Title 70A — Title 70A ENVIRONMENTAL HEALTH AND SAFETY

(1) All information except for proprietary reports or information obtained by the director and the director's staff in soliciting bids from insurers and in monitoring the insurer selected by the director shall be made public or otherwise disclosed to any person, firm, corporation…

(1) In selecting an insurer to provide pollution liability insurance coverage to owners and operators of underground storage tanks, the director shall evaluate bids based upon criteria established by the director that shall include:(a) The insurer's ability to underwrite pollutio…

If the insurer cancels or refuses to issue or renew a policy, the affected owner or operator may appeal the insurer's decision to the director. The director shall conduct a brief adjudicative proceeding under chapter 34.05 RCW.[ 1990 c 64 s 9; 1989 c 383 s 9. Formerly RCW 70.148.…

(1) The activities and operations of the program are exempt from the provisions and requirements of Title 48 RCW.(2) To the extent of their participation in the program, the activities and operations of the insurer selected by the director to provide liability insurance coverage …

The legislature reserves the right to amend or repeal all or any part of this chapter at any time, and there is no vested right of any kind against such amendment or repeal. All the rights, privileges, or immunities conferred by this chapter or any acts done under it exist subjec…

(1) The director may implement an emergency program, as designed under RCW 70A.325.070.(2) At the legislative session following implementation of an emergency program, the director must provide to the legislature a report on the options available to assist owners and operators in…

This chapter expires July 1, 2030.[ 2016 c 161 s 16; 2012 1st sp.s. c 3 s 2; 2006 c 276 s 3; 2000 c 16 s 1; 1995 c 12 s 2; 1989 c 383 s 13. Formerly RCW 70.148.900.]Notes:Effective date—1995 c 12: See note following RCW 70A.325.070.

The legislature finds that it is in the best interests of all citizens for petroleum storage tank systems to be operated safely and for tank leaks or spills to be dealt with expeditiously. The legislature finds that it is appropriate for an agency with expertise in petroleum to p…

This chapter may be known and cited as the Washington state pollution liability protection act.[ 2017 c 23 s 2; 1995 c 20 s 2. Formerly RCW 70.149.020.]

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Accidental release" means a sudden or nonsudden release of heating oil, occurring after July 23, 1995, from operating a heating oil tank that results in bodily injury,…

The director shall:(1) Design and implement a process to close out existing claims under the heating oil pollution liability insurance program. During this process, the director has authority to maintain the program providing pollution liability insurance for heating oil tanks th…

(1) The activities and operations of the program are exempt from the provisions and requirements of Title 48 RCW and to the extent of their participation in the program, the activities and operations of the insurer selected by the director to provide liability insurance coverage …

(1) The heating oil pollution liability trust account is created in the custody of the state treasurer. All receipts from the pollution liability insurance fee collected under RCW 70A.330.070 and reinsurance premiums shall be deposited into the account. Expenditures from the acco…

(1) A pollution liability insurance fee of one and two-tenths cents per gallon of heating oil purchased within the state shall be imposed on every special fuel dealer, as the term is defined in chapter 82.38 RCW, making sales of heating oil to a user or consumer.(2) The pollution…

The following shall be confidential and exempt under chapter 42.56 RCW, subject to the conditions set forth in this section:(1) All examination and proprietary reports and information obtained by the director and the director's staff in soliciting bids from insurers and in monito…

Nothing contained in this chapter shall authorize any commercial conduct which is prohibited by RCW 19.86.020 through 19.86.060, and no section of this chapter shall be deemed to be an implied repeal of any of those sections of the Revised Code of Washington.[ 1995 c 20 s 10. For…

(1) The pollution liability insurance agency shall identify design criteria for heating oil tanks that provide superior protection against future leaks as compared to standard steel tank designs. Any tank designs identified under this section must either be constructed with fiber…

To ensure the adoption of rules will not delay the process to close out existing claims under the heating oil pollution liability insurance program, the pollution liability insurance agency may continue to process claims through interpretative guidance pending adoption of rules.[…

To ensure the adoption of rules will not delay the implementation of remedial actions, the pollution liability insurance agency may implement the technical advice and assistance program expansion to include petroleum storage tank systems through interpretive guidance pending adop…

The pollution liability insurance agency may not expand the technical advice and assistance program to include petroleum storage tank systems until January 1, 2018. The pollution liability insurance agency may include heating oil tanks, including abandoned and decommissioned tank…

This chapter expires July 1, 2030.[ 2016 c 161 s 17; 2012 1st sp.s. c 3 s 3; 2006 c 276 s 4; 2000 c 16 s 2; 1995 c 20 s 14. Formerly RCW 70.149.900.]

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Department" means the department of ecology.(2) "Metal can" means a single walled container that is manufactured from metal substrate designed to hold or pack food or …

(1) Beginning July 1, 2011, no manufacturer, wholesaler, or retailer may manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in this state, any bottle, cup, or other container, except a metal can, that contains bisphenol A if that container is …

(1) A manufacturer of products that are restricted under this chapter must notify persons that sell the manufacturer's products in this state about the provisions of this chapter no less than ninety days prior to the effective date of the restrictions.(2) A manufacturer that prod…

(1) A manufacturer, wholesaler, or retailer that manufactures, knowingly sells, or distributes products in violation of this chapter is subject to a civil penalty not to exceed five thousand dollars for each violation in the case of a first offense. Manufacturers, wholesalers, or…

Expenses to cover the cost of administering this chapter must be paid from the model toxics control operating account under RCW 70A.305.180.[ 2020 c 20 s 1420; 2019 c 422 s 410; 2010 c 140 s 5. Formerly RCW 70.280.050.]Notes:Effective date—Intent—2019 c 422: See notes following R…

The department may adopt rules as necessary for the purpose of implementing, administering, and enforcing this chapter.[ 2010 c 140 s 6. Formerly RCW 70.280.060.]

The legislature finds that:(1) Brake friction material is an essential component of motor vehicle brakes and is critically important to transportation safety and public safety in general;(2) Debris from brake friction material containing copper and its compounds is generated and …

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Accredited laboratory" means a laboratory that is:(a) Qualified and equipped for testing of products, materials, equipment, and installations in accordance with nation…

(1) No manufacturer, wholesaler, retailer, or distributor may sell or offer for sale brake friction material in Washington state containing any of the following constituents in an amount exceeding the specified concentrations:(a) Asbestiform fibers, 0.1 percent by weight.(b) Cadm…

(1) By December 1, 2015, the department shall review risk assessments, scientific studies, and other relevant analyses regarding alternative brake friction material and determine whether the material may be available. The department shall consider any new science with regard to t…

If, pursuant to RCW 70A.340.040, the department finds that alternative brake friction material is available:(1)(a) By December 31st of the year in which the finding is made, the department shall publish the information required by RCW 70A.340.040 in the Washington State Register …

Any motor vehicle manufacturer or brake friction material manufacturer may apply to the department for an exemption from this chapter for brake friction material intended for a specific motor vehicle model or class of motor vehicles based on special needs or characteristics of th…

(1) By January 1, 2013, and at least every three years thereafter, manufacturers of brake friction material sold or offered for sale in Washington state shall provide data to the department adequate to enable the department to determine concentrations of antimony, copper, nickel,…

(1) Manufacturers of brake friction material offered for sale in Washington state must certify compliance with the requirements of this chapter and mark proof of certification on the brake friction material in accordance with criteria developed under this section.(2) By December …

(1) The department must enforce this chapter. The department may periodically purchase and test brake friction material sold or offered for sale in Washington state to verify that the material complies with this chapter.(2) Enforcement of this chapter by the department must rely …

The department may adopt rules necessary to implement this chapter. Rules adopted by the department under this section may not exceed the terms explicitly established by this chapter.[ 2017 c 204 s 3; 2010 c 147 s 10. Formerly RCW 70.285.100.]

(1) The legislature intends for the pollution liability insurance agency to establish a revolving loan and grant program to assist owners and operators of petroleum underground storage tank systems to: (a) Remediate past releases; (b) upgrade, replace, or remove petroleum undergr…

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Agency" means the Washington state pollution liability insurance agency.(2) "Heating oil tank" means a tank and its connecting pipes, whether above or below ground, or…

(1) The agency shall establish an underground storage tank revolving loan and grant program to provide loans or grants to owners or operators to:(a) Conduct remedial actions in accordance with chapter 70A.305 RCW, including investigations and cleanups of any release or threatened…

(1) A recipient of a loan or grant may not use these funds to conduct remedial actions of a release or threatened release from a petroleum underground storage tank system requiring financial assurances under chapter 70A.355 RCW or subtitle I of the solid waste disposal act (42 U.…

The agency shall partner and enter into a memorandum of agreement with the department of health to implement the revolving loan and grant program.(1) The agency shall approve recipients for loans and grants, structure funding offers to protect applicants with limited economic res…

(1) The agency may conduct remedial actions and investigate or clean up a release or threatened release of a hazardous substance at or affecting an underground storage tank facility if the following conditions are met:(a) The owner or operator received a loan or grant for the und…

(1) The agency may file a lien against the underground storage tank facility if the agency incurs remedial action costs and those costs are unrecovered by the agency.(a) A lien filed under this section may not exceed the remedial action costs incurred by the agency.(b) A lien fil…

(1) The pollution liability insurance agency underground storage tank revolving account is created in the state treasury. All receipts from sources identified under subsection (2) of this section must be deposited into the account. Moneys in the account may be spent only after ap…

By September 1st of each even-numbered year, the agency must provide the office of financial management and the appropriate legislative committees a report on the agency's activities supported by expenditures from the pollution liability insurance agency underground storage tank …

The agency must adopt rules under chapter 34.05 RCW necessary to carry out the provisions of this chapter. To accelerate remedial actions, the agency shall enter into a memorandum of agreement with the department of health under RCW 70A.345.050 within one year of July 1, 2016. To…

Officers, employees, and authorized representatives of the agency and the department of health, 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.[…

Nothing in this chapter limits the authority of the department of ecology under chapter 70A.305 RCW.[ 2020 c 20 s 1443; 2016 c 161 s 12. Formerly RCW 70.340.120.]Notes:Effective date—2016 c 161 ss 1-13: See note following RCW 70A.345.010.

(1) On July 1, 2016, if the cash balance amount in the pollution liability insurance program trust account exceeds seven million five hundred thousand dollars after excluding the reserves under RCW 70A.325.020(2), the state treasurer shall transfer the amount exceeding seven mill…