H-3888.1
SUBSTITUTE HOUSE BILL 2246
State of Washington | 66th Legislature | 2020 Regular Session |
ByHouse Environment & Energy (originally sponsored by Representatives Fitzgibbon and Lekanoff)
READ FIRST TIME 01/23/20.
AN ACT Relating to the reorganization of laws related to environmental health without making any substantive, policy changes; amending RCW
15.54.325,
15.54.820,
19.405.020,
35.21.120,
35.21.135,
35.21.154,
35.21.156,
35.21.157,
35.21.409,
35.21.755,
35.22.625,
35.23.351,
35.92.020,
35.94.050,
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35A.21.153,
35A.21.324,
36.32.120,
36.32.304,
36.34.192,
36.58.040,
36.58.045,
36.58.050,
36.58A.010,
36.70A.130,
36.70A.200,
36.93.090,
36.94.010,
43.21A.020,
43.21A.175,
43.21A.702,
43.21A.711,
43.21B.130,
43.21B.260,
43.21B.300,
43.21C.036,
43.21C.0381,
43.21C.210,
43.21F.090,
43.27A.190,
43.37.050,
43.37.080,
43.37.110,
43.37.140,
43.37.170,
43.37.220,
43.41.270,
43.131.394,
43.146.900,
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43.200.170,
43.200.180,
43.200.220,
43.200.230,
43.200.233,
43.200.235,
43.200.905,
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70.275.160,
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70.300.040,
70.310.030,
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70.310.050,
70.315.010,
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70.325.040,
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70.340.020,
70.340.030,
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70.340.100,
70.340.120,
70.340.130,
70.340.900,
70.360.060,
70.360.070,
70.360.090,
70.360.100,
70.360.110,
70.365.020,
70.365.030,
70.365.040,
70.365.050,
70.365.070,
70.365.080,
70.375.020,
70.375.040,
70.375.050,
70.375.060,
70.375.080,
70.375.090,
70.380.020,
77.55.061,
81.77.010,
81.77.030,
81.77.040,
82.04.660,
82.04.755,
82.04.765,
82.08.0287,
82.08.810,
82.08.811,
82.08.036,
82.08.998,
82.12.0282,
82.12.038,
82.12.810,
82.12.811,
82.12.998,
82.19.040,
82.21.030,
82.23A.020,
82.23A.902,
82.34.030,
82.34.100,
82.44.015,
88.46.010,
90.03.383,
90.03.386,
90.03.570,
90.03.590,
90.46.005,
90.46.010,
90.46.120,
90.48.039,
90.48.110,
90.48.162,
90.48.285,
90.48.530,
90.48.531,
90.52.030,
90.58.355,
90.71.270,
90.71.340,
90.71.370,
90.76.040,
90.76.050,
90.76.070,
90.76.090,
90.76.100,
90.76.110, and
90.76.902; reenacting and amending RCW
15.54.270,
43.21B.110,
43.21B.110,
43.200.015,
70.93.180,
70.94.152,
70.95.090,
70.95N.020,
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70.105D.020,
70.105D.030,
70.119A.020,
70.240.010,
70.275.020,
70.365.010,
88.40.011, and
90.56.010; adding a new title to the Revised Code of Washington to be codified as Title
70A RCW; creating new sections; recodifying RCW
43.21M.010,
43.21M.020,
43.21M.030,
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70.95L.040,
70.95M.010,
70.95M.020,
70.95M.030,
70.95M.040,
70.95M.050,
70.95M.060,
70.95M.070,
70.95M.080,
70.95M.090,
70.95M.100,
70.95M.110,
70.95M.115,
70.95M.120,
70.95M.130,
70.95M.140,
70.95N.010,
70.95N.020,
70.95N.030,
70.95N.040,
70.95N.050,
70.95N.060,
70.95N.070,
70.95N.080,
70.95N.090,
70.95N.100,
70.95N.110,
70.95N.120,
70.95N.130,
70.95N.140,
70.95N.150,
70.95N.160,
70.95N.170,
70.95N.180,
70.95N.190,
70.95N.200,
70.95N.210,
70.95N.220,
70.95N.230,
70.95N.240,
70.95N.250,
70.95N.260,
70.95N.280,
70.95N.290,
70.95N.300,
70.95N.310,
70.95N.320,
70.95N.330,
70.95N.340,
70.95N.350,
70.95N.900,
70.95N.902,
70.98.010,
70.98.020,
70.98.030,
70.98.050,
70.98.080,
70.98.085,
70.98.090,
70.98.095,
70.98.098,
70.98.100,
70.98.110,
70.98.120,
70.98.122,
70.98.125,
70.98.130,
70.98.140,
70.98.150,
70.98.160,
70.98.170,
70.98.180,
70.98.190,
70.98.200,
70.98.220,
70.98.910,
70.98.920,
70.99.010,
70.99.020,
70.99.030,
70.99.040,
70.99.050,
70.99.060,
70.99.900,
70.99.910,
70.102.010,
70.102.020,
70.103.010,
70.103.020,
70.103.030,
70.103.040,
70.103.050,
70.103.060,
70.103.070,
70.103.080,
70.103.090,
70.105.005,
70.105.007,
70.105.010,
70.105.020,
70.105.025,
70.105.030,
70.105.035,
70.105.040,
70.105.050,
70.105.070,
70.105.080,
70.105.085,
70.105.090,
70.105.095,
70.105.097,
70.105.100,
70.105.105,
70.105.109,
70.105.110,
70.105.111,
70.105.112,
70.105.116,
70.105.120,
70.105.130,
70.105.135,
70.105.140,
70.105.145,
70.105.150,
70.105.160,
70.105.165,
70.105.170,
70.105.180,
70.105.200,
70.105.210,
70.105.215,
70.105.217,
70.105.220,
70.105.221,
70.105.225,
70.105.230,
70.105.235,
70.105.240,
70.105.245,
70.105.250,
70.105.255,
70.105.260,
70.105.270,
70.105.280,
70.105.300,
70.105.310,
70.105.900,
70.105D.010,
70.105D.020,
70.105D.030,
70.105D.040,
70.105D.050,
70.105D.055,
70.105D.060,
70.105D.080,
70.105D.090,
70.105D.100,
70.105D.110,
70.105D.120,
70.105D.130,
70.105D.140,
70.105D.150,
70.105D.160,
70.105D.180,
70.105D.190,
70.105D.200,
70.105D.210,
70.105D.900,
70.105D.905,
70.105D.910,
70.105D.915,
70.105D.920,
70.106.010,
70.106.020,
70.106.030,
70.106.040,
70.106.050,
70.106.060,
70.106.070,
70.106.080,
70.106.090,
70.106.100,
70.106.110,
70.106.120,
70.106.140,
70.106.150,
70.106.905,
70.106.910,
70.107.010,
70.107.020,
70.107.030,
70.107.040,
70.107.050,
70.107.060,
70.107.070,
70.107.080,
70.107.900,
70.107.910,
70.116.010,
70.116.020,
70.116.030,
70.116.040,
70.116.050,
70.116.060,
70.116.070,
70.116.080,
70.116.090,
70.116.100,
70.116.110,
70.116.120,
70.116.134,
70.116.140,
70.118.010,
70.118.020,
70.118.030,
70.118.040,
70.118.050,
70.118.060,
70.118.070,
70.118.080,
70.118.090,
70.118.110,
70.118.120,
70.118.130,
70.118A.010,
70.118A.020,
70.118A.030,
70.118A.040,
70.118A.050,
70.118A.060,
70.118A.070,
70.118A.080,
70.118A.090,
70.118A.100,
70.118B.005,
70.118B.010,
70.118B.020,
70.118B.030,
70.118B.040,
70.118B.050,
70.118B.060,
70.118B.070,
70.119.010,
70.119.020,
70.119.030,
70.119.040,
70.119.050,
70.119.060,
70.119.070,
70.119.081,
70.119.090,
70.119.100,
70.119.110,
70.119.120,
70.119.130,
70.119.140,
70.119.150,
70.119.160,
70.119.170,
70.119.180,
70.119.900,
70.119A.020,
70.119A.025,
70.119A.030,
70.119A.040,
70.119A.050,
70.119A.060,
70.119A.070,
70.119A.080,
70.119A.100,
70.119A.110,
70.119A.115,
70.119A.120,
70.119A.130,
70.119A.140,
70.119A.150,
70.119A.170,
70.119A.180,
70.119A.190,
70.119A.200,
70.119A.210,
70.119A.900,
70.120.010,
70.120.020,
70.120.070,
70.120.080,
70.120.100,
70.120.120,
70.120.130,
70.120.150,
70.120.160,
70.120.170,
70.120.190,
70.120.210,
70.120.230,
70.120.902,
70.120A.010,
70.120A.020,
70.120A.030,
70.120A.050,
70.121.010,
70.121.020,
70.121.030,
70.121.040,
70.121.050,
70.121.060,
70.121.070,
70.121.080,
70.121.090,
70.121.100,
70.121.110,
70.121.120,
70.121.130,
70.121.140,
70.121.150,
70.121.900,
70.121.905,
70.132.010,
70.132.020,
70.132.030,
70.132.040,
70.132.050,
70.132.900,
70.138.010,
70.138.020,
70.138.030,
70.138.040,
70.138.050,
70.138.060,
70.138.070,
70.138.900,
70.138.901,
70.140.010,
70.140.020,
70.140.030,
70.140.040,
70.140.050,
70.140.060,
70.140.070,
70.140.080,
70.142.010,
70.142.020,
70.142.030,
70.142.040,
70.142.050,
70.146.010,
70.146.020,
70.146.030,
70.146.040,
70.146.050,
70.146.060,
70.146.070,
70.146.075,
70.146.090,
70.146.100,
70.146.110,
70.146.120,
70.148.005,
70.148.010,
70.148.020,
70.148.025,
70.148.030,
70.148.035,
70.148.040,
70.148.050,
70.148.060,
70.148.070,
70.148.080,
70.148.090,
70.148.110,
70.148.900,
70.149.010,
70.149.020,
70.149.030,
70.149.040,
70.149.050,
70.149.060,
70.149.070,
70.149.080,
70.149.090,
70.149.100,
70.149.120,
70.149.800,
70.149.801,
70.149.900,
70.150.010,
70.150.020,
70.150.030,
70.150.040,
70.150.050,
70.150.060,
70.150.070,
70.150.080,
70.150.900,
70.164.010,
70.164.020,
70.164.030,
70.164.040,
70.164.050,
70.164.060,
70.164.070,
70.220.010,
70.220.020,
70.220.030,
70.220.040,
70.220.050,
70.235.005,
70.235.010,
70.235.020,
70.235.030,
70.235.040,
70.235.050,
70.235.060,
70.235.070,
70.235.080,
70.235.900,
70.240.010,
70.240.020,
70.240.025,
70.240.030,
70.240.035,
70.240.040,
70.240.050,
70.240.060,
70.260.010,
70.260.020,
70.260.030,
70.270.010,
70.270.020,
70.270.030,
70.270.040,
70.270.050,
70.270.060,
70.275.010,
70.275.020,
70.275.030,
70.275.040,
70.275.050,
70.275.060,
70.275.070,
70.275.080,
70.275.090,
70.275.100,
70.275.110,
70.275.130,
70.275.140,
70.275.150,
70.275.160,
70.275.170,
70.275.900,
70.275.901,
70.280.010,
70.280.020,
70.280.030,
70.280.040,
70.280.050,
70.280.060,
70.285.010,
70.285.020,
70.285.030,
70.285.040,
70.285.050,
70.285.060,
70.285.070,
70.285.080,
70.285.090,
70.285.100,
70.295.010,
70.295.020,
70.300.005,
70.300.010,
70.300.020,
70.300.030,
70.300.040,
70.300.050,
70.300.060,
70.310.010,
70.310.020,
70.310.030,
70.310.040,
70.310.050,
70.315.010,
70.315.020,
70.315.030,
70.315.040,
70.315.050,
70.315.060,
70.315.900,
70.315.901,
70.315.902,
70.325.010,
70.325.020,
70.325.030,
70.325.040,
70.325.050,
70.340.010,
70.340.020,
70.340.030,
70.340.040,
70.340.050,
70.340.060,
70.340.070,
70.340.080,
70.340.090,
70.340.100,
70.340.110,
70.340.120,
70.340.130,
70.340.900,
70.355.010,
70.360.010,
70.360.020,
70.360.030,
70.360.040,
70.360.050,
70.360.060,
70.360.070,
70.360.080,
70.360.090,
70.360.100,
70.360.110,
70.360.900,
70.365.010,
70.365.020,
70.365.030,
70.365.040,
70.365.050,
70.365.060,
70.365.070,
70.365.080,
70.365.900,
70.370.010,
70.370.020,
70.370.030,
70.370.040,
70.375.010,
70.375.020,
70.375.030,
70.375.040,
70.375.050,
70.375.060,
70.375.070,
70.375.080,
70.375.090,
70.375.100,
70.375.110,
70.375.120,
70.375.130,
70.380.010,
70.380.020,
70.380.030,
70.380.900,
90.76.005,
90.76.010,
90.76.020,
90.76.040,
90.76.050,
90.76.060,
90.76.070,
90.76.080,
90.76.090,
90.76.100,
90.76.110,
90.76.900,
90.76.901, and
90.76.902; repealing RCW
70.105E.010,
70.105E.020,
70.105E.030,
70.105E.040,
70.105E.050,
70.105E.060,
70.105E.080,
70.105E.100,
70.105E.900, and
70.105E.901; providing effective dates; and providing an expiration date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 101. This act is intended to make technical amendments to certain codified statutes that involve environmental and public health. Any statutory changes made by this act should be interpreted as technical in nature and not interpreted to have any substantive, policy implications.
NEW SECTION. Sec. 102. (1) A rule adopted under authority provided in a chapter that is recodified under this act remains valid and is not affected by the recodification in this act.
(2) State agencies, local air authorities, local boards of health, and other local governments that have adopted rules that rely upon or otherwise reference an authority provided in a chapter that is recodified by this act are encouraged to update affected rules to reflect new statutory references compelled by the recodification by July 1, 2025.
NEW SECTION. Sec. 103. A new title is added to the Revised Code of Washington to be codified as Title 70A RCW. NEW SECTION. Sec. 104. Sections 1446 through 1450 of this act take effect July 1, 2020.
NEW SECTION. Sec. 105. Section 1034 of this act expires June 30, 2021.
NEW SECTION. Sec. 106. Section 1035 of this act takes effect June 30, 2021.
Sec. 1001. RCW
15.54.270 and 2011 c 73 s 1 are each reenacted and amended to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Brand" means a term, design, or trademark used in connection with the distribution and sale of one or more grades of commercial fertilizers.
(2) "Bulk fertilizer" means commercial fertilizer distributed in a nonpackaged form such as, but not limited to, tote bags, tote tanks, bins, tanks, trailers, spreader trucks, and railcars.
(3) "Calcium carbonate equivalent" means the acid-neutralizing capacity of an agricultural liming material expressed as a weight percentage of calcium carbonate.
(4) "Commercial fertilizer" means a substance containing one or more recognized plant nutrients and that is used for its plant nutrient content or that is designated for use or claimed to have value in promoting plant growth, and shall include limes, gypsum, and manipulated animal and vegetable manures. It does not include unmanipulated animal and vegetable manures, organic waste-derived material, and other products exempted by the department by rule.
(5) "Composting" means the controlled aerobic degradation of organic waste materials. Natural decay of organic waste under uncontrolled conditions is not composting.
(6) "Customer-formula fertilizer" means a mixture of commercial fertilizer or materials of which each batch is mixed according to the specifications of the final purchaser.
(7) "Department" means the department of agriculture of the state of Washington or its duly authorized representative.
(8) "Director" means the director of the department of agriculture.
(9) "Distribute" means to import, consign, manufacture, produce, compound, mix, or blend commercial fertilizer, or to offer for sale, sell, barter, exchange, or otherwise supply commercial fertilizer in this state.
(10) "Distributor" means a person who distributes.
(11) "Fertilizer material" means a commercial fertilizer that either:
(a) Contains important quantities of no more than one of the primary plant nutrients: Nitrogen, phosphate, and potash;
(b) Has eighty-five percent or more of its plant nutrient content present in the form of a single chemical compound; or
(c) Is derived from a plant or animal residue or by-product or natural material deposit that has been processed in such a way that its content of plant nutrients has not been materially changed except by purification and concentration.
(12) "Grade" means the percentage of total nitrogen, available phosphoric acid, and soluble potash stated in whole numbers in the same terms, order, and percentages as in the "guaranteed analysis," unless otherwise allowed by a rule adopted by the department. Specialty fertilizers may be guaranteed in fractional units of less than one percent of total nitrogen, available phosphorus or phosphoric acid, and soluble potassium or potash. Fertilizer materials, bone meal, manures, and similar materials may be guaranteed in fractional units.
(13) "Guaranteed analysis."
(a) Until the director prescribes an alternative form of "guaranteed analysis" by rule the term "guaranteed analysis" shall mean the minimum percentage of plant nutrients claimed in the following order and form:
| Total nitrogen (N) | . . . . | percent |
| Available phosphoric acid (P2O5) | . . . . | percent |
| Soluble potash (K2O) | . . . . | percent |
The percentage shall be stated in whole numbers unless otherwise allowed by the department by rule.
The "guaranteed analysis" may also include elemental guarantees for phosphorus (P) and potassium (K).
(b) For unacidulated mineral phosphatic material and basic slag, bone, tankage, and other organic phosphatic materials, the total phosphoric acid or degree of fineness may also be guaranteed.
(c) Guarantees for plant nutrients other than nitrogen, phosphorus, and potassium shall be as allowed or required by rule of the department. The guarantees for such other nutrients shall be expressed in the form of the element.
(d) The guaranteed analysis for limes shall include the percentage of calcium or magnesium expressed as their carbonate; the calcium carbonate equivalent as determined by methods prescribed by the association of official analytical chemists; and the minimum percentage of material that will pass respectively a one hundred mesh, sixty mesh, and ten mesh sieve. The mesh size declaration may also include the percentage of material that will pass additional mesh sizes.
(e) In commercial fertilizer, the principal constituent of which is calcium sulfate (gypsum), the percentage of calcium sulfate (CaSO4.2H2O) shall be given along with the percentage of total sulfur.
(14) "Imported fertilizer" means any fertilizer distributed into Washington from any other state, province, or country.
(15) "Label" means the display of all written, printed, or graphic matter, upon the immediate container, or a statement accompanying a fertilizer.
(16) "Labeling" includes all written, printed, or graphic matter, upon or accompanying a commercial fertilizer, or advertisement, brochures, posters, television, and radio announcements used in promoting the sale of such fertilizer.
(17) "Licensee" means the person who receives a license to distribute a commercial fertilizer under the provisions of this chapter.
(18) "Lime" means a substance or a mixture of substances, the principal constituent of which is calcium or magnesium carbonate, hydroxide, or oxide, singly or combined.
(19) "Manipulation" means processed or treated in any manner, including drying to a moisture content less than thirty percent.
(20) "Manufacture" means to compound, produce, granulate, mix, blend, repackage, or otherwise alter the composition of fertilizer materials.
(21) "Micronutrients" are: Boron; chlorine; cobalt; copper; iron; manganese; molybdenum; sodium; and zinc.
(22) "Micronutrient fertilizer" means a produced or imported commercial fertilizer that contains commercially valuable concentrations of micronutrients but does not contain commercially valuable concentrations of nitrogen, phosphoric acid, available phosphorus, potash, calcium, magnesium, or sulfur.
(23) "Official sample" means a sample of commercial fertilizer taken by the department and designated as "official" by the department.
(24) "Organic waste-derived material" means grass clippings, leaves, weeds, bark, plantings, prunings, and other vegetative wastes, uncontaminated wood waste from logging and milling operations, food wastes, food processing wastes, and materials derived from these wastes through composting. "Organic waste-derived material" does not include products that include biosolids.
(25) "Packaged fertilizer" means commercial fertilizers, either agricultural or specialty, distributed in nonbulk form.
(26) "Person" means an individual, firm, brokerage, partnership, corporation, company, society, or association.
(27) "Percent" or "percentage" means the percentage by weight.
(28) "Produce" means to compound or fabricate a commercial fertilizer through a physical or chemical process, or through mining. "Produce" does not include mixing, blending, or repackaging commercial fertilizer products.
(29) "Registrant" means the person who registers commercial fertilizer under the provisions of this chapter.
(30) "Specialty fertilizer" means a commercial fertilizer distributed primarily for nonfarm use, such as, but not limited to, use on home gardens, lawns, shrubbery, flowers, golf courses, municipal parks, cemeteries, greenhouses, and nurseries.
(31) "Ton" means the net weight of two thousand pounds avoirdupois.
(32) "Total nutrients" means the sum of the percentages of total nitrogen, available phosphoric acid, and soluble potash as guaranteed and as determined by analysis.
(33)(a) "Turf" means land, including residential property, commercial property, and publicly owned land, which is planted in closely mowed, managed grass.
(b) "Turf" does not include pasture land, land used to grow grass for sod, or any other land used for agricultural production or residential vegetable or flower gardening.
(34) "Turf fertilizer" means a commercial fertilizer that is labeled for use on turf.
(35) "Washington application rate" is calculated by using an averaging period of up to four consecutive years that incorporates agronomic rates that are representative of soil, crop rotation, and climatic conditions in Washington state.
(36) "Waste-derived fertilizer" means a commercial fertilizer that is derived in whole or in part from solid waste as defined in chapter
70.95 or
70.105 RCW
(as recodified by this act), or rules adopted thereunder, but does not include fertilizers derived from biosolids or biosolids products regulated under chapter
70.95J RCW
(as recodified by this act) or wastewaters regulated under chapter
90.48 RCW.
Sec. 1002. RCW
15.54.325 and 2008 c 292 s 1 are each amended to read as follows:
(1) No person may distribute in this state a commercial fertilizer until it has been registered with the department by the producer, importer, or packager of that product.
(2) An application for registration must be made on a form furnished by the department and must include the following:
(a) The product name;
(b) The brand and grade;
(c) The guaranteed analysis;
(d) Name, address, and phone number of the registrant;
(e) A label for each product being registered;
(f) Identification of those products that are (i) waste-derived fertilizers, (ii) micronutrient fertilizers, or (iii) fertilizer materials containing phosphate;
(g) The concentration of each metal, for which standards are established under RCW
15.54.800, in each product being registered, unless the product is (i) anhydrous ammonia or a solution derived solely from dissolving anhydrous ammonia in water, (ii) a customer-formula fertilizer containing only registered commercial fertilizers, or (iii) a packaged commercial fertilizer whose plant nutrient content is present in the form of a single chemical compound which is registered in compliance with this chapter and the product is not blended with any other material. The provisions of (g)(i) of this subsection do not apply if the anhydrous ammonia is derived in whole or in part from waste such that the fertilizer is a "waste-derived fertilizer" as defined in RCW
15.54.270. Verification of a registration relied on by an applicant under (g)(iii) of this subsection must be submitted with the application;
(h) If a waste-derived fertilizer or micronutrient fertilizer, information to ensure the product complies with chapter
70.105 RCW
(as recodified by this act) and the resource conservation and recovery act, 42 U.S.C. Sec. 6901 et seq.; and
(i) Any other information required by the department by rule.
(3) All companies planning to mix customer-formula fertilizers shall include the statement "customer-formula grade mixes" under the column headed "product name" on the product registration application form. All customer-formula fertilizers sold under one brand name shall be considered one product.
(4) Registrations are issued by the department for a two-year period beginning on July 1st of a given year and ending twenty-four months later on July 1st, except that registrations issued to a registrant who applies to register an additional product during the last twelve months of the registrant's period expire on the next July 1st.
(5) An application for registration must be accompanied by a fee of fifty dollars for each product.
(6) Application for renewal of registration is due July 1st of each registration period. If an application for renewal is not received by the department by the due date, a late fee of ten dollars per product is added to the original fee and must be paid by the applicant before the renewal registration may be issued. A late fee does not apply if the applicant furnishes an affidavit that he or she has not distributed this commercial fertilizer subsequent to the expiration of the prior registration. Payment of a late fee does not prevent the department from taking any action authorized by this chapter for the violation.
Sec. 1003. RCW
15.54.820 and 1998 c 36 s 16 are each amended to read as follows:
(1) After receipt from the department of the completed application required by RCW
15.54.325, the department of ecology shall evaluate whether the use of the proposed waste-derived fertilizer or the micronutrient fertilizer as defined in RCW
15.54.270 is consistent with the following:
(a) Chapter
70.95 RCW
(as recodified by this act), the solid waste management act;
(b) Chapter
70.105 RCW
(as recodified by this act), the hazardous waste management act; and
(c) 42 U.S.C. Sec. 6901 et seq., the resource conservation and recovery act.
(2) The department of ecology shall apply the standards adopted in RCW
15.54.800. If more stringent standards apply under chapter 173-303 WAC for the same constituents, the department of ecology must use the more stringent standards.
(3) Within sixty days of receiving the completed application, the department of ecology shall advise the department as to whether the application complies with the requirements of subsections (1) and (2) of this section. In making a determination, the department of ecology shall consult with the department of health and the department of labor and industries.
(4) A party aggrieved by a decision of the department of ecology to issue a written approval under this section or to deny the issuance of such an approval may appeal the decision to the pollution control hearings board within thirty days of the decision. Review of such a decision shall be conducted in accordance with chapter
43.21B RCW. Any subsequent appeal of a decision of the hearings board shall be obtained in accordance with RCW
43.21B.180.
Sec. 1004. RCW
19.405.020 and 2019 c 288 s 2 are each amended to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Allocation of electricity" means, for the purposes of setting electricity rates, the costs and benefits associated with the resources used to provide electricity to an electric utility's retail electricity consumers that are located in this state.
(2) "Alternative compliance payment" means the payment established in RCW
19.405.090(2).
(3) "Attorney general" means the Washington state office of the attorney general.
(4) "Auditor" means: (a) The Washington state auditor's office or its designee for utilities under its jurisdiction under this chapter that are consumer-owned utilities; or (b) an independent auditor selected by a utility that is not under the jurisdiction of the state auditor and is not an investor-owned utility.
(5)(a) "Biomass energy" includes: (i) Organic by-products of pulping and the wood manufacturing process; (ii) animal manure; (iii) solid organic fuels from wood; (iv) forest or field residues; (v) untreated wooden demolition or construction debris; (vi) food waste and food processing residuals; (vii) liquors derived from algae; (viii) dedicated energy crops; and (ix) yard waste.
(b) "Biomass energy" does not include: (i) Wood pieces that have been treated with chemical preservatives such as creosote, pentachlorophenol, or copper-chrome-arsenic; (ii) wood from old growth forests; or (iii) municipal solid waste.
(6) "Carbon dioxide equivalent" has the same meaning as defined in RCW
70.235.010 (as recodified by this act).
(7)(a) "Coal-fired resource" means a facility that uses coal-fired generating units, or that uses units fired in whole or in part by coal as feedstock, to generate electricity.
(b)(i) "Coal-fired resource" does not include an electric generating facility that is included as part of a limited duration wholesale power purchase, not to exceed one month, made by an electric utility for delivery to retail electric customers that are located in this state for which the source of the power is not known at the time of entry into the transaction to procure the electricity.
(ii) "Coal-fired resource" does not include an electric generating facility that is subject to an obligation to meet the standards contained in RCW
80.80.040(3)(c).
(8) "Commission" means the Washington utilities and transportation commission.
(9) "Conservation and efficiency resources" means any reduction in electric power consumption that results from increases in the efficiency of energy use, production, transmission, or distribution.
(10) "Consumer-owned utility" means a municipal electric utility formed under Title
35 RCW, a public utility district formed under Title
54 RCW, an irrigation district formed under chapter
87.03 RCW, a cooperative formed under chapter
23.86 RCW, or a mutual corporation or association formed under chapter
24.06 RCW, that is engaged in the business of distributing electricity to more than one retail electric customer in the state.
(11) "Demand response" means changes in electric usage by demand-side resources from their normal consumption patterns in response to changes in the price of electricity, or to incentive payments designed to induce lower electricity use, at times of high wholesale market prices or when system reliability is jeopardized. "Demand response" may include measures to increase or decrease electricity production on the customer's side of the meter in response to incentive payments.
(12) "Department" means the department of commerce.
(13) "Distributed energy resource" means a nonemitting electric generation or renewable resource or program that reduces electric demand, manages the level or timing of electricity consumption, or provides storage, electric energy, capacity, or ancillary services to an electric utility and that is located on the distribution system, any subsystem of the distribution system, or behind the customer meter, including conservation and energy efficiency.
(14) "Electric utility" or "utility" means a consumer-owned utility or an investor-owned utility.
(15) "Energy assistance" means a program undertaken by a utility to reduce the household energy burden of its customers.
(a) Energy assistance includes, but is not limited to, weatherization, conservation and efficiency services, and monetary assistance, such as a grant program or discounts for lower income households, intended to lower a household's energy burden.
(b) Energy assistance may include direct customer ownership in distributed energy resources or other strategies if such strategies achieve a reduction in energy burden for the customer above other available conservation and demand-side measures.
(16) "Energy assistance need" means the amount of assistance necessary to achieve a level of household energy burden established by the department or commission.
(17) "Energy burden" means the share of annual household income used to pay annual home energy bills.
(18)(a) "Energy transformation project" means a project or program that: Provides energy-related goods or services, other than the generation of electricity; results in a reduction of fossil fuel consumption and in a reduction of the emission of greenhouse gases attributable to that consumption; and provides benefits to the customers of an electric utility.
(b) "Energy transformation project" may include but is not limited to:
(i) Home weatherization or other energy efficiency measures, including market transformation for energy efficiency products, in excess of: The target established under RCW
19.285.040(1), if applicable; other state obligations; or other obligations in effect on May 7, 2019;
(ii) Support for electrification of the transportation sector including, but not limited to:
(A) Equipment on an electric utility's transmission and distribution system to accommodate electric vehicle connections, as well as smart grid systems that enable electronic interaction between the electric utility and charging systems, and facilitate the utilization of vehicle batteries for system needs;
(B) Incentives for the sale or purchase of electric vehicles, both battery and fuel cell powered, as authorized under state or federal law;
(C) Incentives for the installation of charging equipment for electric vehicles;
(D) Incentives for the electrification of vehicle fleets utilizing a battery or fuel cell for electric supply;
(E) Incentives to install and operate equipment to produce or distribute renewable hydrogen; and
(F) Incentives for renewable hydrogen fueling stations;
(iii) Investment in distributed energy resources and grid modernization to facilitate distributed energy resources and improved grid resilience;
(iv) Investments in equipment for renewable natural gas processing, conditioning, and production, or equipment or infrastructure used solely for the purpose of delivering renewable natural gas for consumption or distribution;
(v) Contributions to self-directed investments in the following measures to serve the sites of large industrial gas and electrical customers: (A) Conservation; (B) new renewable resources; (C) behind-the-meter technology that facilitates demand response cooperation to reduce peak loads; (D) infrastructure to support electrification of transportation needs, including battery and fuel cell electrification; or (E) renewable natural gas processing, conditioning, or production; and
(vi) Projects and programs that achieve energy efficiency and emission reductions in the agricultural sector, including bioenergy and renewable natural gas projects.
(19) "Fossil fuel" means natural gas, petroleum, coal, or any form of solid, liquid, or gaseous fuel derived from such a material.
(20) "Governing body" means: The council of a city or town; the commissioners of an irrigation district, municipal electric utility, or public utility district; or the board of directors of an electric cooperative or mutual association that has the authority to set and approve rates.
(21) "Greenhouse gas" includes carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride, and any other gas or gases designated by the department of ecology by rule under RCW
70.235.010 (as recodified by this act).
(22) "Greenhouse gas content calculation" means a calculation expressed in carbon dioxide equivalent and made by the department of ecology, in consultation with the department, for the purposes of determining the emissions from the complete combustion or oxidation of fossil fuels and the greenhouse gas emissions in electricity for use in calculating the greenhouse gas emissions content in electricity.
(23) "Highly impacted community" means a community designated by the department of health based on cumulative impact analyses in RCW
19.405.140 or a community located in census tracts that are fully or partially on "Indian country" as defined in 18 U.S.C. Sec. 1151.
(24) "Investor-owned utility" means a company owned by investors that meets the definition of "corporation" in RCW
80.04.010 and is engaged in distributing electricity to more than one retail electric customer in the state.
(25) "Low-income" means household incomes as defined by the department or commission, provided that the definition may not exceed the higher of eighty percent of area median household income or two hundred percent of the federal poverty level, adjusted for household size.
(26)(a) "Market customer" means a nonresidential retail electric customer of an electric utility that: (i) Purchases electricity from an entity or entities other than the utility with which it is directly interconnected; or (ii) generates electricity to meet one hundred percent of its own needs.
(b) An "affected market customer" is a customer of an investor-owned utility who becomes a market customer after May 7, 2019.
(27)(a) "Natural gas" means naturally occurring mixtures of hydrocarbon gases and vapors consisting principally of methane, whether in gaseous or liquid form, including methane clathrate.
(b) "Natural gas" does not include renewable natural gas or the portion of renewable natural gas when blended into other fuels.
(28)(a) "Nonemitting electric generation" means electricity from a generating facility or a resource that provides electric energy, capacity, or ancillary services to an electric utility and that does not emit greenhouse gases as a by-product of energy generation.
(b) "Nonemitting electric generation" does not include renewable resources.
(29)(a) "Nonpower attributes" means all environmentally related characteristics, exclusive of energy, capacity reliability, and other electrical power service attributes, that are associated with the generation of electricity, including but not limited to the facility's fuel type, geographic location, vintage, qualification as a renewable resource, and avoided emissions of pollutants to the air, soil, or water, and avoided emissions of carbon dioxide and other greenhouse gases.
(b) "Nonpower attributes" does not include any aspects, claims, characteristics, and benefits associated with the on-site capture and destruction of methane or other greenhouse gases at a facility through a digester system, landfill gas collection system, or other mechanism, which may be separately marketable as greenhouse gas emission reduction credits, offsets, or similar tradable commodities. However, these separate avoided emissions may not result in or otherwise have the effect of attributing greenhouse gas emissions to the electricity.
(30) "Qualified transmission line" means an overhead transmission line that is: (a) Designed to carry a voltage in excess of one hundred thousand volts; (b) owned in whole or in part by an investor-owned utility; and (c) primarily or exclusively used by such an investor-owned utility as of May 7, 2019, to transmit electricity generated by a coal-fired resource.
(31) "Renewable energy credit" means a tradable certificate of proof of one megawatt-hour of a renewable resource. The certificate includes all of the nonpower attributes associated with that one megawatt-hour of electricity and the certificate is verified by a renewable energy credit tracking system selected by the department.
(32) "Renewable hydrogen" means hydrogen produced using renewable resources both as the source for the hydrogen and the source for the energy input into the production process.
(33) "Renewable natural gas" means a gas consisting largely of methane and other hydrocarbons derived from the decomposition of organic material in landfills, wastewater treatment facilities, and anaerobic digesters.
(34) "Renewable resource" means: (a) Water; (b) wind; (c) solar energy; (d) geothermal energy; (e) renewable natural gas; (f) renewable hydrogen; (g) wave, ocean, or tidal power; (h) biodiesel fuel that is not derived from crops raised on land cleared from old growth or first growth forests; or (i) biomass energy.
(35)(a) "Retail electric customer" means a person or entity that purchases electricity from any electric utility for ultimate consumption and not for resale.
(b) "Retail electric customer" does not include, in the case of any electric utility, any person or entity that purchases electricity exclusively from carbon-free and eligible renewable resources, as defined in RCW
19.285.030 as of January 1, 2019, pursuant to a special contract with an investor-owned utility approved by an order of the commission prior to May 7, 2019.
(36) "Retail electric load" means the amount of megawatt-hours of electricity delivered in a given calendar year by an electric utility to its Washington retail electric customers. "Retail electric load" does not include:
(a) Megawatt-hours delivered from qualifying facilities under the federal public utility regulatory policies act of 1978, P.L. 95-617, in operation prior to May 7, 2019, provided that no entity other than the electric utility can make a claim on delivery of the megawatt-hours from those resources; or
(b) Megawatt-hours delivered to an electric utility's system from a renewable resource through a voluntary renewable energy purchase by a retail electric customer of the utility in which the renewable energy credits associated with the megawatt-hours delivered are retired on behalf of the retail electric customer.
(37) "Thermal renewable energy credit" means, with respect to a facility that generates electricity using biomass energy that also generates thermal energy for a secondary purpose, a renewable energy credit that is equivalent to three million four hundred twelve thousand British thermal units of energy used for such secondary purpose.
(38) "Unbundled renewable energy credit" means a renewable energy credit that is sold, delivered, or purchased separately from electricity. All thermal renewable energy credits are considered unbundled renewable energy credits.
(39) "Unspecified electricity" means an electricity source for which the fuel attribute is unknown or has been separated from the energy delivered to retail electric customers.
(40) "Vulnerable populations" means communities that experience a disproportionate cumulative risk from environmental burdens due to:
(a) Adverse socioeconomic factors, including unemployment, high housing and transportation costs relative to income, access to food and health care, and linguistic isolation; and
(b) Sensitivity factors, such as low birth weight and higher rates of hospitalization.
Sec. 1005. RCW
35.21.120 and 1989 c 399 s 1 are each amended to read as follows:
A city or town may by ordinance provide for the establishment of a system or systems of solid waste handling for the entire city or town or for portions thereof. A city or town may provide for solid waste handling by or under the direction of officials and employees of the city or town or may award contracts for any service related to solid waste handling including contracts entered into under RCW
35.21.152. Contracts for solid waste handling may provide that a city or town provide for a minimum periodic fee or other method of compensation in consideration of the operational availability of a solid waste handling system, plant, site, or other facility at a specified minimum level, without regard to the ownership of the system, plant, site, or other facility, or the amount of solid waste actually handled during all or any part of the contract period. When a minimum level of solid waste is specified in a contract for solid waste handling, there shall be a specific allocation of financial responsibility in the event the amount of solid waste handled falls below the minimum level provided in the contract.
As used in this chapter, the terms "solid waste" and "solid waste handling" shall be as defined in RCW
70.95.030 (as recodified by this act).
Sec. 1006. RCW
35.21.135 and 1991 c 319 s 404 are each amended to read as follows:
(1) Each city or town providing by ordinance or resolution a reduced solid waste collection rate to residents participating in a residential curbside recycling program implemented under RCW
70.95.090 (as recodified by this act), may provide a similar reduced rate to residents participating in any other recycling program, if such program is approved by the jurisdiction. Nothing in this section shall be interpreted to reduce the authority of a city to adopt ordinances under RCW
35.21.130(1).
(2) For the purposes of this section, "reduced rate" means a residential solid waste collection rate incorporating a rebate, refund, or discount. Reduced rate shall not include residential solid waste collection rate based on the volume or weight of solid waste set out for collection.
Sec. 1007. RCW
35.21.154 and 1989 c 399 s 3 are each amended to read as follows:
Nothing in RCW
35.21.152 will relieve a city or town of its obligations to comply with the requirements of chapter
70.95 RCW
(as recodified by this act).
Sec. 1008. RCW
35.21.156 and 1989 c 399 s 7 are each amended to read as follows:
(1) Notwithstanding the provisions of any city charter, or any law to the contrary, and in addition to any other authority provided by law, the legislative authority of a city or town may contract with one or more vendors for one or more of the design, construction, or operation of, or other service related to, the systems, plants, sites, or other facilities for solid waste handling in accordance with the procedures set forth in this section. Solid waste handling systems, plants, sites, or other facilities constructed, purchased, acquired, leased, added to, altered, extended, maintained, managed, utilized, or operated pursuant to this section, RCW
35.21.120 and
35.21.152, whether publicly or privately owned, shall be in substantial compliance with the solid waste management plan applicable to the city or town adopted pursuant to chapter
70.95 RCW
(as recodified by this act). Agreements relating to such solid waste handling systems, plants, sites, or other facilities may be for such term and may contain such covenants, conditions, and remedies as the legislative authority of a city or town may deem necessary or appropriate. When a contract for design services is entered into separately from other services permitted under this section, procurement shall be in accordance with chapter
39.80 RCW.
(2) If the legislative authority of the city or town decides to proceed with the consideration of qualifications or proposals for services from vendors, the city or town shall publish notice of its requirements and request submission of qualifications statements or proposals. The notice shall be published in the official newspaper of the city or town at least once a week for two weeks not less than sixty days before the final date for the submission of qualifications statements or proposals. The notice shall state in summary form (a) the general scope and nature of the design, construction, operation, or other service, (b) the name and address of a representative of the city or town who can provide further details, (c) the final date for the submission of qualifications statements or proposals, (d) an estimated schedule for the consideration of qualifications, the selection of vendors, and the negotiation of a contract or contracts for services, (e) the location at which a copy of any request for qualifications or request for proposals will be made available, and (f) the criteria established by the legislative authority to select a vendor or vendors, which may include but shall not be limited to the vendor's prior experience, including design, construction, or operation of other similar facilities; respondent's management capability, schedule availability and financial resources; cost of the services, nature of facility design proposed by the vendor; system reliability; performance standards required for the facilities; compatibility with existing service facilities operated by the public body or other providers of service to the public; project performance guarantees; penalty and other enforcement provisions; environmental protection measures to be used; consistency with the applicable comprehensive solid waste management plan; and allocation of project risks.
(3) If the legislative authority of the city or town decides to proceed with the consideration of qualifications or proposals, it may designate a representative to evaluate the vendors who submitted qualifications statements or proposals and conduct discussions regarding qualifications or proposals with one or more vendors. The legislative authority or representative may request submission of qualifications statements and may later request more detailed proposals from one or more vendors who have submitted qualifications statements, or may request detailed proposals without having first received and evaluated qualifications statements. The legislative authority or its representative shall evaluate the qualifications or proposals, as applicable. If two or more vendors submit qualifications or proposals that meet the criteria established by the legislative authority of the city or town, discussions and interviews shall be held with at least two vendors. Any revisions to a request for qualifications or request for proposals shall be made available to all vendors then under consideration by the city or town and shall be made available to any other person who has requested receipt of that information.
(4) Based on criteria established by the legislative authority of the city or town, the representative shall recommend to the legislative authority a vendor or vendors that are initially determined to be the best qualified to provide one or more of the design, construction or operation of, or other service related to, the proposed project or services. The legislative authority may select one or more qualified vendors for one or more of the design, construction, or operation of, or other service related to, the proposed project or services.
(5) The legislative authority or its representative may attempt to negotiate a contract with the vendor or vendors selected for one or more of the design, construction, or operation of, or other service related to, the proposed project or services on terms that the legislative authority determines to be fair and reasonable and in the best interest of the city or town. If the legislative authority or its representative is unable to negotiate such a contract with any one or more of the vendors first selected on terms that it determines to be fair and reasonable and in the best interest of the city or town, negotiations with any one or more of the vendors shall be terminated or suspended and another qualified vendor or vendors may be selected in accordance with the procedures set forth in this section. If the legislative authority decides to continue the process of selection, negotiations shall continue with a qualified vendor or vendors in accordance with this section at the sole discretion of the legislative authority until an agreement is reached with one or more qualified vendors, or the process is terminated by the legislative authority. The process may be repeated until an agreement is reached.
(6) Prior to entering into a contract with a vendor, the legislative authority of the city or town shall make written findings, after holding a public hearing on the proposal, that it is in the public interest to enter into the contract, that the contract is financially sound, and that it is advantageous for the city or town to use this method for awarding contracts compared to other methods.
(7) Each contract shall include a project performance bond or bonds or other security by the vendor that in the judgment of the legislative authority of the city or town is sufficient to secure adequate performance by the vendor.
(8) The provisions of chapters
39.12((
,))
and 39.19((
, and 39.25)) RCW shall apply to a contract entered into under this section to the same extent as if the systems and plants were owned by a public body.
(9) The vendor selection process permitted by this section shall be supplemental to and shall not be construed as a repeal of or limitation on any other authority granted by law.
The alternative selection process provided by this section may not be used in the selection of a person or entity to construct a publicly owned facility for the storage or transfer of solid waste or solid waste handling equipment unless the facility is either (a) privately operated pursuant to a contract greater than five years, or (b) an integral part of a solid waste processing facility located on the same site. Instead, the applicable provisions of RCW
35.22.620, and
35.23.352, and chapters
39.04 and
39.30 RCW shall be followed.
Sec. 1009. RCW
35.21.157 and 1994 c 161 s 2 are each amended to read as follows:
(1) A city that contracts for the collection of solid waste, or provides for the collection of solid waste directly, shall notify the public of each proposed rate increase for a solid waste handling service. The notice may be mailed to each affected ratepayer or published once a week for two consecutive weeks in a newspaper of general circulation in the collection area. The notice shall be available to affected ratepayers at least forty-five days prior to the proposed effective date of the rate increase.
(2) For purposes of this section, "solid waste handling" has the same meaning as provided in RCW
70.95.030 (as recodified by this act).
Sec. 1010. RCW
35.21.409 and 2013 c 291 s 16 are each amended to read as follows:
(1) Following the inspection required under RCW
35.21.408 and prior to transferring ownership of a city or town-owned vessel, a city or town shall obtain the following from the transferee:
(a) The purposes for which the transferee intends to use the vessel; and
(b) Information demonstrating the prospective owner's intent to obtain legal moorage following the transfer, in the manner determined by the city or town.
(2)(a) The city or town shall remove any containers or other materials that are not fixed to the vessel and contain hazardous substances, as defined under RCW
70.105D.020 (as recodified by this act).
(b) However, the city or town may transfer a vessel with:
(i) Those containers or materials described under (a) of this subsection where the transferee demonstrates to the city or town's satisfaction that the container's or material's presence is consistent with the anticipated use of the vessel; and
(ii) A reasonable amount of fuel as determined by the city or town, based on factors including the vessel's size, condition, and anticipated use of the vessel, including initial destination following transfer.
(c) The city or town may consult with the department of ecology in carrying out the requirements of this subsection.
(3) Prior to sale, and unless the vessel has a title or valid marine document, the city or town is required to apply for a certificate of title for the vessel under RCW
88.02.510 and register the vessel under RCW
88.02.550.
Sec. 1011. RCW
35.21.755 and 2007 c 104 s 16 are each amended to read as follows:
(1) A public corporation, commission, or authority created pursuant to RCW
35.21.730,
35.21.660, or
81.112.320 shall receive the same immunity or exemption from taxation as that of the city, town, or county creating the same: PROVIDED, That, except for (a) any property within a special review district established by ordinance prior to January 1, 1976, or listed on or which is within a district listed on any federal or state register of historical sites or (b) any property owned, operated, or controlled by a public corporation that is used primarily for low-income housing, or that is used as a convention center, performing arts center, public assembly hall, public meeting place, public esplanade, street, public way, public open space, park, public utility corridor, or view corridor for the general public or (c) any blighted property owned, operated, or controlled by a public corporation that was acquired for the purpose of remediation and redevelopment of the property in accordance with an agreement or plan approved by the city, town, or county in which the property is located, or (d) any property owned, operated, or controlled by a public corporation created under RCW
81.112.320, any such public corporation, commission, or authority shall pay to the county treasurer an annual excise tax equal to the amounts which would be paid upon real property and personal property devoted to the purposes of such public corporation, commission, or authority were it in private ownership, and such real property and personal property is acquired and/or operated under RCW
35.21.730 through
35.21.755, and the proceeds of such excise tax shall be allocated by the county treasurer to the various taxing authorities in which such property is situated, in the same manner as though the property were in private ownership: PROVIDED FURTHER, That the provisions of chapter
82.29A RCW shall not apply to property within a special review district established by ordinance prior to January 1, 1976, or listed on or which is within a district listed on any federal or state register of historical sites and which is controlled by a public corporation, commission, or authority created pursuant to RCW
35.21.730 or
35.21.660, which was in existence prior to January 1, 1987: AND PROVIDED FURTHER, That property within a special review district established by ordinance prior to January 1, 1976, or property which is listed on any federal or state register of historical sites and controlled by a public corporation, commission, or authority created pursuant to RCW
35.21.730 or
35.21.660, which was in existence prior to January 1, 1976, shall receive the same immunity or exemption from taxation as if such property had been within a district listed on any such federal or state register of historical sites as of January 1, 1976, and controlled by a public corporation, commission, or authority created pursuant to RCW
35.21.730 or
35.21.660 which was in existence prior to January 1, 1976.
(2) As used in this section:
(a) "Low-income" means a total annual income, adjusted for family size, not exceeding fifty percent of the area median income.
(b) "Area median income" means:
(i) For an area within a standard metropolitan statistical area, the area median income reported by the United States department of housing and urban development for that standard metropolitan statistical area; or
(ii) For an area not within a standard metropolitan statistical area, the county median income reported by the department of ((community, trade, and economic development))commerce.
(c) "Blighted property" means property that is contaminated with hazardous substances as defined under RCW
70.105D.020 (as recodified by this act).
Sec. 1012. RCW
35.22.625 and 1989 c 399 s 4 are each amended to read as follows:
RCW
35.22.620 does not apply to the selection of persons or entities to construct or develop water pollution control facilities or to provide water pollution control services under RCW
70.150.040 (as recodified by this act) or the selection of persons or entities to construct or develop solid waste handling facilities or to provide solid waste handling services under RCW
35.21.156.
Sec. 1013. RCW
35.23.351 and 1989 c 399 s 5 are each amended to read as follows:
RCW
35.23.352 does not apply to the selection of persons or entities to construct or develop water pollution control facilities or to provide water pollution control services under RCW
70.150.040 (as recodified by this act) or the selection of persons or entities to construct or develop solid waste handling facilities or to provide solid waste handling services under RCW
35.21.156.
Sec. 1014. RCW
35.92.020 and 2003 c 394 s 2 are each amended to read as follows:
(1) A city or town may construct, condemn and purchase, purchase, acquire, add to, alter, maintain, and operate systems, plants, sites, or other facilities of sewerage as defined in RCW
35.67.010, or solid waste handling as defined by RCW
70.95.030 (as recodified by this act). A city or town shall have full authority to manage, regulate, operate, control, and, except as provided in subsection (3) of this section, to fix the price of service and facilities of those systems, plants, sites, or other facilities within and without the limits of the city or town.
(2) Subject to subsection (3) of this section, the rates charged shall be uniform for the same class of customers or service and facilities. In classifying customers served or service and facilities furnished by a system or systems of sewerage, the legislative authority of the city or town may in its discretion consider any or all of the following factors:
(a) The difference in cost of service and facilities to customers;
(b) The location of customers within and without the city or town;
(c) The difference in cost of maintenance, operation, repair, and replacement of the parts of the system;
(d) The different character of the service and facilities furnished to customers;
(e) The quantity and quality of the sewage delivered and the time of its delivery;
(f) Capital contributions made to the systems, plants, sites, or other facilities, including but not limited to, assessments;
(g) The nonprofit public benefit status, as defined in RCW
24.03.490, of the land user; and
(h) Any other factors that present a reasonable difference as a ground for distinction.
(3) The rate a city or town may charge under this section for storm or surface water sewer systems or the portion of the rate allocable to the storm or surface water sewer system of combined sanitary sewage and storm or surface water sewer systems shall be reduced by a minimum of ten percent for any new or remodeled commercial building that utilizes a permissive rainwater harvesting system. Rainwater harvesting systems shall be properly sized to utilize the available roof surface of the building. The jurisdiction shall consider rate reductions in excess of ten percent dependent upon the amount of rainwater harvested.
(4) Rates or charges for on-site inspection and maintenance services may not be imposed under this chapter on the development, construction, or reconstruction of property.
(5) A city or town may provide assistance to aid low-income persons in connection with services provided under this chapter.
(6) Under this chapter, after July 1, 1998, any requirements for pumping the septic tank of an on-site sewage system should be based, among other things, on actual measurement of accumulation of sludge and scum by a trained inspector, trained owner's agent, or trained owner. Training must occur in a program approved by the state board of health or by a local health officer.
(7) Before adopting on-site inspection and maintenance utility services, or incorporating residences into an on-site inspection and maintenance or sewer utility under this chapter, notification must be provided, prior to the applicable public hearing, to all residences within the proposed service area that have on-site systems permitted by the local health officer. The notice must clearly state that the residence is within the proposed service area and must provide information on estimated rates or charges that may be imposed for the service.
(8) A city or town shall not provide on-site sewage system inspection, pumping services, or other maintenance or repair services under this section using city or town employees unless the on-site system is connected by a publicly owned collection system to the city or town's sewerage system, and the on-site system represents the first step in the sewage disposal process. Nothing in this section shall affect the authority of state or local health officers to carry out their responsibilities under any other applicable law.
Sec. 1015. RCW
35.94.050 and 1986 c 244 s 11 are each amended to read as follows:
This chapter does not apply to dispositions of utility property in connection with an agreement entered into pursuant to chapter
70.150 RCW
(as recodified by this act) provided there is compliance with the procurement procedure under RCW
70.150.040 (as recodified by this act).
Sec. 1016. RCW
35A.21.152 and 1994 c 161 s 3 are each amended to read as follows:
(1) A city that contracts for the collection of solid waste, or provides for the collection of solid waste directly, shall notify the public of each proposed rate increase for a solid waste handling service. The notice may be mailed to each affected ratepayer or published once a week for two consecutive weeks in a newspaper of general circulation in the collection area. The notice shall be available to affected ratepayers at least forty-five days prior to the proposed effective date of the rate increase.
(2) For purposes of this section, "solid waste handling" has the same meaning as provided in RCW
70.95.030 (as recodified by this act).
Sec. 1017. RCW
35A.21.153 and 1991 c 319 s 405 are each amended to read as follows:
(1) Each city or town providing by ordinance or resolution a reduced solid waste collection rate to residents participating in a residential curbside recycling program implemented under RCW
70.95.090 (as recodified by this act), may provide a similar reduced rate to residents participating in any other recycling program, if such program is approved by the jurisdiction. Nothing in this section shall be interpreted to reduce the authority of a city to adopt ordinances under RCW
35.21.130(1).
(2) For the purposes of this section, "reduced rate" means a residential solid waste collection rate incorporating a rebate, refund, or discount. Reduced rate shall not include residential solid waste collection rate based on the volume or weight of solid waste set out for collection.
Sec. 1018. RCW
35A.21.324 and 2013 c 291 s 18 are each amended to read as follows:
(1) Following the inspection required under RCW
35A.21.322 and prior to transferring ownership of a code city-owned vessel, a code city shall obtain the following from the transferee:
(a) The purposes for which the transferee intends to use the vessel; and
(b) Information demonstrating the prospective owner's intent to obtain legal moorage following the transfer, in the manner determined by the code city.
(2)(a) The code city shall remove any containers or other materials that are not fixed to the vessel and contain hazardous substances, as defined under RCW
70.105D.020 (as recodified by this act).
(b) However, the code city may transfer a vessel with:
(i) Those containers or materials described under (a) of this subsection where the transferee demonstrates to the code city's satisfaction that the container's or material's presence is consistent with the anticipated use of the vessel; and
(ii) A reasonable amount of fuel as determined by the code city, based on factors including the vessel's size, condition, and anticipated use of the vessel, including initial destination following transfer.
(c) The code city may consult with the department of ecology in carrying out the requirements of this subsection.
(3) Prior to sale, and unless the vessel has a title or valid marine document, the code city is required to apply for a certificate of title for the vessel under RCW
88.02.510 and register the vessel under RCW
88.02.550.
Sec. 1019. RCW
36.32.120 and 2003 c 337 s 6 are each amended to read as follows:
The legislative authorities of the several counties shall:
(1) Provide for the erection and repairing of courthouses, jails, and other necessary public buildings for the use of the county;
(2) Lay out, discontinue, or alter county roads and highways within their respective counties, and do all other necessary acts relating thereto according to law, except within cities and towns which have jurisdiction over the roads within their limits;
(3) License and fix the rates of ferriage; grant grocery and other licenses authorized by law to be by them granted at fees set by the legislative authorities which shall not exceed the costs of administration and operation of such licensed activities;
(4) Fix the amount of county taxes to be assessed according to the provisions of law, and cause the same to be collected as prescribed by law;
(5) Allow all accounts legally chargeable against the county not otherwise provided for, and audit the accounts of all officers having the care, management, collection, or disbursement of any money belonging to the county or appropriated to its benefit;
(6) Have the care of the county property and the management of the county funds and business and in the name of the county prosecute and defend all actions for and against the county, and such other powers as are or may be conferred by law;
(7) Make and enforce, by appropriate resolutions or ordinances, all such police and sanitary regulations as are not in conflict with state law, and within the unincorporated area of the county may adopt by reference Washington state statutes and recognized codes and/or compilations printed in book form relating to the construction of buildings, the installation of plumbing, the installation of electric wiring, health, or other subjects, and may adopt such codes and/or compilations or portions thereof, together with amendments thereto, or additions thereto: PROVIDED, That except for Washington state statutes, there shall be filed in the county auditor's office one copy of such codes and compilations ten days prior to their adoption by reference, and additional copies may also be filed in library or city offices within the county as deemed necessary by the county legislative authority: PROVIDED FURTHER, That no such regulation, code, compilation, and/or statute shall be effective unless before its adoption, a public hearing has been held thereon by the county legislative authority of which at least ten days' notice has been given. Any violation of such regulations, ordinances, codes, compilations, and/or statutes or resolutions shall constitute a misdemeanor or a civil violation subject to a monetary penalty: PROVIDED FURTHER, That violation of a regulation, ordinance, code, compilation, and/or statute relating to traffic including parking, standing, stopping, and pedestrian offenses is a traffic infraction, except that violation of a regulation, ordinance, code, compilation, and/or statute equivalent to those provisions of Title
46 RCW set forth in RCW
46.63.020 remains a misdemeanor. However, the punishment for any criminal ordinance shall be the same as the punishment provided in state law for the same crime and no act that is a state crime may be made a civil violation. The notice must set out a copy of the proposed regulations or summarize the content of each proposed regulation; or if a code is adopted by reference the notice shall set forth the full official title and a statement describing the general purpose of such code. For purposes of this subsection, a summary shall mean a brief description which succinctly describes the main points of the proposed regulation. When the county publishes a summary, the publication shall include a statement that the full text of the proposed regulation will be mailed upon request. An inadvertent mistake or omission in publishing the text or a summary of the content of a proposed regulation shall not render the regulation invalid if it is adopted. The notice shall also include the day, hour, and place of hearing and must be given by publication in the newspaper in which legal notices of the county are printed;
(8) Have power to compound and release in whole or in part any debt due to the county when in their opinion the interest of their county will not be prejudiced thereby, except in cases where they or any of them are personally interested;
(9) Have power to administer oaths or affirmations necessary in the discharge of their duties and commit for contempt any witness refusing to testify before them with the same power as district judges;
(10) Have power to declare by ordinance what shall be deemed a nuisance within the county, including but not limited to "litter" and "potentially dangerous litter" as defined in RCW
70.93.030 (as recodified by this act); to prevent, remove, and abate a nuisance at the expense of the parties creating, causing, or committing the nuisance; and to levy a special assessment on the land or premises on which the nuisance is situated to defray the cost, or to reimburse the county for the cost of abating it. This assessment shall constitute a lien against the property which shall be of equal rank with state, county, and municipal taxes.
Sec. 1020. RCW
36.32.304 and 2013 c 291 s 20 are each amended to read as follows:
(1) Following the inspection required under RCW
36.32.302 and prior to transferring ownership of a county-owned vessel, a county shall obtain the following from the transferee:
(a) The purposes for which the transferee intends to use the vessel; and
(b) Information demonstrating the prospective owner's intent to obtain legal moorage following the transfer, in the manner determined by the county.
(2)(a) The county shall remove any containers or other materials that are not fixed to the vessel and contain hazardous substances, as defined under RCW
70.105D.020 (as recodified by this act).
(b) However, the county may transfer a vessel with:
(i) Those containers or materials described under (a) of this subsection where the transferee demonstrates to the county's satisfaction that the container's or material's presence is consistent with the anticipated use of the vessel; and
(ii) A reasonable amount of fuel as determined by the county, based on factors including the vessel's size, condition, and anticipated use of the vessel including initial destination following transfer.
(c) The county may consult with the department of ecology in carrying out the requirements of this subsection.
(3) Prior to sale, and unless the vessel has a title or valid marine document, the county is required to apply for a certificate of title for the vessel under RCW
88.02.510 and register the vessel under RCW
88.02.550.
Sec. 1021. RCW
36.34.192 and 1986 c 244 s 12 are each amended to read as follows:
RCW
36.34.150 through
36.34.190 shall not apply to agreements entered into pursuant to chapter
70.150 RCW
(as recodified by this act) provided there is compliance with the procurement procedure under RCW
70.150.040 (as recodified by this act).
Sec. 1022. RCW
36.58.040 and 1992 c 131 s 3 are each amended to read as follows:
(1) The legislative authority of a county may by ordinance provide for the establishment of a system or systems of solid waste handling for all unincorporated areas of the county or for portions thereof. A county may designate a disposal site or sites for all solid waste collected in the unincorporated areas pursuant to the provisions of a comprehensive solid waste plan adopted pursuant to chapter
70.95 RCW
(as recodified by this act). However for any solid waste collected by a private hauler operating under a certificate granted by the Washington utilities and transportation commission under the provisions of chapter
81.77 RCW and which certificate is for collection in a geographic area lying in more than one county, such designation of disposal sites shall be pursuant to an interlocal agreement between the involved counties.
(2) A county may construct, lease, purchase, acquire, add to, alter, or extend solid waste handling systems, plants, sites, or other facilities and shall have full jurisdiction and authority to manage, regulate, maintain, utilize, operate, control, and establish the rates and charges for those solid waste handling systems, plants, sites, or other facilities. A county may enter into agreements with public or private parties to: (((1)))(a) Construct, purchase, acquire, lease, add to, alter, extend, maintain, manage, utilize, or operate publicly or privately owned or operated solid waste handling systems, plants, sites, or other facilities; (((2)))(b) establish rates and charges for those systems, plants, sites, or other facilities; (((3)))(c) designate particular publicly or privately owned or operated systems, plants, sites, or other facilities as disposal sites; (((4)))(d) process, treat, or convert solid waste into other valuable or useful materials or products; and (((5)))(e) sell the material or products of those systems, plants, or other facilities.
(3) The legislative authority of a county may award contracts for solid waste handling that provide that a county provide for a minimum periodic fee or other method of compensation in consideration of the operational availability of those solid waste handling systems, plants, sites, or other facilities at a specified minimum level, without regard to the ownership of the systems, plants, sites or other facilities, or the amount of solid waste actually handled during all or any part of the contract. When a minimum level of solid waste is specified in a contract entered into under this section, there shall be a specific allocation of financial responsibility in the event the amount of solid waste handled falls below the minimum level provided in the contract. Solid waste handling systems, plants, sites, or other facilities constructed, purchased, acquired, leased, added to, altered, extended, maintained, managed, utilized, or operated pursuant to this section, whether publicly or privately owned, shall be in substantial compliance with the solid waste management plan applicable to the county adopted pursuant to chapter
70.95 RCW
(as recodified by this act). Agreements relating to such solid waste handling systems, ((
plans [plants]))
plants, sites, or other facilities may be for such term and may contain such covenants, conditions, and remedies as the legislative authority of the county may deem necessary or appropriate.
(4) As used in this chapter, the terms "solid waste" and "solid waste handling" shall be as defined in RCW
70.95.030 (as recodified by this act).
(5) The legislative authority of a county may:
(((1)))(a) By ordinance award a contract to collect source separated recyclable materials from residences within unincorporated areas. The legislative authority has complete authority to manage, regulate, and fix the price of the source separated recyclable collection service. The contracts may provide that the county pay minimum periodic fees to a municipal entity or permit holder; or
(((2)))(b) Notify the commission in writing to carry out and implement the provisions of the waste reduction and recycling element of the comprehensive solid waste management plan.
(6) This election may be made by counties at any time after July 23, 1989. An initial election must be made no later than ninety days following approval of the local comprehensive waste management plan required by RCW
70.95.090 (as recodified by this act).
(7) Nothing in this section shall be construed to authorize the operation of a solid waste collection system by counties or to authorize counties to affect the authority of the utilities and transportation commission under RCW
81.77.020.
Sec. 1023. RCW
36.58.045 and 1989 c 431 s 15 are each amended to read as follows:
(1) The legislative authority of any county may impose a fee upon the solid waste collection services of a solid waste collection company operating within the unincorporated areas of the county, to fund the administration and planning expenses that may be incurred by the county in complying with the requirements in RCW
70.95.090 (as recodified by this act). The fee may be in addition to any other solid waste services fees and charges a county may legally impose.
(2) Each county imposing the fee authorized by this section shall notify the Washington utilities and transportation commission and the affected solid waste collection companies of the amount of the fee ninety days prior to its implementation.
Sec. 1024. RCW
36.58.050 and 1975-'76 2nd ex.s. c 58 s 3 are each amended to read as follows:
When a comprehensive solid waste plan, as provided in RCW
70.95.080 (as recodified by this act), incorporates the use of transfer stations, such stations shall be considered part of the disposal site and as such, along with the transportation of solid wastes between disposal sites, shall be exempt from regulation by the Washington utilities and transportation commission as provided in chapter
81.77 RCW.
Each county may enter into contracts for the hauling of trailers of solid wastes from these transfer stations to disposal sites and return either by (1) the normal bidding process, or (2) negotiation with the qualified collection company servicing the area under authority of chapter
81.77 RCW.
Sec. 1025. RCW
36.58A.010 and 1971 ex.s. c 293 s 2 are each amended to read as follows:
Any county legislative authority may establish solid waste collection districts within the county boundaries for the mandatory collection of solid waste: PROVIDED, That no such district shall include any area within the corporate limits of any city or town without the consent of the legislative authority of the city or town. Such districts may be established only after approval of a coordinated, comprehensive solid waste management plan adopted pursuant to chapter 134, Laws of 1969 ex. sess. and chapter
70.95 RCW
(as recodified by this act) or pursuant to another solid waste management plan adopted prior to May 21, 1971 or within one year thereafter. The legislative authority of the county may modify or dissolve such district after a hearing as provided for in RCW
36.58A.020.
Sec. 1026. RCW
36.70A.130 and 2012 c 191 s 1 are each amended to read as follows:
(1)(a) Each comprehensive land use plan and development regulations shall be subject to continuing review and evaluation by the county or city that adopted them. Except as otherwise provided, a county or city shall take legislative action to review and, if needed, revise its comprehensive land use plan and development regulations to ensure the plan and regulations comply with the requirements of this chapter according to the deadlines in subsections (4) and (5) of this section.
(b) Except as otherwise provided, a county or city not planning under RCW
36.70A.040 shall take action to review and, if needed, revise its policies and development regulations regarding critical areas and natural resource lands adopted according to this chapter to ensure these policies and regulations comply with the requirements of this chapter according to the deadlines in subsections (4) and (5) of this section. Legislative action means the adoption of a resolution or ordinance following notice and a public hearing indicating at a minimum, a finding that a review and evaluation has occurred and identifying the revisions made, or that a revision was not needed and the reasons therefor.
(c) The review and evaluation required by this subsection shall include, but is not limited to, consideration of critical area ordinances and, if planning under RCW
36.70A.040, an analysis of the population allocated to a city or county from the most recent ten-year population forecast by the office of financial management.
(d) Any amendment of or revision to a comprehensive land use plan shall conform to this chapter. Any amendment of or revision to development regulations shall be consistent with and implement the comprehensive plan.
(2)(a) Each county and city shall establish and broadly disseminate to the public a public participation program consistent with RCW
36.70A.035 and
36.70A.140 that identifies procedures and schedules whereby updates, proposed amendments, or revisions of the comprehensive plan are considered by the governing body of the county or city no more frequently than once every year, except that, until December 31, 2015, the program shall provide for consideration of amendments of an urban growth area in accordance with RCW
36.70A.1301 once every year. "Updates" means to review and revise, if needed, according to subsection (1) of this section, and the deadlines in subsections (4) and (5) of this section or in accordance with the provisions of subsection (6) of this section. Amendments may be considered more frequently than once per year under the following circumstances:
(i) The initial adoption of a subarea plan. Subarea plans adopted under this subsection (2)(a)(i) must clarify, supplement, or implement jurisdiction-wide comprehensive plan policies, and may only be adopted if the cumulative impacts of the proposed plan are addressed by appropriate environmental review under chapter
43.21C RCW;
(ii) The development of an initial subarea plan for economic development located outside of the one hundred year floodplain in a county that has completed a state-funded pilot project that is based on watershed characterization and local habitat assessment;
(iii) The adoption or amendment of a shoreline master program under the procedures set forth in chapter
90.58 RCW;
(iv) The amendment of the capital facilities element of a comprehensive plan that occurs concurrently with the adoption or amendment of a county or city budget; or
(v) The adoption of comprehensive plan amendments necessary to enact a planned action under RCW ((43.21C.031(2)))43.21C.440, provided that amendments are considered in accordance with the public participation program established by the county or city under this subsection (2)(a) and all persons who have requested notice of a comprehensive plan update are given notice of the amendments and an opportunity to comment.
(b) Except as otherwise provided in (a) of this subsection, all proposals shall be considered by the governing body concurrently so the cumulative effect of the various proposals can be ascertained. However, after appropriate public participation a county or city may adopt amendments or revisions to its comprehensive plan that conform with this chapter whenever an emergency exists or to resolve an appeal of a comprehensive plan filed with the growth management hearings board or with the court.
(3)(a) Each county that designates urban growth areas under RCW
36.70A.110 shall review, according to the schedules established in subsection (5) of this section, its designated urban growth area or areas, and the densities permitted within both the incorporated and unincorporated portions of each urban growth area. In conjunction with this review by the county, each city located within an urban growth area shall review the densities permitted within its boundaries, and the extent to which the urban growth occurring within the county has located within each city and the unincorporated portions of the urban growth areas.
(b) The county comprehensive plan designating urban growth areas, and the densities permitted in the urban growth areas by the comprehensive plans of the county and each city located within the urban growth areas, shall be revised to accommodate the urban growth projected to occur in the county for the succeeding twenty-year period. The review required by this subsection may be combined with the review and evaluation required by RCW
36.70A.215.
(4) Except as provided in subsection (6) of this section, counties and cities shall take action to review and, if needed, revise their comprehensive plans and development regulations to ensure the plan and regulations comply with the requirements of this chapter as follows:
(a) On or before December 1, 2004, for Clallam, Clark, Jefferson, King, Kitsap, Pierce, Snohomish, Thurston, and Whatcom counties and the cities within those counties;
(b) On or before December 1, 2005, for Cowlitz, Island, Lewis, Mason, San Juan, Skagit, and Skamania counties and the cities within those counties;
(c) On or before December 1, 2006, for Benton, Chelan, Douglas, Grant, Kittitas, Spokane, and Yakima counties and the cities within those counties; and
(d) On or before December 1, 2007, for Adams, Asotin, Columbia, Ferry, Franklin, Garfield, Grays Harbor, Klickitat, Lincoln, Okanogan, Pacific, Pend Oreille, Stevens, Wahkiakum, Walla Walla, and Whitman counties and the cities within those counties.
(5) Except as otherwise provided in subsections (6) and (8) of this section, following the review of comprehensive plans and development regulations required by subsection (4) of this section, counties and cities shall take action to review and, if needed, revise their comprehensive plans and development regulations to ensure the plan and regulations comply with the requirements of this chapter as follows:
(a) On or before June 30, 2015, and every eight years thereafter, for King, Pierce, and Snohomish counties and the cities within those counties;
(b) On or before June 30, 2016, and every eight years thereafter, for Clallam, Clark, Island, Jefferson, Kitsap, Mason, San Juan, Skagit, Thurston, and Whatcom counties and the cities within those counties;
(c) On or before June 30, 2017, and every eight years thereafter, for Benton, Chelan, Cowlitz, Douglas, Kittitas, Lewis, Skamania, Spokane, and Yakima counties and the cities within those counties; and
(d) On or before June 30, 2018, and every eight years thereafter, for Adams, Asotin, Columbia, Ferry, Franklin, Garfield, Grant, Grays Harbor, Klickitat, Lincoln, Okanogan, Pacific, Pend Oreille, Stevens, Wahkiakum, Walla Walla, and Whitman counties and the cities within those counties.
(6)(a) Nothing in this section precludes a county or city from conducting the review and evaluation required by this section before the deadlines established in subsections (4) and (5) of this section. Counties and cities may begin this process early and may be eligible for grants from the department, subject to available funding, if they elect to do so.
(b) A county that is subject to a deadline established in subsection (4)(b) through (d) of this section and meets the following criteria may comply with the requirements of this section at any time within the thirty-six months following the deadline established in subsection (4) of this section: The county has a population of less than fifty thousand and has had its population increase by no more than seventeen percent in the ten years preceding the deadline established in subsection (4) of this section as of that date.
(c) A city that is subject to a deadline established in subsection (4)(b) through (d) of this section and meets the following criteria may comply with the requirements of this section at any time within the thirty-six months following the deadline established in subsection (4) of this section: The city has a population of no more than five thousand and has had its population increase by the greater of either no more than one hundred persons or no more than seventeen percent in the ten years preceding the deadline established in subsection (4) of this section as of that date.
(d) A county or city that is subject to a deadline established in subsection (4)(d) of this section and that meets the criteria established in (b) or (c) of this subsection may comply with the requirements of subsection (4)(d) of this section at any time within the thirty-six months after the extension provided in (b) or (c) of this subsection.
(e) A county that is subject to a deadline established in subsection (5)(b) through (d) of this section and meets the following criteria may comply with the requirements of this section at any time within the twenty-four months following the deadline established in subsection (5) of this section: The county has a population of less than fifty thousand and has had its population increase by no more than seventeen percent in the ten years preceding the deadline established in subsection (5) of this section as of that date.
(f) A city that is subject to a deadline established in subsection (5)(b) through (d) of this section and meets the following criteria may comply with the requirements of this section at any time within the twenty-four months following the deadline established in subsection (5) of this section: The city has a population of no more than five thousand and has had its population increase by the greater of either no more than one hundred persons or no more than seventeen percent in the ten years preceding the deadline established in subsection (5) of this section as of that date.
(g) State agencies are encouraged to provide technical assistance to the counties and cities in the review of critical area ordinances, comprehensive plans, and development regulations.
(7)(a) The requirements imposed on counties and cities under this section shall be considered "requirements of this chapter" under the terms of RCW
36.70A.040(1). Only those counties and cities that meet the following criteria may receive grants, loans, pledges, or financial guarantees under chapter
43.155 or
70.146 RCW
(as recodified by this act):
(i) Complying with the deadlines in this section;
(ii) Demonstrating substantial progress towards compliance with the schedules in this section for development regulations that protect critical areas; or
(iii) Complying with the extension provisions of subsection (6)(b), (c), or (d) of this section.
(b) A county or city that is fewer than twelve months out of compliance with the schedules in this section for development regulations that protect critical areas is making substantial progress towards compliance. Only those counties and cities in compliance with the schedules in this section may receive preference for grants or loans subject to the provisions of RCW
43.17.250.
(8)(a) Except as otherwise provided in (c) of this subsection, if a participating watershed is achieving benchmarks and goals for the protection of critical areas functions and values, the county is not required to update development regulations to protect critical areas as they specifically apply to agricultural activities in that watershed.
(b) A county that has made the election under RCW
36.70A.710(1) may only adopt or amend development regulations to protect critical areas as they specifically apply to agricultural activities in a participating watershed if:
(i) A work plan has been approved for that watershed in accordance with RCW
36.70A.725;
(ii) The local watershed group for that watershed has requested the county to adopt or amend development regulations as part of a work plan developed under RCW
36.70A.720;
(iii) The adoption or amendment of the development regulations is necessary to enable the county to respond to an order of the growth management hearings board or court;
(iv) The adoption or amendment of development regulations is necessary to address a threat to human health or safety; or
(v) Three or more years have elapsed since the receipt of funding.
(c) Beginning ten years from the date of receipt of funding, a county that has made the election under RCW
36.70A.710(1) must review and, if necessary, revise development regulations to protect critical areas as they specifically apply to agricultural activities in a participating watershed in accordance with the review and revision requirements and timeline in subsection (5) of this section. This subsection (8)(c) does not apply to a participating watershed that has determined under RCW
36.70A.720(2)(c)(ii) that the watershed's goals and benchmarks for protection have been met.
Sec. 1027. RCW
36.70A.200 and 2013 c 275 s 5 are each amended to read as follows:
(1) The comprehensive plan of each county and city that is planning under RCW
36.70A.040 shall include a process for identifying and siting essential public facilities. Essential public facilities include those facilities that are typically difficult to site, such as airports, state education facilities and state or regional transportation facilities as defined in RCW
47.06.140, regional transit authority facilities as defined in RCW
81.112.020, state and local correctional facilities, solid waste handling facilities, and inpatient facilities including substance abuse facilities, mental health facilities, group homes, and secure community transition facilities as defined in RCW
71.09.020.
(2) Each county and city planning under RCW
36.70A.040 shall, not later than September 1, 2002, establish a process, or amend its existing process, for identifying and siting essential public facilities and adopt or amend its development regulations as necessary to provide for the siting of secure community transition facilities consistent with statutory requirements applicable to these facilities.
(3) Any city or county not planning under RCW
36.70A.040 shall, not later than September 1, 2002, establish a process for siting secure community transition facilities and adopt or amend its development regulations as necessary to provide for the siting of such facilities consistent with statutory requirements applicable to these facilities.
(4) The office of financial management shall maintain a list of those essential state public facilities that are required or likely to be built within the next six years. The office of financial management may at any time add facilities to the list.
(5) No local comprehensive plan or development regulation may preclude the siting of essential public facilities.
(6) No person may bring a cause of action for civil damages based on the good faith actions of any county or city to provide for the siting of secure community transition facilities in accordance with this section and with the requirements of chapter 12, Laws of 2001 2nd sp. sess. For purposes of this subsection, "person" includes, but is not limited to, any individual, agency as defined in RCW
42.17A.005, corporation, partnership, association, and limited liability entity.
(7) Counties or cities siting facilities pursuant to subsection (2) or (3) of this section shall comply with RCW
71.09.341.
(8) The failure of a county or city to act by the deadlines established in subsections (2) and (3) of this section is not:
(a) A condition that would disqualify the county or city for grants, loans, or pledges under RCW
43.155.070 or
70.146.070 (as recodified by this act);
(b) A consideration for grants or loans provided under RCW
43.17.250(3); or
(c) A basis for any petition under RCW
36.70A.280 or for any private cause of action.
Sec. 1028. RCW
36.93.090 and 1996 c 230 s 1608 are each amended to read as follows:
Whenever any of the following described actions are proposed in a county in which a board has been established, the initiators of the action shall file within one hundred eighty days a notice of intention with the board: PROVIDED, That when the initiator is the legislative body of a governmental unit, the notice of intention may be filed immediately following the body's first acceptance or approval of the action. The board may review any such proposed actions pertaining to:
(1) The: (a) Creation, incorporation, or change in the boundary, other than a consolidation, of any city, town, or special purpose district; (b) consolidation of special purpose districts, but not including consolidation of cities and towns; or (c) dissolution or disincorporation of any city, town, or special purpose district, except that a board may not review the dissolution or disincorporation of a special purpose district which was dissolved or disincorporated pursuant to the provisions of chapter
36.96 RCW: PROVIDED, That the change in the boundary of a city or town arising from the annexation of contiguous city or town owned property held for a public purpose shall be exempted from the requirements of this section; or
(2) The assumption by any city or town of all or part of the assets, facilities, or indebtedness of a special purpose district which lies partially within such city or town; or
(3) The establishment of or change in the boundaries of a mutual water and sewer system or separate sewer system by a water-sewer district pursuant to RCW
57.08.065 ((
or chapter 57.40 RCW)); or
(4) The extension of permanent water or sewer service outside of its existing service area by a city, town, or special purpose district. The service area of a city, town, or special purpose district shall include all of the area within its corporate boundaries plus, (a) for extensions of water service, the area outside of the corporate boundaries which it is designated to serve pursuant to a coordinated water system plan approved in accordance with RCW
70.116.050 (as recodified by this act); and (b) for extensions of sewer service, the area outside of the corporate boundaries which it is designated to serve pursuant to a comprehensive sewerage plan approved in accordance with chapter
36.94 RCW and RCW
90.48.110.
Sec. 1029. RCW
36.94.010 and 2007 c 343 s 14 are each amended to read as follows:
As used in this chapter:
(1) A "system of sewerage" means and may include any or all of the following:
(a) Sanitary sewage collection, treatment, and/or disposal facilities and services, including without limitation on-site or off-site sanitary sewerage facilities, large on-site sewage systems defined under RCW
70.118B.010 (as recodified by this act), inspection services and maintenance services for private or public on-site systems, or any other means of sewage treatment and disposal approved by the county;
(b) Combined sanitary sewage disposal and storm or surface water drains and facilities;
(c) Storm or surface water drains, channels, and facilities;
(d) Outfalls for storm drainage or sanitary sewage and works, plants, and facilities for storm drainage or sanitary sewage treatment and disposal, and rights and interests in property relating to the system;
(e) Combined water and sewerage systems;
(f) Point and nonpoint water pollution monitoring programs that are directly related to the sewerage facilities and programs operated by a county;
(g) Public restroom and sanitary facilities;
(h) The facilities and services authorized in RCW
36.94.020; and
(i) Any combination of or part of any or all of such facilities.
(2) A "system of water" means and includes:
(a) A water distribution system, including dams, reservoirs, aqueducts, plants, pumping stations, transmission and lateral distribution lines and other facilities for distribution of water;
(b) A combined water and sewerage system;
(c) Any combination of or any part of any or all of such facilities.
(3) A "sewerage and/or water general plan" means a general plan for a system of sewerage and/or water for the county which shall be an element of the comprehensive plan established by the county pursuant to RCW
36.70.350(6) and/or chapter
35.63 RCW, if there is such a comprehensive plan.
(a) A sewerage general plan shall include the general location and description of treatment and disposal facilities, trunk and interceptor sewers, pumping stations, monitoring and control facilities, channels, local service areas and a general description of the collection system to serve those areas, a description of on-site sanitary sewerage system inspection services and maintenance services, and other facilities and services as may be required to provide a functional and implementable plan, including preliminary engineering to assure feasibility. The plan may also include a description of the regulations deemed appropriate to carrying out surface drainage plans.
(b) A water general plan shall include the general location and description of water resources to be utilized, wells, treatment facilities, transmission lines, storage reservoirs, pumping stations, and monitoring and control facilities as may be required to provide a functional and implementable plan.
(c) Water and/or sewerage general plans shall include preliminary engineering in adequate detail to assure technical feasibility and, to the extent then known, shall further discuss the methods of distributing the cost and expense of the system and shall indicate the economic feasibility of plan implementation. The plans may also specify local or lateral facilities and services. The sewerage and/or water general plan does not mean the final engineering construction or financing plans for the system.
(4) "Municipal corporation" means and includes any city, town, metropolitan municipal corporation, any public utility district which operates and maintains a sewer or water system, any sewer, water, diking, or drainage district, any diking, drainage, and sewerage improvement district, and any irrigation district.
(5) A "private utility" means and includes all utilities, both public and private, which provide sewerage and/or water service and which are not municipal corporations within the definition of this chapter. The ownership of a private utility may be in a corporation, nonprofit or for profit, in a cooperative association, in a mutual organization, or in individuals.
(6) "Board" means one or more boards of county commissioners and/or the legislative authority of a home rule charter county.
Sec. 1030. RCW
43.21A.020 and 1970 ex.s. c 62 s 2 are each amended to read as follows:
In recognition of the responsibility of state government to carry out the policies set forth in RCW
43.21A.010, it is the purpose of this chapter to establish a single state agency with the authority to manage and develop our air and water resources in an orderly, efficient, and effective manner and to carry out a coordinated program of pollution control involving these and related land resources. To this end a department of ecology is created by this chapter to undertake, in an integrated manner, the various water regulation, management, planning and development programs now authorized to be performed by the department of water resources and the water pollution control commission, the air regulation and management program now performed by the state air pollution control board, the solid waste regulation and management program authorized to be performed by state government as provided by chapter
70.95 RCW
(as recodified by this act), and such other environmental, management protection and development programs as may be authorized by the legislature.
Sec. 1031. RCW
43.21A.175 and 1997 c 419 s 2 are each amended to read as follows:
(1) At the request of a project proponent, the department shall consider information developed through a certification program when making permit or other regulatory decisions. The department may not require duplicative demonstration of such information, but may require additional information as necessary to assure that state requirements are met. A local government that has a regulatory authority delegated by the department may use information developed through a certification program when making permit or other regulatory decisions.
(2) The department shall develop a certification program for technologies for remediation of radioactive and mixed waste, as those terms are defined in chapter
70.105 RCW
(as recodified by this act), if all program development and operational costs are paid by the federal government or persons seeking certification of the technologies.
(3) Following the development of the certification program in subsection (2) of this section, the department may use the policies and procedures of that program on a pilot basis to evaluate the use of certification for site remediation technologies and other environmental technologies, if the operational costs of the certification are paid by the federal government or persons seeking certification of such technologies.
(4) The department shall charge a reasonable fee to recover the operational costs of certifying a technology.
(5) Subsections (1), (3), and (4) of this section apply to permit and other regulatory decisions made under the following: Chapters
70.94 (as recodified by this act), 70.95
(as recodified by this act), 70.105
(as recodified by this act), 70.105D
(as recodified by this act), 70.120
(as recodified by this act), 70.138
(as recodified by this act), 90.48, 90.54, and
90.56 RCW.
(6) For the purposes of this section, "certification program" means a program, developed or approved by the department, to certify the quantitative performance of an environmental technology over a specified range of parameters and conditions. Certification of a technology does not imply endorsement of a specific technology by the department, or a guarantee of the performance of a technology.
(7) The department may adopt rules as necessary to implement the requirements of subsections (2) and (3) of this section, and establish requirements and procedures for evaluation and certification of environmental technologies.
(8) The state, the department, and officers and employees of the state shall not be liable for damages resulting from the utilization of information developed through a certification program, or from a decision to certify or deny certification to an environmental technology. Actions of the department under this section are not decisions reviewable under RCW
43.21B.110.
Sec. 1032. RCW
43.21A.702 and 2013 c 291 s 24 are each amended to read as follows:
(1) Following the inspection required under RCW
43.21A.700 and prior to transferring ownership of a department-owned vessel, the department shall obtain the following from the transferee:
(a) The purposes for which the transferee intends to use the vessel; and
(b) Information demonstrating the prospective owner's intent to obtain legal moorage following the transfer, in the manner determined by the department.
(2)(a) The department shall remove any containers or other materials that are not fixed to the vessel and contain hazardous substances, as defined under RCW
70.105D.020 (as recodified by this act).
(b) However, the department may transfer a vessel with:
(i) Those containers or materials described under (a) of this subsection where the transferee demonstrates to the department's satisfaction that the container's or material's presence is consistent with the anticipated use of the vessel; and
(ii) A reasonable amount of fuel as determined by the department, based on factors including the vessel's size, condition, and anticipated use of the vessel including initial destination following transfer.
(3) Prior to sale, and unless the vessel has a valid marine document, the department is required to apply for a title or certificate of title for the vessel under RCW
88.02.510 and register the vessel under RCW
88.02.550.
Sec. 1033. RCW
43.21A.711 and 2014 c 173 s 3 are each amended to read as follows:
(1) Cities and counties may submit a petition to the department for reimbursement of extraordinary costs associated with managing unforeseen consequences of used oil contaminated with polychlorinated biphenyl and compliance with United States environmental protection agency enforcement orders and enforcement-related agreements.
(2) The department, in consultation with city and county moderate risk waste coordinators, the United States environmental protection agency, and other stakeholders, must process and prioritize city and county petitions that meet the following conditions:
(a) The petitioning city or county has followed and met:
(i) The updated best management practices guidelines for the collection and management of used oil; and
(ii) The best management practices for preventing and managing polychlorinated biphenyl contamination, as required under RCW
70.95I.030 (as recodified by this act); and
(b) The department has determined that:
(i) The costs to the petitioning city or county for disposal of the contaminated oil or for compliance with United States environmental protection agency enforcement orders or enforcement-related agreements are extraordinary; and
(ii) The city or county could not reasonably accommodate or anticipate the extraordinary costs in their normal budget processes by following and meeting the best management practices for oil contaminated with polychlorinated biphenyl.
(3) Before January 1st of each year, the department must develop and submit to the appropriate fiscal committees of the senate and house of representatives a prioritized list of submitted petitions that the department recommends for funding by the legislature. It is the intent of the legislature that if funded, the reimbursement of extraordinary city or county costs associated with polychlorinated biphenyl management and compliance activities come from the model toxics control ((
accounts))
operating account created in RCW 70.105D.190 (as recodified by this act).
Sec. 1034. RCW
43.21B.110 and 2019 c 344 s 16, 2019 c 292 s 10, and 2019 c 290 s 12 are each reenacted and amended to read as follows:
(1) The hearings board shall only have jurisdiction to hear and decide appeals from the following decisions of the department, the director, local conservation districts, the air pollution control boards or authorities as established pursuant to chapter
70.94 RCW
(as recodified by this act), local health departments, the department of natural resources, the department of fish and wildlife, the parks and recreation commission, and authorized public entities described in chapter
79.100 RCW:
(a) Civil penalties imposed pursuant to RCW
18.104.155,
70.94.431 (as recodified by this act),
70.105.080 (as recodified by this act),
70.107.050 (as recodified by this act),
70.365.070 (as recodified by this act),
70.375.060 (as recodified by this act),
76.09.170,
77.55.440,
78.44.250,
88.46.090,
90.03.600,
90.46.270,
90.48.144,
90.56.310,
90.56.330, and
90.64.102.
(b) Orders issued pursuant to RCW
18.104.043,
18.104.060,
43.27A.190,
70.94.211 (as recodified by this act),
70.94.332 (as recodified by this act),
70.105.095 (as recodified by this act),
70.365.070 (as recodified by this act),
86.16.020,
88.46.070,
90.14.130,
90.46.250,
90.48.120, and
90.56.330.
(c) A final decision by the department or director made under chapter 183, Laws of 2009.
(d) Except as provided in RCW
90.03.210(2), the issuance, modification, or termination of any permit, certificate, or license by the department or any air authority in the exercise of its jurisdiction, including the issuance or termination of a waste disposal permit, the denial of an application for a waste disposal permit, the modification of the conditions or the terms of a waste disposal permit, or a decision to approve or deny an application for a solid waste permit exemption under RCW
70.95.300 (as recodified by this act).
(e) Decisions of local health departments regarding the grant or denial of solid waste permits pursuant to chapter
70.95 RCW
(as recodified by this act).
(f) Decisions of local health departments regarding the issuance and enforcement of permits to use or dispose of biosolids under RCW
70.95J.080 (as recodified by this act).
(g) Decisions of the department regarding waste-derived fertilizer or micronutrient fertilizer under RCW
15.54.820, and decisions of the department regarding waste-derived soil amendments under RCW
70.95.205 (as recodified by this act).
(h) Decisions of local conservation districts related to the denial of approval or denial of certification of a dairy nutrient management plan; conditions contained in a plan; application of any dairy nutrient management practices, standards, methods, and technologies to a particular dairy farm; and failure to adhere to the plan review and approval timelines in RCW
90.64.026.
(i) Any other decision by the department or an air authority which pursuant to law must be decided as an adjudicative proceeding under chapter
34.05 RCW.
(j) Decisions of the department of natural resources, the department of fish and wildlife, and the department that are reviewable under chapter
76.09 RCW, and the department of natural resources' appeals of county, city, or town objections under RCW
76.09.050(7).
(k) Forest health hazard orders issued by the commissioner of public lands under RCW
76.06.180.
(l) Decisions of the department of fish and wildlife to issue, deny, condition, or modify a hydraulic project approval permit under chapter
77.55 RCW, to issue a stop work order, to issue a notice to comply, to issue a civil penalty, or to issue a notice of intent to disapprove applications.
(m) Decisions of the department of natural resources that are reviewable under RCW
78.44.270.
(n) Decisions of an authorized public entity under RCW
79.100.010 to take temporary possession or custody of a vessel or to contest the amount of reimbursement owed that are reviewable by the hearings board under RCW
79.100.120.
(2) The following hearings shall not be conducted by the hearings board:
(a) Hearings required by law to be conducted by the shorelines hearings board pursuant to chapter
90.58 RCW.
(d) Hearings conducted by the department to adopt, modify, or repeal rules.
(3) Review of rules and regulations adopted by the hearings board shall be subject to review in accordance with the provisions of the administrative procedure act, chapter
34.05 RCW.
Sec. 1035. RCW
43.21B.110 and 2019 c 344 s 16, 2019 c 292 s 10, and 2019 c 290 s 12 are each reenacted and amended to read as follows:
(1) The hearings board shall only have jurisdiction to hear and decide appeals from the following decisions of the department, the director, local conservation districts, the air pollution control boards or authorities as established pursuant to chapter
70.94 RCW
(as recodified by this act), local health departments, the department of natural resources, the department of fish and wildlife, the parks and recreation commission, and authorized public entities described in chapter
79.100 RCW:
(a) Civil penalties imposed pursuant to RCW
18.104.155,
70.94.431 (as recodified by this act),
70.105.080 (as recodified by this act),
70.107.050 (as recodified by this act),
70.365.070 (as recodified by this act),
70.375.060 (as recodified by this act),
76.09.170,
77.55.440,
78.44.250,
88.46.090,
90.03.600,
90.46.270,
90.48.144,
90.56.310,
90.56.330, and
90.64.102.
(b) Orders issued pursuant to RCW
18.104.043,
18.104.060,
43.27A.190,
70.94.211 (as recodified by this act),
70.94.332 (as recodified by this act),
70.105.095 (as recodified by this act),
70.365.070 (as recodified by this act),
86.16.020,
88.46.070,
90.14.130,
90.46.250,
90.48.120, and
90.56.330.
(c) Except as provided in RCW
90.03.210(2), the issuance, modification, or termination of any permit, certificate, or license by the department or any air authority in the exercise of its jurisdiction, including the issuance or termination of a waste disposal permit, the denial of an application for a waste disposal permit, the modification of the conditions or the terms of a waste disposal permit, or a decision to approve or deny an application for a solid waste permit exemption under RCW
70.95.300 (as recodified by this act).
(d) Decisions of local health departments regarding the grant or denial of solid waste permits pursuant to chapter
70.95 RCW
(as recodified by this act).
(e) Decisions of local health departments regarding the issuance and enforcement of permits to use or dispose of biosolids under RCW
70.95J.080 (as recodified by this act).
(f) Decisions of the department regarding waste-derived fertilizer or micronutrient fertilizer under RCW
15.54.820, and decisions of the department regarding waste-derived soil amendments under RCW
70.95.205 (as recodified by this act).
(g) Decisions of local conservation districts related to the denial of approval or denial of certification of a dairy nutrient management plan; conditions contained in a plan; application of any dairy nutrient management practices, standards, methods, and technologies to a particular dairy farm; and failure to adhere to the plan review and approval timelines in RCW
90.64.026.
(h) Any other decision by the department or an air authority which pursuant to law must be decided as an adjudicative proceeding under chapter
34.05 RCW.
(i) Decisions of the department of natural resources, the department of fish and wildlife, and the department that are reviewable under chapter
76.09 RCW, and the department of natural resources' appeals of county, city, or town objections under RCW
76.09.050(7).
(j) Forest health hazard orders issued by the commissioner of public lands under RCW
76.06.180.
(k) Decisions of the department of fish and wildlife to issue, deny, condition, or modify a hydraulic project approval permit under chapter
77.55 RCW, to issue a stop work order, to issue a notice to comply, to issue a civil penalty, or to issue a notice of intent to disapprove applications.
(l) Decisions of the department of natural resources that are reviewable under RCW
78.44.270.
(m) Decisions of an authorized public entity under RCW
79.100.010 to take temporary possession or custody of a vessel or to contest the amount of reimbursement owed that are reviewable by the hearings board under RCW
79.100.120.
(2) The following hearings shall not be conducted by the hearings board:
(a) Hearings required by law to be conducted by the shorelines hearings board pursuant to chapter
90.58 RCW.
(d) Hearings conducted by the department to adopt, modify, or repeal rules.
(3) Review of rules and regulations adopted by the hearings board shall be subject to review in accordance with the provisions of the administrative procedure act, chapter
34.05 RCW.
Sec. 1036. RCW
43.21B.130 and 1990 c 65 s 3 are each amended to read as follows:
The administrative procedure act, chapter
34.05 RCW, shall apply to the appeal of rules and regulations adopted by the board to the same extent as it applied to the review of rules and regulations adopted by the directors and/or boards or commissions of the various departments whose powers, duties and functions were transferred by section 6, chapter 62, Laws of 1970 ex. sess. to the department. All other decisions and orders of the director and all decisions of air pollution control boards or authorities established pursuant to chapter
70.94 RCW
(as recodified by this act) shall be subject to review by the hearings board as provided in this chapter.
Sec. 1037. RCW
43.21B.260 and 1974 ex.s. c 69 s 5 are each amended to read as follows:
Activated air pollution control authorities, established under chapter
70.94 RCW
(as recodified by this act), may file certified copies of their regulations and amendments thereto with the pollution control hearings board of the state of Washington, and the hearings board shall take judicial note of the copies so filed and the said regulations and amendments shall be received and admitted, by reference, in all hearings before the board, as prima facie evidence that such regulations and amendments on file are in full force and effect.
Sec. 1038. RCW
43.21B.300 and 2019 c 64 s 19 are each amended to read as follows:
(1) Any civil penalty provided in RCW
18.104.155,
70.94.431 (as recodified by this act),
70.95.315 (as recodified by this act),
70.105.080 (as recodified by this act),
70.107.050 (as recodified by this act),
88.46.090,
90.03.600,
90.46.270,
90.48.144,
90.56.310,
90.56.330, and
90.64.102 and chapter
90.76 RCW
(as recodified by this act) shall be imposed by a notice in writing, either by certified mail with return receipt requested or by personal service, to the person incurring the penalty from the department or the local air authority, describing the violation with reasonable particularity. For penalties issued by local air authorities, within thirty days after the notice is received, the person incurring the penalty may apply in writing to the authority for the remission or mitigation of the penalty. Upon receipt of the application, the authority may remit or mitigate the penalty upon whatever terms the authority in its discretion deems proper. The authority may ascertain the facts regarding all such applications in such reasonable manner and under such rules as it may deem proper and shall remit or mitigate the penalty only upon a demonstration of extraordinary circumstances such as the presence of information or factors not considered in setting the original penalty.
(2) Any penalty imposed under this section may be appealed to the pollution control hearings board in accordance with this chapter if the appeal is filed with the hearings board and served on the department or authority thirty days after the date of receipt by the person penalized of the notice imposing the penalty or thirty days after the date of receipt of the notice of disposition by a local air authority of the application for relief from penalty.
(3) A penalty shall become due and payable on the later of:
(a) Thirty days after receipt of the notice imposing the penalty;
(b) Thirty days after receipt of the notice of disposition by a local air authority on application for relief from penalty, if such an application is made; or
(c) Thirty days after receipt of the notice of decision of the hearings board if the penalty is appealed.
(4) If the amount of any penalty is not paid to the department within thirty days after it becomes due and payable, the attorney general, upon request of the department, shall bring an action in the name of the state of Washington in the superior court of Thurston county, or of any county in which the violator does business, to recover the penalty. If the amount of the penalty is not paid to the authority within thirty days after it becomes due and payable, the authority may bring an action to recover the penalty in the superior court of the county of the authority's main office or of any county in which the violator does business. In these actions, the procedures and rules of evidence shall be the same as in an ordinary civil action.
(5) All penalties recovered shall be paid into the state treasury and credited to the general fund except those penalties imposed pursuant to RCW
18.104.155, which shall be credited to the reclamation account as provided in RCW
18.104.155(7), RCW
70.94.431 (as recodified by this act), the disposition of which shall be governed by that provision, RCW
70.105.080 (as recodified by this act), which shall be credited to the ((
hazardous waste control and elimination account created by RCW 70.105.180))
model toxics control operating account created in RCW 70.105D.190 (as recodified by this act), RCW
90.56.330, which shall be credited to the coastal protection fund created by RCW
90.48.390, and RCW
90.76.080 (as recodified by this act), which shall be credited to the underground storage tank account created by RCW
90.76.100 (as recodified by this act).
Sec. 1039. RCW
43.21C.036 and 1994 c 257 s 21 are each amended to read as follows:
In conducting a remedial action at a facility pursuant to a consent decree, order, or agreed order issued pursuant to chapter
70.105D RCW
(as recodified by this act), or if conducted by the department of ecology, the department of ecology to the maximum extent practicable shall integrate the procedural requirements and documents of this chapter with the procedures and documents under chapter
70.105D RCW
(as recodified by this act). Such integration shall at a minimum include the public participation procedures of chapter
70.105D RCW
(as recodified by this act) and the public notice and review requirements of this chapter.
Sec. 1040. RCW
43.21C.0381 and 1995 c 172 s 1 are each amended to read as follows:
Decisions pertaining to the issuance, renewal, reopening, or revision of an air operating permit under RCW
70.94.161 (as recodified by this act) are not subject to the requirements of RCW
43.21C.030(2)(c).
Sec. 1041. RCW
43.21C.210 and 1981 c 278 s 4 are each amended to read as follows:
This chapter does not apply to actions authorized by RCW
43.37.215 and
43.37.220 (as recodified by this act) which are undertaken during a state of emergency declared by the governor under RCW
43.06.210.
Sec. 1042. RCW
43.21F.090 and 2019 c 288 s 22 are each amended to read as follows:
(1) The department shall review the state energy strategy by December 31, 2020, and at least once every eight years thereafter, subject to funding provided for this purpose, for the purpose of aligning the state energy strategy with the requirements of RCW
43.21F.088 and chapters
19.285 and
19.405 RCW, and the emission reduction targets recommended by the department of ecology under RCW
70.235.040 (as recodified by this act). The department must establish an energy strategy advisory committee for each review to provide guidance to the department in conducting the review. The membership of the energy strategy advisory committee must consist of the following:
(a) One person recommended by investor-owned electric utilities;
(b) One person recommended by investor-owned natural gas utilities;
(c) One person employed by or recommended by a natural gas pipeline serving the state;
(d) One person recommended by suppliers of petroleum products;
(e) One person recommended by municipally owned electric utilities;
(f) One person recommended by public utility districts;
(g) One person recommended by rural electrical cooperatives;
(h) One person recommended by industrial energy users;
(i) One person recommended by commercial energy users;
(j) One person recommended by agricultural energy users;
(k) One person recommended by the association of Washington cities;
(l) One person recommended by the Washington association of counties;
(m) One person recommended by Washington Indian tribes;
(n) One person recommended by businesses in the clean energy industry;
(o) One person recommended by labor unions;
(p) Two persons recommended by civic organizations, one of which must be a representative of a civic organization that represents vulnerable populations;
(q) Two persons recommended by environmental organizations;
(r) One person representing independent power producers;
(s) The chair of the energy facility site evaluation council or the chair's designee;
(t) One of the representatives of the state of Washington to the Pacific Northwest electric power and conservation planning council selected by the governor;
(u) The chair of the utilities and transportation commission or the chair's designee;
(v) One member from each of the two largest caucuses of the house of representatives selected by the speaker of the house of representatives; and
(w) One member from each of the two largest caucuses of the senate selected by the president of the senate.
(2) The chair of the advisory committee must be appointed by the governor from citizen members. The director may establish technical advisory groups as necessary to assist in the development of the strategy. The director shall provide for extensive public involvement throughout the development of the strategy.
(3) Upon completion of a public hearing regarding the advisory committee's advice and recommendations for revisions to the energy strategy, a written report shall be conveyed by the department to the governor and the appropriate legislative committees. The energy strategy advisory committee established under this section must be dissolved within three months after their written report is conveyed.
Sec. 1043. RCW
43.27A.190 and 2009 c 549 s 5111 are each amended to read as follows:
Notwithstanding and in addition to any other powers granted to the department of ecology, whenever it appears to the department that a person is violating or is about to violate any of the provisions of the following:
(1) Chapter
90.03 RCW; or
(2) Chapter
90.44 RCW; or
(3) Chapter
86.16 RCW; or
(4) Chapter
43.37 RCW
(as recodified by this act); or
(6) Any other law relating to water resources administered by the department; or
(7) A rule or regulation adopted, or a directive or order issued by the department relating to subsections (1) through (6) of this section; the department may cause a written regulatory order to be served upon said person either personally, or by registered or certified mail delivered to addressee only with return receipt requested and acknowledged by him or her. The order shall specify the provision of the statute, rule, regulation, directive or order alleged to be or about to be violated, and the facts upon which the conclusion of violating or potential violation is based, and shall order the act constituting the violation or the potential violation to cease and desist or, in appropriate cases, shall order necessary corrective action to be taken with regard to such acts within a specific and reasonable time. The regulation of a headgate or controlling works as provided in RCW
90.03.070, by a watermaster, stream patrol officer, or other person so authorized by the department shall constitute a regulatory order within the meaning of this section. A regulatory order issued hereunder shall become effective immediately upon receipt by the person to whom the order is directed, except for regulations under RCW
90.03.070 which shall become effective when a written notice is attached as provided therein. Any person aggrieved by such order may appeal the order pursuant to RCW
43.21B.310.
Sec. 1044. RCW
43.37.050 and 2009 c 549 s 5113 are each amended to read as follows:
In the case of hearings pursuant to RCW
43.37.180 (as recodified by this act) the department shall, and in other cases may, cause a record of the proceedings to be taken and filed with the department, together with its findings and conclusions. For any hearing, the director of the department or a representative designated by him or her is authorized to administer oaths and affirmations, examine witnesses, and issue, in the name of the department, notice of the hearing or subpoenas requiring any person to appear and testify, or to appear and produce documents, or both, at any designated place.
Sec. 1045. RCW
43.37.080 and 1973 c 64 s 6 are each amended to read as follows:
Except as provided in RCW
43.37.090 (as recodified by this act), no person shall engage in activities for weather modification and control except under and in accordance with a license and a permit issued by the department authorizing such activities.
Sec. 1046. RCW
43.37.110 and 1973 c 64 s 9 are each amended to read as follows:
The department shall issue permits in accordance with such procedures and subject to such conditions as it may by regulation establish to effectuate the provisions of this chapter only:
(1) If the applicant is licensed pursuant to this chapter;
(2) If a sufficient notice of intention is published and proof of publication is filed as required by RCW
43.37.140 (as recodified by this act);
(3) If the applicant furnishes proof of financial responsibility, as provided in RCW
43.37.150 (as recodified by this act), in an amount to be determined by the department but not to exceed twenty thousand dollars;
(4) If the fee for a permit is paid as required by RCW
43.37.160 (as recodified by this act);
(5) If the weather modification and control activities to be conducted under authority of the permit are determined by the department to be for the general welfare and public good;
(6) If the department has held an open public hearing in Olympia as to such issuance.
Sec. 1047. RCW
43.37.140 and 1973 c 64 s 11 are each amended to read as follows:
(1) The applicant shall cause the notice of intention, or that portion thereof including the items specified in RCW
43.37.130 (as recodified by this act), to be published at least once a week for three consecutive weeks in a legal newspaper having a general circulation and published within any county in which the operation is to be conducted and in which the affected area is located, or, if the operation is to be conducted in more than one county or if the affected area is located in more than one county or is located in a county other than the one in which the operation is to be conducted, then in a legal newspaper having a general circulation and published within each of such counties. In case there is no legal newspaper published within the appropriate county, publication shall be made in a legal newspaper having a general circulation within the county;
(2) Proof of publication, made in the manner provided by law, shall be filed by the licensee with the department within fifteen days from the date of the last publication of the notice.
Sec. 1048. RCW
43.37.170 and 2009 c 549 s 5117 are each amended to read as follows:
(1) Every licensee shall keep and maintain a record of all operations conducted by him or her pursuant to his or her license and each permit, showing the method employed, the type of equipment used, materials and amounts thereof used, the times and places of operation of the equipment, the name and post office address of each individual participating or assisting in the operation other than the licensee, and such other general information as may be required by the department and shall report the same to the department at the time and in the manner required.
(2) The department shall require written reports in such manner as it provides but not inconsistent with the provisions of this chapter, covering each operation for which a permit is issued. Further, the department shall require written reports from such organizations as are exempted from license, permit, and liability requirements as provided in RCW
43.37.090 (as recodified by this act).
(3) The reports and records in the custody of the department shall be open for public examination.
Sec. 1049. RCW
43.37.220 and 1981 c 278 s 3 are each amended to read as follows:
Upon a proclamation of a state of emergency, related to a lack of precipitation or a shortage of water supply, by the governor under RCW
43.06.210, the department shall exempt a licensee from the requirements of RCW
43.37.110 (2) and (6) and ((
RCW)) 43.37.140
(as recodified by this act).
Sec. 1050. RCW
43.41.270 and 2009 c 345 s 12 are each amended to read as follows:
(1) The office of financial management shall assist natural resource-related agencies in developing outcome-focused performance measures for administering natural resource-related and environmentally based grant and loan programs. These performance measures are to be used in determining grant eligibility, for program management and performance assessment.
(2) The office of financial management and the recreation and conservation office shall assist natural resource-related agencies in developing recommendations for a monitoring program to measure outcome-focused performance measures required by this section. The recommendations must be consistent with the framework and coordinated monitoring strategy developed by the monitoring oversight committee established in RCW
77.85.210.
(3) Natural resource agencies shall consult with grant or loan recipients including local governments, tribes, nongovernmental organizations, and other interested parties, and report to the office of financial management on the implementation of this section.
(4) For purposes of this section, "natural resource-related agencies" include the department of ecology, the department of natural resources, the department of fish and wildlife, the state conservation commission, the recreation and conservation funding board, the salmon recovery funding board, and the public works board within the department of ((community, trade, and economic development))commerce.
(5) For purposes of this section, "natural resource-related environmentally based grant and loan programs" includes the conservation reserve enhancement program; dairy nutrient management grants under chapter
90.64 RCW; state conservation commission water quality grants under chapter
89.08 RCW; coordinated prevention grants, public participation grants, and remedial action grants under RCW ((
70.105D.070))
70.105D.200 (as recodified by this act); water pollution control facilities financing under chapter
70.146 RCW
(as recodified by this act); aquatic lands enhancement grants under RCW
79.105.150; habitat grants under the Washington wildlife and recreation program under RCW
79A.15.040; salmon recovery grants under chapter
77.85 RCW; and the public works trust fund program under chapter
43.155 RCW. The term also includes programs administered by the department of fish and wildlife related to protection or recovery of fish stocks which are funded with moneys from the capital budget.
Sec. 1051. RCW
43.131.394 and 2018 c 194 s 2 are each amended to read as follows:
The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective July 1, 2030:
(1) RCW
90.76.005 (as recodified by this act) and 2007 c 147 s 1 & 1989 c 346 s 1;
(2) RCW
90.76.010 (as recodified by this act) and 2013 c 144 s 53, 2011 c 298 s 39, 2007 c 147 s 2, 1998 c 155 s 1, & 1989 c 346 s 2;
(3) RCW
90.76.020 (as recodified by this act) and 2013 c 144 s 54, 2011 c 298 s 40, 2007 c 147 s 3, 1998 c 155 s 2, & 1989 c 346 s 3;
(4) RCW
90.76.040 (as recodified by this act) and 1998 c 155 s 3 & 1989 c 346 s 5;
(5) RCW
90.76.050 (as recodified by this act) and 2007 c 147 s 4, 1998 c 155 s 4, & 1989 c 346 s 6;
(6) RCW
90.76.060 (as recodified by this act) and 1998 c 155 s 5 & 1989 c 346 s 7;
(7) RCW
90.76.070 (as recodified by this act) and 2007 c 147 s 5 & 1989 c 346 s 8;
(8) RCW
90.76.080 (as recodified by this act) and 2007 c 147 s 6, 1995 c 403 s 639, & 1989 c 346 s 9;
(9) RCW
90.76.090 (as recodified by this act) and 2007 c 147 s 7, 1998 c 155 s 6, & 1989 c 346 s 10;
(10) RCW
90.76.100 (as recodified by this act) and 1991 sp.s. c 13 s 72 & 1989 c 346 s 11;
(11) RCW
90.76.110 (as recodified by this act) and 2007 c 147 s 8, 1991 c 83 s 1, & 1989 c 346 s 12;
(12) RCW
90.76.900 (as recodified by this act) and 1989 c 346 s 15;
(13) RCW
90.76.901 (as recodified by this act) and 1989 c 346 s 14; and
(14) RCW
90.76.902 (as recodified by this act) and 1989 c 346 s 18.
Sec. 1052. RCW
43.146.900 and 1987 c 90 s 2 are each amended to read as follows:
(1) Section 1 of this act shall constitute a new chapter in Title ((43))70A RCW.
(2) The Washington state designee to the committee shall be appointed by the governor.
Sec. 1053. RCW
43.200.015 and 2012 c 19 s 1 are each reenacted and amended to read as follows:
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
43.145.010 (as recodified by this act).
(2) "Department" means the department of ecology.
(3) "High-level radioactive waste" means "high-level radioactive waste" as the term is defined in 42 U.S.C. Sec. 10101 (P.L. 97-425).
(4) "Low-level radioactive waste" means waste material that contains radioactive nuclides emitting primarily beta or gamma radiation, or both, in concentrations or quantities that exceed applicable federal or state standards for unrestricted release. Low-level waste does not include waste containing more than one hundred nanocuries of transuranic contaminants per gram of material, nor spent nuclear fuel, nor material classified as either high-level radioactive waste or waste that is unsuited for disposal by near-surface burial under any applicable federal regulations.
(5) "Radioactive waste" means both high-level and low-level radioactive waste.
(6) "Spent nuclear fuel" means spent nuclear fuel as the term is defined in 42 U.S.C. Sec. 10101.
Sec. 1054. RCW
43.200.070 and 1989 c 322 s 5 are each amended to read as follows:
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
43.145 RCW
(as recodified by this act).
Sec. 1055. RCW
43.200.080 and 2012 c 19 s 2 are each amended to read as follows:
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 September 10, 1964, as amended, covering approximately one hundred fifteen acres of land lying within the Hanford reservation near Richland, Washington. The department of ecology may sublease to private or public entities all or a portion of the land for specific purposes or activities which are determined, after public hearing, to be in agreement with the terms of the lease and in the best interests of the citizens of the state consistent with any criteria that may be developed as a requirement by the legislature;
(2) To assume the responsibilities of the state under the perpetual care agreement between the state of Washington and the federal government executed July 29, 1965, and the sublease between the state of Washington and the site operator of the commercial low-level radioactive waste disposal facility. In order to finance perpetual surveillance and maintenance under the agreement and ensure site closure under the sublease, the department of ecology shall impose and collect fees from parties holding radioactive materials for waste management purposes. The fees shall be established by rule adopted under chapter
34.05 RCW and shall be an amount determined by the department of ecology to be necessary to defray the estimated liability of the state. Such fees shall reflect equity between the disposal facilities of this and other states. A site closure account and a perpetual surveillance and maintenance account are hereby created in the state treasury. Site use permit fees collected by the department of health under RCW
70.98.085(3)
(as recodified by this act) must be deposited in the site closure account and must be used as specified in RCW
70.98.085(3)
(as recodified by this act). Funds in the site closure account other than site use permit fee funds shall be exclusively available to reimburse, to the extent that moneys are available in the account, the site operator for its costs plus a reasonable profit as agreed by the operator and the state, or to reimburse the state licensing agency and any agencies under contract to the state licensing agency for their costs in final closure and decommissioning of the commercial low-level radioactive waste disposal facility. If a balance remains in the account after satisfactory performance of closure and decommissioning, this balance shall be transferred to the perpetual surveillance and maintenance account. The perpetual surveillance and maintenance account shall be used exclusively by the state to meet post-closure surveillance and maintenance costs, or for otherwise satisfying surveillance and maintenance obligations. Appropriations are required to permit expenditures and payment of obligations from the site closure account and the perpetual surveillance and maintenance account. Receipts shall be directed to the site closure account and the perpetual surveillance and maintenance account as specified by the department. Additional moneys specifically appropriated by the legislature or received from any public or private source may be placed in the site closure account and the perpetual surveillance and maintenance account. During the 2003-2005 fiscal biennium, the legislature may transfer up to thirteen million eight hundred thousand dollars from the site closure account to the general fund;
(3)(a) Subject to the conditions in (b) of this subsection, on July 1, 2008, and each July 1st thereafter, the treasurer shall transfer from the perpetual surveillance and maintenance account to the site closure account the sum of nine hundred sixty-six thousand dollars. The nine hundred sixty-six thousand dollars transferred on July 1, 2009, and thereafter shall be adjusted to a level equal to the percentage increase in the United States implicit price deflator for personal consumption. The last transfer under this section shall occur on July 1, 2033.
(b) The transfer in (a) of this subsection shall occur only if written agreement is reached between the state department of ecology and the United States department of energy pursuant to section 6 of the perpetual care agreement dated July 29, 1965, between the United States atomic energy commission and the state of Washington. If agreement cannot be reached between the state department of ecology and the United States department of energy by June 1, 2008, the treasurer shall transfer the funds from the general fund to the site closure account according to the schedule in (a) of this subsection.
(c) If for any reason the commercial low-level radioactive waste disposal facility is closed to further disposal operations during or after the 2003-2005 biennium and before 2033, then the amount remaining to be repaid from the 2003-2005 transfer of thirteen million eight hundred thousand dollars from the site closure account shall be transferred by the treasurer from the general fund to the site closure account to fund the closure and decommissioning of the facility. The treasurer shall transfer to the site closure account in full the amount remaining to be repaid upon written notice from the secretary of health that the department of health has authorized closure or that disposal operations have ceased. The treasurer shall complete the transfer within sixty days of written notice from the secretary of health.
(d) To the extent that money in the site closure account together with the amount of money identified for repayment to the site closure account, pursuant to (a) through (c) of this subsection, equals or exceeds the cost estimate approved by the department of health for closure and decommissioning of the facility, the money in the site closure account together with the amount of money identified for repayment to the site closure account shall constitute adequate financial assurance for purposes of the department of health financial assurance requirements;
(4) To assure maintenance of such insurance coverage by state licensees, lessees, or sublessees as will adequately, in the opinion of the director, protect the citizens of the state against nuclear accidents or incidents that may occur on privately or state-controlled nuclear facilities;
(5) To make application for or otherwise pursue any federal funds to which the state may be eligible, through the federal resource conservation and recovery act or any other federal programs, for the management, treatment or disposal, and any remedial actions, of wastes that are both radioactive and hazardous at all commercial low-level radioactive waste disposal facilities; and
(6) To develop contingency plans for duties and options for the department and other state agencies related to the commercial low-level radioactive waste disposal facility based on various projections of annual levels of waste disposal. These plans shall include an analysis of expected revenue to the state in various taxes and funds related to low-level radioactive waste disposal and the resulting implications that any increase or decrease in revenue may have on state agency duties or responsibilities. The plans shall be updated annually.
Sec. 1056. RCW
43.200.170 and 2012 c 19 s 3 are each amended to read as follows:
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 under this section shall be transmitted monthly to the site closure account established under RCW
43.200.080 (as recodified by this act). The rest of the moneys received under this section shall be deposited in the general fund.
Sec. 1057. RCW
43.200.180 and 2012 c 19 s 4 are each amended to read as follows:
Except as provided in chapter
70.98 RCW
(as recodified by this act) 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 administering the surcharge assessed by the governor under RCW
43.200.170 (as recodified by this act);
(2) Collecting low-level radioactive waste data from disposal facility operators, generators, intermediate handlers, and the federal department of energy;
(3) Developing and operating a computerized information system to manage low-level radioactive waste data;
(4) Denying and reinstating access to the commercial low-level radioactive waste disposal facility pursuant to the authority granted under federal law;
(5) Administering and/or monitoring (a) the maximum waste volume levels for the commercial low-level radioactive waste disposal facility, (b) reactor waste allocations, (c) priority allocations under the Northwest Interstate Compact on Low-Level Radioactive Waste Management, and (d) adherence by other states and compact regions to federal statutory deadlines; and
(6) Coordinating the state's low-level radioactive waste disposal program with similar programs in other states.
Sec. 1058. RCW
43.200.220 and 1990 c 21 s 4 are each amended to read as follows:
Beginning January 1, 1993, the department of ecology may impose a reasonable site closure fee if necessary to be deposited in the site closure account established under RCW
43.200.080 (as recodified by this act). The department may continue to collect moneys for the site closure account until the account contains an amount sufficient to complete the closure plan, as specified in the radioactive materials license issued by the department of health.
Sec. 1059. RCW
43.200.230 and 2012 c 19 s 7 are each amended to read as follows:
The director of the department of ecology shall require that generators of waste pay a fee for each cubic foot of waste disposed at any facility in the state equal to six dollars and fifty cents. The fee shall be imposed specifically on the generator of the waste and shall not be considered to apply in any way to the low-level site operator's disposal activities. The fee shall be allocated in accordance with RCW
43.200.233 and
43.200.235 (as recodified by this act). Failure to comply with this section may result in denial or suspension of the generator's site use permit pursuant to RCW
70.98.085 (as recodified by this act).
Sec. 1060. RCW
43.200.233 and 1991 c 272 s 17 are each amended to read as follows:
A portion of the surcharge received under RCW
43.200.230 (as recodified by this act) shall be remitted monthly to the county in which the low-level radioactive waste disposal facility is located in the following manner:
(1) During 1993, six dollars and fifty cents per cubic foot of waste;
(2) During 1994, three dollars and twenty-five cents per cubic foot of waste; and
(3) During 1995 and thereafter, two dollars per cubic foot of waste.
Sec. 1061. RCW
43.200.235 and 1991 c 272 s 18 are each amended to read as follows:
Except for moneys that may be remitted to a county in which a low-level radioactive waste disposal facility is located, all surcharges authorized under RCW
43.200.230 (as recodified by this act) shall be deposited in the fund created in RCW
43.31.422.
Sec. 1062. RCW
43.200.905 and 1986 c 191 s 4 are each amended to read as follows:
The provisions of this act shall not have the effect of reducing the level of liability coverage required under any law, regulation, or contract of the state before December 31, 1987, or the effective date of the first determination made pursuant to RCW
43.200.200 (as recodified by this act), if earlier.
Sec. 1063. RCW
43.200.907 and 2012 c 19 s 14 are each amended to read as follows:
(1) The site use permit program is transferred from the department of ecology to the department of health.
(2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of ecology site use permit program shall be delivered to the custody of the department of health. All funds, credits, or other assets held by the department of ecology site use permit program shall be assigned to the department of health.
(b) Any appropriations made to the department of ecology for the site use permit program shall be transferred and credited to the department of health.
(3) All rules of the department of ecology site use permit program shall be continued and acted upon by the department of health until new rules are adopted under RCW
70.98.085 (as recodified by this act). All permit applications and pending business before the department of ecology site use permit program shall be continued and acted upon by the department of health. All existing contracts and obligations shall remain in full force and shall be performed by the department of health.
(4) The transfer of the powers, duties, functions, and personnel of the department of ecology site use permit program to the department of health under chapter 19, Laws of 2012 shall not affect the validity of any activity performed before July 1, 2012.
Sec. 1064. RCW
64.70.020 and 2017 c 23 s 6 are each amended to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Activity or use limitations" means restrictions or obligations created under this chapter with respect to real property.
(2) "Agency" means either the department of ecology, the pollution liability insurance agency, or the United States environmental protection agency, whichever determines or approves the environmental response project pursuant to which the environmental covenant is created.
(3)(a) "Common interest community" means a condominium, cooperative, or other real property with respect to which a person, by virtue of the person's ownership of a parcel of real property, is obligated to pay property taxes or insurance premiums, or for maintenance, or improvement of other real property described in a recorded covenant that creates the common interest community.
(b) "Common interest community" includes but is not limited to:
(i) An association of apartment owners as defined in RCW
64.32.010;
(ii) A unit owners' association as defined in RCW
64.34.020 and organized under RCW
64.34.300;
(iii) A master association as provided in RCW
64.34.276;
(iv) A subassociation as provided in RCW
64.34.278; and
(v) A homeowners' association as defined in RCW
64.38.010.
(4) "Environmental covenant" means a servitude arising under an environmental response project that imposes activity or use limitations.
(5) "Environmental response project" means a plan or work performed for environmental remediation of real property and conducted:
(a) Under a federal or state program governing environmental remediation of real property, including chapters
43.21C, 64.44, 70.95
(as recodified by this act), 70.98
(as recodified by this act), 70.105
(as recodified by this act), 70.105D
(as recodified by this act), 90.48, and
90.52 RCW;
(b) Incident to closure of a solid or hazardous waste management unit, if the closure is conducted with approval of an agency; or
(c) Under the state voluntary clean-up program authorized under chapter
70.105D RCW
(as recodified by this act) or technical assistance program authorized under chapter
70.149 RCW
(as recodified by this act).
(6) "Holder" means the grantee of an environmental covenant as specified in RCW
64.70.030(1).
(7) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
(8) "Record," used as a noun, means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(9) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
Sec. 1065. RCW
64.70.040 and 2007 c 104 s 5 are each amended to read as follows:
(1) An environmental covenant must:
(a) State that the instrument is an environmental covenant executed pursuant to this chapter;
(b) Contain a legally sufficient description of the real property subject to the covenant;
(c) Describe with specificity the activity or use limitations on the real property;
(d) Identify every holder;
(e) Be signed by the agency, every holder, and unless waived by the agency every owner of the fee simple of the real property subject to the covenant; and
(f) Identify the name and location of any administrative record for the environmental response project reflected in the environmental covenant.
(2) In addition to the information required by subsection (1) of this section, an environmental covenant may contain other information, restrictions, and requirements agreed to by the persons who signed it, including any:
(a) Requirements for notice following transfer of a specified interest in, or concerning proposed changes in use of, applications for building permits for, or proposals for any site work affecting the contamination on, the property subject to the covenant;
(b) Requirements for periodic reporting describing compliance with the covenant;
(c) Rights of access to the property granted in connection with implementation or enforcement of the covenant;
(d) Narrative descriptions of the contamination and remedy, including the contaminants of concern, the pathways of exposure, limits on exposure, and the location and extent of the contamination;
(e) Limitations on amendment or termination of the covenant in addition to those contained in RCW
64.70.090 and
64.70.100;
(f) Rights of the holder in addition to its right to enforce the covenant pursuant to RCW
64.70.110;
(g) Other information, restrictions, or requirements required by the agency, including the department of ecology under the authority of chapter
70.105D RCW
(as recodified by this act).
(3) In addition to other conditions for its approval of an environmental covenant, the agency may require those persons specified by the agency who have interests in the real property to sign the covenant.
(4) The agency may also require notice and opportunity to comment upon an environmental covenant as part of public participation efforts related to the environmental response project.
(5) The agency shall consult with local land use planning authorities in the development of the land use or activity restrictions in the environmental covenant. The agency shall consider potential redevelopment and revitalization opportunities and obtain information regarding present and proposed land and resource uses, and consider comprehensive land use plan and zoning provisions applicable to the real property to be subject to the environmental covenant.
Sec. 1066. RCW
70.05.070 and 2013 c 200 s 26 are each amended to read as follows:
The local health officer, acting under the direction of the local board of health or under direction of the administrative officer appointed under RCW
70.05.040 or
70.05.035, if any, shall:
(1) Enforce the public health statutes of the state, rules of the state board of health and the secretary of health, and all local health rules, regulations and ordinances within his or her jurisdiction including imposition of penalties authorized under RCW
70.119A.030 and
70.118.130 (as recodified by this act), the confidentiality provisions in RCW
70.02.220 and rules adopted to implement those provisions, and filing of actions authorized by RCW
43.70.190;
(2) Take such action as is necessary to maintain health and sanitation supervision over the territory within his or her jurisdiction;
(3) Control and prevent the spread of any dangerous, contagious or infectious diseases that may occur within his or her jurisdiction;
(4) Inform the public as to the causes, nature, and prevention of disease and disability and the preservation, promotion and improvement of health within his or her jurisdiction;
(5) Prevent, control or abate nuisances which are detrimental to the public health;
(6) Attend all conferences called by the secretary of health or his or her authorized representative;
(7) Collect such fees as are established by the state board of health or the local board of health for the issuance or renewal of licenses or permits or such other fees as may be authorized by law or by the rules of the state board of health;
(8) Inspect, as necessary, expansion or modification of existing public water systems, and the construction of new public water systems, to assure that the expansion, modification, or construction conforms to system design and plans;
(9) Take such measures as he or she deems necessary in order to promote the public health, to participate in the establishment of health educational or training activities, and to authorize the attendance of employees of the local health department or individuals engaged in community health programs related to or part of the programs of the local health department.
Sec. 1067. RCW
70.75A.040 and 2018 c 286 s 5 are each amended to read as follows:
(1) A manufacturer of class B firefighting foam restricted under RCW
70.75A.020 (as recodified by this act) 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 manufacturer that produces, sells, or distributes a class B firefighting foam prohibited under RCW
70.75A.020 (as recodified by this act) shall recall the product and reimburse the retailer or any other purchaser for the product.
Sec. 1068. RCW
70.75A.060 and 2019 c 422 s 403 are each amended to read as follows:
A manufacturer of class B firefighting foam in violation of RCW
70.75A.020 or
70.75A.040 (as recodified by this act) or a person in violation of RCW
70.75A.010 or
70.75A.030 (as recodified by this act) is subject to a civil penalty not to exceed five thousand dollars for each violation in the case of a first offense. Manufacturers, local governments, or persons that are repeat violators are subject to a civil penalty not to exceed ten thousand dollars for each repeat offense. Penalties collected under this section must be deposited in the model toxics control operating account created in RCW
70.105D.190 (as recodified by this act).
Sec. 1069. RCW
70.76.020 and 2007 c 65 s 3 are each amended to read as follows:
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 deca-bde, except as provided in RCW
70.76.030 (as recodified by this act);
(2) The sale or distribution of any used transportation vehicle manufactured before January 1, 2008, with component parts containing PBDEs;
(3) The sale or distribution of any used transportation vehicle parts or new transportation vehicle parts manufactured before January 1, 2008, that contain PBDEs;
(4) The manufacture, sale, repair, distribution, maintenance, refurbishment, or modification of equipment containing PBDEs and used primarily for military or federally funded space program applications. The exemption in this subsection (4) does not cover consumer-based goods with broad applicability;
(5) Federal aviation administration fire worthiness requirements and recommendations;
(6) The manufacture, sale, repair, distribution, maintenance, refurbishment, or modification of any new raw material or component part used in a transportation vehicle with component parts, including original spare parts, containing deca-bde;
(7) The use of commercial deca-bde in the maintenance, refurbishment, or modification of transportation equipment;
(8) The sale or distribution of any product containing PBDEs that has been previously owned, purchased, or sold in commerce, provided it was manufactured before the effective date of the prohibition;
(9) The manufacture, sale, or distribution of any new product or product component consisting of recycled or used materials containing deca-bde;
(10) The sale or purchase of any previously owned product containing PBDEs made in casual or isolated sales as defined in RCW
82.04.040 and to sales by nonprofit organizations;
(11) The manufacture, sale, or distribution of new carpet cushion made from recycled foam containing less than one-tenth of one percent penta-bde; and
(12) Medical devices.
Sec. 1070. RCW
70.76.030 and 2007 c 65 s 4 are each amended to read as follows:
(1) Except as provided in RCW
70.76.090 (as recodified by this act), 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
70.76.090 (as recodified by this act), no person may manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in this state residential upholstered furniture that contains commercial deca-bde, or any television or computer that has an electronic enclosure that contains commercial deca-bde after the effective date established in subsection (3) of this section. This prohibition may not take effect until the department and the department of health identify that a safer and technically feasible alternative is available, and the fire safety committee, created in RCW
70.76.040 (as recodified by this act), determines that the identified alternative meets applicable fire safety standards. The effective date of the prohibition must be established according to the following process:
(a) 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 residential upholstered furniture, televisions, and computers.
(b) If the department and the department of health jointly find that safer and technically feasible alternatives are available for any of these uses, the department shall convene the fire safety committee created in RCW
70.76.040 (as recodified by this act) to determine whether the identified alternatives meet applicable fire safety standards.
(c) By majority vote, the fire safety committee created in RCW
70.76.040 (as recodified by this act) shall make a finding whether an alternative identified under (b) of this subsection meets applicable fire safety standards. The fire safety committee shall report their finding to the state fire marshal. After reviewing the finding of the fire safety committee, the state fire marshal shall determine whether an alternative identified under (b) of this subsection meets applicable fire safety standards. The determination of the fire marshal must be based upon the finding of the fire safety committee. The state fire marshal shall report the determination to the department.
(d) The department shall seek public input on their findings, the findings of the fire safety committee, and the determination by the state fire marshal. The department shall publish these findings in the Washington State Register, and submit them in a report to the appropriate committees of the legislature. The department shall initially report these findings by December 31, 2008.
(3) The effective date of the prohibition is as follows:
(a) If the December 31, 2008, report required in subsection (2)(d) of this section finds that a safer and technically feasible alternative that meets applicable fire safety standards is available, the prohibition takes effect January 1, 2011;
(b) If the December 31, 2008, report required in subsection (2)(d) of this section does not find that a safer and technically feasible alternative that meets applicable fire safety standards is available, the prohibition does not take effect January 1, 2011. Beginning in 2009, by December 31st of each year, the department shall review and report on alternatives as described in subsection (2) of this section. The prohibition in subsection (2) of this section takes effect two years after a report submitted to the legislature required under subsection (2)(d) of this section finds that a safer and technically feasible alternative that meets applicable fire safety standards is available.
Sec. 1071. RCW
70.76.040 and 2007 c 65 s 5 are each amended to read as follows:
(1) The fire safety committee is created for the exclusive purpose of finding whether an alternative identified under RCW
70.76.030(2)(b)
(as recodified by this act) meets applicable fire safety standards.
(2) A majority vote of the members of the fire safety committee constitutes a finding that an alternative meets applicable fire safety standards.
(3) The fire safety committee consists of the following members:
(a) A representative from the department, who shall chair the fire safety committee, and serve as an ex officio nonvoting member.
(b) Five voting members, appointed by the governor, as follows:
(i) A representative of the office of the state fire marshal;
(ii) A representative of a statewide association representing the interests of fire chiefs;
(iii) A representative of a statewide association representing the interests of fire commissioners;
(iv) A representative of a recognized statewide council, affiliated with an international association representing the interests of firefighters; and
(v) A representative of a statewide association representing the interests of volunteer firefighters.
Sec. 1072. RCW
70.76.050 and 2007 c 65 s 6 are each amended to read as follows:
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 technically feasible becomes available, the department shall convene the fire safety committee created in RCW
70.76.040 (as recodified by this act). The fire safety committee and the state fire marshal shall proceed as required in RCW
70.76.030(2)(c)
(as recodified by this act) to determine if the identified alternative meets applicable fire safety standards. The department and the department of health shall also review risk assessments, scientific studies, and other findings regarding the potential effect of PBDEs in the waste stream. By December 31st of the year in which the finding is made, the department must publish the information required by this ((
subsection))
section in the Washington State Register and present it in a report to the appropriate committees of the legislature.
Sec. 1073. RCW
70.76.090 and 2007 c 65 s 10 are each amended to read as follows:
(1) Retailers who unknowingly sell products prohibited under RCW
70.76.020 or
70.76.030 (as recodified by this act) are not liable under this chapter.
(2) In-state retailers in possession of products on the date that restrictions on the sale of the products become effective under RCW
70.76.020 or
70.76.030 (as recodified by this act) may exhaust their existing stock through sales to the public.
(3) The department must assist in-state retailers in identifying potential products containing PBDEs.
(4) If a retailer unknowingly possesses products that are prohibited for sale under RCW
70.76.020 or
70.76.030 (as recodified by this act) and the manufacturer does not recall the products as required under RCW
70.76.100(2)
(as recodified by this act), the retailer may exhaust its existing stock through sales to the public. However, no additional prohibited stock may be sold or offered for sale.
Sec. 1074. RCW
70.76.100 and 2019 c 422 s 404 are each amended to read as follows:
(1) Enforcement of this chapter must rely on notification and information exchange between the department and manufacturers. The department must achieve compliance with this chapter using the following enforcement sequence:
(a) Before the effective date of the product prohibition in RCW
70.76.020 or
70.76.030 (as recodified by this act), the department must prepare and distribute information to in-state manufacturers and out-of-state manufacturers, to the maximum extent practicable, to assist them in identifying products prohibited for manufacture, sale, or distribution under this chapter.
(b) The department may request a certificate of compliance from a manufacturer. A certificate of compliance attests that a manufacturer's product or products meets the requirements of this chapter.
(c) The department may issue a warning letter to a manufacturer that produces, sells, or distributes prohibited products in violation of this chapter. The department must offer information or other appropriate assistance to the manufacturer in complying with this chapter. If, after one year, compliance is not achieved, penalties may be assessed under subsection (3) of this section.
(2) A manufacturer that knowingly produces, sells, or distributes a product prohibited from manufacture, sale, or distribution in this state under this chapter must recall the product and reimburse the retailer or any other purchaser for the product and any applicable shipping and handling for returning the products.
(3) A manufacturer of products containing PBDEs in violation of this chapter is subject to a civil penalty not to exceed one thousand dollars for each violation in the case of a first offense. Manufacturers who are repeat violators are subject to a civil penalty not to exceed five thousand dollars for each repeat offense. Penalties collected under this section must be deposited in the model toxics control operating account created in RCW
70.105D.190 (as recodified by this act).
Sec. 1075. RCW
70.93.095 and 1991 c 11 s 2 are each amended to read as follows:
(1) Each marina with thirty or more slips and each airport providing regularly scheduled commercial passenger service shall provide adequate recycling receptacles on, or adjacent to, its facility. The receptacles shall be clearly marked for the disposal of at least two of the following recyclable materials: Aluminum, glass, newspaper, plastic, and tin.
(2) Marinas and airports subject to this section shall not be required to provide recycling receptacles until the city or county in which it is located adopts a waste reduction and recycling element of a solid waste management plan pursuant to RCW
70.95.090 (as recodified by this act).
Sec. 1076. RCW
70.93.180 and 2019 c 255 s 3 and 2019 c 166 s 5 are each reenacted and amended to read as follows:
(1) There is hereby created an account within the state treasury to be known as the waste reduction, recycling, and litter control account. Moneys in the account may be spent only after appropriation. Expenditures from the waste reduction, recycling, and litter control account shall be used as follows:
(a) Forty percent to the department of ecology, primarily for use by the departments of ecology, natural resources, revenue, transportation, and corrections, and the parks and recreation commission, for litter collection programs under RCW
70.93.220 (as recodified by this act). The amount to the department of ecology shall also be used for a central coordination function for litter control efforts statewide; to support employment of youth in litter cleanup as intended in RCW
70.93.020 (as recodified by this act), and for litter pick up using other authorized agencies; and for statewide public awareness programs under RCW
70.93.200(7)
(as recodified by this act). The amount to the department shall also be used to defray the costs of administering the funding, coordination, and oversight of local government programs for waste reduction, litter control, recycling, and composting so that local governments can apply one hundred percent of their funding to achieving program goals. The amount to the department of revenue shall be used to enforce compliance with the litter tax imposed in chapter
82.19 RCW;
(b)(i) Twenty percent to the department for local government funding programs for waste reduction, litter control, recycling activities, and composting activities by cities and counties under RCW
70.93.250 (as recodified by this act), to be administered by the department of ecology; (ii) any unspent funds under (b)(i) of this subsection may be used to create and pay for a matching fund competitive grant program to be used by local governments for the development and implementation of contamination reduction and outreach plans for inclusion in comprehensive solid waste management plans or by local governments and nonprofit organizations for local or statewide education programs designed to help the public with litter control, waste reduction, recycling, and composting of primarily the products taxed under chapter
82.19 RCW. Recipients under this subsection include programs to reduce wasted food and food waste that are designed to achieve the goals established in RCW
70.95.815(1)
(as recodified by this act) and that are consistent with the plan developed in RCW
70.95.815(3)
(as recodified by this act). Grants must adhere to the following requirements: (A) No grant may exceed sixty thousand dollars; (B) grant recipients shall match the grant funding allocated by the department by an amount equal to twenty-five percent of eligible expenses. A local government's share of these costs may be met by cash or contributed services; (C) the obligation of the department to make grant payments is contingent upon the availability of the amount of money appropriated for this subsection (1)(b); and (D) grants are managed under the guidelines for existing grant programs; and
(c) Forty percent to the department of ecology to: (i) Implement activities under RCW
70.93.200 (as recodified by this act) for waste reduction, recycling, and composting efforts; (ii) provide technical assistance to local governments and commercial businesses to increase recycling markets and recycling and composting programs primarily for the products taxed under chapter
82.19 RCW designed to educate citizens about waste reduction, litter control, and recyclable and compostable products and programs; (iii) increase access to waste reduction, composting, and recycling programs, particularly for food packaging and plastic bags and appropriate composting techniques; and (iv) for programs to reduce wasted food and food waste that are designed to achieve the goals established in RCW
70.95.815(1)
(as recodified by this act) and that are consistent with the plan developed in RCW
70.95.815(3)
(as recodified by this act).
(2) All taxes imposed in RCW
82.19.010 and fines and bail forfeitures collected or received pursuant to this chapter shall be deposited in the waste reduction, recycling, and litter control account and used for the programs under subsection (1) of this section.
(3) Not less than five percent and no more than ten percent of the amount appropriated into the waste reduction, recycling, and litter control account every biennium shall be reserved for capital needs, including the purchase of vehicles for transporting crews and for collecting litter and solid waste. Capital funds shall be distributed among state agencies and local governments according to the same criteria provided in RCW
70.93.220 (as recodified by this act) for the remainder of the funds, so that the most effective waste reduction, litter control, recycling, and composting programs receive the most funding. The intent of this subsection is to provide funds for the purchase of equipment that will enable the department to account for the greatest return on investment in terms of reaching a zero litter goal.
(4) Funds in the waste reduction, recycling, and litter control account, collected under chapter
82.19 RCW, must be prioritized for the products identified under RCW
82.19.020 solely for the purposes of recycling, composting, and litter collection, reduction, and control programs.
Sec. 1077. RCW
70.93.200 and 2015 c 15 s 4 are each amended to read as follows:
In addition to the foregoing, the department of ecology shall use the moneys from RCW
70.93.180 (as recodified by this act) of the waste reduction, recycling, and litter control account to:
(1) Serve as the coordinating agency between the various industry organizations seeking to aid in the waste reduction, anti-litter, recycling, and composting efforts;
(2) Serve as the coordinating and administrating agency for all state agencies and local governments receiving funds for waste reduction, litter control, recycling, and composting under this chapter;
(3) Recommend to the governing bodies of all local governments that they adopt ordinances similar to the provisions of this chapter;
(4) Cooperate with all local governments to accomplish coordination of local waste reduction, anti-litter, recycling, and composting efforts;
(5) Encourage, organize, and coordinate all voluntary local waste reduction, anti-litter, and recycling campaigns seeking to focus the attention of the public on the programs of this state to reduce waste, control and remove litter, and foster recycling and composting;
(6) Investigate the availability of, and apply for funds available from any private or public source to be used in the program outlined in this chapter;
(7) Develop statewide programs by working with local governments, payers of the waste reduction, recycling, and litter control tax, and industry organizations that are active in waste reduction, anti-litter, recycling, and composting efforts to:
(a) Increase public awareness of and participation in recycling and composting; and
(b) Stimulate and encourage local private recycling and composting centers, public participation in recycling and composting, and research and development in the field of litter control, and recycling, removal, and disposal of litter-related recycling materials, and composting; and
(8) Provide on the department's web site a summary of all waste reduction, litter control, recycling, and composting efforts statewide including those of the department and other state agencies and local governments funded for such programs under this chapter.
Sec. 1078. RCW
70.93.220 and 2014 c 76 s 3 are each amended to read as follows:
(1) The department is the coordinating and administrative agency working with the departments of natural resources, revenue, transportation, and corrections, and the parks and recreation commission in developing a biennial budget request for funds for the various agencies' litter collection programs.
(2) Funds may be used to meet the needs of efficient and effective litter collection and illegal dumping programs identified by the various agencies. The department shall develop criteria for evaluating the effectiveness and efficiency of the waste reduction, litter control, and recycling programs being administered by the various agencies listed in RCW
70.93.180 (as recodified by this act), and shall distribute funds according to the effectiveness and efficiency of those programs. In addition, the department shall approve funding requests for efficient and effective waste reduction, litter control, and recycling programs, provide funds, and monitor the results of all agency programs.
(3) All agencies are responsible for reporting information on their litter collection programs as requested by the department.
Sec. 1079. RCW
70.93.250 and 2014 c 76 s 4 are each amended to read as follows:
(1) The department shall provide funding to local units of government to establish, conduct, and evaluate community restitution and other programs for waste reduction, litter and illegal dump cleanup, and recycling. Programs eligible for funding under this section shall include, but not be limited to, programs established pursuant to RCW
72.09.260.
(2) Funds may be offered for costs associated with community waste reduction, litter cleanup and prevention, and recycling activities. The funding program must be flexible, allowing local governments to use funds broadly to meet their needs to reduce waste, control litter and illegal dumping, and promote recycling. Local governments are required to contribute resources or in-kind services. The department shall evaluate funding requests from local government according to the same criteria as those developed in RCW
70.93.220 (as recodified by this act), provide funds according to the effectiveness and efficiency of local government litter control programs, and monitor the results of all local government programs under this section.
(3) Local governments shall report information as requested by the department in funding agreements entered into by the department and a local government.
Sec. 1080. RCW
70.94.015 and 2019 c 284 s 6 are each amended to read as follows:
(1) The air pollution control account is established in the state treasury. All receipts collected by or on behalf of the department from RCW
70.94.151(2)
(as recodified by this act), and receipts from nonpermit program sources under RCW
70.94.152(1) and
70.94.154(7)
(as recodified by this act), and all receipts from RCW
70.94.6528 and
70.94.6534 (as recodified by this act) shall be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only to develop and implement the provisions of ((
chapters 70.94 and))
this chapter, chapter 70.120 RCW
(as recodified by this act), and RCW
70.235.080 (as recodified by this act).
(2) The amounts collected and allocated in accordance with this section shall be expended upon appropriation except as otherwise provided in this section and in accordance with the following limitations:
Portions of moneys received by the department of ecology from the air pollution control account shall be distributed by the department to local authorities based on:
(a) The level and extent of air quality problems within such authority's jurisdiction;
(b) The costs associated with implementing air pollution regulatory programs by such authority; and
(c) The amount of funding available to such authority from other sources, whether state, federal, or local, that could be used to implement such programs.
(3) The air operating permit account is created in the custody of the state treasurer. All receipts collected by or on behalf of the department from permit program sources under RCW
70.94.152(1),
70.94.161,
70.94.162, and
70.94.154(7)
(as recodified by this act) shall be deposited into the account. Expenditures from the account may be used only for the activities described in RCW
70.94.152(1),
70.94.161,
70.94.162, and
70.94.154(7)
(as recodified by this act). Moneys in the account may be spent only after appropriation.
Sec. 1081. RCW
70.94.030 and 2005 c 197 s 2 are each amended to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Air contaminant" means dust, fumes, mist, smoke, other particulate matter, vapor, gas, odorous substance, or any combination thereof.
(2) "Air pollution" is presence in the outdoor atmosphere of one or more air contaminants in sufficient quantities and of such characteristics and duration as is, or is likely to be, injurious to human health, plant or animal life, or property, or which unreasonably interfere with enjoyment of life and property. For the purpose of this chapter, air pollution shall not include air contaminants emitted in compliance with chapter
17.21 RCW.
(3) "Air quality standard" means an established concentration, exposure time, and frequency of occurrence of an air contaminant or multiple contaminants in the ambient air which shall not be exceeded.
(4) "Ambient air" means the surrounding outside air.
(5) "Authority" means any air pollution control agency whose jurisdictional boundaries are coextensive with the boundaries of one or more counties.
(6) "Best available control technology" (BACT) means an emission limitation based on the maximum degree of reduction for each air pollutant subject to regulation under this chapter emitted from or that results from any new or modified stationary source, that the permitting authority, on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for such a source or modification through application of production processes and available methods, systems, and techniques, including fuel cleaning, clean fuels, or treatment or innovative fuel combustion techniques for control of each such a pollutant. In no event shall application of "best available control technology" result in emissions of any pollutants that will exceed the emissions allowed by any applicable standard under 40 C.F.R. Part 60 and Part 61, as they exist on July 25, 1993, or their later enactments as adopted by reference by the director by rule. Emissions from any source utilizing clean fuels, or any other means, to comply with this subsection shall not be allowed to increase above levels that would have been required under the definition of BACT as it existed prior to enactment of the federal clean air act amendments of 1990.
(7) "Best available retrofit technology" (BART) means an emission limitation based on the degree of reduction achievable through the application of the best system of continuous emission reduction for each pollutant that is emitted by an existing stationary facility. The emission limitation must be established, on a case-by-case basis, taking into consideration the technology available, the costs of compliance, the energy and nonair quality environmental impacts of compliance, any pollution control equipment in use or in existence at the source, the remaining useful life of the source, and the degree of improvement in visibility that might reasonably be anticipated to result from the use of the technology.
(8) "Board" means the board of directors of an authority.
(9) "Control officer" means the air pollution control officer of any authority.
(10) "Department" or "ecology" means the department of ecology.
(11) "Emission" means a release of air contaminants into the ambient air.
(12) "Emission standard" and "emission limitation" mean a requirement established under the federal clean air act or this chapter that limits the quantity, rate, or concentration of emissions of air contaminants on a continuous basis, including any requirement relating to the operation or maintenance of a source to assure continuous emission reduction, and any design, equipment, work practice, or operational standard adopted under the federal clean air act or this chapter.
(13) "Fine particulate" means particulates with a diameter of two and one-half microns and smaller.
(14) "Lowest achievable emission rate" (LAER) means for any source that rate of emissions that reflects:
(a) The most stringent emission limitation that is contained in the implementation plan of any state for such class or category of source, unless the owner or operator of the proposed source demonstrates that such limitations are not achievable; or
(b) The most stringent emission limitation that is achieved in practice by such class or category of source, whichever is more stringent.
In no event shall the application of this term permit a proposed new or modified source to emit any pollutant in excess of the amount allowable under applicable new source performance standards.
(15) "Modification" means any physical change in, or change in the method of operation of, a stationary source that increases the amount of any air contaminant emitted by such source or that results in the emission of any air contaminant not previously emitted. The term modification shall be construed consistent with the definition of modification in Section 7411, Title 42, United States Code, and with rules implementing that section.
(16) "Multicounty authority" means an authority which consists of two or more counties.
(17) "New source" means (a) the construction or modification of a stationary source that increases the amount of any air contaminant emitted by such source or that results in the emission of any air contaminant not previously emitted, and (b) any other project that constitutes a new source under the federal clean air act.
(18) "Permit program source" means a source required to apply for or to maintain an operating permit under RCW
70.94.161 (as recodified by this act).
(19) "Person" means an individual, firm, public or private corporation, association, partnership, political subdivision of the state, municipality, or governmental agency.
(20) "Reasonably available control technology" (RACT) means the lowest emission limit that a particular source or source category is capable of meeting by the application of control technology that is reasonably available considering technological and economic feasibility. RACT is determined on a case-by-case basis for an individual source or source category taking into account the impact of the source upon air quality, the availability of additional controls, the emission reduction to be achieved by additional controls, the impact of additional controls on air quality, and the capital and operating costs of the additional controls. RACT requirements for a source or source category shall be adopted only after notice and opportunity for comment are afforded.
(21) "Silvicultural burning" means burning of wood fiber on forestland consistent with the provisions of RCW ((70.94.660))70.94.6534 (as recodified by this act).
(22) "Source" means all of the emissions units including quantifiable fugitive emissions, that are located on one or more contiguous or adjacent properties, and are under the control of the same person, or persons under common control, whose activities are ancillary to the production of a single product or functionally related group of products.
(23) "Stationary source" means any building, structure, facility, or installation that emits or may emit any air contaminant.
(24) "Trigger level" means the ambient level of fine particulates, measured in micrograms per cubic meter, that must be detected prior to initiating a first or second stage of impaired air quality under RCW
70.94.473 (as recodified by this act).
Sec. 1082. RCW
70.94.040 and 1980 c 175 s 2 are each amended to read as follows:
Except where specified in a variance permit, as provided in RCW
70.94.181 (as recodified by this act), it shall be unlawful for any person to cause air pollution or permit it to be caused in violation of this chapter, or of any ordinance, resolution, rule or regulation validly promulgated hereunder.
Sec. 1083. RCW
70.94.041 and 1991 c 199 s 506 are each amended to read as follows:
Except as otherwise provided in this section, any building or structure listed on the national register of historic sites, structures, or buildings established pursuant to 80 Stat. 915, 16 U.S.C. Sec. 470a, or on the state register established pursuant to RCW
27.34.220, shall be permitted to burn wood as it would have when it was a functioning facility as an authorized exception to the provisions of this chapter. Such burning of wood shall not be exempted from the provisions of RCW
70.94.710 through
70.94.730 (as recodified by this act).
Sec. 1084. RCW
70.94.053 and 1995 c 135 s 5 are each amended to read as follows:
(1) In each county of the state there is hereby created an air pollution control authority, which shall bear the name of the county within which it is located. The boundaries of each authority shall be coextensive with the boundaries of the county within which it is located. An authority shall include all incorporated and unincorporated areas of the county within which it is located.
(2) Except as provided in RCW
70.94.262 (as recodified by this act), all authorities which are presently activated authorities shall carry out the duties and exercise the powers provided in this chapter. Those activated authorities which encompass contiguous counties are declared to be and directed to function as a multicounty authority.
(3) All other air pollution control authorities are hereby designated as inactive authorities.
(4) The boards of those authorities designated as activated authorities by this chapter shall be comprised of such individuals as is provided in RCW
70.94.100 (as recodified by this act).
Sec. 1085. RCW
70.94.069 and 1969 ex.s. c 168 s 4 are each amended to read as follows:
Whenever there occurs a merger of an inactive authority with an activated authority or authorities, or of two activated authorities to form a multicounty authority, the board of directors shall be reorganized as provided in RCW
70.94.100,
70.94.110, and
70.94.120 (as recodified by this act).
In the case of the merger of two or more activated authorities the rules and regulations of each authority shall continue in effect and shall be enforced within the jurisdiction of each until such time as the board of directors adopts rules and regulations applicable to the newly formed multicounty authority.
In the case of the merger of an inactive authority with an activated authority or authorities, upon approval of such merger by the board or boards of county commissioners of the county or counties comprising the existing activated authority or authorities, the rules and regulations of the activated authority or authorities shall remain in effect until superseded by the rules and regulations of the multicounty authority as provided in RCW
70.94.230 (as recodified by this act).
Sec. 1086. RCW
70.94.100 and 2009 c 254 s 1 are each amended to read as follows:
(1) The governing body of each authority shall be known as the board of directors.
(2)(a) In the case of an authority comprised of one county, with a population of less than four hundred thousand people, the board shall be comprised of two appointees of the city selection committee, at least one of whom shall represent the city having the most population in the county, and two representatives to be designated by the board of county commissioners.
(b) In the case of an authority comprised of one county, with a population of equal to or greater than four hundred thousand people, the board shall be comprised of three appointees of cities, one each from the two cities with the most population in the county and one appointee of the city selection committee representing the other cities, and one representative to be designated by the board of county commissioners.
(c) In the case of an authority comprised of two, three, four, or five counties, the board shall be comprised of one appointee from each county, who shall represent the city having the most population in such county, to be designated by the mayor and city council of such city, and one representative from each county to be designated by the board of county commissioners of each county making up the authority.
(d) In the case of an authority comprised of six or more counties, the board shall be comprised of one representative from each county to be designated by the board of county commissioners of each county making up the authority, and three appointees, one each from the three largest cities within the local authority's jurisdiction to be appointed by the mayor and city council of such city.
(3) If the board of an authority otherwise would consist of an even number, the members selected as above provided shall agree upon and elect an additional member who shall be:
(a) In the case of an authority comprised of one county with a population of equal to or greater than four hundred thousand people, a citizen residing in the county who demonstrates significant professional experience in the field of public health, air quality protection, or meteorology; or
(b) In the case of an authority comprised of one county, with a population less than four hundred thousand people, or of more than one county, either a member of the governing body of one of the towns, cities or counties comprising the authority, or a private citizen residing in the authority.
(4) The terms of office of board members shall be four years.
(5) If an appointee is unable to complete his or her term as a board member, the vacancy for that office must be filled by the same method as the original appointment, except for the appointment by the city selection committee, which must use the method in RCW
70.94.120(1)
(as recodified by this act) for replacements. The person appointed as a replacement will serve the remainder of the term for that office.
(6) Wherever a member of a board has a potential conflict of interest in an action before the board, the member shall declare to the board the nature of the potential conflict prior to participating in the action review. The board shall, if the potential conflict of interest, in the judgment of a majority of the board, may prevent the member from a fair and objective review of the case, remove the member from participation in the action.
Sec. 1087. RCW
70.94.130 and 1998 c 342 s 1 are each amended to read as follows:
The board shall exercise all powers of the authority except as otherwise provided. The board shall conduct its first meeting within thirty days after all of its members have been appointed or designated as provided in RCW
70.94.100 (as recodified by this act). The board shall meet at least ten times per year. All meetings shall be publicly announced prior to their occurrence. All meetings shall be open to the public. A majority of the board shall constitute a quorum for the transaction of business and shall be necessary for any action taken by the board. The board shall elect from its members a chair and such other officers as may be necessary. Any member of the board may designate a regular alternate to serve on the board in his or her place with the same authority as the member when he or she is unable to attend. In no event may a regular alternate serve as the permanent chair. Each member of the board, or his or her representative, shall receive from the authority compensation consistent with such authority's rates (but not to exceed one thousand dollars per year) for time spent in the performance of duties under this chapter, plus the actual and necessary expenses incurred by the member in such performance. The board may appoint a control officer, and any other personnel, and shall determine their salaries, and pay same, together with any other proper indebtedness, from authority funds.
Sec. 1088. RCW
70.94.142 and 2012 c 117 s 407 are each amended to read as follows:
In connection with the subpoena powers given in RCW
70.94.141(2)
(as recodified by this act):
(1) In any hearing held under RCW
70.94.181 and
70.94.221 (as recodified by this act), the board or the department, and their authorized agents:
(a) Shall issue a subpoena upon the request of any party and, to the extent required by rule or regulation, upon a statement or showing of general relevance and reasonable scope of the evidence sought;
(b) May issue a subpoena upon their own motion.
(2) The subpoena powers given in RCW
70.94.141(2)
(as recodified by this act) shall be statewide in effect.
(3) Witnesses appearing under the compulsion of a subpoena in a hearing before the board or the department shall be paid the same fees and mileage that are provided for witnesses in the courts of this state. Such fees and mileage, and the cost of duplicating records required to be produced by subpoena issued upon the motion of the board or department, shall be paid by the board or department. Such fees and mileage, and the cost of producing records required to be produced by subpoena issued upon the request of a party, shall be paid by that party.
(4) If an individual fails to obey the subpoena, or obeys the subpoena but refuses to testify when required concerning any matter under examination or investigation or the subject of the hearing, the board or department shall file its written report thereof and proof of service of its subpoena, in any court of competent jurisdiction in the county where the examination, hearing, or investigation is being conducted. Thereupon, the court shall forthwith cause the individual to be brought before it and, upon being satisfied that the subpoena is within the jurisdiction of the board or department and otherwise in accordance with law, shall punish him or her as if the failure or refusal related to a subpoena from or testimony in that court.
(5) The department may make such rules and regulations as to the issuance of its own subpoenas as are not inconsistent with the provisions of this chapter.
Sec. 1089. RCW
70.94.143 and 1987 c 109 s 36 are each amended to read as follows:
Any authority exercising the powers and duties prescribed in this chapter may make application for, receive, administer, and expend any federal aid, under federal legislation from any agency of the federal government, for the prevention and control of air pollution or the development and administration of programs related to air pollution control and prevention, as permitted by RCW
70.94.141(12)
(as recodified by this act): PROVIDED, That any such application shall be submitted to and approved by the department. The department shall adopt rules and regulations establishing standards for such approval and shall approve any such application, if it is consistent with this chapter, and any other applicable requirements of law.
Sec. 1090. RCW
70.94.151 and 2010 c 146 s 2 are each amended to read as follows:
(1) The board of any activated authority or the department, may classify air contaminant sources, by ordinance, resolution, rule or regulation, which in its judgment may cause or contribute to air pollution, according to levels and types of emissions and other characteristics which cause or contribute to air pollution, and may require registration or reporting or both for any such class or classes. Classifications made pursuant to this section may be for application to the area of jurisdiction of such authority, or the state as a whole or to any designated area within the jurisdiction, and shall be made with special reference to effects on health, economic and social factors, and physical effects on property.
(2) Except as provided in subsection (3) of this section, any person operating or responsible for the operation of air contaminant sources of any class for which the ordinances, resolutions, rules or regulations of the department or board of the authority, require registration or reporting shall register therewith and make reports containing information as may be required by such department or board concerning location, size and height of contaminant outlets, processes employed, nature of the contaminant emission and such other information as is relevant to air pollution and available or reasonably capable of being assembled. In the case of emissions of greenhouse gases as defined in RCW
70.235.010 (as recodified by this act) the department shall adopt rules requiring reporting of those emissions. The department or board may require that such registration or reporting be accompanied by a fee, and may determine the amount of such fee for such class or classes: PROVIDED, That the amount of the fee shall only be to compensate for the costs of administering such registration or reporting program which shall be defined as initial registration and annual or other periodic reports from the source owner providing information directly related to air pollution registration, on-site inspections necessary to verify compliance with registration requirements, data storage and retrieval systems necessary for support of the registration program, emission inventory reports and emission reduction credits computed from information provided by sources pursuant to registration program requirements, staff review, including engineering or other reliable analysis for accuracy and currentness, of information provided by sources pursuant to registration program requirements, clerical and other office support provided in direct furtherance of the registration program, and administrative support provided in directly carrying out the registration program: PROVIDED FURTHER, That any such registration made with either the board or the department shall preclude a further registration and reporting with any other board or the department, except that emissions of greenhouse gases as defined in RCW
70.235.010 (as recodified by this act) must be reported as required under subsection (5) of this section.
All registration program and reporting fees collected by the department shall be deposited in the air pollution control account. All registration program fees collected by the local air authorities shall be deposited in their respective treasuries.
(3) If a registration or report has been filed for a grain warehouse or grain elevator as required under this section, registration, reporting, or a registration program fee shall not, after January 1, 1997, again be required under this section for the warehouse or elevator unless the capacity of the warehouse or elevator as listed as part of the license issued for the facility has been increased since the date the registration or reporting was last made. If the capacity of the warehouse or elevator listed as part of the license is increased, any registration or reporting required for the warehouse or elevator under this section must be made by the date the warehouse or elevator receives grain from the first harvest season that occurs after the increase in its capacity is listed in the license.
This subsection does not apply to a grain warehouse or grain elevator if the warehouse or elevator handles more than ten million bushels of grain annually.
(4) For the purposes of subsection (3) of this section:
(a) A "grain warehouse" or "grain elevator" is an establishment classified in standard industrial classification (SIC) code 5153 for wholesale trade for which a license is required and includes, but is not limited to, such a licensed facility that also conducts cleaning operations for grain;
(b) A "license" is a license issued by the department of agriculture licensing a facility as a grain warehouse or grain elevator under chapter
22.09 RCW or a license issued by the federal government licensing a facility as a grain warehouse or grain elevator for purposes similar to those of licensure for the facility under chapter
22.09 RCW; and
(c) "Grain" means a grain or a pulse.
(5)(a) The department shall adopt rules requiring persons to report emissions of greenhouse gases as defined in RCW
70.235.010 (as recodified by this act) where those emissions from a single facility, source, or site, or from fossil fuels sold in Washington by a single supplier meet or exceed ten thousand metric tons of carbon dioxide equivalent annually. The department may phase in the requirement to report greenhouse gas emissions until the reporting threshold in this subsection is met, which must occur by January 1, 2012. In addition, the rules must require that:
(i) Emissions of greenhouse gases resulting from the combustion of fossil fuels be reported separately from emissions of greenhouse gases resulting from the combustion of biomass;
(ii) Reporting will start in 2010 for 2009 emissions. Each annual report must include emissions data for the preceding calendar year and must be submitted to the department by October 31st of the year in which the report is due. However, starting in 2011, a person who is required to report greenhouse gas emissions to the United States environmental protection agency under 40 C.F.R. Part 98, as adopted on September 22, 2009, must submit the report required under this section to the department concurrent with the submission to the United States environmental protection agency. Except as otherwise provided in this section, the data for emissions in Washington and any corrections thereto that are reported to the United States environmental protection agency must be the emissions data reported to the department; and
(iii) Emissions of carbon dioxide associated with the complete combustion or oxidation of liquid motor vehicle fuel, special fuel, or aircraft fuel that is sold in Washington where the annual emissions associated with that combustion or oxidation equal or exceed ten thousand metric tons be reported to the department. Each person who is required to file periodic tax reports of motor vehicle fuel sales under RCW
82.36.031 or special fuel sales under RCW
82.38.150, or each distributor of aircraft fuel required to file periodic tax reports under RCW
82.42.040 must report to the department the annual emissions of carbon dioxide from the complete combustion or oxidation of the fuels listed in those reports as sold in the state of Washington. The department shall not require suppliers to use additional data to calculate greenhouse gas emissions other than the data the suppliers report to the department of licensing. The rules may allow this information to be aggregated when reported to the department. The department and the department of licensing shall enter into an interagency agreement to ensure proprietary and confidential information is protected if the departments share reported information. Any proprietary or confidential information exempt from disclosure when reported to the department of licensing is exempt from disclosure when shared by the department of licensing with the department under this provision.
(b)(i) Except as otherwise provided in this subsection, the rules adopted by the department under (a) of this subsection must be consistent with the regulations adopted by the United States environmental protection agency in 40 C.F.R. Part 98 on September 22, 2009.
(ii) The department may by rule include additional gases to the definition of "greenhouse gas" in RCW
70.235.010 (as recodified by this act) only if the gas has been designated as a greenhouse gas by the United States congress or by the United States environmental protection agency. Prior to including additional gases to the definition of "greenhouse gas" in RCW
70.235.010 (as recodified by this act), the department shall notify the appropriate committees of the legislature. Decisions to amend the rule to include additional gases must be made prior to December 1st of any year and the amended rule may not take effect before the end of the regular legislative session in the next year.
(iii) The department may by rule exempt persons who are required to report greenhouse gas emissions to the United States environmental protection agency and who emit less than ten thousand metric tons carbon dioxide equivalent annually.
(iv) The department must establish a methodology for persons who are not required to report under this section to voluntarily report their greenhouse gas emissions.
(c) The department shall review and if necessary update its rules whenever the United States environmental protection agency adopts final amendments to 40 C.F.R. Part 98 to ensure consistency with federal reporting requirements for emissions of greenhouse gases. However, the department shall not amend its rules in a manner that conflicts with (a) of this subsection.
(d) The department shall share any reporting information reported to it with the local air authority in which the person reporting under the rules adopted by the department operates.
(e) The fee provisions in subsection (2) of this section apply to reporting of emissions of greenhouse gases. Persons required to report under (a) of this subsection who fail to report or pay the fee required in subsection (2) of this section are subject to enforcement penalties under this chapter. The department shall enforce the reporting rule requirements unless it approves a local air authority's request to enforce the requirements for persons operating within the authority's jurisdiction. However, neither the department nor a local air authority approved under this section are authorized to assess enforcement penalties on persons required to report under (a) of this subsection until six months after the department adopts its reporting rule in 2010.
(f) The energy facility site evaluation council shall, simultaneously with the department, adopt rules that impose greenhouse gas reporting requirements in site certifications on owners or operators of a facility permitted by the energy facility site evaluation council. The greenhouse gas reporting requirements imposed by the energy facility site evaluation council must be the same as the greenhouse gas reporting requirements imposed by the department. The department shall share any information reported to it from facilities permitted by the energy facility site evaluation council with the council, including notice of a facility that has failed to report as required. The energy facility site evaluation council shall contract with the department to monitor the reporting requirements adopted under this section.
(g) The inclusion or failure to include any person, source, classes of persons or sources, or types of emissions of greenhouse gases into the department's rules for reporting under this section does not indicate whether such a person, source, or category is appropriate for inclusion in state, regional, or national greenhouse gas reduction programs or strategies. Furthermore, aircraft fuel purchased in the state may not be considered equivalent to aircraft fuel combusted in the state.
(h)(i) The definitions in RCW
70.235.010 (as recodified by this act) apply throughout this subsection (5) unless the context clearly requires otherwise.
(ii) For the purpose of this subsection (5), the term "supplier" includes: (A) A motor vehicle fuel supplier or a motor vehicle fuel importer, as those terms are defined in RCW
82.36.010; (B) a special fuel supplier or a special fuel importer, as those terms are defined in RCW
82.38.020; and (C) a distributor of aircraft fuel, as those terms are defined in RCW
82.42.010.
(iii) For the purpose of this subsection (5), the term "person" includes: (A) An owner or operator, as those terms are defined by the United States environmental protection agency in its mandatory greenhouse gas reporting regulation in 40 C.F.R. Part 98, as adopted on September 22, 2009; and (B) a supplier.
Sec. 1091. RCW
70.94.152 and 1996 c 67 s 1 and 1996 c 29 s 1 are each reenacted and amended to read as follows:
(1) The department of ecology or board of any authority may require notice of the establishment of any proposed new sources except single-family and duplex dwellings or de minimis new sources as defined in rules adopted under subsection (11) of this section. The department of ecology or board may require such notice to be accompanied by a fee and determine the amount of such fee: PROVIDED, That the amount of the fee may not exceed the cost of reviewing the plans, specifications, and other information and administering such notice: PROVIDED FURTHER, That any such notice given or notice of construction application submitted to either the board or to the department of ecology shall preclude a further submittal of a duplicate application to any board or to the department of ecology.
(2) The department shall, after opportunity for public review and comment, adopt rules that establish a workload-driven process for determination and review of the fee covering the direct and indirect costs of processing a notice of construction application and a methodology for tracking revenues and expenditures. All new source fees collected by the delegated local air authorities from sources shall be deposited in the dedicated accounts of their respective treasuries. All new source fees collected by the department from sources shall be deposited in the air pollution control account.
(3) Within thirty days of receipt of a notice of construction application, the department of ecology or board may require, as a condition precedent to the establishment of the new source or sources covered thereby, the submission of plans, specifications, and such other information as it deems necessary to determine whether the proposed new source will be in accord with applicable rules and regulations in force under this chapter. If on the basis of plans, specifications, or other information required under this section the department of ecology or board determines that the proposed new source will not be in accord with this chapter or the applicable ordinances, resolutions, rules, and regulations adopted under this chapter, it shall issue an order denying permission to establish the new source. If on the basis of plans, specifications, or other information required under this section, the department of ecology or board determines that the proposed new source will be in accord with this chapter, and the applicable rules and regulations adopted under this chapter, it shall issue an order of approval for the establishment of the new source or sources, which order may provide such conditions as are reasonably necessary to assure the maintenance of compliance with this chapter and the applicable rules and regulations adopted under this chapter. Every order of approval under this chapter must be reviewed prior to issuance by a professional engineer or staff under the supervision of a professional engineer in the employ of the department of ecology or board.
(4) The determination required under subsection (3) of this section shall include a determination of whether the operation of the new air contaminant source at the location proposed will cause any ambient air quality standard to be exceeded.
(5) New source review of a modification shall be limited to the emission unit or units proposed to be modified and the air contaminants whose emissions would increase as a result of the modification.
(6) Nothing in this section shall be construed to authorize the department of ecology or board to require the use of emission control equipment or other equipment, machinery, or devices of any particular type, from any particular supplier, or produced by any particular manufacturer.
(7) Any features, machines, and devices constituting parts of or called for by plans, specifications, or other information submitted pursuant to subsection (1) or (3) of this section shall be maintained and operate in good working order.
(8) The absence of an ordinance, resolution, rule, or regulation, or the failure to issue an order pursuant to this section shall not relieve any person from his or her obligation to comply with applicable emission control requirements or with any other provision of law.
(9) Within thirty days of receipt of a notice of construction application the department of ecology or board shall either notify the applicant in writing that the application is complete or notify the applicant in writing of all additional information necessary to complete the application. Within sixty days of receipt of a complete application the department or board shall either (a) issue a final decision on the application, or (b) for those projects subject to public notice, initiate notice and comment on a proposed decision, followed as promptly as possible by a final decision. A person seeking approval to construct or modify a source that requires an operating permit may elect to integrate review of the operating permit application or amendment required by RCW
70.94.161 (as recodified by this act) and the notice of construction application required by this section. A notice of construction application designated for integrated review shall be processed in accordance with operating permit program procedures and deadlines.
(10) A notice of construction approval required under subsection (3) of this section shall include a determination that the new source will achieve best available control technology. If more stringent controls are required under federal law, the notice of construction shall include a determination that the new source will achieve the more stringent federal requirements. Nothing in this subsection is intended to diminish other state authorities under this chapter.
(11) No person is required to submit a notice of construction or receive approval for a new source that is deemed by the department of ecology or board to have de minimis impact on air quality. The department of ecology shall adopt and periodically update rules identifying categories of de minimis new sources. The department of ecology may identify de minimis new sources by category, size, or emission thresholds.
(12) For purposes of this section, "de minimis new sources" means new sources with trivial levels of emissions that do not pose a threat to human health or the environment.
Sec. 1092. RCW
70.94.153 and 1991 c 199 s 303 are each amended to read as follows:
Any person proposing to replace or substantially alter the emission control technology installed on an existing stationary source emission unit shall file a notice of construction application with the jurisdictional permitting authority. For projects not otherwise reviewable under RCW
70.94.152 (as recodified by this act), the permitting authority may (1) require that the owner or operator employ reasonably available control technology for the affected emission unit and (2) may prescribe reasonable operation and maintenance conditions for the control equipment. Within thirty days of receipt of an application for notice of construction under this section the permitting authority shall either notify the applicant in writing that the application is complete or notify the applicant in writing of all additional information necessary to complete the application. Within thirty days of receipt of a complete application the permitting authority shall either issue an order of approval or a proposed RACT determination for the proposed project. Construction shall not commence on a project subject to review under this section until the permitting authority issues a final order of approval. However, any notice of construction application filed under this section shall be deemed to be approved without conditions if the permitting authority takes no action within thirty days of receipt of a complete application for a notice of construction.
Sec. 1093. RCW
70.94.154 and 1996 c 29 s 2 are each amended to read as follows:
(1) RACT as defined in RCW
70.94.030 (as recodified by this act) is required for existing sources except as otherwise provided in RCW
70.94.331(9)
(as recodified by this act).
(2) RACT for each source category containing three or more sources shall be determined by rule except as provided in subsection (3) of this section.
(3) Source-specific RACT determinations may be performed under any of the following circumstances:
(a) As authorized by RCW
70.94.153 (as recodified by this act);
(b) When required by the federal clean air act;
(c) For sources in source categories containing fewer than three sources;
(d) When an air quality problem, for which the source is a contributor, justifies a source-specific RACT determination prior to development of a categorical RACT rule; or
(e) When a source-specific RACT determination is needed to address either specific air quality problems for which the source is a significant contributor or source-specific economic concerns.
(4) By January 1, 1994, ecology shall develop a list of sources and source categories requiring RACT review and a schedule for conducting that review. Ecology shall review the list and schedule within six months of receiving the initial operating permit applications and at least once every five years thereafter. In developing the list to determine the schedule of RACT review, ecology shall consider emission reductions achievable through the use of new available technologies and the impacts of those incremental reductions on air quality, the remaining useful life of previously installed control equipment, the impact of the source or source category on air quality, the number of years since the last BACT, RACT, or LAER determination for that source and other relevant factors. Prior to finalizing the list and schedule, ecology shall consult with local air authorities, the regulated community, environmental groups, and other interested individuals and organizations. The department and local authorities shall revise RACT requirements, as needed, based on the review conducted under this subsection.
(5) In determining RACT, ecology and local authorities shall utilize the factors set forth in RCW
70.94.030 (as recodified by this act) and shall consider RACT determinations and guidance made by the federal environmental protection agency, other states and local authorities for similar sources, and other relevant factors. In establishing or revising RACT requirements, ecology and local authorities shall address, where practicable, all air contaminants deemed to be of concern for that source or source category.
(6) Emission standards and other requirements contained in rules or regulatory orders in effect at the time of operating permit issuance or renewal shall be considered RACT for purposes of permit issuance or renewal. RACT determinations under subsections (2) and (3) of this section shall be incorporated into operating permits as provided in RCW
70.94.161 (as recodified by this act) and rules implementing that section.
(7) The department and local air authorities are authorized to assess and collect a fee to cover the costs of developing, establishing, or reviewing categorical or case-by-case RACT requirements. The fee shall apply to determinations of RACT requirements as defined under this section and RCW
70.94.331(9)
(as recodified by this act). The amount of the fee may not exceed the direct and indirect costs of establishing the requirement for the particular source or the pro rata portion of the direct and indirect costs of establishing the requirement for the relevant source category. The department shall, after opportunity for public review and comment, adopt rules that establish a workload-driven process for determination and review of the fee covering the direct and indirect costs of its RACT determinations and a methodology for tracking revenues and expenditures. All such RACT determination fees collected by the delegated local air authorities from sources shall be deposited in the dedicated accounts of their respective treasuries. All such RACT fees collected by the department from sources shall be deposited in the air pollution control account.
Sec. 1094. RCW
70.94.161 and 2008 c 14 s 6 are each amended to read as follows:
The department of ecology, or board of an authority, shall require renewable permits for the operation of air contaminant sources subject to the following conditions and limitations:
(1) Permits shall be issued for a term of five years. A permit may be modified or amended during its term at the request of the permittee, or for any reason allowed by the federal clean air act. The rules adopted pursuant to subsection (2) of this section shall include rules for permit amendments and modifications. The terms and conditions of a permit shall remain in effect after the permit itself expires if the permittee submits a timely and complete application for permit renewal.
(2)(a) Rules establishing the elements for a statewide operating permit program and the process for permit application and renewal consistent with federal requirements shall be established by the department by January 1, 1993. The rules shall provide that every proposed permit must be reviewed prior to issuance by a professional engineer or staff under the direct supervision of a professional engineer in the employ of the permitting authority. The permit program established by these rules shall be administered by the department and delegated local air authorities. Rules developed under this subsection shall not preclude a delegated local air authority from including in a permit its own more stringent emission standards and operating restrictions.
(b) The board of any local air pollution control authority may apply to the department of ecology for a delegation order authorizing the local authority to administer the operating permit program for sources under that authority's jurisdiction. The department shall, by order, approve such delegation, if the department finds that the local authority has the technical and financial resources, to discharge the responsibilities of a permitting authority under the federal clean air act. A delegation request shall include adequate information about the local authority's resources to enable the department to make the findings required by this subsection. However, any delegation order issued under this subsection shall take effect ninety days after the environmental protection agency authorizes the local authority to issue operating permits under the federal clean air act.
(c) Except for the authority granted the energy facility site evaluation council to issue permits for the new construction, reconstruction, or enlargement or operation of new energy facilities under chapter
80.50 RCW, the department may exercise the authority, as delegated by the environmental protection agency, to administer Title IV of the federal clean air act as amended and to delegate such administration to local authorities as applicable pursuant to (b) of this subsection.
(3) In establishing technical standards, defined in RCW
70.94.030 (as recodified by this act), the permitting authority shall consider and, if found to be appropriate, give credit for waste reduction within the process.
(4) Operating permits shall apply to all sources (a) where required by the federal clean air act, and (b) for any source that may cause or contribute to air pollution in such quantity as to create a threat to the public health or welfare. Subsection (b) of this subsection is not intended to apply to small businesses except when both of the following limitations are satisfied: (i) The source is in an area exceeding or threatening to exceed federal or state air quality standards; and (ii) the department provides a reasonable justification that requiring a source to have a permit is necessary to meet a federal or state air quality standard, or to prevent exceeding a standard in an area threatening to exceed the standard. For purposes of this subsection "areas threatening to exceed air quality standards" shall mean areas projected by the department to exceed such standards within five years. Prior to identifying threatened areas the department shall hold a public hearing or hearings within the proposed areas.
(5) Sources operated by government agencies are not exempt under this section.
(6) Within one hundred eighty days after the United States environmental protection agency approves the state operating permit program, a person required to have a permit shall submit to the permitting authority a compliance plan and permit application, signed by a responsible official, certifying the accuracy of the information submitted. Until permits are issued, existing sources shall be allowed to operate under presently applicable standards and conditions provided that such sources submit complete and timely permit applications.
(7) All draft permits shall be subject to public notice and comment. The rules adopted pursuant to subsection (2) of this section shall specify procedures for public notice and comment. Such procedures shall provide the permitting agency with an opportunity to respond to comments received from interested parties prior to the time that the proposed permit is submitted to the environmental protection agency for review pursuant to section 505(a) of the federal clean air act. In the event that the environmental protection agency objects to a proposed permit pursuant to section 505(b) of the federal clean air act, the permitting authority shall not issue the permit, unless the permittee consents to the changes required by the environmental protection agency.
(8) The procedures contained in chapter
43.21B RCW shall apply to permit appeals. The pollution control hearings board may stay the effectiveness of any permit issued under this section during the pendency of an appeal filed by the permittee, if the permittee demonstrates that compliance with the permit during the pendency of the appeal would require significant expenditures that would not be necessary in the event that the permittee prevailed on the merits of the appeal.
(9) After the effective date of any permit program promulgated under this section, it shall be unlawful for any person to: (a) Operate a permitted source in violation of any requirement of a permit issued under this section; or (b) fail to submit a permit application at the time required by rules adopted under subsection (2) of this section.
(10) Each air operating permit shall state the origin of and specific legal authority for each requirement included therein. Every requirement in an operating permit shall be based upon the most stringent of the following requirements:
(a) The federal clean air act and rules implementing that act, including provision of the approved state implementation plan;
(b) This chapter and rules adopted thereunder;
(c) In permits issued by a local air pollution control authority, the requirements of any order or regulation adopted by that authority;
(d) Chapter
70.98 RCW
(as recodified by this act) and rules adopted thereunder; and
(e) Chapter
80.50 RCW and rules adopted thereunder.
(11) Consistent with the provisions of the federal clean air act, the permitting authority may issue general permits covering categories of permitted sources, and temporary permits authorizing emissions from similar operations at multiple temporary locations.
(12) Permit program sources within the territorial jurisdiction of an authority delegated the operating permit program shall file their permit applications with that authority, except that permit applications for sources regulated on a statewide basis pursuant to RCW
70.94.395 (as recodified by this act) shall be filed with the department. Permit program sources outside the territorial jurisdiction of a delegated authority shall file their applications with the department. Permit program sources subject to chapter
80.50 RCW shall, irrespective of their location, file their applications with the energy facility site evaluation council.
(13) When issuing operating permits to coal-fired electric generating plants, the permitting authority shall establish requirements consistent with Title IV of the federal clean air act.
(14)(a) The department and the local air authorities are authorized to assess and to collect, and each source emitting one hundred tons or more per year of a regulated pollutant shall pay an interim assessment to fund the development of the operating permit program during fiscal year 1994.
(b) The department shall conduct a workload analysis and prepare an operating permit program development budget for fiscal year 1994. The department shall allocate among all sources emitting one hundred tons or more per year of a regulated pollutant during calendar year 1992 the costs identified in its program development budget according to a three-tiered model, with each of the three tiers being equally weighted, based upon:
(i) The number of sources;
(ii) The complexity of sources; and
(iii) The size of sources, as measured by the quantity of each regulated pollutant emitted by the source.
(c) Each local authority and the department shall collect from sources under their respective jurisdictions the interim fee determined by the department and shall remit the fee to the department.
(d) Each local authority may, in addition, allocate its fiscal year 1994 operating permit program development costs among the sources under its jurisdiction emitting one hundred tons or more per year of a regulated pollutant during calendar year 1992 and may collect an interim fee from these sources. A fee assessed pursuant to this subsection (14)(d) shall be collected at the same time as the fee assessed pursuant to (c) of this subsection.
(e) The fees assessed to a source under this subsection shall be limited to the first seven thousand five hundred tons for each regulated pollutant per year.
(15)(a) The department shall determine the persons liable for the fee imposed by subsection (14) of this section, compute the fee, and provide by November 1, 1993, the identity of the fee payer with the computation of the fee to each local authority and to the department of revenue for collection. The department of revenue shall collect the fee computed by the department from the fee payers under the jurisdiction of the department. The administrative, collection, and penalty provisions of chapter
82.32 RCW shall apply to the collection of the fee by the department of revenue. The department shall provide technical assistance to the department of revenue for decisions made by the department of revenue pursuant to RCW
82.32.160 and
82.32.170. All interim fees collected by the department of revenue on behalf of the department and all interim fees collected by local authorities on behalf of the department shall be deposited in the air operating permit account. The interim fees collected by the local air authorities to cover their permit program development costs under subsection (14)(d) of this section shall be deposited in the dedicated accounts of their respective treasuries.
(b) All fees identified in this section shall be due and payable on March 1, 1994, except that the local air pollution control authorities may adopt by rule an earlier date on which fees are to be due and payable. The section 5, chapter 252, Laws of 1993 amendments to RCW
70.94.161 (as recodified by this act) do not have the effect of terminating, or in any way modifying, any liability, civil or criminal, incurred pursuant to the provisions of RCW
70.94.161 (15) and (17)
(as recodified by this act) as they existed prior to July 25, 1993.
(16) For sources or source categories not required to obtain permits under subsection (4) of this section, the department or local authority may establish by rule control technology requirements. If control technology rule revisions are made by the department or local authority under this subsection, the department or local authority shall consider the remaining useful life of control equipment previously installed on existing sources before requiring technology changes. The department or any local air authority may issue a general permit, as authorized under the federal clean air act, for such sources.
(17) Emissions of greenhouse gases as defined in RCW
70.235.010 (as recodified by this act) must be reported as required by RCW
70.94.151 (as recodified by this act). The reporting provisions of RCW
70.94.151 (as recodified by this act) shall not apply to any other emissions from any permit program source after the effective date of United States environmental protection agency approval of the state operating permit program.
Sec. 1095. RCW
70.94.162 and 2014 c 76 s 5 are each amended to read as follows:
(1) The department and delegated local air authorities are authorized to determine, assess, and collect, and each permit program source shall pay, annual fees sufficient to cover the direct and indirect costs of implementing a state operating permit program approved by the United States environmental protection agency under the federal clean air act. However, a source that receives its operating permit from the United States environmental protection agency shall not be considered a permit program source so long as the environmental protection agency continues to act as the permitting authority for that source. Each permitting authority shall develop by rule a fee schedule allocating among its permit program sources the costs of the operating permit program, and may, by rule, establish a payment schedule whereby periodic installments of the annual fee are due and payable more frequently. All operating permit program fees collected by the department shall be deposited in the air operating permit account. All operating permit program fees collected by the delegated local air authorities shall be deposited in their respective air operating permit accounts or other accounts dedicated exclusively to support of the operating permit program. The fees assessed under this subsection shall first be due not less than forty-five days after the United States environmental protection agency delegates to the department the authority to administer the operating permit program and then annually thereafter.
The department shall establish, by rule, procedures for administrative appeals to the department regarding the fee assessed pursuant to this subsection.
(2) The fee schedule developed by each permitting authority shall fully cover and not exceed both its permit administration costs and the permitting authority's share of statewide program development and oversight costs.
(a) Permit administration costs are those incurred by each permitting authority, including the department, in administering and enforcing the operating permit program with respect to sources under its jurisdiction. Costs associated with the following activities are fee eligible as these activities relate to the operating permit program and to the sources permitted by a permitting authority, including, where applicable, sources subject to a general permit:
(i) Preapplication assistance and review of an application and proposed compliance plan for a permit, permit revision, or renewal;
(ii) Source inspections, testing, and other data-gathering activities necessary for the development of a permit, permit revision, or renewal;
(iii) Acting on an application for a permit, permit revision, or renewal, including the costs of developing an applicable requirement as part of the processing of a permit, permit revision, or renewal, preparing a draft permit and fact sheet, and preparing a final permit, but excluding the costs of developing BACT, LAER, BART, or RACT requirements for criteria and toxic air pollutants;
(iv) Notifying and soliciting, reviewing and responding to comment from the public and contiguous states and tribes, conducting public hearings regarding the issuance of a draft permit and other costs of providing information to the public regarding operating permits and the permit issuance process;
(v) Modeling necessary to establish permit limits or to determine compliance with permit limits;
(vi) Reviewing compliance certifications and emissions reports and conducting related compilation and reporting activities;
(vii) Conducting compliance inspections, complaint investigations, and other activities necessary to ensure that a source is complying with permit conditions;
(viii) Administrative enforcement activities and penalty assessment, excluding the costs of proceedings before the pollution control hearings board and all costs of judicial enforcement;
(ix) The share attributable to permitted sources of the development and maintenance of emissions inventories;
(x) The share attributable to permitted sources of ambient air quality monitoring and associated recording and reporting activities;
(xi) Training for permit administration and enforcement;
(xii) Fee determination, assessment, and collection, including the costs of necessary administrative dispute resolution and penalty collection;
(xiii) Required fiscal audits, periodic performance audits, and reporting activities;
(xiv) Tracking of time, revenues and expenditures, and accounting activities;
(xv) Administering the permit program including the costs of clerical support, supervision, and management;
(xvi) Provision of assistance to small businesses under the jurisdiction of the permitting authority as required under section 507 of the federal clean air act; and
(xvii) Other activities required by operating permit regulations issued by the United States environmental protection agency under the federal clean air act.
(b) Development and oversight costs are those incurred by the department in developing and administering the state operating permit program, and in overseeing the administration of the program by the delegated local permitting authorities. Costs associated with the following activities are fee eligible as these activities relate to the operating permit program:
(i) Review and determinations necessary for delegation of authority to administer and enforce a permit program to a local air authority under RCW
70.94.161(2) and
70.94.860 (as recodified by this act);
(ii) Conducting fiscal audits and periodic performance audits of delegated local authorities, and other oversight functions required by the operating permit program;
(iii) Administrative enforcement actions taken by the department on behalf of a permitting authority, including those actions taken by the department under RCW
70.94.785 (as recodified by this act), but excluding the costs of proceedings before the pollution control hearings board and all costs of judicial enforcement;
(iv) Determination and assessment with respect to each permitting authority of the fees covering its share of the costs of development and oversight;
(v) Training and assistance for permit program administration and oversight, including training and assistance regarding technical, administrative, and data management issues;
(vi) Development of generally applicable regulations or guidance regarding the permit program or its implementation or enforcement;
(vii) State codification of federal rules or standards for inclusion in operating permits;
(viii) Preparation of delegation package and other activities associated with submittal of the state permit program to the United States environmental protection agency for approval, including ongoing coordination activities;
(ix) General administration and coordination of the state permit program, related support activities, and other agency indirect costs, including necessary data management and quality assurance;
(x) Required fiscal audits and periodic performance audits of the department, and reporting activities;
(xi) Tracking of time, revenues and expenditures, and accounting activities;
(xii) Public education and outreach related to the operating permit program, including the maintenance of a permit register;
(xiii) The share attributable to permitted sources of compiling and maintaining emissions inventories;
(xiv) The share attributable to permitted sources of ambient air quality monitoring, related technical support, and associated recording activities;
(xv) The share attributable to permitted sources of modeling activities;
(xvi) Provision of assistance to small business as required under section 507 of the federal clean air act as it exists on July 25, 1993, or its later enactment as adopted by reference by the director by rule;
(xvii) Provision of services by the department of revenue and the office of the state attorney general and other state agencies in support of permit program administration;
(xviii) A one-time revision to the state implementation plan to make those administrative changes necessary to ensure coordination of the state implementation plan and the operating permit program; and
(xix) Other activities required by operating permit regulations issued by the United States environmental protection agency under the federal clean air act.
(3) The responsibility for operating permit fee determination, assessment, and collection is to be shared by the department and delegated local air authorities as follows:
(a) Each permitting authority, including the department, acting in its capacity as a permitting authority, shall develop a fee schedule and mechanism for collecting fees from the permit program sources under its jurisdiction; the fees collected by each authority shall be sufficient to cover its costs of permit administration and its share of the department's costs of development and oversight. Each delegated local authority shall remit to the department its share of the department's development and oversight costs.
(b) Only those local air authorities to whom the department has delegated the authority to administer the program pursuant to RCW
70.94.161(2) (b) and (c) and
70.94.860 (as recodified by this act) shall have the authority to administer and collect operating permit fees. The department shall retain the authority to administer and collect such fees with respect to the sources within the jurisdiction of a local air authority until the effective date of program delegation to that air authority.
(c) The department shall allocate its development and oversight costs among all permitting authorities, including the department, in proportion to the number of permit program sources under the jurisdiction of each authority, except that extraordinary costs or other costs readily attributable to a specific permitting authority may be assessed that authority. For purposes of this subsection, all sources covered by a single general permit shall be treated as one source.
(4) The department and each delegated local air authority shall adopt by rule a general permit fee schedule for sources under their respective jurisdictions after such time as the department adopts provisions for general permit issuance. Within ninety days of the time that the department adopts a general permit fee schedule, the department shall report to the relevant standing committees of the legislature regarding the general permit fee schedules adopted by the department and by the delegated local air authorities. The permit administration costs of each general permit shall be allocated equitably among only those sources subject to that general permit. The share of development and oversight costs attributable to each general permit shall be determined pursuant to subsection (3)(c) of this section.
(5) The fee schedule developed by the department shall allocate among the sources for whom the department acts as a permitting authority, other than sources subject to a general permit, those portions of the department's permit administration costs and the department's share of the development and oversight costs which the department does not plan to recover under its general permit fee schedule or schedules as follows:
(a) The department shall allocate its permit administration costs and its share of the development and oversight costs not recovered through general permit fees according to a three-tiered model based upon:
(i) The number of permit program sources under its jurisdiction;
(ii) The complexity of permit program sources under its jurisdiction; and
(iii) The size of permit program sources under its jurisdiction, as measured by the quantity of each regulated pollutant emitted by the source.
(b) Each of the three tiers shall be equally weighted.
(c) The department may, in addition, allocate activities-based costs readily attributable to a specific source to that source under RCW
70.94.152(1) and
70.94.154(7)
(as recodified by this act).
The quantity of each regulated pollutant emitted by a source shall be determined based on the annual emissions during the most recent calendar year for which data is available.
(6) The department shall, after opportunity for public review and comment, adopt rules that establish a process for development and review of its operating permit program fee schedule, a methodology for tracking program revenues and expenditures, and, for both the department and the delegated local air authorities, a system of fiscal audits, reports, and periodic performance audits.
(a) The fee schedule development and review process shall include the following:
(i) The department shall conduct a biennial workload analysis. The department shall provide the opportunity for public review of and comment on the workload analysis. The department shall review and update its workload analysis during each biennial budget cycle, taking into account information gathered by tracking previous revenues, time, and expenditures and other information obtained through fiscal audits and performance audits.
(ii) The department shall prepare a biennial budget based upon the resource requirements identified in the workload analysis for that biennium. In preparing the budget, the department shall take into account the projected operating permit account balance at the start of the biennium. The department shall provide the opportunity for public review of and comment on the proposed budget. The department shall review and update its budget each biennium.
(iii) The department shall develop a fee schedule allocating the department's permit administration costs and its share of the development and oversight costs among the department's permit program sources using the methodology described in subsection (5) of this section. The department shall provide the opportunity for public review of and comment on the allocation methodology and fee schedule. The department shall provide procedures for administrative resolution of disputes regarding the source data on which allocation determinations are based; these procedures shall be designed such that resolution occurs prior to the completion of the allocation process. The department shall review and update its fee schedule annually.
(b) The methodology for tracking revenues and expenditures shall include the following:
(i) The department shall develop a system for tracking revenues and expenditures that provides the maximum practicable information. At a minimum, revenues from fees collected under the operating permit program shall be tracked on a source-specific basis and time and expenditures required to administer the program shall be tracked on the basis of source categories and functional categories. Each general permit will be treated as a separate source category for tracking and accounting purposes.
(ii) The department shall use the information obtained from tracking revenues, time, and expenditures to modify the workload analysis required in subsection (6)(a) of this section.
(iii) The information obtained from tracking revenues, time, and expenditures shall not provide a basis for challenge to the amount of an individual source's fee.
(c) The system of fiscal audits, reports, and periodic performance audits shall include the following:
(i) The department and the delegated local air authorities shall periodically report information about the air operating permit program on the department's web site.
(ii) The department shall arrange for fiscal audits and routine performance audits and for periodic intensive performance audits of each permitting authority and of the department.
(7) Each local air authority requesting delegation shall, after opportunity for public review and comment, publish regulations which establish a process for development and review of its operating permit program fee schedule, and a methodology for tracking its revenues and expenditures. These regulations shall be submitted to the department for review and approval as part of the local authority's delegation request.
(8) As used in this section and in RCW
70.94.161(14)
(as recodified by this act), "regulated pollutant" shall have the same meaning as defined in section 502(b) of the federal clean air act as it exists on July 25, 1993, or its later enactment as adopted by reference by the director by rule.
(9) Fee structures as authorized under this section shall remain in effect until such time as the legislature authorizes an alternative structure following receipt of the report required by this subsection.
Sec. 1096. RCW
70.94.163 and 1991 c 199 s 304 are each amended to read as follows:
The department shall prepare recommendations to reduce air emissions for source categories not generally required to have a permit under RCW
70.94.161 (as recodified by this act). Such recommendations shall not require any action by the owner or operator of a source and shall be consistent with rules adopted under chapter
70.95C RCW
(as recodified by this act). The recommendations shall include but not be limited to: Process changes, product substitution, equipment modifications, hazardous substance use reduction, recycling, and energy efficiency.
Sec. 1097. RCW
70.94.165 and 1996 c 294 s 1 are each amended to read as follows:
(1) A gasoline vapor recovery device that captures vapors during vehicle fueling may only be required at a service station, or any other gasoline dispensing facility supplying fuel to the general public, in any of the following circumstances:
(a) The facility sells in excess of six hundred thousand gallons of gasoline per year and is located in a county, any part of which is designated as nonattainment for ozone under the federal clean air act, 42 U.S.C. Sec. 7407; or
(b) The facility sells in excess of six hundred thousand gallons of gasoline per year and is located in a county where a maintenance plan has been adopted by a local air pollution control authority or the department of ecology that includes gasoline vapor recovery devices as a control strategy; or
(c) From March 30, 1996, until December 31, 1998, in any facility that sells in excess of one million two hundred thousand gallons of gasoline per year and is located in an ozone-contributing county. For purposes of this section, an ozone-contributing county means a county in which the emissions have contributed to the formation of ozone in any county where violations of federal ozone standards have been measured, and includes: Cowlitz, Island, Kitsap, Lewis, Skagit, Thurston, Wahkiakum, and Whatcom counties; or
(d) After December 31, 1998, in any facility that sells in excess of eight hundred forty thousand gallons of gasoline per year and is located in any county, no part of which is designated as nonattainment for ozone under the federal clean air act, 42 U.S.C. Sec. 7407, provided that the department of ecology determines by December 31, 1997, that the use of gasoline vapor control devices in the county is important to achieving or maintaining attainment status in any other county.
(2) This section does not preclude the department of ecology or any local air pollution authority from requiring a gasoline vapor recovery device that captures vapors during vehicle refueling as part of the regulation of sources as provided in RCW
70.94.152,
70.94.331, or
70.94.141 (as recodified by this act) or where required under 42 U.S.C. Sec. 7412.
Sec. 1098. RCW
70.94.181 and 1991 c 199 s 306 are each amended to read as follows:
(1) Any person who owns or is in control of any plant, building, structure, establishment, process or equipment may apply to the department of ecology or appropriate local authority board for a variance from rules or regulations governing the quality, nature, duration or extent of discharges of air contaminants. The application shall be accompanied by such information and data as the department of ecology or board may require. The department of ecology or board may grant such variance, provided that variances to state rules shall require the department's approval prior to being issued by a local authority board. The total time period for a variance and renewal of such variance shall not exceed one year. Variances may be issued by either the department or a local board but only after public hearing or due notice, if the department or board finds that:
(a) The emissions occurring or proposed to occur do not endanger public health or safety or the environment; and
(b) Compliance with the rules or regulations from which variance is sought would produce serious hardship without equal or greater benefits to the public.
(2) No variance shall be granted pursuant to this section until the department of ecology or board has considered the relative interests of the applicant, other owners of property likely to be affected by the discharges, and the general public.
(3) Any variance or renewal thereof shall be granted within the requirements of subsection (1) of this section and under conditions consistent with the reasons therefor, and within the following limitations:
(a) If the variance is granted on the ground that there is no practicable means known or available for the adequate prevention, abatement or control of the pollution involved, it shall be only until the necessary means for prevention, abatement or control become known and available, and subject to the taking of any substitute or alternate measures that the department of ecology or board may prescribe.
(b) If the variance is granted on the ground that compliance with the particular requirement or requirements from which variance is sought will require the taking of measures which, because of their extent or cost, must be spread over a considerable period of time, it shall be for a period not to exceed such reasonable time as, in the view of the department of ecology or board is requisite for the taking of the necessary measures. A variance granted on the ground specified herein shall contain a timetable for the taking of action in an expeditious manner and shall be conditioned on adherence to such timetable.
(c) If the variance is granted on the ground that it is justified to relieve or prevent hardship of a kind other than that provided for in (a) and (b) of this subsection, it shall be for not more than one year.
(4) Any variance granted pursuant to this section may be renewed on terms and conditions and for periods which would be appropriate on initial granting of a variance. If complaint is made to the department of ecology or board on account of the variance, no renewal thereof shall be granted unless following a public hearing on the complaint on due notice the department or board finds that renewal is justified. No renewal shall be granted except on application therefor. Any such application shall be made at least sixty days prior to the expiration of the variance. Immediately upon receipt of an application for renewal, the department of ecology or board shall give public notice of such application in accordance with rules of the department of ecology or board.
(5) A variance or renewal shall not be a right of the applicant or holder thereof but shall be granted at the discretion of the department of ecology or board. However, any applicant adversely affected by the denial or the terms and conditions of the granting of an application for a variance or renewal of a variance by the department of ecology or board may obtain judicial review thereof under the provisions of chapter
34.05 RCW as now or hereafter amended.
(6) Nothing in this section and no variance or renewal granted pursuant hereto shall be construed to prevent or limit the application of the emergency provisions and procedures of RCW
70.94.710 through
70.94.730 (as recodified by this act) to any person or his or her property.
(7) An application for a variance, or for the renewal thereof, submitted to the department of ecology or board pursuant to this section shall be approved or disapproved by the department or board within sixty-five days of receipt unless the applicant and the department of ecology or board agree to a continuance.
(8) Variances approved under this section shall not be included in orders or permits provided for in RCW
70.94.161 or
70.94.152 (as recodified by this act) until such time as the variance has been accepted by the United States environmental protection agency as part of an approved state implementation plan.
Sec. 1099. RCW
70.94.211 and 1991 c 199 s 309 are each amended to read as follows:
At least thirty days prior to the commencement of any formal enforcement action under RCW
70.94.430 or
70.94.431 (as recodified by this act) a local air authority shall cause written notice to be served upon the alleged violator or violators. The notice shall specify the provision of this chapter or the rule or regulation alleged to be violated, and the facts alleged to constitute a violation thereof, and may include an order directing that necessary corrective action be taken within a reasonable time. In lieu of an order, the board or the control officer may require that the alleged violator or violators appear before the board for a hearing. Every notice of violation shall offer to the alleged violator an opportunity to meet with the local air authority prior to the commencement of enforcement action.
Sec. 1100. RCW
70.94.231 and 1991 c 199 s 708 are each amended to read as follows:
Upon the date that an authority begins to exercise its powers and functions, all rules and regulations in force on such date shall remain in effect until superseded by the rules and regulations of the authority as provided in RCW
70.94.230 (as recodified by this act).
Sec. 1101. RCW
70.94.262 and 1991 c 125 s 2 are each amended to read as follows:
(1) Any county that is part of a multicounty authority, pursuant to RCW
70.94.053 (as recodified by this act), may withdraw from the multicounty authority after January 1, 1992, if the county wishes to provide for air quality protection and regulation by an alternate air quality authority. A withdrawing county shall:
(a) Create its own single county authority;
(b) Join another existing multicounty authority with which its boundaries are contiguous;
(c) Join with one or more contiguous inactive authorities to operate as a new multicounty authority; or
(d) Become an inactive authority and subject to regulation by the department of ecology.
(2) In order to withdraw from an existing multicounty authority, a county shall make arrangements, by interlocal agreement, for division of assets and liabilities and the appropriate release of any and all interest in assets of the multicounty authority.
(3) In order to effectuate any of the alternate arrangements in subsection (1) of this section, the procedures of this chapter to create an air pollution control authority shall be met and the actions must be taken at least six months prior to the effective date of withdrawal. The rules of the original multicounty authority shall continue in force for the withdrawing county until such time as all conditions to create an air pollution control authority have been met.
(4) At the effective date of a county's withdrawal, the remaining counties shall reorganize and reconstitute the legislative authority pursuant to this chapter. The air pollution control regulations of the existing multicounty authority shall remain in force and effect after the reorganization.
(5) If a county elects to withdraw from an existing multicounty authority, the air pollution control regulations shall remain in effect for the withdrawing county until suspended by the adoption of rules, regulations, or ordinances adopted under one of the alternatives of subsection (1) of this section. A county shall initiate proceedings to adopt such rules, regulations, or ordinances on or before the effective date of the county's withdrawal.
Sec. 1102. RCW
70.94.302 and 2012 c 238 s 1 are each amended to read as follows:
(1) A generator operating at an electric generating project with an installed generator capacity of at least seven hundred fifty kilowatts but not exceeding one thousand kilowatts, that is in operation on June 7, 2012, and began operating after 2008, and that is located on agricultural lands of long-term commercial significance pursuant to chapter
36.70A RCW, is granted an extended compliance period for permit provisions related to the emissions limit for sulfur established by the department or a local air authority until December 31, 2016, if it is fueled by biogas that is produced by an anaerobic digester that qualifies for the solid waste permitting exemption specified in RCW
70.95.330 (as recodified by this act).
(2) A generator that meets the requirements in subsection (1) of this section may not be located in a federally designated nonattainment or maintenance area.
(3) Upon request, the department or a local air authority must provide technical assistance to a generator meeting the requirements in subsection (1) of this section to assist the generator in reducing its emissions in order to meet the requirements in this chapter.
(4) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Anaerobic digester" means a vessel that processes organic material into biogas and digestate using microorganisms in a decomposition process within a closed, oxygen-free container.
(b) "Generator" means an internal combustion engine that converts biogas into electricity, and includes any backup combustion device to burn biogas when an engine is idled for maintenance.
Sec. 1103. RCW
70.94.331 and 1991 c 199 s 710 are each amended to read as follows:
(1) The department shall have all the powers as provided in RCW
70.94.141 (as recodified by this act).
(2) The department, in addition to any other powers vested in it by law after consideration at a public hearing held in accordance with chapters
42.30 and
34.05 RCW shall:
(a) Adopt rules establishing air quality objectives and air quality standards;
(b) Adopt emission standards which shall constitute minimum emission standards throughout the state. An authority may enact more stringent emission standards, except for emission performance standards for new woodstoves and opacity levels for residential solid fuel burning devices which shall be statewide, but in no event may less stringent standards be enacted by an authority without the prior approval of the department after public hearing and due notice to interested parties;
(c) Adopt by rule air quality standards and emission standards for the control or prohibition of emissions to the outdoor atmosphere of radionuclides, dust, fumes, mist, smoke, other particulate matter, vapor, gas, odorous substances, or any combination thereof. Such requirements may be based upon a system of classification by types of emissions or types of sources of emissions, or combinations thereof, which it determines most feasible for the purposes of this chapter. However, an industry, or the air pollution control authority having jurisdiction, can choose, subject to the submittal of appropriate data that the industry has quantified, to have any limit on the opacity of emissions from a source whose emission standard is stated in terms of a weight of particulate per unit volume of air (e.g., grains per dry standard cubic foot) be based on the applicable particulate emission standard for that source, such that any violation of the opacity limit accurately indicates a violation of the applicable particulate emission standard. Any alternative opacity limit provided by this section that would result in increasing air contaminants emissions in any nonattainment area shall only be granted if equal or greater emission reductions are provided for by the same source obtaining the revised opacity limit. A reasonable fee may be assessed to the industry to which the alternate opacity standard would apply. The fee shall cover only those costs to the air pollution control authority which are directly related to the determination on the acceptability of the alternate opacity standard, including testing, oversight and review of data.
(3) The air quality standards and emission standards may be for the state as a whole or may vary from area to area or source to source, except that emission performance standards for new woodstoves and opacity levels for residential solid fuel burning devices shall be statewide, as may be appropriate to facilitate the accomplishment of the objectives of this chapter and to take necessary or desirable account of varying local conditions of population concentration, the existence of actual or reasonably foreseeable air pollution, topographic and meteorologic conditions and other pertinent variables.
(4) The department is directed to cooperate with the appropriate agencies of the United States or other states or any interstate agencies or international agencies with respect to the control of air pollution and air contamination, or for the formulation for the submission to the legislature of interstate air pollution control compacts or agreements.
(5) The department is directed to conduct or cause to be conducted a continuous surveillance program to monitor the quality of the ambient atmosphere as to concentrations and movements of air contaminants and conduct or cause to be conducted a program to determine the quantity of emissions to the atmosphere.
(6) The department shall enforce the air quality standards and emission standards throughout the state except where a local authority is enforcing the state regulations or its own regulations which are more stringent than those of the state.
(7) The department shall encourage local units of government to handle air pollution problems within their respective jurisdictions; and, on a cooperative basis provide technical and consultative assistance therefor.
(8) The department shall have the power to require the addition to or deletion of a county or counties from an existing authority in order to carry out the purposes of this chapter. No such addition or deletion shall be made without the concurrence of any existing authority involved. Such action shall only be taken after a public hearing held pursuant to the provisions of chapter
34.05 RCW.
(9) The department shall establish rules requiring sources or source categories to apply reasonable and available control methods. Such rules shall apply to those sources or source categories that individually or collectively contribute the majority of statewide air emissions of each regulated pollutant. The department shall review, and if necessary, update its rules every five years to ensure consistency with current reasonable and available control methods. The department shall have adopted rules required under this subsection for all sources by July 1, 1996.
For the purposes of this section, "reasonable and available control methods" shall include but not be limited to, changes in technology, processes, or other control strategies.
Sec. 1104. RCW
70.94.332 and 1991 c 199 s 711 are each amended to read as follows:
At least thirty days prior to the commencement of any formal enforcement action under RCW
70.94.430 and
70.94.431 (as recodified by this act), the department of ecology shall cause written notice to be served upon the alleged violator or violators. The notice shall specify the provision of this chapter or the rule or regulation alleged to be violated, and the facts alleged to constitute a violation thereof, and may include an order that necessary corrective action be taken within a reasonable time. In lieu of an order, the department may require that the alleged violator or violators appear before it for the purpose of providing the department information pertaining to the violation or the charges complained of. Every notice of violation shall offer to the alleged violator an opportunity to meet with the department prior to the commencement of enforcement action.
Sec. 1105. RCW
70.94.335 and 1994 c 257 s 15 are each amended to read as follows:
The procedural requirements of this chapter shall not apply to any person conducting a remedial action at a facility pursuant to a consent decree, order, or agreed order issued pursuant to chapter
70.105D RCW
(as recodified by this act), or to the department of ecology when it conducts a remedial action under chapter
70.105D RCW
(as recodified by this act). The department of ecology shall ensure compliance with the substantive requirements of this chapter through the consent decree, order, or agreed order issued pursuant to chapter
70.105D RCW
(as recodified by this act), or during the department-conducted remedial action, through the procedures developed by the department pursuant to RCW
70.105D.090 (as recodified by this act).
Sec. 1106. RCW
70.94.385 and 1991 c 199 s 712 are each amended to read as follows:
(1) Any authority may apply to the department for state financial aid. The department shall annually establish the amount of state funds available for the local authorities taking into consideration available federal and state funds. The establishment of funding amounts shall be consistent with federal requirements and local maintenance of effort necessary to carry out the provisions of this chapter. Any such aid shall be expended from the general fund or from other appropriations as the legislature may provide for this purpose: PROVIDED, That federal funds shall be utilized to the maximum unless otherwise approved by the department: PROVIDED FURTHER, That the amount of state funds provided to local authorities during the previous year shall not be reduced without a public notice or public hearing held by the department if requested by the affected local authority, unless such changes are the direct result of a reduction in the available federal funds for air pollution control programs.
(2) Before any such application is approved and financial aid is given or approved by the department, the authority shall demonstrate to the satisfaction of the department that it is fulfilling the requirements of this chapter. If the department has not adopted ambient air quality standards and objectives as permitted by RCW
70.94.331 (as recodified by this act), the authority shall demonstrate to the satisfaction of the department that it is acting in good faith and doing all that is possible and reasonable to control and prevent air pollution within its jurisdictional boundaries and to carry out the purposes of this chapter.
(3) The department shall adopt rules requiring the submission of such information by each authority including the submission of its proposed budget and a description of its program in support of the application for state financial aid as necessary to enable the department to determine the need for state aid.
Sec. 1107. RCW
70.94.390 and 2012 c 117 s 408 are each amended to read as follows:
The department may, at any time and on its own motion, hold a hearing to determine if the activation of an authority is necessary for the prevention, abatement, and control of air pollution which exists or is likely to exist in any area of the state. Notice of such hearing shall be conducted in accordance with chapter
42.30 RCW and chapter
34.05 RCW. If at such hearing the department finds that air pollution exists or is likely to occur in a particular area, and that the purposes of this chapter and the public interest will be best served by the activation of an authority it shall designate the boundaries of such area and set forth in a report to the appropriate county or counties recommendations for the activation of an authority: PROVIDED, That if at such hearing the department determines that the activation of an authority is not practical or feasible for the reason that a local or regional air pollution control program cannot be successfully established or operated due to unusual circumstances and conditions, but that the control and/or prevention of air pollution is necessary for the purposes of this chapter and the public interest, it may assume jurisdiction and so declare by order. Such order shall designate the geographic area in which, and the effective date upon which, the department will exercise jurisdiction for the control and/or prevention of air pollution. The department shall exercise its powers and duties in the same manner as if it had assumed authority under RCW
70.94.410 (as recodified by this act).
All expenses incurred by the department in the control and prevention of air pollution in any county pursuant to the provisions of RCW
70.94.390 and
70.94.410 (as recodified by this act) shall constitute a claim against such county. The department shall certify the expenses to the auditor of the county, who promptly shall issue his or her warrant on the county treasurer payable out of the current expense fund of the county. In the event that the amount in the current expense fund of the county is not adequate to meet the expenses incurred by the department, the department shall certify to the state treasurer that it has a prior claim on any money in the "liquor excise tax fund" that is to be apportioned to that county by the state treasurer as provided in RCW
82.08.170. In the event that the amount in the "liquor excise tax fund" that is to be apportioned to that county by the state treasurer is not adequate to meet the expenses incurred by the department, the department shall certify to the state treasurer that they have a prior claim on any excess funds from the liquor revolving fund that are to be distributed to that county as provided in RCW
66.08.190 through
66.08.220. All moneys that are collected as provided in this section shall be placed in the general fund in the account of the office of air programs of the department.
Sec. 1108. RCW
70.94.400 and 1987 c 109 s 44 are each amended to read as follows:
If, at the end of ninety days after the department issues a report as provided for in RCW
70.94.390 (as recodified by this act), to appropriate county or counties recommending the activation of an authority such county or counties have not performed those actions recommended by the department, and the department is still of the opinion that the activation of an authority is necessary for the prevention, abatement and control of air pollution which exists or is likely to exist, then the department may, at its discretion, issue an order activating an authority. Such order, a certified copy of which shall be filed with the secretary of state, shall specify the participating county or counties and the effective date by which the authority shall begin to function and exercise its powers. Any authority activated by order of the department shall choose the members of its board as provided in RCW
70.94.100 (as recodified by this act) and begin to function in the same manner as if it had been activated by resolutions of the county or counties included within its boundaries. The department may, upon due notice to all interested parties, conduct a hearing in accordance with chapter
42.30 RCW and chapter
34.05 RCW within six months after the order was issued to review such order and to ascertain if such order is being carried out in good faith. At such time the department may amend any such order issued if it is determined by the department that such order is being carried out in bad faith or the department may take the appropriate action as is provided in RCW
70.94.410 (as recodified by this act).
Sec. 1109. RCW
70.94.410 and 1991 c 199 s 715 are each amended to read as follows:
(1) If, after thirty days from the time that the department issues a report or order to an authority under RCW
70.94.400 and
70.94.405 (as recodified by this act), such authority has not taken action which indicates that it is attempting in good faith to implement the recommendations or actions of the department as set forth in the report or order, the department may, by order, declare as null and void any or all ordinances, resolutions, rules or regulations of such authority relating to the control and/or prevention of air pollution, and at such time the department shall become the sole body with authority to make and enforce rules and regulations for the control and/or prevention of air pollution within the geographical area of such authority. If this occurs, the department may assume all those powers which are given to it by law to effectuate the purposes of this chapter. The department may, by order, continue in effect and enforce provisions of the ordinances, resolutions, or rules of such authority which are not less stringent than those requirements which the department may have found applicable to the area under RCW
70.94.331 (as recodified by this act), until such time as the department adopts its own rules. Any rules promulgated by the department shall be subject to the provisions of chapter
34.05 RCW. Any enforcement actions shall be subject to RCW
43.21B.300 or
43.21B.310.
(2) No provision of this chapter is intended to prohibit any authority from reestablishing its air pollution control program which meets with the approval of the department and which complies with the purposes of this chapter and with applicable rules and orders of the department.
(3) Nothing in this chapter shall prevent the department from withdrawing the exercise of its jurisdiction over an authority upon its own motion if the department has found at a hearing held in accordance with chapters
42.30 and
34.05 RCW, that the air pollution prevention and control program of such authority will be carried out in good faith, that such program will do all that is possible and reasonable to control and/or prevent air pollution within the geographical area over which it has jurisdiction, and that the program complies with the provisions of this chapter. Upon the withdrawal of the department, the department shall prescribe certain recommendations as to how air pollution prevention and/or control is to be effectively accomplished and guidelines which will assist the authority in carrying out the recommendations of the department.
Sec. 1110. RCW
70.94.422 and 1993 c 252 s 7 are each amended to read as follows:
(1) The department of health shall have all the enforcement powers as provided in RCW
70.94.332,
70.94.425,
70.94.430,
70.94.431 (1) through (7), and
70.94.435 (as recodified by this act) with respect to emissions of radionuclides. This section does not preclude the department of ecology from exercising its authority under this chapter.
(2) Permits for energy facilities subject to chapter
80.50 RCW shall be issued by the energy facility site evaluation council. However, the permits become effective only if the governor approves an application for certification and executes a certification agreement under chapter
80.50 RCW. The council shall have all powers necessary to administer an operating permits program pertaining to such facilities, consistent with applicable air quality standards established by the department or local air pollution control authorities, or both, and to obtain the approval of the United States environmental protection agency. The council's powers include, but are not limited to, all of the enforcement powers provided in RCW
70.94.332,
70.94.425,
70.94.430,
70.94.431 (1) through (7), and
70.94.435 (as recodified by this act) with respect to permit program sources required to obtain certification from the council under chapter
80.50 RCW. To the extent not covered under RCW
80.50.071, the council may collect fees as granted to delegated local air authorities under RCW
70.94.152,
70.94.161 (14) and (15),
70.94.162, and
70.94.154(7)
(as recodified by this act) with respect to permit program sources required to obtain certification from the council under chapter
80.50 RCW. The council and the department shall each establish procedures that provide maximum coordination and avoid duplication between the two agencies in carrying out the requirements of this chapter.
Sec. 1111. RCW
70.94.430 and 2019 c 284 s 4 are each amended to read as follows:
(1) Any person who knowingly violates any of the provisions of
this chapter ((
70.94)) or
chapter 70.120 RCW
(as recodified by this act), RCW
70.235.080 (as recodified by this act), or any ordinance, resolution, or regulation in force pursuant thereto is guilty of a gross misdemeanor and upon conviction thereof shall be punished by a fine of not more than ten thousand dollars, or by imprisonment in the county jail for up to three hundred sixty-four days, or by both for each separate violation.
(2) Any person who negligently releases into the ambient air any substance listed by the department of ecology as a hazardous air pollutant, other than in compliance with the terms of an applicable permit or emission limit, and who at the time negligently places another person in imminent danger of death or substantial bodily harm is guilty of a gross misdemeanor and shall, upon conviction, be punished by a fine of not more than ten thousand dollars, or by imprisonment for up to three hundred sixty-four days, or both.
(3) Any person who knowingly releases into the ambient air any substance listed by the department of ecology as a hazardous air pollutant, other than in compliance with the terms of an applicable permit or emission limit, and who knows at the time that he or she thereby places another person in imminent danger of death or substantial bodily harm, is guilty of a class C felony and shall, upon conviction, be punished by a fine of not less than fifty thousand dollars, or by imprisonment for not more than five years, or both.
(4) Any person who knowingly fails to disclose a potential conflict of interest under RCW
70.94.100 (as recodified by this act) is guilty of a gross misdemeanor, and upon conviction thereof shall be punished by a fine of not more than five thousand dollars.
Sec. 1112. RCW
70.94.431 and 2019 c 284 s 5 are each amended to read as follows:
(1)(a) Except as provided in RCW
43.05.060 through
43.05.080 and
43.05.150, and in addition to or as an alternate to any other penalty provided by law, any person who violates any of the provisions of this chapter, chapter
70.120 or
70.310 RCW
(as recodified by this act), RCW
70.235.080 (as recodified by this act), or any of the rules in force under such chapters or section may incur a civil penalty in an amount not to exceed ten thousand dollars per day for each violation. Each such violation shall be a separate and distinct offense, and in case of a continuing violation, each day's continuance shall be a separate and distinct violation.
(b) Any person who fails to take action as specified by an order issued pursuant to this chapter shall be liable for a civil penalty of not more than ten thousand dollars for each day of continued noncompliance.
(2)(a) Penalties incurred but not paid shall accrue interest, beginning on the ninety-first day following the date that the penalty becomes due and payable, at the highest rate allowed by RCW
19.52.020 on the date that the penalty becomes due and payable. If violations or penalties are appealed, interest shall not begin to accrue until the thirty-first day following final resolution of the appeal.
(b) The maximum penalty amounts established in this section may be increased annually to account for inflation as determined by the state office of the economic and revenue forecast council.
(3) Each act of commission or omission which procures, aids or abets in the violation shall be considered a violation under the provisions of this section and subject to the same penalty. The penalties provided in this section shall be imposed pursuant to RCW
43.21B.300.
(4) All penalties recovered under this section by the department shall be paid into the state treasury and credited to the air pollution control account established in RCW
70.94.015 (as recodified by this act) or, if recovered by the authority, shall be paid into the treasury of the authority and credited to its funds. If a prior penalty for the same violation has been paid to a local authority, the penalty imposed by the department under subsection (1) of this section shall be reduced by the amount of the payment.
(5) To secure the penalty incurred under this section, the state or the authority shall have a lien on any vessel used or operated in violation of this chapter which shall be enforced as provided in RCW
60.36.050.
(6) Public or private entities that are recipients or potential recipients of department grants, whether for air quality related activities or not, may have such grants rescinded or withheld by the department for failure to comply with provisions of this chapter.
(7) In addition to other penalties provided by this chapter, persons knowingly under-reporting emissions or other information used to set fees, or persons required to pay emission or permit fees who are more than ninety days late with such payments may be subject to a penalty equal to three times the amount of the original fee owed.
(8) The department shall develop rules for excusing excess emissions from enforcement action if such excess emissions are unavoidable. The rules shall specify the criteria and procedures for the department and local air authorities to determine whether a period of excess emissions is excusable in accordance with the state implementation plan.
Sec. 1113. RCW
70.94.435 and 1967 c 238 s 62 are each amended to read as follows:
As an additional means of enforcing this chapter, the governing body or board may accept an assurance of discontinuance of any act or practice deemed in violation of this chapter or of any ordinance, resolution, rule or regulation adopted pursuant hereto, from any person engaging in, or who has engaged in, such act or practice. Any such assurance shall specify a time limit during which such discontinuance is to be accomplished. Failure to perform the terms of any such assurance shall constitute prima facie proof of a violation of this chapter or the ordinances, resolutions, rules or regulations, or order issued pursuant thereto, which make the alleged act or practice unlawful for the purpose of securing any injunction or other relief from the superior court as provided in RCW
70.94.425 (as recodified by this act).
Sec. 1114. RCW
70.94.450 and 1987 c 405 s 1 are each amended to read as follows:
In the interest of the public health and welfare and in keeping with the objectives of RCW
70.94.011 (as recodified by this act), the legislature declares it to be the public policy of the state to control, reduce, and prevent air pollution caused by woodstove emissions. It is the state's policy to reduce woodstove emissions by encouraging the department of ecology to continue efforts to educate the public about the effects of woodstove emissions, other heating alternatives, and the desirability of achieving better emission performance and heating efficiency from woodstoves. The legislature further declares that: (1) The purchase of certified woodstoves will not solve the problem of pollution caused by woodstove emissions; and (2) the reduction of air pollution caused by woodstove emissions will only occur when woodstove users adopt proper methods of wood burning.
Sec. 1115. RCW
70.94.453 and 1987 c 405 s 2 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW
70.94.453 through ((
70.94.487))
70.94.483 (as recodified by this act):
(1) "Department" means the department of ecology.
(2) "Woodstove" means a solid fuel burning device other than a fireplace not meeting the requirements of RCW
70.94.457 (as recodified by this act), including any fireplace insert, woodstove, wood burning heater, wood stick boiler, coal-fired furnace, coal stove, or similar device burning any solid fuel used for aesthetic or space-heating purposes in a private residence or commercial establishment, which has a heat input less than one million British thermal units per hour. The term "woodstove" does not include wood cook stoves.
(3) "Fireplace" means: (a) Any permanently installed masonry fireplace; or (b) any factory-built metal solid fuel burning device designed to be used with an open combustion chamber and without features to control the air to fuel ratio.
(4) "New woodstove" means: (a) A woodstove that is sold at retail, bargained, exchanged, or given away for the first time by the manufacturer, the manufacturer's dealer or agency, or a retailer; and (b) has not been so used to have become what is commonly known as "secondhand" within the ordinary meaning of that term.
(5) "Solid fuel burning device" means any device for burning wood, coal, or any other nongaseous and nonliquid fuel, including a woodstove and fireplace.
(6) "Authority" means any air pollution control agency whose jurisdictional boundaries are coextensive with the boundaries of one or more counties.
(7) "Opacity" means the degree to which an object seen through a plume is obscured, stated as a percentage. The methods approved by the department in accordance with RCW
70.94.331 (as recodified by this act) shall be used to establish opacity for the purposes of this chapter.
Sec. 1116. RCW
70.94.460 and 1995 c 205 s 4 are each amended to read as follows:
After July 1, 1988, no person shall sell, offer to sell, or knowingly advertise to sell a new woodstove in this state to a resident of this state unless the woodstove has been approved by the department under the program established under RCW
70.94.457 (as recodified by this act).
Sec. 1117. RCW
70.94.463 and 1987 c 405 s 8 are each amended to read as follows:
After July 1, 1988, any person who sells, offers to sell, or knowingly advertises to sell a new woodstove in this state in violation of RCW
70.94.460 (as recodified by this act) shall be subject to the penalties and enforcement actions under this chapter.
Sec. 1118. RCW
70.94.467 and 1987 c 405 s 12 are each amended to read as follows:
Nothing in RCW
70.94.460 or
70.94.463 (as recodified by this act) shall apply to a radio station, television station, publisher, printer, or distributor of a newspaper, magazine, billboard, or other advertising medium that accepts advertising in good faith and without knowledge of its violation of RCW
70.94.453 through ((
70.94.487))
70.94.483 (as recodified by this act).
Sec. 1119. RCW
70.94.473 and 2016 c 187 s 1 are each amended to read as follows:
(1) Any person in a residence or commercial establishment which has an adequate source of heat without burning wood shall:
(a) Not burn wood in any solid fuel burning device whenever the department has determined under RCW
70.94.715 (as recodified by this act) that any air pollution episode exists in that area;
(b) Not burn wood in any solid fuel burning device except those which are either Oregon department of environmental quality phase II or United States environmental protection agency certified or certified by the department under RCW
70.94.457(1)
(as recodified by this act) or a pellet stove either certified or issued an exemption by the United States environmental protection agency in accordance with Title 40, Part 60 of the Code of Federal Regulations, in the geographical area and for the period of time that a first stage of impaired air quality has been determined, by the department or any authority, for that area.
(i) A first stage of impaired air quality is reached when forecasted meteorological conditions are predicted to cause fine particulate levels to exceed thirty-five micrograms per cubic meter, measured on a twenty-four hour average, within forty-eight hours, except for areas of fine particulate nonattainment or areas at risk for fine particulate nonattainment;
(ii) A first stage burn ban for impaired air quality may be called for a county containing fine particulate nonattainment areas or areas at risk for fine particulate nonattainment, and when feasible only for the necessary portions of the county, when forecasted meteorological conditions are predicted to cause fine particulate levels to reach or exceed thirty micrograms per cubic meter, measured on a twenty-four hour average, within seventy-two hours; and
(c)(i) Not burn wood in any solid fuel burning device in a geographical area and for the period of time that a second stage of impaired air quality has been determined by the department or any authority, for that area. A second stage of impaired air quality is reached when a first stage of impaired air quality has been in force and has not been sufficient to reduce the increasing fine particulate pollution trend, fine particulates are at an ambient level of twenty-five micrograms per cubic meter measured on a twenty-four hour average, and forecasted meteorological conditions are not expected to allow levels of fine particulates to decline below twenty-five micrograms per cubic meter for a period of twenty-four hours or more from the time that the fine particulates are measured at the trigger level.
(ii) A second stage burn ban may be called without calling a first stage burn ban only when all of the following occur and shall require the department or the local air pollution control authority calling a second stage burn ban under this subsection to comply with the requirements of subsection (3) of this section:
(A) Fine particulate levels have reached or exceeded twenty-five micrograms per cubic meter, measured on a twenty-four hour average;
(B) Meteorological conditions have caused fine particulate levels to rise rapidly;
(C) Meteorological conditions are predicted to cause fine particulate levels to exceed the thirty-five micrograms per cubic meter, measured on a twenty-four hour average, within twenty-four hours; and
(D) Meteorological conditions are highly likely to prevent sufficient dispersion of fine particulate.
(iii) In fine particulate nonattainment areas or areas at risk for fine particulate nonattainment, a second stage burn ban may be called for the county containing the nonattainment area or areas at risk for nonattainment, and when feasible only for the necessary portions of the county, without calling a first stage burn ban only when (c)(ii)(A), (B), and (D) of this subsection have been met and meteorological conditions are predicted to cause fine particulate levels to reach or exceed thirty micrograms per cubic meter, measured on a twenty-four hour average, within twenty-four hours.
(2) Actions of the department and local air pollution control authorities under this section shall preempt actions of other state agencies and local governments for the purposes of controlling air pollution from solid fuel burning devices, except where authorized by chapter 199, Laws of 1991.
(3)(a) The department or any local air pollution control authority that has called a second stage burn ban under the authority of subsection (1)(c)(ii) of this section shall, within ninety days, prepare a written report describing:
(i) The meteorological conditions that resulted in their calling the second stage burn ban;
(ii) Whether the agency could have taken actions to avoid calling a second stage burn ban without calling a first stage burn ban; and
(iii) Any changes the department or authority is making to its procedures of calling first stage and second stage burn bans to avoid calling a second stage burn ban without first calling a first stage burn ban.
(b) After consulting with affected parties, the department shall prescribe the format of such a report and may also require additional information be included in the report. All reports shall be sent to the department and the department shall keep the reports on file for not less than five years and available for public inspection and copying in accordance with RCW
42.56.090.
(4) For the purposes of chapter 219, Laws of 2012, an area at risk for nonattainment means an area where the three-year average of the annual ninety-eighth percentile of twenty-four hour fine particulate values is greater than twenty-nine micrograms per cubic meter, based on the years 2008 through 2010 monitoring data.
(5)(a) Nothing in this section restricts a person from installing or repairing a certified solid fuel burning device approved by the department under the program established under RCW
70.94.457 (as recodified by this act) in a residence or commercial establishment or from replacing a solid fuel burning device with a certified solid fuel burning device. Nothing in this section restricts a person from burning wood in a solid fuel burning device, regardless of whether a burn ban has been called, if there is an emergency power outage. In addition, for the duration of an emergency power outage, nothing restricts the use of a solid fuel burning device or the temporary installation, repair, or replacement of a solid fuel burning device to prevent the loss of life, health, or business.
(b) For the purposes of this subsection, an emergency power outage includes:
(i) Any natural or human-caused event beyond the control of a person that ((leave[s]))leaves the person's residence or commercial establishment temporarily without an adequate source of heat other than the solid fuel burning device; or
(ii) A natural or human-caused event for which the governor declares an emergency in an area under chapter
43.06 RCW, including a public disorder, disaster, or energy emergency under RCW
43.06.010(12).
Sec. 1120. RCW
70.94.475 and 1990 c 157 s 2 are each amended to read as follows:
A condominium owners' association or an association formed by residents of a multiple-family dwelling are not liable for violations of RCW
70.94.473 (as recodified by this act) by a resident of a condominium or multiple-family dwelling. The associations shall cooperate with local air pollution control authorities to acquaint residents with the provisions of this section.
Sec. 1121. RCW
70.94.477 and 2012 c 219 s 2 are each amended to read as follows:
(1) Unless allowed by rule under chapter
34.05 RCW, a person shall not cause or allow any of the following materials to be burned in any residential solid fuel burning device:
(a) Garbage;
(b) Treated wood;
(c) Plastics;
(d) Rubber products;
(e) Animals;
(f) Asphaltic products;
(g) Waste petroleum products;
(h) Paints; or
(i) Any substance, other than properly seasoned fuel wood, which normally emits dense smoke or obnoxious odors.
(2) To achieve and maintain attainment in areas of nonattainment for fine particulates in accordance with section 172 of the federal clean air act, a local air pollution control authority or the department may, after meeting requirements in subsection (3) of this section, prohibit the use of solid fuel burning devices, except:
(a) Fireplaces as defined in RCW
70.94.453(3)
(as recodified by this act), except if needed to meet federal requirements as a contingency measure in a state implementation plan for a fine particulate nonattainment area;
(b) Woodstoves meeting the standards set forth in RCW
70.94.473(1)(b)
(as recodified by this act); or
(c) Pellet stoves.
(3) Prior to prohibiting the use of solid fuel burning devices under subsection (2) of this section, the department or the local air pollution control authority must:
(a) Seek input from any city, county, or jurisdictional health department affected by the proposal to prohibit the use of solid fuel burning devices; and
(b) Make written findings that:
(i) The area is designated as an area of nonattainment for fine particulate matter by the United States environmental protection agency, or is in maintenance status under that designation;
(ii) Emissions from solid fuel burning devices in the area are a major contributing factor for violating the national ambient air quality standard for fine particulates; and
(iii) The area has an adequately funded program to assist low-income households to secure an adequate source of heat, which may include woodstoves meeting the requirements of RCW
70.94.453(2)
(as recodified by this act).
(4) If and only if the nonattainment area is within the jurisdiction of the department and the legislative authority of a city or county within the area of nonattainment formally expresses concerns with the department's written findings, then the department must publish on the department's web site the reasons for prohibiting the use of solid fuel burning devices under subsection (2) of this section that includes a response to the concerns expressed by the city or county legislative authority.
(5) When a local air pollution control authority or the department prohibits the use of solid fuel burning devices as authorized by this section, the cities, counties, and jurisdictional health departments serving the area shall cooperate with the department or local air pollution control authority as the department or the local air pollution control authority implements the prohibition. The responsibility for actual enforcement of the prohibition shall reside solely with the department or the local air pollution control authority. A city, county, or jurisdictional health department serving a fine particulate nonattainment area may agree to assist with enforcement activities.
(6) A prohibition issued by a local air pollution control authority or the department under this section shall not apply to:
(a) A person in a residence or commercial establishment that does not have an adequate source of heat without burning wood; or
(b) A person with a shop or garage that is detached from the main residence or commercial establishment that does not have an adequate source of heat in the detached shop or garage without burning wood.
(7) On June 7, 2012, and prior to January 1, 2015, the local air pollution control authority or the department shall, within available resources, provide assistance to households using solid fuel burning devices to reduce the emissions from those devices or change out to a lower emission device. Prior to the effective date of a prohibition, as defined in this section, on the use of uncertified stoves, the department or local air pollution control authority shall provide public education in the nonattainment area regarding how households can reduce their emissions through cleaner burning practices, the importance of respecting burn bans, and the opportunities for assistance in obtaining a cleaner device. If the area is designated as a nonattainment area as of January 1, 2015, or if required by the United States environmental protection agency, the local air pollution control authority or the department may prohibit the use of uncertified devices.
(8) As used in this section:
(a) "Jurisdictional health department" means a city, county, city-county, or district public health department.
(b) "Prohibit the use" or "prohibition" may include requiring disclosure of an uncertified device, removal, or rendering inoperable, as may be approved by rule by a local air pollution control authority or the department. The effective date of such a rule may not be prior to January 1, 2015. However, except as provided in RCW
64.06.020 relating to the seller disclosure of wood burning appliances, any such prohibition may not include imposing separate time of sale obligations on the seller or buyer of real estate as part of a real estate transaction.
Sec. 1122. RCW
70.94.480 and 1990 c 128 s 6 are each amended to read as follows:
(1) The department of ecology shall establish a program to educate woodstove dealers and the public about:
(a) The effects of woodstove emissions on health and air quality;
(b) Methods of achieving better efficiency and emission performance from woodstoves;
(c) Woodstoves that have been approved by the department;
(d) The benefits of replacing inefficient woodstoves with stoves approved under RCW
70.94.457 (as recodified by this act).
(2) Persons selling new woodstoves shall distribute and verbally explain educational materials describing when a stove can and cannot be legally used to customers purchasing new woodstoves.
Sec. 1123. RCW
70.94.483 and 2003 1st sp.s. c 25 s 932 are each amended to read as follows:
(1) The woodstove education and enforcement account is hereby created in the state treasury. Money placed in the account shall include all money received under subsection (2) of this section and any other money appropriated by the legislature. Money in the account shall be spent for the purposes of the woodstove education program established under RCW
70.94.480 (as recodified by this act) and for enforcement of the woodstove program, and shall be subject to legislative appropriation. However, during the 2003-05 fiscal biennium, the legislature may transfer from the woodstove education and enforcement account to the air pollution control account such amounts as specified in the omnibus operating budget bill.
(2) The department of ecology, with the advice of the advisory committee, shall set a flat fee of thirty dollars, on the retail sale, as defined in RCW
82.04.050, of each solid fuel burning device after January 1, 1992. The fee shall be imposed upon the consumer and shall not be subject to the retail sales tax provisions of chapters
82.08 and
82.12 RCW. The fee may be adjusted annually above thirty dollars to account for inflation as determined by the state office of the economic and revenue forecast council. The fee shall be collected by the department of revenue in conjunction with the retail sales tax under chapter
82.08 RCW. If the seller fails to collect the fee herein imposed or fails to remit the fee to the department of revenue in the manner prescribed in chapter
82.08 RCW, the seller shall be personally liable to the state for the amount of the fee. The collection provisions of chapter
82.32 RCW shall apply. The department of revenue shall deposit fees collected under this section in the woodstove education and enforcement account.
Sec. 1124. RCW
70.94.524 and 2006 c 329 s 1 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "A major employer" means a private or public employer, including state agencies, that employs one hundred or more full-time employees at a single worksite who begin their regular workday between 6:00 a.m. and 9:00 a.m. on weekdays for at least twelve continuous months during the year.
(2) "Major worksite" means a building or group of buildings that are on physically contiguous parcels of land or on parcels separated solely by private or public roadways or rights-of-way, and at which there are one hundred or more full-time employees, who begin their regular workday between 6:00 a.m. and 9:00 a.m. on weekdays, for at least twelve continuous months.
(3) "Major employment installation" means a military base or federal reservation, excluding tribal reservations, at which there are one hundred or more full-time employees, who begin their regular workday between 6:00 a.m. and 9:00 a.m. on weekdays, for at least twelve continuous months during the year.
(4) "Person hours of delay" means the daily person hours of delay per mile in the peak period of 6:00 a.m. to 9:00 a.m., as calculated using the best available methodology by the department of transportation.
(5) "Commute trip" means trips made from a worker's home to a worksite during the peak period of 6:00 a.m. to 9:00 a.m. on weekdays.
(6) "Proportion of single-occupant vehicle commute trips" means the number of commute trips made by single-occupant automobiles divided by the number of full-time employees.
(7) "Commute trip vehicle miles traveled per employee" means the sum of the individual vehicle commute trip lengths in miles over a set period divided by the number of full-time employees during that period.
(8) "Base year" means the twelve-month period commencing when a major employer is determined to be participating by the local jurisdiction, on which commute trip reduction goals shall be based.
(9) "Growth and transportation efficiency center" means a defined, compact, mixed-use urban area that contains jobs or housing and supports multiple modes of transportation. For the purpose of funding, a growth and transportation efficiency center must meet minimum criteria established by the commute trip reduction board under RCW
70.94.537 (as recodified by this act), and must be certified by a regional transportation planning organization as established in RCW
47.80.020.
(10)(a) "Affected urban growth area" means:
(i) An urban growth area, designated pursuant to RCW
36.70A.110, whose boundaries contain a state highway segment exceeding the one hundred person hours of delay threshold calculated by the department of transportation, and any contiguous urban growth areas; and
(ii) An urban growth area, designated pursuant to RCW
36.70A.110, containing a jurisdiction with a population over seventy thousand that adopted a commute trip reduction ordinance before the year 2000, and any contiguous urban growth areas.
(b) Affected urban growth areas will be listed by the department of transportation in the rules for chapter 329, Laws of 2006 using the criteria identified in (a) of this subsection.
(11) "Certification" means a determination by a regional transportation planning organization that a locally designated growth and transportation efficiency center program meets the minimum criteria developed in a collaborative regional process and the rules established by the department of transportation.
Sec. 1125. RCW
70.94.527 and 2006 c 329 s 2 are each amended to read as follows:
(1) Each county containing an urban growth area, designated pursuant to RCW
36.70A.110, and each city within an urban growth area with a state highway segment exceeding the one hundred person hours of delay threshold calculated by the department of transportation, as well as those counties and cities located in any contiguous urban growth areas, shall adopt a commute trip reduction plan and ordinance for major employers in the affected urban growth area by a date specified by the commute trip reduction board. Jurisdictions located within an urban growth area with a population greater than seventy thousand that adopted a commute trip reduction ordinance before the year 2000, as well as any jurisdiction within contiguous urban growth areas, shall also adopt a commute trip reduction plan and ordinance for major employers in the affected urban growth area by a date specified by the commute trip reduction board. Jurisdictions containing a major employment installation in a county with an affected growth area, designated pursuant to RCW
36.70A.110, shall adopt a commute trip reduction plan and ordinance for major employers in the major employment installation by a date specified by the commute trip reduction board. The ordinance shall establish the requirements for major employers and provide an appeals process by which major employers, who as a result of special characteristics of their business or its locations would be unable to meet the requirements of the ordinance, may obtain waiver or modification of those requirements. The plan shall be designed to achieve reductions in the proportion of single-occupant vehicle commute trips and be consistent with the rules established by the department of transportation. The county, city, or town shall submit its adopted plan to the regional transportation planning organization. The county, city, or town plan shall be included in the regional commute trip reduction plan for regional transportation planning purposes, consistent with the rules established by the department of transportation in RCW
70.94.537 (as recodified by this act).
(2) All other counties, cities, and towns may adopt and implement a commute trip reduction plan consistent with department of transportation rules established under RCW
70.94.537 (as recodified by this act). Tribal governments are encouraged to adopt a commute trip reduction plan for their lands. State investment in voluntary commute trip reduction plans shall be limited to those areas that meet criteria developed by the commute trip reduction board.
(3) The department of ecology may, after consultation with the department of transportation, as part of the state implementation plan for areas that do not attain the national ambient air quality standards for carbon monoxide or ozone, require municipalities other than those identified in subsection (1) of this section to adopt and implement commute trip reduction plans if the department determines that such plans are necessary for attainment of said standards.
(4) A commute trip reduction plan shall be consistent with the rules established under RCW
70.94.537 (as recodified by this act) and shall include but is not limited to (a) goals for reductions in the proportion of single-occupant vehicle commute trips consistent with the state goals established by the commute trip reduction board under RCW
70.94.537 (as recodified by this act) and the regional commute trip reduction plan goals established in the regional commute trip reduction plan; (b) a description of the requirements for major public and private sector employers to implement commute trip reduction programs; (c) a commute trip reduction program for employees of the county, city, or town; and (d) means, consistent with rules established by the department of transportation, for determining base year values and progress toward meeting commute trip reduction plan goals. The plan shall be developed in consultation with local transit agencies, the applicable regional transportation planning organization, major employers, and other interested parties.
(5) The commute trip reduction plans adopted by counties, cities, and towns under this chapter shall be consistent with and may be incorporated in applicable state or regional transportation plans and local comprehensive plans and shall be coordinated, and consistent with, the commute trip reduction plans of counties, cities, or towns with which the county, city, or town has, in part, common borders or related regional issues. Such regional issues shall include assuring consistency in the treatment of employers who have worksites subject to the requirements of this chapter in more than one jurisdiction. Counties, cities, and towns adopting commute trip reduction plans may enter into agreements through the interlocal cooperation act or by resolution or ordinance as appropriate with other jurisdictions, local transit agencies, transportation management associations or other private or nonprofit providers of transportation services, or regional transportation planning organizations to coordinate the development and implementation of such plans. Transit agencies shall work with counties, cities, and towns as a part of their six-year transit development plan established in RCW
35.58.2795 to take into account the location of major employer worksites when planning and prioritizing transit service changes or the expansion of public transportation services, including rideshare services. Counties, cities, or towns adopting a commute trip reduction plan shall review it annually and revise it as necessary to be consistent with applicable plans developed under RCW
36.70A.070. Regional transportation planning organizations shall review the local commute trip reduction plans during the development and update of the regional commute trip reduction plan.
(6) Each affected regional transportation planning organization shall adopt a commute trip reduction plan for its region consistent with the rules and deadline established by the department of transportation under RCW
70.94.537 (as recodified by this act). The plan shall include, but is not limited to: (a) Regional program goals for commute trip reduction in urban growth areas and all designated growth and transportation efficiency centers; (b) a description of strategies for achieving the goals; (c) a sustainable financial plan describing projected revenues and expenditures to meet the goals; (d) a description of the way in which progress toward meeting the goals will be measured; and (e) minimum criteria for growth and transportation efficiency centers. (i) Regional transportation planning organizations shall review proposals from local jurisdictions to designate growth and transportation efficiency centers and shall determine whether the proposed growth and transportation efficiency center is consistent with the criteria defined in the regional commute trip reduction plan. (ii) Growth and transportation efficiency centers certified as consistent with the minimum requirements by the regional transportation planning organization shall be identified in subsequent updates of the regional commute trip reduction plan. These plans shall be developed in collaboration with all affected local jurisdictions, transit agencies, and other interested parties within the region. The plan will be reviewed and approved by ((
[the]))
the commute trip reduction board as established under RCW
70.94.537 (as recodified by this act). Regions without an approved regional commute trip reduction plan shall not be eligible for state commute trip reduction program funds.
The regional commute trip reduction plan shall be consistent with and incorporated into transportation demand management components in the regional transportation plan as required by RCW
47.80.030.
(7) Each regional transportation planning organization implementing a regional commute trip reduction program shall, consistent with the rules and deadline established by the department of transportation, submit its plan as well as any related local commute trip reduction plans and certified growth and transportation efficiency center programs, to the commute trip reduction board established under RCW
70.94.537 (as recodified by this act). The commute trip reduction board shall review the regional commute trip reduction plan and the local commute trip reduction plans. The regional transportation planning organization shall collaborate with the commute trip reduction board to evaluate the consistency of local commute trip reduction plans with the regional commute trip reduction plan. Local and regional plans must be approved by the commute trip reduction board in order to be eligible for state funding provided for the purposes of this chapter.
(8) Each regional transportation planning organization implementing a regional commute trip reduction program shall submit an annual progress report to the commute trip reduction board established under RCW
70.94.537 (as recodified by this act). The report shall be due at the end of each state fiscal year for which the program has been implemented. The report shall describe progress in attaining the applicable commute trip reduction goals and shall highlight any problems being encountered in achieving the goals. The information shall be reported in a form established by the commute trip reduction board.
(9) Any waivers or modifications of the requirements of a commute trip reduction plan granted by a jurisdiction shall be submitted for review to the commute trip reduction board established under RCW
70.94.537 (as recodified by this act). The commute trip reduction board may not deny the granting of a waiver or modification of the requirements of a commute trip reduction plan by a jurisdiction but they may notify the jurisdiction of any comments or objections.
(10) Plans implemented under this section shall not apply to commute trips for seasonal agricultural employees.
(11) Plans implemented under this section shall not apply to construction worksites when the expected duration of the construction project is less than two years.
(12) If an affected urban growth area has not previously implemented a commute trip reduction program and the state has funded solutions to state highway deficiencies to address the area's exceeding the person hours of delay threshold, the affected urban growth area shall be exempt from the duties of this section for a period not exceeding two years.
Sec. 1126. RCW
70.94.528 and 2006 c 329 s 4 are each amended to read as follows:
(1) A county, city, or town may, as part of its commute trip reduction plan, designate existing activity centers listed in its comprehensive plan or new activity centers as growth and transportation efficiency centers and establish a transportation demand management program in the designated area.
(a) The transportation demand management program for the growth and transportation efficiency center shall be developed in consultation with local transit agencies, the applicable regional transportation planning organization, major employers, and other interested parties.
(b) In order to be eligible for state funding provided for the purposes of this section, designated growth and transportation efficiency centers shall be certified by the applicable regional transportation organization to: (i) Meet the minimum land use and transportation criteria established in collaboration among local jurisdictions, transit agencies, the regional transportation planning organization, and other interested parties as part of the regional commute trip reduction plan; and (ii) have established a transportation demand management program that includes the elements identified in (c) of this subsection and is consistent with the rules established by the department of transportation in RCW
70.94.537(2)
(as recodified by this act). If a designated growth and transportation efficiency center is denied certification, the local jurisdiction may appeal the decision to the commute trip reduction board.
(c) Transportation demand management programs for growth and transportation efficiency centers shall include, but are not limited to: (i) Goals for reductions in the proportion of single-occupant vehicle trips that are more aggressive than the state program goal established by the commute trip reduction board; (ii) a sustainable financial plan demonstrating how the program can be implemented to meet state and regional trip reduction goals, indicating resources from public and private sources that are reasonably expected to be made available to carry out the plan, and recommending any innovative financing techniques consistent with chapter
47.29 RCW, including public/private partnerships, to finance needed facilities, services, and programs; (iii) a proposed organizational structure for implementing the program; (iv) a proposal to measure performance toward the goal and implementation progress; and (v) an evaluation to which local land use and transportation policies apply, including parking policies and ordinances, to determine the extent that they complement and support the trip reduction investments of major employers. Each of these program elements shall be consistent with the rules established under RCW
70.94.537 (as recodified by this act).
(d) A designated growth and transportation efficiency center shall be consistent with the land use and transportation elements of the local comprehensive plan.
(e) Transit agencies, local governments, and regional transportation planning organizations shall identify certified growth and transportation efficiency centers as priority areas for new service and facility investments in their respective investment plans.
(2) A county, city, or town that has established a growth and transportation efficiency center program shall support vehicle trip reduction activities in the designated area. The implementing jurisdiction shall adopt policies, ordinances, and funding strategies that will lead to attainment of program goals in those areas.
Sec. 1127. RCW
70.94.531 and 2013 c 26 s 1 are each amended to read as follows:
(1) State agency worksites are subject to the same requirements under this section and RCW
70.94.534 (as recodified by this act) as private employers.
(2) Not more than ninety days after the adoption of a jurisdiction's commute trip reduction plan, each major employer in that jurisdiction shall perform a baseline measurement consistent with the rules established by the department of transportation under RCW
70.94.537 (as recodified by this act). Not more than ninety days after receiving the results of the baseline measurement, each major employer shall develop a commute trip reduction program and shall submit a description of that program to the jurisdiction for review. The program shall be implemented not more than ninety days after approval by the jurisdiction.
(3) A commute trip reduction program of a major employer shall consist of, at a minimum (a) designation of a transportation coordinator and the display of the name, location, and telephone number of the coordinator in a prominent manner at each affected worksite; (b) regular distribution of information to employees regarding alternatives to single-occupant vehicle commuting; (c) a regular review of employee commuting and reporting of progress toward meeting the single-occupant vehicle reduction goals to the county, city, or town consistent with the method established in the commute trip reduction plan and the rules established by the department of transportation under RCW
70.94.537 (as recodified by this act); and (d) implementation of a set of measures designed to achieve the applicable commute trip reduction goals adopted by the jurisdiction. Such measures may include but are not limited to:
(i) Provision of preferential parking or reduced parking charges, or both, for high occupancy vehicles and motorcycles;
(ii) Instituting or increasing parking charges for single-occupant vehicles;
(iii) Provision of commuter ride matching services to facilitate employee ride sharing for commute trips;
(iv) Provision of subsidies for transit fares;
(v) Provision of vans for van pools;
(vi) Provision of subsidies for car pooling or van pooling;
(vii) Permitting the use of the employer's vehicles for car pooling or van pooling;
(viii) Permitting flexible work schedules to facilitate employees' use of transit, car pools, or van pools;
(ix) Cooperation with transportation providers to provide additional regular or express service to the worksite;
(x) Construction of special loading and unloading facilities for transit, car pool, and van pool users;
(xi) Provision of bicycle parking facilities, lockers, changing areas, and showers for employees who bicycle or walk to work;
(xii) Provision of a program of parking incentives such as a rebate for employees who do not use the parking facility;
(xiii) Establishment of a program to permit employees to work part or full time at home or at an alternative worksite closer to their homes;
(xiv) Establishment of a program of alternative work schedules such as compressed workweek schedules which reduce commuting; and
(xv) Implementation of other measures designed to facilitate the use of high occupancy vehicles such as on-site day care facilities and emergency taxi services.
(4) Employers or owners of worksites may form or utilize existing transportation management associations or other transportation-related associations authorized by RCW
35.87A.010 to assist members in developing and implementing commute trip reduction programs.
(5) Employers shall make a good faith effort towards achievement of the goals identified in RCW
70.94.527(4)(d)
(as recodified by this act).
Sec. 1128. RCW
70.94.534 and 2006 c 329 s 6 are each amended to read as follows:
(1) Each jurisdiction implementing a commute trip reduction plan under this chapter or as part of a plan or ordinance developed under RCW
36.70A.070 shall review each employer's initial commute trip reduction program to determine if the program is likely to meet the applicable commute trip reduction goals. The employer shall be notified by the jurisdiction of its findings. If the jurisdiction finds that the program is not likely to meet the applicable commute trip reduction goals, the jurisdiction will work with the employer to modify the program as necessary. The jurisdiction shall complete review of each employer's initial commute trip reduction program within ninety days of receipt.
(2) Employers implementing commute trip reduction programs are expected to undertake good faith efforts to achieve the goals outlined in RCW
70.94.527(4)
(as recodified by this act). Employers are considered to be making a good faith effort if the following conditions have been met:
(a) The employer has met the minimum requirements identified in RCW
70.94.531 (as recodified by this act);
(b) The employer has notified the jurisdiction of its intent to substantially change or modify its program and has either received the approval of the jurisdiction to do so or has acknowledged that its program may not be approved without additional modifications;
(c) The employer has provided adequate information and documentation of implementation when requested by the jurisdiction; and
(d) The employer is working collaboratively with its jurisdiction to continue its existing program or is developing and implementing program modifications likely to result in improvements to the program over an agreed upon length of time.
(3) Each jurisdiction shall review at least once every two years each employer's progress and good faith efforts toward meeting the applicable commute trip reduction goals. If an employer makes a good faith effort, as defined in this section, but is not likely to meet the applicable commute trip reduction goals, the jurisdiction shall work collaboratively with the employer to make modifications to the commute trip reduction program. Failure of an employer to reach the applicable commute trip reduction goals is not a violation of this chapter.
(4) If an employer fails to make a good faith effort and fails to meet the applicable commute trip reduction goals, the jurisdiction shall work collaboratively with the employer to propose modifications to the program and shall direct the employer to revise its program within thirty days to incorporate those modifications or modifications which the jurisdiction determines to be equivalent.
(5) Each jurisdiction implementing a commute trip reduction plan pursuant to this chapter may impose civil penalties, in the manner provided in chapter
7.80 RCW, for failure by an employer to implement a commute trip reduction program or to modify its commute trip reduction program as required in subsection (4) of this section. No major employer may be held liable for civil penalties for failure to reach the applicable commute trip reduction goals. No major employer shall be liable for civil penalties under this chapter if failure to achieve a commute trip reduction program goal was the result of an inability to reach agreement with a certified collective bargaining agent under applicable laws where the issue was raised by the employer and pursued in good faith.
(6) Jurisdictions shall notify major employers of the procedures for applying for goal modification or exemption from the commute trip reduction requirements based on the guidelines established by the commute trip reduction board authorized under RCW
70.94.537 (as recodified by this act).
Sec. 1129. RCW
70.94.541 and 2009 c 427 s 1 are each amended to read as follows:
(1) The department of transportation shall provide staff support to the commute trip reduction board in carrying out the requirements of RCW
70.94.537 (as recodified by this act).
(2) The department of transportation shall provide technical assistance to regional transportation planning organizations, counties, cities, towns, state agencies, as defined in RCW
40.06.010, and other employers in developing and implementing commute trip reduction plans and programs. The technical assistance shall include: (a) Guidance in single measurement methodology and practice to be used in determining progress in attaining plan goals; (b) developing model plans and programs appropriate to different situations; and (c) providing consistent training and informational materials for the implementation of commute trip reduction programs. Model plans and programs, training, and informational materials shall be developed in cooperation with representatives of regional transportation planning organizations, local governments, transit agencies, and employers.
(3) In carrying out this section the department of transportation may contract with statewide associations representing cities, towns, and counties to assist cities, towns, and counties in implementing commute trip reduction plans and programs.
Sec. 1130. RCW
70.94.544 and 2006 c 329 s 9 are each amended to read as follows:
A portion of the funds made available for the purposes of this chapter shall be used to fund the commute trip reduction board in carrying out the responsibilities of RCW
70.94.537 (as recodified by this act), and the department of transportation, including the activities authorized under RCW
70.94.541(2)
(as recodified by this act), and to assist regional transportation planning organizations, counties, cities, and towns implementing commute trip reduction plans. The commute trip reduction board shall determine the allocation of program funds made available for the purposes of this chapter to regional transportation planning organizations, counties, cities, and towns implementing commute trip reduction plans. If state funds for the purposes of this chapter are provided to those jurisdictions implementing voluntary commute trip reduction plans, the funds shall be disbursed based on criteria established by the commute trip reduction board under RCW
70.94.537 (as recodified by this act).
Sec. 1131. RCW
70.94.551 and 2015 c 225 s 105 are each amended to read as follows:
(1) The secretary of the department of transportation may coordinate an interagency board or other interested parties for the purpose of developing policies or guidelines that promote consistency among state agency commute trip reduction programs required by RCW
70.94.527 and
70.94.531 (as recodified by this act) or developed under the joint comprehensive commute trip reduction plan described in this section. The board shall include representatives of the departments of transportation, enterprise services, ecology, and commerce and such other departments and interested groups as the secretary of the department of transportation determines to be necessary. Policies and guidelines shall be applicable to all state agencies including but not limited to policies and guidelines regarding parking and parking charges, employee incentives for commuting by other than single-occupant automobiles, flexible and alternative work schedules, alternative worksites, and the use of state-owned vehicles for car and van pools and guaranteed rides home. The policies and guidelines shall also consider the costs and benefits to state agencies of achieving commute trip reductions and consider mechanisms for funding state agency commute trip reduction programs.
(2) State agencies sharing a common location in affected urban growth areas where the total number of state employees is one hundred or more shall, with assistance from the department of transportation, develop and implement a joint commute trip reduction program. The worksite must be treated as specified in RCW
70.94.531 and
70.94.534 (as recodified by this act).
(3) The department of transportation shall develop a joint comprehensive commute trip reduction plan for all state agencies, including institutions of higher education, located in the Olympia, Lacey, and Tumwater urban growth areas.
(a) In developing the joint comprehensive commute trip reduction plan, the department of transportation shall work with applicable state agencies, including institutions of higher education, and shall collaborate with the following entities: Local jurisdictions; regional transportation planning organizations as described in chapter
47.80 RCW; transit agencies, including regional transit authorities as described in chapter
81.112 RCW and transit agencies that serve areas within twenty-five miles of the Olympia, Lacey, or Tumwater urban growth areas; and the capitol campus design advisory committee established in RCW
43.34.080.
(b) The joint comprehensive commute trip reduction plan must build on existing commute trip reduction programs and policies. At a minimum, the joint comprehensive commute trip reduction plan must include strategies for telework and flexible work schedules, parking management, and consideration of the impacts of worksite location and design on multimodal transportation options.
(c) The joint comprehensive commute trip reduction plan must include performance measures and reporting methods and requirements.
(d) The joint comprehensive commute trip reduction plan may include strategies to accommodate differences in worksite size and location.
(e) The joint comprehensive commute trip reduction plan must be consistent with jurisdictional and regional transportation, land use, and commute trip reduction plans, the state six-year facilities plan, and the master plan for the capitol of the state of Washington.
(f) Not more than ninety days after the adoption of the joint comprehensive commute trip reduction plan, state agencies within the three urban growth areas must implement a commute trip reduction program consistent with the objectives and strategies of the joint comprehensive commute trip reduction plan.
(4) The department of transportation shall review the initial commute trip reduction program of each state agency subject to the commute trip reduction plan for state agencies to determine if the program is likely to meet the applicable commute trip reduction goals and notify the agency of any deficiencies. If it is found that the program is not likely to meet the applicable commute trip reduction goals, the department of transportation will work with the agency to modify the program as necessary.
(5) Each state agency implementing a commute trip reduction plan shall report at least once per year to its agency director on the performance of the agency's commute trip reduction program as part of the agency's quality management, accountability, and performance system as defined by RCW
43.17.385. The reports shall assess the performance of the program, progress toward state goals established under RCW
70.94.537 (as recodified by this act), and recommendations for improving the program.
(6) The department of transportation shall review the agency performance reports defined in subsection (5) of this section and submit a biennial report for state agencies subject to this chapter to the governor and incorporate the report in the commute trip reduction board report to the legislature as directed in RCW
70.94.537(6)
(as recodified by this act). The report shall include, but is not limited to, an evaluation of the most recent measurement results, progress toward state goals established under RCW
70.94.537 (as recodified by this act), and recommendations for improving the performance of state agency commute trip reduction programs. The information shall be reported in a form established by the commute trip reduction board.
Sec. 1132. RCW
70.94.640 and 2017 c 217 s 1 are each amended to read as follows:
(1) Odors or fugitive dust caused by agricultural activity consistent with good agricultural practices on agricultural land are exempt from the requirements of this chapter unless they have a substantial adverse effect on public health. In determining whether agricultural activity is consistent with good agricultural practices, the department of ecology or board of any authority shall consult with a recognized third-party expert in the activity prior to issuing any notice of violation.
(2) Any notice of violation issued under this chapter pertaining to odors or fugitive dust caused by agricultural activity shall include a detailed statement with evidence as to why the activity is inconsistent with good agricultural practices, or a detailed statement with evidence that the odors or fugitive dust have substantial adverse effect on public health.
(3) In any appeal to the pollution control hearings board or any judicial appeal, the agency issuing a final order pertaining to odors or fugitive dust caused by agricultural activity shall prove the activity is inconsistent with good agricultural practices or that the odors or fugitive dust have a substantial adverse impact on public health.
(4) If a person engaged in agricultural activity on a contiguous piece of agricultural land sells or has sold a portion of that land for residential purposes, the exemption of this section shall not apply.
(5) As used in this section:
(a) "Agricultural activity" means the growing, raising, or production of horticultural or viticultural crops, berries, poultry, livestock, shellfish, grain, mint, hay, and dairy products. "Agricultural activity" also includes the growing, raising, or production of cattle at cattle feedlots.
(b) "Good agricultural practices" means economically feasible practices which are customary among or appropriate to farms and ranches of a similar nature in the local area and for cattle feedlots means implementing best management practices pursuant to a fugitive dust control plan that conforms to the fugitive dust control guidelines for beef cattle feedlots, best management practices, and plan development and approval procedures that were approved by the department of ecology in December 1995 or in updates to those guidelines that are mutually agreed to by the department of ecology and by the Washington cattle feeders association or a successor organization on behalf of cattle feedlots.
(c) "Agricultural land" means at least five acres of land devoted primarily to the commercial production of livestock, agricultural commodities, or cultured aquatic products.
(d) "Fugitive dust" means a particulate emission made airborne by human activity, forces of wind, or both, and which do not pass through a stack, chimney, vent, or other functionally equivalent opening.
(6) The exemption for fugitive dust provided in subsection (1) of this section does not apply to facilities subject to RCW
70.94.151 as specified in WAC 173-400-100 as of July 24, 2005,
70.94.152, or
70.94.161 (as recodified by this act). The exemption for fugitive dust provided in subsection (1) of this section applies to cattle feedlots with operational facilities which have an inventory of one thousand or more cattle in operation between June 1st and October 1st, where vegetation forage growth is not sustained over the majority of the lot during the normal growing season; except that the cattle feedlots must comply with applicable requirements included in the approved state implementation plan for air quality as of July 23, 2017; and except if an area in which a cattle feedlot is located is at any time in the future designated nonattainment for a national ambient air quality standard for particulate matter, additional control measures may be required for cattle feedlots as part of a state implementation plan's control strategy for that area and as necessary to ensure the area returns to attainment.
Sec. 1133. RCW
70.94.6512 and 2009 c 118 s 102 are each amended to read as follows:
Except as provided in RCW
70.94.6546 (as recodified by this act), no person shall cause or allow any outdoor fire:
(1) Containing garbage, dead animals, asphalt, petroleum products, paints, rubber products, plastics, or any substance other than natural vegetation that normally emits dense smoke or obnoxious odors. Agricultural heating devices that otherwise meet the requirements of this chapter shall not be considered outdoor fires under this section;
(2) During a forecast, alert, warning or emergency condition as defined in RCW
70.94.715 (as recodified by this act) or impaired air quality condition as defined in RCW
70.94.473 (as recodified by this act).
Sec. 1134. RCW
70.94.6514 and 2019 c 305 s 3 are each amended to read as follows:
(1) Consistent with the policy of the state to reduce outdoor burning to the greatest extent practical, outdoor burning shall not be allowed in:
(a) Any area of the state where federal or state ambient air quality standards are exceeded for pollutants emitted by outdoor burning; or
(b) Any urban growth area as defined by RCW
36.70A.030, or any city of the state having a population greater than ten thousand people if such cities are threatened to exceed state or federal air quality standards, and alternative disposal practices consistent with good solid waste management are reasonably available or practices eliminating production of organic refuse are reasonably available.
(2) Notwithstanding any other provision of this section, outdoor burning may be allowed for the exclusive purpose of managing storm or flood-related debris. The decision to allow burning shall be made by the entity with permitting jurisdiction as determined under RCW
70.94.6534 or
70.94.6518 (as recodified by this act). If outdoor burning is allowed in areas subject to subsection (1)(a) or (b) of this section, a permit shall be required, and a fee may be collected to cover the expenses of administering and enforcing the permit. All conditions and restrictions pursuant to RCW
70.94.6526(1) and
70.94.6512 (as recodified by this act) apply to outdoor burning allowed under this section.
(3)(a) Outdoor burning that is normal, necessary, and customary to ongoing agricultural activities, that is consistent with agricultural burning authorized under RCW
70.94.6528 and
70.94.6532 (as recodified by this act), is allowed within the urban growth area in accordance with RCW
70.94.6528(8)(a)
(as recodified by this act).
(b) Outdoor burning of cultivated orchard trees shall be allowed as an ongoing agricultural activity under this section in accordance with RCW
70.94.6528(8)(b)
(as recodified by this act).
(4) This section shall not apply to silvicultural burning used to improve or maintain fire dependent ecosystems for rare plants or animals within state, federal, and private natural area preserves, natural resource conservation areas, parks, and other wildlife areas.
(5) Notwithstanding any other provisions of this section, outdoor burning that reduces the risk of a wildfire, or is normal, necessary, and customary to ongoing silvicultural activities consistent with silvicultural burning authorized under RCW
70.94.6534(1)
(as recodified by this act), is allowed within the urban growth area in accordance with RCW
70.94.6534 (as recodified by this act). Before issuing a burn permit within the urban growth area for any burn that exceeds one hundred tons of material, the department of natural resources shall consult with department of ecology and condition the issuance and use of such permits to comply with air quality standards established by the department of ecology.
Sec. 1135. RCW
70.94.6516 and 1991 c 199 s 411 are each amended to read as follows:
In addition to any other powers granted to them by law, the fire protection agency, county, or conservation district issuing burning permits shall regulate or prohibit outdoor burning as necessary to prevent or abate the nuisances caused by such burning. No fire protection agency, county, or conservation district may issue a burning permit in an area where the department or local board has declared any stage of impaired air quality per RCW
70.94.473 (as recodified by this act) or any stage of an air pollution episode. All burning permits issued shall be subject to all applicable fee, permitting, penalty, and enforcement provisions of this chapter. The permitted burning shall not cause damage to public health or the environment.
Any entity issuing a permit under this section may charge a fee at the level necessary to recover the costs of administering and enforcing the permit program.
Sec. 1136. RCW
70.94.6518 and 2009 c 118 s 201 are each amended to read as follows:
Each activated air pollution control authority, and the department of ecology in those areas outside the jurisdictional boundaries of an activated air pollution control authority, shall establish, through regulations, ordinances, or policy, a program implementing the limited burning policy authorized by RCW
70.94.6514,
70.94.6518,
70.94.6520,
70.94.6522,
70.94.6524, and
70.94.6526 (as recodified by this act).
Sec. 1137. RCW
70.94.6520 and 2009 c 118 s 202 are each amended to read as follows:
Sec. 1138. RCW
70.94.6522 and 2009 c 118 s 203 are each amended to read as follows:
Nothing in RCW
70.94.6514,
70.94.6518,
70.94.6520,
70.94.6522,
70.94.6524, and
70.94.6526 (as recodified by this act) shall be construed as prohibiting a local air pollution control authority or the department of ecology in those areas outside the jurisdictional boundaries of an activated pollution control authority from allowing the burning of outdoor fires.
Sec. 1139. RCW
70.94.6524 and 2019 c 305 s 4 are each amended to read as follows:
(1) It shall be the responsibility and duty of the department of natural resources, department of ecology, department of agriculture, county fire marshals in consultation with fire districts, and local air pollution control authorities to establish, through regulations, ordinances, or policy, a limited burning permit program.
(2) The permit program shall apply to residential and land clearing burning in the following areas:
(a) In the nonurban areas of any county with an unincorporated population of greater than fifty thousand; and
(b) In any city and urban growth area that is not otherwise prohibited from burning pursuant to RCW
70.94.6514 (as recodified by this act).
(3) The permit program shall apply only to land clearing burning in the nonurban areas of any county with an unincorporated population of less than fifty thousand.
(4) The permit program may be limited to a general permit by rule, or by verbal, written, or electronic approval by the permitting entity.
(5) Notwithstanding any other provision of this section, neither a permit nor the payment of a fee shall be required for outdoor burning for the purpose of disposal of tumbleweeds blown by wind. Such burning shall not be conducted during an air pollution episode or any stage of impaired air quality declared under RCW
70.94.715 (as recodified by this act). This subsection (5) shall only apply within counties with a population less than two hundred fifty thousand.
(6) Burning shall be prohibited in an area when an alternate technology or method of disposing of the organic refuse is available, reasonably economical, and less harmful to the environment. It is the policy of this state to foster and encourage development of alternate methods or technology for disposing of or reducing the amount of organic refuse.
(7) Incidental agricultural burning must be allowed without applying for any permit and without the payment of any fee if:
(a) The burning is incidental to commercial agricultural activities;
(b) The operator notifies the local fire department within the area where the burning is to be conducted;
(c) The burning does not occur during an air pollution episode or any stage of impaired air quality declared under RCW
70.94.715 (as recodified by this act); and
(d) Only the following items are burned:
(i) Orchard prunings;
(ii) Organic debris along fence lines or irrigation or drainage ditches; or
(iii) Organic debris blown by wind.
(8) As used in this section, "nonurban areas" are unincorporated areas within a county that are not designated as urban growth areas under chapter
36.70A RCW.
(9) Nothing in this section shall require fire districts to enforce air quality requirements related to outdoor burning, unless the fire district enters into an agreement with the department of ecology, department of natural resources, a local air pollution control authority, or other appropriate entity to provide such enforcement.
Sec. 1140. RCW
70.94.6528 and 2010 c 70 s 1 are each amended to read as follows:
(1) Any person who proposes to set fires in the course of agricultural activities shall obtain a permit from an air pollution control authority, the department of ecology, or a local entity delegated permitting authority under RCW
70.94.6530 (as recodified by this act). General permit criteria of statewide applicability shall be established by the department, by rule, after consultation with the various air pollution control authorities.
(a) Permits shall be issued under this section based on seasonal operations or by individual operations, or both.
(b) Incidental agricultural burning consistent with provisions established in RCW
70.94.6524 (as recodified by this act) is allowed without applying for any permit and without the payment of any fee.
(2) The department of ecology, local air authorities, or a local entity with delegated permit authority shall:
(a) Condition all permits to ensure that the public interest in air, water, and land pollution and safety to life and property is fully considered;
(b) Condition all burning permits to minimize air pollution insofar as practical;
(c) Act upon, within seven days from the date an application is filed under this section, an application for a permit to set fires in the course of agricultural burning for controlling diseases, insects, weed abatement, or development of physiological conditions conducive to increased crop yield;
(d) Provide convenient methods for issuance and oversight of agricultural burning permits; and
(e) Work, through agreement, with counties and cities to provide convenient methods for granting permission for agricultural burning, including telephone, facsimile transmission, issuance from local city or county offices, or other methods.
(3) A local air authority administering the permit program under subsection (2) of this section shall not limit the number of days of allowable agricultural burning, but may consider the time of year, meteorological conditions, and other criteria specified in rules adopted by the department to implement subsection (2) of this section.
(4) In addition to following any other requirements established by the department to protect air quality pursuant to other laws, applicants for permits must show that the setting of fires as requested is the most reasonable procedure to follow in safeguarding life or property under all circumstances or is otherwise reasonably necessary to successfully carry out the enterprise in which the applicant is engaged, or both. Nothing in this section relieves the applicant from obtaining permits, licenses, or other approvals required by any other law.
(5) The department of ecology, the appropriate local air authority, or a local entity with delegated permitting authority pursuant to RCW
70.94.6530 (as recodified by this act) at the time the permit is issued shall assess and collect permit fees for burning under this section. All fees collected shall be deposited in the air pollution control account created in RCW
70.94.015 (as recodified by this act), except for that portion of the fee necessary to cover local costs of administering a permit issued under this section. Fees shall be set by rule by the permitting agency at the level determined by the task force created by subsection (6) of this section, but fees for field burning shall not exceed three dollars and seventy-five cents per acre to be burned, or in the case of pile burning shall not exceed one dollar per ton of material burned.
(6) An agricultural burning practices and research task force shall be established under the direction of the department. The task force shall be composed of a representative from the department who shall serve as chair; one representative of eastern Washington local air authorities; three representatives of the agricultural community from different agricultural pursuits; one representative of the department of agriculture; two representatives from universities or colleges knowledgeable in agricultural issues; one representative of the public health or medical community; and one representative of the conservation districts. The task force shall:
(a) Identify best management practices for reducing air contaminant emissions from agricultural activities and provide such information to the department and local air authorities;
(b) Determine the level of fees to be assessed by the permitting agency pursuant to subsection (5) of this section, based upon the level necessary to cover the costs of administering and enforcing the permit programs, to provide funds for research into alternative methods to reduce emissions from such burning, and to the extent possible be consistent with fees charged for such burning permits in neighboring states. The fee level shall provide, to the extent possible, for lesser fees for permittees who use best management practices to minimize air contaminant emissions;
(c) Identify research needs related to minimizing emissions from agricultural burning and alternatives to such burning; and
(d) Make recommendations to the department on priorities for spending funds provided through this chapter for research into alternative methods to reduce emissions from agricultural burning.
(7) Conservation districts and the Washington State University agricultural extension program in conjunction with the department shall develop public education material for the agricultural community identifying the health and environmental effects of agricultural outdoor burning and providing technical assistance in alternatives to agricultural outdoor burning.
(8)(a) Outdoor burning that is normal, necessary, and customary to ongoing agricultural activities, that is consistent with agricultural burning authorized under this section and RCW
70.94.6532 (as recodified by this act), is allowed within the urban growth area as described in RCW
70.94.6514 (as recodified by this act) if the burning is not conducted during air quality episodes, or where a determination of impaired air quality has been made as provided in RCW
70.94.473 (as recodified by this act), and the agricultural activities preceded the designation as an urban growth area.
(b) Outdoor burning of cultivated orchard trees, whether or not agricultural crops will be replanted on the land, shall be allowed as an ongoing agricultural activity under this section if a local horticultural pest and disease board formed under chapter
15.09 RCW, an extension office agent with Washington State University that has horticultural experience, or an entomologist employed by the department of agriculture, has determined in writing that burning is an appropriate method to prevent or control the spread of horticultural pests or diseases.
Sec. 1141. RCW
70.94.6530 and 2009 c 118 s 402 are each amended to read as follows:
Whenever an air pollution control authority, or the department of ecology for areas outside the jurisdictional boundaries of an activated air pollution control authority, shall find that any fire protection agency, county, or conservation district is capable of effectively administering the issuance and enforcement of permits for any or all of the kinds of burning identified in RCW
70.94.6528,
70.94.6546, and
70.94.6552 (as recodified by this act) and desirous of doing so, the authority or the department of ecology, as appropriate, may delegate powers necessary for the issuance or enforcement, or both, of permits for any or all of the kinds of burning to the fire protection agency, county, or conservation district. Such delegation may be withdrawn by the authority or the department of ecology upon finding that the fire protection agency, county, or conservation district is not effectively administering the permit program.
Sec. 1142. RCW
70.94.6532 and 2012 c 198 s 1 are each amended to read as follows:
It is hereby declared to be the policy of this state that strong efforts should be made to minimize adverse effects on air quality from the open burning of field and turf grasses grown for seed. To such end this section is intended to promote the development of economical and practical alternate agricultural practices to such burning, and to provide for interim regulation of such burning until practical alternates are found.
(1) The department shall approve of a study or studies for the exploration and identification of economical and practical alternate agricultural practices to the open burning of field and turf grasses grown for seed. Any study conducted pursuant to this section shall be conducted by Washington State University. The university may not charge more than eight percent for administrative overhead. Prior to the issuance of any permit for such burning under RCW
70.94.6528 (as recodified by this act), there shall be collected a fee not to exceed one dollar per acre of crop to be burned. Any such fees received by any authority shall be transferred to the department of ecology. The department of ecology shall deposit all such acreage fees in the general fund.
(2) The department shall allocate moneys annually for the support of any approved study or studies as provided for in subsection (1) of this section. The fee collected under subsection (1) of this section shall constitute the research portion of fees required under RCW
70.94.6528 (as recodified by this act) for open burning of grass grown for seed.
(3) Whenever on the basis of information available to it, the department after public hearings have been conducted wherein testimony will be received and considered from interested parties wishing to testify shall conclude that any procedure, program, technique, or device constitutes a practical alternate agricultural practice to the open burning of field or turf grasses grown for seed, the department shall, by order, certify approval of such alternate. Thereafter, in any case which any such approved alternate is reasonably available, the open burning of field and turf grasses grown for seed shall be disallowed and no permit shall issue therefor.
(4) Until approved alternates become available, the department or the authority may limit the number of acres on a pro rata basis among those affected for which permits to burn will be issued in order to effectively control emissions from this source.
(5) Permits issued for burning of field and turf grasses may be conditioned to minimize emissions insofar as practical, including denial of permission to burn during periods of adverse meteorological conditions.
(6) Every two years until grass seed burning is prohibited, Washington State University may prepare a brief report assessing the potential of the university's research to result in economical and practical alternatives to grass seed burning.
Sec. 1143. RCW
70.94.6534 and 2019 c 305 s 5 are each amended to read as follows:
(1) The department of natural resources is responsible for issuing and regulating burning permits required by it relating to the following activities for the protection of life or property and for the public health, safety, and welfare:
(a) Abating or prevention of a forest fire hazard;
(b) Reducing the risk of a wildfire under RCW
70.94.6514(5)
(as recodified by this act);
(c) Instruction of public officials in methods of forest firefighting;
(d) Any silvicultural operation to improve the forestlands of the state, including but not limited to forest health and resiliency, decreasing forest insect or disease susceptibility, maintaining or restoring native vegetation, or otherwise enhancing resiliency to fire; and
(e) Silvicultural burning used to improve or maintain fire dependent ecosystems for rare plants or animals within state, federal, and private natural area preserves, natural resource conservation areas, parks, and other wildlife areas.
(2) The department of natural resources shall not retain such authority, but it shall be the responsibility of the appropriate fire protection agency for permitting and regulating outdoor burning on lands where the department of natural resources does not have fire protection responsibility, except for the issuance of permits for reducing the risk of wildfire under RCW
70.94.6514(5)
(as recodified by this act). The department of natural resources may enter into cooperative agreements with local fire protection agencies to issue permits for reducing wildfire risk under RCW
70.94.6514(5)
(as recodified by this act).
(3) Permit fees shall be assessed for wildfire risk reduction and for silvicultural burning under the jurisdiction of the department of natural resources and collected by the department of natural resources as provided for in this section. All fees shall be deposited in the air pollution control account, created in RCW
70.94.015 (as recodified by this act). The legislature shall appropriate to the department of natural resources funds from the air pollution control account to enforce and administer the program under this section and RCW
70.94.6536,
70.94.6538, and
70.94.6540 (as recodified by this act). Fees shall be set by rule by the department of natural resources at the level necessary to cover the costs of the program after receiving recommendations on such fees from the public.
Sec. 1144. RCW
70.94.6538 and 2019 c 305 s 7 are each amended to read as follows:
The department of natural resources, in granting burning permits for fires for the purposes set forth in RCW
70.94.6534 (as recodified by this act), shall condition the issuance and use of such permits to comply to the extent feasible with air quality standards established by the department of ecology. Such burning shall not cause the state air quality standards to be exceeded in the ambient air up to two thousand feet above ground level over critical areas designated by the department of ecology, otherwise subject to air pollution from other sources. Air quality standards shall be established and published by the department of ecology which shall also establish a procedure for advising the department of natural resources when and where air contaminant levels exceed or threaten to exceed the ambient air standards over such critical areas. The air quality shall be quantitatively measured by the department of ecology or the appropriate local air pollution control authority at established monitoring stations over such designated areas. Further, such permitted burning shall not cause damage to public health or the environment. All permits issued under this section shall be subject to all applicable fees, permitting, penalty, and enforcement provisions of this chapter. The department of natural resources shall set forth smoke dispersal objectives designed consistent with this section to minimize any air pollution from such burning and the procedures necessary to meet those objectives.
The department of natural resources shall encourage more intense utilization in logging and alternative silviculture practices to reduce the need for burning. The department of natural resources shall, whenever practical, encourage landowners to develop and use alternative acceptable disposal methods subject to the following priorities: (1) Slash production minimization, (2) slash utilization, (3) nonburning disposal, (4) silvicultural burning. Such alternative methods shall be evaluated as to the relative impact on air, water, and land pollution, public health, and their financial feasibility.
The department of natural resources shall not issue burning permits and shall revoke previously issued permits at any time in any area where the department of ecology or local board has declared a stage of impaired air quality as defined in RCW
70.94.473 (as recodified by this act).
Sec. 1145. RCW
70.94.6540 and 2009 c 118 s 503 are each amended to read as follows:
In the regulation of outdoor burning not included in RCW
70.94.6534 (as recodified by this act) requiring permits from the department of natural resources, said department and the state, local, or regional air pollution control authorities will cooperate in regulating such burning so as to minimize insofar as possible duplicate inspections and separate permits while still accomplishing the objectives and responsibilities of the respective agencies. The department of natural resources shall include any local authority's burning regulations with permits issued where applicable pursuant to RCW
70.94.6512,
70.94.6514,
70.94.6518,
70.94.6520,
70.94.6522,
70.94.6524, and
70.94.6526 (as recodified by this act). The department shall develop agreements with all local authorities to coordinate regulations.
Permits shall be withheld by the department of natural resources when so requested by the department of ecology if a forecast, alert, warning, or emergency condition exists as defined in the episode criteria of the department of ecology.
Sec. 1146. RCW
70.94.6542 and 2009 c 118 s 504 are each amended to read as follows:
Sec. 1147. RCW
70.94.6546 and 2009 c 118 s 601 are each amended to read as follows:
(1) Aircraft crash rescue fire training activities meeting the following conditions do not require a permit under this section, or under RCW
70.94.6512,
70.94.6514,
70.94.6516,
70.94.6518,
70.94.6520,
70.94.6522,
70.94.6524, and
70.94.6526 (as recodified by this act), from an air pollution control authority, the department, or any local entity with delegated permit authority:
(a) Firefighters participating in the training fires must be limited to those who provide firefighting support to an airport that is either certified by the federal aviation administration or operated in support of military or governmental activities;
(b) The fire training may not be conducted during an air pollution episode or any stage of impaired air quality declared under RCW
70.94.715 (as recodified by this act) for the area where training is to be conducted;
(c) The number of training fires allowed per year without a permit shall be the minimum number necessary to meet federal aviation administration or other federal safety requirements;
(d) The facility shall use current technology and be operated in a manner that will minimize, to the extent possible, the air contaminants generated during operation; and
(e) The organization conducting training shall notify both the: (i) Local fire district or fire department; and (ii) air pollution control authority, department of ecology, or local entity delegated permitting authority under RCW
70.94.6530 (as recodified by this act), having jurisdiction within the area where training is to be conducted before the commencement of aircraft fire training. Written approval from the department or a local air pollution control authority shall be obtained prior to the initial operation of aircraft crash rescue fire training. Such approval will be granted to fire training activities meeting the conditions in this subsection.
(3) Training to fight structural fires located outside urban growth areas in counties that plan under the requirements of RCW
36.70A.040 and outside of any city with a population of ten thousand or more in all other counties does not need a permit under this section from an air pollution control authority or the department of ecology, but must be conducted in accordance with RCW
52.12.150.
(4) Training to fight forest fires does not require a permit from an air pollution control authority or the department of ecology.
(5) To provide for firefighting instruction in instances not governed by subsections (1) through (3) of this section, or other actions to protect public health and safety, the department or a local air pollution control authority may issue permits that allow limited burning of prohibited materials listed in RCW
70.94.6512(1)
(as recodified by this act).
Sec. 1148. RCW
70.94.6548 and 2009 c 118 s 701 are each amended to read as follows:
Consistent with RCW
70.94.6514 (as recodified by this act), outdoor burning may be allowed anywhere in the state for the exclusive purpose of managing storm or flood-related debris.
Sec. 1149. RCW
70.94.6552 and 2009 c 118 s 704 are each amended to read as follows:
Any person who proposes to set fires in the course of weed abatement shall obtain a permit from an air pollution control authority, the department of ecology, or a local entity delegated permitting authority under RCW
70.94.6530 (as recodified by this act). General permit criteria of statewide applicability shall be established by the department, by rule, after consultation with the various air pollution control authorities. Permits shall be issued under this section based on seasonal operations or by individual operations, or both. All permits shall be conditioned to insure that the public interest in air, water, and land pollution and safety to life and property is fully considered. In addition to any other requirements established by the department to protect air quality pursuant to other laws, applicants for permits must show that the setting of fires as requested is the most reasonable procedure to follow in safeguarding life or property under all circumstances or is otherwise reasonably necessary to successfully carry out the enterprise in which the applicant is engaged, or both. All burning permits will be designed to minimize air pollution insofar as practical. Nothing in this section relieves the applicant from obtaining permits, licenses, or other approvals required by any other law. An application for a permit to set fires in the course of weed abatement shall be acted upon within seven days from the date such application is filed.
Sec. 1150. RCW
70.94.6554 and 2009 c 118 s 705 are each amended to read as follows:
Consistent with RCW
70.94.6524 (as recodified by this act), neither a permit nor the payment of a fee shall be required for outdoor burning for the purpose of disposal of tumbleweeds blown by wind. Such burning shall not be conducted during an air pollution episode or any stage of impaired air quality declared under RCW
70.94.715 (as recodified by this act). This section shall only apply within counties with a population less than two hundred fifty thousand.
Sec. 1151. RCW
70.94.6556 and 2018 c 147 s 1 are each amended to read as follows:
(1) A city or town that is located partially inside a quarantine area for apple maggot
(Rhagoletis pomonella) established by the Washington state department of agriculture may apply for a permit pursuant to RCW
70.94.6528 (as recodified by this act) for the burning of brush and yard waste generated within the city or town, provided that the city or town satisfies the following requirements:
(a) Burning must be conducted by city or town employees, by contractors under the supervision of city or town employees, or by the city or town fire department or other local fire officials;
(b) Burning must be conducted under the supervision of the city or town fire department or other local fire officials and in consultation with the department of agriculture and the department of ecology or an air pollution control authority, as applicable;
(c) Burning must not be conducted more than four times per calendar year; and
(d) The city or town must issue a media advisory announcing any burning conducted under this section prior to engaging in any such burning.
(2) The department and the department of agriculture are directed to submit to the appropriate policy committees of the legislature no later than November 1, 2018, a report that addresses the available options for the processing and disposal of municipal yard waste generated in areas subject to the apple maggot quarantine, including:
(a) Techniques that neutralize any apple maggot larvae that may be contained within such yard waste;
(b) Identification of facilities that are capable of receiving such yard waste;
(c) Alternatives to outdoor burning, such as composting, chipping, biochar production, and biomass electrical generation; and
(d) A comparison of the costs of such alternatives.
(3) This section expires July 1, 2020.
Sec. 1152. RCW
70.94.715 and 2012 c 117 s 409 are each amended to read as follows:
The department of ecology is hereby authorized to develop an episode avoidance plan providing for the phased reduction of emissions wherever and whenever an air pollution episode is forecast. Such an episode avoidance plan shall conform with any applicable federal standards and shall be effective statewide. The episode avoidance plan may be implemented on an area basis in accordance with the occurrence of air pollution episodes in any given area.
The department of ecology may delegate authority to adopt source emission reduction plans and authority to implement all stages of occurrence up to and including the warning stage, and all intermediate stages up to the warning stage, in any area of the state, to the air pollution control authority with jurisdiction therein.
The episode avoidance plan, which shall be established by regulation in accordance with chapter
34.05 RCW, shall include, but not be limited to, the following:
(1) The designation of episode criteria and stages, the occurrence of which will require the carrying out of preplanned episode avoidance procedures. The stages of occurrence shall be (a) forecast, (b) alert, (c) warning, (d) emergency, and such intermediate stages as the department shall designate. "Forecast" means the presence of meteorological conditions that are conducive to accumulation of air contaminants and is the first stage of an episode. The department shall not call a forecast episode prior to the department or an authority calling a first stage impaired air quality condition as provided by RCW
70.94.473(1)(b)
(as recodified by this act) or calling a single-stage impaired air quality condition as provided by RCW
70.94.473((
(2)))
(as recodified by this act). "Alert" means concentration of air contaminants at levels at which short-term health effects may occur, and is the second stage of an episode. "Warning" means concentrations are continuing to degrade, contaminant concentrations have reached a level which, if maintained, can result in damage to health, and additional control actions are needed and is the third level of an episode. "Emergency" means the air quality is posing an imminent and substantial endangerment to public health and is the fourth level of an episode;
(2) The requirement that persons responsible for the operation of air contaminant sources prepare and obtain approval from the director of source emission reduction plans, consistent with good operating practice and safe operating procedures, for reducing emissions during designated episode stages;
(3) Provision for the director of the department of ecology or his or her authorized representative, or the air pollution control officer if implementation has been delegated, on the satisfaction of applicable criteria, to declare and terminate the forecast, alert, warning and all intermediate stages, up to the warning episode stage, such declarations constituting orders for action in accordance with applicable source emission reduction plans;
(4) Provision for the governor to declare and terminate the emergency stage and all intermediate stages above the warning episode stage, such declarations constituting orders in accordance with applicable source emission reduction plans;
(5) Provisions for enforcement by state and local police, personnel of the departments of ecology and social and health services, and personnel of local air pollution control agencies; and
(6) Provisions for reduction or discontinuance of emissions immediately, consistent with good operating practice and safe operating procedures, under an air pollution emergency as provided in RCW
70.94.720 (as recodified by this act).
Source emission reduction plans shall be considered orders of the department and shall be subject to appeal to the pollution control hearings board according to the procedure in chapter
43.21B RCW.
Sec. 1153. RCW
70.94.725 and 1971 ex.s. c 194 s 4 are each amended to read as follows:
Whenever any order has been issued pursuant to RCW
70.94.710 through
70.94.730 (as recodified by this act), the attorney general, upon request from the governor, the director of the department of ecology, an authorized representative of either, or the attorney for a local air pollution control authority upon request of the control officer, shall petition the superior court of the county in which is located the air contaminant source for which such order was issued for a temporary restraining order requiring the immediate reduction or discontinuance of emissions from such source.
Upon request of the party to whom a temporary restraining order is directed, the court shall schedule a hearing thereon at its earliest convenience, at which time the court may withdraw the restraining order or grant such temporary injunction as is reasonably necessary to prevent injury to the public health or safety.
Sec. 1154. RCW
70.94.730 and 1971 ex.s. c 194 s 5 are each amended to read as follows:
Orders issued to declare any stage of an air pollution episode avoidance plan under RCW
70.94.715 (as recodified by this act), and to declare an air pollution emergency, under RCW
70.94.720 (as recodified by this act), and orders to persons responsible for the operation of an air contaminant source to reduce or discontinue emissions, according to RCW
70.94.715 and
70.94.720 (as recodified by this act) shall be effective immediately and shall not be stayed pending completion of review.
Sec. 1155. RCW
70.94.785 and 1973 1st ex.s. c 193 s 11 are each amended to read as follows:
Notwithstanding any provision of the law to the contrary, except RCW ((
70.94.660 through 70.94.690))
70.94.6534 through 70.94.6540 (as recodified by this act), the department of ecology, upon its approval of any plan (or part thereof) required or permitted under the federal clean air act, shall have the authority to enforce all regulatory provisions within such plan (or part thereof): PROVIDED, That departmental enforcement of any such provision which is within the power of an activated authority to enforce shall be initiated only, when with respect to any source, the authority is not enforcing the provisions and then only after written notice is given the authority.
Sec. 1156. RCW
70.94.805 and 1985 c 456 s 2 are each amended to read as follows:
As used in RCW
70.94.800 through ((
70.94.825))
70.94.820 (as recodified by this act), the following terms have the following meanings.
(1) "Acid deposition" means wet or dry deposition from the atmosphere of chemical compounds with a pH of less than 5.6.
(2) "Critical level of acid deposition and lake, stream, and soil acidification" means the level at which irreparable damage may occur unless corrective action is taken.
Sec. 1157. RCW
70.94.850 and 1984 c 164 s 1 are each amended to read as follows:
The department of ecology and the local boards may implement an emission credits banking program. For the purposes of this section, an emission credits banking program means a program whereby an air contaminant source which reduces emissions of a given air contaminant by an amount greater than that required by applicable law, regulation, or order is granted credit for a given amount, which credit shall be administered by a credit bank operated by the appropriate agency. The amount of the credit shall be determined by the department or local board with jurisdiction, but it shall be less than the amount of the emissions reduction. The credit may be used, traded, sold, or otherwise expended for purposes established by regulation of state or local agencies consistent with the provisions of the prevention of significant deterioration program under RCW
70.94.860 (as recodified by this act), the bubble program under RCW
70.94.155 (as recodified by this act), and the new source review program under RCW
70.94.152 (as recodified by this act), if there will be no net adverse impact on air quality.
Sec. 1158. RCW
70.94.892 and 2004 c 224 s 8 are each amended to read as follows:
(1) For fossil-fueled electric generation facilities having more than twenty-five thousand kilowatts station generating capability but less than three hundred fifty thousand kilowatts station generation capability, except for fossil-fueled floating thermal electric generation facilities under the jurisdiction of the energy facility site evaluation council pursuant to RCW
80.50.010, the department or authority shall implement a carbon dioxide mitigation program consistent with the requirements of chapter
80.70 RCW.
(2) For mitigation projects conducted directly by or under the control of the applicant, the department or local air authority shall approve or deny the mitigation plans, as part of its action to approve or deny an application submitted under RCW
70.94.152 (as recodified by this act) based upon whether or not the mitigation plan is consistent with the requirements of chapter
80.70 RCW.
(3) The department or authority may determine, assess, and collect fees sufficient to cover the costs to review and approve or deny the carbon dioxide mitigation plan components of an order of approval issued under RCW
70.94.152 (as recodified by this act). The department or authority may also collect fees sufficient to cover its additional costs to monitor conformance with the carbon dioxide mitigation plan components of the registration and air operating permit programs authorized in RCW
70.94.151 and
70.94.161 (as recodified by this act). The department or authority shall track its costs related to review, approval, and monitoring conformance with carbon dioxide mitigation plans.
Sec. 1159. RCW
70.94.960 and 1996 c 186 s 517 are each amended to read as follows:
The department may disburse matching grants from funds provided by the legislature from the air pollution control account, created in RCW
70.94.015 (as recodified by this act), to units of local government to partially offset the additional cost of purchasing "clean fuel" and/or operating "clean-fuel vehicles" provided that such vehicles are used for public transit. Publicly owned school buses are considered public transit for the purposes of this section. The department may also disburse grants to vocational-technical institutes for the purpose of establishing programs to certify clean-fuel vehicle mechanics. The department may also distribute grants to Washington State University for the purpose of furthering the establishment of clean fuel refueling infrastructure.
Sec. 1160. RCW
70.94.990 and 1991 c 199 s 604 are each amended to read as follows:
The department shall adopt rules to implement RCW
70.94.970 and
70.94.980 (as recodified by this act). Rules shall include but not be limited to minimum performance specifications for refrigerant extraction equipment, as well as procedures for enforcing RCW
70.94.970 and
70.94.980 (as recodified by this act).
Enforcement provisions adopted by the department shall not include penalties or fines in areas where equipment to collect or recycle regulated refrigerants is not readily available.
Sec. 1161. RCW
70.95.030 and 2010 1st sp.s. c 7 s 86 are each amended to read as follows:
As used in this chapter, unless the context indicates otherwise:
(1) "City" means every incorporated city and town.
(2) "Commission" means the utilities and transportation commission.
(3) "Composted material" means organic solid waste that has been subjected to controlled aerobic degradation at a solid waste facility in compliance with the requirements of this chapter. Natural decay of organic solid waste under uncontrolled conditions does not result in composted material.
(4) "Department" means the department of ecology.
(5) "Director" means the director of the department of ecology.
(6) "Disposal site" means the location where any final treatment, utilization, processing, or deposit of solid waste occurs.
(7) "Energy recovery" means a process operating under federal and state environmental laws and regulations for converting solid waste into usable energy and for reducing the volume of solid waste.
(8) "Functional standards" means criteria for solid waste handling expressed in terms of expected performance or solid waste handling functions.
(9) "Incineration" means a process of reducing the volume of solid waste operating under federal and state environmental laws and regulations by use of an enclosed device using controlled flame combustion.
(10) "Inert waste landfill" means a landfill that receives only inert waste, as determined under RCW
70.95.065 (as recodified by this act), and includes facilities that use inert wastes as a component of fill.
(11) "Jurisdictional health department" means city, county, city-county, or district public health department.
(12) "Landfill" means a disposal facility or part of a facility at which solid waste is placed in or on land and which is not a land treatment facility.
(13) "Local government" means a city, town, or county.
(14) "Modify" means to substantially change the design or operational plans including, but not limited to, removal of a design element previously set forth in a permit application or the addition of a disposal or processing activity that is not approved in the permit.
(15) "Multiple-family residence" means any structure housing two or more dwelling units.
(16) "Person" means individual, firm, association, copartnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever.
(17) "Recyclable materials" means those solid wastes that are separated for recycling or reuse, such as papers, metals, and glass, that are identified as recyclable material pursuant to a local comprehensive solid waste plan. Prior to the adoption of the local comprehensive solid waste plan, adopted pursuant to RCW
70.95.110(2)
(as recodified by this act), local governments may identify recyclable materials by ordinance from July 23, 1989.
(18) "Recycling" means transforming or remanufacturing waste materials into usable or marketable materials for use other than landfill disposal or incineration.
(19) "Residence" means the regular dwelling place of an individual or individuals.
(20) "Sewage sludge" means a semisolid substance consisting of settled sewage solids combined with varying amounts of water and dissolved materials, generated from a wastewater treatment system, that does not meet the requirements of chapter
70.95J RCW
(as recodified by this act).
(21) "Soil amendment" means any substance that is intended to improve the physical characteristics of the soil, except composted material, commercial fertilizers, agricultural liming agents, unmanipulated animal manures, unmanipulated vegetable manures, food wastes, food processing wastes, and materials exempted by rule of the department, such as biosolids as defined in chapter
70.95J RCW
(as recodified by this act) and wastewater as regulated in chapter
90.48 RCW.
(22) "Solid waste" or "wastes" means all putrescible and nonputrescible solid and semisolid wastes including, but not limited to, garbage, rubbish, ashes, industrial wastes, swill, sewage sludge, demolition and construction wastes, abandoned vehicles or parts thereof, and recyclable materials.
(23) "Solid waste handling" means the management, storage, collection, transportation, treatment, utilization, processing, and final disposal of solid wastes, including the recovery and recycling of materials from solid wastes, the recovery of energy resources from solid wastes or the conversion of the energy in solid wastes to more useful forms or combinations thereof.
(24) "Source separation" means the separation of different kinds of solid waste at the place where the waste originates.
(25) "Vehicle" includes every device physically capable of being moved upon a public or private highway, road, street, or watercourse and in, upon, or by which any person or property is or may be transported or drawn upon a public or private highway, road, street, or watercourse, except devices moved by human or animal power or used exclusively upon stationary rails or tracks.
(26) "Waste-derived soil amendment" means any soil amendment as defined in this chapter that is derived from solid waste as defined in this section, but does not include biosolids or biosolids products regulated under chapter
70.95J RCW
(as recodified by this act) or wastewaters regulated under chapter
90.48 RCW.
(27) "Waste reduction" means reducing the amount or toxicity of waste generated or reusing materials.
(28) "Yard debris" means plant material commonly created in the course of maintaining yards and gardens, and through horticulture, gardening, landscaping, or similar activities. Yard debris includes but is not limited to grass clippings, leaves, branches, brush, weeds, flowers, roots, windfall fruit, vegetable garden debris, holiday trees, and tree prunings four inches or less in diameter.
Sec. 1162. RCW
70.95.065 and 2004 c 101 s 2 are each amended to read as follows:
(1) The department shall, as part of the minimum functional standards for solid waste handling required under RCW
70.95.060 (as recodified by this act), develop specific criteria for the types of solid wastes that are allowed to be received by inert waste landfills that seek to continue operation after February 10, 2003.
(2) The criteria for inert waste developed under this section must, at a minimum, contain a list of substances that an inert waste landfill located in a county with fewer than forty-five thousand residents is permitted to receive if it was operational before February 10, 2003, and is located at a site with a five-year annual rainfall of twenty-five inches or less. The substances permitted for the inert waste landfills satisfying the criteria listed in this subsection must include the following types of solid waste if the waste has not been tainted, through exposure from chemical, physical, biological, or radiological substances, such that it presents a threat to human health or the environment greater than that inherent to the material:
(a) Cured concrete, including any embedded steel reinforcing and wood;
(b) Asphaltic materials, including road construction asphalt;
(c) Brick and masonry;
(d) Ceramic materials produced from fired clay or porcelain;
(e) Glass;
(f) Stainless steel and aluminum; and
(g) Other materials as defined in chapter 173-350 WAC.
(3) The department shall work with the owner or operators of landfills that do not meet the minimum functional standards for inert waste landfills to explore and implement appropriate means of transition into a limited purpose landfill that is able to accept additional materials as specified in WAC 173-350-400.
Sec. 1163. RCW
70.95.090 and 2019 c 255 s 4 and 2019 c 166 s 6 are each reenacted and amended to read as follows:
Each county and city comprehensive solid waste management plan shall include the following:
(1) A detailed inventory and description of all existing solid waste handling facilities including an inventory of any deficiencies in meeting current solid waste handling needs.
(2) The estimated long-range needs for solid waste handling facilities projected twenty years into the future.
(3) A program for the orderly development of solid waste handling facilities in a manner consistent with the plans for the entire county which shall:
(a) Meet the minimum functional standards for solid waste handling adopted by the department and all laws and regulations relating to air and water pollution, fire prevention, flood control, and protection of public health;
(b) Take into account the comprehensive land use plan of each jurisdiction;
(c) Contain a six year construction and capital acquisition program for solid waste handling facilities; and
(d) Contain a plan for financing both capital costs and operational expenditures of the proposed solid waste management system.
(4) A program for surveillance and control.
(5) A current inventory and description of solid waste collection needs and operations within each respective jurisdiction which shall include:
(a) Any franchise for solid waste collection granted by the utilities and transportation commission in the respective jurisdictions including the name of the holder of the franchise and the address of his or her place of business and the area covered by the franchise;
(b) Any city solid waste operation within the county and the boundaries of such operation;
(c) The population density of each area serviced by a city operation or by a franchised operation within the respective jurisdictions;
(d) The projected solid waste collection needs for the respective jurisdictions for the next six years.
(6) A comprehensive waste reduction and recycling element that, in accordance with the priorities established in RCW
70.95.010 (as recodified by this act), provides programs that (a) reduce the amount of waste generated, (b) provide incentives and mechanisms for source separation, and (c) establish recycling opportunities for the source separated waste.
(7) The waste reduction and recycling element shall include the following:
(a) Waste reduction strategies, which may include strategies to reduce wasted food and food waste that are designed to achieve the goals established in RCW
70.95.815(1)
(as recodified by this act) and that are consistent with the plan developed in RCW
70.95.815(3)
(as recodified by this act);
(b) Source separation strategies, including:
(i) Programs for the collection of source separated materials from residences in urban and rural areas. In urban areas, these programs shall include collection of source separated recyclable materials from single and multiple-family residences, unless the department approves an alternative program, according to the criteria in the planning guidelines. Such criteria shall include: Anticipated recovery rates and levels of public participation, availability of environmentally sound disposal capacity, access to markets for recyclable materials, unreasonable cost impacts on the ratepayer over the six-year planning period, utilization of environmentally sound waste reduction and recycling technologies, and other factors as appropriate. In rural areas, these programs shall include but not be limited to drop-off boxes, buy-back centers, or a combination of both, at each solid waste transfer, processing, or disposal site, or at locations convenient to the residents of the county. The drop-off boxes and buy-back centers may be owned or operated by public, nonprofit, or private persons;
(ii) Programs to monitor the collection of source separated waste at nonresidential sites where there is sufficient density to sustain a program;
(iii) Programs to collect yard waste and food waste, if the county or city submitting the plan finds that there are adequate markets or capacity for composted yard waste and food waste within or near the service area to consume the majority of the material collected; and
(iv) Programs to educate and promote the concepts of waste reduction and recycling;
(c) Recycling strategies, including a description of markets for recyclables, a review of waste generation trends, a description of waste composition, a discussion and description of existing programs and any additional programs needed to assist public and private sector recycling, and an implementation schedule for the designation of specific materials to be collected for recycling, and for the provision of recycling collection services;
(d) Other information the county or city submitting the plan determines is necessary.
(8) An assessment of the plan's impact on the costs of solid waste collection. The assessment shall be prepared in conformance with guidelines established by the utilities and transportation commission. The commission shall cooperate with the Washington state association of counties and the association of Washington cities in establishing such guidelines.
(9) A review of potential areas that meet the criteria as outlined in RCW
70.95.165 (as recodified by this act).
(10) A contamination reduction and outreach plan. The contamination reduction and outreach plan must address reducing contamination in recycling. Except for counties with a population of twenty-five thousand or fewer, by July 1, 2021, a contamination reduction and outreach plan must be included in each solid waste management plan by a plan amendment or included when revising or updating a solid waste management plan developed under this chapter. Jurisdictions may adopt the state's contamination reduction and outreach plan as developed under RCW
70.95.100 (as recodified by this act) in lieu of creating their own plan. A recycling contamination reduction and outreach plan must include the following:
(a) A list of actions for reducing contamination in recycling programs for single-family and multiple-family residences, commercial locations, and drop boxes depending on the jurisdictions system components;
(b) A list of key contaminants identified by the jurisdiction or identified by the department;
(c) A discussion of problem contaminants and the contaminants' impact on the collection system;
(d) An analysis of the costs and other impacts associated with contaminants to the recycling system; and
(e) An implementation schedule and details of how outreach is to be conducted. Contamination reduction education methods may include sharing community-wide messaging through newsletters, articles, mailers, social media, web sites, or community events, informing recycling drop box customers about contamination, and improving signage.
Sec. 1164. RCW
70.95.092 and 1989 c 431 s 4 are each amended to read as follows:
Levels of service shall be defined in the waste reduction and recycling element of each local comprehensive solid waste management plan and shall include the services set forth in RCW
70.95.090 (as recodified by this act). In determining which service level is provided to residential and nonresidential waste generators in each community, counties and cities shall develop clear criteria for designating areas as urban or rural. In designating urban areas, local governments shall consider the planning guidelines adopted by the department, total population, population density, and any applicable land use or utility service plans.
Sec. 1165. RCW
70.95.095 and 2016 c 119 s 3 are each amended to read as follows:
Upon receipt by the department of a preliminary draft plan as provided in RCW
70.95.094 (as recodified by this act), the department shall immediately provide a copy of the preliminary draft plan to the department of agriculture. Within forty-five days after receiving the preliminary draft plan, the department of agriculture shall review the preliminary draft plan for compliance with chapter
17.24 RCW and the rules adopted under that chapter. The department of agriculture shall advise the local government submitting the preliminary draft plan and the department of the result of the review.
Sec. 1166. RCW
70.95.100 and 2019 c 166 s 7 are each amended to read as follows:
(1) The department or the commission, as appropriate, shall provide to counties and cities technical assistance including, but not limited to, planning guidelines, in the preparation, review, and revision of solid waste management plans required by this chapter. Guidelines prepared under this section shall be consistent with the provisions of this chapter. Guidelines for the preparation of the waste reduction and recycling element of the comprehensive solid waste management plan shall be completed by the department by March 15, 1990. These guidelines shall provide recommendations to local government on materials to be considered for designation as recyclable materials. The state solid waste management plan prepared pursuant to RCW
70.95.260 (as recodified by this act) shall be consistent with these guidelines.
(2) The department shall be responsible for development and implementation of a comprehensive statewide public information program designed to encourage waste reduction, source separation, and recycling by the public. The department shall operate a toll free hotline to provide the public information on waste reduction and recycling.
(3) The department shall provide technical assistance to local governments in the development and dissemination of informational materials and related activities to assure recognition of unique local waste reduction and recycling programs.
(4)(a) The department must create and implement a statewide recycling contamination reduction and outreach plan based on best management practices for recycling, developed with stakeholder input by July 1, 2020. Jurisdictions may use the statewide plan in lieu of developing their own plan.
(b) The department must provide technical assistance and create guidance to help local jurisdictions determine the extent of contamination in their regional recycling and to develop contamination reduction and outreach plans. Contamination means any material not included on the local jurisdiction's acceptance list.
(c) Contamination reduction education methods may include sharing community-wide messaging through newsletters, articles, mailers, social media, web sites, or community events, informing recycling drop box customers about contamination, and improving signage.
(d) The department must cite the sources of information that it relied upon, including any peer-reviewed science, in the development of the best management practices for recycling under (a) of this subsection and the guidance developed under (b) of this subsection.
(5) Local governments shall make all materials and information developed with the assistance grants provided under RCW
70.95.130 (as recodified by this act) available to the department for potential use in other areas of the state.
Sec. 1167. RCW
70.95.110 and 1991 c 298 s 4 are each amended to read as follows:
(1) The comprehensive county solid waste management plans and any comprehensive city solid waste management plans prepared in accordance with RCW
70.95.080 (as recodified by this act) shall be maintained in a current condition and reviewed and revised periodically by counties and cities as may be required by the department. Upon each review such plans shall be extended to show long-range needs for solid waste handling facilities for twenty years in the future, and a revised construction and capital acquisition program for six years in the future. Each revised solid waste management plan shall be submitted to the department.
Each plan shall be reviewed and revised within five years of July 1, 1984, and thereafter shall be reviewed, and revised if necessary according to the schedule provided in subsection (2) of this section.
(2) Cities and counties preparing solid waste management plans shall submit the waste reduction and recycling element required in RCW
70.95.090 (as recodified by this act) and any revisions to other elements of its comprehensive solid waste management plan to the department no later than:
(a) July 1, 1991, for class one areas: PROVIDED, That portions relating to multiple-family residences shall be submitted no later than July 1, 1992;
(b) July 1, 1992, for class two areas; and
(c) July 1, 1994, for class three areas.
Thereafter, each plan shall be reviewed and revised, if necessary, at least every five years. Nothing in chapter 431, Laws of 1989 shall prohibit local governments from submitting a plan prior to the dates listed in this subsection.
(3) The classes of areas are defined as follows:
(a) Class one areas are the counties of Spokane, Snohomish, King, Pierce, and Kitsap and all the cities therein.
(b) Class two areas are all other counties located west of the crest of the Cascade mountains and all the cities therein.
(c) Class three areas are the counties east of the crest of the Cascade mountains and all the cities therein, except for Spokane county.
(4) Cities and counties shall begin implementing the programs to collect source separated materials no later than one year following the adoption and approval of the waste reduction and recycling element and these programs shall be fully implemented within two years of approval.
Sec. 1168. RCW
70.95.130 and 2019 c 166 s 8 are each amended to read as follows:
Any county may apply to the department on a form prescribed thereby for financial aid for the preparation and implementation of the comprehensive county plan for solid waste management required by RCW
70.95.080 (as recodified by this act), including contamination reduction and outreach plans. Any city electing to prepare an independent city plan, a joint city plan, or a joint county-city plan for solid waste management for inclusion in the county comprehensive plan may apply for financial aid for such purpose through the county. Every city application for financial aid for planning shall be filed with the county auditor and shall be included as a part of the county's application for financial aid. Any city preparing an independent plan shall provide for disposal sites wholly within its jurisdiction.
The department shall allocate to the counties and cities applying for financial aid for planning and implementation, including contamination reduction and outreach plan development and implementation, such funds as may be available pursuant to legislative appropriations or from any federal grants for such purpose.
The department shall determine priorities and allocate available funds among the counties and cities applying for aid according to criteria established by regulations of the department considering population, urban development, environmental effects of waste disposal, existing waste handling practices, and the local justification of their proposed expenditures.
Sec. 1169. RCW
70.95.150 and 1969 ex.s. c 134 s 15 are each amended to read as follows:
Upon the allocation of planning funds as provided in RCW
70.95.130 (as recodified by this act), the department shall enter into a contract with each county receiving a planning grant. The contract shall include such provisions as the director may deem necessary to assure the proper expenditure of such funds including allocations made to cities. The sum allocated to a county shall be paid to the treasurer of such county.
Sec. 1170. RCW
70.95.160 and 1989 c 431 s 10 are each amended to read as follows:
Each county, or any city, or jurisdictional board of health shall adopt regulations or ordinances governing solid waste handling implementing the comprehensive solid waste management plan covering storage, collection, transportation, treatment, utilization, processing and final disposal including but not limited to the issuance of permits and the establishment of minimum levels and types of service for any aspect of solid waste handling. County regulations or ordinances adopted regarding levels and types of service shall not apply within the limits of any city where the city has by local ordinance determined that the county shall not exercise such powers within the corporate limits of the city. Such regulations or ordinances shall assure that solid waste storage and disposal facilities are located, maintained, and operated in a manner so as properly to protect the public health, prevent air and water pollution, are consistent with the priorities established in RCW
70.95.010 (as recodified by this act), and avoid the creation of nuisances. Such regulations or ordinances may be more stringent than the minimum functional standards adopted by the department. Regulations or ordinances adopted by counties, cities, or jurisdictional boards of health shall be filed with the department.
Nothing in this section shall be construed to authorize the operation of a solid waste collection system by counties.
Sec. 1171. RCW
70.95.167 and 1991 c 319 s 402 are each amended to read as follows:
(1) Each local solid waste advisory committee shall conduct one or more meetings for the purpose of determining how local private recycling and solid waste collection businesses may participate in the development and implementation of programs to collect source separated materials from residences, and to process and market materials collected for recycling. The meetings shall include local private recycling businesses, private solid waste collection companies operating within the jurisdiction, and the local solid waste planning agencies. The meetings shall be held during the development of the waste reduction and recycling element or no later than one year prior to the date that a jurisdiction is required ((
[to]))
to submit the element under RCW
70.95.110(2)
(as recodified by this act).
(2) The meeting requirement under subsection (1) of this section shall apply whenever a city or county develops or amends the waste reduction and recycling element required under this chapter. Jurisdictions having approved waste reduction and recycling elements or having initiated a process for the selection of a service provider as of May 21, 1991, do not have to comply with the requirements of subsection (1) of this section until the next revisions to the waste reduction and recycling element are made or required.
(3) After the waste reduction and recycling element is approved by the local legislative authority but before it is submitted to the department for approval, the local solid waste advisory committee shall hold at least one additional meeting to review the element.
(4) For the purpose of this section, "private recycling business" means any private for-profit or private not-for-profit business that engages in the processing and marketing of recyclable materials.
Sec. 1172. RCW
70.95.170 and 2009 c 178 s 4 are each amended to read as follows:
Except as provided otherwise in RCW
70.95.300,
70.95.305,
70.95.306,
70.95.310, or
70.95.330 (as recodified by this act), after approval of the comprehensive solid waste plan by the department no solid waste handling facility or facilities shall be maintained, established, or modified until the county, city, or other person operating such site has obtained a permit pursuant to RCW
70.95.180 or
70.95.190 (as recodified by this act).
Sec. 1173. RCW
70.95.185 and 1984 c 123 s 8 are each amended to read as follows:
Every permit issued by a jurisdictional health department under RCW
70.95.180 (as recodified by this act) shall be reviewed by the department to ensure that the proposed site or facility conforms with:
(1) All applicable laws and regulations including the minimal functional standards for solid waste handling; and
(2) The approved comprehensive solid waste management plan.
The department shall review the permit within thirty days after the issuance of the permit by the jurisdictional health department. The department may appeal the issuance of the permit by the jurisdictional health department to the pollution control hearings board, as described in chapter
43.21B RCW, for noncompliance with subsection (1) or (2) of this section.
No permit issued pursuant to RCW
70.95.180 (as recodified by this act) after June 7, 1984, shall be considered valid unless it has been reviewed by the department.
Sec. 1174. RCW
70.95.190 and 1998 c 156 s 4 are each amended to read as follows:
(1) Every permit for an existing solid waste handling facility issued pursuant to RCW
70.95.180 (as recodified by this act) shall be renewed at least every five years on a date established by the jurisdictional health department having jurisdiction of the site and as specified in the permit. If a permit is to be renewed for longer than one year, the local jurisdictional health department may hold a public hearing before making such a decision. Prior to renewing a permit, the health department shall conduct a review as it deems necessary to assure that the solid waste handling facility or facilities located on the site continues to meet minimum functional standards of the department, applicable local regulations, and are not in conflict with the approved solid waste management plan. A jurisdictional health department shall approve or disapprove a permit renewal within forty-five days of conducting its review. The department shall review and may appeal the renewal as set forth for the approval of permits in RCW
70.95.185 (as recodified by this act).
(2) The jurisdictional board of health may establish reasonable fees for permits reviewed under this section. All permit fees collected by the health department shall be deposited in the treasury and to the account from which the health department's operating expenses are paid.
Sec. 1175. RCW
70.95.205 and 2016 c 119 s 7 are each amended to read as follows:
(1) Waste-derived soil amendments that meet the standards and criteria in this section may apply for exemption from solid waste permitting as required under RCW
70.95.170 (as recodified by this act). The application shall be submitted to the department in a format determined by the department or an equivalent format. The application shall include:
(a) Analytical data showing that the waste-derived soil amendments meet standards established under RCW
15.54.800; and
(b) Other information deemed appropriate by the department to protect human health and the environment.
(2) After receipt of an application, the department shall review it to determine whether the application is complete, and forward a copy of the complete application to all interested jurisdictional health departments and the department of agriculture for review and comment. Within forty-five days, the jurisdictional health departments and the department of agriculture shall forward their comments and any other information they deem relevant to the department, which shall then give final approval or disapproval of the application. The department of agriculture's comments must be limited to addressing whether approving the application risks spreading disease, plant pathogens, or pests to areas that are not under a quarantine, as defined in RCW
17.24.007. Every complete application shall be approved or disapproved by the department within ninety days after receipt.
(3) The department, after providing opportunity for comments from the jurisdictional health departments and the department of agriculture, may at any time revoke an exemption granted under this section if the quality or use of the waste-derived soil amendment changes or the management, storage, or end use of the waste-derived soil amendment constitutes a threat to human health or the environment.
(4) Any aggrieved party may appeal the determination by the department in subsection (2) or (3) of this section to the pollution control hearings board.
Sec. 1176. RCW
70.95.207 and 2018 c 196 s 24 are each amended to read as follows:
An authorized collector regulated under chapter
69.48 RCW is not required to obtain a permit under RCW
70.95.170 (as recodified by this act) unless the authorized collector is required to obtain a permit under RCW
70.95.170 (as recodified by this act) as a consequence of activities that are not directly associated with the collection facility's activities under chapter
69.48 RCW.
Sec. 1177. RCW
70.95.218 and 1993 c 286 s 2 are each amended to read as follows:
(1) At least sixty days prior to receiving solid waste generated from outside of the state, the operator of a solid waste disposal site facility shall report to the department the types and quantities of waste to be received from an out-of-state source. The department shall develop guidelines for reporting this information. The guidelines shall provide for less than sixty days notice for shipments of waste made on a short-term or emergency basis. The requirements of this subsection shall take effect upon completion of the guidelines.
(2) Upon notice under subsection (1) of this section, the department shall identify all activities and costs necessary to ensure that solid waste generated out-of-state meets standards relating to solid waste reduction, recycling, and management substantially equivalent to those required of solid waste generated within the state. The department may assess a fee on the out-of-state waste sufficient to recover the actual costs incurred in ensuring that the out-of-state waste meets equivalent state standards. The department may delegate, to a local health department, authority to implement the activities identified by the department under this subsection. All money received from fees imposed under this subsection shall be deposited into the ((
solid waste management)) account ((
created by RCW 70.95.800))
used to fund the activities required by this section, and shall be used solely for the activities required by this section.
(3) The department may prohibit in-state disposal of solid waste generated from outside of the state, unless the generators of the waste meet: (a) Waste reduction and recycling requirements substantially equivalent to those applicable in Washington state; and (b) solid waste handling standards substantially equivalent to those applicable in Washington state.
(4) The department may adopt rules to implement this section.
Sec. 1178. RCW
70.95.240 and 2011 c 279 s 1 are each amended to read as follows:
(1) Except as otherwise provided in this section or at a solid waste disposal site for which there is a valid permit, after the adoption of regulations or ordinances by any county, city, or jurisdictional board of health providing for the issuance of permits as provided in RCW
70.95.160 (as recodified by this act), it is unlawful for any person to dump or deposit or permit the dumping or depositing of any solid waste onto or under the surface of the ground or into the waters of this state.
(2) This section does not:
(a) Prohibit a person from dumping or depositing solid waste resulting from his or her own activities onto or under the surface of ground owned or leased by him or her when such action does not violate statutes or ordinances, or create a nuisance;
(b) Apply to a person using a waste-derived soil amendment that has been approved by the department under RCW
70.95.205 (as recodified by this act); or
(c) Apply to the application of commercial fertilizer that has been registered with the department of agriculture as provided in RCW
15.54.325, and that is applied in accordance with the standards established in RCW
15.54.800(3).
(3)(a) It is a class 3 civil infraction as defined in RCW
7.80.120 for a person to litter in an amount less than or equal to one cubic foot.
(b)(i) It is a misdemeanor for a person to litter in an amount greater than one cubic foot but less than one cubic yard.
(ii) A person found to have littered in an amount greater than one cubic foot, but less than one cubic yard, shall also pay a litter cleanup restitution payment. This payment must be the greater of twice the actual cost of removing and properly disposing of the litter, or fifty dollars per cubic foot of litter.
(iii) The court shall distribute one-half of the restitution payment to the landowner where the littering occurred and one-half of the restitution payment to the jurisdictional health department investigating the incident. If the landowner provided written permission authorizing the littering on his or her property or assisted a person with littering on the landowner's property, the landowner is not entitled to any restitution ordered by the court and the full litter cleanup restitution payment must be provided to the jurisdictional health department investigating the incident.
(iv) A jurisdictional health department receiving all or a portion of a litter cleanup restitution payment must use the payment as follows:
(A) One-half of the payment may be used by the jurisdictional health department in the fulfillment of its responsibilities under this chapter; and
(B) One-half of the payment must be used to assist property owners located within the jurisdiction of the health department with the removal and proper disposal of litter in instances when the person responsible for the illegal dumping of the solid waste cannot be determined.
(v) The court may, in addition to the litter cleanup restitution payment, order the person to remove and properly dispose of the litter from the property, with prior permission of the legal owner or, in the case of public property, of the agency managing the property. The court may suspend or modify the litter cleanup restitution payment for a first-time offender under this section if the person removes and properly disposes of the litter.
(c)(i) It is a gross misdemeanor for a person to litter in an amount of one cubic yard or more.
(ii) A person found to have littered in an amount greater than one cubic yard shall also pay a litter cleanup restitution payment. This payment must be the greater of twice the actual cost of removing and properly disposing of the litter, or one hundred dollars per cubic foot of litter.
(iii) The court shall distribute one-half of the restitution payment to the landowner where the littering occurred and one-half of the restitution payment to the jurisdictional health department investigating the incident. If the landowner provided written permission authorizing the littering on his or her property or assisted a person with littering on the landowner's property, the landowner is not entitled to any restitution ordered by the court and the full litter cleanup restitution payment must be provided to the jurisdictional health department investigating the incident.
(iv) A jurisdictional health department receiving all or a portion of a litter cleanup restitution payment must use the payment as follows:
(A) One-half of the payment may be used by the jurisdictional health department in the fulfillment of its responsibilities under this chapter; and
(B) One-half of the payment must be used to assist property owners located within the jurisdiction of the health department with the removal and proper disposal of litter in instances when the person responsible for the illegal dumping of the solid waste cannot be determined.
(v) The court may, in addition to the litter cleanup restitution payment, order the person to remove and properly dispose of the litter from the property, with prior permission of the legal owner or, in the case of public property, of the agency managing the property. The court may suspend or modify the litter cleanup restitution payment for a first-time offender under this section if the person removes and properly disposes of the litter.
(4) If a junk vehicle is abandoned in violation of this chapter, RCW
46.55.230 governs the vehicle's removal, disposal, and sale, and the penalties that may be imposed against the person who abandoned the vehicle.
(5) When enforcing this section, the enforcing authority must take reasonable action to determine and identify the person responsible for illegally dumping solid waste before requiring the owner or lessee of the property where illegal dumping of solid waste has occurred to remove and properly dispose of the litter on the site.
Sec. 1179. RCW
70.95.250 and 1969 ex.s. c 134 s 25 are each amended to read as follows:
Whenever solid wastes dumped in violation of RCW
70.95.240 (as recodified by this act) contain three or more items bearing the name of one individual, there shall be a rebuttable presumption that the individual whose name appears on such items committed the unlawful act of dumping.
Sec. 1180. RCW
70.95.270 and 1994 c 257 s 16 are each amended to read as follows:
The procedural requirements of this chapter shall not apply to any person conducting a remedial action at a facility pursuant to a consent decree, order, or agreed order issued pursuant to chapter
70.105D RCW
(as recodified by this act), or to the department of ecology when it conducts a remedial action under chapter
70.105D RCW
(as recodified by this act). The department of ecology shall ensure compliance with the substantive requirements of this chapter through the consent decree, order, or agreed order issued pursuant to chapter
70.105D RCW
(as recodified by this act), or during the department-conducted remedial action, through the procedures developed by the department pursuant to RCW
70.105D.090 (as recodified by this act).
Sec. 1181. RCW
70.95.280 and 1989 c 431 s 13 are each amended to read as follows:
The department of ecology shall determine the best management practices for categories of solid waste in accordance with the priority solid waste management methods established in RCW
70.95.010 (as recodified by this act). In order to make this determination, the department shall conduct a comprehensive solid waste stream analysis and evaluation. Following establishment of baseline data resulting from an initial in-depth analysis of the waste stream, the department shall develop a less intensive method of monitoring the disposed waste stream including, but not limited to, changes in the amount of waste generated and waste type. The department shall monitor curbside collection programs and other waste segregation and disposal technologies to determine, to the extent possible, the effectiveness of these programs in terms of cost and participation, their applicability to other locations, and their implications regarding rules adopted under this chapter. Persons who collect solid waste shall annually report to the department the types and quantities of solid waste that are collected and where it is delivered. The department shall adopt guidelines for reporting and for keeping proprietary information confidential.
Sec. 1182. RCW
70.95.285 and 1988 c 184 s 2 are each amended to read as follows:
The comprehensive, statewide solid waste stream analysis under RCW
70.95.280 (as recodified by this act) shall be based on representative solid waste generation areas and solid waste generation sources within the state. The following information and evaluations shall be included:
(1) Solid waste generation rates for each category;
(2) The rate of recycling being achieved within the state for each category of solid waste;
(3) The current and potential rates of solid waste reduction within the state;
(4) A technological assessment of current solid waste reduction and recycling methods and systems, including cost/benefit analyses;
(5) An assessment of the feasibility of segregating solid waste at: (a) The original source, (b) transfer stations, and (c) the point of final disposal;
(6) A review of methods that will increase the rate of solid waste reduction; and
(7) An assessment of new and existing technologies that are available for solid waste management including an analysis of the associated environmental risks and costs.
The data required by the analysis under this section shall be kept current and shall be available to local governments and the waste management industry.
Sec. 1183. RCW
70.95.290 and 1988 c 184 s 3 are each amended to read as follows:
(1) The evaluation of the solid waste stream required in RCW
70.95.280 (as recodified by this act) shall include the following elements:
(a) The department shall determine which management method for each category of solid waste will have the least environmental impact; and
(b) The department shall evaluate the costs of various management options for each category of solid waste, including a review of market availability, and shall take into consideration the economic impact on affected parties;
(c) Based on the results of (a) and (b) of this subsection, the department shall determine the best management for each category of solid waste. Different management methods for the same categories of waste may be developed for different parts of the state.
(2) The department shall give priority to evaluating categories of solid waste that, in relation to other categories of solid waste, comprise a large volume of the solid waste stream or present a high potential of harm to human health. At a minimum the following categories of waste shall be evaluated:
(a) By January 1, 1989, yard waste and other biodegradable materials, paper products, disposable diapers, and batteries; and
(b) By January 1, 1990, metals, glass, plastics, styrofoam or rigid lightweight cellular polystyrene, and tires.
Sec. 1184. RCW
70.95.295 and 1988 c 184 s 4 are each amended to read as follows:
The department shall incorporate the information from the analysis and evaluation conducted under RCW
70.95.280 through
70.95.290 (as recodified by this act) to the state solid waste management plan under RCW
70.95.260 (as recodified by this act). The plan shall be revised periodically as the evaluation and analysis is updated.
Sec. 1185. RCW
70.95.315 and 2016 c 119 s 8 are each amended to read as follows:
(1) The department may assess a civil penalty in an amount not to exceed one thousand dollars per day per violation to any person exempt from solid waste permitting in accordance with RCW
70.95.205,
70.95.300,
70.95.305,
70.95.306, or
70.95.330 (as recodified by this act) who fails to comply with the terms and conditions of the exemption. Each such violation shall be a separate and distinct offense, and in the case of a continuing violation, each day's continuance shall be a separate and distinct violation. The penalty provided in this section shall be imposed pursuant to RCW
43.21B.300.
(2) If a person violates a provision of any of the sections referenced in subsection (1) of this section, the department may issue an appropriate order to ensure compliance with the conditions of the exemption. The order may be appealed pursuant to RCW
43.21B.310.
Sec. 1186. RCW
70.95.330 and 2009 c 178 s 1 are each amended to read as follows:
(1) An anaerobic digester that complies with the conditions specified in this section is exempt from the permitting requirements of this chapter. To qualify for the exemption, an anaerobic digester must meet the following conditions:
(a) The owner or operator must provide the department or the jurisdictional health department with at least thirty days' notice of intent to operate under the conditions specified in this section and comply with any guidelines issued under subsection (2) of this section;
(b) The anaerobic digester must process at least fifty percent livestock manure by volume;
(c) The anaerobic digester may process no more than thirty percent imported organic waste-derived material by volume, and must comply with subsection (3) of this section;
(d) The anaerobic digester must comply with design and operating standards in the natural resources conservation service's conservation practice standard code 366 in effect as of July 26, 2009;
(e) Digestate must:
(i) Be managed in accordance with a dairy nutrient management plan under chapter
90.64 RCW that includes elements addressing management and use of digestate;
(ii) Meet compost quality standards concerning pathogens, stability, nutrient testing, and metals before it is distributed for off-site use, or be sent to an off-site permitted compost facility for further treatment to meet compost quality standards; or
(iii) Be processed or managed in an alternate manner approved by the department;
(f) The owner or operator must allow inspection by the department or jurisdictional health department at reasonable times to verify compliance with the conditions specified in this section; and
(g) The owner or operator must submit an annual report to the department or the jurisdictional health department concerning use of nonmanure material in the anaerobic digester and any required compliance testing.
(2) By August 1, 2009, the department and the department of agriculture, in consultation with the department of health, shall make available to anaerobic digester owners and operators clearly written guidelines for the anaerobic codigestion of livestock manure and organic waste-derived material. The guidelines must explain the steps necessary for an owner or operator to meet the conditions specified in this section for an exemption from the permitting requirements of this chapter.
(3) Any imported organic waste-derived material must:
(a) Be preconsumer in nature;
(b) Be fed into the anaerobic digester within thirty-six hours of receipt at the anaerobic digester;
(c) If it is likely to contain animal by-products, be previously source-separated at a facility licensed to process food by the United States department of agriculture, the United States food and drug administration, the Washington state department of agriculture, or other applicable regulatory agency;
(d) If it contains bovine processing waste, be derived from animals approved by the United States department of agriculture food safety and inspection service and not contain any specified risk material;
(e) If it contains sheep carcasses or sheep processing waste, not be fed into the anaerobic digester;
(f) Be stored and handled in a manner that protects surface water and groundwater and complies with best management practices;
(g) Be received or stored in structures that:
(i) Comply with the natural resources conservation service's conservation practice standard code 313 in effect as of July 26, 2009;
(ii) Are certified to be effective by a representative of the natural resources conservation service; or
(iii) Meet applicable construction industry standards adopted by the American concrete institute or the American institute of steel construction and in effect as of July 26, 2009; and
(h) Be managed to prevent migration of nuisance odors beyond property boundaries and minimize attraction of flies, rodents, and other vectors.
(4) Digestate that is managed in accordance with a dairy nutrient management plan under chapter
90.64 RCW that includes elements addressing management and use of digestate shall no longer be considered a solid waste. Use of digestate from an anaerobic digester that complies with the conditions specified in this section is exempt from the permitting requirements of this chapter.
(5) An anaerobic digester that does not comply with the conditions specified in this section may be subject to the permitting requirements of this chapter. In addition, violations of the conditions specified in this section are subject to provisions in RCW
70.95.315 (as recodified by this act).
(6) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise:
(a) "Anaerobic digester" means a vessel that processes organic material into biogas and digestate using microorganisms in a decomposition process within a closed, oxygen-free container.
(b) "Best management practices" means managerial practices that prevent or reduce water pollution.
(c) "Digestate" means both solid and liquid substances that remain following anaerobic digestion of organic material in an anaerobic digester.
(d) "Imported" means originating off of the farm or other site where the anaerobic digester is being operated.
(e) "Organic waste-derived material" has the same meaning as defined in RCW
15.54.270 and any other organic wastes approved by the department, except for organic waste-derived material collected through municipal commercial and residential solid waste collection programs.
Sec. 1187. RCW
70.95.400 and 2005 c 394 s 4 are each amended to read as follows:
(1) For the purposes of this section and RCW
70.95.410 (as recodified by this act), "transporter" means any person or entity that transports recyclable materials from commercial or industrial generators over the public highways of the state of Washington for compensation, and who are required to possess a permit to operate from the Washington utilities and transportation commission under chapter
81.80 RCW. "Transporter" includes commercial recycling operations of certificated solid waste collection companies as provided in chapter
81.77 RCW. "Transporter" does not include:
(a) Carriers of commercial recyclable materials, when such materials are owned or being bought or sold by the entity or person, and being carried in their own vehicle, when such activity is incidental to the conduct of an entity or person's primary business;
(b) Entities or persons hauling their own recyclables or hauling recyclables they generated or purchased and transported in their own vehicles;
(c) Nonprofit or charitable organizations collecting and transporting recyclable materials from a buyback center, drop box, or from a commercial or industrial generator of recyclable materials;
(d) City municipal solid waste departments or city solid waste contractors; or
(e) Common carriers under chapter
81.80 RCW whose primary business is not the transportation of recyclable materials.
(2) All transporters shall register with the department prior to the transportation of recyclable materials. The department shall supply forms for registration.
(3) A transporter who transports recyclable materials within the state without a transporter registration required by this section is subject to a civil penalty in an amount up to one thousand dollars per violation.
Sec. 1188. RCW
70.95.420 and 2005 c 394 s 6 are each amended to read as follows:
Any person damaged by a violation of RCW
70.95.400 through
70.95.440 (as recodified by this act) may bring a civil action for such a violation by seeking either injunctive relief or damages, or both, in the superior court of the county in which the violation took place or in Thurston county. The prevailing party in such an action is entitled to reasonable costs and attorneys' fees, including those on appeal.
Sec. 1189. RCW
70.95.430 and 2005 c 394 s 7 are each amended to read as follows:
(1) All facilities that recycle solid waste, except for those facilities with a current solid waste handling permit issued under RCW
70.95.170 (as recodified by this act), must notify the department in writing within thirty days prior to operation, or ninety days from July 24, 2005, for existing recycling operations, of the intent to conduct recycling in accordance with this section. Notification must be in writing, and include:
(a) Contact information for the person conducting the recycling activity;
(b) A general description of the recycling activity;
(c) A description of the types of solid waste being recycled; and
(d) A general explanation of the recycling processes and methods.
(2) Each facility that recycles solid waste, except those facilities with a current solid waste handling permit issued under RCW
70.95.170 (as recodified by this act), shall prepare and submit an annual report to the department by April 1st on forms supplied by the department. The annual report must detail recycling activities during the previous calendar year and include the following information:
(a) The name and address of the recycling operation;
(b) The calendar year covered by the report;
(c) The annual quantities and types of waste received, recycled, and disposed, in tons, for purposes of determining progress towards achieving the goals of waste reduction, waste recycling, and treatment in accordance with RCW
70.95.010(4)
(as recodified by this act); and
(d) Any additional information required by written notification of the department that is needed to determine progress towards achieving the goals of waste reduction, waste recycling, and treatment in accordance with RCW
70.95.010(4)
(as recodified by this act).
(3) Any facility, except for product take-back centers, that recycles solid waste materials within the state without first obtaining a solid waste handling permit under RCW
70.95.170 (as recodified by this act) or completing a notification under this section is subject to a civil penalty of up to one thousand dollars per violation.
Sec. 1190. RCW
70.95.510 and 2009 c 261 s 2 are each amended to read as follows:
(1) There is levied a one dollar per tire fee on the retail sale of new replacement vehicle tires. The fee imposed in this section must be paid by the buyer to the seller, and each seller shall collect from the buyer the full amount of the fee. The fee collected from the buyer by the seller less the ten percent amount retained by the seller as provided in RCW
70.95.535(1)
(as recodified by this act) must be paid to the department of revenue in accordance with RCW
82.32.045.
(2) The department of revenue shall incorporate into the agency's regular audit cycle a reconciliation of the number of tires sold and the amount of revenue collected by the businesses selling new replacement vehicle tires at retail. The department of revenue shall collect on the business excise tax return from the businesses selling new replacement vehicle tires at retail:
(a) The number of tires sold; and
(b) The fee levied in this section.
(3) All other applicable provisions of chapter
82.32 RCW have full force and application with respect to the fee imposed under this section. The department of revenue shall administer this section.
(4) For the purposes of this section, "new replacement vehicle tires" means tires that are newly manufactured for vehicle purposes and does not include retreaded vehicle tires.
Sec. 1191. RCW
70.95.530 and 2014 c 76 s 6 are each amended to read as follows:
(1) Moneys in the waste tire removal account may be appropriated to the department of ecology:
(a) To provide for funding to state and local governments for the removal of discarded vehicle tires from unauthorized tire dump sites; and
(b) To accomplish the other purposes of RCW
70.95.020 (as recodified by this act) as they relate to waste tire cleanup under this chapter.
(2) In spending funds in the account under this section, the department shall identify communities with the most severe problems with waste tires and provide funds first to those communities to remove accumulations of waste tires.
(3) The department shall provide on its web site a summary of state and local government efforts funded using the waste tire removal account, a list of authorized waste tire storage sites and transporters, and tire recycling and reuse rates in the state for each calendar year.
Sec. 1192. RCW
70.95.532 and 2017 3rd sp.s. c 25 s 10 are each amended to read as follows:
(1) All receipts from tire fees imposed under RCW
70.95.510 (as recodified by this act), except as provided in subsection (2) of this section, must be deposited in the waste tire removal account created under RCW
70.95.521 (as recodified by this act). Moneys in the account may be spent only after appropriation. Expenditures from the account may be used for the cleanup of unauthorized waste tire piles and measures that prevent future accumulation of unauthorized waste tire piles.
(2) On September 1st of odd-numbered years, the state treasurer must transfer any cash balance in excess of one million dollars from the waste tire removal account created under RCW
70.95.521 (as recodified by this act) to the motor vehicle ((
account [fund]))
fund for the purpose of road wear related maintenance on state and local public highways.
Sec. 1193. RCW
70.95.535 and 1989 c 431 s 93 are each amended to read as follows:
(1) Every person engaged in making retail sales of new replacement vehicle tires in this state shall retain ten percent of the collected one dollar fee. The moneys retained may be used for costs associated with the proper management of the waste vehicle tires by the retailer.
(2) The department of ecology will administer the funds for the purposes specified in RCW
70.95.020((
(5)))
(6) (as recodified by this act) including, but not limited to:
(a) Making grants to local governments for pilot demonstration projects for on-site shredding and recycling of tires from unauthorized dump sites;
(b) Grants to local government for enforcement programs;
(c) Implementation of a public information and education program to include posters, signs, and informational materials to be distributed to retail tire sales and tire service outlets;
(d) Product marketing studies for recycled tires and alternatives to land disposal.
Sec. 1194. RCW
70.95.550 and 1988 c 250 s 3 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW
70.95.555 through
70.95.565 (as recodified by this act).
(1) "Storage" or "storing" means the placing of more than eight hundred waste tires in a manner that does not constitute final disposal of the waste tires.
(2) "Transportation" or "transporting" means picking up or transporting waste tires for the purpose of storage or final disposal.
(3) "Waste tires" means tires that are no longer suitable for their original intended purpose because of wear, damage, or defect.
Sec. 1195. RCW
70.95.555 and 2009 c 261 s 6 are each amended to read as follows:
Any person engaged in the business of transporting or storing waste tires shall be licensed by the department. To obtain a license, each applicant must:
(1) Provide assurances that the applicant is in compliance with this chapter and the rules regarding waste tire storage and transportation;
(2) Accept liability for and authorize the department to recover any costs incurred in any cleanup of waste tires transported or newly stored by the applicant in violation of this section, or RCW
70.95.560,
70.95.515, or
70.95.570 (as recodified by this act), or rules adopted thereunder, after July 1, 2005;
(3) After January 1, 2006, for waste tires transported or stored before July 1, 2005, or for waste tires transported or stored after July 1, 2005, post a bond in an amount to be determined by the department sufficient to cover the liability for the cost of cleanup of the transported or stored waste tires, in favor of the state of Washington. In lieu of the bond, the applicant may submit financial assurances acceptable to the department;
(4) Be registered in the state of Washington as a business and be in compliance with all state laws, rules, and local ordinances;
(5) Have a federal tax identification number and be in compliance with all applicable federal codes and regulations; and
(6) Report annually to the department the amount of tires transported and their disposition. Failure to report shall result in revocation of the license.
Sec. 1196. RCW
70.95.560 and 2005 c 354 s 7 are each amended to read as follows:
(1) Any person who transports or stores waste tires without a license in violation of RCW
70.95.555 (as recodified by this act) shall be guilty of a gross misdemeanor and upon conviction shall be punished under RCW
9A.20.021(2).
(2) Any person who transports or stores waste tires without a license in violation of RCW
70.95.555 (as recodified by this act) is liable for the costs of cleanup of any and all waste tires transported or stored. This subsection does not apply to the storage of waste tires when the storage of the tires occurred before July 1, 2005, and the storage was licensed in accordance with RCW
70.95.555 (as recodified by this act) at the time the tires were stored.
Sec. 1197. RCW
70.95.610 and 1989 c 431 s 37 are each amended to read as follows:
(1) No person may knowingly dispose of a vehicle battery except by delivery to: A person or entity selling lead acid batteries, a person or entity authorized by the department to accept the battery, or to a secondary lead smelter.
(2) No owner or operator of a solid waste disposal site shall knowingly accept for disposal used vehicle batteries except when authorized to do so by the department or by the federal government.
(3) Any person who violates this section shall be subject to a fine of up to one thousand dollars. Each battery will constitute a separate violation. Nothing in this section and RCW
70.95.620 through
70.95.660 (as recodified by this act) shall supersede the provisions under chapter
70.105 RCW
(as recodified by this act).
(4) For purposes of this section and RCW
70.95.620 through
70.95.660 (as recodified by this act), "vehicle battery" means batteries capable for use in any vehicle, having a core consisting of elemental lead, and a capacity of six or more volts.
Sec. 1198. RCW
70.95.630 and 1989 c 431 s 39 are each amended to read as follows:
A person selling vehicle batteries at retail in the state shall:
(1) Accept, at the time of purchase of a replacement battery, in the place where the new batteries are physically transferred to the purchasers, and in a quantity at least equal to the number of new batteries purchased, used vehicle batteries from the purchasers, if offered by the purchasers. When a purchaser fails to provide an equivalent used battery or batteries, the purchaser may reclaim the core charge paid under RCW
70.95.640 (as recodified by this act) by returning, to the point of purchase within thirty days, a used battery or batteries and a receipt showing proof of purchase from the establishment where the replacement battery or batteries were purchased; and
(2) Post written notice which must be at least eight and one-half inches by eleven inches in size and must contain the universal recycling symbol and the following language:
(a) "It is illegal to put a motor vehicle battery or other vehicle battery in your garbage."
(b) "State law requires us to accept used motor vehicle batteries or other vehicle batteries for recycling, in exchange for new batteries purchased."
(c) "When you buy a battery, state law also requires us to include a core charge of five dollars or more if you do not return your old battery for exchange."
Sec. 1199. RCW
70.95.650 and 1989 c 431 s 41 are each amended to read as follows:
(1) A person selling vehicle batteries at wholesale to a retail establishment in this state shall accept, at the time and place of transfer, used vehicle batteries in a quantity at least equal to the number of new batteries purchased, if offered by the purchaser.
(2) When a battery wholesaler, or agent of the wholesaler, fails to accept used vehicle batteries as provided in this section, a retailer may file a complaint with the department and the department shall investigate any such complaint.
(3)(a) The department shall issue an order suspending any of the provisions of RCW
70.95.630 through
70.95.660 (as recodified by this act) whenever it finds that the market price of lead has fallen to the extent that new battery wholesalers' estimated statewide average cost of transporting used batteries to a smelter or other person or entity in the business of purchasing used batteries is clearly greater than the market price paid for used lead batteries by such smelter or person or entity.
(b) The order of suspension shall only apply to batteries that are sold at retail during the period in which the suspension order is effective.
(c) The department shall limit its suspension order to a definite period not exceeding six months, but shall revoke the order prior to its expiration date should it find that the reasons for its issuance are no longer valid.
Sec. 1200. RCW
70.95.660 and 1989 c 431 s 42 are each amended to read as follows:
The department shall produce, print, and distribute the notices required by RCW
70.95.630 (as recodified by this act) to all places where vehicle batteries are offered for sale at retail and in performing its duties under this section the department may inspect any place, building, or premise governed by RCW
70.95.640 (as recodified by this act). Authorized employees of the agency may issue warnings and citations to persons who fail to comply with the requirements of RCW
70.95.610 through
70.95.670 (as recodified by this act). Failure to conform to the notice requirements of RCW
70.95.630 (as recodified by this act) shall subject the violator to a fine imposed by the department not to exceed one thousand dollars. However, no such fine shall be imposed unless the department has issued a warning of infraction for the first offense. Each day that a violator does not comply with the requirements of chapter 431, Laws of 1989 following the issuance of an initial warning of infraction shall constitute a separate offense.
Sec. 1201. RCW
70.95.670 and 1989 c 431 s 43 are each amended to read as follows:
The department shall adopt rules providing for the implementation and enforcement of RCW
70.95.610 through
70.95.660 (as recodified by this act).
Sec. 1202. RCW
70.95.715 and 1994 c 165 s 5 are each amended to read as follows:
(1) A solid waste planning jurisdiction may designate sharps waste container drop-off sites.
(2) A pharmacy return program shall not be considered a solid waste handling facility and shall not be required to obtain a solid waste permit. A pharmacy return program is required to register, at no cost, with the department. To facilitate designation of sharps waste drop-off sites, the department shall share the name and location of registered pharmacy return programs with jurisdictional health departments and local solid waste management officials.
(3) A public or private provider of solid waste collection service may provide a program to collect source separated residential sharps waste containers as provided in chapter
70.95K RCW
(as recodified by this act).
(4) For the purpose of this section, "sharps waste," "sharps waste container," and "pharmacy return program" shall have the same meanings as provided in RCW
70.95K.010 (as recodified by this act).
Sec. 1203. RCW
70.95.807 and 2015 c 142 s 3 are each amended to read as follows:
(1) The department of transportation, together with its implementation partners, as that term is defined in RCW
70.95.805 (as recodified by this act), must report annually to the legislature on the implementation of RCW
70.95.805 (as recodified by this act). The annual report must be submitted to the legislature, consistent with RCW
43.01.036, by January 2nd of each year from 2017 through 2020.
(2) This section expires July 1, 2021.
Sec. 1204. RCW
70.95.815 and 2019 c 255 s 2 are each amended to read as follows:
(1) A goal is established for the state to reduce by fifty percent the amount of food waste generated annually by 2030, relative to 2015 levels. A subset of this goal must include a prevention goal to reduce the amount of edible food that is wasted.
(2) The department may estimate 2015 levels of wasted food in Washington using any combination of solid waste reporting data obtained under this chapter and surveys and studies measuring wasted food and food waste in other jurisdictions. For the purposes of measuring progress towards the goal in subsection (1) of this section, the department must adopt standardized metrics and processes for measuring or estimating volumes of wasted food and food waste generated in the state.
(3) By October 1, 2020, the department, in consultation with the department of agriculture and the department of health, must develop and adopt a state wasted food reduction and food waste diversion plan designed to achieve the goal established in subsection (1) of this section.
(a) The wasted food reduction and food waste diversion plan must include strategies, in descending order of priority, to:
(i) Prevent and reduce the wasting of edible food by residents and businesses;
(ii) Help match and support the capacity for edible food that would otherwise be wasted with food banks and other distributors that will ensure the food reaches those who need it; and
(iii) Support productive uses of inedible food materials, including using it for animal feed, energy production through anaerobic digestion, or other commercial uses, and for off-site or on-site management systems including composting, vermicomposting, or other biological systems.
(b) The wasted food reduction and food waste diversion plan must be designed to:
(i) Recommend a regulatory environment that optimizes activities and processes to rescue safe, nutritious, edible food;
(ii) Recommend a funding environment in which stable, predictable resources are provided to wasted food prevention and rescue and food waste recovery activities in such a way as to allow the development of additional capacity and the use of new technologies;
(iii) Avoid placing burdensome regulations on the hunger relief system, and ensure that organizations involved in wasted food prevention and rescue, and food waste recovery, retain discretion to accept or reject donations of food when appropriate;
(iv) Provide state technical support to wasted food prevention and rescue and food waste recovery organizations;
(v) Support the development and distribution of equitable materials to support food waste and wasted food educational and programmatic efforts in K-12 schools, in collaboration with the office of the superintendent of public instruction, and aligned with the Washington state science and social studies learning standards; and
(vi) Facilitate and encourage restaurants and other retail food establishments to safely donate food to food banks and food assistance programs through education and outreach to retail food establishment operators regarding safe food donation opportunities, practices, and benefits.
(c) The wasted food reduction and food waste diversion plan must include suggested best practices that local governments may incorporate into solid waste management plans developed under RCW
70.95.080 (as recodified by this act).
(d) The department must solicit feedback from the public and interested stakeholders throughout the process of developing and adopting the wasted food reduction and food waste diversion plan. To assist with its food waste reduction plan development responsibilities, the department may designate a stakeholder advisory panel. If the department designates a stakeholder advisory panel, it must consist of local government health departments, local government solid waste departments, food banks, hunger-focused nonprofit organizations, waste-focused nonprofit organizations, K-12 public education, and food businesses or food business associations.
(e) The department must identify the sources of scientific, economic, or other technical information it relied upon in developing the plan required under this section, including peer-reviewed science.
(f) In conjunction with the development of the wasted food reduction and food waste diversion plan, the department and the departments of agriculture and health must consider recommending changes to state law, including changes to food quality, labeling, and inspection requirements under chapter
69.80 RCW and any changes in laws relating to the donation of food waste or wasted food for animals, in order to achieve the goal established in subsection (1) of this section. Any such recommendations must be explained via a report to the legislature submitted consistent with RCW
43.01.036 by December 1, 2020. Prior to any implementation of the plan, for the activities, programs, or policies in the plan that would impose new obligations on state agencies, local governments, businesses, or citizens, the December 1, 2020, report must outline the plan for making regulatory changes identified in the report. This outline must include the department or the appropriate state agency's plan to make recommendations for statutory or administrative rule changes identified. In combination with any identified statutory or administrative rule changes, the department or the appropriate state agency must include expected cost estimates for both government entities and private persons or businesses to comply with any recommended changes.
(4) In support of the development of the plan in subsection (3) of this section, the department of commerce must contract for an independent evaluation of the state's food waste and wasted food management system.
(5) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a)(i) "Food waste" means waste from fruits, vegetables, meats, dairy products, fish, shellfish, nuts, seeds, grains, and similar materials that results from the storage, preparation, cooking, handling, selling, or serving of food for human consumption.
(ii) "Food waste" includes, but is not limited to, excess, spoiled, or unusable food and includes inedible parts commonly associated with food preparation such as pits, shells, bones, and peels. "Food waste" does not include dead animals not intended for human consumption or animal excrement.
(b) "Prevention" refers to avoiding the wasting of food in the first place and represents the greatest potential for cost savings and environmental benefits for businesses, governments, and consumers.
(c) "Recovery" refers to processing inedible food waste to extract value from it, through composting, anaerobic digestion, or for use as animal feedstock.
(d) "Rescue" refers to the redistribution of surplus edible food to other users.
(e) "Wasted food" means the edible portion of food waste.
Sec. 1205. RCW
70.95A.070 and 1983 c 167 s 176 are each amended to read as follows:
Any bonds issued under the provisions of this chapter and at any time outstanding may at any time and from time to time be refunded by a municipality by the issuance of its refunding bonds in such amount as the governing body may deem necessary but not exceeding an amount sufficient to refund the principal of the bonds to be so refunded, together with any unpaid interest thereon and any premiums and commissions necessary to be paid in connection therewith: PROVIDED, That an issue of refunding bonds may be combined with an issue of additional revenue bonds on any facilities. Any such refunding may be effected whether the bonds to be refunded shall have then matured or shall thereafter mature, either by sale of the refunding bonds and the application of the proceeds thereof for the payment of the bonds to be refunded thereby, or by exchange of the refunding bonds for the bonds to be refunded thereby: PROVIDED FURTHER, That the owners of any bonds to be so refunded shall not be compelled without their consent to surrender their bonds for payment or exchange except on the terms expressed on the face thereof. Any refunding bonds issued under the authority of this chapter shall be subject to the provisions contained in RCW
70.95A.040 (as recodified by this act) and may be secured in accordance with the provisions of RCW
70.95A.050 (as recodified by this act).
Sec. 1206. RCW
70.95A.100 and 1973 c 132 s 11 are each amended to read as follows:
Upon request by a municipality or by a user of the facilities the department of ecology may in relation to chapter 54, Laws of 1972 ex. sess. and this chapter issue its certificate stating that the facilities (1) as designed are in furtherance of the purpose of abating, controlling or preventing pollution, and/or (2) as designed or as operated meet state and local requirements for the control of pollution. This section shall not be construed as modifying the provisions of RCW
82.34.030; chapter
70.94 RCW
(as recodified by this act); or chapter
90.48 RCW.
Sec. 1207. RCW
70.95B.060 and 1973 c 139 s 6 are each amended to read as follows:
The director is authorized when taking action pursuant to RCW
70.95B.040 and
70.95B.050 (as recodified by this act) to consider generally applicable criteria and guidelines developed by a nationally recognized association of certification authorities.
Sec. 1208. RCW
70.95B.090 and 2018 c 213 s 1 are each amended to read as follows:
The issuance and renewal of a certificate shall be subject to the following conditions:
(1) A certificate shall be issued if the operator has satisfactorily passed a written examination, or has met the requirements of RCW
70.95B.080 (as recodified by this act), and has met the requirements specified in the rules and regulations as authorized by this chapter, and has paid the department an application fee as established by the department under RCW
70.95B.095 (as recodified by this act).
(2) The term for all certificates shall be from the first of January of the year of issuance until the thirty-first of December of the renewal year. The renewal period, not to exceed three years, shall be set by agency rule. Every certificate shall be renewed upon the payment of a renewal fee as established by the department under RCW
70.95B.095 (as recodified by this act) and satisfactory evidence presented to the director that the operator demonstrates continued professional growth in the field.
(3) Individuals who fail to renew their certificates before December 31 of the renewal year, upon notice by the director shall have their certificates suspended for sixty days. If, during the suspension period, the renewal is not completed, the director shall give notice of revocation to the employer and to the operator and the certificate will be revoked ten days after such notice is given. An operator whose certificate has been revoked must reapply for certification and will be requested to meet the requirements of a new applicant.
Sec. 1209. RCW
70.95B.095 and 2018 c 213 s 2 are each amended to read as follows:
(1) The department shall establish and collect fees for the issuance and renewal of wastewater treatment plant operator certificates as provided for in RCW
70.95B.090 (as recodified by this act). The department, with the advice of an advisory committee, shall establish an initial fee schedule by rule. Fees shall be established in amounts to fully recover and not to exceed expenses incurred by the department to administer the wastewater operator certification program, to include evaluating applications necessary to verify compliance with certification requirements, maintaining and administering credible examinations, ensuring operators receive necessary training, outreach, and technical assistance, enforcing certification program requirements, providing necessary education and training to program staff, and supporting the overhead expenses related to administering the wastewater operator certification program.
(2) Once the initial fee schedule is adopted by rule, the department shall conduct a workload analysis and prepare a biennial budget estimate for the wastewater treatment plant operator certification program. Thereafter, the department shall assess and collect fees from all wastewater treatment plant operators at a level that fully recovers the costs identified in its biennial operating budget.
(3) If fee increases above the state's fiscal growth factor are proposed, due to an expansion of the wastewater operator certification program, the department must submit a report to the legislature describing the need for the increase.
Sec. 1210. RCW
70.95B.120 and 1987 c 357 s 8 are each amended to read as follows:
On and after one year following July 1, 1973, it shall be unlawful for any person, firm, corporation, municipal corporation, or other governmental subdivision or agency to operate a wastewater treatment plant unless the individuals identified in RCW
70.95B.030 (as recodified by this act) are duly certified by the director under the provisions of this chapter or any lawful rule, order, or regulation of the department. It shall also be unlawful for any person to perform the duties of an operator as defined in this chapter, or in any lawful rule, order, or regulation of the department, without being duly certified under the provisions of this chapter.
Sec. 1211. RCW
70.95B.151 and 2017 c 35 s 1 are each amended to read as follows:
The wastewater treatment plant operator certification account is created in the state treasury. All fees paid pursuant to RCW
70.95B.095 (as recodified by this act) and any other receipts realized in the administration of this chapter must be deposited into the account. Moneys in the account may be spent only after appropriation. Moneys from the account must be used by the department to carry out the purposes of the wastewater treatment plant operator certification program.
Sec. 1212. RCW
70.95C.010 and 1990 c 114 s 1 are each amended to read as follows:
The legislature finds that land disposal and incineration of solid and hazardous waste can be both harmful to the environment and costly to those who must dispose of the waste. In order to address this problem in the most cost-effective and environmentally sound manner, and to implement the highest waste management priority as articulated in RCW
70.95.010 and
70.105.150 (as recodified by this act), public and private efforts should focus on reducing the generation of waste. Waste reduction can be achieved by encouraging voluntary efforts to redesign industrial, commercial, production, and other processes to result in the reduction or elimination of waste by-products and to maximize the in-process reuse or reclamation of valuable spent material.
In the interest of protecting the public health, safety, and the environment, the legislature declares that it is the policy of the state of Washington to encourage reduction in the use of hazardous substances and reduction in the generation of hazardous waste whenever economically and technically practicable.
The legislature finds that hazardous wastes are generated by numerous different sources including, but not limited to, large and small business, households, and state and local government. The legislature further finds that a goal against which efforts at waste reduction may be measured is essential for an effective hazardous waste reduction program. The Pacific Northwest hazardous waste advisory council has endorsed a goal of reducing, through hazardous substance use reduction and waste reduction techniques, the generation of hazardous waste by fifty percent by 1995. The legislature adopts this as a policy goal for the state of Washington. The legislature recognizes that many individual businesses have already reduced the generation of hazardous waste through appropriate hazardous waste reduction techniques. The legislature also recognizes that there are some basic industrial processes which by their nature have limited potential for significantly reducing the use of certain raw materials or substantially reducing the generation of hazardous wastes. Therefore, the goal of reducing hazardous waste generation by fifty percent cannot be applied as a regulatory requirement.
Sec. 1213. RCW
70.95C.020 and 1991 c 319 s 313 are each amended to read as follows:
As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise.
(1) "Department" means the department of ecology.
(2) "Director" means the director of the department of ecology or the director's designee.
(3) "Dangerous waste" shall have the same definition as set forth in RCW
70.105.010((
(5)))
(1) (as recodified by this act) and shall specifically include those wastes designated as dangerous by rules adopted pursuant to chapter
70.105 RCW
(as recodified by this act).
(4) "EPA/state identification number" means the number assigned by the EPA (environmental protection agency) or by the department of ecology to each generator and/or transporter and treatment, storage, and/or disposal facility.
(5) "Extremely hazardous waste" shall have the same definition as set forth in RCW
70.105.010((
(6)))
(7) (as recodified by this act) and shall specifically include those wastes designated as extremely hazardous by rules adopted pursuant to chapter
70.105 RCW
(as recodified by this act).
(6) "Fee" means the annual hazardous waste fees imposed under RCW
70.95E.020 and
70.95E.030 (as recodified by this act).
(7) "Generate" means any act or process which produces hazardous waste or first causes a hazardous waste to become subject to regulation.
(8) "Hazardous substance" means any hazardous substance listed as a hazardous substance as of March 21, 1990, pursuant to section 313 of Title III of the Superfund Amendments and Reauthorization Act, any other substance determined by the director by rule to present a threat to human health or the environment, and all ozone depleting compounds as defined by the Montreal Protocol of October 1987.
(9)(a) "Hazardous substance use reduction" means the reduction, avoidance, or elimination of the use or production of hazardous substances without creating substantial new risks to human health or the environment.
(b) "Hazardous substance use reduction" includes proportionate changes in the usage of hazardous substances as the usage of a hazardous substance or hazardous substances changes as a result of production changes or other business changes.
(10) "Hazardous substance user" means any facility required to report under section 313 of Title III of the Superfund Amendments and Reauthorization Act, except for those facilities which only distribute or use fertilizers or pesticides intended for commercial agricultural applications.
(11) "Hazardous waste" means and includes all dangerous and extremely hazardous wastes, but does not include radioactive wastes or a substance composed of both radioactive and hazardous components and does not include any hazardous waste generated as a result of a remedial action under state or federal law.
(12) "Hazardous waste generator" means any person generating hazardous waste regulated by the department.
(13) "Office" means the office of waste reduction.
(14) "Plan" means the plan provided for in RCW
70.95C.200 (as recodified by this act).
(15) "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.
(16) "Process" means all industrial, commercial, production, and other processes that result in the generation of waste.
(17) "Recycled for beneficial use" means the use of hazardous waste, either before or after reclamation, as a substitute for a commercial product or raw material, but does not include: (a) Use constituting disposal; (b) incineration; or (c) use as a fuel.
(18) "Recycling" means reusing waste materials and extracting valuable materials from a waste stream. Recycling does not include burning for energy recovery.
(19) "Treatment" means the physical, chemical, or biological processing of waste to render it completely innocuous, produce a recyclable by-product, reduce toxicity, or substantially reduce the volume of material requiring disposal as described in the priorities established in RCW
70.105.150 (as recodified by this act). Treatment does not include incineration.
(20) "Used oil" means (a) lubricating fluids that have been removed from an engine crankcase, transmission, gearbox, hydraulic device, or differential of an automobile, bus, truck, vessel, plane, heavy equipment, or machinery powered by an internal combustion engine; (b) any oil that has been refined from crude oil, used, and as a result of use, has been contaminated with physical or chemical impurities; and (c) any oil that has been refined from crude oil and, as a consequence of extended storage, spillage, or contamination, is no longer useful to the original purchaser. "Used oil" does not include used oil to which hazardous wastes have been added.
(21) "Waste" means any solid waste as defined under RCW
70.95.030 (as recodified by this act), any hazardous waste, any air contaminant as defined under RCW
70.94.030 (as recodified by this act), and any organic or inorganic matter that shall cause or tend to cause water pollution as defined under RCW
90.48.020.
(22) "Waste generator" means any individual, business, government agency, or any other organization that generates waste.
(23) "Waste reduction" means all in-plant practices that reduce, avoid, or eliminate the generation of wastes or the toxicity of wastes, prior to generation, without creating substantial new risks to human health or the environment. As used in RCW
70.95C.200 through
70.95C.240 (as recodified by this act), "waste reduction" refers to hazardous waste only.
Sec. 1214. RCW
70.95C.030 and 1998 c 245 s 133 are each amended to read as follows:
(1) There is established in the department an office of waste reduction. The office shall use its authorities to encourage the voluntary reduction of hazardous substance usage and waste generation by waste generators and hazardous substance users. The office shall prepare and submit a quarterly progress report to the director.
(2) The office shall be the coordinating center for all state agency programs that provide technical assistance to waste generators and hazardous substance users and shall serve as the state's lead agency and promoter for such programs. In addition to this coordinating function, the office shall encourage hazardous substance use reduction and waste reduction by:
(a) Providing for the rendering of advice and consultation to waste generators and hazardous substance users on hazardous substance use reduction and waste reduction techniques, including assistance in preparation of plans provided for in RCW
70.95C.200 (as recodified by this act);
(b) Sponsoring or co-sponsoring with public or private organizations technical workshops and seminars on waste reduction and hazardous substance use reduction;
(c) Administering a waste reduction and hazardous substance use reduction database and hotline providing comprehensive referral services to waste generators and hazardous substance users;
(d) Administering a waste reduction and hazardous substance use reduction research and development program;
(e) Coordinating a waste reduction and hazardous substance use reduction public education program that includes the utilization of existing publications from public and private sources, as well as publishing necessary new materials on waste reduction;
(f) Recommending to institutions of higher education in the state courses and curricula in areas related to waste reduction and hazardous substance use reduction; and
(g) Operating an intern program in cooperation with institutions of higher education and other outside resources to provide technical assistance on hazardous substance use reduction and waste reduction techniques and to carry out research projects as needed within the office.
Sec. 1215. RCW
70.95C.040 and 1990 c 114 s 5 are each amended to read as follows:
(1) The office shall establish a waste reduction and hazardous substance use reduction consultation program to be coordinated with other state waste reduction and hazardous substance use reduction consultation programs.
(2) The director may grant a request by any waste generator or hazardous substance user for advice and consultation on waste reduction and hazardous substance use reduction techniques and assistance in preparation or modification of a plan, executive summary, or annual progress report, or assistance in the implementation of a plan required by RCW
70.95C.200 (as recodified by this act). Pursuant to a request from a facility such as a business, governmental entity, or other process site in the state, the director may visit the facility making the request for the purposes of observing hazardous substance use and the waste-generating process, obtaining information relevant to waste reduction and hazardous substance use reduction, rendering advice, and making recommendations. No such visit may be regarded as an inspection or investigation, and no notices or citations may be issued, or civil penalty be assessed, upon such a visit. A representative of the director providing advisory or consultative services under this section may not have any enforcement authority.
(3) Consultation and advice given under this section shall be limited to the matters specified in the request and shall include specific techniques of waste reduction and hazardous substance use reduction tailored to the relevant process. In granting any request for advisory or consultative services, the director may provide for an alternative means of affording consultation and advice other than on-site consultation.
(4) Any proprietary information obtained by the director while carrying out the duties required under this section shall remain confidential and shall not be publicized or become part of the database established under RCW
70.95C.060 (as recodified by this act) without written permission of the requesting party.
Sec. 1216. RCW
70.95C.070 and 1988 c 177 s 7 are each amended to read as follows:
(1) The office may administer a waste reduction research and development program. The director may contract with any public or private organization for the purpose of developing methods and technologies that achieve waste reduction. All research performed and all methods or technologies developed as a result of a contract entered into under this section shall become the property of the state and shall be incorporated into the database system established under RCW
70.95C.060 (as recodified by this act).
(2) Any contract entered into under this section shall be awarded only after requests for proposals have been circulated to persons, firms, or organizations who have requested that their names be placed on a proposal list. The director shall establish a proposal list and shall review and evaluate all proposals received.
Sec. 1217. RCW
70.95C.210 and 1990 c 114 s 7 are each amended to read as follows:
A person required to prepare a plan under RCW
70.95C.200 (as recodified by this act) because of the quantity of hazardous waste generated may petition the director to be excused from this requirement. The person must demonstrate to the satisfaction of the director that the quantity of hazardous waste generated was due to unique circumstances not likely to be repeated and that the person is unlikely to generate sufficient hazardous waste to require a plan in the next five years.
Sec. 1218. RCW
70.95C.220 and 2005 c 274 s 338 are each amended to read as follows:
(1) The department may review a plan, executive summary, or an annual progress report to determine whether the plan, executive summary, or annual progress report is adequate pursuant to the rules developed under this section and with the provisions of RCW
70.95C.200 (as recodified by this act). In determining the adequacy of any plan, executive summary, or annual progress report, the department shall base its determination solely on whether the plan, executive summary, or annual progress report is complete and prepared in accordance with the provisions of RCW
70.95C.200 (as recodified by this act).
(2) Plans developed under RCW
70.95C.200 (as recodified by this act) shall be retained at the facility of the hazardous substance user or hazardous waste generator preparing a plan. The plan is not a public record under the public records act, chapter
42.56 RCW. A user or generator required to prepare a plan shall permit the director or a representative of the director to review the plan to determine its adequacy. No visit made by the director or a representative of the director to a facility for the purposes of this subsection may be regarded as an inspection or investigation, and no notices or citations may be issued, nor any civil penalty assessed, upon such a visit.
(3) If a hazardous substance user or hazardous waste generator fails to complete an adequate plan, executive summary, or annual progress report, the department shall notify the user or generator of the inadequacy, identifying specific deficiencies. For the purposes of this section, a deficiency may include failure to develop a plan, failure to submit an executive summary pursuant to the schedule provided in RCW
70.95C.200(5)
(as recodified by this act), and failure to submit an annual progress report pursuant to the rules developed under RCW
70.95C.200(6)
(as recodified by this act). The department shall specify a reasonable time frame, of not less than ninety days, within which the user or generator shall complete a modified plan, executive summary, or annual progress report addressing the specified deficiencies.
(4) If the department determines that a modified plan, executive summary, or annual progress report is inadequate, the department may, within its discretion, either require further modification or enter an order pursuant to subsection (5)(a) of this section.
(5)(a) If, after having received a list of specified deficiencies from the department, a hazardous substance user or hazardous waste generator required to prepare a plan fails to complete modification of a plan, executive summary, or annual progress report within the time period specified by the department, the department may enter an order pursuant to chapter
34.05 RCW finding the user or generator not in compliance with the requirements of RCW
70.95C.200 (as recodified by this act). When the order is final, the department shall notify the department of revenue to charge a penalty fee. The penalty fee shall be the greater of one thousand dollars or three times the amount of the user's or generator's previous year's fee, in addition to the current year's fee. If no fee was assessed the previous year, the penalty shall be the greater of one thousand dollars or three times the amount of the current year's fee. The penalty assessed under this subsection shall be collected each year after the year for which the penalty was assessed until an adequate plan or executive summary is completed.
(b) If a hazardous substance user or hazardous waste generator required to prepare a plan fails to complete an adequate plan, executive summary, or annual progress report after the department has levied against the user or generator the penalty provided in (a) of this subsection, the user or generator shall be required to pay a surcharge to the department whenever the user or generator disposes of a hazardous waste at any hazardous waste incinerator or hazardous waste landfill facility located in Washington state, until a plan, executive summary, or annual progress report is completed and determined to be adequate by the department. The surcharge shall be equal to three times the fee charged for disposal. The department shall furnish the incinerator and landfill facilities in this state with a list of environmental protection agency/state identification numbers of the hazardous waste generators that are not in compliance with the requirements of RCW
70.95C.200 (as recodified by this act).
Sec. 1219. RCW
70.95C.230 and 1990 c 114 s 9 are each amended to read as follows:
A user or generator may appeal from a department order or a surcharge under RCW
70.95C.220 (as recodified by this act) to the pollution control hearings board pursuant to chapter
43.21B RCW.
Sec. 1220. RCW
70.95D.010 and 1995 c 269 s 2801 are each amended to read as follows:
Unless the context clearly requires otherwise the definitions in this section apply throughout this chapter.
(1) "Certificate" means a certificate of competency issued by the director stating that the operator has met the requirements for the specified operator classification of the certification program.
(2) "Department" means the department of ecology.
(3) "Director" means the director of ecology.
(4) "Incinerator" means a facility which has the primary purpose of burning or which is designed with the primary purpose of burning solid waste or solid waste derived fuel, but excludes facilities that have the primary purpose of burning hog fuel.
(5) "Landfill" means a landfill as defined under RCW
70.95.030 (as recodified by this act).
(6) "Owner" means, in the case of a town or city, the city or town acting through its chief executive officer or the lessee if operated pursuant to a lease or contract; in the case of a county, the chief elected official of the county legislative authority or the chief elected official's designee; in the case of a board of public utilities, association, municipality, or other public body, the president or chief elected official of the body or the president's or chief elected official's designee; in the case of a privately owned landfill or incinerator, the legal owner.
(7) "Solid waste" means solid waste as defined under RCW
70.95.030 (as recodified by this act).
Sec. 1221. RCW
70.95E.010 and 1995 c 207 s 1 are each amended to read as follows:
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)))
(1) (as recodified by this act) and shall include those wastes designated as dangerous by rules adopted pursuant to chapter
70.105 RCW
(as recodified by this act).
(2) "Department" means the department of ecology.
(3) "EPA/state identification number" means the number assigned by the EPA (environmental protection agency) or by the department of ecology to each generator and/or transporter and treatment, storage, and/or disposal facility.
(4) "Extremely hazardous waste" shall have the same definition as set forth in RCW
70.105.010((
(6)))
(7) (as recodified by this act) and shall specifically include those wastes designated as extremely hazardous by rules adopted pursuant to chapter
70.105 RCW
(as recodified by this act).
(5) "Fee" means the annual fees imposed under this chapter.
(6) "Generate" means any act or process which produces hazardous waste or first causes a hazardous waste to become subject to regulation.
(7) "Hazardous waste" means and includes all dangerous and extremely hazardous wastes but for the purposes of this chapter excludes all radioactive wastes or substances composed of both radioactive and hazardous components.
(8) "Hazardous waste generator" means all persons whose primary business activities are identified by the department to generate any quantity of hazardous waste in the calendar year for which the fee is imposed.
(9) "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.
(10) "Price deflator" means the United States department of commerce bureau of economic analysis, "Implicit Price Deflator for Gross National Product" for "Government Purchases of Goods and Services," for "State and Local Government."
(11) "Recycled for beneficial use" means the use of hazardous waste, either before or after reclamation, as a substitute for a commercial product or raw material, but does not include: (a) Use constituting disposal; (b) incineration; or (c) use as a fuel.
(12) "Waste generation site" means any geographical area that has been assigned an EPA/state identification number.
Sec. 1222. RCW
70.95E.020 and 1995 c 207 s 2 are each amended to read as follows:
A fee is imposed for the privilege of generating hazardous waste in the state. The annual amount of the fee shall be thirty-five dollars upon every hazardous waste generator doing business in Washington in the current calendar year or any part thereof. This fee shall be collected by the department or its designee. A hazardous waste generator shall be exempt from the fee imposed under this section if the value of products, gross proceeds of sales, or gross income of the business, from all business activities of the hazardous waste generator, is less than twelve thousand dollars in the current calendar year. The department shall, subject to appropriation, use the funds collected from the fees assessed in this subsection to support the activities of the office of waste reduction as specified in RCW
70.95C.030 (as recodified by this act). The fee imposed pursuant to this section is due annually by July 1 of the year following the calendar year for which the fee is imposed.
Sec. 1223. RCW
70.95E.030 and 1994 c 136 s 3 are each amended to read as follows:
Hazardous waste generators and hazardous substance users required to prepare plans under RCW
70.95C.200 (as recodified by this act) shall pay an annual fee to support implementation of RCW
70.95C.200 and
70.95C.040 (as recodified by this act). These fees are to be used by the department, subject to appropriation, for plan review, technical assistance to facilities that are required to prepare plans, other activities related to plan development and implementation, and associated indirect costs. The total fees collected under this subsection shall not exceed the department's costs of implementing RCW
70.95C.200 and
70.95C.040 (as recodified by this act) and shall not exceed one million dollars per year. The annual fee for a facility shall not exceed ten thousand dollars per year. Any facility that generates less than two thousand six hundred forty pounds of hazardous waste per waste generation site in the previous calendar year shall be exempt from the fee imposed by this section. The annual fee for a facility generating at least two thousand six hundred forty pounds but not more than four thousand pounds of hazardous waste per waste generation site in the previous calendar year shall not exceed fifty dollars. A person that develops a plan covering more than one interrelated facility as provided for in RCW
70.95C.200 (as recodified by this act) shall be assessed fees only for the number of plans prepared. The department shall adopt a fee schedule by rule after consultation with typical affected businesses and other interested parties. Hazardous waste generated and recycled for beneficial use, including initial amount of hazardous substances introduced into a process and subsequently recycled for beneficial use, shall not be used in the calculations of hazardous waste generated for purposes of this section.
The annual fee imposed by this section shall be first due on July 1st of the year prior to the year that the facility is required to prepare a plan, and by July 1st of each year thereafter.
Sec. 1224. RCW
70.95E.040 and 1990 c 114 s 14 are each amended to read as follows:
On an annual basis, the department shall adjust the fees provided for in RCW
70.95E.020 and
70.95E.030 (as recodified by this act), including the maximum annual fee, and maximum total fees, by conducting the calculation in subsection (1) of this section and taking the actions set forth in subsection (2) of this section:
(1) In November of each year, the fees, annual fee, and maximum total fees imposed in RCW
70.95E.020 and
70.95E.030 (as recodified by this act), or as subsequently adjusted by this section, shall be multiplied by a factor equal to the most current quarterly "price deflator" available, divided by the "price deflator" used in the numerator the previous year. However, the "price deflator" used in the denominator for the first adjustment shall be defined by the second quarter "price deflator" for 1990.
(2) Each year by March 1st the fee schedule, as adjusted in subsection (1) of this section will be published. The department will round the published fees to the nearest dollar.
Sec. 1225. RCW
70.95E.050 and 1995 c 207 s 3 are each amended to read as follows:
In administration of this chapter for the enforcement and collection of the fees due and owing under RCW
70.95E.020 and
70.95E.030 (as recodified by this act), the department may apply RCW
43.17.240.
Sec. 1226. RCW
70.95E.080 and 1991 sp.s. c 13 s 75 are each amended to read as follows:
The hazardous waste assistance account is hereby created in the state treasury. The following moneys shall be deposited into the hazardous waste assistance account:
(1) Those revenues which are raised by the fees imposed under RCW
70.95E.020 and
70.95E.030 (as recodified by this act);
(2) Penalties and surcharges collected under chapter
70.95C RCW
(as recodified by this act) and this chapter; and
(3) Any other moneys appropriated or transferred to the account by the legislature. Moneys in the hazardous waste assistance account may be spent only for the purposes of this chapter following legislative appropriation.
Sec. 1227. RCW
70.95E.090 and 1995 c 207 s 4 are each amended to read as follows:
The department may use funds in the hazardous waste assistance account to provide technical assistance and compliance education assistance to hazardous substance users and waste generators, to provide grants to local governments, and for administration of this chapter.
Technical assistance may include the activities authorized under chapter
70.95C RCW
(as recodified by this act) and RCW
70.105.170 (as recodified by this act) to encourage hazardous waste reduction and hazardous use reduction and the assistance provided for by RCW
70.105.100(2)
(as recodified by this act).
Compliance education may include the activities authorized under RCW
70.105.100(2)
(as recodified by this act) to train local agency officials and to inform hazardous substance users and hazardous waste generators and owners and operators of hazardous waste management facilities of the requirements of chapter
70.105 RCW
(as recodified by this act) and related federal laws and regulations. To the extent practicable, the department shall contract with private businesses to provide compliance education.
Grants to local governments shall be used for small quantity generator technical assistance and compliance education components of their moderate risk waste plans as required by RCW
70.105.220 (as recodified by this act).
Sec. 1228. RCW
70.95F.020 and 1991 c 319 s 104 are each amended to read as follows:
(1) The provisions of this section and any rules adopted under this section shall be interpreted to conform with nationwide plastics industry standards.
(2) Except as provided in RCW
70.95F.030(2)
(as recodified by this act), after January 1, 1992, no person may distribute, sell, or offer for sale in this state a plastic bottle or rigid plastic container unless the container is labeled with a code identifying the appropriate resin type used to produce the structure of the container. The code shall consist of a number placed within three triangulated arrows and letters placed below the triangle of arrows. The triangulated arrows shall be equilateral, formed by three arrows with the apex of each point of the triangle at the midpoint of each arrow, rounded with a short radius. The pointer (arrowhead) of each arrow shall be at the midpoint of each side of the triangle with a short gap separating the pointer from the base of the adjacent arrow. The triangle, formed by the three arrows curved at their midpoints shall depict a clockwise path around the code number. The numbers and letters used shall be as follows:
(a) 1.= PETE (polyethylene terephthalate)
(b) 2.= HDPE (high density polyethylene)
(c) 3.= V (vinyl)
(d) 4.= LDPE (low density polyethylene)
(e) 5.= PP (polypropylene)
(f) 6.= PS (polystyrene)
(g) 7.= OTHER
Sec. 1229. RCW
70.95F.030 and 1991 c 319 s 105 are each amended to read as follows:
(1) A person who, after written notice from the department, violates RCW
70.95F.020 (as recodified by this act) is subject to a civil penalty of fifty dollars for each violation up to a maximum of five hundred dollars and may be enjoined from continuing violations. Each distribution constitutes a separate offense.
(2) Retailers and distributors shall have two years from May 21, 1991, to clear current inventory, delivered or received and held in their possession as of May 21, 1991.
Sec. 1230. RCW
70.95G.030 and 1991 c 319 s 109 are each amended to read as follows:
All packages and packaging components shall be subject to this chapter except the following:
(1) Those packages or package components with a code indicating date of manufacture that were manufactured prior to May 21, 1991;
(2) Those packages or packaging components that have been purchased by, delivered to, or are possessed by a retailer on or before twenty-four months following May 21, 1991, to permit opportunity to clear existing inventory of the proscribed packaging material;
(3) Those packages or packaging components to which lead, cadmium, mercury, or hexavalent chromium have been added in the manufacturing, forming, printing, or distribution process in order to comply with health or safety requirements of federal law or for which there is no feasible alternative; or
(4) Those packages and packaging components that would not exceed the maximum contaminant levels set forth in RCW
70.95G.020(1)
(as recodified by this act) but for the addition of postconsumer materials; and provided that the exemption for this subsection shall expire six years after May 21, 1991.
Sec. 1231. RCW
70.95G.040 and 2018 c 138 s 3 are each amended to read as follows:
A certificate of compliance stating that a package or packaging component is in compliance with the requirements of this chapter shall be developed by its manufacturer. For food packaging, a manufacturer shall develop a compliance certificate by the date of a prohibition taking effect under RCW
70.95G.070 (as recodified by this act). If compliance is achieved under the exemption or exemptions provided in RCW
70.95G.030 (as recodified by this act), the certificate shall state the specific basis upon which the exemption is claimed. The certificate of compliance shall be signed by an authorized official of the manufacturing company. The certificate of compliance shall be kept on file by the manufacturer for as long as the package or packaging component is in use, and for three years from the date of the last sale or distribution by the manufacturer. Certificates of compliance, or copies thereof, shall be furnished to the department of ecology upon request within sixty days. If manufacturers are required under any other state statute to provide a certificate of compliance, one certificate may be developed containing all required information.
If the manufacturer or supplier of the package or packaging component reformulates or creates a new package or packaging component, the manufacturer shall develop an amended or new certificate of compliance for the reformulated or new package or packaging component.
Sec. 1232. RCW
70.95G.060 and 1991 c 319 s 112 are each amended to read as follows:
The department of ecology may prohibit the sale of any package for which a manufacturer has failed to respond to a request by the department for a certificate of compliance within the allotted period of time pursuant to RCW
70.95G.040 (as recodified by this act).
Sec. 1233. RCW
70.95I.010 and 1991 c 319 s 302 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Rerefining used oil" means the reclaiming of base lube stock from used oil for use again in the production of lube stock. Rerefining used oil does not mean combustion or landfilling.
(2) "Used oil" means (a) lubricating fluids that have been removed from an engine crankcase, transmission, gearbox, hydraulic device, or differential of an automobile, bus, truck, vessel, plane, heavy equipment, or machinery powered by an internal combustion engine; (b) any oil that has been refined from crude oil, used, and as a result of use, has been contaminated with physical or chemical impurities; and (c) any oil that has been refined from crude oil and, as a consequence of extended storage, spillage, or contamination, is no longer useful to the original purchaser. "Used oil" does not include used oil to which hazardous wastes have been added.
(3) "Public used oil collection site" means a site where a used oil collection tank has been placed for the purpose of collecting household generated used oil. "Public used oil collection site" also means a vehicle designed or operated to collect used oil from the public.
(4) "Lubricating oil" means any oil designed for use in, or maintenance of, a vehicle, including, but not limited to, motor oil, gear oil, and hydraulic oil. "Lubricating oil" does not mean petroleum hydrocarbons with a flash point below one hundred degrees Centigrade.
(5) "Vehicle" includes every device physically capable of being moved upon a public or private highway, road, street, watercourse, or trail, and in, upon, or by which any person or property is or may be transported or drawn upon a public or private highway, road, street, watercourse, or trail, except devices moved by human or animal power.
(6) "Department" means the department of ecology.
(7) "Local government" means a city or county developing a local hazardous waste plan under RCW
70.105.220 (as recodified by this act).
Sec. 1234. RCW
70.95I.020 and 2014 c 173 s 1 are each amended to read as follows:
(1) Each local government and its local hazardous waste plan under RCW
70.105.220 (as recodified by this act) is required to include a used oil recycling element. This element shall include:
(a) A plan to reach the local goals for household used oil recycling established by the local government and the department under RCW
70.95I.030 (as recodified by this act). The plan shall, to the maximum extent possible, incorporate voluntary agreements with the private sector and state agencies to provide sites for the collection of used oil. Where provided, the plan shall also incorporate residential collection of used oil;
(b) A plan for enforcing the sign and container ordinances required by RCW
70.95I.040 (as recodified by this act);
(c) A plan for public education on used oil recycling;
(d) A plan for addressing best management practices as provided for under RCW
70.95I.030 (as recodified by this act); and
(e) An estimate of funding needed to implement the requirements of this chapter. This estimate shall include a budget reserve for disposal of contaminated oil detected at any public used oil collection site administered by the local government.
(2) By July 1, 1993, each local government or combination of contiguous local governments shall submit its used oil recycling element to the department. The department shall approve or disapprove the used oil recycling element by January 1, 1994, or within ninety days of submission, whichever is later. The department shall approve or disapprove the used oil recycling element if it determines that the element is consistent with this chapter and the guidelines developed by the department under RCW
70.95I.030 (as recodified by this act).
(3) Each local government, or combination of contiguous local governments, shall submit an annual statement to the department describing the number of used oil collection sites and the quantity of household used oil recycled for the jurisdiction during the previous calendar year. The first statement shall be due April 1, 1994. Subsequent statements shall be due April 1st of each year.
(4) Nothing in this section shall be construed to require a city or county to construct or operate a public used oil collection site.
Sec. 1235. RCW
70.95I.030 and 2014 c 173 s 2 are each amended to read as follows:
(1) The department shall, in consultation with local governments, maintain guidelines for the used oil recycling elements required by RCW
70.95I.020 (as recodified by this act) and, by July 1, 2015, shall develop best management practices for preventing and managing polychlorinated biphenyl contamination at public used oil collection sites.
(a) The guidelines shall:
(i) Require development of local collection and rerefining goals for household used oil for each entity preparing a used oil recycling element under RCW
70.95I.020 (as recodified by this act);
(ii) Require local government to recommend the number of used oil collection sites needed to meet the local goals. The department shall establish criteria regarding minimum levels of used oil collection sites;
(iii) Require local government to identify locations suitable as public used oil collection sites as described under RCW
70.95I.020(1)(a)
(as recodified by this act).
(b) The best management practices for preventing and managing polychlorinated biphenyl contamination at public used oil collection sites must include, at a minimum:
(i) Tank testing requirements;
(ii) Contaminated tank labeling and security measures;
(iii) Contaminated tank cleanup standards;
(iv) Proper contaminated used oil disposal as required under chapter
70.105 RCW
(as recodified by this act) and 40 C.F.R. Part 761;
(v) Spill control measures; and
(vi) Model contract language for contracts with used oil collection vendors.
(2) The department may waive all or part of the specific requirements of RCW
70.95I.020 (as recodified by this act) if a local government demonstrates to the satisfaction of the department that the objectives of this chapter have been met.
(3) The department may prepare and implement a used oil recycling plan for any local government failing to complete the used oil recycling element of the plan.
(4) The department shall develop statewide collection and rerefining goals for household used oil for each calendar year beginning with calendar year 1994. Goals shall be based on the estimated statewide collection and rerefining rate for calendar year 1993, and shall increase each year until calendar year 1996, when the rate shall be eighty percent.
(5) By July 1, 2015, the department shall update the guidelines establishing statewide equipment and operating standards for public used oil collection sites. The updated guidelines must include the best management practices for prevention and management of contaminated used oil developed pursuant to subsection (1) of this section and a process for how to petition the legislature for relief of extraordinary costs incurred with the management and disposal of contaminated used oil. In addition, the standards shall:
(a) Allow the use of used oil collection igloos and other types of portable used oil collection tanks;
(b) Prohibit the disposal of nonhousehold-generated used oil;
(c) Limit the amount of used oil deposited to five gallons per household per day;
(d) Ensure adequate protection against leaks and spills; and
(e) Include other requirements deemed appropriate by the department.
Sec. 1236. RCW
70.95I.040 and 1991 c 319 s 305 are each amended to read as follows:
(1) A person annually selling one thousand or more gallons of lubricating oil to ultimate consumers for use or installation off the premises, or five hundred or more vehicle oil filters to ultimate consumers for use or installation off the premises within a city or county having an approved used oil recycling element, shall:
(a) Post and maintain at or near the point of sale, durable and legible signs informing the public of the importance of used oil recycling and how and where used oil may be properly recycled; and
(b) Provide for sale at or near the display location of the lubricating oil or vehicle oil filters, household used oil recycling containers. The department shall design and print the signs required by this section, and shall make them available to local governments and retail outlets.
(2) A person, who, after notice, violates this section is guilty of a misdemeanor and on conviction is subject to a fine not to exceed one thousand dollars.
(3) The department is responsible for notifying retailers subject to this section.
(4) A city or county may adopt household used oil recycling container standards in order to ensure compatibility with local recycling programs.
(5) Each local government preparing a used oil recycling element of a local hazardous waste plan pursuant to RCW
70.95I.020 (as recodified by this act) shall adopt ordinances within its jurisdiction to enforce subsections (1) and (4) of this section.
Sec. 1237. RCW
70.95I.060 and 1991 c 319 s 307 are each amended to read as follows:
(1) Effective January 1, 1992, the use of used oil for dust suppression or weed abatement is prohibited.
(2) Effective July 1, 1992, no person may sell or distribute absorbent-based kits, intended for home use, as a means for collecting, recycling, or disposing of used oil.
(3) Effective January 1, 1994, no person may knowingly dispose of used oil except by delivery to a person collecting used oil for recycling, treatment, or disposal, subject to the provisions of this chapter and chapter
70.105 RCW
(as recodified by this act).
(4) Effective January 1, 1994, no owner or operator of a solid waste landfill may knowingly accept used oil for disposal in the landfill.
(5) A person who violates this section is guilty of a misdemeanor.
Sec. 1238. RCW
70.95I.070 and 1991 c 319 s 308 are each amended to read as follows:
(1) By January 1, 1993, the department shall adopt rules requiring any transporter of used oil to comply with minimum notification, invoicing, recordkeeping, and reporting requirements. For the purpose of this section, a transporter means a person engaged in the off-site transportation of used oil in quantities greater than twenty-five gallons per day.
(2) By January 1, 1993, the department shall adopt minimum standards for used oil that is blended into fuels. Standards shall, at a minimum, establish testing and recordkeeping requirements. Unless otherwise exempted, a processor is any person involved in the marketing, blending, mixing, or processing of used oil to produce fuel to be burned for energy recovery.
(3) Any person who knowingly transports used oil without meeting the requirements of this section shall be subject to civil penalties under chapter
70.105 RCW
(as recodified by this act).
(4) Rules developed under this section shall not require a manifest from individual residences served by a waste oil curbside collection program.
Sec. 1239. RCW
70.95J.010 and 1992 c 174 s 3 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Biosolids" means municipal sewage sludge that is a primarily organic, semisolid product resulting from the wastewater treatment process, that can be beneficially recycled and meets all requirements under this chapter. For the purposes of this chapter, "biosolids" includes septic tank sludge, also known as septage, that can be beneficially recycled and meets all requirements under this chapter.
(2) "Department" means the department of ecology.
(3) "Local health department" has the same meaning as "jurisdictional health department" in RCW
70.95.030 (as recodified by this act).
(4) "Municipal sewage sludge" means a semisolid substance consisting of settled sewage solids combined with varying amounts of water and dissolved materials generated from a publicly owned wastewater treatment plant.
Sec. 1240. RCW
70.95J.090 and 1992 c 174 s 11 are each amended to read as follows:
(1) Any permit issued by a local health department under RCW
70.95J.080 (as recodified by this act) may be reviewed by the department to ensure that the proposed site or facility conforms with all applicable laws, rules, and standards under this chapter.
(2) If the department does not approve or disapprove a permit within sixty days, the permit shall be considered approved.
(3) A local health department may appeal the department's decision to disapprove a permit to the pollution control hearings board, as provided in chapter
43.21B RCW.
Sec. 1241. RCW
70.95K.010 and 2019 c 432 s 32 are each amended to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Biomedical waste" means, and is limited to, the following types of waste:
(a) "Animal waste" is waste animal carcasses, body parts, and bedding of animals that are known to be infected with, or that have been inoculated with, human pathogenic microorganisms infectious to humans.
(b) "Biosafety level 4 disease waste" is waste contaminated with blood, excretions, exudates, or secretions from humans or animals who are isolated to protect others from highly communicable infectious diseases that are identified as pathogenic organisms assigned to biosafety level 4 by the centers for disease control, national institute of health, biosafety in microbiological and biomedical laboratories, current edition.
(c) "Cultures and stocks" are wastes infectious to humans and includes specimen cultures, cultures and stocks of etiologic agents, wastes from production of biologicals and serums, discarded live and attenuated vaccines, and laboratory waste that has come into contact with cultures and stocks of etiologic agents or blood specimens. Such waste includes but is not limited to culture dishes, blood specimen tubes, and devices used to transfer, inoculate, and mix cultures.
(d) "Human blood and blood products" is discarded waste human blood and blood components, and materials containing free-flowing blood and blood products.
(e) "Pathological waste" is waste human source biopsy materials, tissues, and anatomical parts that emanate from surgery, obstetrical procedures, and autopsy. "Pathological waste" does not include teeth, human corpses, remains, and anatomical parts that are intended for final disposition.
(f) "Sharps waste" is all hypodermic needles, syringes with needles attached, IV tubing with needles attached, scalpel blades, and lancets that have been removed from the original sterile package.
(2) "Local government" means city, town, or county.
(3) "Local health department" means the city, county, city-county, or district public health department.
(4) "Person" means an individual, firm, corporation, association, partnership, consortium, joint venture, commercial entity, state government agency, or local government.
(5) "Treatment" means incineration, sterilization, or other method, technique, or process that changes the character or composition of a biomedical waste so as to minimize the risk of transmitting an infectious disease.
(6) "Residential sharps waste" has the same meaning as "sharps waste" in subsection (1) of this section except that the sharps waste is generated and prepared for disposal at a residence, apartment, dwelling, or other noncommercial habitat.
(7) "Sharps waste container" means a leak-proof, rigid, puncture-resistant red container that is taped closed or tightly lidded to prevent the loss of the residential sharps waste.
(8) "Mail programs" means those programs that provide sharps users with a multiple barrier protection kit for the placement of a sharps container and subsequent mailing of the wastes to an approved disposal facility.
(9) "Pharmacy return programs" means those programs where sharps containers are returned by the user to designated return sites located at a pharmacy to be transported by a biomedical or solid waste collection company approved by the utilities and transportation commission.
(10) "Drop-off programs" means those program sites designated by the solid waste planning jurisdiction where sharps users may dispose of their sharps containers.
(11) "Source separation" has the same meaning as in RCW
70.95.030 (as recodified by this act).
(12) "Unprotected sharps" means residential sharps waste that are not disposed of in a sharps waste container.
Sec. 1242. RCW
70.95K.011 and 1992 c 14 s 3 are each amended to read as follows:
The definition of biomedical waste set forth in RCW
70.95K.010 (as recodified by this act) shall be the sole state definition for biomedical waste within the state, and shall preempt biomedical waste definitions established by a local health department or local government.
Sec. 1243. RCW
70.95L.010 and 1993 c 118 s 2 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW
70.95L.005 through
70.95L.030 (as recodified by this act).
(1) "Department" means the department of ecology.
(2) "Dishwashing detergent" means a cleaning agent sold, used, or manufactured for the purpose of cleaning dishes, whether by hand or by household machine.
(3) "Laundry detergent" means a cleaning agent sold, used, or manufactured for the purpose of cleaning laundry, whether by hand or by household machine.
(4) "Person" means an individual, firm, association, copartnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever.
(5) "Phosphorus" means elemental phosphorus.
Sec. 1244. RCW
70.95L.040 and 1993 c 118 s 5 are each amended to read as follows:
The attorney general or appropriate city or county prosecuting attorney is authorized to bring an appropriate action to enjoin any violation of the provisions of RCW
70.95L.020 (as recodified by this act).
Sec. 1245. RCW
70.95M.080 and 2019 c 422 s 405 are each amended to read as follows:
A violation of this chapter is punishable by a civil penalty not to exceed one thousand dollars for each violation in the case of a first violation. Repeat violators are liable for a civil penalty not to exceed five thousand dollars for each repeat violation. Penalties collected under this section must be deposited in the model toxics control operating account created in RCW
70.105D.190 (as recodified by this act).
Sec. 1246. RCW
70.95M.110 and 2003 c 260 s 13 are each amended to read as follows:
Nothing in RCW
70.95M.020,
70.95M.050 (1), (3), or (4), or
70.95M.060 (as recodified by this act) applies to medical equipment or reagents used in medical or research tests regulated by the food and drug administration under the federal food, drug, and cosmetic act (21 U.S.C. Sec. 301 et seq.).
Sec. 1247. RCW
70.95N.020 and 2013 c 305 s 1 are each reenacted and amended to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Authority" means the Washington materials management and financing authority created under RCW
70.95N.280 (as recodified by this act).
(2) "Authorized party" means a manufacturer who submits an individual independent plan or the entity authorized to submit an independent plan for more than one manufacturer.
(3) "Board" means the board of directors of the Washington materials management and financing authority created under RCW
70.95N.290 (as recodified by this act).
(4) "Collector" means an entity licensed to do business in the state that gathers unwanted covered electronic products from households, small businesses, school districts, small governments, and charities for the purpose of recycling and meets minimum standards that may be developed by the department.
(5) "Contract for services" means an instrument executed by the authority and one or more persons or entities that delineates collection, transportation, and recycling services, in whole or in part, that will be provided to the citizens of the state within service areas as described in the approved standard plan.
(6) "Covered electronic product" includes a cathode ray tube or flat panel computer monitor having a viewable area greater than four inches when measured diagonally, a desktop computer, a laptop or a portable computer, or a cathode ray tube or flat panel television having a viewable area greater than four inches when measured diagonally that has been used in the state by any covered entity regardless of original point of purchase. "Covered electronic product" does not include: (a) A motor vehicle or replacement parts for use in motor vehicles or aircraft, or any computer, computer monitor, or television that is contained within, and is not separate from, the motor vehicle or aircraft; (b) monitoring and control instruments or systems; (c) medical devices; (d) products including materials intended for use as ingredients in those products as defined in the federal food, drug, and cosmetic act (21 U.S.C. Sec. 301 et seq.) or the virus-serum-toxin act of 1913 (21 U.S.C. Sec. 151 et seq.), and regulations issued under those acts; (e) equipment used in the delivery of patient care in a health care setting; (f) a computer, computer monitor, or television that is contained within a clothes washer, clothes dryer, refrigerator, refrigerator and freezer, microwave oven, conventional oven or range, dishwasher, room air conditioner, dehumidifier, or air purifier; or (g) handheld portable voice or data devices used for commercial mobile services as defined in 47 U.S.C. Sec. 332 (d)(1).
(7) "Covered entity" means any household, charity, school district, small business, or small government located in Washington state.
(8) "Curbside service" means a collection service providing regularly scheduled pickup of covered electronic products from households or other covered entities in quantities generated from households.
(9) "Department" means the department of ecology.
(10) "Electronic product" includes a cathode ray tube or flat panel computer monitor having a viewable area greater than four inches when measured diagonally; a desktop computer; a laptop or a portable computer; or a cathode ray tube or flat screen television having a viewable area greater than four inches when measured diagonally.
(11) "Equivalent share" means the weight in pounds of covered electronic products identified for an individual manufacturer under this chapter as determined by the department under RCW
70.95N.200 (as recodified by this act).
(12) "Household" means a single detached dwelling unit or a single unit of a multiple dwelling unit and appurtenant structures.
(13) "Independent plan" means a plan for the collection, transportation, and recycling of unwanted covered electronic products that is developed, implemented, and financed by an individual manufacturer or by an authorized party.
(14) "Manufacturer" means any person, in business or no longer in business but having a successor in interest, who, irrespective of the selling technique used, including by means of distance or remote sale:
(a) Manufactures or has manufactured a covered electronic product under its own brand names for sale in or into this state;
(b) Assembles or has assembled a covered electronic product that uses parts manufactured by others for sale in or into this state under the assembler's brand names;
(c) Resells or has resold in or into this state under its own brand names a covered electronic product produced by other suppliers, including retail establishments that sell covered electronic products under their own brand names;
(d) Manufactures or manufactured a cobranded product for sale in or into this state that carries the name of both the manufacturer and a retailer;
(e) Imports or has imported a covered electronic product into the United States that is sold in or into this state. However, if the imported covered electronic product is manufactured by any person with a presence in the United States meeting the criteria of manufacturer under (a) through (d) of this subsection, that person is the manufacturer. For purposes of this subsection, "presence" means any person that performs activities conducted under the standards established for interstate commerce under the commerce clause of the United States Constitution;
(f) Sells at retail a covered electronic product acquired from an importer that is the manufacturer as described in (e) of this subsection, and elects to register in lieu of the importer as the manufacturer for those products; or
(g) Beginning in program year 2016, elects to assume the responsibility and register in lieu of a manufacturer as defined under this section. In the event the entity who assumes responsibility fails to comply, the manufacturer as defined under (a) through (f) of this subsection remains fully responsible.
(15) "Market share" means the percentage of covered electronic products by weight identified for an individual manufacturer, as determined by the department under RCW
70.95N.190 (as recodified by this act).
(16) "New entrant" means: (a) A manufacturer of televisions that have been sold in the state for less than ten years; or (b) a manufacturer of desktop computers, laptop and portable computers, or computer monitors that have been sold in the state for less than five years. However, a manufacturer of both televisions and computers or a manufacturer of both televisions and computer monitors that is deemed a new entrant under either only (a) or (b) of this subsection is not considered a new entrant for purposes of this chapter.
(17) "Orphan product" means a covered electronic product that lacks a manufacturer's brand or for which the manufacturer is no longer in business and has no successor in interest.
(18) "Plan's equivalent share" means the weight in pounds of covered electronic products for which a plan is responsible. A plan's equivalent share is equal to the sum of the equivalent shares of each manufacturer participating in that plan.
(19) "Plan's market share" means the sum of the market shares of each manufacturer participating in that plan.
(20) "Plan's return share" means the sum of the return shares of each manufacturer participating in that plan.
(21) "Premium service" means services such as at-location system upgrade services provided to covered entities and at-home pickup services offered to households. "Premium service" does not include curbside service.
(22) "Processor" means an entity engaged in disassembling, dismantling, or shredding electronic products to recover materials contained in the electronic products and prepare those materials for reclaiming or reuse in new products in accordance with processing standards established by this chapter and by the department. A processor may also salvage parts to be used in new products.
(23) "Product type" means one of the following categories: Computer monitors; desktop computers; laptop and portable computers; and televisions.
(24) "Program" means the collection, transportation, and recycling activities conducted to implement an independent plan or the standard plan.
(25) "Program year" means each full calendar year after the program has been initiated.
(26) "Recycling" means transforming or remanufacturing unwanted electronic products, components, and by-products into usable or marketable materials for use other than landfill disposal or incineration. "Recycling" does not include energy recovery or energy generation by means of combusting unwanted electronic products, components, and by-products with or without other waste. Smelting of electronic materials to recover metals for reuse in conformance with all applicable laws and regulations is not considered disposal or energy recovery.
(27) "Retailer" means a person who offers covered electronic products for sale at retail through any means including, but not limited to, remote offerings such as sales outlets, catalogs, or the internet, but does not include a sale that is a wholesale transaction with a distributor or a retailer.
(28) "Return share" means the percentage of covered electronic products by weight identified for an individual manufacturer, as determined by the department under RCW
70.95N.190 (as recodified by this act).
(29) "Reuse" means any operation by which an electronic product or a component of a covered electronic product changes ownership and is used for the same purpose for which it was originally purchased.
(30) "Small business" means a business employing less than fifty people.
(31) "Small government" means a city in the state with a population less than fifty thousand, a county in the state with a population less than one hundred twenty-five thousand, and special purpose districts in the state.
(32) "Standard plan" means the plan for the collection, transportation, and recycling of unwanted covered electronic products developed, implemented, and financed by the authority on behalf of manufacturers participating in the authority.
(33) "Transporter" means an entity that transports covered electronic products from collection sites or services to processors or other locations for the purpose of recycling, but does not include any entity or person that hauls their own unwanted electronic products.
(34) "Unwanted electronic product" means a covered electronic product that has been discarded or is intended to be discarded by its owner.
(35) "White box manufacturer" means a person who manufactured unbranded covered electronic products offered for sale in the state within ten years prior to a program year for televisions or within five years prior to a program year for desktop computers, laptop or portable computers, or computer monitors.
Sec. 1248. RCW
70.95N.040 and 2013 c 305 s 2 are each amended to read as follows:
(1) By January 1, 2007, and annually thereafter, each manufacturer must register with the department.
(2) A manufacturer must submit to the department with each registration or annual renewal a fee to cover the administrative costs of this chapter as determined by the department under RCW
70.95N.230 (as recodified by this act).
(3) The department shall review the registration or renewal application and notify the manufacturer if their registration does not meet the requirements of this section. Within thirty days of receipt of such a notification from the department, the manufacturer must file with the department a revised registration addressing the requirements noted by the department.
(4) The registration must include the following information:
(a) The name and contact information of the manufacturer submitting the registration;
(b) The manufacturer's brand names of covered electronic products, including all brand names sold in the state in the past, all brand names currently being sold in the state, and all brand names for which the manufacturer has legal responsibility under RCW
70.95N.100 (as recodified by this act);
(c) The method or methods of sale used in the state; and
(d) Whether the registrant will be participating in the standard plan or submitting an independent plan to the department for approval.
(5) The registrant shall submit any changes to the information provided in the registration to the department within fourteen days of such change.
(6) The department shall identify, using all reasonable means, manufacturers that are in business or that are no longer in business but that have a successor in interest by examining best available return share data, product advertisements, and other pertinent data. The department shall notify manufacturers that have been identified and for whom an address has been found of the requirements of this chapter, including registration and plan requirements under this section and RCW
70.95N.050 (as recodified by this act).
Sec. 1249. RCW
70.95N.060 and 2006 c 183 s 6 are each amended to read as follows:
(1) All initial independent plans and the initial standard plan required under RCW
70.95N.050 (as recodified by this act) must be submitted to the department by February 1, 2008. The department shall review each independent plan and the standard plan.
(2) The authority submitting the standard plan and each authorized party submitting an independent plan to the department must pay a fee to the department to cover the costs of administering and implementing this chapter. The department shall set the fees as described under RCW
70.95N.230 (as recodified by this act).
(3) The fees in subsection (2) of this section apply to the initial plan submission and plan updates and revisions required in RCW
70.95N.070 (as recodified by this act).
(4) Within ninety days after receipt of a plan, the department shall determine whether the plan complies with this chapter. If the plan is approved, the department shall send a letter of approval. If a plan is rejected, the department shall provide the reasons for rejecting the plan to the authority or authorized party. The authority or authorized party must submit a new plan within sixty days after receipt of the letter of disapproval.
(5) An independent plan and the standard plan must contain the following elements:
(a) Contact information for the authority or authorized party and a comprehensive list of all manufacturers participating in the plan and their contact information;
(b) A description of the collection, transportation, and recycling systems and service providers used, including a description of how the authority or authorized party will:
(i) Seek to use businesses within the state, including retailers, charities, processors, and collection and transportation services;
(ii) Fairly compensate collectors for providing collection services; and
(iii) Fairly compensate processors for providing processing services;
(c) The method or methods for the reasonably convenient collection of all product types of covered electronic products in rural and urban areas throughout the state, including how the plan will provide for collection services in each county of the state and for a minimum of one collection site or alternate collection service for each city or town with a population greater than ten thousand. A collection site for a county may be the same as a collection site for a city or town in the county;
(d) A description of how the plan will provide service to small businesses, small governments, charities, and school districts in Washington;
(e) The processes and methods used to recycle covered electronic products including a description of the processing that will be used and the facility location;
(f) Documentation of audits of each processor used in the plan and compliance with processing standards established under RCW
70.95N.250 ((
and section 26 of this act))
(as recodified by this act);
(g) A description of the accounting and reporting systems that will be employed to track progress toward the plan's equivalent share;
(h) A timeline describing start-up, implementation, and progress towards milestones with anticipated results;
(i) A public information campaign to inform consumers about how to recycle their covered electronic products at the end of the product's life; and
(j) A description of how manufacturers participating in the plan will communicate and work with processors utilized by that plan to promote and encourage design of electronic products and their components for recycling.
(6) The standard plan shall address how it will incorporate and fairly compensate registered collectors providing curbside or premium services such that they are not compensated at a lower rate for collection costs than the compensation offered other collectors providing drop-off collection sites in that geographic area.
(7) All transporters, collectors, and processors used to fulfill the requirements of this section must be registered as described in RCW
70.95N.240 (as recodified by this act).
Sec. 1250. RCW
70.95N.070 and 2006 c 183 s 7 are each amended to read as follows:
(1) An independent plan and the standard plan must be updated at least every five years and as required in (a) and (b) of this subsection.
(a) If the program fails to provide service in each county in the state or meet other plan requirements, the authority or authorized party shall submit to the department within sixty days of failing to provide service an updated plan addressing how the program will be adjusted to meet the program geographic coverage and collection service requirements established in RCW
70.95N.090 (as recodified by this act).
(b) The authority or authorized party shall notify the department of any modification to the plan. If the department determines that the authority or authorized party has significantly modified the program described in the plan, the authority or authorized party shall submit a revised plan describing the changes to the department within sixty days of notification by the department.
(2) Within sixty days after receipt of a revised plan, the department shall determine whether the revised plan complies with this chapter. If the revised plan is approved, the department shall send a letter of approval. If the revised plan is rejected, the department shall provide the reasons for rejecting the plan to the authority or authorized party. The authority or authorized party must submit a new plan revision within sixty days after receipt of the letter of disapproval.
(3) The authority or authorized parties may buy and sell collected covered electronic products with other programs without submitting a plan revision for review.
Sec. 1251. RCW
70.95N.080 and 2006 c 183 s 8 are each amended to read as follows:
(1) A manufacturer participating in an independent plan may join the standard plan by notifying the authority and the department of its intention at least five months prior to the start of the next program year.
(2) Manufacturers may not change from one plan to another plan during a program year.
(3) A manufacturer participating in the standard plan wishing to implement or participate in an independent plan may do so by complying with rules adopted by the department under RCW
70.95N.230 (as recodified by this act).
Sec. 1252. RCW
70.95N.130 and 2006 c 183 s 13 are each amended to read as follows:
(1) The electronic products recycling account is created in the custody of the state treasurer. All payments resulting from plans not reaching their equivalent share, as described in RCW
70.95N.220 (as recodified by this act), shall be deposited into the account. Any moneys collected for manufacturer registration fees, fees associated with reviewing and approving plans and plan revisions, and penalties levied under this chapter shall be deposited into the account.
(2) Only the director of the department or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter
43.88 RCW, but an appropriation is not required for expenditures.
(3) Moneys in the account may be used solely by the department for the purposes of fulfilling department responsibilities specified in this chapter and for expenditures to the authority and authorized parties resulting from plans exceeding their equivalent share, as described in RCW
70.95N.220 (as recodified by this act). Funds in the account may not be diverted for any purpose or activity other than those specified in this section.
Sec. 1253. RCW
70.95N.140 and 2013 c 305 s 6 and 2013 c 292 s 1 are each reenacted and amended to read as follows:
(1) By March 1st of the second program year and each program year thereafter, the authority and each authorized party shall file with the department an annual report for the preceding program year.
(2) The annual report must include the following information:
(a) The total weight in pounds of each type of covered electronic products collected and recycled, by county, during the preceding program year including documentation verifying collection and processing of that material. The total weight in pounds includes orphan products. The report must also indicate and document the weight in pounds received from each nonprofit charitable organization primarily engaged in the business of reuse and resale used by the plan. The report must document the weight in pounds that were received in large quantities from small businesses, small governments, charities and school districts as described in RCW
70.95N.090(5)
(as recodified by this act);
(b) The collection services provided in each county and for each city with a population over ten thousand including a list of all collection sites and services operating in the state in the prior program year and the parties who operated them;
(c)(i) A list of processors used, the weight of covered electronic products processed by each direct processor, and a description of the processes and methods used to recycle the covered electronic products including a description of the processing and facility locations. The report must also include a list of subcontractors who further processed or recycled unwanted covered electronic products or electronic components, including facility locations.
(ii) An estimate of the weight of each type of material recovered as a result of the processing of recycled covered electronic products. Recovered materials catalogued under this subsection must include, at a minimum: Cathode ray tube glass, circuit boards, batteries, mercury-containing devices, plastics, and metals.
(iii) An estimate of the percentage, by weight, of all collected products that ultimately are reused, recycled, or end up as residual waste that is disposed of in another manner;
(d) Educational and promotional efforts that were undertaken;
(e) For program years 2009 through 2014, the results of sampling and sorting as required in RCW
70.95N.110 (as recodified by this act), including a list of the brand names of covered electronic products by product type, the number of covered electronic products by product type, the weight of covered electronic products that are identified for each brand name or that lack a manufacturer's brand, and the total weight of the sample by product type;
(f) The list of manufacturers that are participating in the standard plan;
(g) A description of program revenues and costs, including: (i) The total cost of the program; and (ii) the average cost of the program per pound of covered electronic product collected;
(h) A detailed accounting of the following costs of the program: (i) Program delivery, including: (A) Education and promotional efforts; (B) collection; (C) transportation; and (D) processing and labor; and (ii) program administration;
(i) A description of the methods used by the program to collect, transport, recycle, and process covered electronic products; and
(j) Any other information deemed necessary by the department.
(3) The department shall review each report within ninety days of its submission and shall notify the authority or authorized party of any need for additional information or documentation, or any deficiency in its program.
(4) All reports submitted to the department must be available to the general public through the internet. Proprietary information submitted to the department under this chapter is exempt from public disclosure under RCW
42.56.270.
Sec. 1254. RCW
70.95N.170 and 2006 c 183 s 17 are each amended to read as follows:
No person may sell or offer for sale a covered electronic product to any person in this state unless the manufacturer of the covered electronic product has filed a registration with the department under RCW
70.95N.040 (as recodified by this act) and is participating in an approved plan under RCW
70.95N.050 (as recodified by this act). A person that sells or offers for sale a covered electronic product in the state shall consult the department's web site for lists of manufacturers with registrations and approved plans prior to selling a covered electronic product in the state. A person is considered to have complied with this section if on the date the product was ordered from the manufacturer or its agent, the manufacturer was listed as having registered and having an approved plan on the department's web site.
Sec. 1255. RCW
70.95N.180 and 2013 c 305 s 7 are each amended to read as follows:
(1) The department shall maintain on its web site the following information:
(a) The names of the manufacturers and the manufacturer's brands that are registered with the department under RCW
70.95N.040 (as recodified by this act);
(b) The names of the manufacturers and the manufacturer's brands that are participating in an approved plan under RCW
70.95N.050 (as recodified by this act);
(c) The names and addresses of the collectors and transporters that are listed in registrations filed with the department under RCW
70.95N.240 (as recodified by this act);
(d) The names and addresses of the processors used to fulfill the requirements of the plans;
(e) For program years 2009 through 2015, return and equivalent shares for all manufacturers.
(2) The department shall update this web site information promptly upon receipt of a registration or a report.
Sec. 1256. RCW
70.95N.190 and 2013 c 305 s 8 are each amended to read as follows:
(1) For program years 2009 through 2015, the department shall determine the return share for each manufacturer in the standard plan or an independent plan by dividing the weight of covered electronic products identified for each manufacturer by the total weight of covered electronic products identified for all manufacturers in the standard plan or an independent plan, then multiplying the quotient by one hundred.
(2) For the first program year, the department shall determine the return share for such manufacturers using all reasonable means and based on best available information regarding return share data from other states and other pertinent data.
(3) For 2014, the department shall determine the return share for such manufacturers using all reasonable means and based on the most recent sampling of covered electronic products conducted in the state under RCW
70.95N.110 (as recodified by this act).
(4)(a) For program year 2016 and all subsequent program years, the department shall determine market share by weight for all manufacturers using any combination of the following data:
(i) Generally available market research data;
(ii) Sales data supplied by manufacturers for brands they manufacture or sell; or
(iii) Sales data provided by retailers for brands they sell.
(b) The department shall determine each manufacturer's percentage of market share by dividing each manufacturer's total pounds of covered electronic products sold in Washington by the sum total of all pounds of covered electronic products sold in Washington by all manufacturers.
(5) Data reported by manufacturers under subsection (4) of this section is exempt from public disclosure under chapter
42.56 RCW.
Sec. 1257. RCW
70.95N.200 and 2013 c 305 s 9 are each amended to read as follows:
(1) For program years 2009 through 2015, the department shall determine the total equivalent share for each manufacturer in the standard plan or an independent plan by dividing the return share percentage for each manufacturer by one hundred, then multiplying the quotient by the total weight in pounds of covered electronic products collected for that program year, allowing as needed for the additional credit authorized in subsection (3) of this section. For program year 2016 and all subsequent program years, the department shall determine the total equivalent share for each manufacturer in the standard plan or an independent plan by dividing the market share percentage for each manufacturer by one hundred, then multiplying the quotient by the total weight in pounds of covered electronic products collected for that program year, allowing as needed for the additional credit authorized in subsection (3) of this section.
(2)(a) By June 1st of each program year, the department shall notify each manufacturer of the manufacturer's equivalent share of covered electronic products to be applied to the previous program year. The department shall also notify each manufacturer of how its equivalent share was determined.
(b) By June 1st of each program year, the department shall bill any authorized party or authority that has not attained its plan's equivalent share as determined under RCW
70.95N.220 (as recodified by this act). The authorized party or authority shall remit payment to the department within sixty days from the billing date.
(c) By September 1st of each program year, the department shall pay any authorized party or authority that exceeded its plan's equivalent share.
(3) Plans that utilize the collection services of nonprofit charitable organizations that qualify for a taxation exemption under section 501(c)(3) of the internal revenue code of 1986 (26 U.S.C. Sec. 501(c)(3)) that are primarily engaged in the business of reuse and resale must be given an additional five percent credit to be applied toward a plan's equivalent share for pounds that are received for recycling from those organizations. The department may adjust the percentage of credit annually.
Sec. 1258. RCW
70.95N.230 and 2013 c 305 s 11 are each amended to read as follows:
(1) The department shall adopt rules to determine the process for manufacturers to change plans under RCW
70.95N.080 (as recodified by this act).
(2) The department shall establish annual registration and plan review fees for administering this chapter. An initial fee schedule must be established by rule and be adjusted no more often than once every two years. All fees charged must be based on factors relating to administering this chapter and be based on a sliding scale that is representative of annual sales of covered electronic products in the state, either by weight or unit, or by representative market share. Fees must be established in amounts to fully recover and not to exceed expenses incurred by the department to implement this chapter.
(3) The department shall establish an annual process for local governments and local communities to report their satisfaction with the services provided by plans under this chapter. This information must be used by the department in reviewing plan updates and revisions.
(4) The department may adopt rules as necessary for the purpose of implementing, administering, and enforcing this chapter.
Sec. 1259. RCW
70.95N.260 and 2006 c 183 s 27 are each amended to read as follows:
(1) No manufacturer may sell or offer for sale a covered electronic product in or into the state unless the manufacturer of the covered electronic product is participating in an approved plan. The department shall send a written warning to a manufacturer that does not have an approved plan or is not participating in an approved plan as required under RCW
70.95N.050 (as recodified by this act). The written warning must inform the manufacturer that it must participate in an approved plan within thirty days of the notice. Any violation after the initial written warning shall be assessed a penalty of up to ten thousand dollars for each violation.
(2) If the authority or any authorized party fails to implement their approved plan, the department must assess a penalty of up to five thousand dollars for the first violation along with notification that the authority or authorized party must implement its plan within thirty days of the violation. After thirty days, the authority or any authorized party failing to implement their approved plan must be assessed a penalty of up to ten thousand dollars for the second and each subsequent violation.
(3) Any person that does not comply with manufacturer registration requirements under RCW
70.95N.040 (as recodified by this act), education and outreach requirements under RCW
70.95N.120 (as recodified by this act), reporting requirements under RCW
70.95N.140 (as recodified by this act), labeling requirements under RCW
70.95N.160 (as recodified by this act), retailer responsibility requirements under RCW
70.95N.170 (as recodified by this act), collector or transporter registration requirements under RCW
70.95N.240 (as recodified by this act), or requirements under RCW
70.95N.250 ((
and section 26 of this act))
(as recodified by this act), must first receive a written warning including a copy of the requirements under this chapter and thirty days to correct the violation. After thirty days, a person must be assessed a penalty of up to one thousand dollars for the first violation and up to two thousand dollars for the second and each subsequent violation.
(4) All penalties levied under this section must be deposited into the electronic products recycling account created under RCW
70.95N.130 (as recodified by this act).
(5) The department shall enforce this section.
Sec. 1260. RCW
70.95N.280 and 2006 c 183 s 29 are each amended to read as follows:
(1) The Washington materials management and financing authority is established as a public body corporate and politic, constituting an instrumentality of the state of Washington exercising essential governmental functions.
(2) The authority shall plan and implement a collection, transportation, and recycling program for manufacturers that have registered with the department their intent to participate in the standard program as required under RCW
70.95N.040 (as recodified by this act).
(3) Membership in the authority is comprised of registered participating manufacturers. Any registered manufacturer who does not qualify or is not approved to submit an independent plan, or whose independent plan has not been approved by the department, is a member of the authority. All new entrants and white box manufacturers are also members of the authority.
(4) The authority shall act as a business management organization on behalf of the citizens of the state to manage financial resources and contract for services for collection, transportation, and recycling of covered electronic products.
(5) The authority's standard plan is responsible for collecting, transporting, and recycling the sum of the equivalent shares of each participating manufacturer.
(6) The authority shall accept into the standard program covered electronic products from any registered collector who meets the requirements of this chapter. The authority shall compensate registered collectors for the reasonable costs associated with collection, but is not required to compensate nor restricted from compensating the additional collection costs resulting from the additional convenience offered to customers through premium and curbside services.
(7) The authority shall accept and utilize in the standard program any registered processor meeting the requirements of this chapter and any requirements described in the authority's operating plan or through contractual arrangements. Processors utilized by the standard plan shall provide documentation to the authority at least annually regarding how they are meeting the requirements in RCW
70.95N.250 ((
and section 26 of this act))
(as recodified by this act), including enough detail to allow the standard plan to meet its reporting requirements in RCW
70.95N.140(2)(c) ((
and (d)))
(as recodified by this act), and must submit to audits conducted by or for the authority. The authority shall compensate such processors for the reasonable costs, as determined by the authority, associated with processing unwanted electronic products. Such processors must demonstrate that the unwanted electronic products have been received from registered collectors or transporters, and provide other documentation as may be required by the authority.
(8) Except as specifically allowed in this chapter, the authority shall operate without using state funds or lending the credit of the state or local governments.
(9) The authority shall develop innovative approaches to improve materials management efficiency in order to ensure and increase the use of secondary material resources within the economy.
Sec. 1261. RCW
70.95N.300 and 2013 c 305 s 13 are each amended to read as follows:
(1) Manufacturers participating in the standard plan shall pay the authority to cover all administrative and operational costs associated with the collection, transportation, and recycling of covered electronic products within the state of Washington incurred by the standard program operated by the authority to meet the standard plan's equivalent share obligation as described in RCW
70.95N.280(5)
(as recodified by this act).
(2) The authority shall assess charges on each manufacturer participating in the standard plan and collect funds from each participating manufacturer for the manufacturer's portion of the costs in subsection (1) of this section. For program years 2009 through 2015, such apportionment must be based on return share, market share, any combination of return share and market share, or any other equitable method. For the 2016 program year and all subsequent program years, such apportionment must be based on market share. The authority's apportionment of costs to manufacturers participating in the standard plan may not include nor be based on electronic products imported through the state and subsequently exported outside the state. Charges assessed under this section must not be formulated in such a way as to create incentives to divert imported electronic products to ports or distribution centers in other states. The authority shall adjust the charges to manufacturers participating in the standard plan as necessary in order to ensure that all costs associated with the identified activities are covered.
(3) The authority may require financial assurances or performance bonds for manufacturers participating in the standard plan, including but not limited to new entrants and white box manufacturers, when determining equitable methods for apportioning costs to ensure that the long-term costs for collecting, transporting, and recycling of a covered electronic product are borne by the appropriate manufacturer in the event that the manufacturer ceases to participate in the program.
(4) Nothing in this section authorizes the authority to assess fees or levy taxes directly on the sale or possession of electronic products.
(5) If a manufacturer has not met its financial obligations as determined by the authority under this section, the authority shall notify the department that the manufacturer is no longer participating in the standard plan.
(6) For program years 2009 through 2015, the authority shall submit its plan for assessing charges and apportioning cost on manufacturers participating in the standard plan to the department for review and approval along with the standard plan as provided in RCW
70.95N.060 (as recodified by this act).
(7)(a) Any manufacturer participating in the standard plan may appeal an assessment of charges or apportionment of costs levied by the authority under this section by written petition to the director of the department. The director of the department or the director's designee shall review all appeals within timelines established by the department and shall reverse any assessments of charges or apportionment of costs if the director finds that the authority's assessments or apportionment of costs was an arbitrary administrative decision, an abuse of administrative discretion, or is not an equitable assessment or apportionment of costs. The director shall make a fair and impartial decision based on sound data. If the director of the department reverses an assessment of charges, the authority must redetermine the assessment or apportionment of costs.
(b) Disputes regarding a final decision made by the director or director's designee may be challenged through arbitration. The director shall appoint one member to serve on the arbitration panel and the challenging party shall appoint one other. These two persons shall choose a third person to serve. If the two persons cannot agree on a third person, the presiding judge of the Thurston county superior court shall choose a third person. The decision of the arbitration panel shall be final and binding, subject to review by the superior court solely upon the question of whether the decision of the panel was arbitrary or capricious.
Sec. 1262. RCW
70.95N.310 and 2006 c 183 s 32 are each amended to read as follows:
(1) The authority shall use any funds legally available to it for any purpose specifically authorized by this chapter to:
(a) Contract and pay for collecting, transporting, and recycling of covered electronic products and education and other services as identified in the standard plan;
(b) Pay for the expenses of the authority including, but not limited to, salaries, benefits, operating costs and consumable supplies, equipment, office space, and other expenses related to the costs associated with operating the authority;
(c) Pay into the electronic products recycling account amounts billed by the department to the authority for any deficit in reaching the standard plan's equivalent share as required under RCW
70.95N.220 (as recodified by this act); and
(d) Pay the department for the fees for submitting the standard plan and any plan revisions.
(2) If practicable, the authority shall avoid creating new infrastructure already available through private industry in the state.
(3) The authority may not receive an appropriation of state funds, other than:
(a) Funds that may be provided as a one-time loan to cover administrative costs associated with start-up of the authority, such as electing the board of directors and conducting the public hearing for the operating plan, provided that no appropriated funds may be used to pay for collection, transportation, or recycling services; and
(b) Funds received from the department from the electronic products recycling account for exceeding the standard plan's equivalent share.
(4) The authority may receive additional sources of funding that do not obligate the state to secure debt.
(5) All funds collected by the authority under this chapter, including interest, dividends, and other profits, are and must remain under the complete control of the authority and its board of directors, be fully available to achieve the intent of this chapter, and be used for the sole purpose of achieving the intent of this chapter.
Sec. 1263. RCW
70.98.020 and 1975-'76 2nd ex.s. c 108 s 13 are each amended to read as follows:
It is the purpose of this chapter to effectuate the policies set forth in RCW
70.98.010 (as recodified by this act) 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 program to promote an orderly regulatory pattern within the state, among the states and between the federal government and the state and facilitate intergovernmental cooperation with respect to use and regulation of sources of ionizing radiation to the end that duplication of regulation may be minimized;
(3) A program to establish procedures for assumption and performance of certain regulatory responsibilities with respect to by-product, source, and special nuclear materials.
Sec. 1264. RCW
70.98.085 and 2012 c 19 s 9 are each amended to read as follows:
(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 chapter and the rules adopted under it and the requirements of the Northwest Interstate Compact on Low-Level Radioactive Waste Management under chapter
43.145 RCW
(as recodified by this act). The agency may deny an application for a site use permit or modify, suspend, or revoke a site use permit in any case in which it finds that the permit was obtained by fraud or there is or has been a failure, refusal, or inability to comply with the requirements of this chapter or rules adopted under this chapter or the requirements of the Northwest Interstate Compact on Low-Level Radioactive Waste Management under chapter
43.145 RCW
(as recodified by this act). The agency may also deny or suspend a site use permit for failure to comply with RCW
43.200.230 (as recodified by this act).
(2) Any permit issued by the department of ecology for a site use permit pursuant to chapter
43.200 RCW
(as recodified by this act) is valid until the first expiration date that occurs after July 1, 2012.
(3) The agency shall collect a fee from the applicants for site use permits that is sufficient to fund the costs to the agency to administer the user permit system. The site use permit fee must be set at a level that is also sufficient to fund state participation in activities related to the Northwest Interstate Compact on Low-Level Radioactive Waste Management under chapter
43.145 RCW
(as recodified by this act). The site use permit fees must be deposited in the site closure account established in RCW
43.200.080(2)
(as recodified by this act). Appropriations to the department of health or the department of ecology are required to permit expenditures using site use permit fee funds from the site closure account.
(4) The agency shall collect a surveillance fee as an added charge on each cubic foot of low-level radioactive waste disposed of at the commercial low-level radioactive waste disposal site in this state which shall be set at a level that is sufficient to fund completely the radiation control activities of the agency directly related to the disposal site, including but not limited to the management, licensing, monitoring, and regulation of the site. The fee shall also provide funds to the Washington state patrol for costs incurred from inspection of low-level radioactive waste shipments entering this state. Disbursements for this purpose shall be by authorization of the secretary of the department of health or the secretary's designee.
(5) The agency shall require that any person who holds or applies for a permit under this chapter indemnify and hold harmless the state from claims, suits, damages, or expenses on account of injuries to or death of persons and property damage, arising or growing out of any operations and activities for which the person holds the permit, and any necessary or incidental operations.
(6) The agency may adopt such rules as are necessary to carry out its responsibilities under this section.
Sec. 1265. RCW
70.98.095 and 2012 c 19 s 10 are each amended to read as follows:
(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 satisfied. Financial assurance may be in the form of insurance, cash deposits, surety bonds, corporate guarantees, letters of credit, or other financial instruments or guarantees determined by the agency to be acceptable financial assurance. The agency may require financial assurance in an amount determined by the secretary pursuant to RCW
70.98.098 (as recodified by this act).
(2) The radiation control agency may require site use permit holders to demonstrate financial assurance in an amount that is adequate to protect the state and its citizens from all claims, suits, losses, damages, or expenses on account of injuries to persons and property damage arising or growing out of the transportation or disposal of commercial low-level radioactive waste. The financial assurance may be in the form of insurance, cash deposits, surety bonds, corporate guarantees, and other acceptable instruments or guarantees determined by the secretary to be acceptable evidence of financial assurance. The agency may require financial assurance in an amount determined by the secretary pursuant to RCW
70.98.098 (as recodified by this act).
(3) The radiation control agency shall refuse to issue a license or permit or suspend the license or permit of any person required by this section to demonstrate financial assurance who fails to demonstrate compliance with this section. The license or permit shall not be issued or reinstated until the person demonstrates compliance with this section.
(4) The radiation control agency shall require (a) that any person required to demonstrate financial assurance, maintain with the agency current copies of any insurance policies, certificates of insurance, letters of credit, surety bonds, or any other documents used to comply with this section, (b) that the agency be notified of any changes in the financial assurance or financial condition of the person, and (c) that the state be named as an insured party on any insurance policy used to comply with this section.
Sec. 1266. RCW
70.98.098 and 2012 c 19 s 11 are each amended to read as follows:
(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
43.200.200 (as recodified by this act); (b) the potential cost of decontamination, treatment, disposal, decommissioning, and cleanup of facilities or equipment; (c) federal cleanup and decommissioning requirements; and (d) the legal defense cost, if any, that might be paid from the required financial assurance.
(2) The secretary may establish different levels of required financial assurance for various classes of permit or license holders.
(3) The secretary shall establish by rule the instruments or mechanisms by which a person may demonstrate financial assurance as required by RCW
70.98.095 (as recodified by this act).
(4) To the extent that money in the site closure account together with the amount of money identified for repayment to the site closure account pursuant to RCW
43.200.080 (as recodified by this act) equals or exceeds the cost estimate approved by the department of health for closure and decommissioning of the commercial low-level radioactive waste disposal facility, the money in the site closure account together with the amount of money identified for repayment to the site closure account shall constitute adequate financial assurance for purposes of the department of health financial assurance requirements under RCW
70.98.095 (as recodified by this act).
Sec. 1267. RCW
70.98.122 and 1985 c 372 s 3 are each amended to read as follows:
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
70.98.050(4)((
(c)))
(e) (as recodified by this act).
Sec. 1268. RCW
70.98.220 and 2012 c 19 s 13 are each amended to read as follows:
The agency shall adopt rules for administering a site use permit program under RCW
70.98.085 (as recodified by this act).
Sec. 1269. RCW
70.98.910 and 1961 c 207 s 23 are each amended to read as follows:
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
70.98.110 (as recodified by this act). All other provisions of this act shall become effective on the 30th day of June, 1961.
Sec. 1270. RCW
70.99.050 and 1981 c 1 s 5 are each amended to read as follows:
(1) A violation of or failure to comply with the provisions of RCW
70.99.030 or
70.99.040 (as recodified by this act) is a gross misdemeanor.
(2) Any person or entity that violates or fails to comply with the provisions of RCW
70.99.030 or
70.99.040 (as recodified by this act) is subject to a civil penalty of one thousand dollars for each violation or failure to comply.
(3) Each day upon which a violation occurs constitutes a separate violation for the purposes of subsections (1) and (2) of this section.
(4) Any person or entity violating this chapter may be enjoined from continuing the violation. The attorney general or any person residing in the state of Washington may bring an action to enjoin violations of this chapter, on his or her own behalf and on the behalf of all persons similarly situated. Such action may be maintained in the person's own name or in the name of the state of Washington. No bond may be required as a condition to obtaining any injunctive relief. The superior courts have jurisdiction over actions brought under this section, and venue shall lie in the county of the plaintiff's residence, in the county in which the violation is alleged to occur, or in Thurston county. In addition to other relief, the court in its discretion may award attorney's and expert witness fees and costs of the suit to a party who demonstrates that a violation of this chapter has occurred.
Sec. 1271. RCW
70.102.020 and 2005 c 274 s 339 are each amended to read as follows:
There is hereby created the hazardous substance information and education office. Through this office the department shall:
(1) Facilitate access to existing information on hazardous substances within a community;
(2) Request and obtain information about hazardous substances at specified locations and facilities from agencies that regulate those locations and facilities. The department shall review, approve, and provide confidentiality as provided by statute. Upon request of the department, each agency shall provide the information within forty-five days;
(3) At the request of citizens or public health or public safety organizations, compile existing information about hazardous substance use at specified locations and facilities. This information shall include but not be limited to:
(a) Point and nonpoint air and water emissions;
(b) Extremely hazardous, moderate risk wastes and dangerous wastes as defined in chapter
70.105 RCW
(as recodified by this act) produced, used, stored, transported from, or disposed of by any facility;
(c) A list of the hazardous substances present at a given site and data on their acute and chronic health and environmental effects;
(d) Data on governmental pesticide use at a given site;
(e) Data on commercial pesticide use at a given site if such data is only given to individuals who are chemically sensitive; and
(f) Compliance history of any facility.
(4) Provide education to the public on the proper production, use, storage, and disposal of hazardous substances, including but not limited to:
(a) A technical resource center on hazardous substance management for industry and the public;
(b) Programs, in cooperation with local government, to educate generators of moderate risk waste, and provide information regarding the potential hazards to human health and the environment resulting from improper use and disposal of the waste and proper methods of handling, reducing, recycling, and disposing of the waste;
(c) Public information and education relating to the safe handling and disposal of hazardous household substances; and
(d) Guidelines to aid counties in developing and implementing a hazardous household substances program.
Requests for information from the hazardous substance information and education office may be made by letter or by a toll-free telephone line, if one is established by the department. Requests shall be responded to in accordance with chapter
42.56 RCW.
This section shall not require any agency to compile information that is not required by existing laws or rules.
Sec. 1272. RCW
70.103.030 and 2010 c 158 s 3 are each amended to read as follows:
(1) The department shall administer and enforce a state program for worker training and certification, and training program accreditation, which shall include those program elements necessary to assume responsibility for federal requirements for a program as set forth in Title IV of the toxic substances control act (15 U.S.C. Sec. 2601 et seq.), the residential lead-based paint hazard reduction act of 1992 (42 U.S.C. Sec. 4851 et seq.), 40 C.F.R. Part 745, Subparts L and Q (1996), and Title X of the housing and community development act of 1992 (P.L. 102-550). The department may delegate or enter into a memorandum of understanding with local governments or private entities for implementation of components of the state program.
(2) The department is authorized to adopt rules that are consistent with federal requirements to implement a state program. Rules adopted under this section shall:
(a) Establish minimum accreditation requirements for lead-based paint activities for training providers;
(b) Establish work practice standards for conduct of lead-based paint activities;
(c) Establish certification requirements for individuals and firms engaged in lead-based paint activities including provisions for recognizing certifications accomplished under existing certification programs;
(d) Require the use of certified personnel in all lead-based paint activities;
(e) Be revised as necessary to comply with federal law and rules and to maintain eligibility for federal funding;
(f) Facilitate reciprocity and communication with other states having a lead-based paint certification program;
(g) Provide for decertification, deaccreditation, and financial assurance for a person certified by or a training provider accredited by the department; and
(h) Be issued in accordance with the administrative procedure act, chapter
34.05 RCW.
(3) The department may accept federal funds for the administration of the program.
(4) This program shall equal, but not exceed, legislative authority under federal requirements as set forth in Title IV of the toxic substances control act (15 U.S.C. Sec. 2601 et seq.), the residential lead-based paint hazard reduction act of 1992 (42 U.S.C. Sec. 4851 et seq.), and Title X of the housing and community development act of 1992 (P.L. 102-550).
(5) Any rules adopted by the department shall be consistent with federal laws, regulations, and requirements relating to lead-based paint activities specified by the residential lead-based paint hazard reduction act of 1992 (42 U.S.C. Sec. 4851 et seq.) and Title X of the housing and community development act of 1992 (P.L. 102-550), and rules adopted pursuant to chapter
70.105D RCW
(as recodified by this act), to ensure consistency in regulatory action. The rules may not be more restrictive than corresponding federal and state regulations unless such stringency is specifically authorized by this chapter.
(6) The department shall collect a fee in the amount of twenty-five dollars for certification and recertification of lead paint firms, inspectors, project developers, risk assessors, supervisors, abatement workers, renovators, and dust sampling technicians.
(7) The department shall collect a fee in the amount of two hundred dollars for the accreditation of lead paint training programs.
Sec. 1273. RCW
70.103.040 and 2010 c 158 s 4 are each amended to read as follows:
(1) The department shall establish a program for certification of persons involved in lead-based paint activities and for accreditation of training providers in compliance with federal laws and rules.
(2) Rules adopted under this section shall:
(a) Establish minimum accreditation requirements for lead-based paint activities for training providers;
(b) Establish work practice standards for conduct of lead-based paint activities;
(c) Establish certification requirements for individuals and firms engaged in lead-based paint activities including provisions for recognizing certifications accomplished under existing certification programs;
(d) Require the use of certified personnel in any lead-based paint hazard reduction activity;
(e) Be revised as necessary to comply with federal law and rules and to maintain eligibility for federal funding;
(f) Facilitate reciprocity and communication with other states having a lead-based paint certification program;
(g) Provide for decertification, deaccreditation, and financial assurance for a person certified or accredited by the department; and
(h) Be issued in accordance with the administrative procedure act, chapter
34.05 RCW.
(3) This program shall equal, but not exceed, legislative authority under federal requirements as set forth in Title IV of the toxic substances control act (15 U.S.C. Sec. 2601 et seq.), the residential lead-based paint hazard reduction act of 1992 (42 U.S.C. Sec. 4851 et seq.), 40 C.F.R. Part 745 (1996), Subparts L and Q, and Title X of the housing and community development act of 1992 (P.L. 102-550).
(4) Any rules adopted by the department shall be consistent with federal laws, regulations, and requirements relating to lead-based paint activities specified by the residential lead-based paint hazard reduction act of 1992 (42 U.S.C. Sec. 4851 et seq.) and Title X of the housing and community development act of 1992 (P.L. 102-550), and rules adopted pursuant to chapter
70.105D RCW
(as recodified by this act), to ensure consistency in regulatory action. The rules may not be more restrictive than corresponding federal and state regulations unless such stringency is specifically authorized by this chapter.
(5) The department may accept federal funds for the administration of the program.
(6) For the purposes of certification under the federal requirements as set forth in section 2682 of the toxic substances control act (15 U.S.C. Sec. 2682), the department may require renovators and dust sampling technicians to apply for a certification badge issued by the department. The department may impose a fee on the applicant for processing the application. The application shall include a photograph of the applicant and a fee in the amount imposed by the department.
Sec. 1274. RCW
70.103.050 and 2010 c 158 s 5 are each amended to read as follows:
The department shall adopt rules to:
(1) Establish procedures and requirements for the accreditation of lead-based paint activities training programs including, but not limited to, the following:
(a) Training curriculum;
(b) Training hours;
(c) Hands-on training;
(d) Trainee competency and proficiency;
(e) Training program quality control;
(f) Procedures for the reaccreditation of training programs;
(g) Procedures for the oversight of training programs; and
(h) Procedures for the suspension, revocation, or modification of training program accreditations, or acceptance of training offered by an accredited training provider in another state or Indian tribe authorized by the environmental protection agency;
(2) Establish procedures for the purposes of certification, for the acceptance of training offered by an accredited training provider in a state or Indian tribe authorized by the environmental protection agency;
(3) Certify individuals involved in lead-based paint activities to ensure that certified individuals are trained by an accredited training program and possess appropriate educational or experience qualifications for certification;
(4) Establish procedures for recertification;
(5) Require the conduct of lead-based paint activities in accordance with work practice standards;
(6) Establish procedures for the suspension, revocation, or modification of certifications;
(7) Establish requirements for the administration of third-party certification exams;
(8) Use laboratories accredited under the environmental protection agency's national lead laboratory accreditation program;
(9) Establish work practice standards for the conduct of lead-based paint activities, as defined in RCW
70.103.020 (as recodified by this act);
(10) Establish an enforcement response policy that shall include:
(a) Warning letters, notices of noncompliance, notices of violation, or the equivalent;
(b) Administrative or civil actions, including penalty authority, including accreditation or certification suspension, revocation, or modification; and
(c) Authority to apply criminal sanctions or other criminal authority using existing state laws as applicable.
The department shall prepare and submit a biennial report to the legislature regarding the program's status, its costs, and the number of persons certified by the program.
Sec. 1275. RCW
70.103.060 and 2003 c 322 s 6 are each amended to read as follows:
The lead paint account is created in the state treasury. All receipts from RCW
70.103.030 (as recodified by this act) shall be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for the purposes of this chapter.
Sec. 1276. RCW
70.103.070 and 2003 c 322 s 7 are each amended to read as follows:
(1)(a) The director or the director's designee is authorized to inspect at reasonable times and, when feasible, with at least twenty-four hours prior notification:
(i) Premises or facilities where those engaged in training for lead-based paint activities conduct business; and
(ii) The business records of, and take samples at, the businesses accredited or certified under this chapter to conduct lead-based paint training or activities.
(b) Any accredited training program or any firm or individual certified under this chapter that denies access to the department for the purposes of (a) of this subsection is subject to deaccreditation or decertification under RCW
70.103.040 (as recodified by this act).
(2) The director or the director's designee is authorized to inspect premises or facilities, with the consent of the owner or owner's agent, where violations may occur concerning lead-based paint activities, as defined under RCW
70.103.020 (as recodified by this act), at reasonable times and, when feasible, with at least forty-eight hours prior notification of the inspection.
(3) Prior to receipt of federal lead-based paint abatement funding, all premise or facility owners shall be notified by any entity that receives and disburses the federal funds that an inspection may be conducted. If a premise or facility owner does not wish to have an inspection conducted, that owner is not eligible to receive lead-based paint abatement funding.
Sec. 1277. RCW
70.105.005 and 1985 c 448 s 2 are each amended to read as follows:
The legislature hereby finds and declares:
(1) The health and welfare of the people of the state depend on clean and pure environmental resources unaffected by hazardous waste contamination. At the same time, the quality of life of the people of the state is in part based upon a large variety of goods produced by the economy of the state. The complex industrial processes that produce these goods also generate waste by-products, some of which are hazardous to the public health and the environment if improperly managed.
(2) Safe and responsible management of hazardous waste is necessary to prevent adverse effects on the environment and to protect public health and safety.
(3) The availability of safe, effective, economical, and environmentally sound facilities for the management of hazardous waste is essential to protect public health and the environment and to preserve the economic strength of the state.
(4) Strong and effective enforcement of federal and state hazardous waste laws and regulations is essential to protect the public health and the environment and to meet the public's concerns regarding the acceptance of needed new hazardous waste management facilities.
(5) Negotiation, mediation, and similar conflict resolution techniques are useful in resolving concerns over the local impacts of siting hazardous waste management facilities.
(6) Safe and responsible management of hazardous waste requires an effective planning process that involves local and state governments, the public, and industry.
(7) Public acceptance and successful siting of needed new hazardous waste management facilities depends on several factors, including:
(a) Public confidence in the safety of the facilities;
(b) Assurance that the hazardous waste management priorities established in this chapter are being carried out to the maximum degree practical;
(c) Recognition that all state citizens benefit from certain products whose manufacture results in the generation of hazardous by-products, and that all state citizens must, therefore, share in the responsibility for finding safe and effective means to manage this hazardous waste; and
(d) Provision of adequate opportunities for citizens to meet with facility operators and resolve concerns about local hazardous waste management facilities.
(8) Due to the controversial and regional nature of facilities for the disposal and incineration of hazardous waste, the facilities have had difficulty in obtaining necessary local approvals. The legislature finds that there is a statewide interest in assuring that such facilities can be sited.
It is therefore the intent of the legislature to preempt local government's authority to approve, deny, or otherwise regulate disposal and incineration facilities, and to vest in the department of ecology the sole authority among state, regional, and local agencies to approve, deny, and regulate preempted facilities, as defined in this chapter.
In addition, it is the intent of the legislature that such complete preemptive authority also be vested in the department for treatment and storage facilities, in addition to disposal and incineration facilities, if a local government fails to carry out its responsibilities established in RCW
70.105.225 (as recodified by this act).
It is further the intent of the legislature that no local ordinance, permit requirement, other requirement, or decision shall prohibit on the basis of land use considerations the construction of a hazardous waste management facility within any zone designated and approved in accordance with this chapter, provided that the proposed site for the facility is consistent with applicable state siting criteria.
(9) With the exception of the disposal site authorized for acquisition under this chapter, the private sector has had the primary role in providing hazardous waste management facilities and services in the state. It is the intent of the legislature that this role be encouraged and continue into the future to the extent feasible. Whether privately or publicly owned and operated, hazardous waste management facilities and services should be subject to strict governmental regulation as provided under this chapter.
(10) Wastes that are exempt or excluded from full regulation under this chapter due to their small quantity or household origin have the potential to pose significant risk to public health and the environment if not properly managed. It is the intent of the legislature that the specific risks posed by such waste be investigated and assessed and that programs be carried out as necessary to manage the waste appropriately. In addition, the legislature finds that, because local conditions vary substantially in regard to the quantities, risks, and management opportunities available for such wastes, local government is the appropriate level of government to plan for and carry out programs to manage moderate-risk waste, with assistance and coordination provided by the department.
Sec. 1278. RCW
70.105.010 and 2010 1st sp.s. c 7 s 88 are each amended to read as follows:
The words and phrases defined in this section shall have the meanings indicated when used in this chapter unless the context clearly requires otherwise.
(1) "Dangerous wastes" means any discarded, useless, unwanted, or abandoned substances, including but not limited to certain pesticides, or any residues or containers of such substances which are disposed of in such quantity or concentration as to pose a substantial present or potential hazard to human health, wildlife, or the environment because such wastes or constituents or combinations of such wastes:
(a) Have short-lived, toxic properties that may cause death, injury, or illness or have mutagenic, teratogenic, or carcinogenic properties; or
(b) Are corrosive, explosive, flammable, or may generate pressure through decomposition or other means.
(2) "Department" means the department of ecology.
(3) "Designated zone facility" means any facility that requires an interim or final status permit under rules adopted under this chapter and that is not a preempted facility as defined in this section.
(4) "Director" means the director of the department of ecology or the director's designee.
(5) "Disposal site" means a geographical site in or upon which hazardous wastes are disposed of in accordance with the provisions of this chapter.
(6) "Dispose or disposal" means the discarding or abandoning of hazardous wastes or the treatment, decontamination, or recycling of such wastes once they have been discarded or abandoned.
(7) "Extremely hazardous waste" means any dangerous waste which:
(a) Will persist in a hazardous form for several years or more at a disposal site and which in its persistent form
(i) Presents a significant environmental hazard and may be concentrated by living organisms through a food chain or may affect the genetic makeup of human beings or wildlife, and
(ii) Is highly toxic to human beings or wildlife
(b) If disposed of at a disposal site in such quantities as would present an extreme hazard to human beings or the environment.
(8) "Facility" means all contiguous land and structures, other appurtenances, and improvements on the land used for recycling, storing, treating, incinerating, or disposing of hazardous waste.
(9) "Hazardous household substances" means those substances identified by the department as hazardous household substances in the guidelines developed under RCW
70.105.220 (as recodified by this act).
(10) "Hazardous substances" means any liquid, solid, gas, or sludge, including any material, substance, product, commodity, or waste, regardless of quantity, that exhibits any of the characteristics or criteria of hazardous waste as described in rules adopted under this chapter.
(11) "Hazardous waste" means and includes all dangerous and extremely hazardous waste, including substances composed of both radioactive and hazardous components.
(12) "Local government" means a city, town, or county.
(13) "Moderate-risk waste" means (a) any waste that exhibits any of the properties of hazardous waste but is exempt from regulation under this chapter solely because the waste is generated in quantities below the threshold for regulation, and (b) any household wastes which are generated from the disposal of substances identified by the department as hazardous household substances.
(14) "Person" means any person, firm, association, county, public or municipal or private corporation, agency, or other entity whatsoever.
(15) "Pesticide" shall have the meaning of the term as defined in RCW
15.58.030 as now or hereafter amended.
(16) "Preempted facility" means any facility that includes as a significant part of its activities any of the following operations: (a) Landfill, (b) incineration, (c) land treatment, (d) surface impoundment to be closed as a landfill, or (e) waste pile to be closed as a landfill.
(17) "Service charge" means an assessment imposed under RCW
70.105.280 (as recodified by this act) against those facilities that store, treat, incinerate, or dispose of dangerous or extremely hazardous waste that contains both a nonradioactive hazardous component and a radioactive component. Service charges shall also apply to facilities undergoing closure under this chapter in those instances where closure entails the physical characterization of remaining wastes which contain both a nonradioactive hazardous component and a radioactive component or the management of such wastes through treatment or removal, except any commercial low-level radioactive waste facility.
Sec. 1279. RCW
70.105.020 and 1994 c 264 s 42 are each amended to read as follows:
The department after notice and public hearing shall:
(1) Adopt regulations designating as extremely hazardous wastes subject to the provisions of this chapter those substances which exhibit characteristics consistent with the definition provided in RCW
70.105.010((
(6)))
(7) (as recodified by this act);
(2) Adopt and may revise when appropriate, minimum standards and regulations for disposal of extremely hazardous wastes to protect against hazards to the public, and to the environment. Before adoption of such standards and regulations, the department shall consult with appropriate agencies of interested local governments and secure technical assistance from the department of agriculture, the department of social and health services, the department of fish and wildlife, the department of natural resources, the department of labor and industries, and the department of ((community, trade, and economic development))commerce, through the director of fire protection.
Sec. 1280. RCW
70.105.035 and 1994 c 254 s 5 are each amended to read as follows:
Solid wastes that designate as dangerous waste or extremely hazardous waste but do not designate as hazardous waste under federal law are conditionally exempt from the requirements of this chapter, if:
(1) The waste is generated pursuant to a consent decree issued under chapter
70.105D RCW
(as recodified by this act);
(2) The consent decree characterizes the solid waste and specifies management practices and a department-approved treatment or disposal location;
(3) The management practices are consistent with RCW
70.105.150 (as recodified by this act) and are protective of human health and the environment as determined by the department of ecology; and
(4) Waste treated or disposed of on-site will be managed in a manner determined by the department to be as protective of human health and the environment as clean-up standards pursuant to chapter
70.105D RCW
(as recodified by this act).
This section shall not be interpreted to limit the ability of the department to apply any requirement of this chapter through a consent decree issued under chapter
70.105D RCW
(as recodified by this act), if the department determines these requirements to be appropriate. Neither shall this section be interpreted to limit the application of this chapter to a cleanup conducted under the federal comprehensive environmental response, compensation, and liability act (42 U.S.C. Sec. 9601 et seq., as amended).
Sec. 1281. RCW
70.105.050 and 1994 c 254 s 6 are each amended to read as follows:
(1) No person shall dispose of designated extremely hazardous wastes at any disposal site in the state other than the disposal site established and approved for such purpose under provisions of this chapter, except:
(a) When such wastes are going to a processing facility which will result in the waste being reclaimed, treated, detoxified, neutralized, or otherwise processed to remove its harmful properties or characteristics; or
(b) When such wastes are managed on-site as part of a remedial action conducted by the department or by potentially liable persons under a consent decree issued by the department pursuant to chapter
70.105D RCW
(as recodified by this act).
(2) Extremely hazardous wastes that contain radioactive components may be disposed at a radioactive waste disposal site that is (a) owned by the United States department of energy or a licensee of the nuclear regulatory commission and (b) permitted by the department and operated in compliance with the provisions of this chapter. However, prior to disposal, or as a part of disposal, all reasonable methods of treatment, detoxification, neutralization, or other waste management methodologies designed to mitigate hazards associated with these wastes shall be employed, as required by applicable federal and state laws and regulations.
Sec. 1282. RCW
70.105.090 and 2011 c 96 s 51 are each amended to read as follows:
In addition to the penalties imposed pursuant to RCW
70.105.080 (as recodified by this act), any person who violates any provisions of this chapter, or of the rules implementing this chapter, and any person who knowingly aids or abets another in conducting any violation of any provisions of this chapter, or of the rules implementing this chapter, shall be guilty of a gross misdemeanor and upon conviction thereof shall be punished by a fine of not less than one hundred dollars nor more than ten thousand dollars, and/or by imprisonment in the county jail for up to three hundred sixty-four days, for each separate violation. Each and every such violation shall be a separate and distinct offense. In case of continuing violation, every day's continuance shall be a separate and distinct offense.
Sec. 1283. RCW
70.105.105 and 1985 c 65 s 1 are each amended to read as follows:
The department of ecology shall regulate under
this chapter ((
70.105 RCW)), wastes generated from the salvaging, rebuilding, or discarding of transformers or capacitors that have been sold or otherwise transferred for salvage or disposal after the completion or termination of their useful lives and which contain polychlorinated biphenyls (PCB's) and whose disposal is not regulated under 40 C.F.R. part 761. Nothing in this section shall prohibit such wastes from being incinerated or disposed of at facilities permitted to manage PCB wastes under 40 C.F.R. part 761.
Sec. 1284. RCW
70.105.110 and 1987 c 488 s 3 are each amended to read as follows:
(1) Nothing in this chapter shall alter, amend, or supersede the provisions of chapter
80.50 RCW, except that, notwithstanding any provision of chapter
80.50 RCW, regulation of dangerous wastes associated with energy facilities from generation to disposal shall be solely by the department pursuant to
this chapter ((
70.105 RCW)). In the implementation of said section, the department shall consult and cooperate with the energy facility site evaluation council and, in order to reduce duplication of effort and to provide necessary coordination of monitoring and on-site inspection programs at energy facility sites, any on-site inspection by the department that may be required for the purposes of this chapter shall be performed pursuant to an interagency coordination agreement with the council.
(2) To facilitate the implementation of this chapter, the energy facility site evaluation council may require certificate holders to remove from their energy facility sites any dangerous wastes, controlled by this chapter, within ninety days of their generation.
Sec. 1285. RCW
70.105.111 and 1987 c 488 s 5 are each amended to read as follows:
Nothing in this chapter diminishes the authority of the department of social and health services to regulate the radioactive portion of mixed wastes pursuant to chapter
70.98 RCW
(as recodified by this act).
Sec. 1286. RCW
70.105.112 and 1987 c 528 s 9 are each amended to read as follows:
This chapter does not apply to special incinerator ash regulated under chapter
70.138 RCW
(as recodified by this act) except that, for purposes of RCW
4.22.070(3)(a), special incinerator ash shall be considered hazardous waste.
Sec. 1287. RCW
70.105.116 and 1994 c 257 s 17 are each amended to read as follows:
The procedural requirements of this chapter shall not apply to any person conducting a remedial action at a facility pursuant to a consent decree, order, or agreed order issued pursuant to chapter
70.105D RCW
(as recodified by this act), or to the department of ecology when it conducts a remedial action under chapter
70.105D RCW
(as recodified by this act). The department of ecology shall ensure compliance with the substantive requirements of this chapter through the consent decree, order, or agreed order issued pursuant to chapter
70.105D RCW
(as recodified by this act), or during the department-conducted remedial action, through the procedures developed by the department pursuant to RCW
70.105D.090 (as recodified by this act).
Sec. 1288. RCW
70.105.135 and 1986 c 82 s 1 are each amended to read as follows:
Any person who generates, treats, stores, disposes, or otherwise handles dangerous or extremely hazardous wastes shall provide copies of any notification forms, or annual reports that are required pursuant to RCW
70.105.130 (as recodified by this act) to the fire departments or fire districts that service the areas in which the wastes are handled upon the request of the fire departments or fire districts. In areas that are not serviced by a fire department or fire district, the forms or reports shall be provided to the sheriff or other county official designated pursuant to RCW ((
48.48.060))
43.44.050 upon the request of the sheriff or other county official. This section shall not apply to the transportation of hazardous wastes.
Sec. 1289. RCW
70.105.140 and 1980 c 144 s 3 are each amended to read as follows:
Rules implementing RCW
70.105.130 (as recodified by this act) shall be submitted to the house and senate committees on ecology for review prior to being adopted in accordance with chapter
34.05 RCW.
Sec. 1290. RCW
70.105.145 and 1984 c 237 s 2 are each amended to read as follows:
Notwithstanding any other provision of
this chapter ((
70.105 RCW)), the department of ecology is empowered to participate fully in and is empowered to administer all aspects of the programs of the federal Resource Conservation and Recovery Act, as it exists on June 7, 1984, (42 U.S.C. Sec. 6901 et seq.), contemplated for participation and administration by a state under that act.
Sec. 1291. RCW
70.105.160 and 2010 1st sp.s. c 7 s 89 are each amended to read as follows:
The department shall conduct a study to determine the best management practices for categories of waste for the priority waste management methods established in RCW
70.105.150 (as recodified by this act), with due consideration in the course of the study to sound environmental management and available technology. As an element of the study, the department shall review methods that will help achieve the priority of RCW
70.105.150(1)(a)
(as recodified by this act), waste reduction. Before issuing any proposed rules, the department shall conduct public hearings regarding the best management practices for the various waste categories studied by the department. After conducting the study, the department shall prepare new rules or modify existing rules as appropriate to promote implementation of the priorities established in RCW
70.105.150 (as recodified by this act) for management practices which assure use of sound environmental management techniques and available technology. The preliminary study shall be completed by July 1, 1986, and the rules shall be adopted by July 1, 1987.
The studies shall be updated at least once every five years. The funding for these studies shall be from the ((
hazardous waste control and elimination account))
model toxics control operating account created in RCW 70.105D.190 (as recodified by this act), subject to legislative appropriation.
Sec. 1292. RCW
70.105.165 and 1984 c 254 s 1 are each amended to read as follows:
(1) Independent of the processing or issuance of any or all federal, state, and local permits for disposal of dangerous wastes, no disposal of dangerous wastes at a commercial off-site land disposal facility may be undertaken prior to July 1, 1986, unless:
(a) The disposal results from actions taken under RCW
70.105A.060 (2) and (3), or results from other emergency situations; or
(b) Studies undertaken by the department under RCW
70.105.160 (as recodified by this act) to determine the best management practices for various waste categories under the priority waste management methods established in RCW
70.105.150 (as recodified by this act) are completed for the particular wastes or waste categories to be disposed of and any regulatory revisions deemed necessary by the department are proposed and do not prohibit land disposal of such wastes; or
(c) Final regulations have been adopted by the department that allow for such disposal.
(2) Construction of facilities used solely for the purpose of disposal of wastes that have not met the requirements of subsection (1) of this section shall not be undertaken by any developer of a dangerous waste disposal facility.
(3) The department shall prioritize the studies of waste categories undertaken under RCW
70.105.160 (as recodified by this act) to provide initial consideration of those categories most likely to be suitable for land disposal. Any regulatory changes deemed necessary by the department shall be proposed and subjected to the rule-making process by category as the study of each waste category is completed. All of the study shall be completed, and implementing regulations proposed, by July 1, 1986.
(4) Any final permit issued by the department before the adoption of rules promulgated as a result of the study conducted under RCW
70.105.160 (as recodified by this act) shall be modified as necessary to be consistent with such rules.
Sec. 1293. RCW
70.105.170 and 1983 1st ex.s. c 70 s 3 are each amended to read as follows:
Consistent with the purposes of RCW
70.105.150 and
70.105.160 (as recodified by this act), the department is authorized to promote the priority waste management methods listed in RCW
70.105.150 (as recodified by this act) by establishing or assisting in the establishment of: (1) Consultative services which, in conjunction with any business or industry requesting such service, study and recommend alternative waste management practices; and (2) technical assistance, such as a toll-free telephone service, to persons interested in waste management alternatives. Any person receiving such service or assistance may, in accordance with state law, request confidential treatment of information about their manufacturing or business practices.
Sec. 1294. RCW
70.105.180 and 1985 c 57 s 70 are each amended to read as follows:
All fines and penalties collected under this chapter shall be deposited in the ((
hazardous waste control and elimination))
model toxics control operating account((
, which is hereby created in the state treasury. Moneys in the account collected from fines and penalties shall be expended exclusively by the department of ecology for the purposes of chapter 70, Laws of 1983 1st ex. sess., subject to legislative appropriation. Other sources of funds deposited in this account may also be used for the purposes of chapter 70, Laws of 1983 1st ex. sess. All earnings of investments of balances in the hazardous waste control and elimination account shall be credited to the general fund))
created in RCW 70.105D.190 (as recodified by this act).
Sec. 1295. RCW
70.105.200 and 1985 c 448 s 4 are each amended to read as follows:
(1) The department shall develop, and shall update at least once every five years, a state hazardous waste management plan. The plan shall include, but shall not be limited to, the following elements:
(a) A state inventory and assessment of the capacity of existing facilities to treat, store, dispose, or otherwise manage hazardous waste;
(b) A forecast of future hazardous waste generation;
(c) A description of the plan or program required by RCW
70.105.160 (as recodified by this act) to promote the waste management priorities established in RCW
70.105.150 (as recodified by this act);
(d) Siting criteria as appropriate for hazardous waste management facilities, including such criteria as may be appropriate for the designation of eligible zones for designated zone facilities. However, these criteria shall not prevent the continued operation, at or below the present level of waste management activity, of existing facilities on the basis of their location in areas other than those designated as eligible zones pursuant to RCW
70.105.225 (as recodified by this act);
(e) Siting policies as deemed appropriate by the department; and
(f) A plan or program to provide appropriate public information and education relating to hazardous waste management. The department shall ensure to the maximum degree practical that these plans or programs are coordinated with public education programs carried out by local government under RCW
70.105.220 (as recodified by this act).
(2) The department shall seek, encourage, and assist participation in the development, revision, and implementation of the state hazardous waste management plan by interested citizens, local government, business and industry, environmental groups, and other entities as appropriate.
(3) Siting criteria shall be completed by December 31, 1986. Other plan components listed in subsection (1) of this section shall be completed by June 30, 1987.
(4) The department shall incorporate into the state hazardous waste management plan those elements of the local hazardous waste management plans that it deems necessary to assure effective and coordinated programs throughout the state.
Sec. 1296. RCW
70.105.210 and 1989 1st ex.s. c 13 s 2 are each amended to read as follows:
By May 31, 1990, the department shall develop and adopt criteria for the siting of hazardous waste management facilities. These criteria will be part of the state hazardous waste management plan as described in RCW
70.105.200 (as recodified by this act). To the extent practical, these criteria shall be designed to minimize the short-term and long-term risks and costs that may result from hazardous waste management facilities. These criteria may vary by type of facilities and may consider natural site characteristics and engineered protection. Criteria may be established for:
(1) Geology;
(2) Surface and groundwater hydrology;
(3) Soils;
(4) Flooding;
(5) Climatic factors;
(6) Unique or endangered flora and fauna;
(7) Transportation routes;
(8) Site access;
(9) Buffer zones;
(10) Availability of utilities and public services;
(11) Compatibility with existing uses of land;
(12) Shorelines and wetlands;
(13) Sole-source aquifers;
(14) Natural hazards; and
(15) Other factors as determined by the department.
Sec. 1297. RCW
70.105.220 and 1992 c 17 s 1 are each amended to read as follows:
(1) Each local government, or combination of contiguous local governments, is directed to prepare a local hazardous waste plan which shall be based on state guidelines and include the following elements:
(a) A plan or program to manage moderate-risk wastes that are generated or otherwise present within the jurisdiction. This element shall include an assessment of the quantities, types, generators, and fate of moderate-risk wastes in the jurisdiction. The purpose of this element is to develop a system of managing moderate-risk waste, appropriate to each local area, to ensure protection of the environment and public health;
(b) A plan or program to provide for ongoing public involvement and public education in regard to the management of moderate-risk waste. This element shall provide information regarding:
(i) The potential hazards to human health and the environment resulting from improper use and disposal of the waste; and
(ii) Proper methods of handling, reducing, recycling, and disposing of the waste;
(c) An inventory of all existing generators of hazardous waste and facilities managing hazardous waste within the jurisdiction. This inventory shall be based on data provided by the department;
(d) A description of the public involvement process used in developing the plan;
(e) A description of the eligible zones designated in accordance with RCW
70.105.225 (as recodified by this act). However, the requirement to designate eligible zones shall not be considered part of the local hazardous waste planning requirements; and
(f) Other elements as deemed appropriate by local government.
(2) To the maximum extent practicable, the local hazardous waste plan shall be coordinated with other hazardous materials-related plans and policies in the jurisdiction.
(3) Local governments shall coordinate with those persons involved in providing privately owned hazardous and moderate-risk waste facilities and services as follows: If a local government determines that a moderate-risk waste will be or is adequately managed by one or more privately owned facilities or services at a reasonable price, the local government shall take actions to encourage the use of that private facility or service. Actions taken by a local government under this subsection may include, but are not limited to, restricting or prohibiting the land disposal of a moderate-risk waste at any transfer station or land disposal facility within its jurisdiction.
(4)(a) The department shall prepare guidelines for the development of local hazardous waste plans. The guidelines shall be prepared in consultation with local governments and shall be completed by December 31, 1986. The guidelines shall include a list of substances identified as hazardous household substances.
(b) In preparing the guidelines under (a) of this subsection, the department shall review and assess information on pilot projects that have been conducted for moderate-risk waste management. The department shall encourage additional pilot projects as needed to provide information to improve and update the guidelines.
(5) The department shall consult with retailers, trade associations, public interest groups, and appropriate units of local government to encourage the development of voluntary public education programs on the proper handling of hazardous household substances.
(6) Local hazardous waste plans shall be completed and submitted to the department no later than June 30, 1990. Local governments may from time to time amend the local plan.
(7) Each local government, or combination of contiguous local governments, shall submit its local hazardous waste plan or amendments thereto to the department. The department shall approve or disapprove local hazardous waste plans or amendments by December 31, 1990, or within ninety days of submission, whichever is later. The department shall approve a local hazardous waste plan if it determines that the plan is consistent with this chapter and the guidelines under subsection (4) of this section. If approval is denied, the department shall submit its objections to the local government within ninety days of submission. However, for plans submitted between January 1, 1990, and June 30, 1990, the department shall have one hundred eighty days to submit its objections. No local government is eligible for grants under RCW
70.105.235 (as recodified by this act) for implementing a local hazardous waste plan unless the plan for that jurisdiction has been approved by the department.
(8) Each local government, or combination of contiguous local governments, shall implement the local hazardous waste plan for its jurisdiction by December 31, 1991.
(9) The department may waive the specific requirements of this section for any local government if such local government demonstrates to the satisfaction of the department that the objectives of the planning requirements have been met.
Sec. 1298. RCW
70.105.221 and 1991 c 319 s 312 are each amended to read as follows:
Local governments and combinations of local governments shall amend their local hazardous waste plans required under RCW
70.105.220 (as recodified by this act) to comply with RCW
70.95I.020 (as recodified by this act).
Sec. 1299. RCW
70.105.225 and 1989 1st ex.s. c 13 s 1 are each amended to read as follows:
(1) Each local government, or combination of contiguous local governments, is directed to: (a) Demonstrate to the satisfaction of the department that existing zoning allows designated zone facilities as permitted uses; or (b) designate land use zones within its jurisdiction in which designated zone facilities are permitted uses. The zone designations shall be consistent with the state siting criteria adopted in accordance with RCW
70.105.210 (as recodified by this act), except as may be approved by the department in accordance with subsection (6) of this section.
(2) Local governments shall not prohibit the processing or handling of hazardous waste in zones in which the processing or handling of hazardous substances is not prohibited. This subsection does not apply in residential zones.
(3) The department shall prepare guidelines, as appropriate, for the designation of zones under this section. The guidelines shall be prepared in consultation with local governments and shall be completed by December 31, 1986.
(4) The initial designation of zones shall be completed or revised, and submitted to the department within eighteen months after the enactment of siting criteria in accordance with RCW
70.105.210 (as recodified by this act). Local governments that do not comply with this submittal deadline shall be subject to the preemptive provisions of RCW
70.105.240(4)
(as recodified by this act) until such time as zone designations are completed and approved by the department. Local governments may from time to time amend their designated zones.
(5) Local governments without land use zoning provisions shall designate eligible geographic areas within their jurisdiction, based on siting criteria adopted in accordance with RCW
70.105.210 (as recodified by this act). The area designation shall be subject to the same requirements as if they were zone designations.
(6) Each local government, or combination of contiguous local governments, shall submit its designation of zones or amendments thereto to the department. The department shall approve or disapprove zone designations or amendments within ninety days of submission. The department shall approve eligible zone designations if it determines that the proposed zone designations are consistent with this chapter, the applicable siting criteria, and guidelines for developing designated zones: PROVIDED, That the department shall consider local zoning in place as of January 1, 1985, or other special situations or conditions which may exist in the jurisdiction. If approval is denied, the department shall state within ninety days from the date of submission the facts upon which that decision is based and shall submit the statement to the local government together with any other comments or recommendations it deems appropriate. The local government shall have ninety days after it receives the statement from the department to make modifications designed to eliminate the inconsistencies and resubmit the designation to the department for approval. Any designations shall take effect when approved by the department.
(7) The department may exempt a local government from the requirements of this section if:
(a) Regulated quantities of hazardous waste have not been generated within the jurisdiction during the two calendar years immediately preceding the calendar year during which the exemption is requested; and
(b) The local government can demonstrate to the satisfaction of the department that no significant portion of land within the jurisdiction can meet the siting criteria adopted in accordance with RCW
70.105.210 (as recodified by this act).
Sec. 1300. RCW
70.105.235 and 1986 c 210 s 2 are each amended to read as follows:
(1) Subject to legislative appropriations, the department may make and administer grants to local governments for (a) preparing and updating local hazardous waste plans, (b) implementing approved local hazardous waste plans, and (c) designating eligible zones for designated zone facilities as required under this chapter.
(2) Local governments shall match the funds provided by the department for planning or designating zones with an amount not less than twenty-five percent of the estimated cost of the work to be performed. Local governments may meet their share of costs with cash or contributed services. Local governments, or combination of contiguous local governments, conducting pilot projects pursuant to RCW
70.105.220(4)
(as recodified by this act) may subtract the cost of those pilot projects conducted for hazardous household substances from their share of the cost. If a pilot project has been conducted for all moderate-risk wastes, only the portion of the cost that applies to hazardous household substances shall be subtracted. The matching funds requirement under this subsection shall be waived for local governments, or combination of contiguous local governments, that complete and submit their local hazardous waste plans under RCW
70.105.220(6)
(as recodified by this act) prior to June 30, 1988.
(3) Recipients of grants shall meet such qualifications and follow such procedures in applying for and using grants as may be established by the department.
Sec. 1301. RCW
70.105.240 and 1985 c 448 s 10 are each amended to read as follows:
(1) As of July 28, 1985, the state preempts the field of state, regional, or local permitting and regulating of all preempted facilities as defined in this chapter. The department of ecology is designated the sole decision-making authority with respect to permitting and regulating such facilities and no other state agency, department, division, bureau, commission, or board, or any local or regional political subdivision of the state, shall have any permitting or regulatory authority with respect to such facilities including, but not limited to, the location, construction, and operation of such facilities. Permits issued by the department shall be in lieu of any and all permits, approvals, certifications, or conditions of any other state, regional, or local governmental authority which would otherwise apply.
(2) The department shall ensure that any permits issued under this chapter invoking the preemption authority of this section meet the substantive requirements of existing state laws and regulations to the extent such laws and regulations are not inconsistent or in conflict with any of the provisions of this chapter. In the event that any of the provisions of this chapter, or any of the regulations promulgated hereunder, are in conflict with any other state law or regulations, such other law or regulations shall be deemed superseded for purposes of this chapter.
(3) As of July 28, 1985, any ordinances, regulations, requirements, or restrictions of regional or local governmental authorities regarding the location, construction, or operation of preempted facilities shall be deemed superseded. However, in issuing permits under this section, the department shall consider local fire and building codes and condition such permits as appropriate in compliance therewith.
(4) Effective July 1, 1988, the department shall have the same preemptive authority as defined in subsections (1) through (3) of this section in regard to any designated zone facility that may be proposed in any jurisdiction where the designation of eligible zones pursuant to RCW
70.105.225 (as recodified by this act) has not been completed and approved by the department. Unless otherwise preempted by this subsection, designated zone facilities shall be subject to all applicable state and local laws, regulations, plans, and other requirements.
Sec. 1302. RCW
70.105.250 and 1985 c 448 s 12 are each amended to read as follows:
Any disputes between the department and the governing bodies of local governments in regard to the local planning requirements under RCW
70.105.220 (as recodified by this act) and the designation of zones under RCW
70.105.225 (as recodified by this act) may be appealed by the department or the governing body of the local government to the pollution control hearings board established under chapter
43.21B RCW.
Sec. 1303. RCW
70.105.270 and 1985 c 448 s 15 are each amended to read as follows:
The requirements of RCW
70.105.200 through
70.105.230 and
70.105.240(4)
(as recodified by this act) shall not become mandatory until funding is appropriated by the legislature.
Sec. 1304. RCW
70.105.280 and 2013 2nd sp.s. c 1 s 14 are each amended to read as follows:
(1) The department may assess reasonable service charges against those facilities that store, treat, incinerate, or dispose of dangerous or extremely hazardous waste that contains both a nonradioactive hazardous component and a radioactive component or which are undergoing closure under this chapter in those instances where closure entails the physical characterization of remaining wastes which contain both a nonradioactive hazardous component and a radioactive component or the management of such wastes through treatment or removal, except any commercial low-level radioactive waste facility. Service charges may not exceed the costs to the department in carrying out the duties of this section.
(2) Program elements or activities for which service charges may be assessed include:
(a) Office, staff, and staff support for the purposes of facility or unit permit development, review, and issuance; and
(b) Actions taken to determine and ensure compliance with the state's hazardous waste management act.
(3) Moneys collected through the imposition of such service charges shall be deposited in the radioactive mixed waste account created in RCW
70.105.310 (as recodified by this act).
(4) The department shall adopt rules necessary to implement this section. Facilities that store, treat, incinerate, or dispose of dangerous or extremely hazardous waste that contains both a nonradioactive hazardous component and a radioactive component shall not be subject to service charges prior to such rule making. Facilities undergoing closure under this chapter in those instances where closure entails the physical characterization of remaining wastes which contain both a nonradioactive hazardous component and a radioactive component or the management of such wastes through treatment or removal shall not be subject to service charges prior to such rule making.
Sec. 1305. RCW
70.105.310 and 2013 2nd sp.s. c 1 s 12 are each amended to read as follows:
The radioactive mixed waste account is created within the state treasury. All receipts received from facilities assessed service charges established under RCW
70.105.280 (as recodified by this act) must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may only be used for carrying out the department's powers and duties under this chapter related to the regulation of facilities that treat, store, or dispose of mixed waste or mixed waste facilities that are undergoing closure.
Sec. 1306. RCW
70.105D.020 and 2013 2nd sp.s. c 1 s 2 are each reenacted and amended to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Agreed order" means an order issued by the department under this chapter with which the potentially liable person or prospective purchaser receiving the order agrees to comply. An agreed order may be used to require or approve any cleanup or other remedial actions but it is not a settlement under RCW
70.105D.040(4)
(as recodified by this act) and shall not contain a covenant not to sue, or provide protection from claims for contribution, or provide eligibility for public funding of remedial actions under RCW ((
70.105D.070(3) (k) and (q)))
70.105D.200(4)(a) (v) and (vi) (as recodified by this act).
(2) "Area-wide groundwater contamination" means groundwater contamination on multiple adjacent properties with different ownerships consisting of hazardous substances from multiple sources that have resulted in commingled plumes of contaminated groundwater that are not practicable to address separately.
(3) "Brownfield property" means previously developed and currently abandoned or underutilized real property and adjacent surface waters and sediment where environmental, economic, or community reuse objectives are hindered by the release or threatened release of hazardous substances that the department has determined requires remedial action under this chapter or that the United States environmental protection agency has determined requires remedial action under the federal cleanup law.
(4) "City" means a city or town.
(5) "Department" means the department of ecology.
(6) "Director" means the director of ecology or the director's designee.
(7) "Environmental covenant" has the same meaning as defined in RCW
64.70.020.
(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, other than a consumer product in consumer use, has been deposited, stored, disposed of, or placed, or otherwise come to be located.
(9) "Federal cleanup law" means the federal comprehensive environmental response, compensation, and liability act of 1980, 42 U.S.C. Sec. 9601 et seq., as amended by Public Law 99-499.
(10)(a) "Fiduciary" means a person acting for the benefit of another party as a bona fide trustee; executor; administrator; custodian; guardian of estates or guardian ad litem; receiver; conservator; committee of estates of incapacitated persons; trustee in bankruptcy; trustee, under an indenture agreement, trust agreement, lease, or similar financing agreement, for debt securities, certificates of interest or certificates of participation in debt securities, or other forms of indebtedness as to which the trustee is not, in the capacity of trustee, the lender. Except as provided in subsection (22)(b)(iii) of this section, the liability of a fiduciary under this chapter shall not exceed the assets held in the fiduciary capacity.
(b) "Fiduciary" does not mean:
(i) A person acting as a fiduciary with respect to a trust or other fiduciary estate that was organized for the primary purpose of, or is engaged in, actively carrying on a trade or business for profit, unless the trust or other fiduciary estate was created as part of, or to facilitate, one or more estate plans or because of the incapacity of a natural person;
(ii) A person who acquires ownership or control of a facility with the objective purpose of avoiding liability of the person or any other person. It is prima facie evidence that the fiduciary acquired ownership or control of the facility to avoid liability if the facility is the only substantial asset in the fiduciary estate at the time the facility became subject to the fiduciary estate;
(iii) A person who acts in a capacity other than that of a fiduciary or in a beneficiary capacity and in that capacity directly or indirectly benefits from a trust or fiduciary relationship;
(iv) A person who is a beneficiary and fiduciary with respect to the same fiduciary estate, and who while acting as a fiduciary receives benefits that exceed customary or reasonable compensation, and incidental benefits permitted under applicable law;
(v) A person who is a fiduciary and receives benefits that substantially exceed customary or reasonable compensation, and incidental benefits permitted under applicable law; or
(vi) A person who acts in the capacity of trustee of state or federal lands or resources.
(11) "Fiduciary capacity" means the capacity of a person holding title to a facility, or otherwise having control of an interest in the facility pursuant to the exercise of the responsibilities of the person as a fiduciary.
(12) "Foreclosure and its equivalents" means purchase at a foreclosure sale, acquisition, or assignment of title in lieu of foreclosure, termination of a lease, or other repossession, acquisition of a right to title or possession, an agreement in satisfaction of the obligation, or any other comparable formal or informal manner, whether pursuant to law or under warranties, covenants, conditions, representations, or promises from the borrower, by which the holder acquires title to or possession of a facility securing a loan or other obligation.
(13) "Hazardous substance" means:
(a) Any dangerous or extremely hazardous waste as defined in RCW
70.105.010 (1) and (7)
(as recodified by this act), or any dangerous or extremely dangerous waste designated by rule pursuant to chapter
70.105 RCW
(as recodified by this act);
(b) Any hazardous substance as defined in RCW
70.105.010(10)
(as recodified by this act) or any hazardous substance as defined by rule pursuant to chapter
70.105 RCW
(as recodified by this act);
(c) Any substance that, on March 1, 1989, is a hazardous substance under section 101(14) of the federal cleanup law, 42 U.S.C. Sec. 9601(14);
(d) Petroleum or petroleum products; and
(e) Any substance or category of substances, including solid waste decomposition products, determined by the director by rule to present a threat to human health or the environment if released into the environment.
The term hazardous substance does not include any of the following when contained in an underground storage tank from which there is not a release: Crude oil or any fraction thereof or petroleum, if the tank is in compliance with all applicable federal, state, and local law.
(14) "Holder" means a person who holds indicia of ownership primarily to protect a security interest. A holder includes the initial holder such as the loan originator, any subsequent holder such as a successor-in-interest or subsequent purchaser of the security interest on the secondary market, a guarantor of an obligation, surety, or any other person who holds indicia of ownership primarily to protect a security interest, or a receiver, court-appointed trustee, or other person who acts on behalf or for the benefit of a holder. A holder can be a public or privately owned financial institution, receiver, conservator, loan guarantor, or other similar persons that loan money or guarantee repayment of a loan. Holders typically are banks or savings and loan institutions but may also include others such as insurance companies, pension funds, or private individuals that engage in loaning of money or credit.
(15) "Independent remedial actions" means remedial actions conducted without department oversight or approval, and not under an order, agreed order, or consent decree.
(16) "Indicia of ownership" means evidence of a security interest, evidence of an interest in a security interest, or evidence of an interest in a facility securing a loan or other obligation, including any legal or equitable title to a facility acquired incident to foreclosure and its equivalents. Evidence of such interests includes, mortgages, deeds of trust, sellers interest in a real estate contract, liens, surety bonds, and guarantees of obligations, title held pursuant to a lease financing transaction in which the lessor does not select initially the leased facility, or legal or equitable title obtained pursuant to foreclosure and their equivalents. Evidence of such interests also includes assignments, pledges, or other rights to or other forms of encumbrance against the facility that are held primarily to protect a security interest.
(17) "Industrial properties" means properties that are or have been characterized by, or are to be committed to, traditional industrial uses such as processing or manufacturing of materials, marine terminal and transportation areas and facilities, fabrication, assembly, treatment, or distribution of manufactured products, or storage of bulk materials, that are either:
(a) Zoned for industrial use by a city or county conducting land use planning under chapter
36.70A RCW; or
(b) For counties not planning under chapter
36.70A RCW and the cities within them, zoned for industrial use and adjacent to properties currently used or designated for industrial purposes.
(18) "Institutional controls" means measures undertaken to limit or prohibit activities that may interfere with the integrity of a remedial action or result in exposure to or migration of hazardous substances at a site. "Institutional controls" include environmental covenants.
(19) "Local government" means any political subdivision of the state, including a town, city, county, special purpose district, or other municipal corporation, including brownfield renewal authority created under RCW
70.105D.160 (as recodified by this act).
(20) "Model remedy" or "model remedial action" means a set of technologies, procedures, and monitoring protocols identified by the department for use in routine types of clean-up projects at facilities that have common features and lower risk to human health and the environment.
(21) "Operating a facility primarily to protect a security interest" occurs when all of the following are met: (a) Operating the facility where the borrower has defaulted on the loan or otherwise breached the security agreement; (b) operating the facility to preserve the value of the facility as an ongoing business; (c) the operation is being done in anticipation of a sale, transfer, or assignment of the facility; and (d) the operation is being done primarily to protect a security interest. Operating a facility for longer than one year prior to foreclosure or its equivalents shall be presumed to be operating the facility for other than to protect a security interest.
(22) "Owner or operator" means:
(a) Any person with any ownership interest in the facility or who exercises any control over the facility; or
(b) In the case of an abandoned facility, any person who had owned, or operated, or exercised control over the facility any time before its abandonment;
The term does not include:
(i) An agency of the state or unit of local government which acquired ownership or control through a drug forfeiture action under RCW
69.50.505, or involuntarily through bankruptcy, tax delinquency, abandonment, or other 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;
(ii) A person who, without participating in the management of a facility, holds indicia of ownership primarily to protect the person's security interest in the facility. Holders after foreclosure and its equivalent and holders who engage in any of the activities identified in subsection (23)(e) through (g) of this section shall not lose this exemption provided the holder complies with all of the following:
(A) The holder properly maintains the environmental compliance measures already in place at the facility;
(B) The holder complies with the reporting requirements in the rules adopted under this chapter;
(C) The holder complies with any order issued to the holder by the department to abate an imminent or substantial endangerment;
(D) The holder allows the department or potentially liable persons under an order, agreed order, or settlement agreement under this chapter access to the facility to conduct remedial actions and does not impede the conduct of such remedial actions;
(E) Any remedial actions conducted by the holder are in compliance with any preexisting requirements identified by the department, or, if the department has not identified such requirements for the facility, the remedial actions are conducted consistent with the rules adopted under this chapter; and
(F) The holder does not exacerbate an existing release. The exemption in this subsection (22)(b)(ii) does not apply to holders who cause or contribute to a new release or threatened release or who are otherwise liable under RCW
70.105D.040(1) (b), (c), (d), and (e)
(as recodified by this act); provided, however, that a holder shall not lose this exemption if it establishes that any such new release has been remediated according to the requirements of this chapter and that any hazardous substances remaining at the facility after remediation of the new release are divisible from such new release;
(iii) A fiduciary in his, her, or its personal or individual capacity. This exemption does not preclude a claim against the assets of the estate or trust administered by the fiduciary or against a nonemployee agent or independent contractor retained by a fiduciary. This exemption also does not apply to the extent that a person is liable under this chapter independently of the person's ownership as a fiduciary or for actions taken in a fiduciary capacity which cause or contribute to a new release or exacerbate an existing release of hazardous substances. This exemption applies provided that, to the extent of the fiduciary's powers granted by law or by the applicable governing instrument granting fiduciary powers, the fiduciary complies with all of the following:
(A) The fiduciary properly maintains the environmental compliance measures already in place at the facility;
(B) The fiduciary complies with the reporting requirements in the rules adopted under this chapter;
(C) The fiduciary complies with any order issued to the fiduciary by the department to abate an imminent or substantial endangerment;
(D) The fiduciary allows the department or potentially liable persons under an order, agreed order, or settlement agreement under this chapter access to the facility to conduct remedial actions and does not impede the conduct of such remedial actions;
(E) Any remedial actions conducted by the fiduciary are in compliance with any preexisting requirements identified by the department, or, if the department has not identified such requirements for the facility, the remedial actions are conducted consistent with the rules adopted under this chapter; and
(F) The fiduciary does not exacerbate an existing release.
The exemption in this subsection (22)(b)(iii) does not apply to fiduciaries who cause or contribute to a new release or threatened release or who are otherwise liable under RCW
70.105D.040(1) (b), (c), (d), and (e)
(as recodified by this act); provided however, that a fiduciary shall not lose this exemption if it establishes that any such new release has been remediated according to the requirements of this chapter and that any hazardous substances remaining at the facility after remediation of the new release are divisible from such new release. The exemption in this subsection (22)(b)(iii) also does not apply where the fiduciary's powers to comply with this subsection (22)(b)(iii) are limited by a governing instrument created with the objective purpose of avoiding liability under this chapter or of avoiding compliance with this chapter; or
(iv) Any person who has any ownership interest in, operates, or exercises control over real property where a hazardous substance has come to be located solely as a result of migration of the hazardous substance to the real property through the groundwater from a source off the property, if:
(A) The person can demonstrate that the hazardous substance has not been used, placed, managed, or otherwise handled on the property in a manner likely to cause or contribute to a release of the hazardous substance that has migrated onto the property;
(B) The person has not caused or contributed to the release of the hazardous substance;
(C) The person does not engage in activities that damage or interfere with the operation of remedial actions installed on the person's property or engage in activities that result in exposure of humans or the environment to the contaminated groundwater that has migrated onto the property;
(D) If requested, the person allows the department, potentially liable persons who are subject to an order, agreed order, or consent decree, and the authorized employees, agents, or contractors of each, access to the property to conduct remedial actions required by the department. The person may attempt to negotiate an access agreement before allowing access; and
(E) Legal withdrawal of groundwater does not disqualify a person from the exemption in this subsection (22)(b)(iv).
(23) "Participation in management" means exercising decision-making control over the borrower's operation of the facility, environmental compliance, or assuming or manifesting responsibility for the overall management of the enterprise encompassing the day-to-day decision making of the enterprise.
The term does not include any of the following: (a) A holder with the mere capacity or ability to influence, or the unexercised right to control facility operations; (b) a holder who conducts or requires a borrower to conduct an environmental audit or an environmental site assessment at the facility for which indicia of ownership is held; (c) a holder who requires a borrower to come into compliance with any applicable laws or regulations at the facility for which indicia of ownership is held; (d) a holder who requires a borrower to conduct remedial actions including setting minimum requirements, but does not otherwise control or manage the borrower's remedial actions or the scope of the borrower's remedial actions except to prepare a facility for sale, transfer, or assignment; (e) a holder who engages in workout or policing activities primarily to protect the holder's security interest in the facility; (f) a holder who prepares a facility for sale, transfer, or assignment or requires a borrower to prepare a facility for sale, transfer, or assignment; (g) a holder who operates a facility primarily to protect a security interest, or requires a borrower to continue to operate, a facility primarily to protect a security interest; and (h) a prospective holder who, as a condition of becoming a holder, requires an owner or operator to conduct an environmental audit, conduct an environmental site assessment, come into compliance with any applicable laws or regulations, or conduct remedial actions prior to holding a security interest is not participating in the management of the facility.
(24) "Person" means an individual, firm, corporation, association, partnership, consortium, joint venture, commercial entity, state government agency, unit of local government, federal government agency, or Indian tribe.
(25) "Policing activities" means actions the holder takes to ensure that the borrower complies with the terms of the loan or security interest or actions the holder takes or requires the borrower to take to maintain the value of the security. Policing activities include: Requiring the borrower to conduct remedial actions at the facility during the term of the security interest; requiring the borrower to comply or come into compliance with applicable federal, state, and local environmental and other laws, regulations, and permits during the term of the security interest; securing or exercising authority to monitor or inspect the facility including on-site inspections, or to monitor or inspect the borrower's business or financial condition during the term of the security interest; or taking other actions necessary to adequately police the loan or security interest such as requiring a borrower to comply with any warranties, covenants, conditions, representations, or promises from the borrower.
(26) "Potentially liable person" means any person whom the department finds, based on credible evidence, to be liable under RCW
70.105D.040 (as recodified by this act). The department shall give notice to any such person and allow an opportunity for comment before making the finding, unless an emergency requires otherwise.
(27) "Prepare a facility for sale, transfer, or assignment" means to secure access to the facility; perform routine maintenance on the facility; remove inventory, equipment, or structures; properly maintain environmental compliance measures already in place at the facility; conduct remedial actions to cleanup releases at the facility; or to perform other similar activities intended to preserve the value of the facility where the borrower has defaulted on the loan or otherwise breached the security agreement or after foreclosure and its equivalents and in anticipation of a pending sale, transfer, or assignment, primarily to protect the holder's security interest in the facility. A holder can prepare a facility for sale, transfer, or assignment for up to one year prior to foreclosure and its equivalents and still stay within the security interest exemption in subsection (22)(b)(ii) of this section.
(28) "Primarily to protect a security interest" means the indicia of ownership is held primarily for the purpose of securing payment or performance of an obligation. The term does not include indicia of ownership held primarily for investment purposes nor indicia of ownership held primarily for purposes other than as protection for a security interest. A holder may have other, secondary reasons, for maintaining indicia of ownership, but the primary reason must be for protection of a security interest. Holding indicia of ownership after foreclosure or its equivalents for longer than five years shall be considered to be holding the indicia of ownership for purposes other than primarily to protect a security interest. For facilities that have been acquired through foreclosure or its equivalents prior to July 23, 1995, this five-year period shall begin as of July 23, 1995.
(29) "Prospective purchaser" means a person who is not currently liable for remedial action at a facility and who proposes to purchase, redevelop, or reuse the facility.
(30) "Public notice" means, at a minimum, adequate notice mailed to all persons who have made timely request of the department and to persons residing in the potentially affected vicinity of the proposed action; mailed to appropriate news media; published in the newspaper of largest circulation in the city or county of the proposed action; and opportunity for interested persons to comment.
(31) "Redevelopment opportunity zone" means a geographic area designated under RCW
70.105D.150 (as recodified by this act).
(32) "Release" means any intentional or unintentional entry of any hazardous substance into the environment, including but not limited to the abandonment or disposal of containers of hazardous substances.
(33) "Remedy" or "remedial action" means any action or expenditure consistent with the purposes of this chapter to identify, eliminate, or minimize any threat or potential threat posed by hazardous substances to human health or the environment including any investigative and monitoring activities with respect to any release or threatened release of a hazardous substance and any health assessments or health effects studies conducted in order to determine the risk or potential risk to human health.
(34) "Security interest" means an interest in a facility created or established for the purpose of securing a loan or other obligation. Security interests include deeds of trusts, sellers interest in a real estate contract, liens, legal, or equitable title to a facility acquired incident to foreclosure and its equivalents, and title pursuant to lease financing transactions. Security interests may also arise from transactions such as sale and leasebacks, conditional sales, installment sales, trust receipt transactions, certain assignments, factoring agreements, accounts receivable financing arrangements, easements, and consignments, if the transaction creates or establishes an interest in a facility for the purpose of securing a loan or other obligation.
(35) "Workout activities" means those actions by which a holder, at any time prior to foreclosure and its equivalents, seeks to prevent, cure, or mitigate a default by the borrower or obligor; or to preserve, or prevent the diminution of, the value of the security. Workout activities include: Restructuring or renegotiating the terms of the security interest; requiring payment of additional rent or interest; exercising forbearance; requiring or exercising rights pursuant to an assignment of accounts or other amounts owed to an obligor; requiring or exercising rights pursuant to an escrow agreement pertaining to amounts owed to an obligor; providing specific or general financial or other advice, suggestions, counseling, or guidance; and exercising any right or remedy the holder is entitled to by law or under any warranties, covenants, conditions, representations, or promises from the borrower.
Sec. 1307. RCW
70.105D.030 and 2019 c 422 s 401 and 2019 c 95 s 3 are each reenacted and amended to read as follows:
(1) The department may exercise the following powers in addition to any other powers granted by law:
(a) Investigate, provide for investigating, or require potentially liable persons to investigate any releases or threatened releases of hazardous substances, including but not limited to inspecting, sampling, or testing to determine the nature or extent of any release or threatened release. If there is a reasonable basis to believe that a release or threatened release of a hazardous substance may exist, the department's authorized employees, agents, or contractors may enter upon any property and conduct investigations. The department shall give reasonable notice before entering property unless an emergency prevents such notice. The department may by subpoena require the attendance or testimony of witnesses and the production of documents or other information that the department deems necessary;
(b) Conduct, provide for conducting, or require potentially liable persons to conduct remedial actions (including investigations under (a) of this subsection) to remedy releases or threatened releases of hazardous substances. In carrying out such powers, the department's authorized employees, agents, or contractors may enter upon property. The department must give reasonable notice before entering property unless an emergency prevents such notice. In conducting, providing for, or requiring remedial action, the department must give preference to permanent solutions to the maximum extent practicable and must provide for or require adequate monitoring to ensure the effectiveness of the remedial action;
(c) Indemnify contractors retained by the department for carrying out investigations and remedial actions, but not for any contractor's reckless or willful misconduct;
(d) Carry out all state programs authorized under the federal cleanup law and the federal resource, conservation, and recovery act, 42 U.S.C. Sec. 6901 et seq., as amended;
(e) Classify substances as hazardous substances for purposes of RCW
70.105D.020 (as recodified by this act) and classify substances and products as hazardous substances for purposes of RCW
82.21.020(1);
(f) Issue orders or enter into consent decrees or agreed orders that include, or issue written opinions under RCW
70.105D.180 (as recodified by this act) that may be conditioned upon, environmental covenants where necessary to protect human health and the environment from a release or threatened release of a hazardous substance from a facility. Prior to establishing an environmental covenant under this subsection, the department must consult with and seek comment from a city or county department with land use planning authority for real property subject to the environmental covenant;
(g) Enforce the application of permanent and effective institutional controls that are necessary for a remedial action to be protective of human health and the environment and the notification requirements established in RCW
70.105D.110 (as recodified by this act), and impose penalties for violations of that section consistent with RCW
70.105D.050 (as recodified by this act);
(h) Require holders to conduct remedial actions necessary to abate an imminent or substantial endangerment pursuant to RCW
70.105D.020(22)(b)(ii)(C)
(as recodified by this act);
(i) In fulfilling the objectives of this chapter, the department must allocate staffing and financial assistance in a manner that considers both the reduction of human and environmental risks and the land reuse potential and planning for the facilities to be cleaned up. This does not preclude the department from allocating resources to a facility based solely on human or environmental risks;
(j) Establish model remedies for common categories of facilities, types of hazardous substances, types of media, or geographic areas to streamline and accelerate the selection of remedies for routine types of cleanups at facilities;
(i) When establishing a model remedy, the department must:
(A) Identify the requirements for characterizing a facility to select a model remedy, the applicability of the model remedy for use at a facility, and monitoring requirements;
(B) Describe how the model remedy meets clean-up standards and the requirements for selecting a remedy established by the department under this chapter; and
(C) Provide public notice and an opportunity to comment on the proposed model remedy and the conditions under which it may be used at a facility;
(ii) When developing model remedies, the department must solicit and consider proposals from qualified persons. The proposals must, in addition to describing the model remedy, provide the information required under (j)(i)(A) and (B) of this subsection;
(iii) If a facility meets the requirements for use of a model remedy, an analysis of the feasibility of alternative remedies is not required under this chapter. For department-conducted and department-supervised remedial actions, the department must provide public notice and consider public comments on the proposed use of a model remedy at a facility; and
(k) Take any other actions necessary to carry out the provisions of this chapter, including the power to adopt rules under chapter
34.05 RCW.
(2) The department must immediately implement all provisions of this chapter to the maximum extent practicable, including investigative and remedial actions where appropriate. The department must adopt, and thereafter enforce, rules under chapter
34.05 RCW to:
(a) Provide for public participation, including at least (i) public notice of the development of investigative plans or remedial plans for releases or threatened releases and (ii) concurrent public notice of all compliance orders, agreed orders, enforcement orders, or notices of violation;
(b) Establish a hazard ranking system for hazardous waste sites;
(c) Provide for requiring the reporting by an owner or operator of releases of hazardous substances to the environment that may be a threat to human health or the environment within ninety days of discovery, including such exemptions from reporting as the department deems appropriate, however this requirement may not modify any existing requirements provided for under other laws;
(d) Establish reasonable deadlines not to exceed ninety days for initiating an investigation of a hazardous waste site after the department receives notice or otherwise receives information that the site may pose a threat to human health or the environment and other reasonable deadlines for remedying releases or threatened releases at the site;
(e) Publish and periodically update minimum clean-up standards for remedial actions at least as stringent as the clean-up standards under section 121 of the federal cleanup law, 42 U.S.C. Sec. 9621, and at least as stringent as all applicable state and federal laws, including health-based standards under state and federal law; and
(f) Apply industrial clean-up standards at industrial properties. Rules adopted under this subsection must ensure that industrial properties cleaned up to industrial standards cannot be converted to nonindustrial uses without approval from the department. The department may require that a property cleaned up to industrial standards is cleaned up to a more stringent applicable standard as a condition of conversion to a nonindustrial use. Industrial clean-up standards may not be applied to industrial properties where hazardous substances remaining at the property after remedial action pose a threat to human health or the environment in adjacent nonindustrial areas.
(3) To achieve and protect the state's long-term ecological health, the department must plan to clean up hazardous waste sites and prevent the creation of future hazards due to improper disposal of toxic wastes at a pace that matches the estimated cash resources in the model toxics control capital account. Estimated cash resources must consider the annual cash flow requirements of major projects that receive appropriations expected to cross multiple biennia.
(4) Before September 20th of each even-numbered year, the department must:
(a) Develop a comprehensive ten-year financing report in coordination with all local governments with clean-up responsibilities that identifies the projected biennial hazardous waste site remedial action needs that are eligible for funding from the model toxics control capital account;
(b) Work with local governments to develop working capital reserves to be incorporated in the ten-year financing report;
(c) Identify the projected remedial action needs for orphaned, abandoned, and other clean-up sites that are eligible for funding from the model toxics control capital account;
(d) Project the remedial action need, cost, revenue, and any recommended working capital reserve estimate to the next biennium's long-term remedial action needs from the model toxics control capital account, and submit this information to the appropriate standing fiscal and environmental committees of the senate and house of representatives. This submittal must also include a ranked list of such remedial action projects for the model toxics control capital account. The submittal must also identify separate budget estimates for large, multibiennia clean-up projects that exceed ten million dollars. The department must prepare its ten-year capital budget plan that is submitted to the office of financial management to reflect the separate budget estimates for these large clean-up projects and include information on the anticipated private and public funding obligations for completion of the relevant projects.
(5) By December 1st of each odd-numbered year, the department must provide the legislature and the public a report of the department's activities supported by appropriations from the model toxics control operating, capital, and stormwater accounts. The report must be prepared and displayed in a manner that allows the legislature and the public to easily determine the statewide and local progress made in cleaning up hazardous waste sites under this chapter. The report must include, at a minimum:
(a) The name, location, hazardous waste ranking, and a short description of each site on the hazardous sites list, and the date the site was placed on the hazardous waste sites list; and
(b) For sites where there are state contracts, grants, loans, or direct investments by the state:
(i) The amount of money from the model toxics control capital account used to conduct remedial actions at the site and the amount of that money recovered from potentially liable persons;
(ii) The actual or estimated start and end dates and the actual or estimated expenditures of funds authorized under this chapter for the following project phases:
(A) Emergency or interim actions, if needed;
(B) Remedial investigation;
(C) Feasibility study and selection of a remedy;
(D) Engineering design and construction of the selected remedy;
(E) Operation and maintenance or monitoring of the constructed remedy; and
(F) The final completion date.
(6) The department must establish a program to identify potential hazardous waste sites and to encourage persons to provide information about hazardous waste sites.
(7) For all facilities where an environmental covenant has been required under subsection (1)(f) of this section, including all facilities where the department has required an environmental covenant under an order, agreed order, or consent decree, or as a condition of a written opinion issued under the authority of RCW
70.105D.180 (as recodified by this act), the department must periodically review the environmental covenant for effectiveness. The department must conduct a review at least once every five years after an environmental covenant is recorded.
(a) The review must consist of, at a minimum:
(i) A review of the title of the real property subject to the environmental covenant to determine whether the environmental covenant was properly recorded and, if applicable, amended or terminated;
(ii) A physical inspection of the real property subject to the environmental covenant to determine compliance with the environmental covenant, including whether any development or redevelopment of the real property has violated the terms of the environmental covenant; and
(iii) A review of the effectiveness of the environmental covenant in limiting or prohibiting activities that may interfere with the integrity of the remedial action or that may result in exposure to or migration of hazardous substances. This must include a review of available monitoring data.
(b) If an environmental covenant has been amended or terminated without proper authority, or if the terms of an environmental covenant have been violated, or if the environmental covenant is no longer effective in limiting or prohibiting activities that may interfere with the integrity of the remedial action or that may result in exposure to or migration of hazardous substances, then the department must take any and all appropriate actions necessary to ensure compliance with the environmental covenant and the policies and requirements of this chapter.
Sec. 1308. RCW
70.105D.040 and 2013 2nd sp.s. c 1 s 7 are each amended to read as follows:
(1) Except as provided in subsection (3) of this section, the following persons are liable with respect to a facility:
(a) The owner or operator of the facility;
(b) Any person who owned or operated the facility at the time of disposal or release of the hazardous substances;
(c) Any person who owned or possessed a hazardous substance and who by contract, agreement, or otherwise arranged for disposal or treatment of the hazardous substance at the facility, or arranged with a transporter for transport for disposal or treatment of the hazardous substances at the facility, or otherwise generated hazardous wastes disposed of or treated at the facility;
(d) Any person (i) who accepts or accepted any hazardous substance for transport to a disposal, treatment, or other facility selected by such person from which there is a release or a threatened release for which remedial action is required, unless such facility, at the time of disposal or treatment, could legally receive such substance; or (ii) who accepts a hazardous substance for transport to such a facility and has reasonable grounds to believe that such facility is not operated in accordance with chapter
70.105 RCW
(as recodified by this act); and
(e) Any person who both sells a hazardous substance and is responsible for written instructions for its use if (i) the substance is used according to the instructions and (ii) the use constitutes a release for which remedial action is required at the facility.
(2) Each person who is liable under this section is strictly liable, jointly and severally, for all remedial action costs and for all natural resource damages resulting from the releases or threatened releases of hazardous substances. The attorney general, at the request of the department, is empowered to recover all costs and damages from persons liable therefor.
(3) The following persons are not liable under this section:
(a) Any person who can establish that the release or threatened release of a hazardous substance for which the person would be otherwise responsible was caused solely by:
(i) An act of God;
(ii) An act of war; or
(iii) An act or omission of a third party (including but not limited to a trespasser) other than (A) an employee or agent of the person asserting the defense, or (B) any person whose act or omission occurs in connection with a contractual relationship existing, directly or indirectly, with the person asserting this defense to liability. This defense only applies where the person asserting the defense has exercised the utmost care with respect to the hazardous substance, the foreseeable acts or omissions of the third party, and the foreseeable consequences of those acts or omissions;
(b) Any person who is an owner, past owner, or purchaser of a facility and who can establish by a preponderance of the evidence that at the time the facility was acquired by the person, the person had no knowledge or reason to know that any hazardous substance, the release or threatened release of which has resulted in or contributed to the need for the remedial action, was released or disposed of on, in, or at the facility. This subsection (3)(b) is limited as follows:
(i) To establish that a person had no reason to know, the person 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 (3)(b) shall take into account any specialized knowledge or experience on the part of the person, 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;
(ii) The defense contained in this subsection (3)(b) is not available to any person who had actual knowledge of the release or threatened release of a hazardous substance when the person owned the real property and who subsequently transferred ownership of the property without first disclosing such knowledge to the transferee;
(iii) The defense contained in this subsection (3)(b) is not available to any person who, by any act or omission, caused or contributed to the release or threatened release of a hazardous substance at the facility;
(c) Any natural person who uses a hazardous substance lawfully and without negligence for any personal or domestic purpose in or near a dwelling or accessory structure when that person is: (i) A resident of the dwelling; (ii) a person who, without compensation, assists the resident in the use of the substance; or (iii) a person who is employed by the resident, but who is not an independent contractor;
(d) Any person who, for the purpose of growing food crops, applies pesticides or fertilizers without negligence and in accordance with all applicable laws and regulations.
(4) There may be no settlement by the state with any person potentially liable under this chapter except in accordance with this section.
(a) The attorney general may agree to a settlement with any potentially liable person only if the department finds, after public notice and any required hearing, that the proposed settlement would lead to a more expeditious cleanup of hazardous substances in compliance with clean-up standards under RCW
70.105D.030(2)(e)
(as recodified by this act) and with any remedial orders issued by the department. Whenever practicable and in the public interest, the attorney general may expedite such a settlement with persons whose contribution is insignificant in amount and toxicity. A hearing shall be required only if at least ten persons request one or if the department determines a hearing is necessary.
(b) A settlement agreement under this section shall be entered as a consent decree issued by a court of competent jurisdiction.
(c) A settlement agreement may contain a covenant not to sue only of a scope commensurate with the settlement agreement in favor of any person with whom the attorney general has settled under this section. Any covenant not to sue shall contain a reopener clause which requires the court to amend the covenant not to sue if factors not known at the time of entry of the settlement agreement are discovered and present a previously unknown threat to human health or the environment.
(d) A party who has resolved its liability to the state under this section shall not be liable for claims for contribution regarding matters addressed in the settlement. The settlement does not discharge any of the other liable parties but it reduces the total potential liability of the others to the state by the amount of the settlement.
(e) If the state has entered into a consent decree with an owner or operator under this section, the state shall not enforce this chapter against any owner or operator who is a successor in interest to the settling party unless under the terms of the consent decree the state could enforce against the settling party, if:
(i) The successor owner or operator is liable with respect to the facility solely due to that person's ownership interest or operator status acquired as a successor in interest to the owner or operator with whom the state has entered into a consent decree; and
(ii) The stay of enforcement under this subsection does not apply if the consent decree was based on circumstances unique to the settling party that do not exist with regard to the successor in interest, such as financial hardship. For consent decrees entered into before July 27, 1997, at the request of a settling party or a potential successor owner or operator, the attorney general shall issue a written opinion on whether a consent decree contains such unique circumstances. For all other consent decrees, such unique circumstances shall be specified in the consent decree.
(f) Any person who is not subject to enforcement by the state under (e) of this subsection is not liable for claims for contribution regarding matters addressed in the settlement.
(5)(a) In addition to the settlement authority provided under subsection (4) of this section, the attorney general may agree to a settlement with a prospective purchaser, provided that:
(i) The settlement will yield substantial new resources to facilitate cleanup;
(ii) The settlement will expedite remedial action at the facility consistent with the rules adopted under this chapter; and
(iii) Based on available information, the department determines that the redevelopment or reuse of the facility is not likely to contribute to the existing release or threatened release, interfere with remedial actions that may be needed at the facility, or increase health risks to persons at or in the vicinity of the facility.
(b) The legislature recognizes that the state does not have adequate resources to participate in all property transactions involving contaminated property. The primary purpose of this subsection (5) is to promote the cleanup and reuse of brownfield property. The attorney general and the department may give priority to settlements that will provide a substantial public benefit in addition to cleanup.
(c) A settlement entered under this subsection is governed by subsection (4) of this section.
(6) As an alternative to a settlement under subsection (5) of this section, the department may enter into an agreed order with a prospective purchaser of a property within a designated redevelopment opportunity zone. The agreed order is subject to the limitations in RCW
70.105D.020(1)
(as recodified by this act), but stays enforcement by the department under this chapter regarding remedial actions required by the agreed order as long as the prospective purchaser complies with the requirements of the agreed order.
(7) Nothing in this chapter affects or modifies in any way any person's right to seek or obtain relief under other statutes or under common law, including but not limited to damages for injury or loss resulting from a release or threatened release of a hazardous substance. No settlement by the department or remedial action ordered by a court or the department affects any person's right to obtain a remedy under common law or other statutes.
Sec. 1309. RCW
70.105D.050 and 2019 c 422 s 402 are each amended to read as follows:
(1) With respect to any release, or threatened release, for which the department does not conduct or contract for conducting remedial action and for which the department believes remedial action is in the public interest, the director must issue orders or agreed orders requiring potentially liable persons to provide the remedial action. Any liable person, or prospective purchaser who has entered into an agreed order under RCW
70.105D.040(6)
(as recodified by this act), who refuses, without sufficient cause, to comply with an order or agreed order of the director is liable in an action brought by the attorney general for:
(a) Up to three times the amount of any costs incurred by the state as a result of the party's refusal to comply; and
(b) A civil penalty of up to twenty-five thousand dollars for each day the party refuses to comply.
The treble damages and civil penalty under this subsection apply to all recovery actions filed on or after March 1, 1989.
(2) Any person who incurs costs complying with an order issued under subsection (1) of this section may petition the department for reimbursement of those costs. If the department refuses to grant reimbursement, the person may within thirty days thereafter file suit and recover costs by proving that he or she was not a liable person under RCW
70.105D.040 (as recodified by this act) and that the costs incurred were reasonable.
(3) The attorney general must seek, by filing an action if necessary, to recover the amounts spent by the department for investigative and remedial actions and orders, and agreed orders, including amounts spent prior to March 1, 1989.
(4) The attorney general may bring an action to secure such relief as is necessary to protect human health and the environment under this chapter.
(5)(a) Any person may commence a civil action to compel the department to perform any nondiscretionary duty under this chapter. At least thirty days before commencing the action, the person must give notice of intent to sue, unless a substantial endangerment exists. The court may award attorneys' fees and other costs to the prevailing party in the action.
(b) Civil actions under this section and RCW
70.105D.060 (as recodified by this act) may be brought in the superior court of Thurston county or of the county in which the release or threatened release exists.
(6) Any person who fails to provide notification of releases consistent with RCW
70.105D.110 (as recodified by this act) or who submits false information is liable in an action brought by the attorney general for a civil penalty of up to five thousand dollars per day for each day the party refuses to comply.
(7) Any person who owns real property or lender holding a mortgage on real property that is subject to a lien filed under RCW
70.105D.055 (as recodified by this act) may petition the department to have the lien removed or the amount of the lien reduced. If, after consideration of the petition and the information supporting the petition, the department decides to deny the request, the person may, within ninety days after receipt of the department's denial, file suit for removal or reduction of the lien. The person is entitled to removal of a lien filed under RCW
70.105D.055(2)(a)
(as recodified by this act) if they can prove by a preponderance of the evidence that the person is not a liable party under RCW
70.105D.040 (as recodified by this act). The person is entitled to a reduction of the amount of the lien if they can prove by a preponderance of the evidence:
(a) For liens filed under RCW
70.105D.055(2)(a)
(as recodified by this act), the amount of the lien exceeds the remedial action costs the department incurred related to cleanup of the real property; and
(b) For liens filed under RCW
70.105D.055(2)(c)
(as recodified by this act), the amount of the lien exceeds the remedial action costs the department incurred related to cleanup of the real property or exceeds the increase of the fair market value of the real property solely attributable to the remedial action conducted by the department.
(8) The expenditure of moneys under the model toxics control operating, capital, and stormwater accounts created in RCW
70.105D.190 through
70.105D.210 (as recodified by this act) does not alter the liability of any person under this chapter, or the authority of the department under this chapter, including the authority to recover those moneys.
Sec. 1310. RCW
70.105D.055 and 2005 c 211 s 1 are each amended to read as follows:
(1) It is in the public interest for the department to recover remedial action costs incurred in discharging its responsibility under this chapter, as these recovered funds can then be applied to the cleanup of other facilities. Thus, in addition to other cost-recovery mechanisms provided under this chapter, this section is intended to facilitate the recovery of state funds spent on remedial actions by providing the department with lien authority. This will also prevent a facility owner or mortgagee from gaining a financial windfall from increased land value resulting from department-conducted remedial actions at the expense of the state taxpayers.
(2) If the state of Washington incurs remedial action costs relating to a remedial action of real property, and those remedial action costs are unrecovered by the state of Washington, the department may file a lien against that real property.
(a) Except as provided in (c) of this subsection, liens filed under this section shall have priority in rank over all other privileges, liens, monetary encumbrances, or other security interests affecting the real property, whenever incurred, filed, or recorded, except for the following liens:
(i) Local and special district property tax assessments; and
(ii) Mortgage liens recorded before liens or notices of intent to conduct remedial actions are recorded under this section.
(b) Liens filed pursuant to (a) and (c) of this subsection shall not exceed the remedial action costs incurred by the state.
(c)(i) If the real property for which the department has incurred remedial action costs is abandoned, the department may choose to limit the amount of the lien to the increase in the fair market value of the real property that is attributable to a remedial action conducted by the department. The increase in fair market value shall be determined by subtracting the county assessor's value of the real property for the most recent year prior to remedial action being initiated from the value of the real property after remedial action. The value of the real property after remedial action shall be determined by the bona fide purchase price of the real property or by a real estate appraiser retained by the department. Liens limited in this way have priority in rank over all other privileges, liens, monetary encumbrances, or other security interests affecting the real property, whenever incurred, filed, or recorded.
(ii) For the purposes of this subsection, "abandoned" means there has not been significant business activity on the real property for three years or property taxes owed on the real property are three years in arrears prior to the department incurring costs attributable to this lien.
(d) The department shall, when notifying potentially liable persons of their potential liability under RCW
70.105D.040 (as recodified by this act), include a notice stating that if the department incurs remedial action costs relating to the remediation of real property and the costs are not recovered by the department, the department may file a lien against that real property under this section.
(e) Except for emergency remedial actions, the department must provide notice to the following persons before initiating remedial actions conducted by persons under contract to the department on real property on which a lien may be filed under this section:
(i) The real property owner;
(ii) Mortgagees;
(iii) Lienholders of record;
(iv) Persons known to the department to be conducting remedial actions at the facility at the time of such notice; and
(v) Persons known to the department to be under contract to conduct remedial actions at the facility at the time of such notice.
For emergency remedial actions, this notice shall be provided within thirty days after initiation of the emergency remedial actions.
(f) The department may record a copy of the notice in (e) of this subsection, along with a legal description of the property on which the remedial action will take place, with the county auditor in the county where the real property is located. If the department subsequently files a lien, the effective date of the lien will be the date this notice was recorded.
(3) Before filing a lien under this section, the department shall give the owner of real property on which the lien is to be filed and mortgagees and lienholders of record a notice of its intent to file a lien:
(a) The notice required under this subsection (3) must be sent by certified mail to the real property owner and mortgagees of record at the addresses listed in the recorded documents. If the real property owner is unknown or if a mailed notice is returned as undeliverable, the department shall provide notice by posting a legal notice in the newspaper of largest circulation in the county (([in which]))in which the site is located. The notice shall provide:
(i) A statement of the purpose of the lien;
(ii) A brief description of the real property to be affected by the lien;
(iii) A statement of the remedial action costs incurred by the state related to the real property affected by the lien;
(iv) A brief statement of facts showing probable cause that the real property is the subject of the remedial action costs incurred by the department; and
(v) The time period following service or other notice during which any recipient of the notice whose legal rights may be affected by the lien may comment on the notice.
(b) Any comments on the notice must be received by the department on or before thirty days following service or other provision of the notice of intent to file a lien.
(c) If no comments are received by the department, the lien may be filed on the real property immediately.
(d) If the department receives any comments on the lien, the department shall determine if there is probable cause for filing the certificate of lien. If the department determines there is probable cause, the department may file the lien. Any further challenge to the lien may only occur at the times specified under RCW
70.105D.060 (as recodified by this act).
(e) If the department has reason to believe that exigent circumstances require the filing of a lien prior to giving notice under this subsection (3), or prior to the expiration of the time period for comments, the department may file the lien immediately. For the purposes of this subsection (3), exigent circumstances include, but are not limited to, an imminent bankruptcy filing by the real property owner, or the imminent transfer or sale of the real property subject to lien by the real property owner, or both.
(4) A lien filed under this section is effective when a statement of lien is filed with the county auditor in the county where the real property is located. The statement of lien must include a description of the real property subject to lien and the amount of the lien.
(5) Unless the department determines it is in the public interest to remove the lien, the lien continues until the liability for the remedial action costs have been satisfied through sale of the real property, foreclosure, or other means agreed to by the department. Any action for foreclosure of the lien shall be brought by the attorney general in a civil action in the court having jurisdiction and in the manner prescribed for the judicial foreclosure of a mortgage.
(6)(a) This section does not apply to real property owned by a local government or special purpose district or real property used solely for residential purposes and consisting of four residential units or less at the time the lien is recorded. This limitation does not apply to illegal drug manufacturing and storage sites under chapter
64.44 RCW.
(b) If the real property owner has consented to the department filing a lien on the real property, then only subsection (3)(a)(i) through (iii) of this section requiring notice to mortgagees and lienholders of record apply.
Sec. 1311. RCW
70.105D.060 and 2007 c 104 s 20 are each amended to read as follows:
The department's investigative and remedial decisions under RCW
70.105D.030 and
70.105D.050 (as recodified by this act), its decisions regarding filing a lien under RCW
70.105D.055 (as recodified by this act), and its decisions regarding liable persons under RCW
70.105D.020,
70.105D.040,
70.105D.050, and
70.105D.055 (as recodified by this act) shall be reviewable exclusively in superior court and only at the following times: (1) In a cost recovery suit under RCW
70.105D.050(3)
(as recodified by this act); (2) in a suit by the department to enforce an order or an agreed order, or seek a civil penalty under this chapter; (3) in a suit for reimbursement under RCW
70.105D.050(2)
(as recodified by this act); (4) in a suit by the department to compel investigative or remedial action; (5) in a citizen's suit under RCW
70.105D.050(5)
(as recodified by this act); and (6) in a suit for removal or reduction of a lien under RCW
70.105D.050(7)
(as recodified by this act). Except in suits for reduction or removal of a lien under RCW
70.105D.050(7)
(as recodified by this act), the court shall uphold the department's actions unless they were arbitrary and capricious. In suits for reduction or removal of a lien under RCW
70.105D.050(7)
(as recodified by this act), the court shall review such suits pursuant to the standards set forth in RCW
70.105D.050(7)
(as recodified by this act).
Sec. 1312. RCW
70.105D.080 and 1997 c 406 s 6 are each amended to read as follows:
Except as provided in RCW
70.105D.040(4) (d) and (f)
(as recodified by this act), a person may bring a private right of action, including a claim for contribution or for declaratory relief, against any other person liable under RCW
70.105D.040 (as recodified by this act) for the recovery of remedial action costs. In the action, natural resource damages paid to the state under this chapter may also be recovered. Recovery shall be based on such equitable factors as the court determines are appropriate. Remedial action costs shall include reasonable attorneys' fees and expenses. Recovery of remedial action costs shall be limited to those remedial actions that, when evaluated as a whole, are the substantial equivalent of a department-conducted or department-supervised remedial action. Substantial equivalence shall be determined by the court with reference to the rules adopted by the department under this chapter. An action under this section may be brought after remedial action costs are incurred but must be brought within three years from the date remedial action confirms cleanup standards are met or within one year of May 12, 1993, whichever is later. The prevailing party in such an action shall recover its reasonable attorneys' fees and costs. This section applies to all causes of action regardless of when the cause of action may have arisen. To the extent a cause of action has arisen prior to May 12, 1993, this section applies retroactively, but in all other respects it applies prospectively.
Sec. 1313. RCW
70.105D.090 and 2003 c 39 s 30 are each amended to read as follows:
(1) A person conducting a remedial action at a facility under a consent decree, order, or agreed order, and the department when it conducts a remedial action, are exempt from the procedural requirements of chapters
70.94 (as recodified by this act), 70.95
(as recodified by this act), 70.105
(as recodified by this act), 77.55, 90.48, and
90.58 RCW, and the procedural requirements of any laws requiring or authorizing local government permits or approvals for the remedial action. The department shall ensure compliance with the substantive provisions of chapters
70.94 (as recodified by this act), 70.95
(as recodified by this act), 70.105
(as recodified by this act), 77.55, 90.48, and
90.58 RCW, and the substantive provisions of any laws requiring or authorizing local government permits of approvals. The department shall establish procedures for ensuring that such remedial actions comply with the substantive requirements adopted pursuant to such laws, and shall consult with the state agencies and local governments charged with implementing these laws. The procedures shall provide an opportunity for comment by the public and by the state agencies and local governments that would otherwise implement the laws referenced in this section. Nothing in this section is intended to prohibit implementing agencies from charging a fee to the person conducting the remedial action to defray the costs of services rendered relating to the substantive requirements for the remedial action.
(2) An exemption in this section or in RCW
70.94.335 (as recodified by this act),
70.95.270 (as recodified by this act),
70.105.116 (as recodified by this act), ((
77.55.030))
77.55.061,
90.48.039, and
90.58.355 shall not apply if the department determines that the exemption would result in loss of approval from a federal agency necessary for the state to administer any federal law, including the federal resource conservation and recovery act, the federal clean water act, the federal clean air act, and the federal coastal zone management act. Such a determination by the department shall not affect the applicability of the exemptions to other statutes specified in this section.
Sec. 1314. RCW
70.105D.110 and 2019 c 95 s 5 are each amended to read as follows:
(1) Except as provided in subsection (5) of this section, any owner or operator of a facility that is actively transitioning from operating under a federal permit for treatment, storage, or disposal of hazardous waste issued under 42 U.S.C. Sec. 6925 to operating under the provisions of this chapter, who has information that a hazardous substance has been released to the environment at the owner or operator's facility that may be a threat to human health or the environment, shall issue a notice to the department within ninety days. The notice shall include a description of any remedial actions planned, completed, or underway.
(2) The notice must be posted in a visible, publicly accessible location on the facility, to remain in place until all remedial actions except confirmational monitoring are complete.
(3) After receiving the notice from the facility, the department must review the notice and mail a summary of its contents, along with any additional information deemed appropriate by the department, to:
(a) Each residence and landowner of a residence whose property boundary is within three hundred feet of the boundary of the property where the release occurred or if the release occurred from a pipeline or other facility that does not have a property boundary, within three hundred feet of the actual release;
(b) Each business and landowner of a business whose property boundary is within three hundred feet of the boundary of the property where the release occurred;
(c) Each residence, landowner of a residence, and business with a property boundary within the area where hazardous substances have come to be located as a result of the release;
(d) Neighborhood associations and community organizations representing an area within one mile of the facility and recognized by the city or county with jurisdiction within this area;
(e) The city, county, and local health district with jurisdiction within the areas described in (a), (b), and (c) of this subsection; and
(f) The department of health.
(4) A notice produced by a facility shall provide the following information:
(a) The common name of any hazardous substances released and, if available, the chemical abstract service registry number of these substances;
(b) The address of the facility where the release occurred;
(c) The date the release was discovered;
(d) The cause and date of the release, if known;
(e) The remedial actions being taken or planned to address the release;
(f) The potential health and environmental effects of the hazardous substances released; and
(g) The name, address, and telephone number of a contact person at the facility where the release occurred.
(5) The following releases are exempt from the notification requirements in this section:
(a) Application of pesticides and fertilizers for their intended purposes and according to label instructions;
(b) The lawful and nonnegligent use of hazardous household substances by a natural person for personal or domestic purposes;
(c) The discharge of hazardous substances in compliance with permits issued under chapter
70.94 (as recodified by this act), 90.48, or
90.56 RCW;
(d) De minimis amounts of any hazardous substance leaked or discharged onto the ground;
(e) The discharge of hazardous substances to a permitted waste water treatment facility or from a permitted waste water collection system or treatment facility as allowed by a facility's discharge permit;
(f) Any releases originating from a single-family or multifamily residence, including but not limited to the discharge of oil from a residential home heating oil tank with the capacity of five hundred gallons or less;
(g) Any spill on a public road, street, or highway or to surface waters of the state that has previously been reported to the United States coast guard and the state division of emergency management under chapter
90.56 RCW;
(h) Any release of hazardous substances to the air;
(i) Any release that occurs on agricultural land, including land used to grow trees for the commercial production of wood or wood fiber, that is at least five acres in size, when the effects of the release do not come within three hundred feet of any property boundary. For the purposes of this subsection, agricultural land includes incidental uses that are compatible with agricultural or silvicultural purposes, including, but not limited to, land used for the housing of the owner, operator, or employees, structures used for the storage or repair of equipment, machinery, and chemicals, and any paths or roads on the land; and
(j) Releases that, before January 1, 2003, have been previously reported to the department, or remediated in compliance with a settlement agreement under RCW
70.105D.040(4)
(as recodified by this act) or enforcement order or agreed order issued under this chapter or have been the subject of an opinion from the department under RCW
70.105D.180 (as recodified by this act) that no further remedial action is required.
An exemption from the notification requirements of this section does not exempt the owner or operator of a facility from any other notification or reporting requirements, or imply a release from liability under this chapter.
(6) If a significant segment of the community to be notified speaks a language other than English, an appropriate translation of the notice must also be posted and mailed to the department in accordance with the requirements of this section.
(7) The facility where the release occurred is responsible for reimbursing the department within thirty days for the actual costs associated with the production and mailing of the notices under this section.
Sec. 1315. RCW
70.105D.130 and 2019 c 422 s 413 are each amended to read as follows:
(1) The cleanup settlement account is created in the state treasury. The account is not intended to replace the model toxics control capital account established under RCW
70.105D.200 (as recodified by this act). All receipts from the sources identified in subsection (2) of this section must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only as identified in subsection (4) of this section.
(2) The following receipts must be deposited into the cleanup settlement account:
(a) Receipts from settlements or court orders that direct payment to the account and resolve a person's liability or potential liability under this chapter for either or both of the following:
(i) Conducting future remedial action at a specific facility, if it is not feasible to require the person to conduct the remedial action based on the person's financial insolvency, limited ability to pay, or insignificant contribution under RCW
70.105D.040(4)(a)
(as recodified by this act);
(ii) Assessing or addressing the injury to natural resources caused by the release of a hazardous substance from a specific facility; and
(b) Receipts from investment of the moneys in the account.
(3) If a settlement or court order does not direct payment of receipts described in subsection (2)(a) of this section into the cleanup settlement account, then the receipts from any payment to the state must be deposited into the model toxics control capital account.
(4) Expenditures from the cleanup settlement account may only be used to conduct remedial actions at the specific facility or to assess or address the injury to natural resources caused by the release of hazardous substances from that facility for which the moneys were deposited in the account. Conducting remedial actions or assessing or addressing injury to natural resources includes direct expenditures and indirect expenditures such as department oversight costs. During the 2009-2011 fiscal biennium, the legislature may transfer excess fund balances in the account into the state efficiency and restructuring account. Transfers of excess fund balances made under this section may be made only to the extent amounts transferred with required repayments do not impair the ten-year spending plan administered by the department of ecology for environmental remedial actions dedicated for any designated clean-up site associated with the Everett smelter and Tacoma smelter, including plumes, or former Asarco mine sites. The cleanup settlement account must be repaid with interest under provisions of the state efficiency and restructuring account.
(5) The department must track moneys received, interest earned, and moneys expended separately for each facility.
(6) After the department determines that all remedial actions at a specific facility, and all actions assessing or addressing injury to natural resources caused by the release of hazardous substances from that facility, are completed, including payment of all related costs, any moneys remaining for the specific facility must be transferred to the model toxics control capital account established under RCW
70.105D.200 (as recodified by this act).
(7) The department must provide the office of financial management and the fiscal committees of the legislature with a report by October 31st of each year regarding the activity within the cleanup settlement account during the previous fiscal year.
Sec. 1316. RCW
70.105D.140 and 2019 c 422 s 414 are each amended to read as follows:
(1) The brownfield redevelopment trust fund account is created in the state treasury. All receipts from the sources identified in subsection (2) of this section must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only as identified in subsection (4) of this section.
(2) The following receipts must be deposited into the brownfield redevelopment trust fund account:
(a) Moneys appropriated by the legislature to the account for a specific redevelopment opportunity zone established under RCW
70.105D.150 (as recodified by this act) or a specific brownfield renewal authority established under RCW
70.105D.160 (as recodified by this act);
(b) Moneys voluntarily deposited in the account for a specific redevelopment opportunity zone or a specific brownfield renewal authority; and
(c) Receipts from settlements or court orders that direct payment to the account for a specific redevelopment opportunity zone to resolve a person's liability or potential liability under this chapter.
(3) If a settlement or court order does not direct payment of receipts described in subsection (2)(c) of this section into the brownfield redevelopment trust fund account, then the receipts from any payment to the state must be deposited into the model toxics control capital account established under RCW
70.105D.200 (as recodified by this act).
(4) Expenditures from the brownfield redevelopment trust fund account may only be used for the purposes of remediation and cleanup at the specific redevelopment opportunity zone or specific brownfield renewal authority for which the moneys were deposited in the account.
(5) The department must track moneys received, interest earned, and moneys expended separately for each facility.
(6) The account must retain its interest earnings in accordance with RCW
43.84.092.
(7) The local government designating the redevelopment opportunity zone under RCW
70.105D.150 (as recodified by this act) or the associated brownfield renewal authority created under RCW
70.105D.160 (as recodified by this act) must be the beneficiary of the deposited moneys.
(8) All expenditures must be used to conduct remediation and cleanup consistent with a plan for the remediation and cleanup of the properties or facilities approved by the department under this chapter. All expenditures must meet the eligibility requirements for the use by local governments under the rules for remedial action grants adopted by the department under this chapter, including requirements for the expenditure of nonstate match funding.
(9) Beginning October 31, 2015, the department must provide a biennial report to the office of financial management and the legislature regarding the activity for each specific redevelopment opportunity zone or specific brownfield renewal authority for which specific legislative appropriation was provided in the previous two fiscal years.
(10) After the department determines that all remedial actions within the redevelopment opportunity zone identified in the plan approved under subsection (8) of this section are completed, including payment of all cost reasonably attributable to the remedial actions and cleanup, any remaining moneys must be transferred to the model toxics control capital account established under RCW
70.105D.200 (as recodified by this act).
(11) If the department determines that substantial progress has not been made on the plan approved under subsection (8) of this section for a redevelopment opportunity zone or specific brownfield renewal authority for which moneys were deposited in the account within six years, or that the brownfield renewal authority is no longer a viable entity, then all remaining moneys must be transferred to the model toxics control operating account established under RCW
70.105D.190 (as recodified by this act).
(12) The department is authorized to adopt rules to implement this section.
Sec. 1317. RCW
70.105D.160 and 2013 2nd sp.s. c 1 s 5 are each amended to read as follows:
(1) A city, county, or port district may establish by resolution a brownfield renewal authority for the purpose of guiding and implementing the cleanup and reuse of properties within a designated redevelopment opportunity zone. Any combination of cities, counties, and port districts may establish a brownfield renewal authority through an interlocal agreement under chapter
39.34 RCW, and the brownfield renewal authority may exercise those powers as are authorized under chapter
39.34 RCW and under this chapter.
(2) A brownfield renewal authority must be governed by a board of directors selected as determined by the resolution or interlocal agreement establishing the authority.
(3) A brownfield renewal authority must be a separate legal entity and be deemed a municipal corporation. It has the power to: Sue and be sued; receive, account for, and disburse funds; employ personnel; and acquire or dispose of any interest in real or personal property within a redevelopment opportunity zone in the furtherance of the authority purposes. A brownfield renewal authority has the power to contract indebtedness and to issue and sell general obligation bonds pursuant to and in the manner provided for general county bonds in chapters
36.67 and
39.46 RCW and other applicable statutes, and to issue revenue bonds pursuant to and in the manner provided for revenue bonds in chapter
36.67 RCW and other applicable statutes.
(4) If the department determines that substantial progress has not been made on the plan approved under RCW
70.105D.140 (as recodified by this act) by the brownfield renewal authority within six years of a city, county, or port district establishing a brownfield renewal authority, the department may require dissolution of the brownfield renewal authority. Upon dissolution of the brownfield renewal authority, except as provided in RCW
70.105D.140 (as recodified by this act), all assets and liabilities transfer to the city, town, or port district establishing the brownfield renewal authority.
Sec. 1318. RCW
70.105D.180 and 2019 c 95 s 2 are each amended to read as follows:
(1) The department may establish a program to provide informal advice and assistance on the administrative and technical requirements of this chapter to persons who are conducting or otherwise interested in conducting independent remedial actions at facilities where there is a suspected or confirmed release of hazardous substances.
(a) Any advice or assistance is advisory only and is not binding on the department.
(b) As part of this advice and assistance, the department may provide written opinions on whether the independent remedial actions or proposals for those actions meet the substantive requirements of this chapter or whether the department believes further remedial action is necessary at the facility.
(c) Nothing in this chapter may be construed to preclude the department from issuing a written opinion on whether further remedial action is necessary at any portion of the real property located within a facility, even if further remedial action is still necessary elsewhere at the same facility. A written opinion on a portion of a facility must also provide an opinion on the status of the facility as a whole.
(2) The department may collect, from persons requesting advice and assistance under the program, all costs incurred by the department in providing advice and assistance.
(a) To collect its costs, the department may use either a cost recovery structure or a fee structure, or both.
(i) A fee structure may include either a single fee or a series of fees for individual services.
(ii) The department may calculate fees based on the complexity of the contaminated site and other site-specific factors determined by the department.
(iii) The department may establish a separate fee and cost recovery structure for providing expedited advice and assistance under subsection (3) of this section.
(b) The department may waive collection of costs if the person requesting technical advice and assistance under the program commits to remediate contaminated real property for development of affordable housing, as determined by the department. Prior to waiving costs, the department must consider the requestor's ability to pay and the potential public benefit of the development. To ensure the real property is used for affordable housing, the department may file a lien against the real property pursuant to RCW
70.105D.055 (as recodified by this act), require the person to record an interest in the real property in accordance with RCW
64.04.130, or use other means deemed by the department to be no less protective of the affordable housing use and the interests of the department.
(c) Except when providing expedited advice and assistance under subsection (3) of this section, the department may also waive collection of costs:
(i) For providing technical assistance in support of public participation;
(ii) For providing written opinions on a cleanup that qualifies for and appropriately uses a model remedy; or
(iii) Based on a person's ability to pay. If costs are waived, the department may file a lien against the real property for which the department has incurred the costs pursuant to RCW
70.105D.055 (as recodified by this act).
(3) The department may offer an expedited process for providing informal advice and assistance under the program. Except as provided under subsection (2)(b) of this section, the department must collect, from persons requesting expedited advice and assistance, all costs incurred by the department in providing the advice and assistance. The department may establish conditions for requesting expedited advice and assistance.
(4) The department may adopt rules to implement the program. To ensure that the adoption of rules will not delay the implementation of independent remedial actions, the department may implement the cost waiver and expedited process specified in subsections (2)(b) and (3) of this section through interpretive guidance pending adoption of rules.
(5) The department must track the number of requests for reviews of planned or completed independent remedial actions under the program and establish performance measures to track how quickly the department is able to respond to those requests. The department's tracking system must include a category for tracking the length of time that elapses between the submission of a request for expedited advice and assistance on an independent remedial action at a facility under subsection (3) of this section and the issuance of a letter on the sufficiency of the cleanup at the facility.
(6) The state, the department, and officers and employees of the state are immune from all liability, and no cause of action of any nature may arise from any act or omission in providing, or failing to provide, informal advice and assistance under the program.
(7) The voluntary cleanup account is created in the state treasury. All receipts from the fees collected and costs recovered under the expedited process in subsection (3) of this section must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only to support the expedited process in subsection (3) of this section. If the department suspends the expedited process, any moneys remaining in the account may be used to carry out the purposes of the program. The account must retain its interest earnings in accordance with RCW
43.84.092.
Sec. 1319. RCW
70.105D.190 and 2019 c 422 s 202 are each amended to read as follows:
(1) The model toxics control operating account is hereby created in the state treasury.
(2) Moneys in the model toxics control operating account must be used only to carry out the purposes of this chapter, including but not limited to the following:
(a) The state's responsibility for hazardous waste planning, management, regulation, enforcement, technical assistance, and public education required under chapter
70.105 RCW
(as recodified by this act);
(b) The state's responsibility for solid waste planning, management, regulation, enforcement, technical assistance, and public education required under chapter
70.95 RCW
(as recodified by this act);
(c) The hazardous waste clean-up program required under this chapter;
(d) State matching funds required under federal cleanup law;
(e) Financial assistance for local programs and plans, including local solid waste financial assistance, in accordance with chapters
70.76, 70.95, 70.95C, 70.95I, and
70.105 RCW
(as recodified by this act);
(f) State government programs for the safe reduction, recycling, or disposal of paint and hazardous wastes from households, small businesses, and agriculture;
(g) Oil and hazardous materials spill prevention, preparedness, training, and response activities;
(h) Water and environmental health protection and monitoring programs;
(i) Programs authorized under chapter
70.146 RCW
(as recodified by this act);
(j) A public participation program;
(k) Development and demonstration of alternative management technologies designed to carry out the hazardous waste management priorities of RCW
70.105.150 (as recodified by this act);
(l) State agriculture and health programs for the safe use, reduction, recycling, or disposal of pesticides;
(m) Funding requirements to maintain receipt of federal funds under the federal solid waste disposal act (42 U.S.C. Sec. 6901 et seq.);
(n) Air quality programs and actions for reducing public exposure to toxic air pollution; and
(o) Petroleum-based plastic or expanded polystyrene foam debris clean-up activities in fresh or marine waters.
(3) Except for unanticipated receipts under RCW
43.79.260 through
43.79.282, moneys in model toxics control operating account may be spent only after appropriation by statute.
(4) One percent of the moneys collected under RCW
82.21.030 must be allocated only for public participation grants to persons who may be adversely affected by a release or threatened release of a hazardous substance and to not-for-profit public interest organizations. The primary purpose of these grants is to facilitate the participation by persons and organizations in the investigation and remedying of releases or threatened releases of hazardous substances and to implement the state's solid and hazardous waste management priorities. No grant may exceed sixty thousand dollars. Grants may be renewed annually. Moneys appropriated for public participation that are not expended at the close of any biennium revert to the model toxics control operating account.
(5) The department must adopt rules for grant or loan issuance and performance.
Sec. 1320. RCW
70.105D.200 and 2019 c 422 s 203 are each amended to read as follows:
(1) The model toxics control capital account is hereby created in the state treasury.
(2) In addition to the funds deposited into the model toxics control capital account required under RCW
82.21.030, the following moneys must be deposited into the model toxics control capital account:
(a) The costs of remedial actions recovered under this chapter, except as provided under RCW
70.105D.180(7)
(as recodified by this act);
(b) Penalties collected or recovered under this chapter; and
(c) Any other money appropriated or transferred to the account by the legislature.
(3) Moneys in the model toxics control capital account must be used for the improvement, rehabilitation, remediation, and cleanup of toxic sites and other capital-related expenditures for programs and activities identified in subsection (4) of this section.
(4) Moneys in the model toxics control capital account may be used only for capital projects and activities that carry out the purposes of this chapter and for financial assistance to local governments or other persons to carry out those projects or activities, including but not limited to the following, generally in descending order of priority:
(a) Remedial actions, including the following generally in descending order of priority:
(i) Extended grant agreements entered into under subsection (5)(a) of this section;
(ii) Grants or loans to local governments for remedial actions, including planning for adaptive reuse of properties as provided for under subsection (5)(d) of this section. The department must prioritize funding of remedial actions at:
(A) Facilities on the department's hazardous sites list with a high hazard ranking for which there is an approved remedial action work plan or an equivalent document under federal cleanup law;
(B) Brownfield properties within a redevelopment opportunity zone if the local government is a prospective purchaser of the property and there is a department-approved remedial action work plan or equivalent document under the federal cleanup law;
(iii) Department-conducted remedial actions;
(iv) Grants to persons intending to remediate contaminated real property for development of affordable housing;
(v) Public funding to assist potentially liable persons to pay for the costs of remedial action in compliance with clean-up standards under RCW
70.105D.030(2)(e)
(as recodified by this act) if:
(A) The amount and terms of the funding are established under a settlement agreement under RCW
70.105D.040(4)
(as recodified by this act); and
(B) The director has found that the funding will achieve both a substantially more expeditious or enhanced cleanup than would otherwise occur, and the prevention or mitigation of unfair economic hardship;
(vi) Public funding to assist prospective purchasers to pay for the costs of remedial action in compliance with clean-up standards under RCW
70.105D.030(2)(e)
(as recodified by this act) if:
(A) The facility is located within a redevelopment opportunity zone designated under RCW
70.105D.150 (as recodified by this act);
(B) The amount and terms of the funding are established under a settlement agreement under RCW
70.105D.040(5)
(as recodified by this act); and
(C) The director has found the funding will achieve a substantially more expeditious or enhanced cleanup than would otherwise occur, provide a public benefit in addition to cleanup commensurate with the scope of the public funding; and meet any additional criteria established in rule by the department; and
(vii) To expedite multiparty clean-up efforts, purchase of remedial action cost-cap insurance;
(b) Grants, or loans, or contracts to local governments for solid waste plans and programs under chapters
70.95, 70.95C, 70.95I, 70.95G, 70.95M, and
70.105 RCW
(as recodified by this act). Funds must be allocated consistent with priorities and matching requirements in the respective chapters;
(c) Toxic air pollutant reduction programs, including grants or loans to local governments for woodstoves and diesel;
(d) Grants, loans, or contracts to local governments for hazardous waste plans and programs under chapters
70.76 and
70.105 RCW
(as recodified by this act), including chemical action plan implementation. Funds must be allocated consistent with priorities and matching requirements in the respective chapters; and
(e) Petroleum-based plastic or expanded polystyrene foam debris clean-up activities in fresh or marine waters.
(5) The department may establish and administer a program to provide grants and loans to local governments for remedial actions, including planning for adaptive reuse of contaminated properties. The department may not award a grant or loan for a remedial action unless the local government has obtained all of the required permits for the action within one year of the effective date of the enacted budget. To expedite cleanups throughout the state, the department may use the following strategies when providing grants to local governments under this subsection:
(a) Enter into an extended grant agreement with a local government conducting remedial actions at a facility where those actions extend over multiple biennia and the total eligible cost of those actions exceeds twenty million dollars. The agreement is subject to the following limitations:
(i) The initial duration of such an agreement may not exceed ten years. The department may extend the duration of such an agreement upon finding substantial progress has been made on remedial actions at the facility;
(ii) Extended grant agreements may not exceed fifty percent of the total eligible remedial action costs at the facility; and
(iii) The department may not allocate future funding to an extended grant agreement unless the local government has demonstrated to the department that funds awarded under the agreement during the previous biennium have been substantially expended or contracts have been entered into to substantially expend the funds;
(b) Enter into a grant agreement with a local government conducting a remedial action that provides for periodic reimbursement of remedial action costs as they are incurred as established in the agreement;
(c) Enter into a grant agreement with a local government prior to it acquiring a property or obtaining necessary access to conduct remedial actions, provided the agreement is conditioned upon the local government acquiring the property or obtaining the access in accordance with a schedule specified in the agreement;
(d) Provide integrated planning grants to local governments to fund studies necessary to facilitate remedial actions at brownfield properties and adaptive reuse of properties following remediation. Eligible activities include, but are not limited to: Environmental site assessments; remedial investigations; health assessments; feasibility studies; site planning; community involvement; land use and regulatory analyses; building and infrastructure assessments; economic and fiscal analyses; and any environmental analyses under chapter
43.21C RCW;
(e) Provide grants to local governments for remedial actions related to area-wide groundwater contamination. To receive the funding, the local government does not need to be a potentially liable person or be required to seek reimbursement of grant funds from a potentially liable person;
(f) The director may alter grant matching requirements to create incentives for local governments to expedite cleanups when one of the following conditions exists:
(i) Funding would prevent or mitigate unfair economic hardship imposed by the clean-up liability;
(ii) Funding would create new substantial economic development, public recreational opportunities, or habitat restoration opportunities that would not otherwise occur; or
(iii) Funding would create an opportunity for acquisition and redevelopment of brownfield property under RCW
70.105D.040(5)
(as recodified by this act) that would not otherwise occur; and
(g) When pending grant applications under subsection (4)(d) and (e) of this section exceed the amount of funds available, designated redevelopment opportunity zones must receive priority for distribution of available funds.
(6) Except for unanticipated receipts under RCW
43.79.260 through
43.79.282, moneys in model toxics control capital account may be spent only after appropriation by statute.
Sec. 1321. RCW
70.105D.210 and 2019 c 422 s 204 are each amended to read as follows:
(1) The model toxics control stormwater account is hereby created in the state treasury.
(2) Moneys in the model toxics control stormwater account must be used for operating and capital programs, activities, and projects identified in subsection (3) of this section directly relating to stormwater pollution control.
(3) Moneys in the model toxics control stormwater account must be used only to carry out the operating and capital programs, activities, and projects directly relating to stormwater activities under RCW
70.105D.190 and
70.105D.200 (as recodified by this act), including but not limited to the following:
(a) Stormwater pollution control projects and activities that protect or preserve existing remedial actions or prevent hazardous clean-up sites;
(b) Stormwater financial assistance to local governments that assist in compliance to the purposes of this chapter.
(4) Except for unanticipated receipts under RCW
43.79.260 through
43.79.282, moneys in the model toxics control stormwater account may be spent only after appropriation by statute.
Sec. 1322. RCW
70.106.030 and 1974 ex.s. c 49 s 3 are each amended to read as follows:
The definitions in RCW
70.106.040 through
70.106.090 (as recodified by this act) unless the context otherwise requires shall govern the construction of this chapter.
Sec. 1323. RCW
70.106.070 and 1974 ex.s. c 49 s 7 are each amended to read as follows:
"Package" means the immediate container or wrapping in which any household substance is contained for consumption, use, or storage by individuals in or about the household, and, for purposes of RCW
70.106.110(1)(b)
(as recodified by this act), also means any outer container or wrapping used in the retail display of any such substance to consumers. Such term does not include:
(1) Any shipping container or wrapping used solely for the transportation of any household substance in bulk or in quantity to manufacturers, packers, or processors, or to wholesale or retail distributors thereof; or
(2) Any shipping container or outer wrapping used by retailers to ship or deliver any household substance to consumers unless it is the only such container or wrapping.
Sec. 1324. RCW
70.106.100 and 2012 c 117 s 419 are each amended to read as follows:
(1) The director may establish in accordance with the provisions of this chapter, by regulation, standards for the special packaging of any household substance if he or she finds that:
(a) The degree or nature of the hazard to children in the availability of such substance, by reason of its packaging is such that special packaging is required to protect children from serious personal injury or serious illness resulting from handling, using, or ingesting such substance; and
(b) The special packaging to be required by such standard is technically feasible, practicable, and appropriate for such substance.
(2) In establishing a standard under this section, the director shall consider:
(a) The reasonableness of such standard;
(b) Available scientific, medical, and engineering data concerning special packaging and concerning childhood accidental ingestions, illness, and injury caused by household substances;
(c) The manufacturing practices of industries affected by this chapter; and
(d) The nature and use of the household substance.
(3) In carrying out the provisions of this chapter, the director shall publish his or her findings, his or her reasons therefor, and citation of the sections of statutes which authorize his or her action.
(4) Nothing in this chapter authorizes the director to prescribe specific packaging designs, product content, package quantity, or, with the exception of authority granted in RCW
70.106.110(1)(b)
(as recodified by this act), labeling. In the case of a household substance for which special packaging is required pursuant to a regulation under this section, the director may in such regulation prohibit the packaging of such substance in packages which he or she determines are unnecessarily attractive to children.
(5) The director shall cause the regulations promulgated under this chapter to conform with the requirements or exemptions of the federal hazardous substances act and with the regulations or interpretations promulgated pursuant thereto.
Sec. 1325. RCW
70.106.110 and 2012 c 117 s 420 are each amended to read as follows:
(1) For the purpose of making any household substance which is subject to a standard established under RCW
70.106.100 (as recodified by this act) readily available to elderly persons or persons with disabilities unable to use such substance when packaged in compliance with such standard, the manufacturer or packer, as the case may be, may package any household substance, subject to such a standard, in packaging of a single size which does not comply with such standard if:
(a) The manufacturer or packer also supplies such substance in packages which comply with such standard; and
(b) The packages of such substance which do not meet such standard bear conspicuous labeling stating: "This package for households without young children"; except that the director may by regulation prescribe a substitute statement to the same effect for packaging too small to accommodate such labeling.
(2) In the case of a household substance which is subject to such a standard and which is dispensed pursuant to an order of a physician, dentist, or other licensed medical practitioner authorized to prescribe, such substance may be dispensed in noncomplying packages only when directed in such order or when requested by the purchaser.
(3) In the case of a household substance subject to such a standard which is packaged under subsection (1) of this section in a noncomplying package, if the director determines that such substance is not also being supplied by a manufacturer or packer in popular size packages which comply with such standard, he or she may, after giving the manufacturer or packer an opportunity to comply with the purposes of this chapter, by order require such substance to be packaged by such manufacturer or packer exclusively in special packaging complying with such standard if he or she finds, after opportunity for hearing, that such exclusive use of special packaging is necessary to accomplish the purposes of this chapter.
Sec. 1326. RCW
70.107.070 and 1987 c 330 s 749 are each amended to read as follows:
Any rule adopted under this chapter relating to the operation of motor vehicles on public highways shall be administered according to testing and inspection procedures adopted by rule by the state patrol. Violation of any motor vehicle performance standard adopted pursuant to this chapter shall be a misdemeanor, enforced by such authorities and in such manner as violations of chapter
46.37 RCW. Violations subject to the provisions of this section shall be exempt from the provisions of RCW
70.107.050 (as recodified by this act).
Sec. 1327. RCW
70.116.050 and 1995 c 376 s 7 are each amended to read as follows:
(1) Each purveyor within the boundaries of a critical water supply service area shall develop a water system plan for the purveyor's future service area if such a plan has not already been developed: PROVIDED, That nonmunicipally owned public water systems are exempt from the planning requirements of this chapter, except for the establishment of service area boundaries if they have no plans for water service beyond their existing service area: PROVIDED FURTHER, That if the county legislative authority permits a change in development that will increase the demand for water service of such a system beyond the existing system's ability to provide minimum water service, the purveyor shall develop a water system plan in accordance with this section. The establishment of future service area boundaries shall be in accordance with RCW
70.116.070 (as recodified by this act).
(2) After the boundaries of a critical water supply service area have been established pursuant to RCW
70.116.040 (as recodified by this act), the committee established in RCW
70.116.040 (as recodified by this act) shall participate in the development of a coordinated water system plan for the designated area. Such a plan shall incorporate all water system plans developed pursuant to subsection (1) of this section. The plan shall provide for maximum integration and coordination of public water system facilities consistent with the protection and enhancement of the public health and well-being. Decisions of the committee shall be by majority vote of those present at meetings of the committee.
(3) Those portions of a critical water supply service area not yet served by a public water system shall have a coordinated water system plan developed by existing purveyors based upon permitted densities in county plans, ordinances, and/or growth policies for a minimum of five years beyond the date of establishment of the boundaries of the critical water supply service area.
(4) To insure that the plan incorporates the proper designs to protect public health, the secretary shall adopt regulations pursuant to chapter
34.05 RCW concerning the scope and content of coordinated water system plans, and shall ensure, as minimum requirements, that such plans:
(a) Are reviewed by the appropriate local governmental agency to insure that the plan is not inconsistent with the land use plans, shoreline master programs, and/or developmental policies of the general purpose local government or governments whose jurisdiction the water system plan affects.
(b) Recognize all water resource plans, water quality plans, and water pollution control plans which have been adopted by units of local, regional, and state government.
(c) Incorporate the fire protection standards developed pursuant to RCW
70.116.080 (as recodified by this act).
(d) Identify the future service area boundaries of the public water system or systems included in the plan within the critical water supply service area.
(e) Identify feasible emergency inter-ties between adjacent purveyors.
(f) Include satellite system management requirements consistent with RCW
70.116.134 (as recodified by this act).
(g) Include policies and procedures that generally address failing water systems for which counties may become responsible under RCW
43.70.195.
(5) If a "water general plan" for a critical water supply service area or portion thereof has been prepared pursuant to chapter
36.94 RCW and such a plan meets the requirements of subsections (1) and (4) of this section, such a plan shall constitute the coordinated water system plan for the applicable geographical area.
(6) The committee established in RCW
70.116.040 (as recodified by this act) may develop and utilize a mechanism for addressing disputes that arise in the development of the coordinated water system plan.
(7) Prior to the submission of a coordinated water system plan to the secretary for approval pursuant to RCW
70.116.060 (as recodified by this act), the legislative authorities of the counties in which the critical water supply service area is located shall hold a public hearing thereon and shall determine the plan's consistency with subsection (4) of this section. If within sixty days of receipt of the plan, the legislative authorities find any segment of a proposed service area of a purveyor's plan or any segment of the coordinated water system plan to be inconsistent with any current land use plans, shoreline master programs, and/or developmental policies of the general purpose local government or governments whose jurisdiction the water system plan affects, the secretary shall not approve that portion of the plan until the inconsistency is resolved between the local government and the purveyor. If no comments have been received from the legislative authorities within sixty days of receipt of the plan, the secretary may consider the plan for approval.
(8) Any county legislative authority may adopt an abbreviated plan for the provision of water supplies within its boundaries that includes provisions for service area boundaries, minimum design criteria, and review process. The elements of the abbreviated plan shall conform to the criteria established by the department under subsection (4) of this section and shall otherwise be consistent with other adopted land use and resource plans. The county legislative authority may, in lieu of the committee required under RCW
70.116.040 (as recodified by this act), and the procedures authorized in this section, utilize an advisory committee that is representative of the water utilities and local governments within its jurisdiction to assist in the preparation of the abbreviated plan, which may be adopted by resolution and submitted to the secretary for approval. Purveyors within the boundaries covered by the abbreviated plan need not develop a water system plan, except to the extent required by the secretary or state board of health under other authority. Any abbreviated plan adopted by a county legislative authority pursuant to this subsection shall be subject to the same provisions contained in RCW
70.116.060 (as recodified by this act) for coordinated water system plans that are approved by the secretary.
Sec. 1328. RCW
70.116.060 and 1995 c 376 s 2 are each amended to read as follows:
(1) A coordinated water system plan shall be submitted to the secretary for design approval within two years of the establishment of the boundaries of a critical water supply service area.
(2) The secretary shall review the coordinated water system plan and, to the extent the plan is consistent with the requirements of this chapter and regulations adopted hereunder, shall approve the plan, provided that the secretary shall not approve those portions of a coordinated water system plan that fail to meet the requirements for future service area boundaries until any boundary dispute is resolved as set forth in RCW
70.116.070 (as recodified by this act).
(3) Following the approval of a coordinated water system plan by the secretary:
(a) All purveyors constructing or proposing to construct public water system facilities within the area covered by the plan shall comply with the plan.
(b) No other purveyor shall establish a public water system within the area covered by the plan, unless the local legislative authority determines that existing purveyors are unable to provide the service in a timely and reasonable manner, pursuant to guidelines developed by the secretary. An existing purveyor is unable to provide the service in a timely manner if the water cannot be provided to an applicant for water within one hundred twenty days unless specified otherwise by the local legislative authority. If such a determination is made, the local legislative authority shall require the new public water system to be constructed in accordance with the construction standards and specifications embodied in the coordinated water system plan approved for the area. The service area boundaries in the coordinated plan for the affected utilities shall be revised to reflect the decision of the local legislative authority.
(4) The secretary may deny proposals to establish or to expand any public water system within a critical water supply service area for which there is not an approved coordinated water system plan at any time after two years of the establishment of the critical water supply service area: PROVIDED, That service connections shall not be considered expansions.
(5) The affected legislative authorities may develop and utilize a mechanism for addressing disputes that arise in the implementation of the coordinated water system plan after the plan has been approved by the secretary.
(6) After adoption of the initial coordinated water system plan, the local legislative authority or the secretary may determine that the plan should be updated or revised. The legislative authority may initiate an update at any time, but the secretary may initiate an update no more frequently than once every five years. The update may encompass all or a portion of the plan, with the scope of the update to be determined by the secretary and the legislative authority. The process for the update shall be the one prescribed in RCW
70.116.050 (as recodified by this act).
(7) The provisions of subsection (3) of this section shall not apply in any county for which a coordinated water system plan has not been approved under subsection (2) of this section.
(8) If the secretary initiates an update or revision of a coordinated water system plan, the state shall pay for the cost of updating or revising the plan.
Sec. 1329. RCW
70.116.070 and 1995 c 376 s 13 are each amended to read as follows:
(1) The proposed service area boundaries of public water systems within the critical water supply service area that are required to submit water system plans under this chapter shall be identified in the system's plan. The local legislative authority, or its planning department or other designee, shall review the proposed boundaries to determine whether the proposed boundaries of one or more systems overlap. The boundaries determined by the local legislative authority not to overlap shall be incorporated into the coordinated water system plan. Where any overlap exists, the local legislative authority may attempt to resolve the conflict through procedures established under RCW
70.116.060(5)
(as recodified by this act).
(2) Any final decision by a local legislative authority regarding overlapping service areas, or any unresolved disputes regarding service area boundaries, may be appealed or referred to the secretary in writing for resolution. After receipt of an appeal or referral, the secretary shall hold a public hearing thereon. The secretary shall provide notice of the hearing by certified mail to each purveyor involved in the dispute, to each county legislative authority having jurisdiction in the area and to the public. The secretary shall provide public notice pursuant to the provisions of chapter
65.16 RCW. Such notice shall be given at least twenty days prior to the hearing. The hearing may be continued from time to time and, at the termination thereof, the secretary may restrict the expansion of service of any purveyor within the area if the secretary finds such restriction is necessary to provide the greatest protection of the public health and well-being.
Sec. 1330. RCW
70.118.060 and 1994 c 281 s 3 are each amended to read as follows:
(1) After July 1, 1994, a person may not use, sell, or distribute a chemical additive to on-site sewage disposal systems.
(2) After January 1, 1996, no person shall use, sell, or distribute any on-site sewage disposal additive whose ingredients have not been approved by the department.
(3) Each manufacturer of an on-site sewage disposal system additive that is sold, advertised, or distributed in the state shall submit the following information to the department: (a) The name and address of the company; (b) the name of the product; (c) the complete product formulation; (d) the location where the product is manufactured; (e) the intended method of product application; and (f) a request that the product be reviewed.
(4) The department shall adopt rules providing the criteria, review, and decision-making procedures to be used in reviewing on-site sewage disposal additives for use, sale, or distribution in the state. The criteria shall be designed to determine whether the additive has an adverse effect on public health or water quality. The department may charge a fee sufficient to cover the costs of evaluating the additive, including the development of criteria and review procedures. The fee schedule shall be established by rule.
(5) The department shall issue a decision as to whether a product registered pursuant to subsection (3) of this section is approved or denied within forty-five days of receiving a complete evaluation as required pursuant to subsection (4) of this section.
(6) Manufacturers shall reregister their product as provided in subsection (3) of this section each time their product formulation changes. The department may require a new approval for products registered under this subsection prior to allowing the use, sale, or distribution within the state.
(7) The department may contract with private laboratories for the performance of any duties necessary to carry out the purpose of this section.
(8) The attorney general or appropriate city or county prosecuting attorney is authorized to bring an appropriate action to enjoin any violation of the prohibition on the sale or distribution of additives, or to enjoin any violation of the conditions in RCW
70.118.080 (as recodified by this act).
(9) The department is responsible for providing written notification to additives manufacturers of the provisions of this section and RCW
70.118.070 and
70.118.080 (as recodified by this act). The notification shall be provided no later than thirty days after April 1, 1994. Within thirty days of notification from the department, manufacturers shall provide the same notification to their distributors, wholesalers, and retail customers.
Sec. 1331. RCW
70.118.070 and 1994 c 281 s 4 are each amended to read as follows:
The department shall hold confidential any information obtained pursuant to RCW
70.118.060 (as recodified by this act) when shown by any manufacturer that such information, if made public, would divulge confidential business information, methods, or processes entitled to protection as trade secrets of the manufacturer.
Sec. 1332. RCW
70.118.080 and 1994 c 281 s 5 are each amended to read as follows:
(1) Each manufacturer of a certified and approved additive product advertised, sold, or distributed in the state shall:
(a) Make no claims relating to the elimination of the need for septic tank pumping or proper septic tank maintenance;
(b) List the components of additive products on the product label, along with information regarding instructions for use and precautions;
(c) Make no false statements, design, or graphic representation relative to an additive product that is inconsistent with RCW
70.118.060,
70.118.070 (as recodified by this act), or this section; and
(d) Make no claims, either direct or implied, about the performance of the product based on state approval of its ingredients.
(2) A violation of this section is an unfair act or practice in violation of the consumer protection act, chapter
19.86 RCW.
Sec. 1333. RCW
70.118.130 and 2007 c 343 s 9 are each amended to read as follows:
A local health officer who is responsible for administering and enforcing regulations regarding on-site sewage disposal systems is authorized to issue civil penalties for violations of those regulations under the same limitations and requirements imposed on the department under RCW
70.118B.050 (as recodified by this act), except that the amount of a penalty shall not exceed one thousand dollars per day for every violation, and judgments shall be entered in the name of the local health jurisdiction and penalties shall be placed into the general fund or funds of the entity or entities operating the local health jurisdiction.
Sec. 1334. RCW
70.118A.020 and 2006 c 18 s 2 are each amended to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Board" means the state board of health.
(2) "Department" means the department of health.
(3) "Failing" means a condition of an existing on-site sewage disposal system or component that threatens the public health by inadequately treating sewage, or by creating a potential for direct or indirect contact between sewage and the public. Examples of a failing on-site sewage disposal system include:
(a) Sewage on the surface of the ground;
(b) Sewage backing up into a structure caused by slow soil absorption of septic tank effluent;
(c) Sewage leaking from a sewage tank or collection system;
(d) Cesspools or seepage pits where evidence of groundwater or surface water quality degradation exists;
(e) Inadequately treated effluent contaminating groundwater or surface water; or
(f) Noncompliance with standards stipulated on the permit.
(4) "Local health officer" or "local health jurisdiction" means the local health officers and local health jurisdictions in the following counties bordering Puget Sound: Clallam, Island, Kitsap, Jefferson, Mason, San Juan, Seattle-King, Skagit, Snohomish, Tacoma-Pierce, Thurston, and Whatcom.
(5) "Marine recovery area" means an area of definite boundaries where the local health officer, or the department in consultation with the health officer, determines that additional requirements for existing on-site sewage disposal systems may be necessary to reduce potential failing systems or minimize negative impacts of on-site sewage disposal systems.
(6) "Marine recovery area on-site strategy" or "on-site strategy" means a local health jurisdiction's on-site sewage disposal system strategy required under RCW
70.118A.050 (as recodified by this act). This strategy is a component of the on-site program management plan required under RCW
70.118A.030 (as recodified by this act).
(7) "On-site sewage disposal system" means an integrated system of components, located on or nearby the property it serves, that conveys, stores, treats, or provides subsurface soil treatment and dispersal of sewage. It consists of a collection system, a treatment component or treatment sequence, and a soil dispersal component. An on-site sewage disposal system also refers to a holding tank sewage system or other system that does not have a soil dispersal component. For purposes of this chapter, the term "on-site sewage disposal system" does not include any system regulated by a water quality discharge permit issued under chapter
90.48 RCW.
(8) "Unknown system" means an on-site sewage disposal system that was installed without the knowledge or approval of the local health jurisdiction, including those that were installed before such approval was required.
Sec. 1335. RCW
70.118A.040 and 2006 c 18 s 4 are each amended to read as follows:
(1) In developing on-site program management plans required under RCW
70.118A.030 (as recodified by this act), the local health officer shall propose a marine recovery area for those land areas where existing on-site sewage disposal systems are a significant factor contributing to concerns associated with:
(a) Shellfish growing areas that have been threatened or downgraded by the department under chapter
69.30 RCW;
(b) Marine waters that are listed by the department of ecology under section 303(d) of the federal clean water act (33 U.S.C. Sec. 1251 et seq.) for low-dissolved oxygen or fecal coliform; or
(c) Marine waters where nitrogen has been identified as a contaminant of concern by the local health officer.
(2) In determining the boundaries for a marine recovery area, the local health officer shall assess and include those land areas where existing on-site sewage disposal systems may affect water quality in the marine recovery area.
(3) Determinations made by the local health officer under this section, including identification of nitrogen as a contaminant of concern, will be based on published guidance developed by the department. The guidance must be designed to ensure the proper use of available scientific and technical data. The health officer shall document the basis for these determinations when plans are submitted to the department.
(4) After July 1, 2007, the local health officer may designate additional marine recovery areas meeting the criteria of this section, according to new information. Where the department recommends the designation of a marine recovery area or expansion of a designated marine recovery area, the local health officer shall notify the department of its decision concerning the recommendation within ninety days of receipt of the recommendation.
Sec. 1336. RCW
70.118A.050 and 2006 c 18 s 5 are each amended to read as follows:
(1) The local health officer of a local health jurisdiction where a marine recovery area has been proposed under RCW
70.118A.040 (as recodified by this act) shall develop and approve a marine recovery area on-site strategy that includes designation of marine recovery areas to guide the local health jurisdiction in developing and managing all existing on-site sewage disposal systems within marine recovery areas within its jurisdiction. The on-site strategy must be a component of the program management plan required under RCW
70.118A.030 (as recodified by this act). The department may grant an extension of twelve months where a local health jurisdiction has demonstrated substantial progress toward completing its on-site strategy.
(2) An on-site strategy for a marine recovery area must specify how the local health jurisdiction will by July 1, 2012, and thereafter, find:
(a) Existing failing systems and ensure that system owners make necessary repairs; and
(b) Unknown systems and ensure that they are inspected as required to ensure that they are functioning properly, and repaired, if necessary.
Sec. 1337. RCW
70.118A.070 and 2006 c 18 s 7 are each amended to read as follows:
(1) The on-site program management plans of local health jurisdictions required under RCW
70.118A.030 (as recodified by this act) must be submitted to the department by July 1, 2007, and be reviewed to determine if they contain all necessary elements. The department shall provide in writing to the local board of health its review of the completeness of the plan. The board may adopt additional criteria by rule for approving plans.
(2) In reviewing the on-site strategy component of the plan, the department shall ensure that all required elements, including designation of any marine recovery area, have been addressed.
(3) Within thirty days of receiving an on-site strategy, the department shall either approve the on-site strategy or provide in writing the reasons for not approving the strategy and recommend changes. If the department does not approve the on-site strategy, the local health officer must amend and resubmit the plan to the department for approval.
(4) Upon receipt of department approval or after thirty days without notification, whichever comes first, the local health officer shall implement the on-site strategy.
(5) If the department denies approval of an on-site strategy, the local health officer may appeal the denial to the board. The board must make a final determination concerning the denial.
(6) The department shall assist local health jurisdictions in:
(a) Developing written on-site program management plans required by RCW
70.118A.030 (as recodified by this act);
(b) Identifying reasonable methods for finding unknown systems; and
(c) Developing or enhancing electronic data systems that will enable each local health jurisdiction to actively manage all on-site sewage disposal systems within their jurisdictions, with priority given to those on-site sewage disposal systems that are located in or which could affect designated marine recovery areas.
Sec. 1338. RCW
70.118A.080 and 2006 c 18 s 8 are each amended to read as follows:
(1) The department shall enter into a contract with each local health jurisdiction subject to the requirements of this chapter to implement plans developed under this chapter, and to develop or enhance electronic data systems required by this chapter. The contract must include state funding assistance to the local health jurisdiction from funds appropriated to the department for this purpose.
(2) The contract must require, at a minimum, that within a marine recovery area, the local health jurisdiction:
(a) Show progressive improvement in finding failing systems;
(b) Show progressive improvement in working with on-site sewage disposal system owners to make needed system repairs;
(c) Is actively taking steps to find previously unknown systems and ensuring that they are inspected as required and repaired if necessary;
(d) Show progressive improvement in the percentage of on-site sewage disposal systems that are included in an electronic data system; and
(e) Of those on-site sewage disposal systems in the electronic data system, show progressive improvement in the percentage that have had required inspections.
(3) The contract must also include provisions for state assistance in updating the plan. Beginning July 1, 2012, the contract may adopt revised compliance dates, including those in RCW
70.118A.050 (as recodified by this act), where the local health jurisdiction has demonstrated substantial progress in updating the on-site strategy.
(4) The department shall convene a work group for the purpose of making recommendations to the appropriate committees of the legislature for the development of certification or licensing of maintenance specialists. The work group shall make its recommendation with consideration given to the 1998 report to the legislature entitled "On-Site Wastewater Certification Work Group" as it pertains to maintenance specialists. The work group may give priority to appropriate levels of certification or licensure of maintenance specialists who work in the Puget Sound basin.
Sec. 1339. RCW
70.118A.090 and 2006 c 18 s 9 are each amended to read as follows:
The provisions of this chapter are supplemental to all other authorities governing on-site sewage disposal systems, including chapter
70.118 RCW
(as recodified by this act) and rules adopted under that chapter.
Sec. 1340. RCW
70.118B.005 and 2007 c 343 s 1 are each amended to read as follows:
The legislature finds that:
(1) Protection of the environment and public health requires properly designed, operated, and maintained on-site sewage systems. Failure of those systems can pose certain health and environmental hazards if sewage leaks above ground or if untreated sewage reaches surface or groundwater.
(2) Chapter
70.118A RCW
(as recodified by this act) provides a framework for ongoing management of on-site sewage systems located in marine recovery areas and regulated by local health jurisdictions under state board of health rules. This chapter will provide a framework for comprehensive management of large on-site sewage systems statewide.
(3) The primary purpose of this chapter is to establish, in a single state agency, comprehensive regulation of the design, operation, and maintenance of large on-site sewage systems, and their operators, that provides both public health and environmental protection. To accomplish these purposes, this chapter provides for:
(a) The permitting and continuing oversight of large on-site sewage systems;
(b) The establishment by the department of standards and rules for the siting, design, construction, installation, operation, maintenance, and repair of large on-site sewage systems; and
(c) The enforcement by the department of the standards and rules established under this chapter.
Sec. 1341. RCW
70.118B.020 and 2007 c 343 s 3 are each amended to read as follows:
(1) For the protection of human health and the environment the department shall:
(a) Establish and provide for the comprehensive regulation of large on-site sewage systems including, but not limited to, system siting, design, construction, installation, operation, maintenance, and repair;
(b) Control and prevent pollution of streams, lakes, rivers, ponds, inland waters, salt waters, water courses, and other surface and underground waters of the state of Washington, except to the extent authorized by permits issued under this chapter;
(c) Issue annual operating permits for large on-site sewage systems based on the system's ability to function properly in compliance with the applicable comprehensive regulatory requirements; and
(d) Enforce the large on-site sewage system requirements.
(2) Large on-site sewage systems permitted by the department may not be used for treatment and disposal of industrial wastewater or combined sanitary sewer and stormwater systems.
(3) The work group convened under RCW
70.118A.080(4)
(as recodified by this act) to make recommendations to the appropriate committees of the legislature for the development of certification or licensing of maintenance specialists shall include recommendations for the development of certification or licensing of large on-site ((
[sewage]))
sewage system operators.
Sec. 1342. RCW
70.118B.030 and 2007 c 343 s 4 are each amended to read as follows:
(1) A person may not install or operate a large on-site sewage system without an operating permit as provided in this chapter after July 1, 2009. The owner of the system is responsible for obtaining a permit.
(2) The department shall issue operating permits in accordance with the rules adopted under RCW
70.118B.040 (as recodified by this act).
(3) The department shall ensure the system meets all applicable siting, design, construction, and installation requirements prior to issuing an initial operating permit. Prior to renewing an operating permit, the department may review the performance of the system to determine compliance with rules and any permit conditions.
(4) At the time of initial permit application or at the time of permit renewal the department shall impose those permit conditions, requirements for system improvements, and compliance schedules as it determines are reasonable and necessary to ensure that the system will be operated and maintained properly. Each application must be accompanied by a fee as established in rules adopted by the department.
(5) Operating permits shall be issued for a term of one year, and shall be renewed annually, unless the operator fails to apply for a new permit or the department finds good cause to deny the application for renewal.
(6) Each permit may be issued only for the site and owner named in the application. Permits are not transferable or assignable except with the written approval of the department.
(7) The department may deny an application for a permit or modify, suspend, or revoke a permit in any case in which it finds that the permit was obtained by fraud or there is or has been a failure, refusal, or inability to comply with the requirements of this chapter or the standards or rules adopted under this chapter. RCW
43.70.115 governs notice of denial, revocation, suspension, or modification and provides the right to an adjudicative proceeding to the permit applicant or permittee.
(8) For systems with design flows of more than fourteen thousand five hundred gallons per day, the department shall adopt rules to ensure adequate public notice and opportunity for review and comment on initial large on-site sewage system permit applications and subsequent permit applications to increase the volume of waste disposal or change effluent characteristics. The rules must include provisions for notice of final decisions. Methods for providing notice may include ((electronic))email, posting on the department's internet site, publication in a local newspaper, press releases, mailings, or other means of notification the department determines appropriate.
(9) A person aggrieved by the issuance of an initial permit, or by the issuance of a subsequent permit to increase the volume of waste disposal or to change effluent characteristics, for systems with design flows of more than fourteen thousand five hundred gallons per day, has the right to an adjudicative proceeding. The application for an adjudicative proceeding must be in writing, state the basis for contesting the action, include a copy of the decision, be served on and received by the department within twenty-eight days of receipt of notice of the final decision, and be served in a manner that shows proof of receipt. An adjudicative proceeding conducted under this subsection is governed by chapter
34.05 RCW.
(10) Any permit issued by the department of ecology for a large on-site sewage system under chapter
90.48 RCW is valid until it first expires after July 22, 2007. The system owner shall apply for an operating permit at least one hundred twenty days prior to expiration of the department of ecology permit.
(11) Systems required to meet operator certification requirements under chapter
70.95B RCW
(as recodified by this act) must continue to meet those requirements as a condition of the department operating permit.
Sec. 1343. RCW
70.119.030 and 2009 c 221 s 2 are each amended to read as follows:
(1) A public water system shall have a certified operator if:
(a) It is a group A water system; or
(b) It is a public water system using a surface water source or a groundwater source under the direct influence of surface water.
(2) The certified operators shall be in charge of the technical direction of a water system's operation, or an operating shift of such a system, or a major segment of a system necessary for monitoring or improving the quality of water. The operator shall be certified as provided in RCW
70.119.050 (as recodified by this act).
(3) A certified operator may provide required services to more than one system or to a group of systems. The amount of time that a certified operator shall be required to be present at any given system shall be based upon the time required to properly operate and maintain the public water system as designed and constructed in accordance with RCW
43.20.050. The employing or appointing officials shall designate the position or positions requiring mandatory certification within their individual systems and shall assure that such certified operators are responsible for the system's technical operation.
(4) The department shall, in establishing by rule or otherwise the requirements for public water systems with fewer than one hundred connections, phase in such requirements in order to assure that (a) an adequate number of certified operators are available to serve the additional systems, (b) the systems have adequate notice and time to plan for securing the services of a certified operator, (c) the department has the additional data and other administrative capacity, (d) adequate training is available to certify additional operators as necessary, and (e) any additional requirements under federal law are satisfied. The department shall require certified operators for all group A systems as necessary to conform to federal law or implementing rules or guidelines. Unless necessary to conform to federal law, rules, or guidelines, the department shall not require a certified operator for a system with fewer than one hundred connections unless that system is determined by the department to be in significant noncompliance with operational, monitoring, or water quality standards that would put the public health at risk, as defined by the department by rule, or has, or is required to have, water treatment facilities other than simple disinfection.
Sec. 1344. RCW
70.119.050 and 1995 c 269 s 2905 are each amended to read as follows:
The secretary shall adopt such rules and regulations as may be necessary for the administration of this chapter and shall enforce such rules and regulations. The rules and regulations shall include provisions establishing minimum qualifications and procedures for the certification of operators, criteria for determining the kind and nature of continuing educational requirements for renewal of certification under RCW
70.119.100(2)
(as recodified by this act), and provisions for classifying water purification plants and distribution systems.
Rules and regulations adopted under the provisions of this section shall be adopted in accordance with the provisions of chapter
34.05 RCW.
Sec. 1345. RCW
70.119.060 and 1991 c 305 s 4 are each amended to read as follows:
The secretary shall further categorize all public water systems with regard to the size, type, source of water, and other relevant physical conditions affecting purification plants and distribution systems to assist in identifying the skills, knowledge and experience required for the certification of operators for each category of such systems, to assure the protection of the public health and conservation and protection of the state's water resources as required under RCW
70.119.010 (as recodified by this act), and to implement the provisions of the state safe drinking water act in chapter
70.119A RCW
(as recodified by this act). In categorizing all public water systems for the purpose of implementing these provisions of state law, the secretary shall take into consideration economic impacts as well as the degree and nature of any public health risk.
Sec. 1346. RCW
70.119.070 and 1983 c 292 s 5 are each amended to read as follows:
The secretary is authorized, when taking action pursuant to RCW
70.119.050 and
70.119.060 (as recodified by this act), to consider generally applicable criteria and guidelines developed by a nationally recognized association of certification authorities and commonly accepted national guidelines and standards.
Sec. 1347. RCW
70.119.090 and 1991 c 305 s 5 are each amended to read as follows:
Certificates shall be issued without examination under the following conditions:
(1) Certificates shall be issued without application fee to operators who, on January 1, 1978, hold certificates of competency attained under the voluntary certification program sponsored jointly by the state department of social and health services, health services division, and the Pacific Northwest section of the American water works association.
(2) Certification shall be issued to persons certified by a governing body or owner of a public water system to have been the operators of a purification plant or distribution system on January 1, 1978, but only to those who are required to be certified under RCW
70.119.030(1)
(as recodified by this act). A certificate so issued shall be valid for operating any plant or system of the same classification and same type of water source.
(3) A nonrenewable certificate, temporary in nature, may be issued to an operator for a period not to exceed twelve months to fill a vacated position required to have a certified operator. Only one such certificate may be issued subsequent to each instance of vacation of any such position.
Sec. 1348. RCW
70.119.100 and 1993 c 306 s 1 are each amended to read as follows:
The issuance and renewal of a certificate shall be subject to the following conditions:
(1) Except as provided in RCW
70.119.090 (as recodified by this act), a certificate shall be issued if the operator has satisfactorily passed a written examination, has paid the department an application fee as established by the department under RCW
70.119.160 (as recodified by this act), and has met the requirements specified in the rules and regulations as authorized by this chapter.
(2) Every certificate shall be renewed annually upon the payment of a fee as established by the department under RCW
70.119.160 (as recodified by this act) and satisfactory evidence is presented to the secretary that the operator has fulfilled the continuing education requirements as prescribed by rule of the department.
(3) The secretary shall notify operators who fail to renew their certificates before the end of the year that their certificates are temporarily valid for two months following the end of the certificate year. Certificates not renewed during the two month period shall be invalid and the secretary shall so notify the holders of such certificates.
(4) An operator who has failed to renew a certificate pursuant to the provisions of this section, may reapply for certification and the secretary may require the operator to meet the requirements established for new applicants.
Sec. 1349. RCW
70.119.120 and 1993 c 306 s 2 are each amended to read as follows:
To carry out the provisions and purposes of this chapter, the secretary is authorized and empowered to:
(1) Receive financial and technical assistance from the federal government and other public or private agencies.
(2) Participate in related programs of the federal government, other state, interstate agencies, or other public or private agencies or organizations.
(3) Assess fees determined pursuant to RCW
70.119.160 (as recodified by this act) on public water systems to support the waterworks operator certification program.
Sec. 1350. RCW
70.119.130 and 2009 c 221 s 6 are each amended to read as follows:
Any person, including any operator or any firm, association, corporation, municipal corporation, or other governmental subdivision or agency who, after thirty days' written notice, operates a public water system which is not in compliance with RCW
70.119.030(1)
(as recodified by this act), shall be guilty of a misdemeanor. Each month of such operation out of compliance with RCW
70.119.030(1)
(as recodified by this act) shall constitute a separate offense. Upon conviction, violators shall be fined an amount not exceeding one hundred dollars for each offense. It shall be the duty of the prosecuting attorney or the attorney general, as appropriate, to secure injunctions of continuing violations of any provisions of this chapter or the rules and regulations adopted under this chapter.
Sec. 1351. RCW
70.119.150 and 1993 c 306 s 3 are each amended to read as follows:
The waterworks operator certification account is created in the general fund of the state treasury. All fees paid pursuant to RCW
70.119.100 (as recodified by this act),
70.119.120(3)
(as recodified by this act), and any other receipts realized in the administration of this chapter shall be deposited in the waterworks operator certification account. Moneys in the account shall be spent only after appropriation. Moneys from the account shall be used by the department of health to carry out the purposes of the waterworks operator certification program.
Sec. 1352. RCW
70.119.170 and 2009 c 221 s 3 are each amended to read as follows:
(1) Backflow assembly testers and cross-connection control specialists must hold a valid certificate and must be certified as provided by rule as adopted under the authority of RCW
70.119.050 (as recodified by this act).
(2) Backflow assembly testers who maintain or repair backflow assemblies, devices, or air gaps inside a building are subject to certification under chapter
18.106 RCW.
Sec. 1353. RCW
70.119A.020 and 2009 c 495 s 3 are each reenacted and amended to read as follows:
Unless the context clearly requires otherwise, the following definitions apply throughout this chapter:
(1) "Area-wide waivers" means a waiver granted by the department as a result of a geographically based testing program meeting required provisions of the federal safe drinking water act.
(2) "Department" means the department of health.
(3) "Federal safe drinking water act" means the federal safe drinking water act, 42 U.S.C. Sec. 300f et seq., as now in effect or hereafter amended.
(4) "Group A public water system" means a public water system with fifteen or more service connections, regardless of the number of people; or a system serving an average of twenty-five or more people per day for sixty or more days within a calendar year, regardless of the number of service connections; or a system serving one thousand or more people for two or more consecutive days.
(5) "Group B public water system" means a public water system that does not meet the definition of a group A public water system.
(6) "Local board of health" means the city, town, county, or district board of health.
(7) "Local health jurisdiction" means an entity created under chapter
70.05, 70.08, or
70.46 RCW which provides public health services to persons within the area.
(8) "Local health officer" means the legally qualified physician who has been appointed as the health officer for the city, town, county, or district public health department.
(9) "Order" means a written direction to comply with a provision of the regulations adopted under RCW
43.20.050(2) (a) and (b) or
70.119.050 (as recodified by this act) or to take an action or a series of actions to comply with the regulations.
(10) "Person" includes, but is not limited to, natural persons, municipal corporations, governmental agencies, firms, companies, mutual or cooperative associations, institutions, and partnerships. It also means the authorized agents of any such entities.
(11) "Public health emergency" means a declaration by an authorized health official of a situation in which either illness, or exposure known to cause illness, is occurring or is imminent.
(12) "Public water system" means any system, excluding a system serving only one single-family residence and a system with four or fewer connections all of which serve residences on the same farm, providing water for human consumption through pipes or other constructed conveyances, including any collection, treatment, storage, or distribution facilities under control of the purveyor and used primarily in connection with the system; and collection or pretreatment storage facilities not under control of the purveyor but primarily used in connection with the system, including:
(a) Any collection, treatment, storage, and distribution facilities under control of the purveyor and used primarily in connection with such system; and
(b) Any collection or pretreatment storage facilities not under control of the purveyor which are primarily used in connection with such system.
(13) "Purveyor" means any agency or subdivision of the state or any municipal corporation, firm, company, mutual or cooperative association, institution, partnership, or person or any other entity, that owns or operates a public water system. It also means the authorized agents of any such entities.
(14) "Regulations" means rules adopted to carry out the purposes of this chapter.
(15) "Secretary" means the secretary of the department of health.
(16) "State board of health" is the board created by RCW
43.20.030.
Sec. 1354. RCW
70.119A.030 and 1993 c 305 s 1 are each amended to read as follows:
(1) The secretary or his or her designee or the local health officer may declare a public health emergency. As limited by RCW
70.119A.040 (as recodified by this act), the department may impose penalties for violations of laws or regulations that are determined to be a public health emergency.
(2) As limited by RCW
70.119A.040 (as recodified by this act), the department may impose penalties for violation of laws or rules regulating public water systems and administered by the department of health.
Sec. 1355. RCW
70.119A.050 and 2009 c 495 s 4 are each amended to read as follows:
Each local board of health that is enforcing the regulations regarding public water systems is authorized to impose and collect civil penalties for violations within the area of its responsibility under the same limitations and requirements imposed upon the department by RCW
70.119A.030 and
70.119A.040 (as recodified by this act), except that judgment shall be entered in the name of the local board and penalties shall be placed into the general fund of the county, city, or town operating the local board of health.
Sec. 1356. RCW
70.119A.060 and 2009 c 495 s 5 are each amended to read as follows:
(1) To assure safe and reliable public drinking water and to protect the public health:
(a) Public water systems shall comply with all applicable federal, state, and local rules; and
(b) Group A public water systems shall:
(i) Protect the water sources used for drinking water;
(ii) Provide treatment adequate to assure that the public health is protected;
(iii) Provide and effectively operate and maintain public water system facilities;
(iv) Plan for future growth and assure the availability of safe and reliable drinking water;
(v) Provide the department with the current names, addresses, and telephone numbers of the owners, operators, and emergency contact persons for the system, including any changes to this information, and provide to users the name and twenty-four hour telephone number of an emergency contact person; and
(vi) Take whatever investigative or corrective action is necessary to assure that a safe and reliable drinking water supply is continuously available to users.
(2) No new public water system may be approved or created unless: (a) It is owned or operated by a satellite system management agency established under RCW
70.116.134 (as recodified by this act) and the satellite system management system complies with financial viability requirements of the department; or (b) a satellite management system is not available and it is determined that the new system has sufficient management and financial resources to provide safe and reliable service. The approval of any new system that is not owned by a satellite system management agency shall be conditioned upon future management or ownership by a satellite system management agency, if such management or ownership can be made with reasonable economy and efficiency, or upon periodic review of the system's operational history to determine its ability to meet the department's financial viability and other operating requirements. The department and local health jurisdictions shall enforce this requirement under authority provided under this chapter, chapter
70.116 (as recodified by this act), or
70.05 RCW, or other authority governing the approval of new water systems by the department or a local jurisdiction.
(3) The department and local health jurisdictions shall carry out the rules and regulations of the state board of health adopted pursuant to RCW
43.20.050(2) (a) and (b) and other rules adopted by the department relating to public water systems.
Sec. 1357. RCW
70.119A.110 and 2011 c 102 s 1 are each amended to read as follows:
(1) No person may operate a group A public water system unless the person first submits an application to the department and receives an operating permit as provided in this section. A new application must be submitted upon any change in ownership of the system.
(2) The department may require that each application include the information that is reasonable and necessary to determine that the system complies with applicable standards and requirements of the federal safe drinking water act, state law, and rules adopted by the department or by the state board of health.
(3) Following its review of the application, its supporting material, and any information received by the department in its investigation of the application, the department shall issue or deny the operating permit. The department shall act on initial permit applications as expeditiously as possible, and shall in all cases either grant or deny the application within one hundred twenty days of receipt of the application or of any supplemental information required to complete the application. The applicant for a permit shall be entitled to file an appeal in accordance with chapter
34.05 RCW if the department denies the initial or subsequent applications or imposes conditions or requirements upon the operator. Any operator of a public water system that requests a hearing may continue to operate the system until a decision is issued after the hearing.
(4) At the time of initial permit application or at the time of permit renewal the department may impose such permit conditions, requirements for system improvements, and compliance schedules as it determines are reasonable and necessary to ensure that the system will provide a safe and reliable water supply to its users.
(5) Operating permits shall be issued for a term of one year, and shall be renewed annually, unless the operator fails to apply for a new permit or the department finds good cause to deny the application for renewal.
(6) Each application shall be accompanied by an annual fee.
(7) The department shall adopt rules, in accordance with chapter
34.05 RCW, necessary to implement this section.
(8) The department shall establish by rule categories of annual operating permit fees based on system size, complexity, and number of service connections. Fees charged must be sufficient to cover, but may not exceed, the costs to the department of administering a program for safe and reliable drinking water. The department shall use operating permit fees to monitor and enforce compliance by group A public water systems with state and federal laws that govern planning, water use efficiency, design, construction, operation, maintenance, financing, management, and emergency response.
(9) The annual per-connection fee may not exceed one dollar and fifty cents. The department shall phase-in implementation of any annual fee increase greater than ten percent, and shall establish the schedule for implementation by rule. Rules established by the department prior to 2020 must limit the annual operating permit fee for any public water system to no greater than one hundred thousand dollars.
(10) The department shall notify existing public water systems of the requirements of RCW
70.119A.030,
70.119A.060 (as recodified by this act), and this section at least one hundred twenty days prior to the date that an application for a permit is required pursuant to RCW
70.119A.030,
70.119A.060 (as recodified by this act), and this section.
(11) The department shall issue one operating permit to any approved satellite system management agency. Operating permit fees for approved satellite system management agencies must be established by the department by rule. Rules established by the department must set a single fee based on the total number of connections for all group A public water systems owned by a satellite management agency.
(12) For purposes of this section, "group A public water system" and "system" mean those water systems with fifteen or more service connections, regardless of the number of people; or a system serving an average of twenty-five or more people per day for sixty or more days within a calendar year, regardless of the number of service connections.
Sec. 1358. RCW
70.119A.120 and 1991 c 304 s 6 are each amended to read as follows:
The safe drinking water account is created in the general fund of the state treasury. All receipts from the operating permit fees required to be paid under RCW
70.119A.110 (as recodified by this act) shall be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used by the department of health to carry out the purposes of chapter 304, Laws of 1991 and to carry out contracts with local governments in accordance with this chapter.
Sec. 1359. RCW
70.119A.190 and 2008 c 214 s 2 are each amended to read as follows:
Subject to the availability of amounts appropriated for this specific purpose, the department shall provide financial assistance through a water system acquisition and rehabilitation program, hereby created. The program shall be jointly administered with the public works board and the department of ((
community, trade, and economic development))
commerce. The agencies shall adopt guidelines for the program using as a model the procedures and criteria of the drinking water revolving loan program authorized under RCW
70.119A.170 (as recodified by this act). All financing provided through the program must be in the form of grants that partially cover project costs. The maximum grant to any eligible entity may not exceed twenty-five percent of the funds allocated to the appropriation in any fiscal year.
Sec. 1360. RCW
70.120.010 and 2011 c 171 s 108 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Department" means the department of ecology.
(2) "Director" means the director of the department of ecology.
(3) "Fleet" means a group of fifteen or more motor vehicles registered in the same name and whose owner has been assigned a fleet identifier code by the department of licensing.
(4) "Motor vehicle" means any self-propelled vehicle required to be licensed pursuant to chapter
46.16A RCW.
(5) "Motor vehicle dealer" means a motor vehicle dealer, as defined in RCW
46.70.011, that is licensed pursuant to chapter
46.70 RCW.
(6) "Person" means an individual, firm, public or private corporation, association, partnership, political subdivision of the state, municipality, or governmental agency.
(7) The terms "air contaminant," "air pollution," "air quality standard," "ambient air," "emission," and "emission standard" have the meanings given them in RCW
70.94.030 (as recodified by this act).
Sec. 1361. RCW
70.120.070 and 1998 c 342 s 2 are each amended to read as follows:
(1) Any person:
(a) Whose motor vehicle is tested pursuant to this chapter and fails to comply with the emission standards established for the vehicle; and
(b) Who, following such a test, expends more than one hundred dollars on a 1980 or earlier model year motor vehicle or expends more than one hundred fifty dollars on a 1981 or later model year motor vehicle for repairs solely devoted to meeting the emission standards and that are performed by a certified emission specialist authorized by RCW
70.120.020(2)(a)
(as recodified by this act); and
(c) Whose vehicle fails a retest, may be issued a certificate of acceptance if (i) the vehicle has been in use for more than five years or fifty thousand miles, and (ii) any component of the vehicle installed by the manufacturer for the purpose of reducing emissions, or its appropriate replacement, is installed and operative.
To receive the certificate, the person must document compliance with (b) and (c) of this subsection to the satisfaction of the department.
Should any provision of (b) of this subsection be disapproved by the administrator of the United States environmental protection agency, all vehicles shall be required to expend at least four hundred fifty dollars to qualify for a certificate of acceptance.
(2) Persons who fail the initial tests shall be provided with:
(a) Information regarding the availability of federal warranties and certified emission specialists;
(b) Information on the availability and procedure for acquiring license trip-permits;
(c) Information on the availability and procedure for receiving a certificate of acceptance; and
(d) The local phone number of the department's local vehicle specialist.
Sec. 1362. RCW
70.120.080 and 1991 c 199 s 205 are each amended to read as follows:
The director may authorize an owner or lessee of a fleet of motor vehicles, or the owner's or lessee's agent, to inspect the vehicles in the fleet and issue certificates of compliance for the vehicles in the fleet if the director determines that: (1) The director's inspection procedures will be complied with; and (2) certificates will be issued only to vehicles in the fleet that meet emission and equipment standards adopted under RCW
70.120.150 (as recodified by this act) and only when appropriate.
In addition, the director may authorize an owner or lessee of one or more diesel motor vehicles with a gross vehicle weight rating in excess of eight thousand five hundred pounds, or the owner's or lessee's agent, to inspect the vehicles and issue certificates of compliance for the vehicles. The inspections shall be conducted in compliance with inspection procedures adopted by the department and certificates of compliance shall only be issued to vehicles that meet emission and equipment standards adopted under RCW
70.120.150 (as recodified by this act).
The director shall establish by rule the fee for fleet or diesel inspections provided for in this section. The fee shall be set at an amount necessary to offset the department's cost to administer the fleet and diesel inspection program authorized by this section.
Owners, leaseholders, or their agents conducting inspections under this section shall pay only the fee established in this section and not be subject to fees under RCW
70.120.170(4)
(as recodified by this act).
Sec. 1363. RCW
70.120.120 and 1991 c 199 s 206 are each amended to read as follows:
The director shall adopt rules implementing and enforcing this chapter in accordance with chapter
34.05 RCW. The department shall take into account when considering proposed modifications of emission contributing boundaries, as provided for in RCW
70.120.150(6)
(as recodified by this act), alternative transportation control and motor vehicle emission reduction measures that are required by local municipal corporations for the purpose of satisfying federal emission guidelines.
Sec. 1364. RCW
70.120.130 and 1979 ex.s. c 163 s 14 are each amended to read as follows:
The authority granted by this chapter to the director and the department for controlling vehicle emissions is supplementary to the department's authority to control air pollution pursuant to chapter
70.94 RCW
(as recodified by this act).
Sec. 1365. RCW
70.120.190 and 1991 c 199 s 210 are each amended to read as follows:
(1) Motor vehicle dealers selling a used vehicle not under a new vehicle warranty shall include a notice in each vehicle purchase order form that reads as follows: "The owner of a vehicle may be required to spend up to (a dollar amount established under RCW
70.120.070 (as recodified by this act)) for repairs if the vehicle does not meet the vehicle emission standards under this chapter. Unless expressly warranted by the motor vehicle dealer, the dealer is not warranting that this vehicle will pass any emission tests required by federal or state law."
(2) The signature of the purchaser on the notice required under subsection (1) of this section shall constitute a valid disclaimer of any implied warranty by the dealer as to a vehicle's compliance with any emission standards.
(3) The disclosure requirement of subsection (1) of this section applies to all motor vehicle dealers located in counties where state emission inspections are required.
Sec. 1366. RCW
70.120A.010 and 2010 c 76 s 1 are each amended to read as follows:
(1) Pursuant to the federal clean air act, the legislature adopts the California motor vehicle emission standards in Title 13 of the California Code of Regulations, effective January 1, 2005, except as provided in this chapter. The department of ecology shall adopt rules to implement the emission standards of the state of California for passenger cars, light duty trucks, and medium duty passenger vehicles, and shall amend the rules from time to time, to maintain consistency with the California motor vehicle emission standards and 42 U.S.C. Sec. 7507 (section 177 of the federal clean air act). Notwithstanding other provisions of this chapter, the department of ecology shall not adopt the zero emission vehicle program regulations contained in Title 13 section 1962 of the California Code of Regulations effective January 1, 2005. During rule development, the department of ecology shall convene an advisory group composed of industry and consumer group representatives. Any proposed rules or changes to rules shall be subject to review and comment by the advisory group, prior to rule adoption. The order of adoption for the rules required in this section shall include the signature of the governor. The rules shall be effective only for those model years for which the state of Oregon has adopted the California motor vehicle emission standards. This section does not limit the department of ecology's authority to regulate motor vehicle emissions for any other class of vehicle.
(2) Motor vehicles with a model year equal to or later than the first model year for which new vehicles sold to Washington state residents are required to comply with California motor vehicle emission standards are exempt from emission inspections under chapter
70.120 RCW
(as recodified by this act).
(3) The provisions of this chapter do not apply with respect to the use by a resident of this state of a motor vehicle acquired and used while the resident is a member of the armed services and is stationed outside this state pursuant to military orders.
Sec. 1367. RCW
70.120A.020 and 2005 c 295 s 3 are each amended to read as follows:
(1) In recognition of the provisions of the federal clean air act which require a minimum phase-in period of three model years for adoption of California motor vehicle emission standards, the implementing rules shall include a system of early credits and banking for manufacturers for zero emission vehicles produced and sold earlier than the implementation date for the standards in Washington. Beginning with the model year in which the new standards become effective, each manufacturer's fleet of passenger cars and light duty trucks delivered for sale in the state of Washington shall proportionately conform to the zero emission vehicle requirements of Title 13 of the California Code of Regulations, including early credit and banking provisions set forth in Title 13 of the Code of California Regulations using Washington specific vehicle numbers. A manufacturer shall be given early Washington zero emission vehicle credits proportionally equivalent to the zero emission vehicle credits possessed by the requesting manufacturer for use in the state of California on January 1st of the model year the California standards become effective in Washington.
(2) In addition, an alternative means of compliance with the requirements of subsection (1) of this section shall be created in the implementing rules provided for in RCW
70.120A.010 (as recodified by this act). The alternative means of compliance shall allow a manufacturer to earn Washington zero emission vehicle credits beginning with the 2005 model year. The alternative means of compliance shall be developed to be consistent in concept with the alternative compliance systems developed for the states of Connecticut, New York, and Maine as they adopted the zero emission vehicle provisions of the California motor vehicle standards and shall contain a Washington multiplier consistent with the multipliers in those systems. The implementing rules shall require timely notification by the manufacturer to the department of ecology of an election to use the alternative means of compliance.
Sec. 1368. RCW
70.121.020 and 1991 c 3 s 372 are each amended to read as follows:
Unless the context clearly requires a different meaning, the definitions in this section apply throughout this chapter.
(1) "Department" means the department of health.
(2) "Secretary" means the secretary of health.
(3) "Site" means the restricted area as defined by the United States nuclear regulatory commission.
(4) "Tailings" means the residue remaining after extraction of uranium or thorium from the ore whether or not the residue is left in piles, but shall not include ore bodies nor ore stock piles.
(5) "License" means a radioactive materials license issued under chapter
70.98 RCW
(as recodified by this act) and the rules adopted under chapter
70.98 RCW
(as recodified by this act).
(6) "Termination of license" means the cancellation of the license after permanent cessation of operations. Temporary interruptions or suspensions of production due to economic or other conditions are not a permanent cessation of operations.
(7) "Milling" means grinding, cutting, working, or concentrating ore which has been extracted from the earth by mechanical (conventional) or chemical (in situ) processes.
(8) "Obligor-licensee" means any person who obtains a license to operate a uranium or thorium mill in the state of Washington or any person who owns the property on which the mill operates and who owes money to the state for the licensing fee, for reclamation of the site, for perpetual surveillance and maintenance of the site, or for any other obligation owed the state under this chapter.
(9) "Statement of claim" means the document recorded or filed pursuant to this chapter, which names an obligor-licensee, names the state as obligee, describes the obligation owed to the state, and describes property owned by the obligor-licensee on which a lien will attach for the benefit of the state, and which creates the lien when filed.
Sec. 1369. RCW
70.121.050 and 2012 c 187 s 8 are each amended to read as follows:
On a quarterly basis on and after January 1, 1980, there shall be levied and the department shall collect a charge of five cents per pound on each pound of uranium or thorium compound milled out of the raw ore. All moneys paid to the department from these charges shall be deposited in a special security fund in the treasury of the state of Washington to be known as the "radiation perpetual maintenance fund." This security fund shall be used by the department when a licensee has ceased to operate and the site may still contain, or have associated with the site at which the licensed activity was conducted in spite of full compliance with RCW
70.121.030 (as recodified by this act), radioactive material which will require further maintenance, surveillance, or other care. If, with respect to a licensee, the department determines that the estimated total of these charges will be less than or greater than that required to defray the estimated cost of administration of this responsibility, the department may prescribe such an increased or decreased charge as is considered necessary for this purpose. If, at termination of the license, the department determines that by the applicable standards and practices then in effect, the charges which have been collected from the licensee and earnings generated therefrom are in excess of the amount required to defray the cost of this responsibility, the department may refund the excess portion to the licensee. If, at termination of the license or cessation of operation, the department determines, by the applicable standards and practices then in effect, that the charges which have been collected from the licensee and earnings generated therefrom are together insufficient to defray the cost of this responsibility, the department may collect the excess portion from the licensee.
Sec. 1370. RCW
70.121.060 and 1979 ex.s. c 110 s 6 are each amended to read as follows:
In order to provide for the proper care and surveillance of sites under RCW
70.121.050 (as recodified by this act), the state may acquire by gift or transfer from any government agency, corporation, partnership, or person, all lands, buildings, and grounds necessary to fulfill the purposes of this chapter. Any such gift or transfer shall be subject to approval by the department. In exercising the authority of this section, the department shall take into consideration the status of the ownership of the land and interests therein and the ability of the licensee to transfer title and custody thereof to the state.
Sec. 1371. RCW
70.121.070 and 1979 ex.s. c 110 s 7 are each amended to read as follows:
Recognizing the uncertainty of the existence of a person or corporation in perpetuity, and recognizing that ultimate responsibility to protect the public health and safety must be reposed in a solvent government, without regard to the existence of any particular agency or department thereof, all lands, buildings, and grounds acquired by the state under RCW
70.121.060 (as recodified by this act) shall be owned in fee simple by the state and dedicated in perpetuity to the purposes stated in RCW
70.121.060 (as recodified by this act). All radioactive material received at a site and located therein at the time of acquisition of ownership by the state shall become the property of the state.
Sec. 1372. RCW
70.121.080 and 1979 ex.s. c 110 s 8 are each amended to read as follows:
If a person licensed by any governmental agency other than the state or if any other governmental agency desires to transfer a site to the state for the purpose of administering or providing perpetual care, a lump sum payment shall be made to the radiation perpetual maintenance fund. The amount of the deposit shall be determined by the department taking into consideration the factors stated in RCW
70.121.050 (as recodified by this act).
Sec. 1373. RCW
70.121.110 and 1987 c 184 s 6 are each amended to read as follows:
A bond shall be accepted by the department if it is a bond issued by a fidelity or surety company admitted to do business in the state of Washington and the fidelity or surety company is found by the state finance commission to be financially secure at licensing and licensing renewals, if it is a personal bond secured by such collateral as the secretary deems satisfactory and in accordance with RCW
70.121.100 (as recodified by this act), or if it is a cash bond.
Sec. 1374. RCW
70.138.010 and 1987 c 528 s 1 are each amended to read as follows:
The legislature finds:
(1) Solid wastes generated in the state are to be managed in the following order of descending priority: (a) Waste reduction; (b) recycling; (c) treatment; (d) energy recovery or incineration; (e) solidification/stabilization; and (f) landfill.
(2) Special incinerator ash residues from the incineration of municipal solid waste that would otherwise be regulated as hazardous wastes need a separate regulatory scheme in order to (a) ease the permitting and reporting requirements of chapter
70.105 RCW
(as recodified by this act), the state hazardous waste management act, and (b) supplement the environmental protection provisions of chapter
70.95 RCW
(as recodified by this act), the state solid waste management act.
(3) Raw garbage poses significant environmental and public health risks. Municipal solid waste incineration constitutes a higher waste management priority than the land disposal of untreated municipal solid waste due to its reduction of waste volumes and environmental health risks.
It is therefore the purpose of this chapter to establish management requirements for special incinerator ash that otherwise would be regulated as hazardous waste under chapter
70.105 RCW
(as recodified by this act), the hazardous waste management act.
Sec. 1375. RCW
70.138.020 and 1987 c 528 s 2 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Department" means the department of ecology.
(2) "Director" means the director of the department of ecology or the director's designee.
(3) "Dispose" or "disposal" means the treatment, utilization, processing, or final deposit of special incineration ash.
(4) "Generate" means any act or process which produces special incinerator ash or which first causes special incinerator ash to become subject to regulation.
(5) "Management" means the handling, storage, collection, transportation, and disposal of special incinerator ash.
(6) "Person" means any person, firm, association, county, public or municipal or private corporation, agency, or other entity whatsoever.
(7) "Facility" means all structures, other appurtenances, improvements, and land used for recycling, storing, treating, or disposing of special incinerator ash.
(8) "Special incinerator ash" means ash residues resulting from the operation of incinerator or energy recovery facilities managing municipal solid waste, including solid waste from residential, commercial, and industrial establishments, if the ash residues (a) would otherwise be regulated as hazardous wastes under chapter
70.105 RCW
(as recodified by this act); and (b) are not regulated as a hazardous waste under the federal resource conservation and recovery act, 42 U.S.C. Sec. 6901 et seq.
Sec. 1376. RCW
70.138.030 and 1987 c 528 s 3 are each amended to read as follows:
(1) Prior to managing special incinerator ash, persons who generate special incinerator ash shall develop plans for managing the special incinerator ash. These plans shall:
(a) Identify procedures for all aspects relating to the management of the special incinerator ash that are necessary to protect employees, human health, and the environment;
(b) Identify alternatives for managing solid waste prior to incineration for the purpose of (i) reducing the toxicity of the special incinerator ash; and (ii) reducing the quantity of the special incinerator ash;
(c) Establish a process for submittal of an annual report to the department disclosing the results of a testing program to identify the toxic properties of the special incinerator ash as necessary to ensure that the procedures established in the plans submitted pursuant to this chapter are adequate to protect employees, human health, and the environment; and
(d) Comply with the rules established by the department in accordance with this section.
(2) Prior to managing any special incinerator ash, any person required to develop a plan pursuant to subsection (1) of this section shall submit the plan to the department for review and approval. Prior to approving a plan, the department shall find that the plan complies with the provisions of this chapter, including any rules adopted under this chapter. Approval may be conditioned upon additional requirements necessary to protect employees, human health, and the environment, including special management requirements, waste segregation, or treatment techniques such as neutralization, detoxification, and solidification/stabilization.
(3) The department shall give notice of receipt of a proposed plan to interested persons and the public and shall accept public comment for a minimum of thirty days. The department shall approve, approve with conditions, or reject the plan submitted pursuant to this section within ninety days of submittal.
(4) Prior to accepting any special incinerator ash for disposal, persons owning or operating facilities for the disposal of the incinerator ash shall apply to the department for a permit. The department shall issue a permit if the disposal will provide adequate protection of human health and the environment. Prior to issuance of any permit, the department shall find that the facility meets the requirements of chapter
70.95 RCW
(as recodified by this act) and any rules adopted under this chapter. The department may place conditions on the permit to include additional requirements necessary to protect employees, human health, and the environment, including special management requirements, waste segregation, or treatment techniques such as neutralization, detoxification, and solidification/stabilization.
(5) The department shall give notice of its receipt of a permit application to interested persons and the public and shall accept public comment for a minimum of thirty days. The department shall issue, issue with conditions, or deny the permit within ninety days of submittal.
(6) The department shall adopt rules to implement the provisions of this chapter. The rules shall (a) establish minimum requirements for the management of special incinerator ash as necessary to protect employees, human health, and the environment, (b) clearly define the elements of the plans required by this chapter, and (c) require special incinerator ash to be disposed at facilities that are operating in compliance with this chapter.
Sec. 1377. RCW
70.142.050 and 1991 c 3 s 375 are each amended to read as follows:
Public water supply systems as defined by RCW
70.119.020 (as recodified by this act) that the state board of health or local health department determines do not comply with the water quality standards applicable to the system shall immediately initiate preparation of a corrective plan designed to meet or exceed the minimum standards for submission to the department of health. The owner of such system shall within one year take any action required to bring the water into full compliance with the standards. The department of health may require compliance as promptly as necessary to abate an immediate public health threat or may extend the period of compliance if substantial new construction is required: PROVIDED FURTHER, That the extension shall be granted only upon a determination by the department, after a public hearing, that the extension will not pose an imminent threat to public health. Each such system shall include a notice identifying the water quality standards exceeded, and the amount by which the water tested exceeded the standards, in all customer bills mailed after such determination. The notification shall continue until water quality tests conducted in accordance with this chapter establish that the system meets or exceeds the minimum standards.
Sec. 1378. RCW
70.146.030 and 2009 c 479 s 53 are each amended to read as follows:
The department may make grants or loans to public bodies, including grants to public bodies as cost-sharing moneys in any case where federal, local, or other funds are made available on a cost-sharing basis, for water pollution control facilities and activities, or for purposes of assisting a public body to obtain an ownership interest in water pollution control facilities and/or to defray a part of the payments made by a public body to a service provider under a service agreement entered into pursuant to RCW
70.150.060 (as recodified by this act), within the purposes of this chapter and for related administrative expenses. No more than three percent of the moneys may be used by the department to pay for the administration of the grant and loan program authorized by this chapter.
Sec. 1379. RCW
70.146.060 and 2009 c 479 s 55 are each amended to read as follows:
Funds provided for facilities and activities under this chapter may be used for payments to a service provider under a service agreement pursuant to RCW
70.150.060 (as recodified by this act). If funds are to be used for such payments, the department may make periodic disbursements to a public body or may make a single lump sum disbursement. Disbursements of funds with respect to a facility owned or operated by a service provider shall be equivalent in value to disbursements that would otherwise be made if that facility were owned or operated by a public body. Payments under this chapter for waste disposal and management facilities made to public bodies entering into service agreements pursuant to RCW
70.150.060 (as recodified by this act) shall not exceed amounts paid to public bodies not entering into service agreements.
Sec. 1380. RCW
70.146.070 and 2013 c 275 s 4 are each amended to read as follows:
(1) When making grants or loans for water pollution control facilities, the department shall consider the following:
(a) The protection of water quality and public health;
(b) The cost to residential ratepayers if they had to finance water pollution control facilities without state assistance;
(c) Actions required under federal and state permits and compliance orders;
(d) The level of local fiscal effort by residential ratepayers since 1972 in financing water pollution control facilities;
(e) Except as otherwise conditioned by RCW
70.146.110 (as recodified by this act), whether the entity receiving assistance is a Puget Sound partner, as defined in RCW
90.71.010;
(f) Whether the project is referenced in the action agenda developed by the Puget Sound partnership under RCW
90.71.310;
(g) Except as otherwise provided in RCW
70.146.120 (as recodified by this act), and effective one calendar year following the development and statewide availability of model evergreen community management plans and ordinances under RCW
35.105.050, whether the project is sponsored by an entity that has been recognized, and what gradation of recognition was received, in the evergreen community recognition program created in RCW
35.105.030;
(h) The extent to which the applicant county or city, or if the applicant is another public body, the extent to which the county or city in which the applicant public body is located, has established programs to mitigate nonpoint pollution of the surface or subterranean water sought to be protected by the water pollution control facility named in the application for state assistance; and
(i) The recommendations of the Puget Sound partnership, created in RCW
90.71.210, and any other board, council, commission, or group established by the legislature or a state agency to study water pollution control issues in the state.
(2) Except where necessary to address a public health need or substantial environmental degradation, a county, city, or town planning under RCW
36.70A.040 may not receive a grant or loan for water pollution control facilities unless it has adopted a comprehensive plan, including a capital facilities plan element, and development regulations as required by RCW
36.70A.040. A county, city, or town that has adopted a comprehensive plan and development regulations as provided in RCW
36.70A.040 may request a grant or loan for water pollution control facilities. This subsection does not require any county, city, or town planning under RCW
36.70A.040 to adopt a comprehensive plan or development regulations before requesting a grant or loan under this chapter if such request is made before the expiration of the time periods specified in RCW
36.70A.040. A county, city, or town planning under RCW
36.70A.040 that has not adopted a comprehensive plan and development regulations within the time periods specified in RCW
36.70A.040 is not prohibited from receiving a grant or loan under this chapter if the comprehensive plan and development regulations are adopted as required by RCW
36.70A.040 before the department executes a contractual agreement for the grant or loan.
(3) Whenever the department is considering awarding grants or loans for public facilities to special districts requesting funding for a proposed facility located in a county, city, or town planning under RCW
36.70A.040, it shall consider whether the county, city, or town planning under RCW
36.70A.040 in whose planning jurisdiction the proposed facility is located has adopted a comprehensive plan and development regulations as required by RCW
36.70A.040.
(4) After January 1, 2010, any project designed to address the effects of water pollution on Puget Sound may be funded under this chapter only if the project is not in conflict with the action agenda developed by the Puget Sound partnership under RCW
90.71.310.
Sec. 1381. RCW
70.146.100 and 2010 1st sp.s. c 37 s 948 are each amended to read as follows:
(1) The water quality capital account is created in the state treasury. Moneys in the water quality capital account may be spent only after appropriation.
(2) Expenditures from the water quality capital account may only be used: (a) To make grants or loans to public bodies, including grants to public bodies as cost-sharing moneys in any case where federal, local, or other moneys are made available on a cost-sharing basis, for the capital component of water pollution control facilities and activities; (b) for purposes of assisting a public body to obtain an ownership interest in water pollution control facilities; or (c) to defray any part of the capital component of the payments made by a public body to a service provider under a service agreement entered into under RCW
70.150.060 (as recodified by this act). During the 2009-2011 fiscal biennium, the legislature may transfer from the water quality capital account to the state general fund such amounts as reflect the excess fund balance of the account.
Sec. 1382. RCW
70.146.110 and 2007 c 341 s 27 are each amended to read as follows:
When making grants or loans for water pollution control facilities under RCW
70.146.070 (as recodified by this act), the department shall give preference only to Puget Sound partners, as defined in RCW
90.71.010, in comparison to other entities that are eligible to be included in the definition of Puget Sound partner. Entities that are not eligible to be a Puget Sound partner due to geographic location, composition, exclusion from the scope of the action agenda developed by the Puget Sound partnership under RCW
90.71.310, or for any other reason, shall not be given less preferential treatment than Puget Sound partners.
Sec. 1383. RCW
70.148.020 and 2019 c 413 s 7034 are each amended to read as follows:
(1) The pollution liability insurance program trust account is established in the custody of the state treasurer. All funds appropriated for this chapter and all premiums collected for reinsurance shall be deposited in the account. Except as provided in chapter
70.340 RCW
(as recodified by this act), expenditures from the account shall be used exclusively for the purposes of this chapter including payment of costs of administering the pollution liability insurance and underground storage tank community assistance programs. Expenditures for payment of administrative and operating costs of the agency are subject to the allotment procedures under chapter
43.88 RCW and may be made only after appropriation by statute. No appropriation is required for other expenditures from the account.
(2) Each calendar quarter, the director shall report to the insurance commissioner the loss and surplus reserves required for the calendar quarter. The director shall notify the department of revenue of this amount by the fifteenth day of each calendar quarter.
(3) During the 2019-2021 fiscal biennium, the legislature may make appropriations from the pollution liability insurance program trust account for the leaking tank model remedies activity.
(4) This section expires July 1, 2030.
Sec. 1384. RCW
70.148.025 and 1995 c 20 s 12 are each amended to read as follows:
The director shall provide reinsurance through the pollution liability insurance program trust account to the heating oil pollution liability protection program under chapter
70.149 RCW
(as recodified by this act).
Sec. 1385. RCW
70.148.070 and 1990 c 64 s 8 are each amended to read as follows:
(1) In selecting an insurer to provide pollution liability insurance coverage to owners and operators of underground storage tanks, the director shall evaluate bids based upon criteria established by the director that shall include:
(a) The insurer's ability to underwrite pollution liability insurance;
(b) The insurer's ability to settle pollution liability claims quickly and efficiently;
(c) The insurer's estimate of underwriting and claims adjustment expenses;
(d) The insurer's estimate of premium rates for providing coverage;
(e) The insurer's ability to manage and invest premiums; and
(f) The insurer's ability to provide risk management guidance to insureds.
The director shall select the bidder most qualified to provide insurance consistent with this chapter and need not select the bidder submitting the least expensive bid. The director may consider bids by groups of insurers and management companies who propose to act in concert in providing coverage and who otherwise meet the requirements of this chapter.
(2) The successful bidder shall agree to provide liability insurance coverage to owners and operators of underground storage tanks for third party bodily injury and property damage and corrective action consistent with the following minimum standards:
(a) The insurer shall provide coverage for defense costs.
(b) The insurer shall collect a deductible from the insured for corrective action in an amount approved by the director.
(c) The insurer shall provide coverage for accidental releases in the amount of five hundred thousand dollars per occurrence and one million dollars annual aggregate but no more than one million dollars per occurrence and two million dollars annual aggregate exclusive of defense costs.
(d) The insurer shall require insurance applicants to meet at least the following underwriting standards before issuing coverage to the applicant:
(i) The applicant must be in compliance with statutes, ordinances, rules, regulations, and orders governing the ownership and operation of underground storage tanks as identified by the director by rule; and
(ii) The applicant must exercise adequate underground storage tank risk management as specified by the director by rule.
(e) The insurer may exclude coverage for losses arising before the effective date of coverage, and the director may adopt rules establishing standards for determining whether a loss was incurred before the effective date of coverage.
(f) The insurer may exclude coverage for bodily injury, property damage, and corrective action as permitted by the director by rule.
(g) The insurer shall use a variable rate schedule approved by the director taking into account tank type, tank age, and other factors specified by the director.
(3) The director shall adopt all rules necessary to implement this section. In developing and adopting rules governing rates, deductibles, underwriting standards, and coverage conditions, limitations, and exclusions, the director shall balance the owner and operator's need for coverage with the need to maintain the actuarial integrity of the program, shall take into consideration the economic impact of the discontinued use of a storage tank upon the affected community, and shall consult with the standing technical advisory committee established under RCW
70.148.030(3)
(as recodified by this act). In developing and adopting rules governing coverage exclusions affecting corrective action, the director shall consult with the Washington state department of ecology.
(4) Notwithstanding the definitions contained in RCW
70.148.010 (as recodified by this act), the director may permit an insurer to use different words or phrases describing the coverage provided under the program. In permitting such deviations from the definitions contained in RCW
70.148.010 (as recodified by this act), the director shall consider the regulations adopted by the United States environmental protection agency requiring financial responsibility by owners and operators of underground petroleum storage tanks.
(5) Owners and operators of underground storage tanks or sites containing underground storage tanks where a preexisting release has been identified or where the owner or operator knows of a preexisting release are eligible for coverage under the program subject to the following conditions:
(a) The owner or operator must have a plan for proceeding with corrective action; and
(b) If the owner or operator files a claim with the insurer, the owner or operator has the burden of proving that the claim is not related to a preexisting release until the owner or operator demonstrates to the satisfaction of the director that corrective action has been completed.
(6) When a reinsurance contract has been entered into by the agency and insurance companies, the director shall notify the department of ecology of the letting of the contract. Within thirty days of that notification, the department of ecology shall notify all known owners and operators of petroleum underground storage tanks that appropriate levels of financial responsibility must be established by October 26, 1990, in accordance with federal environmental protection agency requirements, and that insurance under the program is available. All owners and operators of petroleum underground storage tanks must also be notified that declaration of method of financial responsibility or intent to seek to be insured under the program must be made to the state by November 1, 1990. If the declaration of method of financial responsibility is not made by November 1, 1990, the department of ecology shall, pursuant to chapter
90.76 RCW
(as recodified by this act), prohibit the owner or operator of an underground storage tank from obtaining a tank tag or receiving petroleum products until such time as financial responsibility has been established.
Sec. 1386. RCW
70.149.030 and 2017 c 23 s 3 are each amended to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Accidental release" means a sudden or nonsudden release of heating oil, occurring after July 23, 1995, from operating a heating oil tank that results in bodily injury, property damage, or a need for corrective action, neither expected nor intended by the owner or operator.
(2) "Bodily injury" means bodily injury, sickness, or disease sustained by a person, including death at any time, resulting from the injury, sickness, or disease.
(3)(a) "Corrective action" means those actions reasonably required to be undertaken by the insured to remove, treat, neutralize, contain, or clean up an accidental release in order to comply with a statute, ordinance, rule, regulation, directive, order, or similar legal requirement, in effect at the time of an accidental release, of the United States, the state of Washington, or a political subdivision of the United States or the state of Washington. "Corrective action" includes, where agreed to in writing, in advance by the insurer, action to remove, treat, neutralize, contain, or clean up an accidental release to avert, reduce, or eliminate the liability of the insured for corrective action, bodily injury, or property damage. "Corrective action" also includes actions reasonably necessary to monitor, assess, and evaluate an accidental release.
(b) "Corrective action" does not include:
(i) Replacement or repair of heating oil tanks or other receptacles; or
(ii) Replacement or repair of piping, connections, and valves of tanks or other receptacles.
(4) "Defense costs" include the costs of legal representation, expert fees, and related costs and expenses incurred in defending against claims or actions brought by or on behalf of:
(a) The United States, the state of Washington, or a political subdivision of the United States or state of Washington to require corrective action or to recover costs of corrective action; or
(b) A third party for bodily injury or property damage caused by an accidental release.
(5) "Director" means the director of the Washington state pollution liability insurance agency or the director's appointed representative.
(6) "Environmental covenant" has the same meaning as defined in RCW
64.70.020.
(7) "Facility" has the same meaning as defined in RCW
70.105D.020 (as recodified by this act).
(8) "Heating oil" means any petroleum product used for space heating in oil-fired furnaces, heaters, and boilers, including stove oil, diesel fuel, or kerosene. "Heating oil" does not include petroleum products used as fuels in motor vehicles, marine vessels, trains, buses, aircraft, or any off-highway equipment not used for space heating, or for industrial processing or the generation of electrical energy.
(9) "Heating oil tank" means a tank and its connecting pipes, whether above or below ground, or in a basement, with pipes connected to the tank for space heating of human living or working space on the premises where the tank is located. "Heating oil tank" does not include a decommissioned or abandoned heating oil tank, or a tank used solely for industrial process heating purposes or generation of electrical energy.
(10) "Independent remedial action" has the same meaning as defined in RCW
70.105D.020 (as recodified by this act).
(11) "Occurrence" means an accident, including continuous or repeated exposure to conditions, that results in a release from a heating oil tank.
(12) "Owner or operator" means a person in control of, or having responsibility for, the daily operation of a petroleum storage tank system.
(13) "Petroleum" means any petroleum-based substance including crude oil or any fraction that is liquid at standard conditions of temperature and pressure. The term "petroleum" includes, but is not limited to, petroleum and petroleum-based substances comprised of a complex blend of hydrocarbons, such as motor fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum solvents, used oils, and heating oils. The term "petroleum" does not include propane, asphalt, or any other petroleum product that is not liquid at standard conditions of temperature and pressure. Standard conditions of temperature and pressure are at sixty degrees Fahrenheit and 14.7 pounds per square inch absolute.
(14) "Petroleum storage tank system" means a storage tank system that contains petroleum or a mixture of petroleum with de minimis quantities of other substances. The systems include those containing motor fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum solvents, used oils, and heating oils. "Petroleum storage tank system" does not include any storage tank system regulated under chapter
70.105 RCW
(as recodified by this act).
(15) "Pollution liability insurance agency" means the Washington state pollution liability insurance agency.
(16) "Property damage" means:
(a) Physical injury to, destruction of, or contamination of tangible property, including the loss of use of the property resulting from the injury, destruction, or contamination; or
(b) Loss of use of tangible property that has not been physically injured, destroyed, or contaminated but has been evacuated, withdrawn from use, or rendered inaccessible because of an accidental release.
(17) "Release" means a spill, leak, emission, escape, or leaching into the environment.
(18) "Remedial action" has the same meaning as defined in RCW
70.105D.020 (as recodified by this act).
(19) "Remedial action costs" means reasonable costs that are attributable to or associated with a remedial action.
(20) "Tank" means a stationary device, designed to contain an accumulation of heating oil, that is constructed primarily of nonearthen materials such as concrete, steel, fiberglass, or plastic that provides structural support.
(21) "Third-party liability" means the liability of a heating oil tank owner to another person due to property damage or personal injury that results from a leak or spill.
Sec. 1387. RCW
70.149.040 and 2018 c 194 s 3 are each amended to read as follows:
The director shall:
(1) Design a program, consistent with RCW
70.149.120 (as recodified by this act), for providing pollution liability insurance for heating oil tanks that provides up to sixty thousand dollars per occurrence coverage and aggregate limits, not to exceed fifteen million dollars each calendar year, and protects the state of Washington from unwanted or unanticipated liability for accidental release claims;
(2) Administer, implement, and enforce the provisions of this chapter. To assist in administration of the program, the director is authorized to appoint up to two employees who are exempt from the civil service law, chapter
41.06 RCW, and who shall serve at the pleasure of the director;
(3) Administer the heating oil pollution liability trust account, as established under RCW
70.149.070 (as recodified by this act);
(4) Employ and discharge, at his or her discretion, agents, attorneys, consultants, companies, organizations, and employees as deemed necessary, and to prescribe their duties and powers, and fix their compensation;
(5) Adopt rules under chapter
34.05 RCW as necessary to carry out the provisions of this chapter;
(6) Design and from time to time revise a reinsurance contract providing coverage to an insurer or insurers meeting the requirements of this chapter. The director is authorized to provide reinsurance through the pollution liability insurance program trust account;
(7) Solicit bids from insurers and select an insurer to provide pollution liability insurance for third-party bodily injury and property damage, and corrective action to owners and operators of heating oil tanks;
(8) Register, and design a means of accounting for, operating heating oil tanks;
(9) Implement a program to provide advice and technical assistance on the administrative and technical requirements of this chapter and chapter
70.105D RCW
(as recodified by this act) to persons who are conducting or otherwise interested in independent remedial actions at facilities where there is a suspected or confirmed release from the following petroleum storage tank systems: A heating oil tank; a decommissioned heating oil tank; an abandoned heating oil tank; or a petroleum storage tank system identified by the department of ecology based on the relative risk posed by the release to human health and the environment, as determined under chapter
70.105D RCW
(as recodified by this act), or other factors identified by the department of ecology.
(a) Such advice or assistance is advisory only, and is not binding on the pollution liability insurance agency or the department of ecology. As part of this advice and assistance, the pollution liability insurance agency may provide written opinions on whether independent remedial actions or proposals for these actions meet the substantive requirements of chapter
70.105D RCW
(as recodified by this act), or whether the pollution liability insurance agency believes further remedial action is necessary at the facility. As part of this advice and assistance, the pollution liability insurance agency may also observe independent remedial actions.
(b) The agency is authorized to collect, from persons requesting advice and assistance, the costs incurred by the agency in providing such advice and assistance. The costs may include travel costs and expenses associated with review of reports and preparation of written opinions and conclusions. Funds from cost reimbursement must be deposited in the heating oil pollution liability trust account.
(c) The state of Washington, the pollution liability insurance agency, and its officers and employees are immune from all liability, and no cause of action arises from any act or omission in providing, or failing to provide, such advice, opinion, conclusion, or assistance;
(10) Establish a public information program to provide information regarding liability, technical, and environmental requirements associated with active and abandoned heating oil tanks;
(11) Monitor agency expenditures and seek to minimize costs and maximize benefits to ensure responsible financial stewardship;
(12) Study if appropriate user fees to supplement program funding are necessary and develop recommendations for legislation to authorize such fees;
(13) Establish requirements, including deadlines not to exceed ninety days, for reporting to the pollution liability insurance agency a suspected or confirmed release from a heating oil tank, including a decommissioned or abandoned heating oil tank, that may pose a threat to human health or the environment by the owner or operator of the heating oil tank or the owner of the property where the release occurred;
(14) Within ninety days of receiving information and having a reasonable basis to believe that there may be a release from a heating oil tank, including decommissioned or abandoned heating oil tanks, that may pose a threat to human health or the environment, perform an initial investigation to determine at a minimum whether such a release has occurred and whether further remedial action is necessary under chapter
70.105D RCW
(as recodified by this act). The initial investigation may include, but is not limited to, inspecting, sampling, or testing. The director may retain contractors to perform an initial investigation on the agency's behalf;
(15) For any written opinion issued under subsection (9) of this section requiring an environmental covenant as part of the remedial action, consult with, and seek comment from, a city or county department with land use planning authority for real property subject to the environmental covenant prior to the property owner recording the environmental covenant; and
(16) For any property where an environmental covenant has been established as part of the remedial action approved under subsection (9) of this section, periodically review the environmental covenant for effectiveness. The director shall perform a review at least once every five years after an environmental covenant is recorded.
Sec. 1388. RCW
70.149.070 and 2017 c 23 s 5 are each amended to read as follows:
(1) The heating oil pollution liability trust account is created in the custody of the state treasurer. All receipts from the pollution liability insurance fee collected under RCW
70.149.080 (as recodified by this act) and reinsurance premiums shall be deposited into the account. Expenditures from the account may be used only for the purposes set out under this chapter. Only the director or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter
43.88 RCW, but no appropriation is required for expenditures.
(2) Money in the account may be used by the director for the following purposes:
(a) Corrective action costs;
(b) Third-party liability claims;
(c) Costs associated with claims administration;
(d) Purchase of an insurance policy to cover all registered heating oil tanks, and reinsurance of the policy; and
(e) Administrative expenses of the program, including personnel, equipment, supplies, and providing advice and technical assistance.
Sec. 1389. RCW
70.149.120 and 2007 c 240 s 2 are each amended to read as follows:
(1) The pollution liability insurance agency shall identify design criteria for heating oil tanks that provide superior protection against future leaks as compared to standard steel tank designs. Any tank designs identified under this section must either be constructed with fiberglass or offer at least an equivalent level of protection against leaks as a standard fiberglass design.
(2) The pollution liability insurance agency shall reimburse any owner or operator, who is participating in the program created in this chapter and who has experienced an occurrence or remedial action, for the difference in price between a standard steel heating tank and a new heating oil tank that satisfies the design standards identified under subsection (1) of this section, if the owner or operator chooses or is required to replace his or her tank at the time of the occurrence or remedial action.
(3) Any new heating oil tank reimbursement provided under this section must be funded within the amount of per occurrence coverage provided to the owner or operator under RCW
70.149.040 (as recodified by this act).
Sec. 1390. RCW
70.150.030 and 1986 c 244 s 3 are each amended to read as follows:
(1) Public bodies may enter into agreements with service providers for the furnishing of service in connection with water pollution control facilities pursuant to the process set forth in RCW
70.150.040 (as recodified by this act). The agreements may provide that a public body pay a minimum periodic fee in consideration of the service actually available without regard to the amount of service actually used during all or any part of the contractual period. Agreements may be for a term not to exceed forty years or the life of the facility, whichever is longer, and may be renewable.
(2) The source of funds to meet periodic payment obligations assumed by a public body pursuant to an agreement permitted under this section may be paid from taxes, or solely from user fees, charges, or other revenues pledged to the payment of the periodic obligations, or any of these sources.
Sec. 1391. RCW
70.150.070 and 2007 c 494 s 505 are each amended to read as follows:
RCW
70.150.030 through
70.150.060 (as recodified by this act) shall be deemed to provide an additional method for the provision of services from and in connection with facilities and shall be regarded as supplemental and additional to powers conferred by other state laws and by federal laws.
Sec. 1392. RCW
70.164.020 and 2015 c 50 s 2 are each amended to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Department" means the department of commerce.
(2) "Direct outreach" means:
(a) The use of door-to-door contact, community events, and other methods of direct interaction with customers to inform them of energy efficiency and weatherization opportunities; and
(b) The performance of energy audits.
(3) "Energy audit" means an analysis of a dwelling unit to determine the need for cost-effective energy conservation measures as determined by the department.
(4) "Healthy housing improvements" means increasing the health and safety of a home by integrating energy efficiency activities and indoor environmental quality measures, consistent with the weatherization plus health initiative of the federal department of energy and the healthy housing principles adopted by the federal department of housing and urban development.
(5) "Household" means an individual or group of individuals living in a dwelling unit as defined by the department.
(6) "Low income" means household income as defined by the department, provided that the definition may not exceed eighty percent of median household income, adjusted for household size, for the county in which the dwelling unit to be weatherized is located.
(7) "Nonutility sponsor" means any sponsor other than a public service company, municipality, public utility district, mutual or cooperative, furnishing gas or electricity used to heat low-income residences.
(8) "Residence" means a dwelling unit as defined by the department.
(9) "Sponsor" means any entity that submits a proposal under RCW
70.164.040 (as recodified by this act), including but not limited to any local community action agency, tribal nation, community service agency, or any other participating agency or any public service company, municipality, public utility district, mutual or cooperative, or any combination of such entities that jointly submits a proposal.
(10) "Sponsor match" means the share of the cost of weatherization to be paid by the sponsor.
(11) "Sustainable residential weatherization" or "weatherization" means activities that use funds administered by the department for one or more of the following: (a) Energy and resource conservation; (b) energy efficiency improvements; (c) repairs, indoor air quality improvements, and health and safety improvements; and (d) client education. Funds administered by the department for activities authorized under this subsection may only be used for the preservation of a dwelling unit occupied by a low-income household and must, to the extent feasible, be used to support and advance sustainable technologies.
(12) "Weatherizing agency" means any approved department grantee, tribal nation, or any public service company, municipality, public utility district, mutual or cooperative, or other entity that bears the responsibility for ensuring the performance of weatherization of residences under this chapter and has been approved by the department.
Sec. 1393. RCW
70.164.030 and 2010 c 287 s 3 are each amended to read as follows:
(1) The low-income weatherization and structural rehabilitation assistance account is created in the state treasury. All moneys from the money distributed to the state pursuant to
Exxon v. United States, 561 F.Supp. 816 (1983), affirmed 773 F.2d 1240 (1985), or any other oil overcharge settlements or judgments distributed by the federal government, that are allocated to the low-income weatherization and structural rehabilitation assistance account shall be deposited in the account. The department may accept such gifts, grants, and endowments from public or private sources as may be made from time to time, in trust or otherwise, and shall deposit such funds in the account. Any moneys received from sponsor match payments shall be deposited in the account. The legislature may also appropriate moneys to the account. Moneys in the account shall be spent pursuant to appropriation and only for the purposes and in the manner provided in RCW
70.164.040 (as recodified by this act). Any moneys appropriated that are not spent by the department shall return to the account.
(2) The purposes of the low-income weatherization and structural rehabilitation assistance account are to:
(a) Maximize the number of energy efficient residential structures in the state;
(b) Achieve the greatest possible expected monetary and energy savings by low-income households and other energy consumers over the longest period of time;
(c) Identify and correct, to the extent practicable, health and safety problems for residents of low-income households, including asbestos, lead, and mold hazards;
(d) Leverage the many available state and federal programs aimed at increasing the quality and energy efficiency of low-income residences in the state;
(e) Create family-wage jobs that may lead to careers in the construction trades or in the energy efficiency sectors; and
(f) Leverage, to the extent feasible, sustainable technologies, practices, and designs, including renewable energy systems.
Sec. 1394. RCW
70.220.020 and 2005 c 305 s 2 are each amended to read as follows:
The Washington academy of sciences authorized to be formed under RCW
70.220.030 (as recodified by this act) shall serve as a principal source of scientific investigation, examination, and reporting on scientific questions referred to the academy by the governor or the legislature under the provisions of RCW
70.220.040 (as recodified by this act). Nothing in this section or this chapter supersedes or diminishes the responsibilities performed by scientists employed by the state or its political subdivisions.
Sec. 1395. RCW
70.220.030 and 2005 c 305 s 3 are each amended to read as follows:
(1) The presidents of the University of Washington and Washington State University shall jointly form and serve as the cochairs of an organizing committee for the purpose of creating the Washington academy of sciences as an independent entity to carry out the purposes of this chapter. The committee should be representative of appropriate disciplines from the academic, private, governmental, and research sectors.
(2) Staff from the University of Washington and Washington State University, and from other available entities, shall provide support to the organizing committee under the direction of the cochairs.
(3)(a) The committee shall investigate organizational structures that will ensure the participation or membership in the academy of scientists and experts with distinction in their fields, and that will ensure broad participation among the several disciplines that may be called upon in the investigation, examination, and reporting upon questions referred to the academy by the governor or the legislature.
(b) The organizational structure shall include a process by which the academy responds to inquiries from the governor or the legislature, including but not limited to the identification of research projects, past or present, at Washington or other research institutions and the findings of such research projects.
(4) The committee cochairs shall use their best efforts to form the committee by January 1, 2006, and to complete the committee's review by April 30, 2007. By April 30, 2007, the committee, or such individuals as the committee selects, shall file articles of incorporation to create the academy as a Washington independent organizational entity. The articles shall expressly recognize the power and responsibility of the academy to provide services as described in RCW
70.220.040 (as recodified by this act) upon request of the governor, the governor's designee, or the legislature. The articles shall also provide for a board of directors of the academy that includes distinguished scientists from the range of disciplines that may be called upon to provide such services to the state and its political subdivisions, and provide a balance of representation from the academic, private, governmental, and research sectors.
(5) The articles shall provide for all such powers as may be appropriate or necessary to carry out the academy's purposes under this chapter, to the full extent allowable under the proposed organizational structure.
Sec. 1396. RCW
70.220.050 and 2005 c 305 s 5 are each amended to read as follows:
The academy may carry out functions or provide services to its members and the public in addition to the services provided under RCW
70.220.040 (as recodified by this act), such as public education programs, newsletters, web sites, science fairs, and research assistance.
Sec. 1397. RCW
70.235.005 and 2008 c 14 s 1 are each amended to read as follows:
(1) The legislature finds that Washington has long been a national and international leader on energy conservation and environmental stewardship, including air quality protection, renewable energy development and generation, emission standards for fossil-fuel based energy generation, energy efficiency programs, natural resource conservation, vehicle emission standards, and the use of biofuels. Washington is also unique among most states in that in addition to its commitment to reduce emissions of greenhouse gases, it has established goals to grow the clean energy sector and reduce the state's expenditures on imported fuels.
(2) The legislature further finds that Washington should continue its leadership on climate change policy by creating accountability for achieving the emission reductions established in RCW
70.235.020 (as recodified by this act), participating in the design of a regional multisector market-based system to help achieve those emission reductions, assessing other market strategies to reduce emissions of greenhouse gases, and ensuring the state has a well trained workforce for our clean energy future.
(3) It is the intent of the legislature that the state will: (a) Limit and reduce emissions of greenhouse gas consistent with the emission reductions established in RCW
70.235.020 (as recodified by this act); (b) minimize the potential to export pollution, jobs, and economic opportunities; and (c) reduce emissions at the lowest cost to Washington's economy, consumers, and businesses.
(4) In the event the state elects to participate in a regional multisector market-based system, it is the intent of the legislature that the system will become effective by January 1, 2012, after authority is provided to the department for its implementation. By acting now, Washington businesses and citizens will have adequate time and opportunities to be well positioned to take advantage of the low-carbon economy and to make necessary investments in low-carbon technology.
(5) It is also the intent of the legislature that the regional multisector market-based system recognize Washington's unique emissions portfolio, including the state's hydroelectric system, the opportunities presented by Washington's abundant forest resources and agriculture land, and the state's leadership in energy efficiency and the actions it has already taken that have reduced its generation of greenhouse gas emissions and that entities receive appropriate credit for early actions to reduce greenhouse gases.
(6) If any revenues that accrue to the state are created by a market system, they must be used to further the state's efforts to achieve the goals established in RCW
70.235.020 (as recodified by this act), address the impacts of global warming on affected habitats, species, and communities, and increase investment in the clean energy economy particularly for communities and workers that have suffered from heavy job losses and chronic unemployment and underemployment.
Sec. 1398. RCW
70.235.020 and 2008 c 14 s 3 are each amended to read as follows:
(1)(a) The state shall limit emissions of greenhouse gases to achieve the following emission reductions for Washington state:
(i) By 2020, reduce overall emissions of greenhouse gases in the state to 1990 levels;
(ii) By 2035, reduce overall emissions of greenhouse gases in the state to twenty-five percent below 1990 levels;
(iii) By 2050, the state will do its part to reach global climate stabilization levels by reducing overall emissions to fifty percent below 1990 levels, or seventy percent below the state's expected emissions that year.
(b) By December 1, 2008, the department shall submit a greenhouse gas reduction plan for review and approval to the legislature, describing those actions necessary to achieve the emission reductions in (a) of this subsection by using existing statutory authority and any additional authority granted by the legislature. Actions taken using existing statutory authority may proceed prior to approval of the greenhouse gas reduction plan.
(c) Except where explicitly stated otherwise, nothing in chapter 14, Laws of 2008 limits any state agency authorities as they existed prior to June 12, 2008.
(d) Consistent with this directive, the department shall take the following actions:
(i) Develop and implement a system for monitoring and reporting emissions of greenhouse gases as required under RCW
70.94.151 (as recodified by this act); and
(ii) Track progress toward meeting the emission reductions established in this subsection, including the results from policies currently in effect that have been previously adopted by the state and policies adopted in the future, and report on that progress.
(2) By December 31st of each even-numbered year beginning in 2010, the department and the department of ((
community, trade, and economic development))
commerce shall report to the governor and the appropriate committees of the senate and house of representatives the total emissions of greenhouse gases for the preceding two years, and totals in each major source sector. The department shall ensure the reporting rules adopted under RCW
70.94.151 (as recodified by this act) allow it to develop a comprehensive inventory of emissions of greenhouse gases from all significant sectors of the Washington economy.
(3) Except for purposes of reporting, emissions of carbon dioxide from industrial combustion of biomass in the form of fuel wood, wood waste, wood by-products, and wood residuals shall not be considered a greenhouse gas as long as the region's silvicultural sequestration capacity is maintained or increased.
Sec. 1399. RCW
70.235.030 and 2008 c 14 s 4 are each amended to read as follows:
(1)(a) The director shall develop, in coordination with the western climate initiative, a design for a regional multisector market-based system to limit and reduce emissions of greenhouse gas consistent with the emission reductions established in RCW
70.235.020(1)
(as recodified by this act).
(b) By December 1, 2008, the director and the director of the department of ((community, trade, and economic development))commerce shall deliver to the legislature specific recommendations for approval and request for authority to implement the preferred design of a regional multisector market-based system in (a) of this subsection. These recommendations must include:
(i) Proposed legislation, necessary funding, and the schedule necessary to implement the preferred design by January 1, 2012;
(ii) Any changes determined necessary to the reporting requirements established under RCW
70.94.151 (as recodified by this act); and
(iii) Actions that the state should take to prevent manipulation of the multisector market-based system designed under this section.
(2) In developing the design for the regional multisector market-based system under subsection (1) of this section, the department shall consult with the affected state agencies, and provide opportunity for public review and comment.
(3) In addition to the information required under subsection (1)(b) of this section, the director and the director of the department of ((community, trade, and economic development))commerce shall submit the following to the legislature by December 1, 2008:
(a) Information on progress to date in achieving the requirements of chapter 14, Laws of 2008;
(b) The final recommendations of the climate advisory team, including recommended most promising actions to reduce emissions of greenhouse gases or otherwise respond to climate change. These recommendations must include strategies to reduce the quantity of emissions of greenhouse gases per distance traveled in the transportation sector;
(c) A request for additional resources and statutory authority needed to limit and reduce emissions of greenhouse gas consistent with chapter 14, Laws of 2008 including implementation of the most promising recommendations of the climate advisory team;
(d) Recommendations on how projects funded by the green energy incentive account in RCW
43.325.040 may be used to expand the electrical transmission infrastructure into urban and rural areas of the state for purposes of allowing the recharging of plug-in hybrid electric vehicles;
(e) Recommendations on how local governments could participate in the multisector market-based system designed under subsection (1) of this section;
(f) Recommendations regarding the circumstances under which generation of electricity or alternative fuel from landfill gas and gas from anaerobic digesters may receive an offset or credit in the regional multisector market-based system or other strategies developed by the department; and
(g) Recommendations developed in consultation with the department of natural resources and the department of agriculture with the climate advisory team, the college of forest resources at the University of Washington, and the Washington State University, and a nonprofit consortium involved in research on renewable industrial materials, regarding how forestry and agricultural lands and practices may participate voluntarily as an offset or other credit program in the regional multisector market-based system. The recommendations must ensure that the baseline for this offset or credit program does not disadvantage this state in relation to another state or states. These recommendations shall address:
(i) Commercial and other working forests, including accounting for site-class specific forest management practices;
(ii) Agricultural and forest products, including accounting for substitution of wood for fossil intensive substitutes;
(iii) Agricultural land and practices;
(iv) Forest and agricultural lands set aside or managed for conservation as of, or after, June 12, 2008; and
(v) Reforestation and afforestation projects.
Sec. 1400. RCW
70.235.040 and 2008 c 14 s 7 are each amended to read as follows:
Within eighteen months of the next and each successive global or national assessment of climate change science, the department shall consult with the climate impacts group at the University of Washington regarding the science on human-caused climate change and provide a report to the legislature summarizing that science and make recommendations regarding whether the greenhouse gas emissions reductions required under RCW
70.235.020 (as recodified by this act) need to be updated.
Sec. 1401. RCW
70.235.050 and 2015 c 225 s 110 are each amended to read as follows:
(1) All state agencies shall meet the statewide greenhouse gas emission limits established in RCW
70.235.020 (as recodified by this act) to achieve the following, using the estimates and strategy established in subsections (2) and (3) of this section:
(a) By July 1, 2020, reduce emissions by fifteen percent from 2005 emission levels;
(b) By 2035, reduce emissions to thirty-six percent below 2005 levels; and
(c) By 2050, reduce emissions to the greater reduction of fifty-seven and one-half percent below 2005 levels, or seventy percent below the expected state government emissions that year.
(2)(a) By June 30, 2010, all state agencies shall report estimates of emissions for 2005 to the department, including 2009 levels of emissions, and projected emissions through 2035.
(b) State agencies required to report under RCW
70.94.151 (as recodified by this act) must estimate emissions from methodologies recommended by the department and must be based on actual operation of those agencies. Agencies not required to report under RCW
70.94.151 (as recodified by this act) shall derive emissions estimates using an emissions calculator provided by the department.
(3) By June 30, 2011, each state agency shall submit to the department a strategy to meet the requirements in subsection (1) of this section. The strategy must address employee travel activities, teleconferencing alternatives, and include existing and proposed actions, a timeline for reductions, and recommendations for budgetary and other incentives to reduce emissions, especially from employee business travel.
(4) By October 1st of each even-numbered year beginning in 2012, each state agency shall report to the department the actions taken to meet the emission reduction targets under the strategy for the preceding fiscal biennium. The department may authorize the department of enterprise services to report on behalf of any state agency having fewer than five hundred full-time equivalent employees at any time during the reporting period. The department shall cooperate with the department of enterprise services and the department of commerce to develop consolidated reporting methodologies that incorporate emission reduction actions taken across all or substantially all state agencies.
(5) All state agencies shall cooperate in providing information to the department, the department of enterprise services, and the department of commerce for the purposes of this section.
(6) The governor shall designate a person as the single point of accountability for all energy and climate change initiatives within state agencies. This position must be funded from current full-time equivalent allocations without increasing budgets or staffing levels. If duties must be shifted within an agency, they must be shifted among current full-time equivalent allocations. All agencies, councils, or work groups with energy or climate change initiatives shall coordinate with this designee.
Sec. 1402. RCW
70.235.060 and 2009 c 519 s 5 are each amended to read as follows:
(1) The department shall develop an emissions calculator to assist state agencies in estimating aggregate emissions as well as in estimating the relative emissions from different ways in carrying out activities.
(2) The department may use data such as totals of building space occupied, energy purchases and generation, motor vehicle fuel purchases and total mileage driven, and other reasonable sources of data to make these estimates. The estimates may be derived from a single methodology using these or other factors, except that for the top ten state agencies in occupied building space and vehicle miles driven, the estimates must be based upon the actual and projected operations of those agencies. The estimates may be adjusted, and reasonable estimates derived, when agencies have been created since 1990 or functions reorganized among state agencies since 1990. The estimates may incorporate projected emissions reductions that also affect state agencies under the program authorized in RCW
70.235.020 (as recodified by this act) and other existing policies that will result in emissions reductions.
(3) By December 31st of each even-numbered year beginning in 2010, the department shall report to the governor and to the appropriate committees of the senate and house of representatives the total state agencies' emissions of greenhouse gases for 2005 and the preceding two years and actions taken to meet the emissions reduction targets.
Sec. 1403. RCW
70.235.070 and 2009 c 519 s 9 are each amended to read as follows:
Beginning in 2010, when distributing capital funds through competitive programs for infrastructure and economic development projects, all state agencies must consider whether the entity receiving the funds has adopted policies to reduce greenhouse gas emissions. Agencies also must consider whether the project is consistent with:
(1) The state's limits on the emissions of greenhouse gases established in RCW
70.235.020 (as recodified by this act);
(2) Statewide goals to reduce annual per capita vehicle miles traveled by 2050, in accordance with RCW
47.01.440, except that the agency shall consider whether project locations in rural counties, as defined in RCW
43.160.020, will maximize the reduction of vehicle miles traveled; and
(3) Applicable federal emissions reduction requirements.
Sec. 1404. RCW
70.235.080 and 2019 c 284 s 3 are each amended to read as follows:
(1) A person may not offer any product or equipment for sale, lease, or rent, or install or otherwise cause any equipment or product to enter into commerce in Washington if that equipment or product consists of, uses, or will use a substitute, as set forth in appendix U and V, Subpart G of 40 C.F.R. Part 82, as those read on January 3, 2017, for the applications or end uses restricted by appendix U or V of the federal regulation, as those read on January 3, 2017, consistent with the deadlines established in subsection (2) of this section. Except where existing equipment is retrofit, nothing in this subsection requires a person that acquired a restricted product or equipment prior to the effective date of the restrictions in subsection (2) of this section to cease use of that product or equipment. Products or equipment manufactured prior to the applicable effective date of the restrictions specified in subsection (2) of this section may be sold, imported, exported, distributed, installed, and used after the specified effective date.
(2) The restrictions under subsection (1) of this section for the following products and equipment identified in appendix U and V, Subpart G of 40 C.F.R. Part 82, as those read on January 3, 2017, take effect beginning:
(a) January 1, 2020, for:
(i) Propellants;
(ii) Rigid polyurethane applications and spray foam, flexible polyurethane, integral skin polyurethane, flexible polyurethane foam, polystyrene extruded sheet, polyolefin, phenolic insulation board, and bunstock;
(iii) Supermarket systems, remote condensing units, stand-alone units, and vending machines;
(b) January 1, 2021, for:
(i) Refrigerated food processing and dispensing equipment;
(ii) Compact residential consumer refrigeration products;
(iii) Polystyrene extruded boardstock and billet, and rigid polyurethane low-pressure two component spray foam;
(c) January 1, 2022, for residential consumer refrigeration products other than compact and built-in residential consumer refrigeration products;
(d) January 1, 2023, for cold storage warehouses;
(e) January 1, 2023, for built-in residential consumer refrigeration products;
(f) January 1, 2024, for centrifugal chillers and positive displacement chillers; and
(g) On either January 1, 2020, or the effective date of the restrictions identified in appendix U and V, Subpart G of 40 C.F.R. Part 82, as those read on January 3, 2017, whichever comes later, for all other applications and end uses for substitutes not covered by the categories listed in (a) through (f) of this subsection.
(3) The department may by rule:
(a) Modify the effective date of a prohibition established in subsection (2) of this section if the department determines that the rule reduces the overall risk to human health or the environment and reflects the earliest date that a substitute is currently or potentially available;
(b) Prohibit the use of a substitute if the department determines that the prohibition reduces the overall risk to human health or the environment and that a lower risk substitute is currently or potentially available;
(c)(i) Adopt a list of approved substitutes, use conditions, or use limits, if any; and
(ii) Add or remove substitutes, use conditions, or use limits to or from the list of approved substitutes if the department determines those substitutes reduce the overall risk to human health and the environment; and
(d) Designate acceptable uses of hydrofluorocarbons for medical uses that are exempt from the requirements of subsection (2) of this section.
(4)(a) Within twelve months of another state's enactment or adoption of restrictions on substitutes applicable to new light duty vehicles, the department may adopt restrictions applicable to the sale, lease, rental, or other introduction into commerce by a manufacturer of new light duty vehicles consistent with the restrictions identified in appendix B, Subpart G of 40 C.F.R. Part 82, as it read on January 3, 2017. The department may not adopt restrictions that take effect prior to the effective date of restrictions adopted or enacted in at least one other state.
(b) If the United States environmental protection agency approves a previously prohibited hydrofluorocarbon blend with a global warming potential of seven hundred fifty or less for foam blowing of polystyrene extruded boardstock and billet and rigid polyurethane low-pressure two-component spray foam pursuant to the significant new alternatives policy program under section 7671(k) of the federal clean air act (42 U.S.C. Sec. 7401 et seq.), the department must expeditiously propose a rule consistent with RCW
34.05.320 to conform the requirements established under this section with that federal action.
(5) A manufacturer must disclose the substitutes used in its products or equipment. That disclosure must take the form of:
(a) A label on the equipment or product. The label must meet requirements designated by the department by rule. To the extent feasible, the department must recognize existing labeling that provides sufficient disclosure of the use of substitutes in the product or equipment.
(i) The department must consider labels required by state building codes and other safety standards in its rule making; and
(ii) The department may not require labeling of aircraft and aircraft components subject to certification requirements of the federal aviation administration.
(b) Submitting information about the use of substitutes to the department, upon request.
(i) By December 31, 2019, all manufacturers must notify the department of the status of each product class utilizing hydrofluorocarbons or other substitutes restricted under subsection (1) of this section that the manufacturer sells, offers for sale, leases, installs, or rents in Washington state. This status notification must identify the substitutes used by products or equipment in each product or equipment class in a manner determined by rule by the department.
(ii) Within one hundred twenty days after the date of a restriction put in place under this section, any manufacturer affected by the restriction must provide an updated status notification. This notification must indicate whether the manufacturer has ceased the use of hydrofluorocarbons or substitutes restricted under this section within each product class and, if not, what hydrofluorocarbons or other restricted substitutes remain in use.
(iii) After the effective date of a restriction put in place under this section, any manufacturer must provide an updated status notification when the manufacturer introduces a new or modified product or piece of equipment that uses hydrofluorocarbons or changes the type of hydrofluorocarbons utilized within a product class affected by a restriction. Such a notification must occur within one hundred twenty days of the introduction into commerce in Washington of the product or equipment triggering this notification requirement.
(6) The department may adopt rules to administer, implement, and enforce this section. If the department elects to adopt rules, the department must seek, where feasible and appropriate, to adopt rules, including rules under subsection (4) of this section, that are the same or consistent with the regulatory standards, exemptions, reporting obligations, disclosure requirements, and other compliance requirements of other states or the federal government that have adopted restrictions on the use of hydrofluorocarbons and other substitutes. Prior to the adoption or update of a rule under this section, the department must identify the sources of information it relied upon, including peer-reviewed science.
(7) For the purposes of implementing the restrictions specified in appendix U of Subpart G of 40 C.F.R. Part 82, as it read on January 3, 2017, consistent with this section, the department must interpret the term "aircraft maintenance" to mean activities to support the production, fabrication, manufacture, rework, inspection, maintenance, overhaul, or repair of commercial, civil, or military aircraft, aircraft parts, aerospace vehicles, or aerospace components.
(8) The authority granted by this section to the department for restricting the use of substitutes is supplementary to the department's authority to control air pollution pursuant to chapter
70.94 RCW
(as recodified by this act). Nothing in this section limits the authority of the department under chapter
70.94 RCW
(as recodified by this act).
(9) Except where existing equipment is retrofit, the restrictions of this section do not apply to or limit any use of commercial refrigeration equipment that was installed or in use prior to the effective date of the restrictions established in this section.
Sec. 1405. RCW
70.240.010 and 2016 c 176 s 1 are each reenacted and amended to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Additive TBBPA" means the chemical tetrabromobisphenol A, chemical abstracts service number 79-94-7, as of June 9, 2016, in a form that has not undergone a reactive process and is not covalently bonded to a polymer in a product or product component.
(2) "Children's cosmetics" means cosmetics that are made for, marketed for use by, or marketed to children under the age of twelve. "Children's cosmetics" includes cosmetics that meet any of the following conditions:
(a) Represented in its packaging, display, or advertising as appropriate for use by children;
(b) Sold in conjunction with, attached to, or packaged together with other products that are packaged, displayed, or advertised as appropriate for use by children; or
(c) Sold in any of the following:
(i) Retail store, catalogue, or online web site, in which a person exclusively offers for sale products that are packaged, displayed, or advertised as appropriate for use by children; or
(ii) A discrete portion of a retail store, catalogue, or online web site, in which a person offers for sale products that are packaged, displayed, or advertised as appropriate for use by children.
(3) "Children's jewelry" means jewelry that is made for, marketed for use by, or marketed to children under the age of twelve. "Children's jewelry" includes jewelry that meets any of the following conditions:
(a) Represented in its packaging, display, or advertising as appropriate for use by children under the age of twelve;
(b) Sold in conjunction with, attached to, or packaged together with other products that are packaged, displayed, or advertised as appropriate for use by children;
(c) Sized for children and not intended for use by adults; or
(d) Sold in any of the following:
(i) A vending machine;
(ii) Retail store, catalogue, or online web site, in which a person exclusively offers for sale products that are packaged, displayed, or advertised as appropriate for use by children; or
(iii) A discrete portion of a retail store, catalogue, or online web site, in which a person offers for sale products that are packaged, displayed, or advertised as appropriate for use by children.
(4)(a) "Children's product" includes any of the following:
(i) Toys;
(ii) Children's cosmetics;
(iii) Children's jewelry;
(iv) A product designed or intended by the manufacturer to help a child with sucking or teething, to facilitate sleep, relaxation, or the feeding of a child, or to be worn as clothing by children; or
(v) Portable infant or child safety seat designed to attach to an automobile seat.
(b) "Children's product" does not include the following:
(i) Batteries;
(ii) Slings and catapults;
(iii) Sets of darts with metallic points;
(iv) Toy steam engines;
(v) Bicycles and tricycles;
(vi) Video toys that can be connected to a video screen and are operated at a nominal voltage exceeding twenty-four volts;
(vii) Chemistry sets;
(viii) Consumer and children's electronic products, including but not limited to personal computers, audio and video equipment, calculators, wireless phones, game consoles, and handheld devices incorporating a video screen, used to access interactive software and their associated peripherals;
(ix) Interactive software, intended for leisure and entertainment, such as computer games, and their storage media, such as compact disks;
(x) BB guns, pellet guns, and air rifles;
(xi) Snow sporting equipment, including skis, poles, boots, snow boards, sleds, and bindings;
(xii) Sporting equipment, including, but not limited to bats, balls, gloves, sticks, pucks, and pads;
(xiii) Roller skates;
(xiv) Scooters;
(xv) Model rockets;
(xvi) Athletic shoes with cleats or spikes; and
(xvii) Pocket knives and multitools.
(5) "Cosmetics" includes articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance, and articles intended for use as a component of such an article. "Cosmetics" does not include soap, dietary supplements, or food and drugs approved by the United States food and drug administration.
(6) "Decabromodiphenyl ether" means the chemical decabromodiphenyl ether, chemical abstracts service number 1163-19-5, as of June 9, 2016.
(7) "Department" means the department of ecology.
(8) "HBCD" means the chemical hexabromocyclododecane, chemical abstracts service number 25637-99-4, as of June 9, 2016.
(9) "High priority chemical" means a chemical identified by a state agency, federal agency, or accredited research university, or other scientific evidence deemed authoritative by the department on the basis of credible scientific evidence as known to do one or more of the following:
(a) Harm the normal development of a fetus or child or cause other developmental toxicity;
(b) Cause cancer, genetic damage, or reproductive harm;
(c) Disrupt the endocrine system;
(d) Damage the nervous system, immune system, or organs or cause other systemic toxicity;
(e) Be persistent, bioaccumulative, and toxic; or
(f) Be very persistent and very bioaccumulative.
(10) "IPTPP" means the chemical isopropylated triphenyl phosphate, chemical abstracts service number 68937-41-7, as of June 9, 2016.
(11) "Manufacturer" includes any person, firm, association, partnership, corporation, governmental entity, organization, or joint venture that produces residential upholstered furniture as defined in RCW
70.76.010 (as recodified by this act) or children's product or an importer or domestic distributor of residential upholstered furniture as defined in RCW
70.76.010 (as recodified by this act) or children's product. For the purposes of this subsection, "importer" means the owner of the residential upholstered furniture as defined in RCW
70.76.010 (as recodified by this act) or children's product.
(12) "Phthalates" means di-(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), benzyl butyl phthalate (BBP), diisonoyl phthalate (DINP), diisodecyl phthalate (DIDP), or di-n-octyl phthalate (DnOP).
(13) "TBB" means the chemical (2-ethylhexyl)-2,3,4,5-tetrabromobenzoate, chemical abstracts service number 183658-27-7, as of June 9, 2016.
(14) "TBPH" means the chemical bis (2-ethylhexyl)-2,3,4,5-tetrabromophthalate, chemical abstracts service number 26040-51-7, as of June 9, 2016.
(15) "TCEP" means the chemical (tris(2-chloroethyl)phosphate); chemical abstracts service number 115-96-8, as of June 9, 2016.
(16) "TCPP" means the chemical tris (1-chloro-2-propyl) phosphate); chemical abstracts service number 13674-84-5, as of June 9, 2016.
(17) "TDCPP" means the chemical (tris(1,3-dichloro-2- propyl)phosphate); chemical abstracts service number 13674-87-8, as of June 9, 2016.
(18) "Toy" means a product designed or intended by the manufacturer to be used by a child at play.
(19) "TPP" means the chemical triphenyl phosphate, chemical abstracts service number 115-86-6, as of June 9, 2016.
(20) "Trade association" means a membership organization of persons engaging in a similar or related line of commerce, organized to promote and improve business conditions in that line of commerce and not to engage in a regular business of a kind ordinarily carried on for profit.
(21) "V6" means the chemical bis(chloromethyl) propane-1,3-diyltetrakis (2-chloroethyl) bisphosphate, chemical abstracts service number 385051-10-4, as of June 9, 2016.
(22) "Very bioaccumulative" means having a bioconcentration factor or bioaccumulation factor greater than or equal to five thousand, or if neither are available, having a log Kow greater than 5.0.
(23) "Very persistent" means having a half-life greater than or equal to one of the following:
(a) A half-life in soil or sediment of greater than one hundred eighty days;
(b) A half-life greater than or equal to sixty days in water or evidence of long-range transport.
Sec. 1406. RCW
70.240.025 and 2016 c 176 s 2 are each amended to read as follows:
Beginning July 1, 2017, no manufacturer, wholesaler, or retailer may manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in this state children's products or residential upholstered furniture, as defined in RCW
70.76.010 (as recodified by this act), containing any of the following flame retardants in amounts greater than one thousand parts per million in any product component:
(1) TDCPP;
(2) TCEP;
(3) Decabromodiphenyl ether;
(4) HBCD; or
(5) Additive TBBPA.
Sec. 1407. RCW
70.240.035 and 2016 c 176 s 3 are each amended to read as follows:
(1) The department shall consider whether the following flame retardants meet the criteria of a chemical of high concern for children:
(a) IPTPP;
(b) TBB;
(c) TBPH;
(d) TCPP;
(e) TPP;
(f) V6.
(2)(a) Within one year of the department adopting a rule that identifies a flame retardant in subsection (1) of this section as a chemical of high concern for children, the department of health, in consultation with the department, must create a stakeholder advisory committee for each flame retardant chemical to provide stakeholder input, expertise, and additional information in the development of recommendations as provided under subsection (4) of this section. All advisory committee meetings must be open to the public.
(b) The advisory committee membership must include, but is not limited to, representatives from: Large and small business sectors; community, environmental, and public health advocacy groups; local governments; affected and interested businesses; and public health agencies.
(c) The department may request state agencies and technical experts to participate. The department of health shall provide technical expertise on human health impacts including: Early childhood and fetal exposure, exposure reduction, and safer substitutes.
(3) When developing policy options and recommendations consistent with subsection (4) of this section, the department must rely on credible scientific evidence and consider information relevant to the hazards based on the quantitative extent of exposures to the chemical under its intended or reasonably anticipated conditions of use. The department of health, in consultation with the department, must include the following:
(a) Chemical name, properties, uses, and manufacturers;
(b) An analysis of available information on the production, unintentional production, uses, and disposal of the chemical;
(c) Quantitative estimates of the potential human and environmental exposures associated with the use and release of the chemical;
(d) An assessment of the potential impacts on human health and the environment resulting from the quantitative exposure estimates referred to in (c) of this subsection;
(e) An evaluation of:
(i) Environmental and human health benefits;
(ii) Economic and social impacts;
(iii) Feasibility;
(iv) Availability and effectiveness of safer substitutes for uses of the chemical;
(v) Consistency with existing federal and state regulatory requirements; and
(f) Recommendations for:
(i) Managing, reducing, and phasing out the different uses and releases of the chemical;
(ii) Minimizing exposure to the chemical;
(iii) Using safer substitutes; and
(iv) Encouraging the development of safer alternatives.
(4)(a) The department of health must submit to the legislature recommendations on policy options for reducing exposure, designating and developing safer substitutes, and restricting or prohibiting the use of the flame retardant chemicals identified in subsection (1) of this section as a chemical of high concern for children.
(b) When the department of health, in consultation with the department, determines that flame retardant chemicals identified in subsection (1) of this section as a chemical of high concern for children should be restricted or prohibited from use in children's products, residential upholstered furniture as defined in RCW
70.76.010 (as recodified by this act), or other commercial products or processes, the department of health must include citations of the peer-reviewed science and other sources of information reviewed and ultimately relied upon in support of the recommendation to restrict or prohibit the chemical.
Sec. 1408. RCW
70.240.040 and 2019 c 292 s 9 are each amended to read as follows:
A manufacturer of a children's product or a consumer product containing a priority chemical subject to a rule adopted to implement a determination made consistent with RCW
70.365.040(1)(b)
(as recodified by this act), or a trade organization on behalf of its member manufacturers, shall provide notice to the department that the manufacturer's product contains a high priority chemical or a priority chemical identified under chapter
70.365 RCW
(as recodified by this act). The notice must be filed annually with the department and must include the following information:
(1) The name of the chemical used or produced and its chemical abstracts service registry number;
(2) A brief description of the product or product component containing the substance;
(3) A description of the function of the chemical in the product;
(4) The amount of the chemical used in each unit of the product or product component. The amount may be reported in ranges, rather than the exact amount;
(5) The name and address of the manufacturer and the name, address, and phone number of a contact person for the manufacturer; and
(6) Any other information the manufacturer deems relevant to the appropriate use of the product.
Sec. 1409. RCW
70.240.050 and 2019 c 422 s 407 are each amended to read as follows:
(1) A manufacturer of products that are restricted under this chapter must notify persons that sell the manufacturer's products in this state about the provisions of this chapter no less than ninety days prior to the effective date of the restrictions.
(2) A manufacturer that produces, sells, or distributes a product prohibited from manufacture, sale, or distribution in this state under this chapter must recall the product and reimburse the retailer or any other purchaser for the product.
(3) A manufacturer of products in violation of this chapter is subject to a civil penalty not to exceed five thousand dollars for each violation in the case of a first offense. Manufacturers who are repeat violators are subject to a civil penalty not to exceed ten thousand dollars for each repeat offense. Penalties collected under this section must be deposited in the model toxics control operating account created in RCW
70.105D.190 (as recodified by this act).
(4) Retailers who unknowingly sell products that are restricted from sale under this chapter are not liable under this chapter.
(5) The sale or purchase of any previously owned products containing a chemical restricted under this chapter made in casual or isolated sales as defined in RCW
82.04.040, or by a nonprofit organization, is exempt from this chapter.
Sec. 1410. RCW
70.260.010 and 2009 c 379 s 101 are each amended to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Customers" means residents, businesses, and building owners.
(2) "Direct outreach" means:
(a) The use of door-to-door contact, community events, and other methods of direct interaction with customers to inform them of energy efficiency and weatherization opportunities; and
(b) The performance of energy audits.
(3) "Energy audit" means an assessment of building energy efficiency opportunities, from measures that require very little investment and without any disruption to building operation, normally involving general building operational measures, to low or relatively higher cost investment, such as installing timers to turn off equipment, replacing light bulbs, installing insulation, replacing equipment and appliances with higher efficiency equipment and appliances, and similar measures. The term includes an assessment of alternatives for generation of heat and power from renewable energy resources, including installation of solar water heating and equipment for photovoltaic electricity generation.
(4) "Energy efficiency and conservation block grant program" means the federal program created under the energy independence and security act of 2007 (P.L. 110-140).
(5) "Energy efficiency services" means energy audits, weatherization, energy efficiency retrofits, energy management systems as defined in RCW
39.35.030, and other activities to reduce a customer's energy consumption, and includes assistance with paperwork, arranging for financing, program design and development, and other postenergy audit assistance and education to help customers meet their energy savings goals.
(6) "Low-income individual" means an individual whose annual household income does not exceed eighty percent of the area median income for the metropolitan, micropolitan, or combined statistical area in which that individual resides as determined annually by the United States department of housing and urban development.
(7) "Sponsor" means any entity or group of entities that submits a proposal under RCW
70.260.020 (as recodified by this act), including but not limited to any nongovernmental nonprofit organization, local community action agency, tribal nation, community service agency, public service company, county, municipality, publicly owned electric, or natural gas utility.
(8) "Sponsor match" means the share, if any, of the cost of efficiency improvements to be paid by the sponsor.
(9) "Weatherization" means making energy and resource conservation and energy efficiency improvements.
Sec. 1411. RCW
70.270.030 and 2009 c 243 s 3 are each amended to read as follows:
(1) On and after January 1, 2011, a person who replaces or balances motor vehicle tires must replace lead wheel weights with environmentally preferred wheel weights on all vehicles when they replace or balance tires in Washington. However, the person may use alternatives to lead wheel weights that are determined by the department to not qualify as environmentally preferred wheel weights for up to two years following the date of that determination, but must thereafter use environmentally preferred wheel weights.
(2) A person who is subject to the requirement in subsection (1) of this section must recycle the lead wheel weights that they remove.
(3) A person who fails to comply with subsection (1) of this section is subject to penalties prescribed in RCW
70.270.050 (as recodified by this act). A violation of subsection (1) of this section occurs with respect to each vehicle for which lead wheel weights are not replaced in compliance with subsection (1) of this section.
(4) An owner of a vehicle is not subject to any requirement in this section.
Sec. 1412. RCW
70.270.040 and 2009 c 243 s 4 are each amended to read as follows:
(1) The department shall achieve compliance with RCW
70.270.030 through the enforcement sequence specified in this section.
(2) To provide assistance in identifying environmentally preferred wheel weights, the department shall, by October 1, 2010, prepare and distribute information regarding this chapter to the maximum extent practicable to:
(a) Persons that replace or balance motor vehicle tires in Washington; and
(b) Persons generally in the motor vehicle tire and wheel weight manufacturing, distribution, wholesale, and retail industries.
(3) The department shall issue a warning letter to a person who fails to comply with RCW
70.270.030 (as recodified by this act) and offer information or other appropriate assistance. If the person does not comply with RCW
70.270.030(1)
(as recodified by this act) within one year of the department's issuance of the warning letter, the department may assess civil penalties under RCW
70.270.050 (as recodified by this act).
Sec. 1413. RCW
70.270.050 and 2019 c 422 s 408 are each amended to read as follows:
(1) An initial violation of RCW
70.270.030(1)
(as recodified by this act) is punishable by a civil penalty not to exceed five hundred dollars. Subsequent violations of RCW
70.270.030(1)
(as recodified by this act) are punishable by civil penalties not to exceed one thousand dollars for each violation.
(2) Penalties collected under this section must be deposited in the model toxics control operating account created in RCW
70.105D.190 (as recodified by this act).
Sec. 1414. RCW
70.275.020 and 2014 c 119 s 2 are each reenacted and amended to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Brand" means a name, symbol, word, or mark that identifies a product, rather than its components, and attributes the product to the owner of the brand as the producer.
(2) "Collection" or "collect" means, except for persons involved in mail-back programs:
(a) The activity of accumulating any amount of mercury-containing lights at a location other than the location where the lights are used by covered entities, and includes curbside collection activities, household hazardous waste facilities, and other registered drop-off locations; and
(b) The activity of transporting mercury-containing lights in the state, where the transporter is not a generator of unwanted mercury-containing lights, to a location for purposes of accumulation.
(3) "Covered entities" means:
(a) A household generator or other person who purchases mercury-containing lights at retail and delivers no more than ten mercury-containing lights to registered collectors for a product stewardship program on any given day; and
(b) A household generator or other person who purchases mercury-containing lights at retail and utilizes a registered residential curbside collection program or a mail-back program for collection of mercury-containing lights and discards no more than fifteen mercury-containing lights into those programs on any given day.
(4) "Department" means the department of ecology.
(5) "Environmental handling charge" or "charge" means the charge approved by the department to be applied to each mercury-containing light to be sold at retail in or into Washington state. The environmental handling charge must cover all administrative and operational costs associated with the product stewardship program, including the fee for the department's administration and enforcement.
(6) "Final disposition" means the point beyond which no further processing takes place and materials from mercury-containing lights have been transformed for direct use as a feedstock in producing new products, or disposed of or managed in permitted facilities.
(7) "Hazardous substances" or "hazardous materials" means those substances or materials identified by rules adopted under chapter
70.105 RCW
(as recodified by this act).
(8) "Mail-back program" means the use of a prepaid postage container with mercury vapor barrier packaging that is used for the collection and recycling of mercury-containing lights from covered entities as part of a product stewardship program and is transported by the United States postal service or a common carrier.
(9) "Mercury-containing lights" means lamps, bulbs, tubes, or other devices that contain mercury and provide functional illumination in homes, businesses, and outdoor stationary fixtures.
(10) "Mercury vapor barrier packaging" means sealable containers that are specifically designed for the storage, handling, and transport of mercury-containing lights in order to prevent the escape of mercury into the environment by volatilization or any other means, and that meet the requirements for transporting by the United States postal service or a common carrier.
(11) "Orphan product" means a mercury-containing light that lacks a producer's brand, or for which the producer is no longer in business and has no successor in interest, or that bears a brand for which the department cannot identify an owner.
(12) "Person" means a sole proprietorship, partnership, corporation, nonprofit corporation or organization, limited liability company, firm, association, cooperative, or other legal entity located within or outside Washington state.
(13) "Processing" means recovering materials from unwanted products for use as feedstock in new products. Processing must occur at permitted facilities.
(14) "Producer" means a person that:
(a) Has or had legal ownership of the brand, brand name, or cobrand of a mercury-containing light sold in or into Washington state, unless the brand owner is a retailer whose mercury-containing light was supplied by another producer participating in a stewardship program under this chapter;
(b) Imports or has imported mercury-containing lights branded by a producer that meets the requirements of (a) of this subsection and where that producer has no physical presence in the United States;
(c) If (a) and (b) of this subsection do not apply, makes or made a mercury-containing light that is sold or has been sold in or into Washington state; or
(d)(i) Sells or sold at wholesale or retail a mercury-containing light; (ii) does not have legal ownership of the brand; and (iii) elects to fulfill the responsibilities of the producer for that product.
(15) "Product stewardship" means a requirement for a producer of mercury-containing lights to manage and reduce adverse safety, health, and environmental impacts of the product throughout its life cycle, including financing and providing for the collection, transporting, reusing, recycling, processing, and final disposition of their products.
(16) "Product stewardship plan" or "plan" means a detailed plan describing the manner in which a product stewardship program will be implemented.
(17) "Product stewardship program" or "program" means the methods, systems, and services financed in the manner provided for under RCW
70.275.050 (as recodified by this act) and provided by producers of mercury-containing lights generated by covered entities that addresses product stewardship and includes arranging for the collection, transportation, recycling, processing, and final disposition of unwanted mercury-containing lights, including orphan products.
(18) "Recovery" means the collection and transportation of unwanted mercury-containing lights under this chapter.
(19)(a) "Recycling" means transforming or remanufacturing unwanted products into usable or marketable materials for use other than landfill disposal or incineration.
(b) "Recycling" does not include energy recovery or energy generation by means of combusting unwanted products with or without other waste.
(20) "Reporting period" means the period commencing January 1st and ending December 31st in the same calendar year.
(21) "Residuals" means nonrecyclable materials left over from processing an unwanted product.
(22) "Retailer" means a person who offers mercury-containing lights for sale at retail through any means including, but not limited to, remote offerings such as sales outlets, catalogs, or the internet, but does not include a sale that is a wholesale transaction with a distributor or a retailer.
(23)(a) "Reuse" means a change in ownership of a mercury-containing light or its components, parts, packaging, or shipping materials for use in the same manner and purpose for which it was originally purchased, or for use again, as in shipping materials, by the generator of the shipping materials.
(b) "Reuse" does not include dismantling of products for the purpose of recycling.
(24) "Stakeholder" means a person who may have an interest in or be affected by a product stewardship program.
(25) "Stewardship organization" means an organization designated by a producer or group of producers to act as an agent on behalf of each producer to operate a product stewardship program.
(26) "Unwanted product" means a mercury-containing light no longer wanted by its owner or that has been abandoned, discarded, or is intended to be discarded by its owner.
Sec. 1415. RCW
70.275.030 and 2014 c 119 s 3 are each amended to read as follows:
(1) Every producer of mercury-containing lights sold in or into Washington state for retail sale in Washington state must participate in a product stewardship program for those products, operated by a stewardship organization and financed in the manner provided by RCW
70.275.050 (as recodified by this act). Every such producer must inform the department of the producer's participation in a product stewardship program by including the producer's name in a plan submitted to the department by a stewardship organization as required by RCW
70.275.040 (as recodified by this act). Producers must satisfy these participation obligations individually or may do so jointly with other producers.
(2) A stewardship organization operating a product stewardship program must pay all administrative and operational costs associated with its program with revenues received from the environmental handling charge described in RCW
70.275.050 (as recodified by this act). The stewardship organization's administrative and operational costs are not required to include a collection location's cost of receiving, accumulating and storing, and packaging mercury-containing lights. However, a stewardship organization may offer incentives or payments to collectors. The stewardship organization's administrative and operational costs do not include the collection costs associated with curbside and mail-back collection programs. The stewardship organization must arrange for collection service at locations described in subsection (4) of this section, which may include household hazardous waste facilities, charities, retailers, government recycling sites, or other suitable private locations. No such entity is required to provide collection services at their location. For curbside and mail-back programs, a stewardship organization must pay the costs of transporting mercury-containing lights from accumulation points and for processing mercury-containing lights collected by curbside and mail-back programs. For collection locations, including household hazardous waste facilities, charities, retailers, government recycling sites, or other suitable private locations, a stewardship organization must pay the costs of packaging and shipping materials as required under RCW
70.275.070 (as recodified by this act) or must compensate collectors for the costs of those materials, and must pay the costs of transportation and processing of mercury-containing lights collected from the collection locations.
(3) Product stewardship programs shall collect unwanted mercury-containing lights delivered from covered entities for recycling, processing, or final disposition, and not charge a fee when lights are dropped off or delivered into the program.
(4) Product stewardship programs shall provide, at a minimum, no cost services in all cities in the state with populations greater than ten thousand and all counties of the state on an ongoing, year-round basis.
(5) Product stewardship programs shall promote the safe handling and recycling of mercury-containing lights to the public, including producing and offering point-of-sale educational materials to retailers of mercury-containing lights and point-of-return educational materials to collection locations.
(6) All product stewardship programs operated under approved plans must recover their fair share of unwanted covered products as determined by the department.
(7) The department or its designee may inspect, audit, or review audits of processing and disposal facilities used to fulfill the requirements of a product stewardship program.
(8) No product stewardship program required under this chapter may use federal or state prison labor for processing unwanted products.
(9) Product stewardship programs for mercury-containing lights must be fully implemented by January 1, 2015.
Sec. 1416. RCW
70.275.040 and 2017 c 254 s 2 are each amended to read as follows:
(1) On June 1st of the year prior to implementation, each producer must ensure that a stewardship organization submits a proposed product stewardship plan on the producer's behalf to the department for approval. Plans approved by the department must be implemented by January 1st of the following calendar year.
(2) The department shall establish rules for plan content. Plans must include but are not limited to:
(a) All necessary information to inform the department about the plan operator and participating producers and their brands;
(b) The management and organization of the product stewardship program that will oversee the collection, transportation, and processing services;
(c) The identity of collection, transportation, and processing service providers, including a description of the consideration given to existing residential curbside collection infrastructure and mail-back systems as an appropriate collection mechanism;
(d) How the product stewardship program will seek to use businesses within the state, including transportation services, retailers, collection sites and services, existing curbside collection services, existing mail-back services, and processing facilities;
(e) A description of how the public will be informed about the product stewardship program, including how consumers will be provided with information describing collection opportunities for unwanted mercury-containing lights from covered entities and safe handling of mercury-containing lights, waste prevention, and recycling. The description must also include information to make consumers aware that an environmental handling charge has been added to the purchase price of mercury-containing lights sold at retail to fund the mercury-containing light stewardship programs in the state. The environmental handling charge may not be described as a department recycling fee or charge at the point of retail sale;
(f) A description of the financing system required under RCW
70.275.050 (as recodified by this act);
(g) How mercury and other hazardous substances will be handled for collection through final disposition;
(h) A public review and comment process; and
(i) Any other information deemed necessary by the department to ensure an effective mercury light product stewardship program that is in compliance with all applicable laws and rules.
(3) All plans submitted to the department must be made available for public review on the department's web site and at the department's headquarters.
(4) At least two years from the start of the product stewardship program and once every four years thereafter, each stewardship organization operating a product stewardship program must update its product stewardship plan and submit the updated plan to the department for review and approval according to rules adopted by the department.
(5) By June 1, 2016, and each June 1st thereafter, each stewardship organization must submit an annual report to the department describing the results of implementing the stewardship organization's plan for the prior calendar year, including an independent financial audit once every two years. The department may adopt rules for reporting requirements. Financial information included in the annual report must include but is not limited to:
(a) The amount of the environmental handling charge assessed on mercury-containing lights and the revenue generated;
(b) Identification of confidential information pursuant to RCW
43.21A.160 submitted in the annual report; and
(c) The cost of the mercury-containing lights product stewardship program, including line item costs for:
(i) Program operations;
(ii) Communications, including media, printing and fulfillment, public relations, and other education and outreach projects;
(iii) Administration, including administrative personnel costs, travel, compliance and auditing, legal services, banking services, insurance, and other administrative services and supplies, and stewardship organization corporate expenses; and
(iv) Amount of unallocated reserve funds.
(6) Beginning in 2023 every stewardship organization must include in its annual report an analysis of the percent of total sales of lights sold at retail to covered entities in Washington that mercury-containing lights constitute, the estimated number of mercury-containing lights in use by covered entities in the state, and the projected number of unwanted mercury-containing lights to be recycled in future years.
(7) All plans and reports submitted to the department must be made available for public review, excluding sections determined to be confidential pursuant to RCW
43.21A.160, on the department's web site and at the department's headquarters.
Sec. 1417. RCW
70.275.050 and 2017 c 254 s 1 are each amended to read as follows:
(1) Each stewardship organization must recommend to the department an environmental handling charge to be added to the price of each mercury-containing light sold in or into the state of Washington for sale at retail. The environmental handling charge must be designed to provide revenue necessary and sufficient to cover all administrative and operational costs associated with the stewardship program described in the department-approved product stewardship plan for that organization, including the department's annual fee required by subsection (5) of this section, and a prudent reserve. The stewardship organization must consult with collectors, retailers, recyclers, and each of its participating producers in developing its recommended environmental handling charge. The environmental handling charge may, but is not required to, vary by the type of mercury-containing light. In developing its recommended environmental handling charge, the stewardship organization must take into consideration and report to the department:
(a) The anticipated number of mercury-containing lights that will be sold to covered entities in the state at retail during the relevant period;
(b) The number of unwanted mercury-containing lights delivered from covered entities expected to be recycled during the relevant period;
(c) The operational costs of the stewardship organization as described in RCW
70.275.030(2)
(as recodified by this act);
(d) The administrative costs of the stewardship organization including the department's annual fee, described in subsection (5) of this section; and
(e) The cost of other stewardship program elements including public outreach.
(2) The department must review, adjust if necessary, and approve the stewardship organization's recommended environmental handling charge within sixty days of submittal. In making its determination, the department shall review the product stewardship plan and may consult with the producers, the stewardship organization, retailers, collectors, recyclers, and other entities.
(3) No sooner than January 1, 2015:
(a) The mercury-containing light environmental handling charge must be added to the purchase price of all mercury-containing lights sold to Washington retailers for sale at retail, and each Washington retailer shall add the charge to the purchase price of all mercury-containing lights sold at retail in this state, and the producer shall remit the environmental handling charge to the stewardship organization in the manner provided for in the stewardship plan; or
(b) Each Washington retailer must add the mercury-containing light environmental handling charge to the purchase price of all mercury-containing lights sold at retail in this state, where the retailer, by voluntary binding agreement with the producer, arranges to remit the environmental handling charge to the stewardship organization on behalf of the producer in the manner provided for in the stewardship plan. Producers may not require retailers to opt for this provision via contract, marketing practice, or any other means. The stewardship organization must allow retailers to retain a portion of the environmental handling charge as reimbursement for any costs associated with the collection and remittance of the charge.
(4) At any time, a stewardship organization may submit to the department a recommendation for an adjusted environmental handling charge for the department's review, adjustment, if necessary, and approval under subsection (2) of this section to ensure that there is sufficient revenue to fund the cost of the program, current deficits, or projected needed reserves for the next year. The department must review the stewardship organization's recommended environmental handling charge and must adjust or approve the recommended charge within thirty days of submittal if the department determines that the charge is reasonably designed to meet the criteria described in subsection (1) of this section.
(5) Beginning March 1, 2015, and each year thereafter, each stewardship organization shall pay to the department an annual fee equivalent to three thousand dollars for each participating producer to cover the department's administrative and enforcement costs. The amount paid under this section must be deposited into the product stewardship programs account created in RCW
70.275.130 (as recodified by this act).
Sec. 1418. RCW
70.275.160 and 2010 c 130 s 16 are each amended to read as follows:
Nothing in this chapter changes the requirements of any entity regulated under chapter
70.105 RCW
(as recodified by this act) to comply with the requirements under that chapter.
Sec. 1419. RCW
70.280.040 and 2010 c 140 s 4 are each amended to read as follows:
(1) A manufacturer, wholesaler, or retailer that ((manufacturers [manufactures]))manufactures, knowingly sells, or distributes products in violation of this chapter is subject to a civil penalty not to exceed five thousand dollars for each violation in the case of a first offense. Manufacturers, wholesalers, or retailers who are repeat violators are subject to a civil penalty not to exceed ten thousand dollars for each repeat offense. Penalties collected under this section must be deposited in the ((state))model toxics control operating account created in RCW ((70.105D.070))70.105D.190 (as recodified by this act).
(2) Retailers who unknowingly sell products that are restricted from sale under this chapter are not subject to the civil penalties under this chapter.
Sec. 1420. RCW
70.280.050 and 2019 c 422 s 410 are each amended to read as follows:
Expenses to cover the cost of administering this chapter must be paid from the model toxics control operating account under RCW
70.105D.190 (as recodified by this act).
Sec. 1421. RCW
70.285.020 and 2011 c 171 s 111 are each amended to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Accredited laboratory" means a laboratory that is:
(a) Qualified and equipped for testing of products, materials, equipment, and installations in accordance with national or international standards; and
(b) Accredited by a third-party organization approved by the department to accredit laboratories for purposes of this chapter.
(2) "Alternative brake friction material" means brake friction material that:
(a) Does not contain:
(i) More than 0.5 percent copper or its compounds by weight;
(ii) The constituents identified in RCW
70.285.030 (as recodified by this act) at or above the concentrations specified; and
(iii) Other materials determined by the department to be more harmful to human health or the environment than existing brake friction material;
(b) Enables motor vehicle brakes to meet applicable federal safety standards, or if no federal safety standard exists, a widely accepted industry standard;
(c) Is available at a cost and quantity that does not cause significant financial hardship across the majority of brake friction material and vehicle manufacturing industries; and
(d) Is available to enable brake friction material and vehicle manufacturers to produce viable products meeting consumer expectations regarding braking noise, shuddering, and durability.
(3) "Brake friction material" means that part of a motor vehicle brake designed to retard or stop the movement of a motor vehicle through friction against a rotor made of more durable material.
(4) "Committee" means the brake friction material advisory committee.
(5) "Department" means the department of ecology.
(6)(a) "Motor vehicle" has the same meaning as defined in RCW
46.04.320 that are subject to registration requirements under RCW ((
46.16A.030))
46.16A.080.
(b) "Motor vehicle" does not include:
(ii) Motor vehicles employing internal closed oil immersed motor vehicle brakes or similar brake systems that are fully contained and emit no debris or fluid under normal operating conditions;
(iii) Military combat vehicles;
(iv) Race cars, dual-sport vehicles, or track day vehicles, whose primary use is for off-road purposes and are permitted under RCW
46.16A.320; or
(v) Collector vehicles, as defined in RCW
46.04.126.
(7)(a) "Motor vehicle brake" means an energy conversion mechanism used to retard or stop the movement of a motor vehicle.
(b) "Motor vehicle brake" does not include brakes designed primarily to hold motor vehicles stationary and not for use while motor vehicles are in motion.
(8) "Original equipment service" means brake friction material provided as service parts originally designed for and using the same brake friction material formulation sold with a new motor vehicle.
(9) "Small volume motor vehicle manufacturer" means a manufacturer of motor vehicles with Washington annual sales of less than one thousand new passenger cars, light-duty trucks, medium-duty vehicles, heavy-duty vehicles, and heavy-duty engines based on the average number of vehicles sold for the three previous consecutive model years.
Sec. 1422. RCW
70.285.040 and 2010 c 147 s 4 are each amended to read as follows:
(1) By December 1, 2015, the department shall review risk assessments, scientific studies, and other relevant analyses regarding alternative brake friction material and determine whether the material may be available. The department shall consider any new science with regard to the bioavailability and toxicity of copper.
(2) If the department finds that alternative brake friction material may be available, it shall convene a brake friction material advisory committee. The committee shall include, but is not limited to:
(a) A representative of the department, who will chair the committee;
(b) The chief of the Washington state patrol, or the chief's designee;
(c) A representative of manufacturers of brake friction material;
(d) A representative of manufacturers of motor vehicles;
(e) A representative of a nongovernmental organization concerned with motor vehicle safety;
(f) A representative of the national highway traffic safety administration; and
(g) A representative of a nongovernmental organization concerned with the environment.
(3) If convened pursuant to subsection (2) of this section, the committee shall separately assess alternative brake friction material for passenger vehicles, light-duty vehicles, and heavy-duty vehicles. The committee shall make different recommendations to the department as to whether alternative brake friction material is available or unavailable for passenger vehicles, light-duty vehicles, and heavy-duty vehicles. For purposes of this section, "heavy-duty vehicle" means a vehicle used for commercial purposes with a gross vehicle weight rating above twenty-six thousand pounds. The committee shall also consider appropriate exemptions including original equipment service and brake friction material manufactured prior to the dates specified in RCW
70.285.050 (as recodified by this act). The department shall consider the committee's recommendations and make a finding as to whether alternative brake friction material is available or unavailable.
(4) If, pursuant to subsection (3) of this section, the department finds that alternative brake friction material:
(a) Is available, it shall comply with RCW
70.285.050 (as recodified by this act);
(b) Is not available, it shall periodically evaluate the finding and, if it determines that alternative brake friction material may be available, comply with subsections (2) and (3) of this section. If the department finds that alternative brake friction material is available, it shall comply with RCW
70.285.050 (as recodified by this act).
Sec. 1423. RCW
70.285.050 and 2017 c 204 s 2 are each amended to read as follows:
If, pursuant to RCW
70.285.040 (as recodified by this act), the department finds that alternative brake friction material is available:
(1)(a) By December 31st of the year in which the finding is made, the department shall publish the information required by RCW
70.285.040 (as recodified by this act) in the Washington State Register and present it in a report to the appropriate committees of the legislature; and
(b) The report must include recommendations for exemptions on original equipment service and brake friction material manufactured prior to dates specified in this section and may include recommendations for other exemptions.
(2) Beginning January 1, 2025, and consistent with RCW
70.285.030(3)
(as recodified by this act), no manufacturer, wholesaler, retailer, or distributor may sell or offer for sale brake friction material in Washington state containing more than 0.5 percent copper and its compounds by weight, as specified in the report in subsection (1) of this section.
Sec. 1424. RCW
70.285.090 and 2019 c 422 s 409 are each amended to read as follows:
(1) The department must enforce this chapter. The department may periodically purchase and test brake friction material sold or offered for sale in Washington state to verify that the material complies with this chapter.
(2) Enforcement of this chapter by the department must rely on notification and information exchange between the department and manufacturers, distributors, and retailers. The department must issue one warning letter by certified mail to a manufacturer, distributor, or retailer that sells or offers to sell brake friction material in violation of this chapter, and offer information or other appropriate assistance regarding compliance with this chapter. Once a warning letter has been issued to a distributor or retailer for violations under subsections (3) and (5) of this section, the department need not provide warning letters for subsequent violations by that distributor or retailer. For the purposes of subsection (6) of this section, a warning letter serves as notice of the violation. If compliance is not achieved, the department may assess penalties under this section.
(3) A brake friction material distributor or retailer that violates this chapter is subject to a civil penalty not to exceed ten thousand dollars for each violation. Brake friction material distributors or retailers that sell brake friction material that is packaged consistent with RCW
70.285.080(2)(b)
(as recodified by this act) are not in violation of this chapter. However, if the department conclusively proves that the brake friction material distributor or retailer was aware that the brake friction material being sold violates RCW
70.285.030 or
70.285.050 (as recodified by this act), the brake friction material distributor or retailer is subject to civil penalties according to this section.
(4) A brake friction material manufacturer that knowingly violates this chapter must recall the brake friction material and reimburse the brake friction distributor, retailer, or any other purchaser for the material and any applicable shipping and handling charges for returning the material. A brake friction material manufacturer that violates this chapter is subject to a civil penalty not to exceed ten thousand dollars for each violation.
(5) A motor vehicle distributor or retailer that violates this chapter is subject to a civil penalty not to exceed ten thousand dollars for each violation. A motor vehicle distributor or retailer is not in violation of this chapter for selling a vehicle that was previously sold at retail and that contains brake friction material failing to meet the requirements of this chapter. However, if the department conclusively proves that the motor vehicle distributor or retailer installed brake friction material that violates RCW
70.285.030,
70.285.050, or
70.285.080(2)(b)
(as recodified by this act) on the vehicle being sold and was aware that the brake friction material violates RCW
70.285.030,
70.285.050, or
70.285.080(2)(b)
(as recodified by this act), the motor vehicle distributor or retailer is subject to civil penalties under this section.
(6) A motor vehicle manufacturer that violates this chapter must notify the registered owner of the vehicle within six months of knowledge of the violation and must replace at no cost to the owner the noncompliant brake friction material with brake friction material that complies with this chapter. A motor vehicle manufacturer that fails to provide the required notification to registered owners of the affected vehicles within six months of knowledge of the violation is subject to a civil penalty not to exceed one hundred thousand dollars. A motor vehicle manufacturer that fails to provide the required notification to registered owners of the affected vehicles after twelve months of knowledge of the violation is subject to a civil penalty not to exceed ten thousand dollars per vehicle. For purposes of this section, "motor vehicle manufacturer" does not include a vehicle dealer defined under RCW
46.70.011 and required to be licensed as a vehicle dealer under chapter
46.70 RCW.
(7) Before the effective date of the prohibitions in RCW
70.285.030 or
70.285.050 (as recodified by this act), the department must prepare and distribute information about the prohibitions to manufacturers, distributors, and retailers to the maximum extent practicable.
(8) All penalties collected under this chapter must be deposited in the model toxics control operating account created in RCW
70.105D.190 (as recodified by this act).
Sec. 1425. RCW
70.300.040 and 2019 c 422 s 411 are each amended to read as follows:
(1) The department must enforce the requirements of this chapter.
(2)(a) A person or entity that violates this chapter is subject to a civil penalty. The department may assess and collect a civil penalty of up to ten thousand dollars per day per violation.
(b) All penalties collected by the department under this chapter must be deposited in the model toxics control operating account created in RCW
70.105D.190 (as recodified by this act).
Sec. 1426. RCW
70.310.030 and 2013 c 51 s 3 are each amended to read as follows:
(1) Effective January 1, 2014, it is unlawful to manufacture, wholesale, or distribute for sale an asbestos-containing building material that is not labeled as required by RCW
70.310.040 (as recodified by this act) or as required under federal law, 40 C.F.R. part 763, subpart I, Sec. 173.171 (1994). The labeling requirement also applies to stock-on-hand, meaning any asbestos-containing building material in their possession or control after December 31, 2013, must be labeled. Retailers that do not manufacture, wholesale, or distribute asbestos-containing building materials are exempt from this chapter.
(2)(a) Subsection (1) of this section does not apply to asbestos-containing building materials that have already been installed, applied, or used by the consumer.
(b) Subsection (1) of this section does not apply to asbestos-containing building materials used solely for United States military purposes.
(3) Any manufacturer, wholesaler, or distributor may submit a written request for an exemption from the labeling requirements of this chapter, and the department may grant such an exemption if it determines that the labeling requirements are technically infeasible or create an undue economic hardship. Each exemption is in effect for a period not to exceed three years from the date issued and is subject to the terms and conditions prescribed by the department.
Sec. 1427. RCW
70.310.040 and 2013 c 51 s 4 are each amended to read as follows:
(1) A label must be placed in a prominent location adjacent to the product name or description on the exterior of the wrapping and packaging in which the asbestos-containing building material is placed for storage, shipment, and sale.
(2) A label must also be placed on the exterior surface of the asbestos-containing building material itself unless it is sold as a liquid or paste, is sand or gravel, or an exemption is granted pursuant to RCW
70.310.030(3)
(as recodified by this act).
(3) Asbestos-containing building materials must have a legible label that clearly identifies it as containing asbestos. The department may adopt rules regarding the implementation of this chapter. At a minimum, the label must state the following:
CAUTION!
This product contains ASBESTOS which is known to cause cancer and lung disease. Avoid creating dust. Intentionally removing or tampering with this label is a violation of state law.
(4) It is unlawful for any person to remove, deface, cover, or otherwise obscure or tamper with a label or sticker that has been applied in compliance with this section, unless the asbestos-containing building material is in the possession of the end user.
Sec. 1428. RCW
70.310.050 and 2013 c 51 s 5 are each amended to read as follows:
(1) The provisions of this chapter may be enforced by the department, local air authorities, or their designees.
(2) A person found in violation of this chapter is subject to the penalties provided under RCW
70.94.431 (as recodified by this act).
Sec. 1429. RCW
70.315.010 and 2013 c 127 s 1 are each amended to read as follows:
(1) The legislature finds that historically governmental and nongovernmental water purveyors have played two key public service roles: Providing safe drinking water and providing water for fire protection. This dual function approach is a deeply embedded and state-regulated feature of water system planning, engineering, operation, and maintenance. This dual function enables purveyors to provide these critical public services in a cost-effective way that protects public health and safety, promotes economic development, and supports appropriate land use planning.
(2) The legislature finds that the provision of integrated, dual function water facilities and services benefits all customers of a purveyor, similar to other benefits provided to water system customers in response to regulation regarding safe drinking water such as treatment and water quality monitoring.
(3) The legislature finds that water purveyors plan, construct, acquire, operate, and maintain fire suppression water facilities in response to regulatory requirements, including without limitation the public water system coordination act, RCW
70.116.080 (as recodified by this act), the design of public water systems and water system operations requirements, chapter 246-290 WAC, Parts 3 and 5, the state building code, chapter
19.27 RCW, and the international fire code. The availability of infrastructure and water to fight fires allows for the development and habitability of property, increases property values, and benefits customers and property through lower casualty insurance rates.
(4) The legislature finds that recent Washington supreme court decisions, including Lane v. City of Seattle, 164 Wn.2d 875 (2008), and City of Tacoma v. City of Bonney Lake, et al., 173 Wn.2d 584 (2012), have created uncertainty and confusion as to the role, responsibilities, cost allocation, and recovery authority of water purveyors. If left unresolved, the absence of legal clarity will adversely affect the availability and condition of fire suppression infrastructure necessary to protect life and property.
(5) It is the legislature's intent to determine appropriate methods of organizing public services and the authority of water purveyors with respect to critical public services. The legislature further intends this chapter to clarify the authority of water purveyors to provide fire suppression water facilities and services and to recover the costs for those facilities and services. The legislature also intends to provide liability protections appropriate for water purveyors engaged in this vital public service.
Sec. 1430. RCW
70.315.020 and 2013 c 127 s 2 are each amended to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Fire suppression water facilities" means water supply transmission and distribution facilities, interties, pipes, valves, control systems, lines, storage, pumps, fire hydrants, and other facilities, or any part thereof, used or usable for the delivery of water for fire suppression purposes.
(2) "Fire suppression water services" or "services" means operation and maintenance of fire suppression water facilities and the delivery of water for fire suppression purposes.
(3) "Municipal corporation" means any city, town, county, water-sewer district, port district, public utility district, irrigation district, and any other municipal corporation, quasi-municipal corporation, or political subdivision of the state.
(4) "Purveyor" has the same meaning as set forth in RCW
70.116.030(4)
(as recodified by this act).
Sec. 1431. RCW
70.315.050 and 2013 c 127 s 5 are each amended to read as follows:
A county is not required to pay for fire suppression water facilities or services except: (1) As a customer of a purveyor; (2) in areas where a county is acting as a purveyor; or (3) where a county has agreed to do so consistent with RCW
70.315.040 (as recodified by this act).
Sec. 1432. RCW
70.325.020 and 2014 c 74 s 2 are each amended to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Account" means the diesel idle reduction account created in RCW
70.325.040 (as recodified by this act).
(2) "Department" means the department of ecology.
(3) "Loan recipient" means a state, local, or other governmental entity that owns diesel vehicles or equipment.
Sec. 1433. RCW
70.325.040 and 2014 c 74 s 4 are each amended to read as follows:
The diesel idle reduction account is created in the state treasury. All receipts from remittances made by loan recipients pursuant to RCW
70.325.030 (as recodified by this act) and any moneys appropriated to the account by law must be deposited in the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for the purposes of this chapter, including the costs of program administration.
Sec. 1434. RCW
70.325.050 and 2014 c 74 s 7 are each amended to read as follows:
The department may adopt rules necessary to implement this chapter only after the legislature appropriates moneys to the account created in RCW
70.325.040 (as recodified by this act).
Sec. 1435. RCW
70.340.020 and 2016 c 161 s 2 are each amended to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Agency" means the Washington state pollution liability insurance agency.
(2) "Local government" means any political subdivision of the state, including a town, city, county, special purpose district, or other municipal corporation.
(3) "Operator" means any person in control of, or having responsibility for, the daily operation of a petroleum underground storage tank system.
(4) "Owner" means any person who owns a petroleum underground storage tank system.
(5) "Petroleum underground storage tank system" means an underground storage tank system regulated under chapter
90.76 RCW
(as recodified by this act) or subtitle I of the solid waste disposal act (42 U.S.C. chapter 82, subchapter IX) that is used for storing petroleum.
(6) "Release" has the same meaning as defined in RCW
70.105D.020 (as recodified by this act).
(7) "Remedial action" has the same meaning as defined in RCW
70.105D.020 (as recodified by this act).
(8) "Underground storage tank facility" means the location where one or more underground storage tank systems are installed. A facility encompasses all contiguous real property under common ownership associated with the operation of the underground storage tank system or systems.
(9) "Underground storage tank system" means an underground storage tank, connected underground piping, underground ancillary equipment, and containment system, if any, and includes any aboveground ancillary equipment connected to the underground storage tank or piping, such as dispensers.
Sec. 1436. RCW
70.340.030 and 2016 c 161 s 3 are each amended to read as follows:
(1) The agency shall establish an underground storage tank revolving loan and grant program to provide loans or grants to owners or operators to:
(a) Conduct remedial actions in accordance with chapter
70.105D RCW
(as recodified by this act), including investigations and cleanups of any release or threatened release of a hazardous substance at or affecting an underground storage tank facility, provided that at least one of the releases or threatened releases involves petroleum;
(b) Upgrade, replace, or permanently close a petroleum underground storage tank system in accordance with chapter
90.76 RCW
(as recodified by this act) or subtitle I of the solid waste disposal act (42 U.S.C., chapter 82, subchapter IX), as applicable;
(c) Install new infrastructure or retrofit existing infrastructure at an underground storage tank facility for dispensing renewable or alternative energy for motor vehicles, including electric vehicle charging stations, when conducted in conjunction with either (a) or (b) of this subsection; or
(d) Install and subsequently remove a temporary petroleum aboveground storage tank system in compliance with applicable laws, when conducted in conjunction with either (a) or (b) of this subsection.
(2) The maximum amount that may be loaned or granted under this program to an owner or operator for a single underground storage tank facility is two million dollars.
Sec. 1437. RCW
70.340.040 and 2016 c 161 s 4 are each amended to read as follows:
(1) A recipient of a loan or grant may not use these funds to conduct remedial actions of a release or threatened release from a petroleum underground storage tank system requiring financial assurances under chapter
90.76 RCW
(as recodified by this act) or subtitle I of the solid waste disposal act (42 U.S.C., chapter 82, subchapter IX) unless the owner or operator:
(a) Agrees to first expend all moneys available under the required financial assurances;
(b) Demonstrates that all moneys available under the required financial assurances have been expended; or
(c) Demonstrates that a claim has been made under the required financial assurances and the claim has been rejected by the provider.
(2) A recipient must use a loan or grant for a project that develops and acquires assets that have a useful life of at least thirteen years.
Sec. 1438. RCW
70.340.050 and 2016 c 161 s 5 are each amended to read as follows:
The agency shall partner and enter into a memorandum of agreement with the department of health to implement the revolving loan and grant program.
(1) The agency shall select loan and grant recipients and manage the work conducted under RCW
70.340.030(1)
(as recodified by this act).
(2) The department of health shall administer the loans and grants to qualified recipients as determined by the agency.
(3) The department of health may collect, from persons requesting financial assistance, loan origination fees to cover costs incurred by the department of health in operating the financial assistance program.
(4) The agency may use the moneys in the pollution liability insurance agency underground storage tank revolving account to fund the department of health's operating costs for the program.
Sec. 1439. RCW
70.340.060 and 2016 c 161 s 6 are each amended to read as follows:
(1) The agency may conduct remedial actions and investigate or clean up a release or threatened release of a hazardous substance at or affecting an underground storage tank facility if the following conditions are met:
(a) The owner or operator received a loan or grant for the underground storage tank facility under the revolving program created in this chapter for two million dollars or less;
(b) The remedial actions are conducted in accordance with the rules adopted under chapter
70.105D RCW
(as recodified by this act);
(c) The owner of real property subject to the remedial actions provides consent for the agency to:
(i) Recover the remedial action costs from the owner; and
(ii) Enter upon the real property to conduct remedial actions limited to those authorized by the owner or operator. Remedial actions must be focused on maintaining the economic vitality of the property. The agency or the agency's authorized representatives shall give reasonable notice before entering property unless an emergency prevents the notice; and
(d) The owner of the underground storage tank facility consents to the agency filing a lien on the underground storage tank facility to recover the agency's remedial action costs.
(2) The agency may conduct the remedial actions authorized under subsection (1) of this section using the moneys in the pollution liability insurance agency underground storage tank revolving account, as required under RCW
70.340.050 (as recodified by this act). However, for any remedial action where the owner or operator has received a loan or grant, the agency may not expend more than the difference between the amount loaned or granted and two million dollars.
(3) The agency may request informal advice and assistance and written opinions on the sufficiency of remedial actions from the department of ecology under RCW ((70.105D.030(1)(i)))70.105D.180 (as recodified by this act).
Sec. 1440. RCW
70.340.080 and 2016 c 161 s 8 are each amended to read as follows:
(1) The pollution liability insurance agency underground storage tank revolving account is created in the state treasury. All receipts from sources identified under subsection (2) of this section must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for items identified under subsection (3) of this section.
(2) The following receipts must be deposited into the account:
(a) All moneys appropriated by the legislature to pay for the agency's operating costs to carry out the purposes of this chapter;
(b) All moneys appropriated by the legislature to provide loans and grants under RCW
70.340.030 (as recodified by this act);
(c) Any repayment of loans provided under RCW
70.340.030 (as recodified by this act);
(d) All moneys appropriated by the legislature to conduct remedial actions under RCW
70.340.060 (as recodified by this act);
(e) Any recovery of the costs of remedial actions conducted under RCW
70.340.060 (as recodified by this act);
(f) Any grants provided by the federal government to the agency to achieve the purposes of this chapter; and
(g) Any other deposits made from a public or private entity to achieve the purposes of this chapter.
(3) Moneys in the account may be used by the agency only to carry out the purposes of this chapter including, but not limited to:
(a) The costs of the agency and department of health to carry out the purposes of this chapter;
(b) Loans and grants under RCW
70.340.030 (as recodified by this act);
(c) Remedial actions under RCW
70.340.060 (as recodified by this act); and
(d) State match requirements for grants provided to the agency by the federal government.
Sec. 1441. RCW
70.340.090 and 2016 c 161 s 9 are each amended to read as follows:
By September 1st of each even-numbered year, the agency must provide the office of financial management and the appropriate legislative committees a report on the agency's activities supported by expenditures from the pollution liability insurance agency underground storage tank revolving account. The report must at a minimum include:
(1) The amount of money the legislature appropriated from the pollution liability insurance agency underground storage tank revolving account under RCW
70.340.080 (as recodified by this act) during the last biennium;
(2) For the previous biennium, the total number of loans and grants, the amounts loaned or granted, sites cleaned up, petroleum underground storage tank systems upgraded, replaced, or permanently closed, and jobs preserved;
(3) For each loan and grant awarded during the previous biennium, the name of the recipient, the location of the underground storage tank facility, a description of the project and its status, the amount loaned, and the amount repaid;
(4) For each underground storage tank facility where the agency conducted remedial actions under RCW
70.340.060 (as recodified by this act) during the previous biennium, the name and location of the site, the amount of money used to conduct the remedial actions, the status of remedial actions, whether liens were filed against the underground storage tank facility under RCW
70.340.070 (as recodified by this act), and the amount of money recovered; and
(5) The operating costs of the agency and department of health to carry out the purposes of this chapter during the last biennium.
Sec. 1442. RCW
70.340.100 and 2016 c 161 s 10 are each amended to read as follows:
The agency must adopt rules under chapter
34.05 RCW necessary to carry out the provisions of this chapter. To accelerate remedial actions, the agency shall enter into a memorandum of agreement with the department of health under RCW
70.340.050 (as recodified by this act) within one year of July 1, 2016. To ensure the adoption of rules will not delay the award of a loan or grant, the agency may implement the underground storage tank revolving program through interpretative guidance pending adoption of rules.
Sec. 1443. RCW
70.340.120 and 2016 c 161 s 12 are each amended to read as follows:
Nothing in this chapter limits the authority of the department of ecology under chapter
70.105D RCW
(as recodified by this act).
Sec. 1444. RCW
70.340.130 and 2017 3rd sp.s. c 4 s 6015 are each amended to read as follows:
(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
70.148.020(2)
(as recodified by this act), the state treasurer shall transfer the amount exceeding seven million five hundred thousand dollars, up to a transfer of ten million dollars, from the pollution liability insurance program trust account into the pollution liability insurance agency underground storage tank revolving account. If ten million dollars is not available to be transferred on July 1, 2016, then by the end of fiscal year 2017, 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
70.148.020(2)
(as recodified by this act), the state treasurer shall transfer the amount exceeding seven million five hundred thousand dollars from the pollution liability insurance program trust account into the pollution liability insurance agency underground storage tank revolving account. The total amount transferred in fiscal year 2017 from the pollution liability insurance program trust account into the pollution liability insurance agency underground storage tank revolving account may not exceed ten million dollars.
(2) On July 1, 2017, and every two years thereafter at the start of each successive biennium, if the cash balance amount in the pollution liability insurance program trust account exceeds seven million five hundred thousand dollars, the state treasurer shall transfer the amount exceeding seven million five hundred thousand dollars after excluding the reserves under RCW
70.148.020(2)
(as recodified by this act), up to a transfer of twenty million dollars, from the pollution liability insurance program trust account into the pollution liability insurance agency underground storage tank revolving account. If twenty million dollars is not available to be transferred at the beginning of the first fiscal year of the biennium, by the end of the subsequent fiscal year, 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
70.148.020(2)
(as recodified by this act), the state treasurer shall transfer the amount exceeding seven million five hundred thousand dollars from the pollution liability insurance program trust account into the pollution liability insurance agency underground storage tank revolving account. The total amount transferred in a biennium from the pollution liability insurance program trust account into the pollution liability insurance agency underground storage tank revolving account may not exceed twenty million dollars.
Sec. 1445. RCW
70.340.900 and 2016 c 161 s 13 are each amended to read as follows:
(2) The expiration of RCW
70.340.010 through
70.340.120 (as recodified by this act) 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 the lender or the state of Washington;
(b) The resolution of any cost recovery action or the initiation of any action or other collection process to recover defaulted loan moneys due to the state of Washington; and
(c) The resolution of any action or the initiation of any action to recover the agency's remedial actions costs under RCW
70.340.070 (as recodified by this act).
(3) On July 1, 2030, the pollution liability insurance agency underground storage tank revolving account and all moneys due that account revert to, and accrue to the benefit of, the department of health.
Sec. 1446. RCW
70.360.060 and 2019 c 265 s 6 are each amended to read as follows:
(1)(a) A manufacturer or supplier of food service products or film products that meet ASTM standard specification D6400 or ASTM standard specification D6868 must ensure that the items are readily and easily identifiable from other plastic food service products or plastic film products in a manner that is consistent with the federal trade commission guides.
(b) Film bags are exempt from the requirements of this section, and are instead subject to the requirements of RCW
70.360.050 (as recodified by this act).
(2) For the purposes of this section, "readily and easily identifiable" products must:
(a) Be labeled with a logo indicating the product has been certified by a recognized third-party independent verification body as meeting the ASTM standard specification;
(b) Be labeled with the word "compostable," where possible, indicating the food packaging or film product has been tested by a recognized third-party independent body and meets the ASTM standard specification; and
(c) Meet industry standards for being distinguishable upon quick inspection in both public sorting areas and in processing facilities.
(3) A compostable product described in subsection (1) of this section must be considered compliant with the requirements of this section if it:
(a) Has green or brown labeling;
(b) Is labeled as compostable; and
(c) Uses distinctive color schemes, green or brown color striping, or other adopted symbols, colors, marks, or design patterns that help differentiate compostable items from noncompostable materials.
(4) It is encouraged that each product described in subsection (1) of this section:
(a) Display labeling language via printing, embossing, or compostable adhesive stickers using, when possible, either the colors green or brown that contrast with background product color for easy identification; or
(b) Be tinted green or brown.
(5) Graphic elements are encouraged to increase legibility of the word "compostable" and overall product distinction that may include text boxes, stripes, bands, or a green or brown tint of the product.
(6) A manufacturer or supplier is required to comply with this section only to the extent that the labeling requirements do not conflict with the federal trade commission guides.
Sec. 1447. RCW
70.360.070 and 2019 c 265 s 7 are each amended to read as follows:
A manufacturer or supplier of film products or food service products sold, offered for sale, or distributed for use in Washington that does not meet the applicable ASTM standard specifications provided in RCW
70.360.050 and
70.360.060 (as recodified by this act) is:
(1) Prohibited from using tinting, labeling, and terms that are required of products that meet the applicable ASTM standard specifications under RCW
70.360.050 and
70.360.060 (as recodified by this act);
(2) Discouraged from using coloration, labeling, images, and terms that confuse consumers into believing that noncompostable bags and food service packaging are compostable; and
(3) Encouraged to use coloration, labeling, images, and terms to help consumers identify noncompostable bags and food service packaging as either: (a) Suitable for recycling; or (b) necessary to dispose as waste.
Sec. 1448. RCW
70.360.090 and 2019 c 265 s 9 are each amended to read as follows:
(1) The state, acting through the attorney general, and cities and counties have concurrent authority to enforce this chapter and to collect civil penalties for a violation of this chapter, subject to the conditions in this section. An enforcing government entity may impose a civil penalty in the amount of up to two thousand dollars for the first violation of this chapter, up to five thousand dollars for the second violation of this chapter, and up to ten thousand dollars for the third and any subsequent violation of this chapter. If a manufacturer or supplier has paid a prior penalty for the same violation to a different government entity with enforcement authority under this subsection, the penalty imposed by a government entity is reduced by the amount of the payment.
(2) Any civil penalties collected pursuant to this section must be paid to the office of the city attorney, city prosecutor, district attorney, or attorney general, whichever office brought the action. Penalties collected by the attorney general on behalf of the state must be deposited in the compostable products revolving account created in RCW
70.360.110 (as recodified by this act).
(3) The remedies provided by this section are not exclusive and are in addition to the remedies that may be available pursuant to chapter
19.86 RCW or other consumer protection laws, if applicable.
(4) In addition to penalties recovered under this section, the enforcing government entity may recover reasonable enforcement costs and attorneys' fees from the liable manufacturer or supplier.
Sec. 1449. RCW
70.360.100 and 2019 c 265 s 10 are each amended to read as follows:
Manufacturers and suppliers who violate the requirements of this chapter are subject to civil penalties described in RCW
70.360.090 (as recodified by this act). A specific violation is deemed to have occurred upon the sale of noncompliant product by stock-keeping unit number or unique item number. The repeated sale of the same noncompliant product by stock-keeping unit number or unique item number is considered a single violation. A city, county, or the state must send a written notice and a copy of the requirements to a noncompliant manufacturer or supplier of an alleged violation, who will have ninety days to become compliant. A city, county, or the state may assess a first penalty if the manufacturer or supplier has not met the requirements ninety days following the date the notification was sent. A city, county, or the state may impose second, third, and subsequent penalties on a manufacturer or supplier that remains noncompliant with the requirements of this chapter for every month of noncompliance.
Sec. 1450. RCW
70.360.110 and 2019 c 265 s 11 are each amended to read as follows:
The compostable products revolving account is created in the custody of the state treasurer. All receipts from civil penalties or other amounts recovered by the state in enforcement actions under RCW
70.360.090 (as recodified by this act) must be deposited in the account. Expenditures from the account must be used by the attorney general for the payment of costs, expenses, and charges incurred in the enforcement of this chapter. Only the attorney general or the attorney general's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter
43.88 RCW, but an appropriation is not required for expenditures.
Sec. 1451. RCW
70.365.010 and 2019 c 292 s 1 are each reenacted and amended to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Consumer product" means any item, including any component parts and packaging, sold for residential or commercial use.
(2) "Department" means the department of ecology.
(3) "Director" means the director of the department.
(4) "Electronic product" includes personal computers, audio and video equipment, calculators, wireless phones, game consoles, and handheld devices incorporating a video screen that are used to access interactive software, and the peripherals associated with such products.
(5) "Inaccessible electronic component" means a part or component of an electronic product that is located inside and entirely enclosed within another material and is not capable of coming out of the product or being accessed during any reasonably foreseeable use or abuse of the product.
(6) "Manufacturer" means any person, firm, association, partnership, corporation, governmental entity, organization, or joint venture that produces a product or is an importer or domestic distributor of a product sold or offered for sale in or into the state.
(7) "Organohalogen" means a class of chemicals that includes any chemical containing one or more halogen elements bonded to carbon.
(8) "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS chemicals" means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
(9) "Phenolic compounds" means alkylphenol ethoxylates and bisphenols.
(10) "Phthalates" means synthetic chemical esters of phthalic acid.
(11) "Polychlorinated biphenyls" or "PCBs" means chemical forms that consist of two benzene rings joined together and containing one to ten chlorine atoms attached to the benzene rings.
(12) "Priority chemical" means a chemical or chemical class used as, used in, or put in a consumer product including:
(a) Perfluoroalkyl and polyfluoroalkyl substances;
(b) Phthalates;
(c) Organohalogen flame retardants;
(d) Flame retardants, as identified by the department under chapter
70.240 RCW
(as recodified by this act);
(e) Phenolic compounds;
(f) Polychlorinated biphenyls; or
(g) A chemical identified by the department as a priority chemical under RCW
70.365.020 (as recodified by this act).
(13) "Safer alternative" means an alternative that is less hazardous to humans or the environment than the existing chemical or chemical process. A safer alternative to a particular chemical may include a chemical substitute or a change in materials or design that eliminates the need for a chemical alternative.
(14) "Sensitive population" means a category of people that is identified by the department that may be or is disproportionately or more severely affected by priority chemicals, such as:
(a) Men and women of childbearing age;
(b) Infants and children;
(c) Pregnant women;
(d) Communities that are highly impacted by toxic chemicals;
(e) Persons with occupational exposure; and
(f) The elderly.
(15) "Sensitive species" means a species or grouping of animals that is identified by the department that may be or is disproportionately or more severely affected by priority chemicals, such as:
(a) Southern resident killer whales;
(b) Salmon; and
(c) Forage fish.
Sec. 1452. RCW
70.365.020 and 2019 c 292 s 2 are each amended to read as follows:
Every five years, and consistent with the timeline established in RCW
70.365.050 (as recodified by this act), 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 least one of the following:
(1) The chemical or a member of a class of chemicals are identified by the department as a:
(a) High priority chemical of high concern for children under chapter
70.240 RCW
(as recodified by this act); or
(b) Persistent, bioaccumulative toxin under chapter
70.105 RCW
(as recodified by this act);
(2) The chemical or members of a class of chemicals are regulated:
(a) In consumer products under chapter
70.240, 70.76, 70.95G, 70.280, 70.285, 70.95M, or
70.75A RCW
(as recodified by this act); or
(b) As a hazardous substance under chapter
70.105 or
70.105D RCW
(as recodified by this act); or
(3) The department determines the chemical or members of a class of chemicals are a concern for sensitive populations and sensitive species after considering the following factors:
(a) A chemical's or members of a class of chemicals' hazard traits or environmental or toxicological endpoints;
(b) A chemical's or members of a class of chemicals' aggregate effects;
(c) A chemical's or members of a class of chemicals' cumulative effects with other chemicals with the same or similar hazard traits or environmental or toxicological endpoints;
(d) A chemical's or members of a class of chemicals' environmental fate;
(e) The potential for a chemical or members of a class of chemicals to degrade, form reaction products, or metabolize into another chemical or a chemical that exhibits one or more hazard traits or environmental or toxicological endpoints, or both;
(f) The potential for the chemical or class of chemicals to contribute to or cause adverse health or environmental impacts;
(g) The chemical's or class of chemicals' potential impact on sensitive populations, sensitive species, or environmentally sensitive habitats;
(h) Potential exposures to the chemical or members of a class of chemicals based on:
(i) Reliable information regarding potential exposures to the chemical or members of a class of chemicals; and
(ii) Reliable information demonstrating occurrence, or potential occurrence, of multiple exposures to the chemical or members of a class of chemicals.
Sec. 1453. RCW
70.365.030 and 2019 c 292 s 3 are each amended to read as follows:
(1) Every five years, and consistent with the timeline established in RCW
70.365.050 (as recodified by this act), 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 submit a report to the appropriate committees of the legislature at the time that it identifies a priority consumer product.
(2) When identifying priority consumer products under this section, the department must consider, at a minimum, the following criteria:
(a) The estimated volume of a priority chemical or priority chemicals added to, used in, or present in the consumer product;
(b) The estimated volume or number of units of the consumer product sold or present in the state;
(c) The potential for exposure to priority chemicals by sensitive populations or sensitive species when the consumer product is used, disposed of, or has decomposed;
(d) The potential for priority chemicals to be found in the outdoor environment, with priority given to surface water, groundwater, marine waters, sediments, and other ecologically sensitive areas, when the consumer product is used, disposed of, or has decomposed;
(e) If another state or nation has identified or taken regulatory action to restrict or otherwise regulate the priority chemical in the consumer product;
(f) The availability and feasibility of safer alternatives; and
(g) Whether the department has already identified the consumer product in a chemical action plan completed under chapter 70.l05 RCW
(as recodified by this act) as a source of a priority chemical or other reports or information gathered under chapter
70.240, 70.76, 70.95G, 70.280, 70.285, 70.95M, or
70.75A RCW
(as recodified by this act).
(3) The department is not required to give equal weight to each of the criteria in subsection (2)(a) through (g) of this section when identifying priority consumer products that use or are a significant source of priority chemicals.
(4) To assist with identifying priority consumer products under this section and making determinations as authorized under RCW
70.365.040 (as recodified by this act), the department may request a manufacturer to submit a notice to the department that contains the information specified in RCW
70.240.040 (1) through (6)
(as recodified by this act) or other information relevant to subsection (2)(a) through (d) of this section. The manufacturer must provide the notice to the department no later than six months after receipt of such a demand by the department.
(5)(a) Except as provided in (b) of this subsection, the department may not identify the following as priority consumer products under this section:
(i) Plastic shipping pallets manufactured prior to 2012;
(ii) Food or beverages;
(iii) Tobacco products;
(iv) Drug or biological products regulated by the United States food and drug administration;
(v) Finished products certified or regulated by the federal aviation administration or the department of defense, or both, when used in a manner that was certified or regulated by such agencies, including parts, materials, and processes when used to manufacture or maintain such regulated or certified finished products;
(vi) Motorized vehicles, including on and off-highway vehicles, such as all-terrain vehicles, motorcycles, side-by-side vehicles, farm equipment, and personal assistive mobility devices; and
(vii) Chemical products used to produce an agricultural commodity, as defined in RCW
17.21.020.
(b) The department may identify the packaging of products listed in (a) of this subsection as priority consumer products.
(6) For an electronic product identified by the department as a priority consumer product under this section, the department may not make a regulatory determination under RCW
70.365.040 (as recodified by this act) to restrict or require the disclosure of a priority chemical in an inaccessible electronic component of the electronic product.
Sec. 1454. RCW
70.365.040 and 2019 c 292 s 4 are each amended to read as follows:
(1) Every five years, and consistent with the timeline established in RCW
70.365.050 (as recodified by this act), 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 products. The department must submit a report to the appropriate committees of the legislature at the time that it determines regulatory actions. The department may:
(a) Determine that no regulatory action is currently required;
(b) Require a manufacturer to provide notice of the use of a priority chemical or class of priority chemicals consistent with RCW
70.240.040 (as recodified by this act); or
(c) Restrict or prohibit the manufacture, wholesale, distribution, sale, retail sale, or use, or any combination thereof, of a priority chemical or class of priority chemicals in a consumer product.
(2)(a) The department may order a manufacturer to submit information consistent with RCW
70.365.030(4)
(as recodified by this act).
(b) The department may require a manufacturer to provide:
(i) A list of products containing priority chemicals;
(ii) Product ingredients;
(iii) Information regarding exposure and chemical hazard; and
(iv) A description of the amount and the function of the high priority chemical in the product.
(3) The department may restrict or prohibit a priority chemical or members of a class of priority chemicals in a priority consumer product when it determines:
(a) Safer alternatives are feasible and available; and
(b)(i) The restriction will reduce a significant source of or use of a priority chemical; or
(ii) The restriction is necessary to protect the health of sensitive populations or sensitive species.
(4) When determining regulatory actions under this section, the department may consider, in addition to the criteria pertaining to the selection of priority chemicals and priority consumer products that are specified in RCW
70.365.020 and
70.365.030 (as recodified by this act), whether:
(a) The priority chemical or members of a class of priority chemicals are functionally necessary in the priority consumer product; and
(b) A restriction would be consistent with regulatory actions taken by another state or nation on a priority chemical or members of a class of priority chemicals in a product.
(5) A restriction or prohibition on a priority chemical in a consumer product may include exemptions or exceptions, including exemptions to address existing stock of a product in commerce at the time that a restriction takes effect.
Sec. 1455. RCW
70.365.050 and 2019 c 292 s 5 are each amended to read as follows:
(1)(a) By June 1, 2020, and consistent with RCW
70.365.030 (as recodified by this act), the department shall identify priority consumer products that are a significant source of or use of priority chemicals specified in RCW
70.365.010(12) (a) through (f)
(as recodified by this act).
(b) By June 1, 2022, and consistent with RCW
70.365.040 (as recodified by this act), the department must determine regulatory actions regarding the priority chemicals and priority consumer products identified in (a) of this subsection.
(c) By June 1, 2023, the department must adopt rules to implement regulatory actions determined under (b) of this subsection.
(2)(a) By June 1, 2024, and every five years thereafter, the department shall select at least five priority chemicals specified in RCW
70.365.010(12) (a) through (g)
(as recodified by this act) that are identified consistent with RCW
70.365.020 (as recodified by this act).
(b) By June 1, 2025, and every five years thereafter, the department must identify priority consumer products that contain any new priority chemicals after notifying the appropriate committees of the legislature, consistent with RCW
70.365.030 (as recodified by this act).
(c) By June 1, 2027, and every five years thereafter, the department must determine regulatory actions for any priority chemicals in priority consumer products identified under (b) of this subsection, consistent with RCW
70.365.040 (as recodified by this act).
(d) By June 1, 2028, and every five years thereafter, the department must adopt rules to implement regulatory actions identified under (c) of this subsection.
(3)(a) The designation of priority chemicals by the department does not take effect until the adjournment of the regular legislative session immediately following the identification of chemicals, in order to allow an opportunity for the legislature to add to, limit, or otherwise amend the list of priority chemicals to be considered by the department.
(b) The designation of priority consumer products by the department does not take effect until the adjournment of the regular legislative session immediately following the identification of priority consumer products, in order to allow an opportunity for the legislature to add to, limit, or otherwise amend the list of priority consumer products to be considered by the department.
(c) The determination of regulatory actions by the department does not take effect until the adjournment of the regular legislative session immediately following the determination by the department, in order to allow an opportunity for the legislature to add to, limit, or otherwise amend the regulatory determinations by the department.
(d) Nothing in this subsection (3) limits the authority of the department to:
(i) Begin to identify priority consumer products for a priority chemical prior to the effective date of the designation of a priority chemical;
(ii) Begin to consider possible regulatory actions prior to the effective date of the designation of a priority consumer product; or
(iii) Initiate a rule-making process prior to the effective date of a determination of a regulatory action.
(4)(a) When identifying priority chemicals and priority consumer products under this chapter, the department must notify the public of the selection, including the identification of the peer-reviewed science and other sources of information that the department relied upon, the basis for the selection, and a draft schedule for making determinations. The notice must be published in the Washington State Register. The department shall provide the public with an opportunity for review and comment on the regulatory determinations.
(b)(i) By June 1, 2020, the department must create a stakeholder advisory process to provide expertise, input, and a review of the department's rationale for identifying priority chemicals and priority consumer products and proposed regulatory determinations. The input received from a stakeholder process must be considered and addressed when adopting rules.
(ii) The stakeholder process must include, but is not limited to, representatives from: Large and small business sectors; community, environmental, and public health advocacy groups; local governments; affected and interested businesses; an expert in scientific data analysis; and public health agencies.
Sec. 1456. RCW
70.365.070 and 2019 c 292 s 7 are each amended to read as follows:
(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 violators are subject to a civil penalty not to exceed ten thousand dollars for each repeat offense.
(2) Any penalty provided for in this section, and any order issued by the department under this chapter, may be appealed to the pollution control hearings board.
(3) All penalties collected under this chapter shall be deposited in the ((state))model toxics control operating account created in RCW ((70.105D.070))70.105D.190 (as recodified by this act).
Sec. 1457. RCW
70.365.080 and 2019 c 292 s 8 are each amended to read as follows:
(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
70.365.040(1) (b) or (c)
(as recodified by this act). When proposing or adopting rules to implement regulatory determinations specified in this subsection, the department must identify the expected costs and benefits of the proposed or adopted rules to state agencies to administer and enforce the rules and to private persons or businesses, by category of type of person or business affected.
(b) A rule adopted to implement a regulatory determination involving a restriction on the manufacture, wholesale, distribution, sale, retail sale, or use of a priority consumer product containing a priority chemical may take effect no sooner than three hundred sixty-five days after the adoption of the rule.
(c) Each rule adopted to implement a determination of regulatory action specified in RCW
70.365.040(1) (b) or (c)
(as recodified by this act) is a significant legislative rule for purposes of RCW
34.05.328. The department must prepare a small business economic impact statement consistent with the requirements of RCW
19.85.040 for each rule to implement a determination of a regulatory action specified in RCW
70.365.040(1) (b) or (c)
(as recodified by this act).
Sec. 1458. RCW
70.375.020 and 2019 c 344 s 2 are each amended to read as follows:
The definitions in this section apply throughout this chapter unless the content clearly requires otherwise.
(1)(a) "Architectural paint" or "paint" means interior and exterior architectural coatings, sold in a container of five gallons or less.
(b) "Architectural paint" or "paint" does not mean industrial coatings, original equipment coatings, or specialty coatings.
(2) "Architectural paint stewardship assessment" or "assessment" means the amount determined by a stewardship organization that must be added to the purchase price of architectural paint sold in this state to cover a stewardship organization's costs of administration, education and outreach, collecting, transporting, and processing of the leftover architectural paint managed through a statewide architectural paint stewardship program.
(3) "Conditionally exempt small quantity generator" means a dangerous waste generator whose dangerous wastes are not subject to regulation under chapter
70.105 RCW
(as recodified by this act), hazardous waste management, solely because the waste is generated or accumulated in quantities below the threshold for regulation and meets the conditions prescribed in WAC ((
173-303-070(8)(b)))
173-303-171(1), as it existed on July 28, 2019.
(4) "Conditionally exempt small quantity generator waste" means dangerous waste generated by a conditionally exempt small quantity generator.
(5) "Consumer" includes any household, nonprofit, small business, or other entity whose leftover paint is eligible under applicable laws and regulations.
(6) "Covered entity" means any: (a) Household; (b) conditionally exempt small quantity generator of leftover oil-based and latex architectural paint; or (c) generator of dangerous waste as defined in RCW
70.105.010 (as recodified by this act) that brings leftover architectural latex paint to a paint program collection site operating under an approved Washington state paint stewardship plan.
(7) "Curbside service" means a waste collection, recycling, and disposal service providing pickup of leftover architectural paint from residential sources, such as single-family households and multifamily housing, or other covered entities in quantities generated from households or conditionally exempt small quantity generators, provided by a solid waste collection company regulated under chapter
81.77 RCW or under a contract for solid waste services with any city or town.
(8) "Department" means the department of ecology.
(9) "Distributor" means a person that has a contractual relationship with one or more manufacturers to market and sell architectural paint to retailers in Washington.
(10) "End-of-life" or "end-of-life management" means activities including, but not limited to, collection, transportation, reuse, recycling, energy recovery, and disposal for leftover architectural paint.
(11) "Energy recovery" means the recovery of energy in a useable form from mass burning or refuse-derived fuel incineration, pyrolysis, or any other means of using the heat of combustion of solid waste that involves high temperature (above twelve hundred degrees Fahrenheit) processing.
(12) "Environmentally sound management practices" means practices that comply with all applicable laws and rules to protect workers, public health, and the environment, provide for adequate recordkeeping, tracking and documenting the fate of materials within the state and beyond, and include environmental liability coverage for the stewardship organization.
(13) "Final disposition" means the point beyond which no further processing takes place and the paint has been transformed for direct use as a feedstock in producing new products or is disposed of, including for energy recovery, in permitted facilities.
(14) "Household hazardous waste" means waste that exhibits any of the properties of dangerous waste that is exempt from regulation under chapter
70.105 RCW
(as recodified by this act) solely because the waste is generated by households. Household hazardous waste may also include other solid waste identified in the local hazardous waste management plan prepared pursuant to chapter
70.105 RCW
(as recodified by this act).
(15) "Leftover paint" or "leftover architectural paint" means architectural paint not used and no longer wanted by a consumer.
(16) "Moderate risk waste" means solid waste that is limited to conditionally exempt small quantity generator waste and household hazardous waste as defined in this chapter.
(17) "Paint retailer" means any person that offers architectural paint for sale at retail in Washington.
(18) "Person" includes any individual, business, manufacturer, transporter, collector, processor, retailer, charity, nonprofit organization, or government agency.
(19) "Producer" means a manufacturer of architectural paint that is sold, offered for sale, or distributed in Washington under the producer's own name or other brand name.
(20) "Recycling" means transforming or remanufacturing waste materials into usable or marketable materials for use other than landfill disposal, energy recovery, or incineration. Recycling does not include collection, compacting, repacking, and sorting for the purpose of transport.
(21) "Reuse" means any operation by which an architectural paint product changes ownership and is used for the same purpose for which it was originally purchased.
(22) "Sell" or "sale" means any transfer of title for consideration, including remote sales conducted through sales outlets, catalogues, or the internet or any other similar electronic means.
(23) "Stewardship organization" means a nonprofit organization created by a producer or group of producers to implement a paint stewardship program required under this chapter.
(24) "Urban cluster" means areas of population density of two thousand five hundred to fifty thousand, as defined by the United States census bureau.
(25) "Urbanized area" means areas of high population density with populations of fifty thousand or greater, as defined by the United States census bureau.
Sec. 1459. RCW
70.375.040 and 2019 c 344 s 4 are each amended to read as follows:
(1) A stewardship organization representing producers shall submit a plan for the implementation of a paint stewardship program to the department for approval by May 30, 2020, or within one year of July 28, 2019, whichever comes later. The plan must include the following components:
(a) A description of how the program proposed under the plan will collect, transport, recycle, and process leftover paint from covered entities for end-of-life management, including reuse, recycling, energy recovery, and disposal, using environmentally sound management practices;
(b) Stewardship organization contact information and a list of participating brands and producers under the program;
(c) A demonstration of sufficient funding for the architectural paint stewardship program as described in the plan. The plan must include a funding mechanism whereby each architectural paint producer remits to the stewardship organization payment of an architectural paint stewardship assessment for each container of architectural paint the producer sells in this state, unless the distributor or paint retailer has negotiated a voluntary agreement with the producer and stewardship organization to remit the architectural paint stewardship assessment directly to the stewardship organization on behalf of the producer for the producer's architectural paint sold by the distributor or paint retailer in the state. The plan must include a proposed budget and a description of the process used to determine the architectural paint stewardship assessment. The architectural paint stewardship assessment must be added to the cost of all architectural paint sold to Washington paint retailers and distributors, unless the distributor or paint retailer has negotiated an agreement voluntarily with the producer and stewardship organization to remit the assessment directly to the stewardship organization on behalf of the producer for the producer's architectural paint sold by the distributor or paint retailer in the state. Each Washington paint retailer or distributor must add the assessment to the purchase price of all architectural paint sold in this state. Manufacturers may not require retailers to opt to participate in a voluntary remittance agreement;
(d) The establishment in the plan of a uniform architectural paint stewardship assessment for all architectural paint sold in this state, in order to ensure that the funding mechanism is equitable and sustainable. For purposes of establishing the assessment, the plan must categorize the sizes of paint containers sold at retail and determine a uniform assessment amount that applies to each category of container size. The architectural paint stewardship assessment must be sufficient to recover the costs of the architectural paint stewardship program. With the exception of the annual administration costs paid to the department under RCW
70.375.060(4)
(as recodified by this act), the department may not control or have spending authority related to the funds received by the stewardship organization from the assessment. Funds received by the stewardship organization are not state funds and are not eligible to be transferred for other state purposes in an appropriations act. The plan must require that any surplus funds generated from the funding mechanism that exceed a reserve greater than the most recent year's operating expenditures be put back into the program to either increase and improve program services or reduce the cost of the program and the architectural paint stewardship assessment, or both;
(e) A review by an independent financial auditor of the proposed architectural paint stewardship assessment to ensure that any added cost to paint sold in the state as a result of the paint stewardship program does not exceed the costs of the program. In a report to the department, the independent auditor must verify that the amount added to each unit of paint will cover the costs of the paint stewardship program;
(f) Assignment to the department of responsibility for the approval of the architectural paint stewardship assessment based on the information provided in the plan and the auditor's report;
(g) A description of the educational outreach strategy to reduce the generation of leftover paint, to promote the reuse and recycling of leftover paint, for the overall collection of leftover paint, and for the proper end-of-life management of leftover paint. The strategies may be revised by a stewardship organization based on the information collected annually;
(h) A description of the reasonably convenient and available statewide collection system, including:
(i) A description of how the program will provide for reasonably convenient and available statewide collection of leftover paint from covered entities in urban and rural areas of the state, including island communities;
(ii) A description of how the program will incorporate existing public and private waste collection services and facilities for activities, which may include, but is not limited to:
(A) The reuse or processing of leftover architectural paint at the permanent collection site; and
(B) The collection, transportation, and recycling or proper disposal of leftover architectural paint;
(i) A description of how leftover paint will be managed using environmentally sound management practices, including reasonably following the paint waste management hierarchy of: Source reduction; reuse; recycling; energy recovery; and disposal;
(j) A description of education and outreach efforts to promote the paint stewardship program. The education and outreach efforts must include strategies for reaching all sectors of the population and describe how the paint stewardship program will evaluate the effectiveness of its education and outreach;
(k) A description of collection site procedural manuals for architectural paint products, including training procedures and electronic copies of materials that will be provided to collection sites; and
(l) A list of transporters that will be used to manage leftover paint collected by the stewardship organization and a list of potential processors to be used for final disposition.
(2)(a) To ensure adequate collection coverage, the plan must use geographic information modeling and the information required under subsection (1)(h) of this section to determine the number and distribution of collection sites based on the following criteria: At least ninety percent of Washington residents must have a permanent collection site within a fifteen-mile radius; and unless otherwise approved by the department, one additional permanent site must be established for every thirty thousand residents of an urbanized area and for every urban cluster of at least thirty thousand residents distributed to provide convenient and reasonably equitable access for residents within each.
(b) For the portion of the population that does not have a permanent collection location within a fifteen-mile radius, the plan must provide residents a reasonable opportunity to drop off leftover paint at collection events. The stewardship organization, in consultation with the department and the local community, will determine a reasonable frequency and location of these collection events, to be held in underserved areas. Special consideration is to be made for providing opportunities to island and geographically isolated populations.
(3)(a) Nothing in subsection (2) of this section prohibits a program plan from identifying an available curbside service for a specific area or population that provides convenient and reasonably equitable access for Washington residents that is at least equivalent to the level of convenience and access that would be provided by a collection site.
(b) A fee may not be charged at the time the unwanted paint is delivered or collected for management. However, this subsection (3)(b) does not prohibit collectors providing curbside services from charging customers a fee, as provided by city contract or by the Washington utilities and transportation commission under the authority of chapter
81.77 RCW, for the additional collection cost of providing this service.
(4) The program plan must utilize the existing public and private waste collection services and facilities where cost-effective and mutually agreeable.
(5) The program must utilize existing paint retail stores as collection sites where cost-effective and mutually agreeable.
(6) The plan must provide the collection site name and location of each site statewide in Washington accepting architectural paint under the program.
(7) A stewardship organization shall promote a paint stewardship program and provide consumers, covered entities, and paint retailers with educational and informational materials describing collection opportunities for leftover paint statewide, the architectural paint stewardship assessment used to finance the program, and promotion of waste prevention, reuse, and recycling. These materials may include, but are not limited to, the following:
(a) Signage that is prominently displayed and easily visible to the consumer;
(b) Written materials and templates of materials for reproduction by paint retailers to be provided to the consumer at the time of purchase or delivery, or both;
(c) Advertising or other promotional materials, or both, that include references to the architectural paint stewardship program; and
(d) An explanation that the architectural paint stewardship assessment has been added to the purchase price of architectural paint to fund the paint stewardship program in the state. The architectural paint stewardship assessment may not be described as a department recycling fee at the point of retail.
(8) A stewardship organization must submit a new plan or plan amendment to the department for approval when there is a change to the amount of the assessment, if required by the department, or every five years, if the department deems it necessary.
Sec. 1460. RCW
70.375.050 and 2019 c 344 s 5 are each amended to read as follows:
(1) Each stewardship organization shall submit a paint stewardship program plan in accordance with RCW
70.375.040 (as recodified by this act).
(2) Each stewardship organization shall develop and distribute a collection site procedural manual to collection sites to help ensure proper management of architectural paints at collection locations.
(3) A stewardship organization shall implement the paint stewardship program plan by November 30, 2020, or within six months after approval of a paint stewardship program plan under RCW
70.375.040 (as recodified by this act), whichever is later.
(4) A stewardship organization shall submit an annual report by October 15, 2020, or a later date agreed to by the department, structured to be used as a basis for annual plan review by the department. The report must be based on the requirements outlined in RCW
70.375.080 (as recodified by this act).
(5) A stewardship organization shall work with producers, distributors, paint retailers, and local governments to provide consumers with educational and informational materials describing collection opportunities for leftover paint statewide and promotion of waste prevention, reuse, and recycling of leftover paint.
(6) A stewardship organization shall pay an annual administrative fee, described in RCW
70.375.060 (as recodified by this act), in an amount sufficient to cover only the department's cost of administering and enforcing a paint stewardship program established under this chapter.
Sec. 1461. RCW
70.375.060 and 2019 c 344 s 6 are each amended to read as follows:
(1) The department shall review the plan within one hundred twenty days of receipt, and make a determination as to whether or not to approve the plan. The department shall provide a letter of approval for the plan if it provides for the establishment of a paint stewardship program that meets the requirements of RCW
70.375.040 and
70.375.050 (as recodified by this act). If a plan is rejected, the department shall provide the reasons for rejecting the plan to the stewardship organization. The stewardship organization must submit a new plan within sixty days after receipt of the letter of disapproval.
(2) When a plan or an amendment to an approved plan is submitted under this section, the department shall make the proposed plan or amendment available for public review and comment for at least thirty days.
(3) The department shall provide oversight of a stewardship organization in the determination and implementation of the architectural paint stewardship assessment specified in RCW
70.375.040(1)
(as recodified by this act).
(4) The department shall identify the costs it incurs under this chapter. The department shall set the fee at an amount that, when paid by every stewardship organization or producer that submits a plan, is adequate to reimburse the department's full costs of administering and enforcing this chapter. The total amount of annual fees collected under this subsection must not exceed the amount necessary to reimburse costs incurred by the department to enforce and administer this chapter.
(5) A stewardship organization or producer subject to this chapter must pay the department's administrative fee under this subsection on or before June 30, 2020, and annually thereafter. The annual administrative fee may not exceed five percent of the aggregate assessment added to the cost of all architectural paint sold by producers in the state for the preceding calendar year.
(6) The department shall enforce this chapter.
(a) The department may administratively impose a civil penalty on any person who violates this chapter in an amount of up to one thousand dollars per violation per day.
(b) The department may administratively impose a civil penalty of up to ten thousand dollars per violation per day on any person who intentionally, knowingly, or negligently violates this chapter.
(c) Any person who incurs a penalty under this section may appeal the penalty to the pollution control hearings board established by chapter
43.21B RCW.
(7) Upon the date the first plan is approved, the department shall post on its web site a list of producers and their brands for which the department has approved a plan pursuant to RCW
70.375.040 (as recodified by this act). The department shall update the list of producers and brands participating under an approved program plan on a monthly basis based on information provided to the department from a stewardship organization.
(8) Upon a demonstration to the satisfaction of the department that a previously unlisted producer is in compliance with this chapter, within fourteen days the department must add the name of the producer to its web site.
(9) The department shall review each annual report required pursuant to RCW
70.375.080 (as recodified by this act) within ninety days of its submission to ensure compliance with RCW
70.375.080(1)
(as recodified by this act).
(10) The department may adopt rules as necessary for the purpose of implementing, administering, and enforcing this chapter.
Sec. 1462. RCW
70.375.080 and 2019 c 344 s 8 are each amended to read as follows:
(1) By October 15, 2020, and annually thereafter, a stewardship organization shall submit to the department a report describing the paint stewardship program that the stewardship organization implemented during the previous fiscal year. The report must include all of the following:
(a) A description of the methods the stewardship organization used to reduce, reuse, collect, transport, recycle, and process leftover paint statewide in Washington;
(b) The volume of latex and oil-based architectural paint collected by the stewardship organization in the preceding fiscal year in Washington, including any increase in total volume of paint collected each year, and the cost of the paint stewardship program per gallon of paint collected;
(c) The volume of latex and oil-based architectural paint collected by method of disposition, including reuse, recycling, energy recovery, and disposal;
(d) An estimate of the total weight of all paint containers recycled by the program;
(e) A list of all processors through final disposition that are used to manage leftover paint collected by the stewardship organization in the preceding year;
(f) A list of all the producers participating in the plan;
(g) The total volume of architectural paint sold in Washington during the preceding year based on the architectural paint stewardship assessment collected by the stewardship organization;
(h) An independent financial audit of the paint stewardship program implemented by the stewardship organization, including a breakdown of the program's expenses, such as collection, recycling, education, and overhead;
(i) The total cost of implementing the paint stewardship program broken out by administrative, collection, transportation and disposition, and communications costs;
(j) An evaluation of the effectiveness of the paint stewardship program from year to year, and anticipated steps, if needed, to improve performance throughout the state; and
(k) A summary of outreach and education activities undertaken and samples of the educational materials that the stewardship organization provided to consumers of architectural paint during the first year of the program and any changes to those materials in subsequent years.
(2) The department must make all reports submitted under this section available to the general public through the internet. Consistent with RCW
70.375.130 (as recodified by this act), valuable commercial information submitted to the department under this chapter is exempt from public disclosure under RCW
42.56.270. However, the department may use and disclose such information in summary or aggregated form as long as the disclosure does not directly or indirectly identify financial, production, or sales data of an individual producer or stewardship organization. The department is not required to notify individual producers prior to making available to the general public the reports submitted under this section or aggregated or summarized information from reports submitted under this section.
Sec. 1463. RCW
70.375.090 and 2019 c 344 s 9 are each amended to read as follows:
Producers or stewardship organizations acting on behalf of producers that prepare, submit, and implement a paint stewardship program plan pursuant to RCW
70.375.040 (as recodified by this act) and thereby are subject to regulation by the department are granted immunity from state laws relating to antitrust, restraint of trade, unfair trade practices, and other regulation of trade and commerce, for the limited purpose of planning, reporting, and operating a paint stewardship program and proposing and establishing the architectural paint stewardship assessment required in RCW
70.375.040(1) (c) and (d)
(as recodified by this act).
Sec. 1464. RCW
70.380.020 and 2019 c 460 s 2 are each amended to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Brand" means a name, symbol, word, or mark that identifies a product, rather than its components, and attributes the covered product to the owner of the brand as the producer.
(2) "Department" means the department of ecology.
(3) "Producer" means a person who has legal ownership of the brand, brand name, or cobrand of plastic packaging sold in or into Washington state.
(4) "Recycling" has the same meaning as defined in RCW
70.95.030 (as recodified by this act).
(5) "Stakeholder" means a person who may have an interest in or be affected by the management of plastic packaging.
Sec. 1465. RCW
77.55.061 and 1994 c 257 s 18 are each amended to read as follows:
The procedural requirements of this chapter shall not apply to any person conducting a remedial action at a facility pursuant to a consent decree, order, or agreed order issued pursuant to chapter
70.105D RCW
(as recodified by this act), or to the department of ecology when it conducts a remedial action under chapter
70.105D RCW
(as recodified by this act). The department of ecology shall ensure compliance with the substantive requirements of this chapter through the consent decree, order, or agreed order issued pursuant to chapter
70.105D RCW
(as recodified by this act), or during the department-conducted remedial action, through the procedures developed by the department pursuant to RCW
70.105D.090 (as recodified by this act).
Sec. 1466. RCW
81.77.010 and 2007 c 234 s 65 are each amended to read as follows:
As used in this chapter:
(1) "Motor vehicle" means any truck, trailer, semitrailer, tractor, or any self-propelled or motor driven vehicle used upon any public highway of this state for the purpose of transporting solid waste, for the collection or disposal, or both, of solid waste;
(2) "Public highway" means every street, road, or highway in this state;
(3) "Common carrier" means any person who collects and transports solid waste for disposal by motor vehicle for compensation, whether over regular or irregular routes, or by regular or irregular schedules;
(4) "Contract carrier" means all solid waste transporters not included under the terms "common carrier" and "private carrier," as defined in this section, and further, includes any person who under special and individual contracts or agreements transports solid waste by motor vehicle for compensation;
(5) "Private carrier" means a person who, in his or her own vehicle, transports solid waste purely as an incidental adjunct to some other established private business owned or operated by the person in good faith. A person who transports solid waste from residential sources in a vehicle designed or used primarily for the transport of solid waste is not a private carrier;
(6) "Vehicle" means every device capable of being moved upon a public highway and in, upon, or by which any solid waste is or may be transported or drawn upon a public highway, except devices moved by human or animal power or used exclusively upon stationary rail or tracks;
(7) "Solid waste collection company" means every person or his or her lessees, receivers, or trustees, owning, controlling, operating, or managing vehicles used in the business of transporting solid waste for collection or disposal, or both, for compensation, except septic tank pumpers, over any public highway in this state as a "common carrier" or as a "contract carrier";
(8) "Solid waste collection" does not include collecting or transporting recyclable materials from a drop-box or recycling buy-back center, or collecting or transporting recyclable materials by or on behalf of a commercial or industrial generator of recyclable materials to a recycler for use or reclamation. Transportation of these materials is regulated under chapter
81.80 RCW;
(9) "Solid waste" means the same as defined under RCW
70.95.030 (as recodified by this act), except for the purposes of this chapter solid waste does not include recyclable materials except for source separated recyclable materials collected from residences; and
(10) When the phrase "garbage and refuse" is used as a qualifying phrase or otherwise, it means "solid waste."
Sec. 1467. RCW
81.77.030 and 2005 c 121 s 5 are each amended to read as follows:
The commission shall supervise and regulate every solid waste collection company in this state,
(1) By fixing and altering its rates, charges, classifications, rules and regulations;
(2) By regulating the accounts, service, and safety of operations;
(3) By requiring the filing of annual and other reports and data;
(4) By supervising and regulating such persons or companies in all other matters affecting the relationship between them and the public which they serve;
(5) By requiring compliance with local solid waste management plans and related implementation ordinances;
(6) By requiring certificate holders under chapter
81.77 RCW to use rate structures and billing systems consistent with the solid waste management priorities set forth under RCW
70.95.010 (as recodified by this act) and the minimum levels of solid waste collection and recycling services pursuant to local comprehensive solid waste management plans. The commission may order consolidated billing and provide for reasonable and necessary expenses to be paid to the administering company if more than one certificate is granted in an area.
The commission, on complaint made on its own motion or by an aggrieved party, at any time, after providing the holder of any certificate with notice and an opportunity for a hearing at which it shall be proven that the holder has willfully violated or refused to observe any of the commission's orders, rules, or regulations, or has failed to operate as a solid waste collection company for a period of at least one year preceding the filing of the complaint, may suspend, revoke, alter, or amend any certificate issued under the provisions of this chapter.
Sec. 1468. RCW
81.77.040 and 2010 c 24 s 1 are each amended to read as follows:
A solid waste collection company shall not operate for the hauling of solid waste for compensation without first having obtained from the commission a certificate declaring that public convenience and necessity require such operation. Operating for the hauling of solid waste for compensation includes advertising, soliciting, offering, or entering into an agreement to provide that service. To operate a solid waste collection company in the unincorporated areas of a county, the company must comply with the solid waste management plan prepared under chapter
70.95 RCW
(as recodified by this act) in the company's franchise area.
Issuance of the certificate of necessity must be determined on, but not limited to, the following factors: The present service and the cost thereof for the contemplated area to be served; an estimate of the cost of the facilities to be utilized in the plant for solid waste collection and disposal, set out in an affidavit or declaration; a statement of the assets on hand of the person, firm, association, or corporation that will be expended on the purported plant for solid waste collection and disposal, set out in an affidavit or declaration; a statement of prior experience, if any, in such field by the petitioner, set out in an affidavit or declaration; and sentiment in the community contemplated to be served as to the necessity for such a service.
When an applicant requests a certificate to operate in a territory already served by a certificate holder under this chapter, the commission may, after notice and an opportunity for a hearing, issue the certificate only if the existing solid waste collection company or companies serving the territory will not provide service to the satisfaction of the commission or if the existing solid waste collection company does not object.
In all other cases, the commission may, with or without hearing, issue certificates, or for good cause shown refuse to issue them, or issue them for the partial exercise only of the privilege sought, and may attach to the exercise of the rights granted such terms and conditions as, in its judgment, the public convenience and necessity may require.
Any right, privilege, certificate held, owned, or obtained by a solid waste collection company may be sold, assigned, leased, transferred, or inherited as other property, only if authorized by the commission.
For purposes of issuing certificates under this chapter, the commission may adopt categories of solid wastes as follows: Garbage, refuse, recyclable materials, and demolition debris. A certificate may be issued for one or more categories of solid waste. Certificates issued on or before July 23, 1989, shall not be expanded or restricted by operation of this chapter.
Sec. 1469. RCW
82.04.660 and 2015 c 185 s 2 are each amended to read as follows:
(1) An exemption from the taxes imposed in this chapter is provided for:
(a) Producers, with respect to environmental handling charges added to the purchase price of mercury-containing lights either by the producer or a retailer pursuant to an agreement with the producer;
(b) Retailers, with respect to environmental handling charges added to the purchase price of mercury-containing lights sold at retail, including the portion of environmental handling charges retained as reimbursement for any costs associated with the collection and remittance of the charges; and
(c) Stewardship organizations, with respect to environmental handling charges received from producers and retailers.
(3) For purposes of this section, the definitions in RCW
70.275.020 (as recodified by this act) apply.
Sec. 1470. RCW
82.04.755 and 2015 c 15 s 7 are each amended to read as follows:
(1) This chapter does not apply to grants received by a nonprofit organization from the matching fund competitive grant program established in RCW
70.93.180(1)(b)(ii)
(as recodified by this act).
(2) This section is not subject to the requirements of RCW
82.32.805 and
82.32.808, and is not subject to an expiration date.
Sec. 1471. RCW
82.04.765 and 2019 c 344 s 15 are each amended to read as follows:
(1) This chapter does not apply to the receipts attributable to the assessment on architectural paint imposed pursuant to chapter
70.375 RCW
(as recodified by this act).
(2) This section is not subject to the requirements of RCW
82.32.805 and
82.32.808, and is not subject to an expiration date.
Sec. 1472. RCW
82.08.0287 and 2014 c 97 s 503 are each amended to read as follows:
(1) The tax imposed by this chapter does not apply to sales of passenger motor vehicles which are to be used primarily for commuter ride sharing or ride sharing for persons with special transportation needs, as defined in RCW
46.74.010, if the vehicles are used as ride-sharing vehicles for thirty-six consecutive months beginning from the date of purchase.
(2) To qualify for the tax exemption, those passenger motor vehicles with five or six passengers, including the driver, used for commuter ride sharing, must be operated either within the state's eight largest counties that are required to develop commute trip reduction plans as directed by chapter
70.94 RCW
(as recodified by this act) or in other counties, or cities and towns within those counties, that elect to adopt and implement a commute trip reduction plan. Additionally at least one of the following conditions must apply: (a) The vehicle must be operated by a public transportation agency for the general public; or (b) the vehicle must be used by a major employer, as defined in RCW
70.94.524 (as recodified by this act) as an element of its commute trip reduction program for their employees; or (c) the vehicle must be owned and operated by individual employees and must be registered either with the employer as part of its commute trip reduction program or with a public transportation agency serving the area where the employees live or work. Individual employee owned and operated motor vehicles will require certification that the vehicle is registered with a major employer or a public transportation agency. Major employers who own and operate motor vehicles for their employees must certify that the commuter ride-sharing arrangement conforms to a carpool/vanpool element contained within their commute trip reduction program.
Sec. 1473. RCW
82.08.810 and 1997 c 368 s 2 are each amended to read as follows:
(1) For the purposes of this section, "air pollution control facilities" mean any treatment works, control devices and disposal systems, machinery, equipment, structures, property, property improvements, and accessories, that are installed or acquired for the primary purpose of reducing, controlling, or disposing of industrial waste that, if released to the outdoor atmosphere, could cause air pollution, or that are required to meet regulatory requirements applicable to their construction, installation, or operation.
(2) The tax levied by RCW
82.08.020 does not apply to:
(a) Sales of tangible personal property to a light and power business, as defined in RCW
82.16.010, for construction or installation of air pollution control facilities at a thermal electric generation facility; or
(b) Sales of, cost of, or charges made for labor and services performed in respect to the construction or installation of air pollution control facilities.
(3) The exemption provided under this section applies only to sales, costs, or charges:
(a) Incurred for air pollution control facilities constructed or installed after May 15, 1997, and used in a thermal electric generation facility placed in operation after December 31, 1969, and before July 1, 1975;
(b) If the air pollution control facilities are constructed or installed to meet applicable regulatory requirements established under state or federal law, including the Washington clean air act, chapter
70.94 RCW
(as recodified by this act); and
(c) For which the purchaser provides the seller with an exemption certificate, signed by the purchaser or purchaser's agent, that includes a description of items or services for which payment is made, the amount of the payment, and such additional information as the department reasonably may require.
(4) This section does not apply to sales of tangible personal property purchased or to sales of, costs of, or charges made for labor and services used for maintenance or repairs of pollution control equipment.
(5) If production of electricity at a thermal electric generation facility for any calendar year after 2002 and before 2023 falls below a twenty percent annual capacity factor for the generation facility, all or a portion of the tax previously exempted under this section in respect to construction or installation of air pollution control facilities at the generation facility shall be due as follows:
| Portion of previously |
Year event occurs | exempted tax due |
2003 | | 100% | |
2004 | | 95% | |
2005 | | 90% | |
2006 | | 85% | |
2007 | | 80% | |
2008 | | 75% | |
2009 | | 70% | |
2010 | | 65% | |
2011 | | 60% | |
2012 | | 55% | |
2013 | | 50% | |
2014 | | 45% | |
2015 | | 40% | |
2016 | | 35% | |
2017 | | 30% | |
2018 | | 25% | |
2019 | | 20% | |
2020 | | 15% | |
2021 | | 10% | |
2022 | | 5% | |
2023 | | 0% | |
Sec. 1474. RCW
82.08.811 and 1997 c 368 s 4 are each amended to read as follows:
(1) For the purposes of this section:
(a) "Air pollution control facilities" means any treatment works, control devices and disposal systems, machinery, equipment, structure, property, property improvements, and accessories, that are installed or acquired for the primary purpose of reducing, controlling, or disposing of industrial waste that, if released to the outdoor atmosphere, could cause air pollution, or that are required to meet regulatory requirements applicable to their construction, installation, or operation; and
(b) "Generation facility" means a coal-fired thermal electric generation facility placed in operation after December 3, 1969, and before July 1, 1975.
(2) Beginning January 1, 1999, the tax levied by RCW
82.08.020 does not apply to sales of coal used to generate electric power at a generation facility operated by a business if the following conditions are met:
(a) The owners must make an application to the department of revenue for a tax exemption;
(b) The owners must make a demonstration to the department of ecology that the owners have made reasonable initial progress to install air pollution control facilities to meet applicable regulatory requirements established under state or federal law, including the Washington clean air act, chapter
70.94 RCW
(as recodified by this act);
(c) Continued progress must be made on the development of air pollution control facilities to meet the requirements of the permit; and
(d) The generation facility must emit no more than ten thousand tons of sulfur dioxide during a previous consecutive twelve-month period.
(3) During a consecutive twelve-month period, if the generation facility is found to be in violation of excessive sulfur dioxide emissions from a regional air pollution control authority or the department of ecology, the department of ecology shall notify the department of revenue and the owners of the generation facility shall lose their tax exemption under this section. The owners of a generation facility may reapply for the tax exemption when they have once again met the conditions of subsection (2)(d) of this section.
Sec. 1475. RCW
82.08.036 and 1989 c 431 s 45 are each amended to read as follows:
The tax levied by RCW
82.08.020 shall not apply to consideration: (1) Received as core deposits or credits in a retail or wholesale sale; or (2) received or collected upon the sale of a new replacement vehicle tire as a fee imposed under RCW
70.95.510 (as recodified by this act). For purposes of this section, the term "core deposits or credits" means the amount representing the value of returnable products such as batteries, starters, brakes, and other products with returnable value added for the purpose of recycling or remanufacturing.
Sec. 1476. RCW
82.08.998 and 2008 c 92 s 1 are each amended to read as follows:
(1) The tax imposed by RCW
82.08.020 does not apply to sales of tangible personal property used in the weatherization of a residence under the weatherization assistance program under chapter
70.164 RCW
(as recodified by this act). The exemption only applies to tangible personal property that becomes a component of the residence.
(2) The exemption is available only when the buyer provides the seller with an exemption certificate in a form and manner prescribed by the department. The seller must retain a copy of the certificate for the seller's files.
(3) "Residence" and "weatherization" have the meanings provided in RCW
70.164.020 (as recodified by this act).
Sec. 1477. RCW
82.12.0282 and 2014 c 97 s 504 are each amended to read as follows:
(1) The tax imposed by this chapter does not apply with respect to the use of passenger motor vehicles used primarily for commuter ride sharing or ride sharing for persons with special transportation needs, as defined in RCW
46.74.010, if the vehicles are used as ride-sharing vehicles for thirty-six consecutive months beginning with the date of first use.
(2) To qualify for the tax exemption, those passenger motor vehicles with five or six passengers, including the driver, used for commuter ride sharing, must be operated either within the state's eight largest counties that are required to develop commute trip reduction plans as directed by chapter
70.94 RCW
(as recodified by this act) or in other counties, or cities and towns within those counties, that elect to adopt and implement a commute trip reduction plan. Additionally at least one of the following conditions must apply: (a) The vehicle must be operated by a public transportation agency for the general public; or (b) the vehicle must be used by a major employer, as defined in RCW
70.94.524 (as recodified by this act) as an element of its commute trip reduction program for their employees; or (c) the vehicle must be owned and operated by individual employees and must be registered either with the employer as part of its commute trip reduction program or with a public transportation agency serving the area where the employees live or work. Individual employee owned and operated motor vehicles will require certification that the vehicle is registered with a major employer or a public transportation agency. Major employers who own and operate motor vehicles for their employees must certify that the commuter ride-sharing arrangement conforms to a carpool/vanpool element contained within their commute trip reduction program.
Sec. 1478. RCW
82.12.038 and 1989 c 431 s 46 are each amended to read as follows:
The provisions of this chapter shall not apply: (1) To the value of core deposits or credits in a retail or wholesale sale; or (2) to the fees imposed under RCW
70.95.510 (as recodified by this act) upon the sale of a new replacement vehicle tire. For purposes of this section, the term "core deposits or credits" means the amount representing the value of returnable products such as batteries, starters, brakes, and other products with returnable value added for the purpose of recycling or remanufacturing.
Sec. 1479. RCW
82.12.810 and 2003 c 5 s 12 are each amended to read as follows:
(1) For the purposes of this section, "air pollution control facilities" mean any treatment works, control devices and disposal systems, machinery, equipment, structures, property, property improvements, and accessories, that are installed or acquired for the primary purpose of reducing, controlling, or disposing of industrial waste that, if released to the outdoor atmosphere, could cause air pollution, or that are required to meet regulatory requirements applicable to their construction, installation, or operation.
(2) The provisions of this chapter do not apply in respect to:
(a) The use of air pollution control facilities installed and used by a light and power business, as defined in RCW
82.16.010, in generating electric power; or
(b) The use of labor and services performed in respect to the installing of air pollution control facilities.
(3) The exemption provided under this section applies only to air pollution control facilities that are:
(a) Constructed or installed after May 15, 1997, and used in a thermal electric generation facility placed in operation after December 31, 1969, and before July 1, 1975; and
(b) Constructed or installed to meet applicable regulatory requirements established under state or federal law, including the Washington clean air act, chapter
70.94 RCW
(as recodified by this act).
(4) This section does not apply to the use of tangible personal property for maintenance or repairs of the pollution control equipment or to labor and services performed in respect to such maintenance or repairs.
(5) If production of electricity at a thermal electric generation facility for any calendar year after 2002 and before 2023 falls below a twenty percent annual capacity factor for the generation facility, all or a portion of the tax previously exempted under this section in respect to construction or installation of air pollution control facilities at the generation facility shall be due according to the schedule provided in RCW
82.08.810(5).
Sec. 1480. RCW
82.12.811 and 1997 c 368 s 6 are each amended to read as follows:
(1) For the purposes of this section:
(a) "Air pollution control facilities" means any treatment works, control devices and disposal systems, machinery, equipment, structure, property, property improvements, and accessories, that are installed or acquired for the primary purpose of reducing, controlling, or disposing of industrial waste that, if released to the outdoor atmosphere, could cause air pollution, or that are required to meet regulatory requirements applicable to their construction, installation, or operation; and
(b) "Generation facility" means a coal-fired thermal electric generation facility placed in operation after December 3, 1969, and before July 1, 1975.
(2) Beginning January 1, 1999, the provisions of this chapter do not apply in respect to the use of coal to generate electric power at a generation facility operated by a business if the following conditions are met:
(a) The owners must make an application to the department of revenue for a tax exemption;
(b) The owners must make a demonstration to the department of ecology that the owners have made reasonable initial progress to install air pollution control facilities to meet applicable regulatory requirements established under state or federal law, including the Washington clean air act, chapter
70.94 RCW
(as recodified by this act);
(c) Continued progress must be made on the development of air pollution control facilities to meet the requirements of the permit; and
(d) The generation facility must emit no more than ten thousand tons of sulfur dioxide during a previous consecutive twelve-month period.
(3) During a consecutive twelve-month period, if the generation facility is found to be in violation of excessive sulfur dioxide emissions from a regional air pollution control authority or the department of ecology, the department of ecology shall notify the department of revenue and the owners of the generation facility shall lose their tax exemption under this section. The owners of a generation facility may reapply for the tax exemption when they have once again met the conditions of subsection (2)(d) of this section.
Sec. 1481. RCW
82.12.998 and 2008 c 92 s 2 are each amended to read as follows:
(1) The provisions of this chapter do not apply to the use of tangible personal property used in the weatherization of a residence under the weatherization assistance program under chapter
70.164 RCW
(as recodified by this act). The exemption only applies to tangible personal property that becomes a component of the residence.
(2) "Residence" and "weatherization" have the meanings provided in RCW
70.164.020 (as recodified by this act).
Sec. 1482. RCW
82.19.040 and 2019 c 415 s 989 are each amended to read as follows:
(1) To the extent applicable, all of the definitions of chapter
82.04 RCW and all of the provisions of chapter
82.32 RCW apply to the tax imposed in this chapter.
(2) Beginning June 30, 2019, taxes collected under this chapter shall be deposited in the waste reduction, recycling, and litter control account under RCW
70.93.180 (as recodified by this act), except that until June 30, 2021, one million two hundred fifty thousand dollars per fiscal year must be deposited in equal monthly amounts in the state parks renewal and stewardship account, with the remainder deposited in the waste reduction, recycling, and litter control account. It is the intent of the legislature to continue this policy in the ensuing biennium.
Sec. 1483. RCW
82.21.030 and 2019 c 422 s 201 are each amended to read as follows:
(1)(a) A tax is imposed on the privilege of possession of hazardous substances in this state. Except as provided in (b) of this subsection, the rate of the tax is seven-tenths of one percent multiplied by the wholesale value of the substance. Moneys collected under this subsection (1)(a) must be deposited in the model toxics control capital account.
(b) Beginning July 1, 2019, the rate of the tax on petroleum products is one dollar and nine cents per barrel. The tax collected under this subsection (1)(b) on petroleum products must be deposited as follows, after first depositing the tax as provided in (c) of this subsection (1):
(i) Sixty percent to the model toxics control operating account created under RCW
70.105D.190 (as recodified by this act);
(ii) Twenty-five percent to the model toxics control capital account created under RCW
70.105D.200 (as recodified by this act); and
(iii) Fifteen percent to the model toxics control stormwater account created under RCW
70.105D.210 (as recodified by this act).
(c) Until the beginning of the ensuing biennium after the enactment of an additive transportation funding act, fifty million dollars per biennium to the motor vehicle fund to be used exclusively for transportation stormwater activities and projects. For purposes of this subsection, "additive transportation funding act" means an act in which the combined total of new revenues deposited into the motor vehicle fund and the multimodal transportation account exceed two billion dollars per biennium attributable solely to an increase in revenue from the enactment of the act.
(d) The department must compile a list of petroleum products that are not easily measured on a per barrel basis. Petroleum products identified on the list are subject to the rate under (a) of this subsection in lieu of the volumetric rate under (b) of this subsection. The list will be made in a form and manner prescribed by the department and must be made available on the department's internet web site. In compiling the list, the department may accept technical assistance from persons that sell, market, or distribute petroleum products and consider any other resource the department finds useful in compiling the list.
(2) Chapter
82.32 RCW applies to the tax imposed in this chapter. The tax due dates, reporting periods, and return requirements applicable to chapter
82.04 RCW apply equally to the tax imposed in this chapter.
(3) Beginning July 1, 2020, and every July 1st thereafter, the rate specified in subsection (1)(b) of this section must be adjusted to reflect the percentage change in the implicit price deflator for nonresidential structures as published by the United States department of commerce, bureau of economic analysis for the most recent twelve-month period ending December 31st of the prior year.
Sec. 1484. RCW
82.23A.020 and 2016 c 161 s 18 are each amended to read as follows:
(1) A tax is imposed on the privilege of possession of petroleum products in this state. The rate of the tax shall be thirty one-hundredths of one percent multiplied by the wholesale value of the petroleum product. After July 1, 2021, the rate of tax is fifteen one-hundredths of one percent multiplied by the wholesale value of the petroleum product. For purposes of determining the tax imposed under this section for petroleum products introduced at the rack, the wholesale value is determined when the petroleum product is removed at the rack unless the removal is to an exporter licensed under chapter
82.38 RCW for direct delivery to a destination outside of the state. For all other cases, the wholesale value is determined upon the first nonbulk possession in the state.
(2) Except as identified in RCW
70.340.130 (as recodified by this act), moneys collected under this chapter shall be deposited in the pollution liability insurance program trust account under RCW
70.148.020 (as recodified by this act).
(3) Chapter
82.32 RCW applies to the tax imposed in this chapter. The tax due dates, reporting periods, and return requirements applicable to chapter
82.04 RCW apply equally to the tax imposed in this chapter.
(4) Within thirty days after the end of each calendar quarter the department shall determine the "quarterly balance," which shall be the cash balance in the pollution liability insurance program trust account as of the last day of that calendar quarter, after excluding the reserves determined for that quarter under RCW
70.148.020(2)
(as recodified by this act). Balance determinations by the department under this section are final and shall not be used to challenge the validity of any tax imposed under this section. For each subsequent calendar quarter, tax shall be imposed under this section during the entire calendar quarter unless:
(a) Tax was imposed under this section during the immediately preceding calendar quarter, and the most recent quarterly balance is more than fifteen million dollars; or
(b) Tax was not imposed under this section during the immediately preceding calendar quarter, and the most recent quarterly balance is more than seven million five hundred thousand dollars.
Sec. 1485. RCW
82.23A.902 and 2016 c 161 s 19 are each amended to read as follows:
This chapter expires July 1, 2030, coinciding with the expiration of chapter
70.148 RCW
(as recodified by this act).
Sec. 1486. RCW
82.34.030 and 1967 ex.s. c 139 s 3 are each amended to read as follows:
A certificate shall be issued by the department within thirty days after approval of the application by the appropriate control agency. Such approval shall be given when it is determined that the facility is designed and is operated or is intended to be operated primarily for the control, capture and removal of pollutants from the air or for the control and reduction of water pollution and that the facility is suitable, reasonably adequate, and meets the intent and purposes of chapter
70.94 RCW
(as recodified by this act) or chapter
90.48 RCW, as the case may be, and it shall notify the department of its findings within thirty days of the date on which the application was submitted to it for approval. In making such determination, the appropriate control agency shall afford to the applicant an opportunity for a hearing: PROVIDED, That if the local or regional air pollution control agency fails to act or if the applicant feels aggrieved by the action of the local or regional air pollution control agency, such applicant may appeal to the state air pollution control board pursuant to rules and regulations established by that board.
Sec. 1487. RCW
82.34.100 and 1998 c 9 s 1 are each amended to read as follows:
(1) The department of ecology, after notice to the department and the applicant and after affording the applicant an opportunity for a hearing, shall, on its own initiative or on complaint of the local or regional air pollution control agency in which an air pollution control facility is located, or is expected to be located, revise the prior findings of the appropriate control agency whenever any of the following appears:
(a) The certificate or supplement thereto was obtained by fraud or misrepresentation, or the holder of the certificate has failed substantially without good cause to proceed with the construction, reconstruction, installation or acquisition of a facility or without good cause has failed substantially to operate the facility for the purpose specified by the appropriate control agency in which case the department shall modify or revoke the certificate. If the certificate and/or supplement are revoked, all applicable taxes from which an exemption has been secured under this chapter or against which the credit provided for by this chapter has been claimed shall be immediately due and payable with the maximum interest and penalties prescribed by applicable law. No statute of limitations shall operate in the event of fraud or misrepresentation.
(b) The facility covered by the certificate or supplement thereto is no longer operated primarily for the purpose of the control or reduction of water pollution or the control, capture, and removal of pollutants from the air, as the case may be, or is no longer suitable or reasonably adequate to meet the intent and purposes of chapter
70.94 RCW
(as recodified by this act) or chapter
90.48 RCW, in which case the certificate shall be modified or revoked.
(2) A certificate, or supplement thereto, issued pursuant to RCW
82.34.030 may not be revoked if:
(a) The facility is modified, but is still operated primarily for the purpose of the control or reduction of water pollution or the control, capture, and removal of pollutants from the air and is reasonably adequate to meet the intent and purposes of chapter
70.94 (as recodified by this act) or
90.48 RCW;
(b) The facility is replaced by a new or different facility that is still operated primarily for the purpose of the control or reduction of water pollution or the control, capture, and removal of pollutants from the air and is reasonably adequate to meet the intent and purposes of chapter
70.94 (as recodified by this act) or
90.48 RCW;
(c) The facility is modified or removed as a result of an alteration of the production process and the alteration results in reasonably adequate compliance with the intent and purposes of chapter
70.94 (as recodified by this act) or
90.48 RCW;
(d) The industrial, manufacturing, waste disposal, utility, or other commercial establishment in which the facility was installed ceases operations and the cessation of operation results in reasonably adequate compliance with the intent and purposes of chapter
70.94 (as recodified by this act) or
90.48 RCW;
(e) Part of an industrial, manufacturing, waste disposal, utility, or other commercial establishment in which the facility was installed ceases operations and the cessation of operation results in reasonably adequate compliance with the intent and purposes of chapter
70.94 (as recodified by this act) or
90.48 RCW; or
(f) The industrial, manufacturing, waste disposal, utility, or other commercial establishment in which the facility was installed is altered and the alteration results in reasonably adequate compliance with the intent and purposes of chapter
70.94 (as recodified by this act) or
90.48 RCW.
(3) Upon the date of mailing by certified mail to the certificate holder of notice of the action of the department modifying or revoking a certificate or supplement, the certificate or supplement shall cease to be in force or shall remain in force only as modified.
Sec. 1488. RCW
82.44.015 and 2014 c 97 s 502 are each amended to read as follows:
(1) Passenger motor vehicles used primarily for commuter ride sharing and ride sharing for persons with special transportation needs, as defined in RCW
46.74.010, are not subject to the motor vehicle excise tax authorized under this chapter if the vehicles are used as ride-sharing vehicles for thirty-six consecutive months beginning from the date of purchase.
(2) To qualify for the motor vehicle excise tax exemption for commuter ride-sharing vehicles, passenger motor vehicles must:
(a) Have a seating capacity of five or six passengers, including the driver;
(b) Be used for commuter ride sharing;
(c) Be operated either within:
(i) The state's eight largest counties that are required to develop commute trip reduction plans as directed by chapter
70.94 RCW
(as recodified by this act); or
(ii) In other counties, or cities and towns within those counties, that elect to adopt and implement a commute trip reduction plan; and
(d) Meet at least one of the following conditions:
(i) The vehicle must be operated by a public transportation agency for the general public;
(ii) The vehicle must be used by a major employer, as defined in RCW
70.94.524 (as recodified by this act) as an element of its commute trip reduction program for their employees; or
(iii) The vehicle must be owned and operated by individual employees and must be registered either with the employer as part of its commute trip reduction program or with a public transportation agency serving the area where the employees live or work. Individual employee owned and operated motor vehicles will require certification that the vehicle is registered with a major employer or a public transportation agency. Major employers who own and operate motor vehicles for their employees must certify that the commuter ride-sharing arrangement conforms to a carpool/vanpool element contained within their commute trip reduction program.
(3) The registered owner of a passenger motor vehicle described in subsection (2) of this section:
(a) Shall notify the department upon the termination of the primary use of the vehicle in commuter ride sharing or ride sharing for persons with special transportation needs; and
(b) Is liable for the motor vehicle excise tax imposed under this chapter, prorated on the remaining months for which the vehicle is registered.
Sec. 1489. RCW
88.40.011 and 2015 c 274 s 9 are each reenacted and amended to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Barge" means a vessel that is not self-propelled.
(2) "Bulk" means material that is stored or transported in a loose, unpackaged liquid, powder, or granular form capable of being conveyed by a pipe, bucket, chute, or belt system.
(3) "Cargo vessel" means a self-propelled ship in commerce, other than a tank vessel, fishing vessel, or a passenger vessel, of three hundred or more gross tons.
(4) "Covered vessel" means a tank vessel, cargo vessel, or passenger vessel.
(5) "Department" means the department of ecology.
(6) "Director" means the director of the department of ecology.
(7)(a) "Facility" means any structure, group of structures, equipment, pipeline, or device, other than a vessel, located on or near the navigable waters of the state that transfers oil in bulk to or from any vessel with an oil carrying capacity over two hundred fifty barrels or pipeline, that is used for producing, storing, handling, transferring, processing, or transporting oil in bulk.
(b) A facility does not include any: (i) Railroad car, motor vehicle, or other rolling stock while transporting oil over the highways or rail lines of this state; (ii) retail motor vehicle motor fuel outlet; (iii) facility that is operated as part of an exempt agricultural activity as provided in RCW
82.04.330; (iv) underground storage tank regulated by the department or a local government under chapter
90.76 RCW
(as recodified by this act); or (v) marine fuel outlet that does not dispense more than three thousand gallons of fuel to a ship that is not a covered vessel, in a single transaction.
(8) "Fishing vessel" means a self-propelled commercial vessel of three hundred or more gross tons that is used for catching or processing fish.
(9) "Gross tons" means tonnage as determined by the United States coast guard under 33 C.F.R. section 138.30.
(10) "Hazardous substances" means any substance listed as of March 1, 2003, in Table 302.4 of 40 C.F.R. Part 302 adopted under section 102(a) of the federal comprehensive environmental response, compensation, and liability act of 1980, as amended by P.L. 99-499. The following are not hazardous substances for purposes of this chapter:
(a) Wastes listed as F001 through F028 in Table 302.4; and
(b) Wastes listed as K001 through K136 in Table 302.4.
(11) "Navigable waters of the state" means those waters of the state, and their adjoining shorelines, that are subject to the ebb and flow of the tide and/or are presently used, have been used in the past, or may be susceptible for use to transport intrastate, interstate, or foreign commerce.
(12) "Offshore facility" means any facility located in, on, or under any of the navigable waters of the state, but does not include a facility any part of which is located in, on, or under any land of the state, other than submerged land.
(13) "Oil" or "oils" means oil of any kind that is liquid at twenty-five degrees Celsius and one atmosphere of pressure and any fractionation thereof, including, but not limited to, crude oil, bitumen, synthetic crude oil, natural gas well condensate, petroleum, gasoline, fuel oil, diesel oil, biological oils and blends, oil sludge, oil refuse, and oil mixed with wastes other than dredged spoil. Oil does not include any substance listed as of March 1, 2003, in Table 302.4 of 40 C.F.R. Part 302 adopted under section 102(a) of the federal comprehensive environmental response, compensation, and liability act of 1980, as amended by P.L. 99-499.
(14) "Onshore facility" means any facility any part of which is located in, on, or under any land of the state, other than submerged land, that because of its location, could reasonably be expected to cause substantial harm to the environment by discharging oil into or on the navigable waters of the state or the adjoining shorelines.
(15)(a) "Owner or operator" means (i) in the case of a vessel, any person owning, operating, or chartering by demise, the vessel; (ii) in the case of an onshore or offshore facility, any person owning or operating the facility; and (iii) in the case of an abandoned vessel or onshore or offshore facility, the person who owned or operated the vessel or facility immediately before its abandonment.
(b) "Operator" does not include any person who owns the land underlying a facility if the person is not involved in the operations of the facility.
(16) "Passenger vessel" means a ship of three hundred or more gross tons with a fuel capacity of at least six thousand gallons carrying passengers for compensation.
(17) "Ship" means any boat, ship, vessel, barge, or other floating craft of any kind.
(18) "Spill" means an unauthorized discharge of oil into the waters of the state.
(19) "Tank vessel" means a ship that is constructed or adapted to carry, or that carries, oil in bulk as cargo or cargo residue, and that:
(a) Operates on the waters of the state; or
(b) Transfers oil in a port or place subject to the jurisdiction of this state.
(20) "Waters of the state" includes lakes, rivers, ponds, streams, inland waters, underground water, salt waters, estuaries, tidal flats, beaches and lands adjoining the seacoast of the state, sewers, and all other surface waters and watercourses within the jurisdiction of the state of Washington.
Sec. 1490. RCW
88.46.010 and 2015 c 274 s 2 are each amended to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Best achievable protection" means the highest level of protection that can be achieved through the use of the best achievable technology and those staffing levels, training procedures, and operational methods that provide the greatest degree of protection achievable. The director's determination of best achievable protection shall be guided by the critical need to protect the state's natural resources and waters, while considering:
(a) The additional protection provided by the measures;
(b) The technological achievability of the measures; and
(c) The cost of the measures.
(2)(a) "Best achievable technology" means the technology that provides the greatest degree of protection taking into consideration:
(i) Processes that are being developed, or could feasibly be developed, given overall reasonable expenditures on research and development; and
(ii) Processes that are currently in use.
(b) In determining what is best achievable technology, the director shall consider the effectiveness, engineering feasibility, and commercial availability of the technology.
(3) "Bulk" means material that is stored or transported in a loose, unpackaged liquid, powder, or granular form capable of being conveyed by a pipe, bucket, chute, or belt system.
(4) "Cargo vessel" means a self-propelled ship in commerce, other than a tank vessel or a passenger vessel, of three hundred or more gross tons, including but not limited to, commercial fish processing vessels and freighters.
(5) "Covered vessel" means a tank vessel, cargo vessel, or passenger vessel.
(6) "Department" means the department of ecology.
(7) "Director" means the director of the department of ecology.
(8) "Discharge" means any spilling, leaking, pumping, pouring, emitting, emptying, or dumping.
(9)(a) "Facility" means any structure, group of structures, equipment, pipeline, or device, other than a vessel, located on or near the navigable waters of the state that transfers oil in bulk to or from a tank vessel or pipeline, that is used for producing, storing, handling, transferring, processing, or transporting oil in bulk.
(b) For the purposes of oil spill contingency planning in RCW
90.56.210, facility also means a railroad that is not owned by the state that transports oil as bulk cargo.
(c) Except as provided under (b) of this subsection, a facility does not include any: (i) Railroad car, motor vehicle, or other rolling stock while transporting oil over the highways or rail lines of this state; (ii) retail motor vehicle motor fuel outlet; (iii) facility that is operated as part of an exempt agricultural activity as provided in RCW
82.04.330; (iv) underground storage tank regulated by the department or a local government under chapter
90.76 RCW
(as recodified by this act); or (v) marine fuel outlet that does not dispense more than three thousand gallons of fuel to a ship that is not a covered vessel, in a single transaction.
(10) "Marine facility" means any facility used for tank vessel wharfage or anchorage, including any equipment used for the purpose of handling or transferring oil in bulk to or from a tank vessel.
(11) "Navigable waters of the state" means those waters of the state, and their adjoining shorelines, that are subject to the ebb and flow of the tide and/or are presently used, have been used in the past, or may be susceptible for use to transport intrastate, interstate, or foreign commerce.
(12) "Offshore facility" means any facility located in, on, or under any of the navigable waters of the state, but does not include a facility any part of which is located in, on, or under any land of the state, other than submerged land. "Offshore facility" does not include a marine facility.
(13) "Oil" or "oils" means oil of any kind that is liquid at twenty-five degrees Celsius and one atmosphere of pressure and any fractionation thereof, including, but not limited to, crude oil, bitumen, synthetic crude oil, natural gas well condensate, petroleum, gasoline, fuel oil, diesel oil, biological oils and blends, oil sludge, oil refuse, and oil mixed with wastes other than dredged spoil. Oil does not include any substance listed in Table 302.4 of 40 C.F.R. Part 302 adopted August 14, 1989, under section 102(a) of the federal comprehensive environmental response, compensation, and liability act of 1980, as amended by P.L. 99-499.
(14) "Onshore facility" means any facility any part of which is located in, on, or under any land of the state, other than submerged land, that because of its location, could reasonably be expected to cause substantial harm to the environment by discharging oil into or on the navigable waters of the state or the adjoining shorelines.
(15)(a) "Owner or operator" means (i) in the case of a vessel, any person owning, operating, or chartering by demise, the vessel; (ii) in the case of an onshore or offshore facility, any person owning or operating the facility; and (iii) in the case of an abandoned vessel or onshore or offshore facility, the person who owned or operated the vessel or facility immediately before its abandonment.
(b) "Operator" does not include any person who owns the land underlying a facility if the person is not involved in the operations of the facility.
(16) "Passenger vessel" means a ship of three hundred or more gross tons with a fuel capacity of at least six thousand gallons carrying passengers for compensation.
(17) "Person" means any political subdivision, government agency, municipality, industry, public or private corporation, copartnership, association, firm, individual, or any other entity whatsoever.
(18) "Race Rocks light" means the nautical landmark located southwest of the city of Victoria, British Columbia.
(19) "Regional vessels of opportunity response group" means a group of nondedicated vessels participating in a vessels of opportunity response system to respond when needed and available to spills in a defined geographic area.
(20) "Severe weather conditions" means observed nautical conditions with sustained winds measured at forty knots and wave heights measured between twelve and eighteen feet.
(21) "Ship" means any boat, ship, vessel, barge, or other floating craft of any kind.
(22) "Spill" means an unauthorized discharge of oil into the waters of the state.
(23) "Strait of Juan de Fuca" means waters off the northern coast of the Olympic Peninsula seaward of a line drawn from New Dungeness light in Clallam county to Discovery Island light on Vancouver Island, British Columbia, Canada.
(24) "Tank vessel" means a ship that is constructed or adapted to carry, or that carries, oil in bulk as cargo or cargo residue, and that:
(a) Operates on the waters of the state; or
(b) Transfers oil in a port or place subject to the jurisdiction of this state.
(25) "Umbrella plan holder" means a nonprofit corporation established consistent with this chapter for the purposes of providing oil spill response and contingency plan coverage.
(26) "Vessel emergency" means a substantial threat of pollution originating from a covered vessel, including loss or serious degradation of propulsion, steering, means of navigation, primary electrical generating capability, and seakeeping capability.
(27) "Vessels of opportunity response system" means nondedicated boats and operators, including fishing and other vessels, that are under contract with and equipped by contingency plan holders to assist with oil spill response activities, including on-water oil recovery in the nearshore environment and the placement of oil spill containment booms to protect sensitive habitats.
(28) "Volunteer coordination system" means an oil spill response system that, before a spill occurs, prepares for the coordination of volunteers to assist with appropriate oil spill response activities, which may include shoreline protection and cleanup, wildlife recovery, field observation, light construction, facility maintenance, donations management, clerical support, and other aspects of a spill response.
(29) "Waters of the state" includes lakes, rivers, ponds, streams, inland waters, underground water, salt waters, estuaries, tidal flats, beaches and lands adjoining the seacoast of the state, sewers, and all other surface waters and watercourses within the jurisdiction of the state of Washington.
(30) "Worst case spill" means: (a) In the case of a vessel, a spill of the entire cargo and fuel of the vessel complicated by adverse weather conditions; and (b) in the case of an onshore or offshore facility, the largest foreseeable spill in adverse weather conditions.
Sec. 1491. RCW
90.03.383 and 1991 c 350 s 1 are each amended to read as follows:
(1) The legislature recognizes the value of interties for improving the reliability of public water systems, enhancing their management, and more efficiently utilizing the increasingly limited resource. Given the continued growth in the most populous areas of the state, the increased complexity of public water supply management, and the trend toward regional planning and regional solutions to resource issues, interconnections of public water systems through interties provide a valuable tool to ensure reliable public water supplies for the citizens of the state. Public water systems have been encouraged in the past to utilize interties to achieve public health and resource management objectives. The legislature finds that it is in the public interest to recognize interties existing and in use as of January 1, 1991, and to have associated water rights modified by the department of ecology to reflect current use of water through those interties, pursuant to subsection (3) of this section. The legislature further finds it in the public interest to develop a coordinated process to review proposals for interties commencing use after January 1, 1991.
(2) For the purposes of this section, the following definitions shall apply:
(a) "Interties" are interconnections between public water systems permitting exchange or delivery of water between those systems for other than emergency supply purposes, where such exchange or delivery is within established instantaneous and annual withdrawal rates specified in the systems' existing water right permits or certificates, or contained in claims filed pursuant to chapter
90.14 RCW, and which results in better management of public water supply consistent with existing rights and obligations. Interties include interconnections between public water systems permitting exchange or delivery of water to serve as primary or secondary sources of supply, but do not include development of new sources of supply to meet future demand.
(b) "Service area" is the area designated in a water system plan or a coordinated water system plan pursuant to chapter
43.20 or
70.116 RCW
(as recodified by this act) respectively. When a public water system does not have a designated service area subject to the approval process of those chapters, the service area shall be the designated place of use contained in the water right permit or certificate, or contained in the claim filed pursuant to chapter
90.14 RCW.
(3) Public water systems with interties existing and in use as of January 1, 1991, or that have received written approval from the department of health prior to that date, shall file written notice of those interties with the department of health and the department of ecology. The notice may be incorporated into the public water system's five-year update of its water system plan, but shall be filed no later than June 30, 1996. The notice shall identify the location of the intertie; the dates of its first use; the purpose, capacity, and current use; the intertie agreement of the parties and the service areas assigned; and other information reasonably necessary to modify the water right permit. Notwithstanding the provisions of RCW
90.03.380 and
90.44.100, for public water systems with interties existing and in use as of January 1, 1991, the department of ecology, upon receipt of notice meeting the requirements of this subsection, shall, as soon as practicable, modify the place of use descriptions in the water right permits, certificates, or claims to reflect the actual use through such interties, provided that the place of use is within service area designations established in a water system plan approved pursuant to chapter
43.20 RCW, or a coordinated water system plan approved pursuant to chapter
70.116 RCW
(as recodified by this act), and further provided that the water used is within the instantaneous and annual withdrawal rates specified in the water right permit and that no outstanding complaints of impairment to existing water rights have been filed with the department of ecology prior to September 1, 1991. Where such complaints of impairment have been received, the department of ecology shall make all reasonable efforts to resolve them in a timely manner through agreement of the parties or through available administrative remedies.
(4) Notwithstanding the provisions of RCW
90.03.380 and
90.44.100, exchange or delivery of water through interties commencing use after January 1, 1991, shall be permitted when the intertie improves overall system reliability, enhances the manageability of the systems, provides opportunities for conjunctive use, or delays or avoids the need to develop new water sources, and otherwise meets the requirements of this section, provided that each public water system's water use shall not exceed the instantaneous or annual withdrawal rate specified in its water right authorization, shall not adversely affect existing water rights, and shall not be inconsistent with state-approved plans such as water system plans or other plans which include specific proposals for construction of interties. Interties commencing use after January 1, 1991, shall not be inconsistent with regional water resource plans developed pursuant to chapter
90.54 RCW.
(5) For public water systems subject to the approval process of chapter
43.20 RCW or chapter
70.116 RCW
(as recodified by this act), proposals for interties commencing use after January 1, 1991, shall be incorporated into water system plans pursuant to chapter
43.20 RCW or coordinated water system plans pursuant to chapter
70.116 RCW
(as recodified by this act) and submitted to the department of health and the department of ecology for review and approval as provided for in subsections (5) through (9) of this section. The plan shall state how the proposed intertie will improve overall system reliability, enhance the manageability of the systems, provide opportunities for conjunctive use, or delay or avoid the need to develop new water sources.
(6) The department of health shall be responsible for review and approval of proposals for new interties. In its review the department of health shall determine whether the intertie satisfies the criteria of subsection (4) of this section, with the exception of water rights considerations, which are the responsibility of the department of ecology, and shall determine whether the intertie is necessary to address emergent public health or safety concerns associated with public water supply.
(7) If the intertie is determined by the department of health to be necessary to address emergent public health or safety concerns associated with public water supply, the public water system shall amend its water system plan as required and shall file an application with the department of ecology to change its existing water right to reflect the proposed use of the water as described in the approved water system plan. The department of ecology shall process the application for change pursuant to RCW
90.03.380 or
90.44.100 as appropriate, except that, notwithstanding the requirements of those sections regarding notice and protest periods, applicants shall be required to publish notice one time, and the comment period shall be fifteen days from the date of publication of the notice. Within sixty days of receiving the application, the department of ecology shall issue findings and advise the department of health if existing water rights are determined to be adversely affected. If no determination is provided by the department of ecology within the sixty-day period, the department of health shall proceed as if existing rights are not adversely affected by the proposed intertie. The department of ecology may obtain an extension of the sixty-day period by submitting written notice to the department of health and to the applicant indicating a definite date by which its determination will be made. No additional extensions shall be granted, and in no event shall the total review period for the department of ecology exceed one hundred eighty days.
(8) If the department of health determines the proposed intertie appears to meet the requirements of subsection (4) of this section but is not necessary to address emergent public health or safety concerns associated with public water supply, the department of health shall instruct the applicant to submit to the department of ecology an application for change to the underlying water right or claim as necessary to reflect the new place of use. The department of ecology shall consider the applications pursuant to the provisions of RCW
90.03.380 and
90.44.100 as appropriate. If in its review of proposed interties and associated water rights the department of ecology determines that additional information is required to act on the application, the department may request applicants to provide information necessary for its decision, consistent with agency rules and written guidelines. Parties disagreeing with the decision of the department of ecology on the application for change in place of use may appeal the decision to the pollution control hearings board.
(9) The department of health may approve plans containing intertie proposals prior to the department of ecology's decision on the water right application for change in place of use. However, notwithstanding such approval, construction work on the intertie shall not begin until the department of ecology issues the appropriate water right document to the applicant consistent with the approved plan.
Sec. 1492. RCW
90.03.386 and 2003 1st sp.s. c 5 s 5 are each amended to read as follows:
(1) Within service areas established pursuant to chapter
43.20 or
70.116 RCW
(as recodified by this act), the department of ecology and the department of health shall coordinate approval procedures to ensure compliance and consistency with the approved water system plan or small water system management program.
(2) The effect of the department of health's approval of a planning or engineering document that describes a municipal water supplier's service area under chapter
43.20 RCW, or the local legislative authority's approval of service area boundaries in accordance with procedures adopted pursuant to chapter
70.116 RCW
(as recodified by this act), is that the place of use of a surface water right or groundwater right used by the supplier includes any portion of the approved service area that was not previously within the place of use for the water right if the supplier is in compliance with the terms of the water system plan or small water system management program, including those regarding water conservation, and the alteration of the place of use is not inconsistent, regarding an area added to the place of use, with: Any comprehensive plans or development regulations adopted under chapter
36.70A RCW; any other applicable comprehensive plan, land use plan, or development regulation adopted by a city, town, or county; or any watershed plan approved under chapter
90.82 RCW, or a comprehensive watershed plan adopted under RCW
90.54.040(1) after September 9, 2003, if such a watershed plan has been approved for the area.
(3) A municipal water supplier must implement cost-effective water conservation in accordance with the requirements of RCW
70.119A.180 (as recodified by this act) as part of its approved water system plan or small water system management program. In preparing its regular water system plan update, a municipal water supplier with one thousand or more service connections must describe: (a) The projects, technologies, and other cost-effective measures that comprise its water conservation program; (b) improvements in the efficiency of water system use resulting from implementation of its conservation program over the previous six years; and (c) projected effects of delaying the use of existing inchoate rights over the next six years through the addition of further cost-effective water conservation measures before it may divert or withdraw further amounts of its inchoate right for beneficial use. When establishing or extending a surface or ground water right construction schedule under RCW
90.03.320, the department must take into consideration the public water system's use of conserved water.
Sec. 1493. RCW
90.03.570 and 2003 1st sp.s. c 5 s 14 are each amended to read as follows:
(1) An unperfected surface water right for municipal water supply purposes or a portion thereof held by a municipal water supplier may be changed or transferred in the same manner as provided by RCW
90.03.380 for any purpose if:
(a) The supplier is in compliance with the terms of an approved water system plan or small water system management program under chapter
43.20 or
70.116 RCW
(as recodified by this act) that applies to the supplier, including those regarding water conservation;
(b) Instream flows have been established by rule for the water resource inventory area, as established in chapter 173-500 WAC as it exists on September 9, 2003, that is the source of the water for the transfer or change;
(c) A watershed plan has been approved for the water resource inventory area referred to in (b) of this subsection under chapter
90.82 RCW and a detailed implementation plan has been completed that satisfies the requirements of RCW
90.82.043 or a watershed plan has been adopted after September 9, 2003, for that water resource inventory area under RCW
90.54.040(1) and a detailed implementation plan has been completed that satisfies the requirements of RCW
90.82.043; and
(d) Streamflows that satisfy the instream flows referred to in (b) of this subsection are met or the milestones for satisfying those instream flows required under (c) of this subsection are being met.
(2) If the criteria listed in subsection (1)(a) through (d) of this section are not satisfied, an unperfected surface water right for municipal water supply purposes or a portion thereof held by a municipal water supplier may nonetheless be changed or transferred in the same manner as provided by RCW
90.03.380 if the change or transfer is:
(a) To provide water for an instream flow requirement that has been established by the department by rule;
(b) Subject to streamflow protection or restoration requirements contained in: A federally approved habitat conservation plan under the federal endangered species act, 16 U.S.C. Sec. 1531 et seq., a hydropower license of the federal energy regulatory commission, or a watershed agreement established under RCW
90.03.590;
(c) For a water right that is subject to instream flow requirements or agreements with the department and the change or transfer is also subject to those instream flow requirements or agreements; or
(d) For resolving or alleviating a public health or safety emergency caused by a failing public water supply system currently providing potable water to existing users, as such a system is described in RCW
90.03.580, and if the change, transfer, or amendment is for correcting the actual or anticipated cause or causes of the public water system failure. Inadequate water rights for a public water system to serve existing hookups or to accommodate future population growth or other future uses do not constitute a public health or safety emergency.
(3) If the recipient of water under a change or transfer authorized by subsection (1) of this section is a water supply system, the receiving system must also be in compliance with the terms of an approved water system plan or small water system management program under chapter
43.20 or
70.116 RCW
(as recodified by this act) that applies to the system, including those regarding water conservation.
(4) The department must provide notice to affected tribes of any transfer or change proposed under this section.
Sec. 1494. RCW
90.03.590 and 2003 1st sp.s. c 5 s 16 are each amended to read as follows:
(1) On a pilot project basis, the department may enter into a watershed agreement with one or more municipal water suppliers in water resource inventory area number one to meet the objectives established in a water resource management program approved or being developed under chapter
90.82 RCW with the consent of the initiating governments of the water resource inventory area. The term of an agreement may not exceed ten years, but the agreement may be renewed or amended upon agreement of the parties.
(2) A watershed agreement must be consistent with:
(a) Growth management plans developed under chapter
36.70A RCW where these plans are adopted and in effect;
(b) Water supply plans and small water system management programs approved under chapter
43.20 or
70.116 RCW
(as recodified by this act);
(c) Coordinated water supply plans approved under chapter
70.116 RCW
(as recodified by this act); and
(d) Water use efficiency and conservation requirements and standards established by the state department of health or such requirements and standards as are provided in an approved watershed plan, whichever are the more stringent.
(3) A watershed agreement must:
(a) Require the public water system operated by the participating municipal water supplier to meet obligations under the watershed plan;
(b) Establish performance measures and timelines for measures to be completed;
(c) Provide for monitoring of streamflows and metering of water use as needed to ensure that the terms of the agreement are met; and
(d) Require annual reports from the water users regarding performance under the agreement.
(4) As needed to implement watershed agreement activities, the department may provide or receive funding, or both, under its existing authorities.
(5) The department must provide opportunity for public review of a proposed agreement before it is executed. The department must make proposed and executed watershed agreements and annual reports available on the department's internet web site.
(6) The department must consult with affected local governments and the state departments of health and fish and wildlife before executing an agreement.
(7) Before executing a watershed agreement, the department must conduct a government-to-government consultation with affected tribal governments. The municipal water suppliers operating the public water systems that are proposing to enter into the agreements must be invited to participate in the consultations. During these consultations, the department and the municipal water suppliers shall explore the potential interest of the tribal governments or governments in participating in the agreement.
(8) Any person aggrieved by the department's failure to satisfy the requirements in subsection (3) of this section as embodied in the department's decision to enter into a watershed agreement under this section may, within thirty days of the execution of such an agreement, appeal the department's decision to the pollution control hearings board under chapter
43.21B RCW.
(9) Any projects implemented by a municipal water system under the terms of an agreement reached under this section may be continued and maintained by the municipal water system after the agreement expires or is terminated as long as the conditions of the agreement under which they were implemented continue to be met.
(10) Before December 31, 2003, and December 31, 2004, the department must report to the appropriate committees of the legislature the results of the pilot project provided for in this section. Based on the experience of the pilot project, the department must offer any suggested changes in law that would improve, facilitate, and maximize the implementation of watershed plans adopted under this chapter.
Sec. 1495. RCW
90.46.005 and 2007 c 445 s 2 are each amended to read as follows:
The legislature finds that by encouraging the use of reclaimed water while assuring the health and safety of all Washington citizens and the protection of its environment, the state of Washington will continue to use water in the best interests of present and future generations.
To facilitate the immediate use of reclaimed water for uses approved by the departments of ecology and health, the state shall expand both direct financial support and financial incentives for capital investments in water reuse and reclaimed water to effectuate the goals of this chapter. The legislature further directs the department of health and the department of ecology to coordinate efforts towards developing an efficient and streamlined process for creating and implementing processes for the use of reclaimed water.
It is hereby declared that the people of the state of Washington have a primary interest in the development of facilities to provide reclaimed water to replace potable water in nonpotable applications, to supplement existing surface and ground water supplies, and to assist in meeting the future water requirements of the state.
The legislature further finds and declares that the utilization of reclaimed water by local communities for domestic, agricultural, industrial, recreational, and fish and wildlife habitat creation and enhancement purposes, including wetland enhancement, will contribute to the peace, health, safety, and welfare of the people of the state of Washington. To the extent reclaimed water is appropriate for beneficial uses, it should be so used to preserve potable water for drinking purposes, contribute to the restoration and protection of instream flows that are crucial to preservation of the state's salmonid fishery resources, contribute to the restoration of Puget Sound by reducing wastewater discharge, provide a drought resistant source of water supply for nonpotable needs, or be a source of supply integrated into state, regional, and local strategies to respond to population growth and global warming. Use of reclaimed water constitutes the development of new basic water supplies needed for future generations and local and regional water management planning should consider coordination of infrastructure, development, storage, water reclamation and reuse, and source exchange as strategies to meet water demands associated with population growth and impacts of global warming.
The legislature further finds and declares that the use of reclaimed water is not inconsistent with the policy of antidegradation of state waters announced in other state statutes, including the water pollution control act, chapter
90.48 RCW and the water resources act, chapter
90.54 RCW.
The legislature finds that other states, including California, Florida, and Arizona, have successfully used reclaimed water to supplement existing water supplies without threatening existing resources or public health.
It is the intent of the legislature that the department of ecology and the department of health undertake the necessary steps to encourage the development of water reclamation facilities so that reclaimed water may be made available to help meet the growing water requirements of the state.
The legislature further finds and declares that reclaimed water facilities are water pollution control facilities as defined in chapter
70.146 RCW
(as recodified by this act) and are eligible for financial assistance as provided in chapter
70.146 RCW
(as recodified by this act). The legislature finds that funding demonstration projects will ensure the future use of reclaimed water. The demonstration projects in RCW
90.46.110 are varied in nature and will provide the experience necessary to test different facets of the standards and refine a variety of technologies so that water purveyors can begin to use reclaimed water technology in a more cost-effective manner. This is especially critical in smaller cities and communities where the feasibility for such projects is great, but there are scarce resources to develop the necessary facilities.
The legislature further finds that the agricultural processing industry can play a critical and beneficial role in promoting the efficient use of water by having the opportunity to develop and reuse agricultural industrial process water from food processing.
Sec. 1496. RCW
90.46.010 and 2009 c 456 s 1 are each amended to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Agricultural industrial process water" means water that has been used for the purpose of agricultural processing and has been adequately and reliably treated, so that as a result of that treatment, it is suitable for other agricultural water use.
(2) "Agricultural processing" means the processing of crops or milk to produce a product primarily for wholesale or retail sale for human or animal consumption, including but not limited to potato, fruit, vegetable, and grain processing.
(3) "Agricultural water use" means the use of water for irrigation and other uses related to the production of agricultural products. These uses include, but are not limited to, construction, operation, and maintenance of agricultural facilities and livestock operations at farms, ranches, dairies, and nurseries. Examples of these uses include, but are not limited to, dust control, temperature control, and fire control.
(4) "Constructed beneficial use wetlands" means those wetlands intentionally constructed on nonwetland sites to produce or create natural wetland functions and values.
(5) "Constructed treatment wetlands" means wetland-like impoundments intentionally constructed on nonwetland sites and managed for the primary purpose of further treatment or retention of reclaimed water as distinct from creating natural wetland functions and values.
(6) "Direct groundwater recharge" means the controlled subsurface addition of water directly into groundwater for the purpose of replenishing groundwater.
(7) "Domestic wastewater" means wastewater from greywater, toilet, or urinal sources.
(8) "Greywater or gray water" means domestic type flows from bathtubs, showers, bathroom sinks, washing machines, dishwashers, and kitchen or utility sinks. Gray water does not include flow from a toilet or urinal.
(9) "Industrial reuse water" means water that has been used for the purpose of industrial processing and has been adequately and reliably treated so that, as a result of that treatment, it is suitable for other uses.
(10) "Land application" means use of reclaimed water as permitted under this chapter for the purpose of irrigation or watering of landscape vegetation.
(11) "Lead agency" means either the department of health or the department of ecology that has been designated by rule as the agency that will coordinate, review, issue, and enforce a reclaimed water permit issued under this chapter.
(12) "Nonlead agency" means either the department of health or the department of ecology, whichever is not the lead agency for purposes of this chapter.
(13) "Person" means any state, individual, public or private corporation, political subdivision, governmental subdivision, governmental agency, municipality, copartnership, association, firm, trust estate, or any other legal entity whatever.
(14) "Planned groundwater recharge project" means any reclaimed water project designed for the purpose of recharging groundwater.
(15) "Reclaimed water" means water derived in any part from wastewater with a domestic wastewater component that has been adequately and reliably treated, so that it can be used for beneficial purposes. Reclaimed water is not considered a wastewater.
(16) "State drinking water contaminant criteria" means the contaminant criteria found in the drinking water quality standards adopted by the state board of health pursuant to chapter
43.20 RCW and the department of health pursuant to chapter
70.119A RCW
(as recodified by this act).
(17) "Streamflow or surface water augmentation" means the intentional use of reclaimed water for rivers and streams of the state or other surface water bodies, for the purpose of increasing volumes.
(18) "Surface percolation" means the controlled application of water to the ground surface or to unsaturated soil for the purpose of replenishing groundwater.
(19) "User" means any person who uses reclaimed water.
(20) "Wastewater" means water-carried wastes from residences, buildings, industrial and commercial establishments, or other places, together with such groundwater infiltration and inflow as may be present.
(21) "Wetland or wetlands" means areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted to life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands regulated under this chapter shall be delineated in accordance with the manual adopted by the department of ecology pursuant to RCW
90.58.380.
Sec. 1497. RCW
90.46.120 and 2009 c 456 s 5 are each amended to read as follows:
(1) The owner of a wastewater treatment facility that is reclaiming water with a permit issued under this chapter has the exclusive right to any reclaimed water generated by the wastewater treatment facility. Use, distribution, storage, and the recovery from storage of reclaimed water permitted under this chapter is exempt from the permit requirements of RCW
90.03.250 and
90.44.060, provided that a permit for recovery of reclaimed water from aquifer storage shall be reviewed under the standards established under RCW
90.03.370(2) for aquifer storage and recovery projects. Revenues derived from the reclaimed water facility shall be used only to offset the cost of operation of the wastewater utility fund or other applicable source of systemwide funding.
(2) If the proposed use of reclaimed water is to augment or replace potable water supplies or to create the potential for the development of an additional new potable water supply, then regional water supply plans, or any other potable water supply plans prepared by multiple water purveyors, must consider the proposed use of the reclaimed water as they are developed or updated.
(a) Regional water supply plans include those adopted under state board of health laws (chapter
43.20 RCW), the public water system coordination act of 1977 (chapter
70.116 RCW
(as recodified by this act)), groundwater protection laws (chapter
90.44 RCW), and the watershed planning act (chapter
90.82 RCW).
(b) The requirement to consider the use of reclaimed water does not change the plan approval process established under these statutes.
(c) When regional water supply plans are being developed, the owners of wastewater treatment facilities that produce or propose to produce reclaimed water for use within the planning area must be included in the planning process.
(3) When reclaimed water is available or is proposed for use under a water supply or wastewater plan developed under chapter
43.20, 70.116
(as recodified by this act), 90.44, 90.48, or
90.82 RCW these plans must be coordinated to ensure that opportunities for reclaimed water are evaluated. The requirements of this subsection (3) do not apply to water system plans developed under chapter
43.20 RCW for utilities serving less than one thousand service connections.
(4) The provisions of any plan for reclaimed water, developed under the authorities in subsections (2) and (3) of this section, should be included by a city, town, or county in reviewing provisions for water supplies in a proposed short plat, short subdivision, or subdivision under chapter
58.17 RCW, where reclaimed water supplies may be proposed for nonpotable purposes in the short plat, short subdivision, or subdivision.
(5) By November 30, 2009, the department of ecology shall review comments from the reclaimed water advisory committee under RCW
90.46.050 and the reclaimed water and water rights advisory committee under the direction of the department of ecology and submit a recommendation to the legislature on the impairment requirements and standards for reclaimed water. The department of ecology shall also provide a report to the legislature that describes the opinions of the stakeholders on the impairment requirements and standards for reclaimed water.
Sec. 1498. RCW
90.48.039 and 1994 c 257 s 19 are each amended to read as follows:
The procedural requirements of this chapter shall not apply to any person conducting a remedial action at a facility pursuant to a consent decree, order, or agreed order issued pursuant to chapter
70.105D RCW
(as recodified by this act), or to the department of ecology when it conducts a remedial action under chapter
70.105D RCW
(as recodified by this act). The department of ecology shall ensure compliance with the substantive requirements of this chapter through the consent decree, order, or agreed order issued pursuant to chapter
70.105D RCW
(as recodified by this act), or during the department-conducted remedial action, through the procedures developed by the department pursuant to RCW
70.105D.090 (as recodified by this act).
Sec. 1499. RCW
90.48.110 and 2007 c 343 s 13 are each amended to read as follows:
(1) Except under subsection (2) of this section, all engineering reports, plans, and specifications for the construction of new sewerage systems, sewage treatment or disposal plants or systems, or for improvements or extensions to existing sewerage systems or sewage treatment or disposal plants, and the proposed method of future operation and maintenance of said facility or facilities, shall be submitted to and be approved by the department, before construction thereof may begin. No approval shall be given until the department is satisfied that said plans and specifications and the methods of operation and maintenance submitted are adequate to protect the quality of the state's waters as provided for in this chapter. Approval under this chapter is not required for large on-site sewage systems permitted by the department of health under chapter
70.118B RCW
(as recodified by this act) or for on-site sewage systems regulated by local health jurisdictions under rules of the state board of health.
(2) To promote efficiency in service delivery and intergovernmental cooperation in protecting the quality of the state's waters, the department may delegate the authority for review and approval of engineering reports, plans, and specifications for the construction of new sewerage systems, sewage treatment or disposal plants or systems, or for improvements or extensions to existing sewerage system or sewage treatment or disposal plants, and the proposed method of future operations and maintenance of said facility or facilities and industrial pretreatment systems, to local units of government requesting such delegation and meeting criteria established by the department.
(3) For any new or revised general sewer plan submitted for review under this section, the department shall review and either approve, conditionally approve, reject, or request amendments within ninety days of the receipt of the submission of the plan. The department may extend this ninety-day time limitation for new submittals by up to an additional ninety days if insufficient time exists to adequately review the general sewer plan. For rejections of plans or extensions of the timeline, the department shall provide in writing to the local government entity the reason for such action. In addition, the governing body of the local government entity and the department may mutually agree to an extension of the deadlines contained in this section.
Sec. 1500. RCW
90.48.162 and 2007 c 343 s 12 are each amended to read as follows:
Any county or any municipal or public corporation operating or proposing to operate a sewerage system, including any system which collects only domestic sewerage, which results in the disposal of waste material into the waters of the state shall procure a permit from the department of ecology before so disposing of such materials. This section is intended to extend the permit system of RCW
90.48.160 to counties and municipal or public corporations and the provisions of RCW
90.48.170 through
90.48.200 and
90.52.040 shall be applicable to the permit requirement imposed under this section. A permit under this chapter is not required for large on-site sewage systems permitted by the department of health under chapter
70.118B RCW
(as recodified by this act) or for on-site sewage systems permitted by local health jurisdictions under rules of the state board of health.
Sec. 1501. RCW
90.48.285 and 2005 c 469 s 4 are each amended to read as follows:
The department is authorized to enter into contracts with any municipal or public corporation or political subdivision within the state for the purpose of assisting such agencies to finance the design and construction of water pollution control projects, whether procured through chapter
39.10 or
70.150 RCW
(as recodified by this act), or otherwise, that are necessary to prevent the discharge of untreated or inadequately treated sewage or other waste into the waters of the state, including but not limited to, systems for the control of storm or surface waters which will provide for the removal of waste or polluting materials in a manner conforming to the comprehensive plan of water pollution control and abatement proposed by the agencies and approved by the department. Any such contract may provide for:
The payment by the department to a municipal or public corporation or political subdivision on a monthly, quarterly, or annual basis of varying amounts of moneys as advances which shall be repayable by said municipal or public corporation, or political subdivision under conditions determined by the department.
Contracts made by the department shall be subject to the following limitations:
(1) No contract shall be made unless the department shall find that the project cannot be financed at reasonable cost or within statutory limitations by the borrower without the making of such contract.
(2) No contract shall be made with any public or municipal corporation or political subdivision to assist in the financing of any project located within a sewage drainage basin for which the department shall have previously adopted a comprehensive water pollution control and abatement plan unless the project is found by the department to conform with the basin comprehensive plan.
(3) The department shall determine the interest rate, not to exceed ten percent per annum, which such advances shall bear.
(4) The department shall provide such reasonable terms and conditions of repayment of advances as it may determine.
(5) The total outstanding amount which the department may at any time be obligated to pay under all outstanding contracts made pursuant to this section shall not exceed the moneys available for such payment.
(6) Municipal or public corporations or political subdivisions shall meet such qualifications and follow such procedures in applying for contract assistance as shall be established by the department.
In making such contracts the department shall give priority to projects which will provide relief from actual or potential public health hazards or water pollution conditions and which provide substantial capacity beyond present requirements to meet anticipated future demand.
Sec. 1502. RCW
90.48.530 and 2003 c 210 s 1 are each amended to read as follows:
(1) In order to ensure that construction projects involving the use of fill material do not pose a threat to water quality, the department may require that the suitability of potential fill material be evaluated using a leaching test included in the soil clean-up rules adopted by the department under chapter
70.105D RCW
(as recodified by this act) in any water quality certification issued under section 401 of the federal clean water act and in any administrative order issued under this chapter, where such certification or administrative order authorizes the placement of fill material, some or all of which will be placed in waters of the state. Any such requirement imposed by the department in a water quality certification or administrative order issued prior to May 9, 2003, is ratified and approved by the legislature as a valid and reliable method for determining concentrations of chemical constituents that can be present in fill material without posing an unacceptable risk of violating water quality standards, and shall be in effect as imposed by the department for all work not completed by June 1, 2003.
(2) Nothing in this section limits, in any way, the department's authority under this chapter.
Sec. 1503. RCW
90.48.531 and 2003 c 210 s 2 are each amended to read as follows:
The department shall identify the leaching tests utilized for evaluating the potential impacts to water quality in situations where fill material is imported. The tests may include those identified in the soil clean-up rules adopted by the department under chapter
70.105D RCW
(as recodified by this act). Within existing resources, the department shall assess whether this list of leaching tests provides appropriate methods for analyzing water quality impacts for all types of projects and in all circumstances where fill material is imported. The department shall also identify any gaps in leaching test methodology. The department shall report both the leaching test list and the list of test methodology gaps to the appropriate committees of the legislature by December 31, 2003.
Sec. 1504. RCW
90.52.030 and 1971 ex.s. c 160 s 3 are each amended to read as follows:
Operation of an industrial or commercial operation in violation of RCW
90.52.010 may be enjoined on petition of the attorney general to the superior court of Thurston county or of the county in which the operation is located.
Operation of an industrial or commercial operation in violation of this chapter shall provide the basis of a civil penalty under RCW
90.48.144 or
70.94.431 (as recodified by this act) as now or are hereafter amended. No person may discharge wastes into the waters or air of the state who fails to satisfy the requirements of RCW
90.52.010 and
90.52.040.
Sec. 1505. RCW
90.56.010 and 2015 c 274 s 3 are each reenacted and amended to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Best achievable protection" means the highest level of protection that can be achieved through the use of the best achievable technology and those staffing levels, training procedures, and operational methods that provide the greatest degree of protection achievable. The director's determination of best achievable protection shall be guided by the critical need to protect the state's natural resources and waters, while considering (a) the additional protection provided by the measures; (b) the technological achievability of the measures; and (c) the cost of the measures.
(2) "Best achievable technology" means the technology that provides the greatest degree of protection taking into consideration (a) processes that are being developed, or could feasibly be developed, given overall reasonable expenditures on research and development, and (b) processes that are currently in use. In determining what is best achievable technology, the director shall consider the effectiveness, engineering feasibility, and commercial availability of the technology.
(3) "Board" means the pollution control hearings board.
(4) "Bulk" means material that is stored or transported in a loose, unpackaged liquid, powder, or granular form capable of being conveyed by a pipe, bucket, chute, or belt system.
(5) "Cargo vessel" means a self-propelled ship in commerce, other than a tank vessel or a passenger vessel, three hundred or more gross tons, including but not limited to, commercial fish processing vessels and freighters.
(6) "Committee" means the preassessment screening committee established under RCW
90.48.368.
(7) "Covered vessel" means a tank vessel, cargo vessel, or passenger vessel.
(8) "Crude oil" means any naturally occurring hydrocarbons coming from the earth that are liquid at twenty-five degrees Celsius and one atmosphere of pressure including, but not limited to, crude oil, bitumen and diluted bitumen, synthetic crude oil, and natural gas well condensate.
(9) "Department" means the department of ecology.
(10) "Director" means the director of the department of ecology.
(11) "Discharge" means any spilling, leaking, pumping, pouring, emitting, emptying, or dumping.
(12)(a) "Facility" means any structure, group of structures, equipment, pipeline, or device, other than a vessel, located on or near the navigable waters of the state that transfers oil in bulk to or from a tank vessel or pipeline, that is used for producing, storing, handling, transferring, processing, or transporting oil in bulk.
(b) For the purposes of oil spill contingency planning in RCW
90.56.210, facility also means a railroad that is not owned by the state that transports oil as bulk cargo.
(c) Except as provided in (b) of this subsection, a facility does not include any: (i) Railroad car, motor vehicle, or other rolling stock while transporting oil over the highways or rail lines of this state; (ii) underground storage tank regulated by the department or a local government under chapter
90.76 RCW
(as recodified by this act); (iii) motor vehicle motor fuel outlet; (iv) facility that is operated as part of an exempt agricultural activity as provided in RCW
82.04.330; or (v) marine fuel outlet that does not dispense more than three thousand gallons of fuel to a ship that is not a covered vessel, in a single transaction.
(13) "Fund" means the state coastal protection fund as provided in RCW
90.48.390 and
90.48.400.
(14) "Having control over oil" shall include but not be limited to any person using, storing, or transporting oil immediately prior to entry of such oil into the waters of the state, and shall specifically include carriers and bailees of such oil.
(15) "Marine facility" means any facility used for tank vessel wharfage or anchorage, including any equipment used for the purpose of handling or transferring oil in bulk to or from a tank vessel.
(16) "Navigable waters of the state" means those waters of the state, and their adjoining shorelines, that are subject to the ebb and flow of the tide and/or are presently used, have been used in the past, or may be susceptible for use to transport intrastate, interstate, or foreign commerce.
(17) "Necessary expenses" means the expenses incurred by the department and assisting state agencies for (a) investigating the source of the discharge; (b) investigating the extent of the environmental damage caused by the discharge; (c) conducting actions necessary to clean up the discharge; (d) conducting predamage and damage assessment studies; and (e) enforcing the provisions of this chapter and collecting for damages caused by a discharge.
(18) "Offshore facility" means any facility located in, on, or under any of the navigable waters of the state, but does not include a facility any part of which is located in, on, or under any land of the state, other than submerged land.
(19) "Oil" or "oils" means oil of any kind that is liquid at twenty-five degrees Celsius and one atmosphere of pressure and any fractionation thereof, including, but not limited to, crude oil, bitumen, synthetic crude oil, natural gas well condensate, petroleum, gasoline, fuel oil, diesel oil, biological oils and blends, oil sludge, oil refuse, and oil mixed with wastes other than dredged spoil. Oil does not include any substance listed in Table 302.4 of 40 C.F.R. Part 302 adopted August 14, 1989, under section 102(a) of the federal comprehensive environmental response, compensation, and liability act of 1980, as amended by P.L. 99-499.
(20) "Onshore facility" means any facility any part of which is located in, on, or under any land of the state, other than submerged land, that because of its location, could reasonably be expected to cause substantial harm to the environment by discharging oil into or on the navigable waters of the state or the adjoining shorelines.
(21)(a) "Owner or operator" means (i) in the case of a vessel, any person owning, operating, or chartering by demise, the vessel; (ii) in the case of an onshore or offshore facility, any person owning or operating the facility; and (iii) in the case of an abandoned vessel or onshore or offshore facility, the person who owned or operated the vessel or facility immediately before its abandonment.
(b) "Operator" does not include any person who owns the land underlying a facility if the person is not involved in the operations of the facility.
(22) "Passenger vessel" means a ship of three hundred or more gross tons with a fuel capacity of at least six thousand gallons carrying passengers for compensation.
(23) "Person" means any political subdivision, government agency, municipality, industry, public or private corporation, copartnership, association, firm, individual, or any other entity whatsoever.
(24) "Ship" means any boat, ship, vessel, barge, or other floating craft of any kind.
(25) "Spill" means an unauthorized discharge of oil or hazardous substances into the waters of the state.
(26) "Tank vessel" means a ship that is constructed or adapted to carry, or that carries, oil in bulk as cargo or cargo residue, and that:
(a) Operates on the waters of the state; or
(b) Transfers oil in a port or place subject to the jurisdiction of this state.
(27) "Waters of the state" includes lakes, rivers, ponds, streams, inland waters, underground water, salt waters, estuaries, tidal flats, beaches and lands adjoining the seacoast of the state, sewers, and all other surface waters and watercourses within the jurisdiction of the state of Washington.
(28) "Worst case spill" means: (a) In the case of a vessel, a spill of the entire cargo and fuel of the vessel complicated by adverse weather conditions; and (b) in the case of an onshore or offshore facility, the largest foreseeable spill in adverse weather conditions.
Sec. 1506. RCW
90.58.355 and 2015 3rd sp.s. c 15 s 9 are each amended to read as follows:
Requirements to obtain a substantial development permit, conditional use permit, variance, letter of exemption, or other review conducted by a local government to implement this chapter do not apply to:
(1) Any person conducting a remedial action at a facility pursuant to a consent decree, order, or agreed order issued pursuant to chapter
70.105D RCW
(as recodified by this act), or to the department of ecology when it conducts a remedial action under chapter
70.105D RCW
(as recodified by this act). The department must ensure compliance with the substantive requirements of this chapter through the consent decree, order, or agreed order issued pursuant to chapter
70.105D RCW
(as recodified by this act), or during the department-conducted remedial action, through the procedures developed by the department pursuant to RCW
70.105D.090 (as recodified by this act);
(2) Any person installing site improvements for stormwater treatment in an existing boatyard facility to meet requirements of a national pollutant discharge elimination system stormwater general permit. The department must ensure compliance with the substantive requirements of this chapter through the review of engineering reports, site plans, and other documents related to the installation of boatyard stormwater treatment facilities; or
(3) The department of transportation projects and activities that meet the conditions of RCW
90.58.356.
Sec. 1507. RCW
90.71.270 and 2007 c 341 s 9 are each amended to read as follows:
(1) The council shall appoint a nine-member Puget Sound science panel to provide independent, nonrepresentational scientific advice to the council and expertise in identifying environmental indicators and benchmarks for incorporation into the action agenda.
(2) In establishing the panel, the council shall request the Washington academy of sciences, created in chapter
70.220 RCW
(as recodified by this act), to nominate fifteen scientists with recognized expertise in fields of science essential to the recovery of Puget Sound. Nominees should reflect the full range of scientific and engineering disciplines involved in Puget Sound recovery. At a minimum, the Washington academy of sciences shall consider making nominations from scientists associated with federal, state, and local agencies, tribes, the business and environmental communities, members of the K-12, college, and university communities, and members of the board. The solicitation should be to all sectors, and candidates may be from all public and private sectors. Persons nominated by the Washington academy of sciences must disclose any potential conflicts of interest, and any financial relationship with any leadership councilmember, and disclose sources of current financial support and contracts relating to Puget Sound recovery.
(3) The panel shall select a chair and a vice chair. Panel members shall serve four-year terms, except that the council shall determine initial terms of two, three, and four years to provide for staggered terms. The council shall determine reappointments and select replacements or additional members of the panel. No panel member may serve longer than twelve years.
(4) The executive director shall designate a lead staff scientist to coordinate panel actions, and administrative staff to support panel activities. The legislature intends to provide ongoing funding for staffing of the panel to ensure that it has sufficient capacity to provide independent scientific advice.
(5) The executive director of the partnership and the science panel shall explore a shared state and federal responsibility for the staffing and administration of the panel. In the event that a federally sponsored Puget Sound recovery office is created, the council may propose that such office provide for staffing and administration of the panel.
(6) The panel shall assist the council in developing and revising the action agenda, making recommendations to the action agenda, and making recommendations to the council for updates or revisions.
(7) Members of the panel shall be reimbursed for travel expenses under RCW
43.03.050 and
43.03.060, and based upon the availability of funds, the council may contract with members of the panel for compensation for their services under chapter
39.29 RCW. If appointees to the panel are employed by the federal, state, tribal, or local governments, the council may enter into interagency personnel agreements.
Sec. 1508. RCW
90.71.340 and 2007 c 341 s 16 are each amended to read as follows:
(1) The legislature intends that fiscal incentives and disincentives be used as accountability measures designed to achieve consistency with the action agenda by:
(a) Ensuring that projects and activities in conflict with the action agenda are not funded;
(b) Aligning environmental investments with strategic priorities of the action agenda; and
(c) Using state grant and loan programs to encourage consistency with the action agenda.
(2) The council shall adopt measures to ensure that funds appropriated for implementation of the action agenda and identified by proviso or specifically referenced in the omnibus appropriations act pursuant to RCW
43.88.030(1)(g) are expended in a manner that will achieve the intended results. In developing such performance measures, the council shall establish criteria for the expenditure of the funds consistent with the responsibilities and timelines under the action agenda, and require reporting and tracking of funds expended. The council may adopt other measures, such as requiring interagency agreements regarding the expenditure of provisoed or specifically referenced Puget Sound funds.
(3) The partnership shall work with other state agencies providing grant and loan funds or other financial assistance for projects and activities that impact the health of the Puget Sound ecosystem under chapters
43.155, 70.105D
(as recodified by this act), 70.146
(as recodified by this act), 77.85, 79.105, 79A.15, 89.08, and
90.50A RCW to, within the authorities of the programs, develop consistent funding criteria that prohibits funding projects and activities that are in conflict with the action agenda.
(4) The partnership shall develop a process and criteria by which entities that consistently achieve outstanding progress in implementing the action agenda are designated as Puget Sound partners. State agencies shall work with the partnership to revise their grant, loan, or other financial assistance allocation criteria to create a preference for entities designated as Puget Sound partners for funds allocated to the Puget Sound basin, pursuant to RCW
43.155.070, ((
70.105D.070,))
70.105D.190 (as recodified by this act), 70.105D.200 (as recodified by this act), 70.105D.210 (as recodified by this act), 70.146.070
(as recodified by this act),
77.85.130,
79.105.150,
79A.15.040,
89.08.520, and
90.50A.040. This process shall be developed on a timeline that takes into consideration state grant and loan funding cycles.
(5) Any entity that receives state funds to implement actions required in the action agenda shall report biennially to the council on progress in completing the action and whether expected results have been achieved within the time frames specified in the action agenda.
Sec. 1509. RCW
90.71.370 and 2019 c 422 s 412 are each amended to read as follows:
(1) By December 1, 2008, and by September 1st of each even-numbered year beginning in 2010, the council must provide to the governor and the appropriate fiscal committees of the senate and house of representatives its recommendations for the funding necessary to implement the action agenda in the succeeding biennium. The recommendations must:
(a) Identify the funding needed by action agenda element;
(b) Address funding responsibilities among local, state, and federal governments, as well as nongovernmental funding; and
(c) Address funding needed to support the work of the partnership, the panel, the ecosystem work group, and entities assisting in coordinating local efforts to implement the plan.
(2) In the 2008 report required under subsection (1) of this section, the council must include recommendations for projected funding needed through 2020 to implement the action agenda; funding needs for science panel staff; identify methods to secure stable and sufficient funding to meet these needs; and include proposals for new sources of funding to be dedicated to Puget Sound protection and recovery. In preparing the science panel staffing proposal, the council must consult with the panel.
(3) By November 1st of each odd-numbered year beginning in 2009, the council must produce a state of the Sound report that includes, at a minimum:
(a) An assessment of progress by state and nonstate entities in implementing the action agenda, including accomplishments in the use of state funds for action agenda implementation;
(b) A description of actions by implementing entities that are inconsistent with the action agenda and steps taken to remedy the inconsistency;
(c) The comments by the panel on progress in implementing the plan, as well as findings arising from the assessment and monitoring program;
(d) A review of citizen concerns provided to the partnership and the disposition of those concerns;
(e) A review of the expenditures of funds to state agencies for the implementation of programs affecting the protection and recovery of Puget Sound, and an assessment of whether the use of the funds is consistent with the action agenda; and
(f) An identification of all funds provided to the partnership, and recommendations as to how future state expenditures for all entities, including the partnership, could better match the priorities of the action agenda.
(4)(a) The council must review state programs that fund facilities and activities that may contribute to action agenda implementation. By November 1, 2009, the council must provide initial recommendations regarding program changes to the governor and appropriate fiscal and policy committees of the senate and house of representatives. By November 1, 2010, the council must provide final recommendations regarding program changes, including proposed legislation to implement the recommendation, to the governor and appropriate fiscal and policy committees of the senate and house of representatives.
(b) The review in this subsection must be conducted with the active assistance and collaboration of the agencies administering these programs, and in consultation with local governments and other entities receiving funding from these programs:
(i) Water pollution control facilities financing, chapter
70.146 RCW
(as recodified by this act);
(ii) The water pollution control revolving fund, chapter
90.50A RCW;
(iii) The public works assistance account, chapter
43.155 RCW;
(iv) The aquatic lands enhancement account, RCW
79.105.150;
(v) The model toxics control operating, capital, and stormwater accounts and clean-up program, chapter
70.105D RCW
(as recodified by this act);
(vi) The acquisition of habitat conservation and outdoor recreation land, chapter
79A.15 RCW;
(viii) The community economic revitalization board, chapter
43.160 RCW;
(ix) Other state financial assistance to water quality-related projects and activities; and
(x) Water quality financial assistance from federal programs administered through state programs or provided directly to local governments in the Puget Sound basin.
(c) The council's review must include but not be limited to:
(i) Determining the level of funding and types of projects and activities funded through the programs that contribute to implementation of the action agenda;
(ii) Evaluating the procedures and criteria in each program for determining which projects and activities to fund, and their relationship to the goals and priorities of the action agenda;
(iii) Assessing methods for ensuring that the goals and priorities of the action agenda are given priority when program funding decisions are made regarding water quality-related projects and activities in the Puget Sound basin and habitat-related projects and activities in the Puget Sound basin;
(iv) Modifying funding criteria so that projects, programs, and activities that are inconsistent with the action agenda are ineligible for funding;
(v) Assessing ways to incorporate a strategic funding approach for the action agenda within the outcome-focused performance measures required by RCW
43.41.270 in administering natural resource-related and environmentally based grant and loan programs.
(5) During the 2009-2011 fiscal biennium, the council's review must result in a ranking of projects affecting the protection and recovery of the Puget Sound basin that are proposed in the governor's capital budget submitted under RCW
43.88.060. The ranking must include recommendations for reallocation of total requested funds for Puget Sound basin projects to achieve the greatest positive outcomes for protection and recovery of Puget Sound and must be submitted to the appropriate fiscal committees of the legislature no later than February 1, 2011.
(6) During the 2011-2013 fiscal biennium, the council must by November 1, 2012, produce the state of the Sound report as defined in subsection (3) of this section.
Sec. 1510. RCW
90.76.040 and 1998 c 155 s 3 are each amended to read as follows:
(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 chapter
39.34 RCW of a single environmentally sensitive area located in both jurisdictions.
(2) A city, town, or county may adopt proposed ordinances or resolutions establishing requirements for underground storage tanks located within an environmentally sensitive area that are more stringent than the statewide standards established under RCW
90.76.020 (as recodified by this act). Proposed local ordinances and resolutions shall only apply to new underground storage tank installations. The local government adopting the ordinances and resolutions shall submit them to the department for approval. Disapproved ordinances and resolutions may be modified and resubmitted to the department for approval. Proposed local ordinances and resolutions become effective when approved by the department.
(3) The department shall approve or disapprove each proposed local ordinance or resolution based on the following criteria:
(a) The area to be regulated is found to be an environmentally sensitive area based on rules adopted by the department; and
(b) The proposed local regulations are reasonably consistent with previously approved local regulations for similar environmentally sensitive areas.
(4) A city, town, or county for which a proposed local ordinance or resolution establishing more stringent requirements is approved by the department may establish local tank fees that meet the requirements of RCW
90.76.090 (as recodified by this act), if such fees are necessary for enhanced program administration or enforcement.
Sec. 1511. RCW
90.76.050 and 2007 c 147 s 4 are each amended to read as follows:
(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
90.76.020(5)(a)
(as recodified by this act). Additionally, a person delivering regulated substances to underground storage tanks shall not deliver or deposit regulated substances to an individual underground storage tank on which the department has placed a red tag under RCW
90.76.020(6)
(as recodified by this act).
(2) An owner or operator of an underground storage tank system or facility shall not accept delivery or deposit of regulated substances to that underground storage tank system or facility, if the system does not have a facility compliance tag displayed as required in RCW
90.76.020(5)(a)
(as recodified by this act). Additionally, an owner or operator of an underground storage tank system or facility shall not accept delivery or deposit of regulated substances to an individual underground storage tank on which the department has placed a red tag under RCW
90.76.020(6)
(as recodified by this act).
(3) A supplier shall not refuse to deliver regulated substances to an underground storage tank regulated under this chapter on the basis of its potential to leak contents where the facility displays a valid facility compliance tag as required in this chapter, and the department has not placed a red tag on the underground storage tank. This section does not apply to a supplier who does not directly transfer a regulated substance into an underground storage tank.
Sec. 1512. RCW
90.76.070 and 2007 c 147 s 5 are each amended to read as follows:
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 chapter;
(2) Restrain immediately and effectively a person from engaging in unauthorized activity that results in a violation of any requirement of this chapter or rules adopted under this chapter and is endangering or causing damage to public health or the environment;
(3) Require compliance with requests for information, access, testing, or monitoring under RCW
90.76.060 (as recodified by this act); or
(4) Assess and recover civil penalties authorized under RCW
90.76.080 (as recodified by this act).
Sec. 1513. RCW
90.76.090 and 2007 c 147 s 7 are each amended to read as follows:
(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 one hundred sixty dollars per tank unless the department has received sufficient additional federal grant funding to offset the increased cost of implementation of the underground storage tank compliance act of 2005 (Title XV, Subtitle B of the energy policy act of 2005). Annually, beginning on July 1, 2010, and upon a finding by the department that a fee increase is necessary, the previous tank fee amount may be increased up to the fiscal growth factor for the next year. The fiscal growth factor is calculated by the office of financial management under RCW
43.135.025 for the upcoming biennium. The department shall use the fiscal growth factor to calculate the fee for the next year and shall publish the new fee by March 1st before the year for which the new fee is effective. The new tank fee is effective from July 1st to June 30th of every year. The tank fee shall be paid by every person who:
(a) Owns an underground storage tank located in this state; and
(b) Was required to provide notification to the department under the federal act.
This fee is not required of persons who have (i) permanently closed their tanks, and (ii) if required, have completed corrective action in accordance with the rules adopted under this chapter.
(2) The department may authorize the imposition of additional annual local tank fees in environmentally sensitive areas designated under RCW
90.76.040 (as recodified by this act). Annual local tank fees may not exceed fifty percent of the annual state tank fee.
(3) State and local tank fees collected under this section shall be deposited in the account established under RCW
90.76.100 (as recodified by this act).
(4) Other than the annual local tank fee authorized for environmentally sensitive areas, no local government may levy an annual tank fee on the ownership or operation of an underground storage tank.
Sec. 1514. RCW
90.76.100 and 1991 sp.s. c 13 s 72 are each amended to read as follows:
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 contain:
(1) All fees collected under RCW
90.76.090 (as recodified by this act); and
(2) All fines or penalties collected under RCW
90.76.080 (as recodified by this act).
Sec. 1515. RCW
90.76.110 and 2007 c 147 s 8 are each amended to read as follows:
(1) Except as provided in RCW
90.76.040 (as recodified by this act) 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 rules adopted under this chapter.
(2) Provisions of the international fire code adopted under chapter
19.27 RCW, which are not more stringent than, and do not directly conflict with, rules adopted under this chapter are not superseded or preempted.
(3) Local laws, ordinances, and resolutions pertaining to local authority to take immediate action in response to a release of a regulated substance are not superseded or preempted.
(4) City, town, or county underground storage tank ordinances that are more stringent than the federal regulations and the uniform codes adopted under chapter
19.27 RCW and that were in effect on or before November 1, 1988, are not superseded or preempted.
(5) Local laws, ordinances, and resolutions pertaining to permits and fees for the use of underground storage tanks in street right-of-ways that were in existence prior to July 1, 1990, are not superseded or preempted.
Sec. 1516. RCW
90.76.902 and 1989 c 346 s 18 are each amended to read as follows:
(1) Except as provided in subsection (2) of this section, RCW
90.76.050 (as recodified by this act),
90.76.110 (as recodified by this act), 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.
NEW SECTION. Sec. 2002. RCW 43.37.010, 43.37.030, 43.37.040, 43.37.050, 43.37.060, 43.37.080, 43.37.090, 43.37.100, 43.37.110, 43.37.120, 43.37.130, 43.37.140, 43.37.150, 43.37.160, 43.37.170, 43.37.180, 43.37.190, 43.37.200, 43.37.210, 43.37.215, 43.37.220, and 43.37.910 are recodified as a new chapter in the new title created in section 103 of this act. NEW SECTION. Sec. 2003. RCW 43.145.010, 43.145.020, and 43.145.030 are recodified as a new chapter in the new title created in section 103 of this act. NEW SECTION. Sec. 2004. RCW 43.146.010 and 43.146.900 are recodified as a new chapter in the new title created in section 103 of this act. NEW SECTION. Sec. 2005. RCW 43.200.010, 43.200.015, 43.200.020, 43.200.030, 43.200.070, 43.200.080, 43.200.170, 43.200.180, 43.200.190, 43.200.200, 43.200.220, 43.200.230, 43.200.233, 43.200.235, 43.200.900, 43.200.901, 43.200.905, and 43.200.907 are recodified as a new chapter in the new title created in section 103 of this act. NEW SECTION. Sec. 2006. RCW 43.205.010 and 43.205.020 are recodified as a new chapter in the new title created in section 103 of this act. NEW SECTION. Sec. 2008. RCW 70.76.005, 70.76.010, 70.76.020, 70.76.030, 70.76.040, 70.76.050, 70.76.060, 70.76.070, 70.76.080, 70.76.090, 70.76.100, and 70.76.110 are recodified as a new chapter in the new title created in section 103 of this act. NEW SECTION. Sec. 2009. RCW 70.93.010, 70.93.020, 70.93.030, 70.93.040, 70.93.050, 70.93.060, 70.93.070, 70.93.080, 70.93.090, 70.93.093, 70.93.095, 70.93.097, 70.93.110, 70.93.180, 70.93.200, 70.93.210, 70.93.220, 70.93.230, 70.93.250, and 70.93.910 are recodified as a new chapter in the new title created in section 103 of this act. NEW SECTION. Sec. 2010. RCW 70.94.011, 70.94.015, 70.94.017, 70.94.030, 70.94.033, 70.94.035, 70.94.037, 70.94.040, 70.94.041, 70.94.053, 70.94.055, 70.94.057, 70.94.068, 70.94.069, 70.94.070, 70.94.081, 70.94.085, 70.94.091, 70.94.092, 70.94.093, 70.94.094, 70.94.095, 70.94.096, 70.94.097, 70.94.100, 70.94.110, 70.94.120, 70.94.130, 70.94.141, 70.94.142, 70.94.143, 70.94.151, 70.94.152, 70.94.153, 70.94.154, 70.94.155, 70.94.157, 70.94.161, 70.94.162, 70.94.163, 70.94.165, 70.94.170, 70.94.181, 70.94.200, 70.94.205, 70.94.211, 70.94.221, 70.94.230, 70.94.231, 70.94.240, 70.94.260, 70.94.262, 70.94.302, 70.94.331, 70.94.332, 70.94.335, 70.94.350, 70.94.370, 70.94.380, 70.94.385, 70.94.390, 70.94.395, 70.94.400, 70.94.405, 70.94.410, 70.94.420, 70.94.422, 70.94.425, 70.94.430, 70.94.431, 70.94.435, 70.94.440, 70.94.450, 70.94.453, 70.94.455, 70.94.457, 70.94.460, 70.94.463, 70.94.467, 70.94.470, 70.94.473, 70.94.475, 70.94.477, 70.94.480, 70.94.483, 70.94.488, 70.94.510, 70.94.521, 70.94.524, 70.94.527, 70.94.528, 70.94.531, 70.94.534, 70.94.537, 70.94.541, 70.94.544, 70.94.547, 70.94.551, 70.94.555, 70.94.600, 70.94.610, 70.94.620, 70.94.640, 70.94.645, 70.94.6511, 70.94.6512, 70.94.6514, 70.94.6516, 70.94.6518, 70.94.6520, 70.94.6522, 70.94.6524, 70.94.6526, 70.94.6528, 70.94.6530, 70.94.6532, 70.94.6534, 70.94.6536, 70.94.6538, 70.94.6540, 70.94.6542, 70.94.6544, 70.94.6546, 70.94.6548, 70.94.6550, 70.94.6552, 70.94.6554, 70.94.6556, 70.94.710, 70.94.715, 70.94.720, 70.94.725, 70.94.730, 70.94.785, 70.94.800, 70.94.805, 70.94.820, 70.94.850, 70.94.860, 70.94.875, 70.94.880, 70.94.892, 70.94.901, 70.94.902, 70.94.904, 70.94.911, 70.94.960, 70.94.970, 70.94.980, 70.94.990, 70.94.991, and 70.94.992 are recodified as a new chapter in the new title created in section 103 of this act. NEW SECTION. Sec. 2011. RCW 70.95.010, 70.95.020, 70.95.030, 70.95.055, 70.95.060, 70.95.065, 70.95.075, 70.95.080, 70.95.090, 70.95.092, 70.95.094, 70.95.095, 70.95.096, 70.95.100, 70.95.110, 70.95.130, 70.95.140, 70.95.150, 70.95.160, 70.95.163, 70.95.165, 70.95.167, 70.95.170, 70.95.180, 70.95.185, 70.95.190, 70.95.200, 70.95.205, 70.95.207, 70.95.210, 70.95.212, 70.95.215, 70.95.217, 70.95.218, 70.95.220, 70.95.230, 70.95.235, 70.95.240, 70.95.250, 70.95.255, 70.95.260, 70.95.263, 70.95.265, 70.95.267, 70.95.268, 70.95.270, 70.95.280, 70.95.285, 70.95.290, 70.95.295, 70.95.300, 70.95.305, 70.95.306, 70.95.310, 70.95.315, 70.95.320, 70.95.330, 70.95.400, 70.95.410, 70.95.420, 70.95.430, 70.95.440, 70.95.500, 70.95.510, 70.95.515, 70.95.521, 70.95.530, 70.95.532, 70.95.535, 70.95.540, 70.95.550, 70.95.555, 70.95.560, 70.95.565, 70.95.570, 70.95.600, 70.95.610, 70.95.620, 70.95.630, 70.95.640, 70.95.650, 70.95.660, 70.95.670, 70.95.700, 70.95.710, 70.95.715, 70.95.720, 70.95.725, 70.95.805, 70.95.807, 70.95.810, 70.95.815, 70.95.900, 70.95.903, and 70.95.904 are recodified as a new chapter in the new title created in section 103 of this act. NEW SECTION. Sec. 2012. RCW 70.95A.010, 70.95A.020, 70.95A.030, 70.95A.035, 70.95A.040, 70.95A.045, 70.95A.050, 70.95A.060, 70.95A.070, 70.95A.080, 70.95A.090, 70.95A.100, 70.95A.910, 70.95A.912, and 70.95A.930 are recodified as a new chapter in the new title created in section 103 of this act. NEW SECTION. Sec. 2013. RCW 70.95B.010, 70.95B.020, 70.95B.030, 70.95B.040, 70.95B.050, 70.95B.060, 70.95B.071, 70.95B.080, 70.95B.090, 70.95B.095, 70.95B.100, 70.95B.110, 70.95B.115, 70.95B.120, 70.95B.130, 70.95B.140, 70.95B.151, and 70.95B.900 are recodified as a new chapter in the new title created in section 103 of this act. NEW SECTION. Sec. 2014. RCW 70.95C.010, 70.95C.020, 70.95C.030, 70.95C.040, 70.95C.050, 70.95C.060, 70.95C.070, 70.95C.080, 70.95C.110, 70.95C.120, 70.95C.200, 70.95C.210, 70.95C.220, 70.95C.230, 70.95C.240, and 70.95C.250 are recodified as a new chapter in the new title created in section 103 of this act. NEW SECTION. Sec. 2015. RCW 70.95D.010, 70.95D.020, 70.95D.030, 70.95D.040, 70.95D.051, 70.95D.060, 70.95D.070, 70.95D.080, 70.95D.090, 70.95D.100, and 70.95D.110 are recodified as a new chapter in the new title created in section 103 of this act. NEW SECTION. Sec. 2017. RCW 70.95F.010, 70.95F.020, and 70.95F.030 are recodified as a new chapter in the new title created in section 103 of this act. NEW SECTION. Sec. 2020. RCW 70.95J.005, 70.95J.007, 70.95J.010, 70.95J.020, 70.95J.025, 70.95J.030, 70.95J.040, 70.95J.050, 70.95J.060, 70.95J.070, 70.95J.080, and 70.95J.090 are recodified as a new chapter in the new title created in section 103 of this act. NEW SECTION. Sec. 2023. RCW 70.95M.010, 70.95M.020, 70.95M.030, 70.95M.040, 70.95M.050, 70.95M.060, 70.95M.070, 70.95M.080, 70.95M.090, 70.95M.100, 70.95M.110, 70.95M.115, 70.95M.120, 70.95M.130, and 70.95M.140 are recodified as a new chapter in the new title created in section 103 of this act. NEW SECTION. Sec. 2024. RCW 70.95N.010, 70.95N.020, 70.95N.030, 70.95N.040, 70.95N.050, 70.95N.060, 70.95N.070, 70.95N.080, 70.95N.090, 70.95N.100, 70.95N.110, 70.95N.120, 70.95N.130, 70.95N.140, 70.95N.150, 70.95N.160, 70.95N.170, 70.95N.180, 70.95N.190, 70.95N.200, 70.95N.210, 70.95N.220, 70.95N.230, 70.95N.240, 70.95N.250, 70.95N.260, 70.95N.280, 70.95N.290, 70.95N.300, 70.95N.310, 70.95N.320, 70.95N.330, 70.95N.340, 70.95N.350, 70.95N.900, and 70.95N.902 are recodified as a new chapter in the new title created in section 103 of this act. NEW SECTION. Sec. 2025. RCW 70.98.010, 70.98.020, 70.98.030, 70.98.050, 70.98.080, 70.98.085, 70.98.090, 70.98.095, 70.98.098, 70.98.100, 70.98.110, 70.98.120, 70.98.122, 70.98.125, 70.98.130, 70.98.140, 70.98.150, 70.98.160, 70.98.170, 70.98.180, 70.98.190, 70.98.200, 70.98.220, 70.98.910, and 70.98.920 are recodified as a new chapter in the new title created in section 103 of this act. NEW SECTION. Sec. 2027. RCW 70.102.010 and 70.102.020 are recodified as a new chapter in the new title created in section 103 of this act. NEW SECTION. Sec. 2029. RCW 70.105.005, 70.105.007, 70.105.010, 70.105.020, 70.105.025, 70.105.030, 70.105.035, 70.105.040, 70.105.050, 70.105.070, 70.105.080, 70.105.085, 70.105.090, 70.105.095, 70.105.097, 70.105.100, 70.105.105, 70.105.109, 70.105.110, 70.105.111, 70.105.112, 70.105.116, 70.105.120, 70.105.130, 70.105.135, 70.105.140, 70.105.145, 70.105.150, 70.105.160, 70.105.165, 70.105.170, 70.105.180, 70.105.200, 70.105.210, 70.105.215, 70.105.217, 70.105.220, 70.105.221, 70.105.225, 70.105.230, 70.105.235, 70.105.240, 70.105.245, 70.105.250, 70.105.255, 70.105.260, 70.105.270, 70.105.280, 70.105.300, 70.105.310, and 70.105.900 are recodified as a new chapter in the new title created in section 103 of this act. NEW SECTION. Sec. 2030. RCW 70.105D.010, 70.105D.020, 70.105D.030, 70.105D.040, 70.105D.050, 70.105D.055, 70.105D.060, 70.105D.080, 70.105D.090, 70.105D.100, 70.105D.110, 70.105D.120, 70.105D.130, 70.105D.140, 70.105D.150, 70.105D.160, 70.105D.180, 70.105D.190, 70.105D.200, 70.105D.210, 70.105D.900, 70.105D.905, 70.105D.910, 70.105D.915, and 70.105D.920 are recodified as a new chapter in the new title created in section 103 of this act. NEW SECTION. Sec. 2031. RCW 70.106.010, 70.106.020, 70.106.030, 70.106.040, 70.106.050, 70.106.060, 70.106.070, 70.106.080, 70.106.090, 70.106.100, 70.106.110, 70.106.120, 70.106.140, 70.106.150, 70.106.905, and 70.106.910 are recodified as a new chapter in the new title created in section 103 of this act. NEW SECTION. Sec. 2033. RCW 70.116.010, 70.116.020, 70.116.030, 70.116.040, 70.116.050, 70.116.060, 70.116.070, 70.116.080, 70.116.090, 70.116.100, 70.116.110, 70.116.120, 70.116.134, and 70.116.140 are recodified as a new chapter in the new title created in section 103 of this act. NEW SECTION. Sec. 2034. RCW 70.118.010, 70.118.020, 70.118.030, 70.118.040, 70.118.050, 70.118.060, 70.118.070, 70.118.080, 70.118.090, 70.118.110, 70.118.120, and 70.118.130 are recodified as a new chapter in the new title created in section 103 of this act. NEW SECTION. Sec. 2037. RCW 70.119.010, 70.119.020, 70.119.030, 70.119.040, 70.119.050, 70.119.060, 70.119.070, 70.119.081, 70.119.090, 70.119.100, 70.119.110, 70.119.120, 70.119.130, 70.119.140, 70.119.150, 70.119.160, 70.119.170, 70.119.180, and 70.119.900 are recodified as a new chapter in the new title created in section 103 of this act. NEW SECTION. Sec. 2038. RCW 70.119A.020, 70.119A.025, 70.119A.030, 70.119A.040, 70.119A.050, 70.119A.060, 70.119A.070, 70.119A.080, 70.119A.100, 70.119A.110, 70.119A.115, 70.119A.120, 70.119A.130, 70.119A.140, 70.119A.150, 70.119A.170, 70.119A.180, 70.119A.190, 70.119A.200, 70.119A.210, and 70.119A.900 are recodified as a new chapter in the new title created in section 103 of this act. NEW SECTION. Sec. 2039. RCW 70.120.010, 70.120.020, 70.120.070, 70.120.080, 70.120.100, 70.120.120, 70.120.130, 70.120.150, 70.120.160, 70.120.170, 70.120.190, 70.120.210, 70.120.230, and 70.120.902 are recodified as a new chapter in the new title created in section 103 of this act. NEW SECTION. Sec. 2041. RCW 70.121.010, 70.121.020, 70.121.030, 70.121.040, 70.121.050, 70.121.060, 70.121.070, 70.121.080, 70.121.090, 70.121.100, 70.121.110, 70.121.120, 70.121.130, 70.121.140, 70.121.150, 70.121.900, and 70.121.905 are recodified as a new chapter in the new title created in section 103 of this act. NEW SECTION. Sec. 2046. RCW 70.146.010, 70.146.020, 70.146.030, 70.146.040, 70.146.050, 70.146.060, 70.146.070, 70.146.075, 70.146.090, 70.146.100, 70.146.110, and 70.146.120 are recodified as a new chapter in the new title created in section 103 of this act. NEW SECTION. Sec. 2047. RCW 70.148.005, 70.148.010, 70.148.020, 70.148.025, 70.148.030, 70.148.035, 70.148.040, 70.148.050, 70.148.060, 70.148.070, 70.148.080, 70.148.090, 70.148.110, and 70.148.900 are recodified as a new chapter in the new title created in section 103 of this act. NEW SECTION. Sec. 2048. RCW 70.149.010, 70.149.020, 70.149.030, 70.149.040, 70.149.050, 70.149.060, 70.149.070, 70.149.080, 70.149.090, 70.149.100, 70.149.120, 70.149.800, 70.149.801, and 70.149.900 are recodified as a new chapter in the new title created in section 103 of this act. NEW SECTION. Sec. 2054. RCW 70.260.010, 70.260.020, and 70.260.030 are recodified as a new chapter in the new title created in section 103 of this act. NEW SECTION. Sec. 2056. RCW 70.275.010, 70.275.020, 70.275.030, 70.275.040, 70.275.050, 70.275.060, 70.275.070, 70.275.080, 70.275.090, 70.275.100, 70.275.110, 70.275.130, 70.275.140, 70.275.150, 70.275.160, 70.275.170, 70.275.900, and 70.275.901 are recodified as a new chapter in the new title created in section 103 of this act. NEW SECTION. Sec. 2059. RCW 70.295.010 and 70.295.020 are recodified as a new chapter in the new title created in section 103 of this act. NEW SECTION. Sec. 2064. RCW 70.340.010, 70.340.020, 70.340.030, 70.340.040, 70.340.050, 70.340.060, 70.340.070, 70.340.080, 70.340.090, 70.340.100, 70.340.110, 70.340.120, 70.340.130, and 70.340.900 are recodified as a new chapter in the new title created in section 103 of this act. NEW SECTION. Sec. 2065. RCW 70.355.010 is recodified as a new chapter in the new title created in section 103 of this act. NEW SECTION. Sec. 2066. RCW 70.360.010, 70.360.020, 70.360.030, 70.360.040, 70.360.050, 70.360.060, 70.360.070, 70.360.080, 70.360.090, 70.360.100, 70.360.110, and 70.360.900 are recodified as a new chapter in the new title created in section 103 of this act. NEW SECTION. Sec. 2069. RCW 70.375.010, 70.375.020, 70.375.030, 70.375.040, 70.375.050, 70.375.060, 70.375.070, 70.375.080, 70.375.090, 70.375.100, 70.375.110, 70.375.120, and 70.375.130 are recodified as a new chapter in the new title created in section 103 of this act. NEW SECTION. Sec. 2071. RCW 90.76.005, 90.76.010, 90.76.020, 90.76.040, 90.76.050, 90.76.060, 90.76.070, 90.76.080, 90.76.090, 90.76.100, 90.76.110, 90.76.900, 90.76.901, and 90.76.902 are recodified as a new chapter in the new title created in section 103 of this act. NEW SECTION. Sec. 3001. The following acts or parts of acts are each repealed:
(1) RCW
70.105E.010 (Purpose) and 2005 c 1 s 1 (Initiative Measure No. 297, approved November 2, 2004);
(2) RCW
70.105E.020 (Policy) and 2005 c 1 s 2 (Initiative Measure No. 297, approved November 2, 2004);
(3) RCW
70.105E.030 (Definitions) and 2005 c 1 s 3 (Initiative Measure No. 297, approved November 2, 2004);
(4) RCW
70.105E.040 (Duties of the department of ecology to regulate mixed wastes) and 2005 c 1 s 4 (Initiative Measure No. 297, approved November 2, 2004);
(5) RCW
70.105E.050 (Releases of radioactive substances
—Clean-up standards) and 2005 c 1 s 5 (Initiative Measure No. 297, approved November 2, 2004);
(6) RCW
70.105E.060 (Disposal of waste in unlined trenches
—Investigation and cleanup of unlined trenches
—Closure of mixed waste tank systems) and 2005 c 1 s 6 (Initiative Measure No. 297, approved November 2, 2004);
(7) RCW
70.105E.080 (Exemptions: Naval reactor disposal at Hanford
—Low-level waste compact) and 2005 c 1 s 8 (Initiative Measure No. 297, approved November 2, 2004);
(8) RCW
70.105E.100 (Enforcement and appeals) and 2005 c 1 s 10 (Initiative Measure No. 297, approved November 2, 2004);
(9) RCW
70.105E.900 (Construction
—2005 c 1 (Initiative Measure No. 297)) and 2005 c 1 s 11 (Initiative Measure No. 297, approved November 2, 2004); and
(10) RCW
70.105E.901 (Short title
—2005 c 1 (Initiative Measure No. 297)) and 2005 c 1 s 12 (Initiative Measure No. 297, approved November 2, 2004).
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