Title 70A, ENVIRONMENTAL HEALTH AND SAFETY

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…

(1) RCW 70A.345.010 through 70A.345.120 expire July 1, 2030. (2) The expiration of RCW 70A.345.010 through 70A.345.120 does not terminate any of the following rights, obligations, authorities or any provision necessary to carry out: (a) The repayment of loans due and payable to t…

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "6PPD" means the chemical compound N-(1,3-dimethylbutyl)-N'-phenyl-p-phenylenediamine. (2) "Consumer product" means any item, including any component parts and packagi…

Every five years, and consistent with the timeline established in RCW 70A.350.050, the department, in consultation with the department of health, must report to the appropriate committees of the legislature its decision to designate at least five priority chemicals that meet at l…

(1) Every five years, and consistent with the timeline established in RCW 70A.350.050, the department, in consultation with the department of health, shall identify priority consumer products that are a significant source of or use of priority chemicals. The department must submi…

(1) Every five years, and consistent with the timeline established in RCW 70A.350.050, the department, in consultation with the department of health, must determine regulatory actions to increase transparency and to reduce the use of priority chemicals in priority consumer produc…

(1)(a) By June 1, 2020, and consistent with RCW 70A.350.030, the department shall identify priority consumer products that are a significant source of or use of priority chemicals specified in RCW 70A.350.010(14) (a) through (f). (b) By June 1, 2022, and consistent with RCW 70A.3…

(1) A manufacturer that submits information or records to the department under this chapter may request that the information or records be made available only for the confidential use of the department, the director, or the appropriate division of the department. The director sha…

(1) A manufacturer violating a requirement of this chapter, a rule adopted under this chapter, or an order issued under 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 who are repeat …

(1) The department may adopt rules as necessary for the purpose of implementing, administering, and enforcing this chapter. (2)(a) The department must adopt rules to implement the determinations of regulatory actions specified in RCW 70A.350.040(1) (b) or (c). When proposing or a…

(1) For purposes of the regulatory process established in this chapter, the department may consider any product identified in the department's final PFAS chemical action plan dated November 2021 as a source of or use of PFAS chemicals to be a priority consumer product under this …

(1) The department must petition the United States environmental protection agency to reassess its regulations on excluded manufacturing processes from prohibitions on manufacturing, processing, distribution in commerce, and use of PCBs and PCB items under 40 C.F.R. Sec. 761.3 fo…

For the purposes of the regulatory process established in this chapter, a motorized vehicle tire containing 6PPD that is equipped on or intended to be installed as a replacement tire on a motorized vehicle for on-highway use is a priority consumer product. For these priority prod…

(1) For the purposes of the regulatory process established in this chapter, cookware containing lead is a priority consumer product. The department must evaluate lead in cookware as a priority product beginning with the June 1, 2029, review cycle established under RCW 70A.350.050…

This act may be known and cited as the pollution prevention for healthy people and Puget Sound act. [ 2019 c 292 s 14. Formerly RCW 70.365.900.]

The legislature finds that leaking underground storage tanks containing petroleum and other regulated substances pose a serious threat to human health and the environment. To address this threat, the legislature intends for the department of ecology to establish an underground st…

(1) The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (a) "Department" means the department of ecology. (b) "Director" means the director of the department. (c) "Facility compliance tag" means a marker, constructed of met…

(1) The department must adopt rules establishing requirements for all underground storage tanks that are regulated under the federal act, taking into account the various classes or categories of tanks to be regulated. The rules must be consistent with and no less stringent than t…

(1) A city, town, or county may apply to the department to have an area within its jurisdictional boundaries designated an environmentally sensitive area. A city, town, or county may submit a joint application with any other city, town, or county for joint administration under ch…

(1) A person delivering regulated substances to underground storage tanks shall not deliver or deposit regulated substances to underground storage tanks or facilities that do not have a facility compliance tag displayed as required in RCW 70A.355.020(5)(a). Additionally, a person…

(1) If necessary to determine compliance with the requirements of this chapter, an authorized representative of the state engaged in compliance inspections, monitoring, and testing may, by request, require an owner or operator to submit relevant information or documents. The depa…

The director may seek appropriate injunctive or other judicial relief by filing an action in Thurston county superior court or issue such order as the director deems appropriate to: (1) Enjoin any threatened or continuing violation of this chapter or rules adopted under this chap…

(1) A person who fails to notify the department pursuant to tank notification requirements or who submits false information is subject to a civil penalty not to exceed five thousand dollars per violation. (2) A person who violates this chapter or rules adopted under this chapter …

(1) An annual tank fee of one hundred twenty dollars per tank is effective July 1, 2007, to June 30, 2008. An annual tank fee of one hundred forty dollars per tank is effective from July 1, 2008, to June 30, 2009. Effective July 1, 2009, the annual tank fee will increase up to on…

The underground storage tank account is created in the state treasury. Money in the account may only be spent, subject to legislative appropriation, for the administration and enforcement of the underground storage tank program established under this chapter. The account shall co…

(1) Except as provided in RCW 70A.355.030 and subsections (2), (3), (4), and (5) of this section, the rules adopted under this chapter supersede and preempt any state or local underground storage tank law, ordinance, or resolution governing any aspect of regulation covered by the…

Section headings used in this chapter do not constitute any part of the law. [ 1989 c 346 s 15. Formerly RCW 90.76.900.] Notes: Sunset Act application: See note following chapter digest.

If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [ 1989 c 346 s 14. Formerly RCW 90.76.901.] Notes: Sunset Act application…

(1) Except as provided in subsection (2) of this section, RCW 70A.355.040, 70A.355.100, and 19.27.080 take effect on July 1, 1990. (2) This section shall apply only if this act becomes effective as provided under *section 20(2) of this act. [ 2020 c 20 s 1516; 1989 c 346 s 18. Fo…

The Northwest Interstate Compact on Low-Level Radioactive Waste Management is hereby enacted into law and entered into by the state of Washington as a party, and is in full force and effect between the state and other states joining the compact in accordance with the terms of the…

The person designated as the Washington representative to the committee as specified in Article V shall adhere to all provisions of the low-level radioactive waste compact. In considering special conditions or arrangements for access to the state's facilities from wastes generate…

See RCW 70A.384.040.

The Pacific States Agreement on Radioactive Materials Transportation Management is hereby enacted into law and entered into by the state of Washington as a party, and is in full force and effect between the state and other states joining the agreement in accordance with its terms…

(1) Section 1 of this act shall constitute a new chapter in Title 70A RCW. (2) The Washington state designee to the committee shall be appointed by the governor. [ 2020 c 20 s 1052; 1987 c 90 s 2. Formerly RCW 43.146.900.]

The legislature finds that the safe transporting, handling, storage, or otherwise caring for radioactive wastes is required to protect the health, safety, and welfare of the citizens of the state of Washington. It is the purpose of this chapter to establish authority for the stat…

As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise. (1) "Commercial low-level radioactive waste disposal facility" has the same meaning as "facility" as defined in RCW 70A.380.010. (2) "Department" means the depa…

The department of ecology is designated as the executive branch agency for participation in the federal nuclear waste policy act of 1982 and the federal low-level radioactive waste policy act of 1980, however the legislature retains an autonomous role with respect to participatio…

All departments, agencies, and officers of this state and its subdivisions shall cooperate with the department of ecology in the furtherance of any of its activities pursuant to this chapter. [ 1989 c 322 s 3; 1984 c 161 s 4; 1983 1st ex.s. c 19 s 3. Formerly RCW 43.200.030.]

The department of ecology shall adopt such rules as are necessary to carry out responsibilities under this chapter. The department of ecology is authorized to adopt such rules as are necessary to carry out its responsibilities under chapter 70A.380 RCW. [ 2020 c 20 s 1054; 1989 c…

The director of ecology shall, in addition to the powers and duties otherwise imposed by law, have the following special powers and duties: (1) To fulfill the responsibilities of the state under the lease between the state of Washington and the federal government executed Septemb…

The governor may assess surcharges and penalty surcharges on the disposal of waste at the commercial low-level radioactive waste disposal facility. The surcharges may be imposed up to the maximum extent permitted by federal law. Ten dollars per cubic foot of the moneys received u…

Except as provided in chapter 70A.388 RCW related to administration of a user permit system, the department of ecology shall be the state agency responsible for implementation of the federal low-level radioactive waste policy amendments act of 1985, including: (1) Collecting and …

The department of ecology shall perform studies, by contract or otherwise, to define site closure and perpetual care and maintenance requirements for the commercial low-level radioactive waste disposal facility and to assess the adequacy of insurance coverage for general liabilit…

(1) The director of the department of ecology may periodically review the potential for bodily injury and property damage arising from the transportation and disposal of commercial low-level radioactive waste under permits issued by the state. (2) In making the determination of t…