Title 70A — Title 70A ENVIRONMENTAL HEALTH AND SAFETY

A violation of this chapter, other than a violation of RCW 70A.230.020, is punishable by a civil penalty not to exceed $1,000 for each violation in the case of a first violation. Repeat violators are liable for a civil penalty not to exceed $5,000 for each repeat violation. Penal…

Nothing in this chapter applies to crematories as defined in RCW 68.04.070, alkaline hydrolysis, or natural organic reduction facilities as defined in RCW 68.04.320.[ 2019 c 432 s 33; 2003 c 260 s 10. Formerly RCW 70.95M.090.]Notes:Effective date—2019 c 432: See note following RC…

Nothing in this chapter applies to prescription drugs and devices regulated by the food and drug administration under the federal food, drug, and cosmetic act (21 U.S.C. Sec. 301 et seq.), to biological products regulated by the food and drug administration under the public healt…

Nothing in RCW 70A.230.020, 70A.230.050 (1), (3), or (4), or 70A.230.060 applies to medical equipment or reagents used in medical or research tests regulated by the food and drug administration under the federal food, drug, and cosmetic act (21 U.S.C. Sec. 301 et seq.).[ 2020 c 2…

(1) Beginning July 1, 2007, a person who is known to be pregnant or who is under three years of age shall not be vaccinated with a mercury-containing vaccine or injected with a mercury-containing product that contains more than 0.5 micrograms of mercury per 0.5 milliliter dose.(2…

Any fiscal impact on the department or the department of health that results from the implementation of this chapter must be paid for out of funds that are appropriated by the legislature from the model toxics control operating account for the implementation of the department's p…

The department of ecology shall petition the United States environmental protection agency requesting development of a national mercury repository site.[ 2003 c 260 s 14. Formerly RCW 70.95M.130.]

(1) All persons, residents, government, commercial, industrial, and retail facilities and office buildings must recycle their end-of-life mercury-containing lights.(2) No mercury-containing lights may knowingly be placed in waste containers for disposal at incinerators, waste to …

The legislature finds that beverage containers designed to be opened through the use of detachable metal rings or tabs are hazardous to the health and welfare of the citizens of this state and detrimental to certain wildlife. The detachable parts are susceptible to ingestion by h…

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter:(1) "Beverage" means beer or other malt beverage or mineral water, soda water, or other drink in liquid form and intended for human consumption. The term does not include …

No person may sell or offer to sell at retail in this state any beverage container so designed and constructed that a metal part of the container is detachable in opening the container through use of a metal ring or tab. Nothing in this section prohibits the sale of a beverage co…

The department shall administer and enforce this chapter. The department shall adopt rules interpreting and implementing this chapter. Any rule adopted under this section shall be adopted under the administrative procedure act, chapter 34.05 RCW.[ 1982 c 113 s 4. Formerly RCW 70.…

Except as provided in RCW 43.05.060 through 43.05.080 and 43.05.150, any person who violates any provision of this chapter or any rule adopted under this chapter is subject to a civil penalty not exceeding five hundred dollars for each violation. Each day of a continuing violatio…

This act shall take effect on July 1, 1983. The director of the department of ecology is authorized to take such steps prior to such date as are necessary to ensure that this act is implemented on its effective date.[ 1982 c 113 s 7. Formerly RCW 70.132.900.]

(1) The legislature finds that:(a) Recycling reduces greenhouse gas emissions, conserves energy and landfill space, provides jobs and valuable feedstock materials to industry, promotes health, and protects the environment;(b) Washington has long been a leader in sound management …

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Center" means recycling development center.(2) "Department" means the department of ecology.(3) "Director" means the director of the department of ecology.(4) "Local g…

(1) The recycling development center is created within the department of ecology.(2) The purpose of the center is to provide or facilitate basic and applied research and development, marketing, and policy analysis in furthering the development of markets and processing for recycl…

(1) The center's activities must be guided by an advisory board.(2) The duties of the advisory board are to:(a) Provide advice and guidance on the annual work plan of the center; and(b) Evaluate, analyze, and make recommendations on state policies that may affect markets for recy…

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Beverage" means beverages identified in (a) through (f) of this subsection, intended for human or animal consumption, and in a quantity more than or equal to two fluid…

(1)(a) Beginning January 1, 2023, producers that offer for sale, sell, or distribute in or into Washington:(i) Beverages other than wine in 187 milliliter plastic beverage containers and dairy milk in plastic beverage containers must meet minimum postconsumer recycled content req…

(1)(a) Except as provided in (b) and (c) of this subsection, beginning April 1, 2024, each producer of covered products, individually or through a third party representing a group of producers, must provide an annual report to the department that includes the amount in pounds of …

(1)(a) A producer that does not meet the minimum postconsumer recycled content requirements pursuant to RCW 70A.245.020 is subject to a penalty pursuant to this section. Beginning June 1st of the year following the first year that minimum postconsumer recycled product content req…

(1) For producers out of compliance with the registration, reporting, or labeling requirements of RCW 70A.245.020, 70A.245.030, or 70A.245.060, the department shall provide written notification and offer information to producers. For the purposes of this section, written notifica…

(1) Beginning January 1, 2023, producers shall label each package containing plastic trash bags sold, offered for sale, or distributed in or into Washington with:(a) The name of the producer and the city, state, and country where the producer is located, which may be designated a…

(1)(a) Beginning June 1, 2024, the sale and distribution of the following expanded polystyrene products in or into Washington state is prohibited:(i) A portable container that is designed or intended to be used for cold storage, except for expanded polystyrene containers used for…

(1) Beginning January 1, 2022:(a) Except as provided in (b) of this subsection, a food service business may provide the following single use food service products only after affirming that the customer wants the item or items:(i) Utensils;(ii) Straws;(iii) Condiment packaging; an…

(1) The department may conduct audits and investigations for the purpose of ensuring compliance with RCW 70A.245.020 and 70A.245.040 based on the information reported under RCW 70A.245.030.(2) The department shall annually publish a list of registered producers of covered product…

The recycling enhancement account is created in the custody of the state treasurer. All penalties collected by the department pursuant to RCW 70A.245.040, 70A.245.050, and 70A.208.230 must be deposited in the account. Only the director of the department or the director's designee…

The recycled content account is created in the custody of the state treasurer. All receipts received by the department under RCW 70A.245.020 must be deposited in the account. Only the director of the department or the director's designee may authorize expenditures from the accoun…

(1) Subject to the availability of amounts appropriated for this specific purpose prior to January 1, 2028, the department shall contract with a research university or an independent third-party consultant to study the plastic resin markets for all of the following:(a) Analyzing …

(1) Beginning January 1, 2024, it is prohibited to sell, distribute, install, or arrange for the installation of in or into Washington state:(a) Overwater structures containing expanded or extruded plastic foam that is not fully enclosed and contained in a shell made of plastic w…

(1)(a) A lodging establishment may not provide a personal health or beauty product in a small plastic personal health or beauty product container, a plastic wrapper, or any other single-use plastic packaging to a person staying in a lodging unit or within bathrooms shared by the …

The legislature hereby finds and declares:(1) The health and welfare of the people of the state depend on clean and pure environmental resources unaffected by hazardous waste contamination. At the same time, the quality of life of the people of the state is in part based upon a l…

The purpose of this chapter is to establish a comprehensive statewide framework for the planning, regulation, control, and management of hazardous waste which will prevent land, air, and water pollution and conserve the natural, economic, and energy resources of the state. To thi…

The words and phrases defined in this section shall have the meanings indicated when used in this chapter unless the context clearly requires otherwise.(1) "Dangerous wastes" means any discarded, useless, unwanted, or abandoned substances, including but not limited to certain pes…

The department after notice and public hearing shall:(1) Adopt regulations designating as extremely hazardous wastes subject to the provisions of this chapter those substances which exhibit characteristics consistent with the definition provided in RCW 70A.300.010(7);(2) Adopt an…

Notwithstanding any other provision of law, any legal requirement under this chapter, including any standard, limitation, rule, or order is superseded and replaced in accordance with the terms and provisions of an environmental excellence program agreement, entered into under cha…

(1) After the effective date of the regulations adopted by the department designating extremely hazardous wastes, any person planning to dispose of extremely hazardous waste as designated by the department shall provide the operator of the disposal site with a list setting forth …

Solid wastes that designate as dangerous waste or extremely hazardous waste but do not designate as hazardous waste under federal law are conditionally exempt from the requirements of this chapter, if:(1) The waste is generated pursuant to a consent decree issued under chapter 70…

(1) The department through the *department of general administration, is authorized to acquire interests in real property from the federal government on the Hanford Reservation by gift, purchase, lease, or other means, to be used for the purpose of developing, operating, and main…

(1) No person shall dispose of designated extremely hazardous wastes at any disposal site in the state other than the disposal site established and approved for such purpose under provisions of this chapter, except:(a) When such wastes are going to a processing facility which wil…

The department may elect to receive dangerous waste at the site provided under this chapter, provided(1) it is upon request of the owner, producer, or person having custody of the waste, and(2) upon the payment of a fee to cover disposal(3) it can be reasonably demonstrated that …

(1) Except as provided in RCW 43.05.060 through 43.05.080 and 43.05.150, every person who fails to comply with any provision of this chapter or of the rules adopted thereunder shall be subjected to a penalty in an amount of not more than ten thousand dollars per day for every suc…

(1) Any person who knowingly transports, treats, stores, handles, disposes of, or exports a hazardous substance in violation of this chapter is guilty of: (a) A class B felony punishable according to chapter 9A.20 RCW if the person knows at the time that the conduct constituting …

In addition to the penalties imposed pursuant to RCW 70A.300.090, any person who violates any provisions of this chapter, or of the rules implementing this chapter, and any person who knowingly aids or abets another in conducting any violation of any provisions of this chapter, o…

(1) Whenever on the basis on any information the department determines that a person has violated or is about to violate any provision of this chapter, the department may issue an order requiring compliance either immediately or within a specified period of time. The order shall …

A person injured as a result of a violation of this chapter or the rules adopted thereunder may bring an action in superior court for the recovery of the damages. A conviction or imposition of a penalty under this chapter is not a prerequisite to an action under this section.The …

The department in performing its duties under this chapter may:(1) Conduct studies and coordinate research programs pertaining to extremely hazardous waste management;(2) Render technical assistance to generators of dangerous and extremely hazardous wastes and to state and local …

The department of ecology shall regulate under this chapter, wastes generated from the salvaging, rebuilding, or discarding of transformers or capacitors that have been sold or otherwise transferred for salvage or disposal after the completion or termination of their useful lives…

The department of ecology may regulate all hazardous wastes, including those composed of both radioactive and hazardous components, to the extent it is not preempted by federal law.[ 1987 c 488 s 2. Formerly RCW 70.105.109.]