Title 43 — Title 43 STATE GOVERNMENT—EXECUTIVE
178 chapters · 3,474 sections in this title.
RCW 43.21A.731 Chehalis board.
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(1) The Chehalis board is created consisting of seven voting members.(2)(a) Four members of the board must be voting members who are appointed through the governor. The governor shall invite the Confederated Tribes of the Chehalis Reservation and the Quinault Indian Nation to eac…
RCW 43.21A.732 Chehalis basin strategy.
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The Chehalis basin strategy must include a detailed set of actions to reduce flood damage and improve aquatic species habitat. The strategy must be amended by the Chehalis board as necessary to include new scientific information and needed changes to the actions to achieve the ov…
RCW 43.21A.733 Chehalis basin account.
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The Chehalis basin account is created in the state treasury. All receipts from direct appropriations from the legislature, including the proceeds of tax exempt bonds, or moneys directed to the account from any other sources must be deposited in the account. Interest earned by dep…
RCW 43.21A.734 Chehalis basin taxable account.
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The Chehalis basin taxable account is created in the state treasury. All receipts from the proceeds of taxable bonds for the office of Chehalis basin, as well as other moneys directed to the account, must be deposited in the account. Interest earned by deposits in the account wil…
RCW 43.21A.740 Environmental justice obligations of the department of ecology.
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The department must apply and comply with the substantive and procedural requirements of chapter 70A.02 RCW.[ 2021 c 314 s 5.]Notes:Conflict with federal requirements—2021 c 314: See note following RCW 70A.02.005.
RCW 43.21A.900 Chapter to be liberally construed.
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The rule of strict construction shall have no application to this chapter and it shall be liberally construed in order to carry out the broad purposes set forth in RCW 43.21A.020.[ 1970 ex.s. c 62 s 27.]
RCW 43.21A.910 Savings—Permits, standards not affected—Severability—Effective date—1970 ex.s. c 62.
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See notes following RCW 43.21A.010.
RCW 43.21B.001 Definitions.
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The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Business days" means Monday through Friday exclusive of any state or federal holiday.(2) "Date of receipt" means:(a) Five business days after the date of mailing; or(b…
RCW 43.21B.005 Environmental and land use hearings office created—Composition—Administrative appeals judges—Contracts for services—Public access to rulings, decisions, and orders.
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(1) There is created an environmental and land use hearings office of the state of Washington. The environmental and land use hearings office consists of the pollution control hearings board created in RCW 43.21B.010, the shorelines hearings board created in RCW 90.58.170, and th…
RCW 43.21B.010 Pollution control hearings board created—Purpose.
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There is hereby created within the environmental and land use hearings office a pollution control hearings board of the state of Washington.The purpose of the pollution control hearings board is to provide for a more expeditious and efficient disposition of designated environment…
RCW 43.21B.020 Members—Qualifications—Appointment.
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The hearings board shall consist of three members qualified by experience or training in pertinent matters pertaining to the environment, and at least one member of the hearings board shall have been admitted to practice law in this state and engaged in the legal profession at th…
RCW 43.21B.030 Members—Terms—Filling vacancies, term.
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Members of the hearings board shall be appointed for a term of six years and until their successors are appointed and have qualified. In case of a vacancy, it shall be filled by appointment by the governor for the unexpired portion of the term in which said vacancy occurs: PROVID…
RCW 43.21B.040 Removal of member, procedure—As disqualification for reappointment.
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Any member of the hearings board may be removed for inefficiency, malfeasance and misfeasance in office, under specific written charges filed by the governor, who shall transmit such written charges to the member accused and to the chief justice of the supreme court. The chief ju…
RCW 43.21B.050 Governor to determine basis for operation—Compensation if part-time basis, limitation—Reimbursement of travel expenses.
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The hearings board shall operate on either a part-time or a full-time basis, as determined by the governor. If it is determined that the hearings board shall operate on a full-time basis, each member of the hearings board shall receive an annual salary to be determined by the gov…
RCW 43.21B.060 Restrictions upon conduct while member and upon termination of membership.
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Each member of the hearings board: (1) Shall not be a candidate for nor hold any other public office or trust, and shall not engage in any occupation or business interfering with or inconsistent with his or her duty as a member of the hearings board, nor shall he or she serve on …
RCW 43.21B.080 Chair, biennial election of.
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The hearings board shall as soon as practicable after the initial appointment of the members thereof, meet and elect from among its members a chair, and shall at least biennially thereafter meet and elect such a chair.[ 2009 c 549 s 5094; 1970 ex.s. c 62 s 38.]
RCW 43.21B.090 Principal office—Quorum—Hearings—Board powers and duties.
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*** CHANGE IN 2026 *** (SEE 2426.SL) ***The principal office of the hearings board shall be at the state capitol, but it may sit or hold hearings at any other place in the state. A majority of the hearings board shall constitute a quorum for making orders or decisions, promulgati…
RCW 43.21B.100 Board to make findings of fact and written decisions on each case considered—Effective upon signing and filing—Public information.
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The hearings board shall make findings of fact and prepare a written decision in each case decided by it, and such findings and decisions shall be effective upon being signed by two or more members of the hearings board and upon being filed at the hearings board's principal offic…
RCW 43.21B.110 Pollution control hearings board jurisdiction.
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(1) The hearings board shall only have jurisdiction to hear and decide appeals from the following decisions of the department, the director, local conservation districts, the air pollution control boards or authorities as established pursuant to chapter 70A.15 RCW, local health d…
RCW 43.21B.130 Administrative procedure act to apply to appeal of board rules and regulations—Scope of board action on decisions and orders of others.
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The administrative procedure act, chapter 34.05 RCW, shall apply to the appeal of rules and regulations adopted by the board to the same extent as it applied to the review of rules and regulations adopted by the directors and/or boards or commissions of the various departments wh…
RCW 43.21B.160 Appeals—Generally.
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In all appeals, the hearings board shall have all powers relating to administration of oaths, issuance of subpoenas, and taking of depositions as are granted to agencies in chapter 34.05 RCW, the Administrative Procedure Act. The hearings board, and each member thereof, shall be …
RCW 43.21B.170 Proceedings conducted in accordance with published board rules and regulations.
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All proceedings before the hearings board or any of its members shall be conducted in accordance with such rules of practice and procedure as the hearings board may prescribe. The hearings board shall publish such rules and arrange for the reasonable distribution thereof.[ 1995 c…
RCW 43.21B.175 Mediation.
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In all appeals, upon request of one or more parties and with the consent of all parties, the environmental hearings boards may schedule a conference for the purpose of attempting to mediate the case. Mediation must be conducted by an administrative appeals judge or other duly aut…
RCW 43.21B.180 Judicial review—Right of review of decisions pursuant to RCW 43.21B.110.
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Any party aggrieved by a final decision and order of the pollution control hearings board may obtain judicial review of the final decision and order as provided in RCW 34.05.510 through 34.05.598. The state or local agency that issued the decision appealed to the board shall have…
RCW 43.21B.230 Appeals of agency actions.
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(1) Unless otherwise provided by law, any person with standing may commence an appeal to the pollution control hearings board by filing a notice of appeal with the board within thirty days from the date of receipt of the decision being appealed.(2) The appeal is timely if it is f…
RCW 43.21B.240 Department—Air authorities—Adjudicative proceedings, may not conduct.
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The department and air authorities shall not have authority to hold adjudicative proceedings pursuant to the Administrative Procedure Act, chapter 34.05 RCW. Such hearings shall be held by the pollution control hearings board.[ 1989 c 175 s 105; 1987 c 109 s 9; 1970 ex.s. c 62 s …
RCW 43.21B.250 Challenges to consistency of rules adopted pursuant to RCW 43.21C.110 and 43.21C.120—Procedure—Finality.
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(1) All challenges in regard to the consistency of the rules adopted pursuant to RCW 43.21C.120 and with the rules and guidelines adopted pursuant to RCW 43.21C.110 shall be initiated by filing a petition for review with the pollution control hearings board in accordance with rul…
RCW 43.21B.260 Regulations and amendments of activated air pollution control authorities—Filing with hearings board authorized—Evidence.
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Activated air pollution control authorities, established under chapter 70A.15 RCW, may file certified copies of their regulations and amendments thereto with the pollution control hearings board of the state of Washington, and the hearings board shall take judicial note of the co…
RCW 43.21B.300 Penalty procedures.
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*** CHANGE IN 2026 *** (SEE 2251-S2.SL) ***(1) Any civil penalty provided in RCW 18.104.155, 70A.15.3160, 70A.205.280, 70A.230.080, 70A.300.090, 70A.20.050, 70A.245.040, 70A.245.050, 70A.245.070, 70A.245.080, 70A.245.130, 70A.245.140, 70A.65.200, 70A.430.070, 70A.455.090, 70A.500…
RCW 43.21B.305 Appeals that involve penalties of fifteen thousand dollars or less or that involve a derelict or abandoned vessel under RCW 79.100.120.
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(1) In an appeal that involves a penalty of fifteen thousand dollars or less or that involves a derelict or abandoned vessel under RCW 79.100.120, the appeal may be heard by one member of the board, whose decision shall be the final decision of the board. The board shall define b…
RCW 43.21B.310 Appeal of orders.
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(1) The issuing agency in its discretion may stay the effectiveness of any order that has been appealed to the board during the pendency of such an appeal.(2) At any time during the pendency of an appeal of such an order to the board, the appellant may apply pursuant to RCW 43.21…
RCW 43.21B.320 Stays of orders.
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(1) A person appealing to the hearings board an order, not stayed by the issuing agency, may obtain a stay of the effectiveness of that order only as set forth in this section.(2) An appealing party may request a stay by including such a request in the appeal document, in a subse…
RCW 43.21B.330 Summary procedures.
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The hearings board shall develop procedures for summary procedures, consistent with the rules of civil procedure for superior court on summary judgment, to decide cases before it. Such procedures may include provisions for determinations without an oral hearing or hearing by tele…
RCW 43.21B.340 Clean energy projects—Consolidated appeals.
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(1) Where multiple permits for the same underlying clean energy project, as defined in RCW 43.158.010, are appealed to one or more of the environmental boards, as identified in RCW 43.21B.005, the presiding officer shall consolidate the appeals for hearing when one or more of the…
RCW 43.21B.900 Savings—Other powers and duties not affected—Permits, standards not affected—Severability—Effective date—1970 ex.s. c 62.
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See notes following RCW 43.21A.010.
RCW 43.21C.010 Purposes.
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The purposes of this chapter are: (1) To declare a state policy which will encourage productive and enjoyable harmony between humankind and the environment; (2) to promote efforts which will prevent or eliminate damage to the environment and biosphere; (3) and [to] stimulate the …
RCW 43.21C.020 Legislative recognitions—Declaration—Responsibility.
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(1) The legislature, recognizing that a human being depends on biological and physical surroundings for food, shelter, and other needs, and for cultural enrichment as well; and recognizing further the profound impact of a human being's activity on the interrelations of all compon…
RCW 43.21C.030 Guidelines for state agencies, local governments—Statements—Reports—Advice—Information.
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The legislature authorizes and directs that, to the fullest extent possible: (1) The policies, regulations, and laws of the state of Washington shall be interpreted and administered in accordance with the policies set forth in this chapter, and (2) all branches of government of t…
RCW 43.21C.0301 Decisions not subject to RCW 43.21C.030.
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(1) Decisions made under RCW 36.70A.720 pertaining to work plans, as defined in RCW 36.70A.703, are not subject to the requirements of RCW 43.21C.030(2)(c).(2) Decisions made by a county under RCW 36.70A.710 on whether to participate in the voluntary stewardship program establish…
RCW 43.21C.031 Significant impacts.
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(1) An environmental impact statement (the detailed statement required by RCW 43.21C.030(2)(c)) shall be prepared on proposals for legislation and other major actions having a probable significant, adverse environmental impact. The environmental impact statement may be combined w…
RCW 43.21C.0311 Final environmental impact statements—Expeditious manner—Time limit—Reports.
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(1) A lead agency shall aspire to prepare a final environmental impact statement required by RCW 43.21C.030(2) in as expeditious a manner as possible while not compromising the integrity of the analysis.(a) For even the most complex government decisions associated with a broad sc…
RCW 43.21C.033 Threshold determination to be made within ninety days after application is complete.
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(1) Except as provided in subsection (2) of this section, the responsible official shall make a threshold determination on a completed application within ninety days after the application and supporting documentation are complete. The applicant may request an additional thirty da…
RCW 43.21C.034 Use of existing documents.
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Lead agencies are authorized to use in whole or in part existing environmental documents for new project or nonproject actions, if the documents adequately address environmental considerations set forth in RCW 43.21C.030. The prior proposal or action and the new proposal or actio…
RCW 43.21C.035 Certain irrigation projects decisions exempt from RCW 43.21C.030(2)(c).
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Decisions pertaining to applications for appropriation of fifty cubic feet of water per second or less for irrigation projects promulgated by any person, private firm, private corporation or private association without resort to subsidy by either state or federal government pursu…
RCW 43.21C.036 Hazardous substance remedial actions—Procedural requirements and documents to be integrated.
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In conducting a remedial action at a facility pursuant to a consent decree, order, or agreed order issued pursuant to chapter 70A.305 RCW, or if conducted by the department of ecology, the department of ecology to the maximum extent practicable shall integrate the procedural requ…
RCW 43.21C.037 Application of RCW 43.21C.030(2)(c) to forest practices.
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(1) Decisions pertaining to applications for Class I, II, and III forest practices, as defined by rule of the forest practices board under RCW 76.09.050, are not subject to the requirements of RCW 43.21C.030(2)(c) as now or hereafter amended.(2) When the applicable county, city, …
RCW 43.21C.038 Application of RCW 43.21C.030(2)(c) to school closures.
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Nothing in RCW 43.21C.030(2)(c) shall be construed to require the preparation of an environmental impact statement or the making of a threshold determination for any decision or any action commenced subsequent to September 1, 1982, pertaining to a plan, program, or decision for t…
RCW 43.21C.0381 Application of RCW 43.21C.030(2)(c) to decisions pertaining to air operating permits.
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Decisions pertaining to the issuance, renewal, reopening, or revision of an air operating permit under RCW 70A.15.2260 are not subject to the requirements of RCW 43.21C.030(2)(c).[ 2020 c 20 s 1040; 1995 c 172 s 1.]
RCW 43.21C.0382 Application of RCW 43.21C.030(2)(c) to watershed restoration projects—Fish habitat enhancement projects.
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(1) Decisions pertaining to watershed restoration projects as defined in RCW 89.08.460 are not subject to the requirements of RCW 43.21C.030(2)(c).(2) Decisions pertaining to fish habitat enhancement projects meeting the criteria of RCW 77.55.181 and being reviewed and approved a…
RCW 43.21C.0383 Application of RCW 43.21C.030(2)(c) to waste discharge permits.
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The following waste discharge permit actions are not subject to the requirements of RCW 43.21C.030(2)(c):(1) For existing discharges, the issuance, reissuance, or modification of a waste discharge permit that contains conditions no less stringent than federal effluent limitations…