mercury compounds. By January 1, 2006, all primary and secondary schools in the state must remove and properly dispose of all bulk elemental mercury, chemical mercury, and bul…

(1) Effective January 1, 2006, no person may sell, offer for sale, or distribute for sale or use in this state a mercury-added novelty. A manufacturer of mercury-added novelties must notify all retailers that sell the product about the provisions of this section and how to proper…

(1) The *department of general administration must, by January 1, 2005, revise its rules, policies, and guidelines to implement the purpose of this chapter.(2) The department of enterprise services must give priority and preference to the purchase of equipment, supplies, and othe…

The department is authorized to participate in a regional or multistate clearinghouse to assist in carrying out any of the requirements of this chapter. A clearinghouse may also be used for examining notification and label requirements, developing education and outreach activitie…