AN ACT Relating to the environment; amending RCW 70.105A.010, 70.105A.020, and 70.105A.080; adding a new section to chapter 43.21C RCW; adding new sections to chapter 70.105 RCW; adding a new chapter to Title 82 RCW; creating new sections; repealing RCW 70.105A.030, 70.105A.040, 70.105A.050, 70.105A.060, 70.105A.070, 70.105A.900, and 70.105A.905; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. Section 1, chapter 65, Laws of 1983 1st ex. sess. and RCW 70.105A.010 are each amended to read as follows:

PURPOSE. (1) It is the policy of the state of Washington to protect the public health and welfare of all its citizens against the dangers arising from the generation, transport, treatment, storage, and disposal of hazardous wastes and from releases or threatened releases of hazardous substances. In order to reach that policy objective, it is not only necessary to provide state government with broad powers of regulation, control, and removal of these hazardous wastes and substances, including the power to fashion and effectuate remedial directives, but it is imperative that adequate funds are also provided to carry out these powers in a vigorous manner. In the implementation of the provisions of this chapter, the state shall, when appropriate, cooperate with and support federal agencies in their implementation of counterpart federal hazardous waste and substances programs, while pursuing independent state actions whenever it appears they will provide more efficient ((or)) and effective alternative programs to achieve the policies and purposes of this chapter.

(2) The purposes of this chapter are, among others: (a) To supplement the powers already vested in the department of ecology relating to hazardous wastes and to releases or threatened releases of substances which are hazardous to the environment or public health, (b) to provide moneys necessary for the full, sufficient, and efficient implementation of the hazardous waste and substances regulation control and removal program of the state, (c) to encourage reduction of hazardous wastes through recycling and improvement of manufacturing processes, (d) to provide for the cleanup and restoration of those sites within the state at which improper disposal of hazardous waste has occurred, resulting in the potential for deleterious impacts on the health and welfare of the citizens of the state, as well as on the state's natural, environmental, and biological systems, (e) to provide for funding to study, plan, and undertake the rehabilitation, removal, and cleanup of hazardous waste deposited improperly at sites located within the state, ((~~and~~)) (f) to provide funds for matching purposes for participation in the federal Comprehensive Environmental Response, Compensation and Liability Act of 1980, (g) to establish a mechanism to remedy releases and threatened releases of hazardous substances into the state's environment in an expeditious and cost-effective fashion, and (h) to provide flexibility to the department and potentially responsible parties in devising voluntary response action plans so that the public health and the environment are protected.

(3) In implementing this chapter the department shall be guided by the following priorities in descending order:

(a) Voluntary action undertaken by potentially responsible parties without resort to use of the fund with or without the procedures of this chapter;

(b) Voluntary action undertaken by potentially responsible parties that may require a partial contribution from the fund; and

Sec. 2. Section 2, chapter 65, Laws of 1983 1st ex. sess. and RCW 70.105A.020 are each amended to read as follows:

DEFINITIONS. As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise.

(1) "Dangerous waste" shall have the same definition as set forth in RCW 70.105.010(5) and shall specifically include those wastes designated as dangerous by rules adopted pursuant to chapter 70.105 RCW;

(2) "Department" means the department of ecology;

(3) "Extremely hazardous waste" shall have the same definition as set forth in RCW 70.105.010(6) and shall specifically include those wastes designated as extremely hazardous by rules adopted pursuant to chapter 70.105 RCW;

(4) "Hazardous waste" means and includes all dangerous and extremely hazardous wastes;

(5) (("Person" means an individual, trust, firm, joint stock company, partnership, association, state, public or private or municipal corporation, commission, political subdivision of a state, interstate body, the federal government including any agency or officer thereof, and any Indian tribe or authorized tribal organization;

(6) "Identified site" means the same or geographically contiguous property, which may be divided by a public or private right of way, provided that access between the properties occurs at an intersection and crosses, as opposed to goes along, the right of way. Noncontiguous properties owned by the same person but connected by a right of way will be considered a single identified site if the person controls the right of way and can prevent public access;

(7) "Fee" means the annual hazardous waste control and elimination assessment fee imposed under RCW 70.105A.030 and the fee for treatment, storage, and disposal facilities imposed under RCW 70.105A.040;

(8) "Annual gross income" of a business means the value proceeding or accruing during a calendar year by reason of the transaction of the business or service engaged in and includes gross proceeds of sales, compensation for the rendition of services, gains realized from trading in stocks, bonds, or other evidences of indebtedness, interest, discount, rents, royalties, fees, commissions, dividends, and other emoluments however designated, all without any deduction on account of the cost of tangible property sold, the cost of materials used, labor costs, interest, discount, delivery costs, taxes, or any other expense whatsoever paid or accrued and without any deduction on account of losses; and

~~(9)~~)) "Generate" means any act or process which produces hazardous waste or first causes a hazardous waste to become subject to regulation.

(6) "Department" means the department of ecology.

(7) "Director" means the director of the department of ecology or the director's designee.

(8) "Facility" means (a) any building, structure, installation, equipment, pipe or pipeline (including any pipe into a sewer or publicly owned treatment works), well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock, vessel or aircraft, or (b) any site or area where a hazardous substance has been deposited, stored, disposed of, or placed, or otherwise come to be located.

(9) "Hazardous substances" means:

(a) Hazardous wastes;

(b) All materials deemed hazardous substances according to section 101(14) of the federal comprehensive environmental response, compensation, and liability act of 1980 (42 U.S.C. Sec. 9601(14)) as amended by Public Law 99-499;

(d) Solid waste or its decomposition products that present a real and substantial threat to the public health or welfare or the environment;

(e) Any other substance or category of substances determined by the director by rule, to present a threat to the public health or welfare or the environment if released into the environment; or

(f) Substances containing both radioactive and hazardous wastes.

(10) "Hazardous waste notifier" or "notifier" means any person who generates, transports, stores, treats, or disposes of hazardous waste within this state or intends to do so or otherwise is subject to regulation under chapter 70.105 RCW and the regulations promulgated thereunder. If a person who so generates, transports, stores, treats, or disposes of hazardous waste is not subject to assessment of the fee imposed for this chapter, then the first person in this state who may be subject to the fee who handles the waste in question shall be a hazardous waste notifier for the purpose of this chapter.

(11) "Natural resources" means land, water, air, fish, wildlife, or other such resources belonging to, managed by, within the jurisdiction of, or held in trust by the state, a subdivision of the state, municipal corporation, foreign government, or other public entity.

(12) "Owner or operator" means:

(a) In the case of a vessel, any person owning, operating, or chartering such vessel;

(b) Any person with any ownership interest in the facility or who exercises any control over the facility;

(d) The term does not include:

(i) An agency of the state or unit of local government which acquired ownership or control involuntarily through bankruptcy, tax delinquency, abandonment, or circumstances in which the government involuntarily acquires title. This exclusion does not apply to an agency of the state or unit of local government which has caused or contributed to the release or threatened release of a hazardous substance from the facility; or

(ii) A person who, without participating in the management of a vessel or facility, holds indicia of ownership primarily to protect the person's security interest in the vessel or facility.

(13) "Person" means an individual, trust, firm, joint stock company, partnership, association, state, public or private or municipal corporation, commission, political subdivision of a state, interstate body, the federal government including any agency or officer thereof, and any Indian tribe or authorized tribal organization.

(14) "Release" means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, disposing or allowing to seep into the environment, including the abandonment or discarding of barrels, containers, or other closed receptacles containing any hazardous substance, pollution or contaminant.

(15) "Threatened release" means the presence of hazardous substance such that a release is imminent unless a response action is taken.

(16) "Remedy" or "remedial action" means those actions consistent with permanent remedy taken instead of, or in addition to, removal actions in the event of a release or threatened release of a hazardous substance into the environment to prevent or minimize the release of hazardous substances so that they do not migrate to cause substantial danger to present or future public health or welfare or the environment. The term includes, but is not limited to, such actions at the location of the release as storage, confinement, perimeter protection using dikes, trenches, or ditches, clay cover, neutralization, cleanup of released hazardous substances or contaminated materials, recycling or reuse, diversion, destruction, segregation of reactive wastes, dredging or excavations, repair or replacement of leaking containers, collection of leachate and runoff, on-site treatment or incineration, provision of alternative water supplies, and any monitoring reasonably required to assure that such actions protect the public health and welfare and the environment. The term includes the acquisition of property necessary to effect the action and the costs of permanent relocation of residents and businesses and community facilities where the director determines that, alone or in combination with other measures, such relocation is more cost-effective than and environmentally preferable to the transportation, storage, treatment, destruction, or secure disposition offsite of hazardous substances, or may otherwise be necessary to protect the public health or welfare.

(17) "Remove" or "removal" means:

(a) The cleanup or removal of a hazardous substance which has been released into the environment;

(b) Such actions as may be necessary in the event of the threat of a release of hazardous substances into the environment;

(c) Such actions as may be necessary to monitor, assess, and evaluate the release or threat of release of hazardous substances;

(d) The disposal of removed material; or

(e) The taking of such other actions as may be necessary to prevent, minimize, or mitigate damage to the public health or welfare or to the environment which may otherwise result from a release or threat of release of hazardous substance to the environment.

(18) "Respond" or "response" means remove, removal, remedy, and remedial action.

(19) "Response costs" or "costs of response" means all costs incurred in performing a response action, including the costs of indemnifying response action contractors, all other direct and indirect costs and interest attributable to the response action, and, where the response or response action is undertaken by the department, costs of departmental investigation, design, or feasibility study preceding such removal or action and any enforcement activities related thereto.

(20) "Disposal" means the discharge, deposit, injection, dumping, spilling, leaking, placing, or allowing to seep any solid or hazardous waste into or on any land or water.

(21) "Response action contractor" means (a) any person who enters into a response action contract with respect to any release or threatened release of a hazardous substance, pollutant, or contaminant with a responsible party or the state to provide services relating to the response action, or (b) any person who is retained or hired by a person described in (a) of this subsection, or who enters into a contract with such person, to provide any services relating to a response action.

(22) "Response action contract" means any written contract or agreement entered into by a response action contractor to provide services relating to a response action with the department, or any responsible party carrying out a voluntary action plan under section 5 of this 1987 act or complying with a regulatory order under section 13 of this 1987 act.

(23) "Reportable quantity" means that amount of a hazardous substance to be reported pursuant to sections 13 and 19 of this act as set by rule by the department.

NEW SECTION. Sec. 3. DEPARTMENT'S POWERS AND DUTIES. (1) The department may exercise the following powers in addition to any other powers granted by law:

(a) Remove and remedy releases, or threats of releases, of hazardous substances or otherwise mitigate such releases;

(b) Undertake all training, planning, inspecting, sampling, testing, investigating, surveying, analyzing, engineering, constructing, and operating which is necessary or appropriate to prepare for, obtain, and perform removal actions, remedial actions, cleanup actions, and enforcement actions involving releases or threatened releases of hazardous substances;

(d) Make contracts for professional services, technical services, or for construction. However, the department may expedite response to releases or threatened releases of hazardous substances by prequalifying contractors, as long as the prequalification is pursuant to a uniform system of rating bidders;

(e) Carry out all programs of the federal comprehensive environmental response, compensation, and liability act of 1980 as amended by Public Law 99-499. The power to participate in the programs under the federal act includes, but is not limited to, the power to agree to supply state matching funds, subject to legislative appropriation for removal or remedial actions, to assure site maintenance, to assure the availability of a hazardous waste disposal facility, and to make such contracts or cooperative agreements with the federal government as may be necessary under the federal act; or

(f) Participate in and carry out all programs of the federal resource conservation and recovery act of 1976 as amended by Public Law 98-616, which are contemplated for state participation, implementation, or administration under that act.

(2) The department shall: (a) To the greatest extent possible, when it determines that federal funding would facilitate appropriate response action, apply to the federal government for funds to carry out the powers granted by this chapter and may receive and administer those funds, and (b) make best efforts to recover state moneys spent on response action, including administration, overhead, investigation, removal, remedial action, mitigation, any other fund expenditures, and damages.

NEW SECTION. Sec. 4. (1) The department shall maintain a list of all potential hazardous waste sites in the state which the department has under preliminary assessment or inspection, at which the department has undertaken preliminary assessments, site inspections, other site studies, or response actions, or at which the department has knowledge of response action by potentially responsible parties.

(2) By September 30 of each year until 1998, the department shall submit a report to the legislature on hazardous waste cleanup activity in the state during the previous fiscal year. The report shall include at least the following:

(a) The sites where preliminary assessments or inspections were undertaken or completed;

(b) The sites where studies related to potential response actions were undertaken or completed;

(c) The sites where response actions were undertaken or completed either by potentially responsible parties or by the department;

(d) The sites where the department has initiated enforcement actions, and the results of such enforcement actions; and

(e) An accounting of the hazardous waste control and elimination account and the response action reserve account.

NEW SECTION. Sec. 5. RESPONSIBLE PARTIES‑-STANDARD OF LIABILITY. (1) Except as provided in subsection (4) of this section, the following persons are parties responsible for releases or threatened releases of hazardous substances at a facility: (a) The owner or operator of a facility, (b) any person who at the time of disposal of any hazardous substance, or any time since disposal, owned or operated any facility at which the hazardous substances were disposed, (c) any person who (i) owns or possesses hazardous substances and (ii) by contract, agreement, or otherwise arranged for disposal or treatment, or arranged with a transporter for transport for disposal or treatment of the hazardous substances, or otherwise generated hazardous wastes disposed of or treated at the facility, and (d) any person who (i) accepts or accepted any hazardous substances for transport to a disposal, treatment, or other facilities selected by such person from which there is a release or a threatened release of a hazardous substance, unless such disposal or treatment facility, at the time of disposal or treatment, had a permit issued pursuant to chapter 70.105 RCW, or (ii) so accepts such substances for transport where such transporter has reasonable grounds to believe that such facility is not operated in accordance with chapter 70.105 RCW, and the facility is not permitted under chapter 70.105 RCW.

(2) Except as otherwise provided in section 17 of this act, and notwithstanding any other provision or rule of law, any person who is responsible for a release or threatened release of a hazardous substance from a facility is strictly liable, jointly and severally, for the following costs and damages which result from the release or threatened release or to which the release or threatened release contributes:

(a) All response costs incurred by the state, a political subdivision of the state or the United States, including such costs incurred prior to the effective date of this section;

(b) All response costs incurred by any person; and

(c) All damages for any injury to, destruction of, or loss of natural resources, including the reasonable costs of assessing such injury, destruction, or loss.

(3) There shall be no liability under this section imposed on a person who can establish that the release of a hazardous substance for which he would be otherwise responsible was caused solely by:

(a) An act of God;

(b) An act of war; or

(c) An act or omission of a third party, including but not limited to a trespasser, other than an employee or agent, or any person asserting this defense to liability, if all due care is shown to have been exercised, considering the foreseeable acts or omissions of a third party by the person asserting this defense;

(4) The following persons shall not be responsible parties:

(a) Any person who can establish by a preponderance of the evidence that at the time the facility was acquired such person did not know that any hazardous substance which is the subject of the release or threatened release was disposed of on, in, or at the facility; and

(b) Any person who can establish by a preponderance of the evidence that the release of a hazardous substance attributable to such person, and the damages resulting from the release, were insignificant in comparison to both the quantity and toxicity of hazardous substances believed to have been contributed by other potentially responsible parties.

(5)(a) To establish that a person had no reason to know, as provided in subsection (4)(a) of this section, the defendant must have undertaken, at the time of acquisition, all appropriate inquiry into the previous ownership and uses of the property consistent with good commercial or customary practice in an effort to minimize liability. Any court interpreting this subsection shall take into account any specialized knowledge or experience on the part of the defendant, the relationship of the purchase price to the value of the property if uncontaminated, commonly known or reasonably ascertainable information about the property, the obviousness of the presence or likely presence of contamination at the property, and the ability to detect such contamination by appropriate inspection.

(b) Nothing in this section shall diminish the liability of any previous owner or operator of such facility who would otherwise be liable under this chapter. Notwithstanding this subsection, if the defendant obtained actual knowledge of the release or threatened release of a hazardous substance at such facility when the defendant owned the real property, and then subsequently transferred ownership of the property to another person without disclosing such knowledge, such defendant shall be treated as liable and no defense shall be available to such defendant under subsection (3)(c) of this section.

(c) Nothing in this subsection shall affect the liability under this chapter of a defendant who by any act or omission, caused or contributed to the release or threatened release of a hazardous substance which is the subject of the action relating to the facility.

NEW SECTION. Sec. 6. INVESTIGATIONS. (1) If there is a reasonable basis to believe there may be a release or threatened release of a hazardous substance, any officer, employee, or representative designated by the director may require, upon reasonable notice, information or documents relevant to that release or threatened release from a person who has or may have information relevant to (a) the identification, nature, and volume of materials generated, treated, stored, transported to, or disposed of at a facility and the dates thereof, (b) the nature or extent of a release or threatened release of a hazardous substance at or from a facility, (c) the identity of potentially responsible parties, or (d) information relating to the ability of a person to pay for or perform a response action. In addition, upon reasonable notice, the person shall either grant to appropriate representatives access at all reasonable times to inspect documents or records relating to such matters, or copy and furnish to the representatives all documents or records, at the option of the person. The department may, by subpoena, require the attendance and testimony of witnesses and the production of reports, papers, documents, answers to questions, and other information that the department deems necessary. In case of a refusal to obey a subpoena issued pursuant to this subsection, and served upon any person, the superior court for any district in which such person is found, resides, or transacts business shall, upon application by the department and after notice to such person, have jurisdiction to issue an order requiring such person to appear and give testimony before the department, or to appear and produce documents before the department, or both, and any failure to obey such order of the court may be punished by such court as contempt.

(2) Where there is a reasonable basis to believe there may be a release or threatened release of a hazardous substance, the department, its authorized employees, agents, or contractors, or the employees, agents, or contractors of a responsible party acting under an approved response action plan in order to determine the need for response to the release or the threat of release of hazardous substances may, upon reasonable notice, enter upon any real property, public or private, to conduct sampling, inspection, examination, and investigation directed at evaluating the release. In conducting the listed activities, the department shall take all feasible precautions to avoid disrupting the ongoing operation on the site. The department shall provide to the owner, or operator, or person in charge of the facility, if requested, a portion of each sample taken equal in volume or weight to the portion retained. If any analysis is made of such samples, a copy of the results of such analysis shall be furnished promptly to the owner, operator, or person in charge as well as to representatives of the public and other interested persons.

NEW SECTION. Sec. 7. NOTICE OF RESPONSIBILITY. (1) Before the department begins a remedial action, it shall:

(a) Investigate the site or require an investigation pursuant to section 6 of this act to determine to the extent possible:

(i) The identity of each potentially responsible party;

(ii) The type, nature, and volume of the hazardous substances generated, or transported by, or associated with each identified potentially responsible party and the date of disposal; and

(b) Notify interested persons, the public, and the identified potentially responsible parties with the results of the investigation and allow access to the information gathered by the department.

(2) This section shall not apply if the department acts pursuant to section 10(2) of this act.

NEW SECTION. Sec. 8. RESPONSE ACTION PLANS. (1) Any person may submit to the department a response action plan for response action at a facility where there has been a release or threatened release of hazardous substances.

(2) Any person or persons receiving notice under section 6 of this act shall have forty-five days to propose to the department a response action plan. In extraordinary cases, for good cause shown upon written application, the department may grant extensions of up to forty-five days. Such a plan must include a proposed budget for the response action, a binding schedule for completing the elements of the plan, and a commitment to complete all elements of the plan. The plan may be part of a phased approach to investigation, removal, and remedial action. A request for a covenant not to sue pursuant to section 9 of this act of a scope commensurate with the proposed response action may accompany any plan involving removal or remedial action.

(3) The department shall give notice of the proposed response action plan and the results of the department's investigation to interested persons and the public. The notice shall include a brief analysis of the plan, the results of the investigation, and a statement of how additional information may be obtained. Public comment shall be accepted for a minimum of forty-five days from the date of notice.

(4) In determining whether to accept, accept with conditions, or reject the plan, the department shall, at a minimum, consider and issue findings on the following factors:

(a) The extent to which the plan would meet the requirements in section 11(1) through (4) of this act;

(b) Whether the plan or alternatives to the plan would provide optimum protection of human health and the environment;

(d) The reliability of the proposed response action technology;

(e) The impact of the response actions on the quality of air, groundwater, and surface waters, including existing and potential future uses;

(f) The impact of the response actions on existing and potential land uses of the site and adjoining lands;

(g) The cost-effectiveness of the plan, including future maintenance and monitoring;

(h) Whether the proponents of the plan will fund fully the response action;

(i) The proponents' record of compliance with implementing past response action plans; and

(j) The extent to which use of federal funds would facilitate or hinder appropriate response action.

(5) Any accepted response action plan shall be implemented by consent order of the department pursuant to section 14 of this act or by consent decree issued by a court of competent jurisdiction.

(6) If the department rejects the plan or if any responsible party fails to submit a voluntary action plan after being notified of its potential responsibility or fails to comply with any element of the plan, the responsible party or parties shall be liable for the reasonable and necessary costs of response incurred by the department. If such a failure by a responsible party is wilful, the responsible party shall be liable for up to three times such costs.

(7) Any responsible party who does not comply with an order issued pursuant to section 14 of this act shall be liable for up to three times the reasonable and necessary costs of response incurred by the department. (8) Upon payment of its share of costs pursuant to an approved response action plan, a potentially responsible party shall be liable only for its share of the costs of such plan. Such party shall not be liable for any claims for contribution by nonparticipating responsible parties concerning the action which is the subject of the approved plan.

NEW SECTION. Sec. 9. COVENANTS NOT TO SUE. (1) Upon approval of a response action plan pursuant to section 8 of this act, the department shall provide the participants in the plan with a covenant not to sue for any portion of the remedial action which:

(a) Involves the treatment of the hazardous substances so as to destroy, eliminate, or permanently immobilize the hazardous constituents of such substances so that, in the judgment of the director, all potentially harmful properties are removed, and the substances or their byproducts no longer present any significant risk to public health, welfare, or the environment; or

(b) Where the department finds that such destruction, elimination, or permanent immobilization is not possible, involves the transport to and secure disposition of hazardous substances in a facility meeting the requirements of sections 3004 and 3005(c) of the federal resource conservation and recovery act and, if the substances are disposed of in this state, the regulations of the department adopted pursuant to chapter 70.105 RCW for disposal facilities.

(2) As part of the approval of a response action plan pursuant to section 8 of this act, the department may provide the participants with a covenant not to sue for any portion of the remedial action if (a) the covenant not to sue is in the public interest, and (b) the covenant not to sue would expedite response action.

(3) In considering whether a covenant not to sue is in the public interest, the department shall consider the following:

(a) The extent to which implementation of the plan would meet or exceed the requirements in section 11 (1) through (4) of this act;

(b) The degree to which implementation of the plan is based on the attainment of performance standards based on objective criteria for releases of substances to, or the presence of, substances in land, air, or water;

(d) Whether nonparticipating responsible parties or state funds are available to fund any additional remedial action which may be necessary at the site;

(e) The extent to which the technology used in the response action has been demonstrated to be effective;

(f) The risk to human health and the environment posed by the facility after implementation of the plan; and

(g) Other criteria adopted as regulations by the department.

(4) A covenant not to sue concerning future liability to the state shall be subject to a department certification that response action has been completed in accordance with the requirements of this chapter, and the approved response action plan at the facility that is the subject of such covenant.

(5) No covenant not to sue shall be granted unless the persons seeking such a covenant pay an amount into the response action reserve account established pursuant to section 25 of this act. The amount of such payment may be proposed in the submitted request for a covenant not to sue or set by the order of the department issuing the covenant. The department shall adopt, by regulations, criteria for determining the appropriate amounts to be paid into the reserve account. Such regulations shall be based on an assessment of the future risk of failure of the response action to accomplish the purposes of the plan and this chapter and the anticipated costs of any needed future response actions.

(6) The department may condition or limit any discretionary covenant granted pursuant to this section and may include in any such covenant any provisions allowing future enforcement action that in the discretion of the department are necessary and appropriate to assure protection of public health, welfare, or the environment.

(7) No person receiving a covenant not to sue shall be relieved of any liability owed to any other person under any provision of federal, state, or local law, including the common law.

(8) The authority of the department to issue covenants not to sue shall expire on June 30, 1995. Any responsible party submitting a response action plan by that date shall be considered for a covenant not to sue for the provisions of that plan as submitted.

NEW SECTION. Sec. 10. DEPARTMENT'S POWERS TO INITIATE RESPONSE ACTIONS. (1) If a responsible party fails to initiate a response action plan or fails to comply with an approved response action plan, the department shall take appropriate steps to assure that the necessary response actions are undertaken, and, if necessary, proceed with an action to recover the costs of response action from the responsible party or parties.

(2) If the department determines that: (a) An emergency exists that requires immediate action to protect human health or the environment, and (b) that the owner or operator is unwilling or unable to take such immediate action, the department, its authorized employees, agents, or contractors, or the employees, agents, or contractors of a responsible party acting under an approved response action plan may enter upon property, public or private, to take such response action as is necessary to abate the emergency.

(3) If the potentially responsible parties fail to implement a response action plan that has been approved pursuant to section 5 of this act, the department may determine, in accordance with the procedures set forth in this section, that action to respond to a release of hazardous substances is necessary and that entry upon real property, public or private, is necessary to execute response action. Such entry may be made by the department, its authorized employees, agents, or contractors, or the employees, agents, or contractors of a responsible party acting under an approved response action plan. The department's determination shall be based upon inspection, study, or other data as may be available, shall be made in writing, and shall be available for public inspection and copying. The department shall supply the person owning, operating, or in charge of the property concerned, as well as all potentially responsible parties with: (a) A written document detailing the director's determination and the basis for the determination, (b) a notice that response action and entry upon property shall proceed in no fewer than sixty days, and (c) a request for a prompt response. The director shall confer with any party responding to receipt of service of the director's determination in order to accommodate that party's legitimate concerns while obtaining prompt and necessary response action.

(4) The department, with the assistance of the attorney general's office, may apply to superior court for an order authorizing entry upon real property to execute response action. The department's application shall: (a) State that the notice procedures required in this section have been carried out, (b) describe the property concerned, (c) describe the response action selected by the department, and (d) include a schedule identifying the dates response actions are planned. If, after a hearing, the superior court finds that the department's application and supporting materials establish that the department has made a reasonable attempt to accommodate any responding party's legitimate concerns, the superior court shall enter an order authorizing entry upon real property to execute response action.

(5) The following are not subject to review under chapter 43.21B or 34.04 RCW: (a) The department's determination that response action is necessary, that entry upon real property is necessary, or the basis for such decision; and (b) any response by the director to the responsible party's concerns.

(6) No common law writ, temporary restraining order, or preliminary or permanent injunction may issue to stay or delay response action deemed necessary by the director unless the superior court finds that the complainant lacks any adequate remedy at law.

(7) Prior to conducting a response action, the department shall:

(a) Prepare a proposed scope of work based on any investigation or study conducted by or for the department, the responsible parties, or others;

(b) Prior to commencing the response action, provide the identified responsible parties with notice of the proposed response action and an opportunity to comment on the scope of work proposed and provide similar notice and opportunity to comment to the public and to unidentified responsible parties by publication consistent with chapter 65.16 RCW; and

(c) Prepare a final scope of work based on the comments received and any other study or investigation conducted by or for the department.

The proposed and final scope of work, and the basis for them as well as all comments received by the department shall constitute the record of decision of the department. No record of decision need be developed when an emergency exists and the department undertakes a response action to protect the public health or the environment.

(8) Where the department has developed a record of decision for a response action and the department has conducted the response action in accordance with such record, in any action brought to recover costs, the scope of work of the department shall be presumed reasonable and necessary unless demonstrated to be arbitrary and capricious.

(9) The attorney general, at the request of the department, may recover from any responsible party moneys expended by the department on response actions, including response actions undertaken prior to the effective date of this section. This shall include any damages caused by responsible parties and any other costs allowed to be recovered by this chapter. Such actions may be commenced in the superior court of Thurston county, in the superior court of the county where the facility is located, or other court of competent jurisdiction. The amounts recoverable shall include interest from the date of any response action taken.

NEW SECTION. Sec. 11. REQUIREMENTS FOR RESPONSE ACTION. (1) The goal of this section is to provide for complete restoration of facilities contaminated with hazardous substances, pollutants or contaminants. Realizing that it may not be feasible to restore completely all facilities, response actions which permanently and significantly reduce the volume, toxicity or mobility of the hazardous substances, pollutants or contaminants are preferred over response actions not involving such treatment. The offsite transport and disposal of hazardous substances or contaminated materials without such treatment is the least favored alternative response action where practicable treatment technologies are available.

(2) In assessing alternative response actions, the department shall, at a minimum, take into account:

(a) The goals, objectives, and requirements of the hazardous waste management act;

(b) The persistence, toxicity, mobility, and propensity to bioaccumulate of such hazardous substances and their constituents;

(d) Short-term and long-term potential for adverse effects on land, water, air, or sediments;

(e) Long-term operation and maintenance costs;

(f) The potential for future response costs if the alternative response action in question were to fail; and

(g) The potential threat to human health and the environment associated with excavation, transportation, redisposal, containment, or the long-term uncertainties associated with land disposal.

(3) In assessing, approving, or conducting response actions, the department shall select those actions that will attain a degree of cleanup which is protective of human health and the environment, that is cost-effective, and that utilizes permanent solutions and alternative treatment technologies to the maximum extent practicable.

(4) Response actions shall be relevant and appropriate under the circumstances presented by the release or threatened release of such substance, pollutant, or contaminant and, unless otherwise provided in subsection (5) of this section, shall meet the following standards:

(a) With respect to any hazardous substance, pollutant, or contaminant, the response action selected shall require a cleanup level which at a minimum meets the substantive requirements of all state and federal laws which would be applicable if this chapter were not in effect.

(b) Where no such state or federal law exists, the cleanup level shall be set on a case-by-case basis in order to prevent potential harm to public health or the environment.

(5) The director may select, approve, or conduct a response action meeting the requirements of subsections (1) through (3) of this section that does not attain a cleanup level required by subsection (4) of this section, if:

(a) The response action selected is only part of a total response action that will attain such level when completed;

(b) Compliance with such requirement at that facility will result in greater risk to human health and the environment than alternative options; or

(6) In the case of a response action to be undertaken by the department, the director need not select an action meeting all the requirements of this section if the director finds that there are not adequate funds to complete the response action without jeopardizing necessary response actions at other sites, and the threat of harm to health and the environment at the facility does not justify the expenditure of public funds for an action meeting all the requirements of this section.

(7) In the case of any response action involving the transfer of any hazardous substance, pollutant, or contaminant offsite within the state, such hazardous substance, pollutant, or contaminant shall only be transferred to a site approved by the department.

(8) The department shall adopt requirements implementing this section by rule.

NEW SECTION. Sec. 12. REVIEW OF ECOLOGY DECISIONS. (1) Except as otherwise permitted in sections 10, 15, 23 and 27 of this act, all decisions of the department under this chapter are reviewable only as provided for in this section or in connection with cost recovery actions commenced by the department.

(2) Department decisions on the adequacy of a proposed response action plan may be reviewed as follows:

(a) Upon receipt of a decision to reject, or accept with conditions, a proposed response action plan, the proponents of the plan may within ten days request the department to convene an arbitration panel consisting of technical experts in the subject areas relevant to the plan;

(b) The plan proponents and the department shall each choose one person from a list of technical experts selected as eligible by the department. The department shall develop a list of qualified experts after taking nominations from all interested persons. The two experts selected shall then select a third from the list;

(c) The panel will hear evidence from the department, the plan proponents, and others on whether the plan will meet the public criterion set forth in the requirements in section 11 of this act and regulations adopted thereunder and the requirements in section 5 of this act. The proceedings shall be informal, and the parties need not adhere to the rules of evidence for superior court. The panelists may use their independent knowledge in weighing the evidence presented. Costs of the arbitration shall be borne by the plan proponents;

(d) By a majority vote the panel may:

(i) Affirm the decision of the department;

(ii) Reverse the decision of the department and order the plan as submitted by the proponents to be implemented; or

(iii) Modify the decision of the department or the plan as proposed, including imposing more stringent requirements;

(e) The panel must act within thirty days after its members are selected or such other time as agreed upon by the parties. Failure to so act will result in the decision of the department being affirmed;

(f) Neither party may seek review of the panel's decision; and

(g) For the purposes of this subsection, requests for, or decisions relating to, a covenant not to sue shall not be considered as part of the response action plan.

(3) A department decision to deny a covenant not to sue under section 9(1) of this act may be challenged by the plan proponents seeking a writ of mandamus in Thurston county superior court within ten days after the department's decision.

(4) Any department order issued pursuant to section 14 of this act, and any denial of a discretionary covenant not to sue under section 9(2) of this act shall not be renewable prior to the initiation of an action to recover costs by the department.

NEW SECTION. Sec. 13. NOTIFICATION/RETENTION OF RECORDS. (1) Any person (a) in charge of a vessel from which a reportable quantity of hazardous substance is released into or upon the waters of this state or adjoining shorelines; or (b) in charge of a vessel from which a reportable quantity of hazardous substance is released which may affect natural resources belonging to, pertaining to, or under the exclusive management authority of the state; or (c) in charge of a facility from which a reportable quantity of hazardous substance is released who fails to notify immediately the department as soon as he or she has knowledge of such release, or who knowingly submits a false or misleading notice shall, upon conviction, be fined not more than twenty-five thousand dollars, or imprisoned for not more than three years, or not more than five years in the case of a second or subsequent conviction, or both. Notification received pursuant to this section, or information obtained by the notification, shall not be used against any such person in any criminal case, except a prosecution for perjury or for giving a false statement.

(2) Beginning with the effective date of this section, for fifty years thereafter, or for fifty years after the date of establishment of a record, whichever is later, or at any such earlier time if a waiver is obtained from the department, it shall be unlawful for any person knowingly to destroy, mutilate, erase, dispose of, conceal, or otherwise render unavailable, unreadable, or falsify any records of the type which the department may by rule identify as necessary. Any person who violates this subsection shall, upon conviction, be fined not more than twenty-five thousand dollars or imprisoned not more than three years, or five years in the case of a second or subsequent conviction, or both.

NEW SECTION. Sec. 14. ENFORCEMENT. (1) Whenever, in the opinion of the department (a) a person is responsible for a release or threatened release of a hazardous substance; (b) that person has been notified of its potential responsibility pursuant to section 7 of this act; and (c) that person has not submitted or completed a response action plan pursuant to section 8 of this act, the department may issue such order or directive as it deems appropriate under the circumstances, and serve the order on that person personally or by registered mail. Such an order is not appealable pursuant to chapter 43.21B RCW.

(2) Whenever the department determines an emergency exists that requires immediate action to protect human health or the environment, (a) it may issue such order or directive as appropriate under the circumstances, without first giving notice or otherwise allowing voluntary response action as set forth in subsection (1) of this section; or (b) it may request the attorney general to secure such relief as may be necessary to abate such danger or threat, and the superior court of the district in which the threat occurs shall have jurisdiction to grant such relief as the public interest and the equities of the case may require.

NEW SECTION. Sec. 15. CIVIL PENALTIES. (1) Any person who violates any provision of an approved response action plan, or who fails to submit a proposed response action plan pursuant to section 8 of this act may be subject to a civil penalty of up to twenty-five thousand dollars per day for each day of violation. Each and every such violation shall be a separate and distinct offense, and in case of a continuing violation, every day's continuance shall be a separate offense. Every act of commission or omission which procures, aids, or abets in the violation shall be subject to such a penalty. The penalty shall be imposed and appealed pursuant to the provision of RCW 90.48.144.

(2) In determining the amount of any penalty assessed pursuant to this section, the department shall take into account the nature, circumstances, extent, and gravity of the violation or violations and, with respect to the violator, any prior history of such violations, the degree of culpability, economic benefit or savings, if any, resulting from the violation, and such other matters as justice may require.

(3) Any person against whom a civil penalty is assessed under this section may obtain review thereof before the pollution control hearings board by filing a notice of appeal within thirty days from the date of such order, and by simultaneously sending a copy of such notice by certified mail to the director.

(4) If any person fails to pay an assessment of a civil penalty after it has become a final and unappealable order, the director may request the attorney general to institute a civil action in Thurston County superior court or other appropriate court to collect the penalty, and such court shall have jurisdiction to hear and decide any such action.

NEW SECTION. Sec. 16. THIRD PARTY ACTIONS. (l) Any person aggrieved by an action or inactions of a potentially responsible party which may result in a release of a hazardous substance that presents an imminent and substantial endangerment to health or the environment may bring an action in superior court to compel the potentially responsible party to comply with the provisions of this chapter:PROVIDED, That before any action may be brought, the person aggrieved shall mail by certified mail a notice of intent to sue to the director of the department, who shall be allowed thirty days to negotiate or mediate a resolution to the dispute before any action may be filed.

(2) Any person aggrieved by the release or threat of release of a hazardous substance may commence a civil action against any person who fails to comply with an approved response action plan to carry out a response action.

(3) Any person aggrieved who prevails in an action brought under this section shall be entitled to reasonable attorneys' fees and costs.

(4) Nothing in this chapter limits any existing right of a person to bring a legal action in the courts of this state relating to the release or threatened release of hazardous substances.

NEW SECTION. Sec. 17. RESPONSE ACTION CONTRACTOR LIABILITY. (1) A person who is a response action contractor, or a person employed by any public body who provides services relating to response action, and who is working within the scope of his employment with respect to any release or threatened release of a hazardous substance, pollutant, or contaminant from a facility shall not be liable under this chapter, under any other state or local law, or under common law to any person for injuries, costs, damages, expenses, or other liability, including, but not limited to, claims for indemnification or contribution, and claims by third parties for death, personal injury, illness, or loss of or damage to property or economic loss, that results from such release or threatened release. This subsection shall not apply in the case of a release that is caused by conduct of the response action contractor that is negligent, grossly negligent, or that constitutes intentional misconduct.

(2) Nothing in this section affects the liability of any person under any warranty under state law, or the liability of an employer who is a response action contractor to any employee of such employer under any provision of law.

(3) The department may agree to hold harmless and indemnify any response action contractor meeting the requirements of this section against any liability, including the expenses of litigation or settlement, for negligence arising out of the contractor's performance in carrying out response action activities under this chapter, unless the liability was caused by conduct of the contractor that was grossly negligent or that constituted intentional misconduct. Indemnification under this subsection shall apply only to response action contractor liability that results from a release of any hazardous substance, pollutant, or contaminant if the release arises out of response action activities. An indemnification agreement under this subsection shall include deductibles and shall place limits on the amount of indemnification to be made available.

(4) The exemption provided under subsection (1) of this section, and the authority of the department to offer indemnification under subsection (3) of this section shall not apply to any person covered by the provision of section 14 of this act.

(5) A person retained or hired by a potentially responsible party shall be eligible for indemnification under subsection (1) of this section only if the department specifically approves the response action being implemented, and the retaining or hiring of such person.

NEW SECTION. Sec. 18. PRIORITY LIENS. (1) Any liability to the state under this chapter shall constitute a debt to the state. Any such debt shall constitute a lien, in favor of the state, on all real property and rights to such property which belongs to persons liable under this chapter and is subject to, or effected by, a removal or remedial action.

(2) The lien imposed by this section shall arise at the later of the following:

(a) The time costs are first incurred by the state with respect to a response action under this chapter; or

(b) The time that the person referred to in subsection (1) of this section is provided notice under section 7 of this act of potential liability.

(3) A statement of claim, describing the property subject to the lien, shall be filed in the appropriate office as designated by state law. Such lien shall continue until the liability for the costs have been satisfied. Any lien filed pursuant to this section shall have priority over any prior encumbrancer or levying creditor, and over any subsequent purchaser, encumbrancer, or creditor of the owner of the property subject to the lien.

NEW SECTION. Sec. 19. PROPERTY TRANSFER. (1) The owner of public or private real property upon which a significant release of a hazardous substance has been found by the department to have occurred shall place a notice in the records of real property kept by the auditor of the county in which the property is located. The notice shall: (a) Identify the property; (b) identify the owner of the property, and the person causing the notice to appear; (c) state that a release of a hazardous substance occurred on the property; (d) state the date the release occurred; and (e) direct further inquiries to the department. The department shall maintain records that identify the remedial action taken and the hazardous substance or substances released for each remedial action or removal that has been conducted or approved by the department. Any person injured by the failure of a property owner to comply with this section may recover damages for that injury by filing an action in superior court for the county in which the release occurred.

(2) Where any remedial action or removal has been conducted or approved by the department with respect to any release or threatened release of a hazardous substance and the director has determined that the remedial action or removal has been completed, the director shall declare in writing that such release or threat of release has been evaluated, and that any state or private removal or remedial action has been completed. The declaration shall be promptly filed with the records of real property kept by the auditor of the county in which the property is located and shall identify the property, the owner of the property, and the date the release occurred. The declaration shall also be provided to interested persons and the public.

(3) The owner of real property, whether public or private, transferring any right, title, or interest in said property shall provide, before recording the documents effecting said transfer, a written statement to his transferee describing any release of a reportable quantity of a hazardous substance which the owner knows to have occurred on the property being transferred. Unless otherwise agreed by seller and purchaser, any person injured by the failure of any owner of real property to provide the statement referred to in this subsection, or injured by the failure of an owner of real property to provide the statement referred to in this subsection before recording the documents effecting the transfer, shall have a right to recover damages for that injury by filing an action in superior court for the county where the release occurred.

NEW SECTION. Sec. 20. A new section is added to chapter 43.21C RCW to read as follows:

SEPA EXEMPTION. The detailed statement and other procedural requirements of this chapter shall not be applicable to investigatory or response activities undertaken by the state or authorized or ordered by the state under chapter 70.105A RCW.

NEW SECTION. Sec. 21. EXEMPTION FROM PERMITS. Any person acting under an approved response action plan or the department undertaking a response action shall be exempt from the procedural and substantive requirements of state and local laws which would otherwise be applicable to such response action, including those requirements imposed by chapters 70.94, 70.105, 90.03, 90.44, 90.48, and 90.58 RCW.

NEW SECTION. Sec. 22. HAZARDOUS WASTE FEE. (1) Every hazardous waste notifier shall pay to the department an annual hazardous waste fee to be calculated pursuant to subsection (2) of this section.

(2) The annual fee shall include the following:

(a) Twenty-five dollars for notification and request for an environmental protection agency/state identification number;

(b) Twenty-five dollars for cancellation of an environmental protection agency/state identification number;

(d) An inspection charge in an amount to be set by the department pursuant to subsection (3) of this section; and

(e) A permit charge in an amount to be set by the department pursuant to subsection (4) of this section.

(3) The department shall set the inspection charge by regulation as follows:

(a) The department shall allocate to individual notifiers the overall anticipated costs of inspection including overhead attributable to such inspection costs. The department shall determine the costs based on aggregate cost data of the department.

(b) The allocation shall be based on the size, complexity, and type of facility or transporter to be inspected.

(c) In determining the size of the facility, the department shall consider the number of waste streams at the facility, and the amount of waste generated, transported, treated, stored, or disposed of at or by the notifier.

(d) In determining the complexity of the facility, the department shall consider the handling practices, the amount of wastes generated, transported, stored, treated, or disposed of, and the type of facility.

(4) The department shall set a permit charge for each notifier seeking a permit under chapter 70.105 RCW as follows:

(a) The charge shall be based on actual costs of permitting, including overhead attributable to such costs of permitting.

(b) For each notifier seeking a permit, the department shall estimate the cost of the permit. By January 31, 1988, each notifier seeking a permit shall pay one-fifth of that cost estimate. One-fifth shall be paid by January 31 of each subsequent calendar year.

(c) At the time the drafting of a permit is completed, the department shall inform the notifier of the actual cost of the permit. If that amount exceeds the amount paid by the notifier, the department shall bill the notifier for the difference. Upon payment, the department shall issue the permit. If the amount owed is not paid within thirty days, the department may deny the permit. If the actual cost is less than the amount paid by the notifier, the department shall refund the difference at the time the permit is issued.

Sec. 23. Section 8, chapter 65, Laws of 1983 1st ex. sess. and RCW 70.105A.080 are each amended to read as follows:

(1) The fees required by ((~~RCW 70.105A.030(2) or 70.105A.040(1)~~)) section 22 of this act, when due and payable, shall bear interest at the rate of nine percent per annum for each month (or portion thereof) that the fee is not paid.

(2) The department of ecology may levy civil penalties in the amount of up to five hundred dollars for each day fees and interest due and owing under ((~~RCW 70.105A.040 or 70.105A.080(1)~~)) section 22 of this act are unpaid. The procedures relating to levying and collection of penalties set forth in RCW 90.48.144 shall be applied to penalties levied under this section. Moneys collected under this subsection shall be placed in the hazardous waste control and elimination account.

(3) The attorney general is authorized to initiate such actions in the courts as are necessary and appropriate to insure compliance with the provisions of this chapter.

(4) The department is authorized to collect any unpaid fees and interest due and owing from RCW 70.105A.030, 70.105A.040, and 70.105A.080 as of the effective date of this section.

NEW SECTION. Sec. 24. HAZARDOUS WASTE CONTROL AND ELIMINATION ACCOUNT. (1) There is established in the general fund a hazardous waste control and elimination account. It shall consist of:

(a) All fees collected pursuant to section 21 of this act;

(b) All fees collected pursuant to RCW 70.105A.030, 70.105A.040, and 70.105A.080;

(d) Penalties collected or recovered pursuant to this chapter;

(e) Costs of response recovered under this chapter or any other authority which allows such recovery;

(f) Moneys received from the federal government as any other source to fulfill the purposes of this chapter;

(g) Moneys appropriated and allocated for hazardous waste cleanup programs pursuant to section 303, chapter 6, Laws of 1985 ex. sess. as amended by section 302, chapter 312, Laws of 1986 which were not spent by the department prior to July 1, 1987; and

(h) Interest earned on the moneys in the account.

(2) This account shall be a revolving fund with the moneys remaining in the fund at the end of a biennium carried over to the next biennium.

(3) Subject to legislative appropriation, the account may be used as follows:

(a) By the department of ecology to implement the hazardous waste regulatory program under chapter 70.105 RCW and to implement the hazardous waste cleanup program under chapter 70.105A RCW; and

(b) By the department of revenue to administer the purposes of the hazardous waste assessment under section 27 of this act.

NEW SECTION. Sec. 25. RESPONSE ACTION RESERVE ACCOUNT. (1) There is created a response action reserve account in the general fund consisting of payments made to the fund pursuant to section 27 of this act and any interest earned on such payments.

(2) The account shall be a revolving fund with the moneys remaining in the fund at the end of a biennium carried over to the next biennium.

(3) Subject to legislative appropriation, the funds shall be used by the department for response actions at sites where:

(a) Approved response action plans have been performed;

(b) Subsequent to such performance, the department has determined that further response action is necessary; and

NEW SECTION. Sec. 26. HAZARDOUS WASTE ASSESSMENT‑-DEFINITIONS. For the purposes of section 27 of this act:

(1) "Consume" means to use all or a portion of a hazardous substance, including consumption by its producer, in any commercial or industrial use; to alter the composition of a hazardous substance; to cause the occurrence of a chemical reaction that could not have taken place without a hazardous substance, such as the use of a hazardous substance as a catalyst.

(2) "Import" means to transport or cause to be transported by any means of conveyance into the state hazardous substances for sale, use, or disposal, such as discarding or abandoning of hazardous substances or the treatment, decontamination, or recycling of such substances once they have been discarded or abandoned.

(3) "Produce" means to create hazardous substances from new or raw materials, or from scrap, waste, recycled, or recovered materials.

(4) "Commercial and industrial use," "gross proceeds of sale," "gross income of the business" and "value of products" shall have the same meanings as they have in chapter 82.04 RCW.

NEW SECTION. Sec. 27. HAZARDOUS WASTE ASSESSMENT‑-IMPOSITION. (1) There is levied and shall be collected by the department of revenue from every person subject to a tax imposed by RCW 82.04.220 or 82.16.020, a hazardous substance assessment equal to five one-hundredths percent of the person's gross proceeds of sale, gross income of the business, or value of products, as the case may be.

(2) The assessment imposed by subsection (1) of this section does not apply if:

(a) Any such person who produces, consumes, disposes, transports, or imports within the state a total quantity of less than one hundred kilograms of hazardous substances monthly or two hundred fifty kilograms of hazardous substances quarterly. For purposes of determining eligibility for this exemption:

(i) Each quantity of a hazardous substance produced, imported, consumed, disposed of, or transported by a person shall be counted only once by that person; and

(ii) The cumulative total of all quantities of all hazardous substances shall be counted if a person produces, uses, or imports more than one hazardous substance in any quantity.

(b) Any person for whom the sum gross proceeds of sales, gross income of the business, and value of products is less than seven hundred fifty thousand dollars annually.

(3) No person shall be liable for an assessment in excess of five hundred thousand dollars for any year.

(4) For the purposes of this section, "hazardous substances" means all substances defined by RCW 70.105A.020(9), but excludes any such substances which are food products for human consumption.

(5) The provisions of chapter 82.32 RCW shall apply to the administration of the tax imposed by this section.

NEW SECTION. Sec. 28. SEVERABILITY. 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.

NEW SECTION. Sec. 29. LIBERAL CONSTRUCTION. This act is exempt from the rule of strict construction and shall be liberally construed to give full effect to the purposes for which it was enacted.

NEW SECTION. Sec. 30. CODIFICATION. (1) Sections 3 through 19, 21, 22, 24, and 25 of this act shall be added to chapter 70.105 RCW.

(2) Sections 26 and 27 of this act shall constitute a new chapter in Title 82 RCW.

NEW SECTION. Sec. 31. Section captions as used in this act constitute no part of the law.

NEW SECTION. Sec. 32. The following acts or parts of acts are each repealed:

(1) Section 3, chapter 65, Laws of 1983 1st ex. sess., section 129, chapter 7, Laws of 1985 and RCW 70.105A.030;

(2) Section 4, chapter 65, Laws of 1983 1st ex. sess. and RCW 70.105A.040;

(3) Section 5, chapter 65, Laws of 1983 1st ex. sess. and RCW 70.105A.050;

(4) Section 6, chapter 65, Laws of 1983 1st ex. sess. and RCW 70.105A.060;

(5) Section 7, chapter 65, Laws of 1983 1st ex. sess. and RCW 70.105A.070;

(6) Section 9, chapter 65, Laws of 1983 1st ex. sess. and RCW 70.105A.900; and

(7) Section 15, chapter 65, Laws of 1983 1st ex. sess. and RCW 70.105A.905.