Title 70A — Title 70A ENVIRONMENTAL HEALTH AND SAFETY

(1) The model toxics control operating account is hereby created in the state treasury.(2) Moneys in the model toxics control operating account must be used only to carry out the purposes of this chapter, including but not limited to the following:(a) The state's responsibility f…

(1) The model toxics control capital account is hereby created in the state treasury.(2) In addition to the funds deposited into the model toxics control capital account required under RCW 82.21.030, the following moneys must be deposited into the model toxics control capital acc…

(1) The model toxics control stormwater account is hereby created in the state treasury.(2) Moneys in the model toxics control stormwater account must be used for operating and capital programs, activities, and projects identified in subsection (3) of this section directly relati…

This act shall be known as "the model toxics control act."[ 1989 c 2 s 22 (Initiative Measure No. 97, approved November 8, 1988). Formerly RCW 70.105D.900.]

As used in this act, captions constitute no part of the law.[ 1989 c 2 s 21 (Initiative Measure No. 97, approved November 8, 1988). Formerly RCW 70.105D.905.]

The provisions of this act are to be liberally construed to effectuate the policies and purposes of this act. In the event of conflict between the provisions of this act and any other act, the provisions of this act shall govern.[ 1989 c 2 s 19 (Initiative Measure No. 97, approve…

The consent orders and decrees in effect on March 1, 1989, shall remain valid and binding.[ 1989 c 2 s 20 (Initiative Measure No. 97, approved November 8, 1988). Formerly RCW 70.105D.915.]

(1) Sections 1 through 24 of this act shall take effect March 1, 1989, except that the director of ecology and the director of revenue may take whatever actions may be necessary to ensure that sections 1 through 24 of this act are implemented on their effective date.*(2) This sec…

The legislature finds that:(1) The milling of uranium and thorium creates potential hazards to the health of the citizens of the state of Washington in that potentially hazardous radioactive isotopes, decay products of uranium and thorium, naturally occurring in relatively disper…

Unless the context clearly requires a different meaning, the definitions in this section apply throughout this chapter.(1) "Department" means the department of health.(2) "License" means a radioactive materials license issued under chapter 70A.388 RCW and the rules adopted under …

(1) Any person who proposes to operate a uranium or thorium mill within the state of Washington after January 1, 1980, shall obtain a license from the department to mill thorium and uranium. The period of the license shall be determined by the secretary and shall be initially val…

The secretary or his or her representative shall monitor the operations of the mill for compliance with the conditions of the license by the owner or operator. The mill owner or operator shall be responsible for compliance, both during the lifetime of the facility and at shutdown…

On a quarterly basis on and after January 1, 1980, there shall be levied and the department shall collect a charge of five cents per pound on each pound of uranium or thorium compound milled out of the raw ore. All moneys paid to the department from these charges shall be deposit…

In order to provide for the proper care and surveillance of sites under RCW 70A.310.050, the state may acquire by gift or transfer from any government agency, corporation, partnership, or person, all lands, buildings, and grounds necessary to fulfill the purposes of this chapter.…

Recognizing the uncertainty of the existence of a person or corporation in perpetuity, and recognizing that ultimate responsibility to protect the public health and safety must be reposed in a solvent government, without regard to the existence of any particular agency or departm…

If a person licensed by any governmental agency other than the state or if any other governmental agency desires to transfer a site to the state for the purpose of administering or providing perpetual care, a lump sum payment shall be made to the radiation perpetual maintenance f…

Each licensee under this chapter, as a condition of his or her license, shall submit to whatever reasonable on-site inspections and on-site monitoring as required in order for the department to carry out its responsibilities and duties under this chapter. Such on-site inspections…

The secretary or the secretary's duly authorized representative shall require the posting of a bond by licensees to be used exclusively to provide funds in the event of abandonment, default, or other inability of the licensee to meet the requirements of the department. The secret…

A bond shall be accepted by the department if it is a bond issued by a fidelity or surety company admitted to do business in the state of Washington and the fidelity or surety company is found by the state finance commission to be financially secure at licensing and licensing ren…

All bonds forfeited shall be paid to the department for deposit in the radiation perpetual maintenance fund. All moneys in this fund may only be expended by the department as necessary for the protection of the public health and safety and shall not be used for normal operating e…

All state, local, or other governmental agencies, or subdivisions thereof, are exempt from the bonding requirements of this chapter.[ 1987 c 184 s 7; 1979 ex.s. c 110 s 13. Formerly RCW 70.121.130.]Notes:Effective date—1979 ex.s. c 110: See note following RCW 70A.310.010.

If a licensee fails to pay the department within a reasonable time money owed to the state under this chapter, the obligation owed to the state shall constitute a lien on all property, both real and personal, owned by the obligor-licensee when the department records or files, pur…

The attorney general shall use all available methods of obtaining funds owed to the state under this chapter. The attorney general shall foreclose on liens made pursuant to this section, obtain judgments against obligor-licensees and pursue assets of the obligor-licensees found o…

This chapter is cumulative and not exclusive, and no part of this chapter shall be construed to repeal any existing law specifically enacted for the protection of the public health and safety.[ 1979 ex.s. c 110 s 14. Formerly RCW 70.121.900.]Notes:Effective date—1979 ex.s. c 110:…

This chapter may be known as the "Mill Tailings Licensing and Perpetual Care Act of 1979".[ 1979 ex.s. c 110 s 15. Formerly RCW 70.121.905.]Notes:Effective date—1979 ex.s. c 110: See note following RCW 70A.310.010.

The legislature finds:(1) Solid wastes generated in the state are to be managed in the following order of descending priority: (a) Waste reduction; (b) recycling; (c) treatment; (d) energy recovery or incineration; (e) solidification/stabilization; and (f) landfill.(2) Special in…

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.(1) "Department" means the department of ecology.(2) "Director" means the director of the department of ecology or the director's designee.(3) "Dispose" or "disposal" mean…

(1) Prior to managing special incinerator ash, persons who generate special incinerator ash shall develop plans for managing the special incinerator ash. These plans shall:(a) Identify procedures for all aspects relating to the management of the special incinerator ash that are n…

(1) Except as provided in RCW 43.05.060 through 43.05.080 and 43.05.150, any person who violates any provision of a department regulation or regulatory order relating to the management of special incinerator ash shall incur in addition to any other penalty provided by law, a pena…

Whenever a person violates any provision of this chapter or any permit or regulation the department may issue an order appropriate under the circumstances to assure compliance with the chapter, permit, or regulation. Such an order must be served personally or by registered mail u…

The department, with the assistance of the attorney general, may bring any appropriate action at law or in equity, including action for injunctive relief as may be necessary to enforce the provisions of this chapter or any permit or regulation issued thereunder.[ 1987 c 528 s 6. …

Any person found guilty of wilfully violating, without sufficient cause, any of the provisions of this chapter, or permit or order issued pursuant to this chapter is guilty of a gross misdemeanor and upon conviction shall be punished by a fine of up to ten thousand dollars and co…

This chapter shall not apply to municipal solid waste incinerators that are in operation on May 19, 1987, until a special incinerator waste disposal permit is issued in the county where the municipal solid waste incinerator is located, or July 1, 1989, whichever is sooner.[ 1987 …

This chapter shall be known as the special incinerator ash disposal act.[ 1987 c 528 s 11. Formerly RCW 70.138.901.]

The legislature finds that state and local agencies are currently implementing actions to reduce children's exposure to soils that contain hazardous substances. The legislature further finds that it is in the public interest to enhance those efforts in western Washington in areas…

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Area-wide soil contamination" means low to moderate arsenic and lead soil contamination dispersed over a large geographic area.(2) "Child care facility" means a child …

(1) The department, in cooperation with the department of social and health services, the department of health, the office of the superintendent of public instruction, and local health districts, shall assist schools and child care facilities west of the crest of the Cascade moun…

(1) The department shall assist schools and owners and operators of child care facilities located within the central Puget Sound smelter plume. Such assistance may include the following:(a) Technical assistance in conducting qualitative evaluations to determine where area-wide so…

The department of health shall assist the department in implementing this chapter, including but not limited to developing best management practices and guidelines.[ 2005 c 306 s 5. Formerly RCW 70.140.050.]

The department of social and health services shall assist the department by providing information on the location of child care facilities and contacts for these facilities.[ 2005 c 306 s 6. Formerly RCW 70.140.060.]

This chapter does not apply to land devoted primarily to the commercial production of livestock or agricultural commodities.[ 2005 c 306 s 7. Formerly RCW 70.140.070.]

Nothing in this chapter is intended to change ongoing actions or the authority of the department or other agencies to require actions to address soil contamination under existing laws.[ 2005 c 306 s 8. Formerly RCW 70.140.080.]

(1) The legislature finds that:(a) Final regulations adopted by the United States environmental protection agency (EPA) require owners and operators of underground petroleum storage tanks to demonstrate financial responsibility for accidental releases of petroleum as a preconditi…

Unless the context requires otherwise, the definitions in this section apply throughout this chapter.(1) "Accidental release" means any sudden or nonsudden release of petroleum arising from operating an underground storage tank that results in a need for corrective action, bodily…

(1) The pollution liability insurance program trust account is established in the custody of the state treasurer.(a) The following moneys must be deposited in the account:(i) All moneys specified in RCW 82.23A.020 for deposit into the account;(ii) All moneys appropriated to carry…

The director shall provide reinsurance through the pollution liability insurance program trust account to the heating oil pollution liability protection program under chapter 70A.330 RCW.[ 2020 c 20 s 1384; 1995 c 20 s 12. Formerly RCW 70.148.025.]

(1) The Washington pollution liability insurance program is created as an independent agency of the state. The administrative head and appointing authority of the program shall be the director who shall be appointed by the governor, with the consent of the senate, and shall serve…

The director may design the program to cover the costs incurred in determining whether a proposed applicant for pollution insurance under the program meets the underwriting standards of the insurer. In covering such costs the director shall consider the financial resources of the…

The director may adopt rules consistent with this chapter to carry out the purposes of this chapter. All rules shall be adopted in accordance with chapter 34.05 RCW.[ 1990 c 64 s 5; 1989 c 383 s 5. Formerly RCW 70.148.040.]

The director has the following powers and duties:(1) To design and from time to time revise a reinsurance contract providing coverage to an insurer meeting the requirements of this chapter. Before initially entering into a reinsurance contract, the director shall prepare an actua…