WSR 04-14-055

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF ECOLOGY


[ Order 04-12 -- Filed June 30, 2004, 2:15 p.m. ]

Subject of Possible Rule Making: Amending the definitions of "clean soils and dredged material" and "contaminated soils and dredged material," and the approach to managing soils containing contaminants, set forth in chapter 173-350 WAC, Solid waste handling standards.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 70.95 RCW.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Several stakeholders have expressed concern with the current approach to managing soils containing contaminants. The current rule provides a very flexible system for managing soils and dredged material. Our intent is to provide greater certainty and a more consistent statewide regulatory system.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: There are no other state and federal agencies with regulatory authority for this subject.

Process for Developing New Rule: Agency study; and we will convene an External Advisory Committee (EAC) to help formulate approaches to defining and managing soils containing contaminants. The EAC will be comprised of stakeholders and other interested parties. Additionally, we will conduct public workshops on the proposed rule amendments in the latter stages of rule development.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Mike Hibbler, Project Manager, Washington State Department of Ecology, 4601 North Monroe, Spokane, WA 99205, (509) 329-3466, mhib461@ecy.wa.gov; or Wayne Krafft, Technical Lead, Washington State Department of Ecology, 4601 North Monroe, Spokane, WA 99205, (509) 329-3438, akra461@ecy.wa.gov.

To be added to a notification mailing list please contact Brenda Pozega, Washington State Department of Ecology, 4601 North Monroe, Spokane, WA 99205, (509) 329-3548, bpoz461@ecy.wa.gov.

June 30, 2004

Cullen Stephenson

Program Manager

Legislature Code Reviser 

Register

Washington State Code Reviser's Office