Title 70A — Title 70A ENVIRONMENTAL HEALTH AND SAFETY

The legislature and the people of the state of Washington find that:(1) In order to solve the problem of high-level radioactive waste disposal, congress established a process for selecting two sites for the safe, permanent, and regionally equitable disposal of such waste.(2) The …

In order to achieve complete compliance with federal law and protect the health, safety, and welfare of the people of the state of Washington, the governor, the legislature, other statewide elected officials, and the nuclear waste board shall use all legal means necessary to:(1) …

It is the policy of the state of Washington in furtherance of its responsibility to protect the public health and safety and to encourage, insofar as consistent with this responsibility, the industrial and economic growth of the state and to institute and maintain a regulatory an…

It is the purpose of this chapter to effectuate the policies set forth in RCW 70A.388.010 as now or hereafter amended by providing for:(1) A program of effective regulation of sources of ionizing radiation for the protection of the occupational and public health and safety;(2) A …

(1) "By-product material" means any radioactive material (except special nuclear material) yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material.(2)(a) "General license" means a license effective pur…

(1) The department of health is designated as the state radiation control agency, hereinafter referred to as the agency, and shall be the state agency having sole responsibility for administration of the regulatory, licensing, and radiation control provisions of this chapter.(2) …

(1) The agency shall provide by rule or regulation for general or specific licensing of by-product, source, special nuclear materials, or devices or equipment utilizing such materials, or other radioactive material occurring naturally or produced artificially. Such rule or regula…

(1) The agency is empowered to administer a user permit system and issue site use permits for generators, packagers, or brokers to use the commercial low-level radioactive waste disposal facility. The agency may issue a site use permit consistent with the requirements of this cha…

The agency or its duly authorized representative shall have the power to enter at all reasonable times upon any private or public property for the purpose of determining whether or not there is compliance with or violation of the provisions of this chapter and rules and regulatio…

(1) The radiation control agency may require any person who applies for, or holds, a license under this chapter to demonstrate that the person has financial assurance sufficient to assure that liability incurred as a result of licensed operations and activities can be fully satis…

(1) In making the determination of the appropriate level of financial assurance, the secretary shall consider: (a) Any report prepared by the department of ecology pursuant to RCW 70A.384.090; (b) the potential cost of decontamination, treatment, disposal, decommissioning, and cl…

(1) The agency shall require each person who possesses or uses a source of ionizing radiation to maintain necessary records relating to its receipt, use, storage, transfer, or disposal and such other records as the agency may require which will permit the determination of the ext…

(1) The governor, on behalf of this state, is authorized to enter into agreements with the federal government providing for discontinuance of certain of the federal government's responsibilities with respect to sources of ionizing radiation and the assumption thereof by this stat…

(1) The agency is authorized to enter into an agreement or agreements with the federal government, other states, or interstate agencies, whereby this state will perform on a cooperative basis with the federal government, other states, or interstate agencies, inspections or other …

The department of ecology shall seek federal funding, such as is available under the clean air act (42 U.S.C. Sec. 1857 et seq.) and the nuclear waste policy act (42 U.S.C. Sec. 10101 et seq.) to carry out the purposes of RCW 70A.388.040(4)(e).[ 2020 c 20 s 1267; 1985 c 372 s 3. …

(1) The agency shall seek federal financial assistance as authorized by the nuclear waste policy act of 1982, P.L. 97-425 section 116(c), for activities related to the high-level radioactive waste program in the state of Washington. The activities for which federal funding is sou…

(1) In any proceeding under this chapter for the issuance or modification or repeal of rules relating to control of sources of ionizing radiation, the agency shall comply with the requirements of chapter 34.05 RCW, the administrative procedure act.(2) Notwithstanding any other pr…

Notwithstanding the existence or use of any other remedy, whenever any person has engaged in, or is about to engage in, any acts or practices which constitute or will constitute a violation of any provision of this chapter, or any rule, regulation, or order issued thereunder, the…

It shall be unlawful for any person to use, manufacture, produce, transport, transfer, receive, acquire, own, or possess any source of ionizing radiation unless licensed by or registered with, or exempted by the agency in accordance with the provisions of this chapter.[ 1965 c 88…

The agency shall have the authority in the event of an emergency to impound or order the impounding of sources of ionizing radiation in the possession of any person who is not equipped to observe or fails to observe the provisions of this chapter or any rules or regulations issue…

The operation or maintenance of any X-ray, fluoroscopic, or other equipment or apparatus employing roentgen rays, in the fitting of shoes or other footwear or in the viewing of bones in the feet is prohibited. This prohibition does not apply to any licensed physician, surgeon, *p…

This chapter shall not apply to the following sources or conditions:(1) Radiation machines during process of manufacture, or in storage or transit: PROVIDED, That this exclusion shall not apply to functional testing of such machines.(2) Any radioactive material while being transp…

Nothing in this chapter shall be construed to limit the kind or amount of radiation that may be intentionally applied to a person for diagnostic or therapeutic purposes by or under the immediate direction of a licensed practitioner of the healing arts acting within the scope of h…

Any person who violates any of the provisions of this chapter or rules, regulations, or orders in effect pursuant thereto shall be guilty of a gross misdemeanor.[ 1961 c 207 s 20. Formerly RCW 70.98.200.]

The agency shall adopt rules for administering a site use permit program under RCW 70A.388.060.[ 2020 c 20 s 1268; 2012 c 19 s 13. Formerly RCW 70.98.220.]Notes:Effective date—2012 c 19: See note following RCW 70A.384.010.

The provisions of this act relating to the control of by-product, source and special nuclear materials shall become effective on the effective date of the agreement between the federal government and this state as authorized in RCW 70A.388.110. All other provisions of this act sh…

Section headings as used in this chapter do not constitute any part of the law.[ 1961 c 207 s 25. Formerly RCW 70.98.920.]

The people of the state of Washington find that:(1) Radioactive wastes are highly dangerous, in that releases of radioactive materials and emissions to the environment are inimical to the health and welfare of the people of the state of Washington, and contribute to the occurrenc…

The definitions set forth in this section apply throughout this chapter.(1) "Radioactive waste" means unwanted radioactive material, including radioactive residues produced as a result of electric power generation or other reactor operation.(2) "Medical waste" means radioactive w…

Notwithstanding any law, order, or regulation to the contrary, after July 1, 1981, no area within the geographic boundaries of the state of Washington may be used by any person or entity as a temporary, interim, or permanent storage site for radioactive waste, except medical wast…

Notwithstanding any law, order, or regulation to the contrary, after July 1, 1981, no person or entity may transport radioactive waste, except medical waste, generated or otherwise produced outside the geographic boundaries of the state of Washington to any site within the geogra…

(1) A violation of or failure to comply with the provisions of RCW 70A.390.030 or 70A.390.040 is a gross misdemeanor.(2) Any person or entity that violates or fails to comply with the provisions of RCW 70A.390.030 or 70A.390.040 is subject to a civil penalty of one thousand dolla…

Notwithstanding the other provisions of this chapter, the state of Washington may enter into an interstate compact, which will become effective upon ratification by a majority of both houses of the United States Congress, to provide for the regional storage of radioactive wastes.…

This chapter shall be liberally construed to protect the health, safety, and welfare of the individual citizens of the state of Washington.[ 1981 c 1 s 7 (Initiative Measure No. 383, approved November 4, 1980). Formerly RCW 70.99.900.]

This act may be known as the Radioactive Waste Storage and Transportation Act of 1980.[ 1981 c 1 s 9 (Initiative Measure No. 383, approved November 4, 1980). Formerly RCW 70.99.910.]

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Chemical plant" has the same meaning as in WAC 296-24-33001, as that section existed as of January 1, 2018.(2) "Class B firefighting foam" means foams designed for fla…

Beginning July 1, 2018, a person, local government, or state agency may not discharge or otherwise use for training purposes class B firefighting foam that contains intentionally added PFAS chemicals.[ 2018 c 286 s 2. Formerly RCW 70.75A.010.]

(1) Beginning July 1, 2020, a manufacturer of class B firefighting foam may not manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in this state class B firefighting foam to which PFAS chemicals have been intentionally added.(2)(a) The restric…

(1) Beginning July 1, 2018, a manufacturer or other person that sells firefighting personal protective equipment to any person, local government, or state agency must provide written notice to the purchaser at the time of sale if the firefighting personal protective equipment con…

(1) A manufacturer of class B firefighting foam restricted under RCW 70A.400.020 must notify, in writing, persons that sell the manufacturer's products in this state about the provisions of this chapter no less than one year prior to the effective date of the restrictions.(2) A m…

(1) The department may request a certificate of compliance from a manufacturer of class B firefighting foam or firefighting personal protective equipment. A certificate of compliance attests that a manufacturer's product or products meets the requirements of this chapter.(2) Begi…

A manufacturer of class B firefighting foam in violation of RCW 70A.400.020 or 70A.400.040 or a person in violation of RCW 70A.400.010 or 70A.400.030 is subject to a civil penalty not to exceed five thousand dollars for each violation in the case of a first offense. Manufacturers…

Polybrominated diphenyl ethers (PBDEs) have been used extensively as flame retardants in a large number of common household products for the past thirty years. Studies on animals show that PBDEs can impact the developing brain, affecting behavior and learning after birth and into…

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Comestible" means edible.(2) "Commercial decabromo diphenyl ether" or "commercial deca-bde" means the chemical mixture of decabromo diphenyl ether, including associate…

After January 1, 2008, no person may manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in this state noncomestible products containing PBDEs. Exemptions from the prohibition in this section are limited to the following:(1) Products containing…

(1) Except as provided in RCW 70A.405.090, no person may manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in this state mattresses containing commercial deca-bde after January 1, 2008.(2) Except as provided in RCW 70A.405.090, no person may …

(1) The fire safety committee is created for the exclusive purpose of finding whether an alternative identified under RCW 70A.405.030(2)(b) meets applicable fire safety standards.(2) A majority vote of the members of the fire safety committee constitutes a finding that an alterna…

The department and the department of health shall review risk assessments, scientific studies, and other relevant findings regarding alternatives to the use of commercial deca-bde in products not directly addressed in this chapter. If a flame retardant that is safer and technical…

Nothing in this chapter restricts the ability of a manufacturer, importer, or distributor from transporting products containing PBDEs through the state or storing the products in the state for later distribution outside the state.[ 2007 c 65 s 7. Formerly RCW 70.76.060.]

A manufacturer of products containing PBDEs 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.[ 2007 c 65 s 8…