title: RCW 70A.15.5090

text:
(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 70A.15.5100. General permit criteria of statewide applicability shall be established by the department, by rule, after consultation with the various air pollution control authorities. For the purposes of this section, agricultural burning includes the combustion of natural vegetation from agricultural activities in portable flame cap kilns, provided that the biomass does not contain any prohibited materials as defined in RCW 70A.15.5010(1).
(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 70A.15.5070 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 70A.15.5100 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 70A.15.1010, 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 $3.75 per acre to be burned or, in the case of pile burning, shall not exceed $1.00 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 70A.15.5110, is allowed within the urban growth area as described in RCW 70A.15.5020 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 70A.15.3580, 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.
[ 2024 c 280 s 3; 2020 c 20 s 1140; 2010 c 70 s 1; 2009 c 118 s 401; 1998 c 43 s 1. Prior: 1995 c 362 s 1; 1995 c 58 s 1; 1994 c 28 s 2; 1993 c 353 s 1; 1991 c 199 s 408; 1971 ex.s. c 232 s 1. Formerly RCW 70.94.6528, 70.94.650.]
Notes:
Findings—2024 c 280: See note following RCW 70A.15.1030.
Purpose—2009 c 118: See note following RCW 70A.15.5000.
Finding—1991 c 199: See note following RCW 70A.15.1005.

catchline: Permits—Issuance—Conditioning of permits—Fees—Agricultural burning practices and research task force—Development of public education materials—Agricultural activities.


doc_type: statute

jurisdiction: wa

title: RCW 70A.15.5100

text:
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 70A.15.5090, 70A.15.5180, and 70A.15.5210 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.
[ 2020 c 20 s 1141; 2009 c 118 s 402; 1993 c 353 s 2; 1991 c 199 s 409; 1973 1st ex.s. c 193 s 6. Formerly RCW 70.94.6530, 70.94.654.]
Notes:
Purpose—2009 c 118: See note following RCW 70A.15.5000.
Finding—1991 c 199: See note following RCW 70A.15.1005.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Delegation of permit issuance and enforcement to political subdivisions.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 70A.15.5110

text:
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 70A.15.5090, 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 70A.15.5090 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.
[ 2020 c 20 s 1142; 2012 c 198 s 1; 2009 c 118 s 403; 1998 c 245 s 130; 1995 c 261 s 1; 1991 sp.s. c 13 s 28; 1991 c 199 s 413; 1990 c 113 s 1; 1985 c 57 s 69; 1973 1st ex.s. c 193 s 7. Formerly RCW 70.94.6532, 70.94.656.]
Notes:
Effective date—2012 c 198: "This act takes effect July 1, 2012." [ 2012 c 198 s 29.]
Purpose—2009 c 118: See note following RCW 70A.15.5000.
Effective dates—1991 sp.s. c 13: See note following RCW 18.04.105.
Finding—1991 c 199: See note following RCW 70A.15.1005.
Effective date—1985 c 57: See note following RCW 18.04.105.
Grass burning research advisory committee: Chapter 43.21E RCW.

catchline: Open burning of grasses grown for seed—Alternatives—Studies—Deposit of permit fees in special grass seed burning account—Procedures—Limitations—Report.


title: RCW 70A.15.5120

text:
(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 70A.15.5020(5);
(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 70A.15.5020(5). The department of natural resources may enter into cooperative agreements with local fire protection agencies to issue permits for reducing wildfire risk under RCW 70A.15.5020(5).
(3) Permit fees shall be assessed for wildfire risk reduction, combustion of natural vegetation from silvicultural activities in portable flame cap kilns, 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 70A.15.1010. 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 70A.15.5130, 70A.15.5140, and 70A.15.5150. 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.
[ 2024 c 280 s 4; 2020 c 20 s 1143; 2019 c 305 s 5; 2010 1st sp.s. c 7 s 128; 2009 c 118 s 501; 1991 c 199 s 404; 1971 ex.s. c 232 s 2. Formerly RCW 70.94.6534, 70.94.660.]
Notes:
Effective date—2010 1st sp.s. c 26; 2010 1st sp.s. c 7: See note following RCW 43.03.027.
Purpose—2009 c 118: See note following RCW 70A.15.5000.
Finding—1991 c 199: See note following RCW 70A.15.1005.
Burning permits, issuance, air pollution a factor: RCW 76.04.205.
Disposal of forest debris: RCW 76.04.650.

catchline: Burning permits for abating or prevention of forest fire hazards, management of ecosystems, instruction or silvicultural operations—Issuance—Fees.


title: RCW 70A.15.5130

text:
(1)(a) The department of natural resources shall administer a program to reduce statewide emissions from silvicultural forest burning so as to achieve the following minimum objectives:
(i) Twenty percent reduction by December 31, 1994, providing a ceiling for emissions until December 31, 2000; and
(ii) Fifty percent reduction by December 31, 2000, providing a ceiling for emissions thereafter.
(b) Reductions shall be calculated from the average annual emissions level from calendar years 1985 to 1989, using the same methodology for both reduction and base year calculations.
(2)(a) The department of natural resources, within twelve months after May 15, 1991, shall develop a plan, based upon the existing smoke management agreement to carry out the programs as described in this section in the most efficient, cost-effective manner possible. The plan shall be developed in consultation with the department of ecology, public and private landowners engaged in silvicultural forest burning, and representatives of the public.
(b) The plan shall recognize the variations in silvicultural forest burning including, but not limited to, a landowner's responsibility to abate an extreme fire hazard under chapter 76.04 RCW and other objectives of burning, including abating and preventing a fire hazard, geographic region, climate, elevation and slope, proximity to populated areas, diversity of land ownership, improving forest health and resiliency, decreasing forest insect or disease susceptibility, maintaining or restoring native vegetation, or otherwise enhancing resiliency to fire. The plan shall establish priorities that the department of natural resources shall use to allocate allowable emissions, including but not limited to, forest health and resiliency, 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. The plan shall also recognize the real costs of the emissions program and recommend equitable fees to cover the costs of the program.
(c) The emission reductions in this section are to apply to all forestlands including those owned and managed by the United States. If the United States does not participate in implementing the plan, the departments of natural resources and ecology shall use all appropriate and available methods or enforcement powers to ensure participation.
(d) The plan shall include a tracking system designed to measure the degree of progress toward the emission reductions goals set in this section. The department of natural resources shall report annually to the department of ecology and the legislature on the status of the plan, emission reductions and progress toward meeting the objectives specified in this section, and the goals of this chapter and chapter 76.04 RCW.
(3) If the December 31, 1994, emission reductions targets in this section are not met, the department of natural resources, in consultation with the department of ecology, shall use its authority granted in this chapter and chapter 76.04 RCW to immediately limit emissions from such burning to the 1994 target levels and limit silvicultural forest burning in subsequent years to achieve equal annual incremental reductions so as to achieve the December 31, 2000, target level. If, as a result of the program established in this section, the emission reductions are met in 1994, but are not met by December 31, 2000, the department of natural resources in consultation with the department of ecology shall immediately limit silvicultural forest burning to reduce emissions from such burning to the December 31, 2000, target level in all subsequent years.
(4) Emissions from silvicultural burning in eastern Washington that is conducted for the purpose of restoring forest health or preventing the additional deterioration of forest health are exempt from the reduction targets and calculations in this section if the following conditions are met:
(a) The landowner submits a written request to the department identifying the location of the proposed burning and the nature of the forest health problem to be corrected. The request shall include a brief description of alternatives to silvicultural burning and reasons why the landowner believes the alternatives not to be appropriate.
(b) The department determines that the proposed silvicultural burning operation is being conducted to restore forest health or prevent additional deterioration to forest health; meets the requirements of the state smoke management plan to protect public health, visibility, and the environment; and will not be conducted during an air pollution episode or during periods of impaired air quality in the vicinity of the proposed burn.
(c) Upon approval of the request by the department and before burning, the landowner is encouraged to notify the public in the vicinity of the burn of the general location and approximate time of ignition.
(5) The department of ecology may conduct a limited, seasonal ambient air quality monitoring program to measure the effects of forest health burning conducted under subsection (4) of this section. The monitoring program may be developed in consultation with the department of natural resources, private and public forestland owners, academic experts in forest health issues, and the general public.
[ 2019 c 305 s 6; 1995 c 143 s 1; 1991 c 199 s 403. Formerly RCW 70.94.6536, 70.94.665.]
Notes:
Finding—1991 c 199: See note following RCW 70A.15.1005.

catchline: Silvicultural forest burning—Reduce statewide emissions—Exemption—Monitoring program.


title: RCW 70A.15.5140

text:
(1) The department of natural resources, in granting burning permits for fires for the purposes set forth in RCW 70A.15.5120, 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.
(2)(a) 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:
(i) Slash production minimization;
(ii) Slash utilization;
(iii) Nonburning disposal;
(iv) Silvicultural burning; and
(v) Use of portable flame cap kilns.
(b) Such alternative methods shall be evaluated as to the relative impact on air, water, and land pollution, public health, and their financial feasibility.
(3) 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 70A.15.3580.
[ 2024 c 280 s 5; 2020 c 20 s 1144; 2019 c 305 s 7; 2009 c 118 s 502; 1991 c 199 s 405; 1971 ex.s. c 232 s 3. Formerly RCW 70.94.6538, 70.94.670.]
Notes:
Purpose—2009 c 118: See note following RCW 70A.15.5000.
Finding—1991 c 199: See note following RCW 70A.15.1005.

catchline: Burning permits for abating or prevention of forest fire hazards, management of ecosystems, instruction or silvicultural operations—Conditions for issuance and use of permits—Air quality standards to be met—Alternate methods to lessen forest debris.


title: RCW 70A.15.5150

text:
In the regulation of outdoor burning not included in RCW 70A.15.5120 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 70A.15.5010, 70A.15.5020, 70A.15.5040, 70A.15.5050, 70A.15.5060, 70A.15.5070, and 70A.15.5080. 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.
[ 2020 c 20 s 1145; 2009 c 118 s 503; 1991 c 199 s 406; 1971 ex.s. c 232 s 5. Formerly RCW 70.94.6540, 70.94.690.]
Notes:
Purpose—2009 c 118: See note following RCW 70A.15.5000.
Finding—1991 c 199: See note following RCW 70A.15.1005.

catchline: Cooperation between department of natural resources and state, local, or regional air pollution authorities—Withholding of permits.


title: RCW 70A.15.5160

text:
The department of natural resources and the department of ecology may adopt rules necessary to implement their respective responsibilities under the provisions of RCW 70A.15.5090, 70A.15.5100, 70A.15.5110, 70A.15.5120, 70A.15.5130, 70A.15.5140, 70A.15.5150, 70A.15.5160, and 70A.15.5170.
[ 2020 c 20 s 1146; 2009 c 118 s 504; 1971 ex.s. c 232 s 6. Formerly RCW 70.94.6542, 70.94.700.]
Notes:
Purpose—2009 c 118: See note following RCW 70A.15.5000.

catchline: Adoption of rules.


title: RCW 70A.15.5170

text:
Nothing in this chapter prohibits fires necessary to promote the regeneration of rare and endangered plants found within natural area preserves as identified under chapter 79.70 RCW. Permits issued for burning under this section shall be drafted to minimize emissions including denial of permission to burn during periods of adverse meteorological conditions.
[ 2009 c 118 s 703; 1991 c 199 s 407. Formerly RCW 70.94.6544, 70.94.651.]
Notes:
Purpose—2009 c 118: See note following RCW 70A.15.5000.
Finding—1991 c 199: See note following RCW 70A.15.1005.

catchline: Burning permits for regeneration of rare and endangered plants.


title: RCW 70A.15.5180

text:
(1) Aircraft crash rescue fire training activities meeting the following conditions do not require a permit under this section, or under RCW 70A.15.5010, 70A.15.5020, 70A.15.5030, 70A.15.5040, 70A.15.5050, 70A.15.5060, 70A.15.5070, and 70A.15.5080, 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 70A.15.6010 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 70A.15.5100, 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.
(2) Aircraft crash rescue fire training activities conducted in compliance with subsection (1) of this section are not subject to the prohibition, in RCW 70A.15.5010(1), of outdoor fires containing petroleum products and are not considered outdoor burning under RCW 70A.15.5010, 70A.15.5020, 70A.15.5030, 70A.15.5040, 70A.15.5050, 70A.15.5060, 70A.15.5070, and 70A.15.5080.
(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 70A.15.5010(1).
[ 2020 c 20 s 1147; 2009 c 118 s 601. Formerly RCW 70.94.6546.]
Notes:
Purpose—2009 c 118: See note following RCW 70A.15.5000.

catchline: Aircraft crash rescue fire training—Training to fight structural fires—Training to fight forest fires—Other firefighter instruction.


title: RCW 70A.15.5190

text:
Consistent with RCW 70A.15.5020, outdoor burning may be allowed anywhere in the state for the exclusive purpose of managing storm or flood-related debris.
[ 2020 c 20 s 1148; 2009 c 118 s 701. Formerly RCW 70.94.6548.]
Notes:
Purpose—2009 c 118: See note following RCW 70A.15.5000.

catchline: Outdoor burning allowed for managing storm or flood-related debris.


title: RCW 70A.15.5200

text:
Nothing in this chapter prohibits fires necessary for Indian ceremonies or for the sending of smoke signals if part of a religious ritual. Permits issued for burning under this section shall be drafted to minimize emissions including denial of permission to burn during periods of adverse meteorological conditions.
[ 2009 c 118 s 702. Formerly RCW 70.94.6550.]
Notes:
Purpose—2009 c 118: See note following RCW 70A.15.5000.

catchline: Fires necessary for Indian ceremonies or smoke signals.


title: RCW 70A.15.5210

text:
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 70A.15.5100. 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.
[ 2020 c 20 s 1149; 2009 c 118 s 704. Formerly RCW 70.94.6552.]
Notes:
Purpose—2009 c 118: See note following RCW 70A.15.5000.

catchline: Permit to set fires for weed abatement.


title: RCW 70A.15.5220

text:
Consistent with RCW 70A.15.5070, 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 70A.15.6010. This section shall only apply within counties with a population less than two hundred fifty thousand.
[ 2020 c 20 s 1150; 2009 c 118 s 705. Formerly RCW 70.94.6554.]
Notes:
Purpose—2009 c 118: See note following RCW 70A.15.5000.

catchline: Disposal of tumbleweeds.


title: RCW 70A.15.6000

text:
The legislature finds that whenever meteorological conditions occur which reduce the effective volume of air into which air contaminants are introduced, there is a high danger that normal operations at air contaminant sources in the area affected will be detrimental to public health or safety. Whenever such conditions, herein denominated as air pollution episodes, are forecast, there is a need for rapid short-term emission reduction in order to avoid adverse health or safety consequences.
Therefore, it is declared to be the policy of this state that an episode avoidance plan should be developed and implemented for the temporary reduction of emissions during air pollution episodes.
It is further declared that power should be vested in the governor to issue emergency orders for the reduction or discontinuance of emissions when such emissions and weather combine to create conditions imminently dangerous to public health and safety.
[ 1971 ex.s. c 194 s 1. Formerly RCW 70.94.710.]

catchline: Air pollution episodes—Legislative finding—Declaration of policy.


title: RCW 70A.15.6010

text:
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 70A.15.3580(1)(b) or calling a single-stage impaired air quality condition as provided by RCW 70A.15.3580. "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 70A.15.6020.
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.
[ 2020 c 20 s 1152; 2012 c 117 s 409; 1990 c 128 s 4; 1971 ex.s. c 194 s 2. Formerly RCW 70.94.715.]

catchline: Air pollution episodes—Episode avoidance plan—Contents—Source emission reduction plans—Authority—Considered orders.


title: RCW 70A.15.6020

text:
Whenever the governor finds that emissions from the operation of one or more air contaminant sources is causing imminent danger to public health or safety, he or she may declare an air pollution emergency and may order the person or persons responsible for the operation of such air contaminant source or sources to reduce or discontinue emissions consistent with good operating practice, safe operating procedures, and source emission reduction plans, if any, adopted by the department of ecology or any local air pollution control authority to which the department of ecology has delegated authority to adopt emission reduction plans. Orders authorized by this section shall be in writing and may be issued without prior notice or hearing. In the absence of the governor, any findings, declarations, and orders authorized by this section may be made and issued by his or her authorized representative.
[ 2012 c 117 s 410; 1971 ex.s. c 194 s 3. Formerly RCW 70.94.720.]

catchline: Air pollution episodes—Declaration of air pollution emergency by governor.


title: RCW 70A.15.6030

text:
Whenever any order has been issued pursuant to RCW 70A.15.6000 through 70A.15.6040, 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.
[ 2020 c 20 s 1153; 1971 ex.s. c 194 s 4. Formerly RCW 70.94.725.]

catchline: Air pollution episodes—Restraining orders, temporary injunctions to enforce orders—Procedure.


title: RCW 70A.15.6040

text:
Orders issued to declare any stage of an air pollution episode avoidance plan under RCW 70A.15.6010, and to declare an air pollution emergency, under RCW 70A.15.6020, and orders to persons responsible for the operation of an air contaminant source to reduce or discontinue emissions, according to RCW 70A.15.6010 and 70A.15.6020 shall be effective immediately and shall not be stayed pending completion of review.
[ 2020 c 20 s 1154; 1971 ex.s. c 194 s 5. Formerly RCW 70.94.730.]

catchline: Air pollution episodes—Orders to be effective immediately.


title: RCW 70A.15.6050

text:
Notwithstanding any provision of the law to the contrary, except RCW 70A.15.5120 through 70A.15.5150, 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.
[ 2020 c 20 s 1155; 1973 1st ex.s. c 193 s 11. Formerly RCW 70.94.785.]

catchline: Plans approved pursuant to federal clean air act—Enforcement authority.


title: RCW 70A.15.6200

text:
The legislature recognizes that:
(1) Acid deposition resulting from commercial, industrial or other emissions of sulphur dioxide and nitrogen oxides pose a threat to the delicate balance of the state's ecological systems, particularly in alpine lakes that are known to be highly sensitive to acidification;
(2) Failure to act promptly and decisively to mitigate or eliminate this danger may soon result in untold and irreparable damage to the fish, forest, wildlife, agricultural, water, and recreational resources of this state;
(3) There is a direct correlation between emissions of sulphur dioxides and nitrogen oxides and increases in acid deposition;
(4) Acidification is cumulative; and
(5) Once an environment is acidified, it is difficult, if not impossible, to restore the natural balance.
It is therefore the intent of the legislature to provide for early detection of acidification and the resulting environmental degradation through continued monitoring of acid deposition levels and trends, and major source changes, so that the legislature can take any necessary action to prevent environmental degradation resulting from acid deposition.
[ 1985 c 456 s 1; 1984 c 277 s 1. Formerly RCW 70.94.800.]

catchline: Legislative declaration—Intent.


title: RCW 70A.15.6210

text:
As used in RCW 70A.15.6200 through 70A.15.6220, 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.
[ 2020 c 20 s 1156; 1985 c 456 s 2; 1984 c 277 s 2. Formerly RCW 70.94.805.]

catchline: Definitions.


title: RCW 70A.15.6220

text:
The department of ecology shall maintain a program of periodic monitoring of acid rain deposition and lake, stream, and soil acidification to ensure early detection of acidification and environmental degradation.
[ 1987 c 505 s 61; 1985 c 456 s 5; 1984 c 277 s 6. Formerly RCW 70.94.820.]

catchline: Monitoring by department of ecology.


title: RCW 70A.15.6230

text:
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 70A.15.6240, the bubble program under RCW 70A.15.2240, and the new source review program under RCW 70A.15.2210, if there will be no net adverse impact on air quality.
[ 2020 c 20 s 1157; 1984 c 164 s 1. Formerly RCW 70.94.850.]

catchline: Emission credits banking program—Amount of credit.


title: RCW 70A.15.6240

text:
The department of ecology may accept delegation of programs as provided for in the federal clean air act. Subject to federal approval, the department may, in turn, delegate such programs to the local authority with jurisdiction in a given area.
[ 1991 c 199 s 312; 1984 c 164 s 2. Formerly RCW 70.94.860.]
Notes:
Finding—1991 c 199: See note following RCW 70A.15.1005.

catchline: Department of ecology may accept delegation of programs.


title: RCW 70A.15.6250

text:
The department of ecology, in consultation with the appropriate committees of the house of representatives and of the senate, shall:
(1) Continue evaluation of information and research on acid deposition in the Pacific Northwest region;
(2) Establish critical levels of acid deposition and lake, stream, and soil acidification; and
(3) Notify the legislature if acid deposition or lake, stream, and soil acidification reaches the levels established under subsection (2) of this section.
[ 1991 c 199 s 313; 1985 c 456 s 3. Formerly RCW 70.94.875.]
Notes:
Finding—1991 c 199: See note following RCW 70A.15.1005.

catchline: Evaluation of information on acid deposition in Pacific Northwest—Establishment of critical levels—Notification of legislature.


title: RCW 70A.15.6260

text:
In establishing critical levels of acid deposition and lake, stream, and soil acidification, the department of ecology shall consider:
(1) Current acid deposition and lake, stream, and soil acidification levels;
(2) Changes in acid deposition and lake, stream, and soil acidification levels;
(3) Effects of acid deposition and lake, stream, and soil acidification on the environment; and
(4) The need to prevent environmental degradation.
[ 1985 c 456 s 4. Formerly RCW 70.94.880.]

catchline: Establishment of critical deposition and acidification levels—Considerations.


title: RCW 70A.15.6270

text:
(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 70A.15.2210 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 70A.15.2210. 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 70A.15.2200 and 70A.15.2260. The department or authority shall track its costs related to review, approval, and monitoring conformance with carbon dioxide mitigation plans.
[ 2020 c 20 s 1158; 2004 c 224 s 8. Formerly RCW 70.94.892.]

catchline: Carbon dioxide mitigation—Fees.


title: RCW 70A.15.6400

text:
The department may disburse matching grants from funds provided by the legislature from the air pollution control account, created in RCW 70A.15.1010, 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.
[ 2020 c 20 s 1159; 1996 c 186 s 517; 1991 c 199 s 218. Formerly RCW 70.94.960.]
Notes:
Findings—Intent—Part headings not law—Effective date—1996 c 186: See notes following RCW 43.330.904.
Finding—1991 c 199: See note following RCW 70A.15.1005.
Clean fuel: RCW 70A.25.120.
Refueling: RCW 80.28.280.
State vehicles: RCW 43.19.637.

catchline: Clean fuel matching grants for public transit, vehicle mechanics, and refueling infrastructure.


title: RCW 70A.15.6440

text:
(1) It is the intent of the legislature for a general permit or permit by rule adopted by the department under this section to streamline the permitting process for a stationary natural gas engine used in a combined heat and power system. It is the further intent of the legislature that a general permit or permit by rule be adopted and implemented as the permitting mechanism for the new construction of a combined heat and power system.
(2) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Natural gas" includes: Naturally occurring mixtures of hydrocarbon gases and vapors consisting principally of methane, whether in gaseous or liquid form; and biogas derived from landfills, wastewater treatment facilities, anaerobic digesters, and other sources of organic decomposition that have been purified to meet standards for natural gas derived from fossil fuel sources.
(b) "Stationary natural gas engine" includes any stationary, natural gas internal combustion engine, whether it is an internal combustion reciprocating engine or a gas turbine. The term does not include a natural gas engine that powers a motor vehicle or other mobile source.
(3) This section applies only to a stationary natural gas engine used in a combined heat and power system.
(4) The department shall issue a general permit or permit by rule for new stationary natural gas engines used in a combined heat and power system that establishes emission limits for air contaminants released by the engines.
(5) In adopting a general permit or permit by rule under this section, the department may consider:
(a) The geographic location in which a stationary natural gas engine may be used, including the proximity to an area designated as a nonattainment area;
(b) The total annual operating hours of a stationary natural gas engine;
(c) The technology used by a stationary natural gas engine;
(d) Whether the stationary natural gas engine will be a major stationary source or part of a new or modified major stationary source as those terms are utilized in Title I of the federal clean air act; and
(e) Other relevant emission control or clean air policies of the state.
(6) In addition to emission limits required by federal and state laws, the department must provide for the emission limits for stationary natural gas engines subject to this section to be measured in terms of air contaminant emissions per United States environmental protection agency unit of energy output. The department shall consider both the primary and secondary functions when determining the engine's emissions per unit of energy output.
[ 2015 3rd sp.s. c 19 s 13. Formerly RCW 70.94.991.]
Notes:
Finding—Intent—2015 3rd sp.s. c 19: See note following RCW 39.35.010.

catchline: Stationary natural gas engines used in combined heat and power systems—Permitting process—Emission limits.


title: RCW 70A.15.6450

text:
(1) An owner or operator of an industrial, commercial, or institutional boiler or process heater required to complete an energy assessment under 40 C.F.R. Part 63 subpart DDDDD shall:
(a) By January 31, 2018, submit nonproprietary information reported in the energy assessment electronically to the department or air pollution control authority that issues the air operating permit for the source, following completion of the assessment; and
(b) By January 31, 2018, submit a report electronically to the Washington State University extension energy program that identifies, if applicable, the economic, technical, and other barriers to implementing thermal efficiency opportunities identified in the energy assessment.
(2) An owner or operator of an industrial, commercial, or institutional boiler or process heater who has not completed an energy assessment under 40 C.F.R. Part 63 subpart DDDDD must request a free combined heat and power site qualification screening from the United States department of energy.
(3) The requirements established in this section shall not apply to an owner or operator of an industrial, commercial, or institutional boiler or process heater if:
(a) The owner or operator is not required to complete an energy assessment under 40 C.F.R. Part 63 subpart DDDDD as it existed on October 9, 2015; or
(b) Prior to the dates in subsection (1) of this section, the owner or operator is no longer required to complete an energy assessment under 40 C.F.R. Part 63 subpart DDDDD.
[ 2015 3rd sp.s. c 19 s 14. Formerly RCW 70.94.992.]
Notes:
Finding—Intent—2015 3rd sp.s. c 19: See note following RCW 39.35.010.

catchline: Boiler or process heaters—Assessment and reporting requirements.


title: RCW 70A.15.6455

text:
In determining restitution following a criminal conviction under this chapter, the court is authorized to order restitution for harm to natural resources or the environment.
[ 2024 c 342 s 2.]

catchline: Restitution following a criminal conviction.


title: RCW 70A.15.9001

text:
This 1967 amendatory act shall not be construed to create in any way nor to enlarge, diminish or otherwise affect in any way any private rights in any civil action for damages. Any determination that there has been a violation of the provisions of this 1967 amendatory act or of any ordinance, rule, regulation or order issued pursuant thereto, shall not create by reason thereof any presumption or finding of fact or of law for use in any lawsuit brought by a private citizen.
[ 1967 c 238 s 65. Formerly RCW 70.94.901.]

catchline: Construction—1967 c 238.


title: RCW 70A.15.9002

text:
The following acts or parts of acts are each repealed:
(1) Section 7, chapter 238, Laws of 1967, and RCW 70.94.061;
(2) Section 8, chapter 238, Laws of 1967, and RCW 70.94.062;
(3) Section 9, chapter 238, Laws of 1967, and RCW 70.94.064; and
(4) Section 10, chapter 238, Laws of 1967, and RCW 70.94.066.
Such repeals shall not be construed as affecting any authority in existence on April 24, 1969, nor as affecting any action, activities or proceedings initiated by such authority prior hereto, nor as affecting any civil or criminal proceedings instituted by such authority, nor any rule, regulation, resolution, ordinance, or order promulgated by such authority, nor any administrative action taken by such authority, nor the term of office, or appointment or employment of any person appointed or employed by such authority.
[ 1969 ex.s. c 168 s 46. Formerly RCW 70.94.902.]

catchline: Construction, repeal of RCW 70.94.061 through 70.94.066—Saving.


title: RCW 70A.15.9003

text:
Sections 602 and 603 of this act shall take effect July 1, 1992. Sections 202 through 209 of this act shall take effect January 1, 1993. Sections 210 and 505 of this act shall take effect January 1, 1992.
The remainder of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.
[ 1991 c 199 s 717. Formerly RCW 70.94.904.]

catchline: Effective dates—1991 c 199.


title: RCW 70A.15.9004

text:
If any phrase, clause, subsection or section of this 1967 amendatory act shall be declared unconstitutional or invalid by any court of competent jurisdiction, it shall be conclusively presumed that the legislature would have enacted this act without the phrase, clause, subsection or section so held unconstitutional or invalid and the remainder of the act shall not be affected as a result of said part being held unconstitutional or invalid.
[ 1967 c 238 s 64. Formerly RCW 70.94.911.]

catchline: Severability—1967 c 238.


title: RCW 70A.20.010

text:
The legislature finds that inadequately controlled noise adversely affects the health, safety and welfare of the people, the value of property, and the quality of the environment. Antinoise measures of the past have not adequately protected against the invasion of these interests by noise. There is a need, therefore, for an expansion of efforts statewide directed toward the abatement and control of noise, considering the social and economic impact upon the community and the state. The purpose of this chapter is to provide authority for such an expansion of efforts, supplementing existing programs in the field.
[ 1974 ex.s. c 183 s 1. Formerly RCW 70.107.010.]

catchline: Purpose.


title: RCW 70A.20.020

text:
As used in this chapter, unless the context clearly indicates otherwise:
(1) "Department" means the department of ecology.
(2) "Director" means director of the department of ecology.
(3) "Local government" means county or city government or any combination of the two.
(4) "Noise" means the intensity, duration and character of sounds from any and all sources.
(5) "Person" means any individual, corporation, partnership, association, governmental body, state, or other entity whatsoever.
[ 1974 ex.s. c 183 s 2. Formerly RCW 70.107.020.]


title: RCW 70A.20.030

text:
The department is empowered as follows:
(1) The department, after consultation with state agencies expressing an interest therein, shall adopt, by rule, maximum noise levels permissible in identified environments in order to protect against adverse affects of noise on the health, safety and welfare of the people, the value of property, and the quality of environment: PROVIDED, That in so doing the department shall take also into account the economic and practical benefits to be derived from the use of various products in each such environment, whether the source of the noise or the use of such products in each environment is permanent or temporary in nature, and the state of technology relative to the control of noise generated by all such sources of the noise or the products.
(2) At any time after the adoption of maximum noise levels under subsection (1) of this section the department shall, in consultation with state agencies and local governments expressing an interest therein, adopt rules, consistent with the Federal Noise Control Act of 1972 (86 Stat. 1234; 42 U.S.C. Sec. 4901-4918 and 49 U.S.C. Sec. 1431), for noise abatement and control in the state designed to achieve compliance with the noise level adopted in subsection (1) of this section, including reasonable implementation schedules where appropriate, to insure that the maximum noise levels are not exceeded and that application of the best practicable noise control technology and practice is provided. These rules may include, but shall not be limited to:
(a) Performance standards setting allowable noise limits for the operation of products which produce noise;
(b) Use standards regulating, as to time and place, the operation of individual products which produce noise above specified levels considering frequency spectrum and duration: PROVIDED, The rules shall provide for temporarily exceeding those standards for stated purposes; and
(c) Public information requirements dealing with disclosure of levels and characteristics of noise produced by products.
(3) The department may, as desirable in the performance of its duties under this chapter, conduct surveys, studies and public education programs, and enter into contracts.
(4) The department is authorized to apply for and accept moneys from the federal government and other sources to assist in the implementation of this chapter.
(5) The legislature recognizes that the operation of motor vehicles on public highways as defined in RCW 46.09.310 contributes significantly to environmental noise levels and directs the department, in exercising the rule-making authority under the provisions of this section, to give first priority to the adoption of motor vehicle noise performance standards.
(6) Noise levels and rules adopted by the department pursuant to this chapter shall not be effective prior to March 31, 1975.
[ 2011 c 171 s 107; 1974 ex.s. c 183 s 3. Formerly RCW 70.107.030.]
Notes:
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.

catchline: Powers and duties of department.


title: RCW 70A.20.040

text:
The director shall name a technical advisory committee to assist the department in the implementation of this chapter. Committee members shall be entitled to reimbursement for travel expenses as provided in RCW 43.03.050 and 43.03.060, as now existing or hereafter amended.
[1975-'76 2nd ex.s. c 34 s 164; 1974 ex.s. c 183 s 4. Formerly RCW 70.107.040.]
Notes:
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.

catchline: Technical advisory committee.


title: RCW 70A.20.050

text:
(1) Any person who violates any rule adopted by the department under this chapter shall be subject to a civil penalty not to exceed one hundred dollars imposed by local government pursuant to this section. An action under this section shall not preclude enforcement of any provisions of the local government noise ordinance.
Penalties shall become due and payable thirty days from the date of receipt of a notice of penalty unless within such time said notice is appealed in accordance with the administrative procedures of the local government, or if it has no such administrative appeal, to the pollution control hearings board pursuant to the provisions of chapter 43.21B RCW and procedural rules adopted thereunder. In cases in which appeals are timely filed, penalties sustained by the local administrative agency or the pollution control hearings board shall become due and payable on the issuance of said agency or board's final order in the appeal.
(2) Whenever penalties incurred pursuant to this section have become due and payable but remain unpaid, the attorney for the local government may bring an action in the superior court of the county in which the violation occurred for recovery of penalties incurred. In all such actions the procedures and rules of evidence shall be the same as in any other civil action.
[ 1987 c 103 s 2; 1974 ex.s. c 183 s 5. Formerly RCW 70.107.050.]

catchline: Civil penalties.


title: RCW 70A.20.060

text:
(1) Nothing in this chapter shall be construed to deny, abridge or alter alternative rights of action or remedies in equity or under common law or statutory law, criminal or civil.
(2) Nothing in this chapter shall deny, abridge or alter any powers, duties and functions relating to noise abatement and control now or hereafter vested in any state agency, nor shall this chapter be construed as granting jurisdiction over the industrial safety and health of employees in workplaces of the state, as now or hereafter vested in the department of labor and industries.
(3) Standards and other control measures adopted by the department under this chapter shall be exclusive except as hereinafter provided. A local government may impose limits or control sources differing from those adopted or controlled by the department upon a finding that such requirements are necessitated by special conditions. Noise limiting requirements of local government which differ from those adopted or controlled by the department shall be invalid unless first approved by the department. If the department of ecology fails to approve or disapprove standards submitted by local governmental jurisdictions within ninety days of submittal, such standards shall be deemed approved. If disapproved, the local government may appeal the decision to the pollution control hearings board which shall decide the appeal on the basis of the provisions of this chapter, and the applicable regulations, together with such briefs, testimony, and oral argument as the hearings board in its discretion may require. The department determination of whether to grant approval shall depend on the reasonableness and practicability of compliance. Particular attention shall be given to stationary sources located near jurisdictional boundaries, and temporary noise producing operations which may operate across one or more jurisdictional boundaries.
(4) In carrying out the rule-making authority provided in this chapter, the department shall follow the procedures of the administrative procedure act, chapter 34.05 RCW, and shall take care that no rules adopted purport to exercise any powers preempted by the United States under federal law.
[ 1987 c 103 s 1; 1974 ex.s. c 183 s 6. Formerly RCW 70.107.060.]

catchline: Other rights, remedies, powers, duties and functions—Local regulation—Approval—Procedure.


title: RCW 70A.20.070

text:
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 70A.20.050.
[ 2020 c 20 s 1326; 1987 c 330 s 749; 1974 ex.s. c 183 s 7. Formerly RCW 70.107.070.]
Notes:
Construction—Application of rules—Severability—1987 c 330: See notes following RCW 28B.12.050.

catchline: Rules relating to motor vehicles—Violations—Penalty.


title: RCW 70A.20.080

text:
The department shall, in the exercise of rule-making power under this chapter, provide exemptions or specially limited regulations relating to recreational shooting and emergency or law enforcement equipment where appropriate in the interests of public safety.
The department in the development of rules under this chapter, shall consult and take into consideration the land use policies and programs of local government.
[ 1974 ex.s. c 183 s 8. Formerly RCW 70.107.080.]

catchline: Exemptions.


title: RCW 70A.20.900

text:
(1) This chapter shall be liberally construed to carry out its broad purposes.
(2) If any provision of this chapter, or its application to any person or circumstance is held invalid, the remainder of the chapter, or the application of the provision to other persons or circumstances is not affected.
[ 1974 ex.s. c 183 s 11. Formerly RCW 70.107.900.]

catchline: Construction—Severability—1974 ex.s. c 183.


title: RCW 70A.20.901

text:
This chapter shall be known and may be cited as the "Noise Control Act of 1974".
[ 1974 ex.s. c 183 s 12. Formerly RCW 70.107.910.]

catchline: Short title.


title: RCW 70A.200.010

text:
(1) The legislature finds:
(a) Washington state is experiencing rapid population growth and its citizens are increasingly mobile;
(b) There is a fundamental need for a healthful, clean, and beautiful environment;
(c) The proliferation and accumulation of litter discarded throughout this state impairs this need and constitutes a public health hazard;
(d) There is a need to conserve energy and natural resources, and the effective litter control and recovery and recycling of litter materials will serve to accomplish such conservation;
(e) In addition to effective litter control, there must be effective programs to accomplish waste reduction, the state's highest waste management priority; and
(f) There must also be effective systems to accomplish all components of recycling, including collection and processing.
(2) Recognizing the multifaceted nature of the state's solid waste management problems, the legislation enacted in 1971 and entitled the "Model Litter Control and Recycling Act" is hereby renamed the "waste reduction, recycling, and model litter control act."
[ 1998 c 257 s 1; 1992 c 175 s 1; 1979 c 94 s 1; 1971 ex.s. c 307 s 1. Formerly RCW 70.93.010.]
Notes:
Effective date—1992 c 175: See RCW 82.19.900.

catchline: Legislative findings.


title: RCW 70A.200.020

text:
(1) The purpose of this chapter is to accomplish litter control, increase waste reduction, and stimulate all components of recycling and composting throughout this state by delegating to the department of ecology the authority to:
(a) Conduct a permanent and continuous program to control and remove litter from this state to the maximum practical extent possible;
(b) Recover and recycle waste materials related to litter and littering;
(c) Foster public and private recycling of recyclable materials and composting of compostable materials;
(d) Increase public awareness of the need for waste reduction, recycling, litter control, and composting;
(e) Coordinate the litter collection efforts by other agencies identified in this chapter; and
(f) Coordinate and expend funds collected under chapter 82.19 RCW with priority given to products identified under RCW 82.19.020 and solely for the purposes of waste reduction, recycling, composting, and litter collection and control programs.
(2) It is further the intent and purpose of this chapter to: (a) Create jobs for employment of youth in litter cleanup and related activities; (b) stimulate and encourage recycling; and (c) encourage proper and appropriate composting. This program shall include the compatible goal of recovery of recyclable materials to conserve energy and natural resources wherever practicable. Every other department of state government and all local governmental units and agencies of this state shall cooperate with the department of ecology in the administration and enforcement of this chapter. The intent of this chapter is to add to and to coordinate existing recycling and litter control and removal efforts and not terminate or supplant such efforts.
[ 2015 c 15 s 1; 1998 c 257 s 2; 1992 c 175 s 2; 1991 c 319 s 101; 1979 c 94 s 2; 1975-'76 2nd ex.s. c 41 s 7; 1971 ex.s. c 307 s 2. Formerly RCW 70.93.020.]
Notes:
Effective date—1992 c 175: See RCW 82.19.900.
Solid waste disposal, recovery and recycling: Chapter 70A.205 RCW.

catchline: Declaration of purpose.


title: RCW 70A.200.030

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Conveyance" means a boat, airplane, or vehicle.
(2) "Department" means the department of ecology.
(3) "Director" means the director of the department of ecology.
(4) "Disposable package or container" means all packages or containers defined as such by rules adopted by the department of ecology.
(5) "Junk vehicle" has the same meaning as defined in RCW 46.55.010.
(6) "Litter" means all waste material including but not limited to disposable packages or containers thrown or deposited as herein prohibited and solid waste that is illegally dumped, but not including the wastes of the primary processes of mining, logging, sawmilling, farming, or manufacturing. "Litter" includes the material described in subsection (11) of this section as "potentially dangerous litter."
(7) "Litter bag" means a bag, sack, or other container made of any material which is large enough to serve as a receptacle for litter inside the vehicle or watercraft of any person. It is not necessarily limited to the state approved litter bag but must be similar in size and capacity.
(8) "Litter receptacle" means those containers adopted by the department of ecology and which may be standardized as to size, shape, capacity, and color and which shall bear the state anti-litter symbol, as well as any other receptacles suitable for the depositing of litter.
(9) "Official gathering" means an event where authorization to hold the event is approved, recognized, or issued by a government, public body, or authority, including but not limited to fairs, musical concerts, athletic games, festivals, tournaments, or any other formal or ceremonial event, during which beverages are sold by a vendor or vendors in single-use aluminum, glass, or plastic bottles or cans.
(10) "Person" means any political subdivision, government agency, municipality, industry, public or private corporation, copartnership, association, firm, individual, or other entity whatsoever.
(11) "Potentially dangerous litter" means litter that is likely to injure a person or cause damage to a vehicle or other property. "Potentially dangerous litter" means:
(a) Cigarettes, cigars, or other tobacco products that are capable of starting a fire;
(b) Glass;
(c) A container or other product made predominantly or entirely of glass;
(d) A hypodermic needle or other medical instrument designed to cut or pierce;
(e) Raw human waste, including soiled baby diapers, regardless of whether or not the waste is in a container of any sort; and
(f) Nails or tacks.
(12) "Public place" means any area that is used or held out for use by the public whether owned or operated by public or private interests.
(13) "Recycling" means transforming or remanufacturing waste materials into a finished product for use other than landfill disposal or incineration.
(14) "Recycling center" means a central collection point for recyclable materials.
(15) "Sports facility" means an outdoor recreational sports facility, including but not limited to athletic fields and ballparks, at which beverages are sold by a vendor or vendors in single-use aluminum, glass, or plastic bottles or cans.
(16) "To litter" means a single or cumulative act of disposing of litter.
(17) "Vehicle" includes every device capable of being moved upon a public highway and in, upon, or by which any persons or property is or may be transported or drawn upon a public highway, excepting devices moved by human or animal power or used exclusively upon stationary rails or tracks.
(18) "Waste reduction" means reducing the amount or toxicity of waste generated or reusing materials.
(19) "Watercraft" means any boat, ship, vessel, barge, or other floating craft.
[ 2007 c 244 s 1; 2003 c 337 s 2; 2000 c 154 s 1; 1998 c 257 s 3; 1991 c 319 s 102; 1979 c 94 s 3; 1971 ex.s. c 307 s 3. Formerly RCW 70.93.030.]
Notes:
Findings—2003 c 337: See note following RCW 70A.200.060.
Severability—2000 c 154: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 2000 c 154 s 5.]

catchline: Definitions.


title: RCW 70A.200.040

text:
In addition to his or her other powers and duties, the director shall have the power to propose and to adopt pursuant to chapter 34.05 RCW rules and regulations necessary to carry out the provisions, purposes, and intent of this chapter.
[ 2012 c 117 s 404; 1971 ex.s. c 307 s 4. Formerly RCW 70.93.040.]

catchline: Administrative procedure act—Application to chapter.


title: RCW 70A.200.050

text:
The director shall designate trained employees of the department to be vested with police powers to enforce and administer the provisions of this chapter and all rules adopted thereunder. The director shall also have authority to contract with other state and local governmental agencies having law enforcement capabilities for services and personnel reasonably necessary to carry out the enforcement provisions of this chapter. In addition, state patrol officers, fish and wildlife officers, fire wardens, deputy fire wardens and forest rangers, sheriffs and marshals and their deputies, and police officers, and those employees of the department of ecology and the parks and recreation commission vested with police powers all shall enforce the provisions of this chapter and all rules adopted thereunder and are hereby empowered to issue citations to and/or arrest without warrant, persons violating any provision of this chapter or any of the rules adopted hereunder. All of the foregoing enforcement officers may serve and execute all warrants, citations, and other process issued by the courts in enforcing the provisions of this chapter and rules adopted hereunder. In addition, mailing by registered mail of such warrant, citation, or other process to his or her last known place of residence shall be deemed as personal service upon the person charged.
[ 2001 c 253 s 8; 1980 c 78 s 132; 1979 c 94 s 4; 1971 ex.s. c 307 s 5. Formerly RCW 70.93.050.]
Notes:
Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010.

catchline: Enforcement of chapter.


title: RCW 70A.200.060

text:
(1) It is a violation of this section to:
(a) Abandon a junk vehicle upon any property;
(b) Throw, drop, deposit, discard, or otherwise dispose of litter upon any public property in the state or upon private property in this state not owned by him or her or in the waters of this state whether from a vehicle or otherwise including but not limited to any public highway, public park, beach, campground, forestland, recreational area, trailer park, highway, road, street, or alley except:
(i) When the property is designated by the state or its agencies or political subdivisions for the disposal of garbage and refuse, and the person is authorized to use such property for that purpose;
(ii) Into a litter receptacle in a manner that will prevent litter from being carried away or deposited by the elements upon any part of the private or public property or waters.
(2)(a) Except as provided in subsection (5) of this section, it is a class 2 civil infraction as provided in RCW 7.80.120 for a person to litter in an amount less than or equal to one cubic foot. This penalty is in addition to any penalty imposed for a violation of RCW 46.61.645(1).
(b) It is a misdemeanor for a person to litter in an amount greater than one cubic foot but less than 10 cubic yards. A violation of this subsection may alternatively be punished with a notice of a natural resource infraction under chapter 7.84 RCW.
(c) It is a gross misdemeanor for a person to litter more than 10 cubic yards.
(d)(i) A person found liable or guilty under this section shall, in addition to the penalties provided for misdemeanors, gross misdemeanors, or for natural resource infractions as provided in RCW 7.84.100, also pay a litter clean-up restitution payment equal to four times the actual cost of cleanup for natural resource infractions and misdemeanors and two times the actual cost of cleanup for gross misdemeanors. The court shall distribute an amount of the litter clean-up restitution payment that equals the actual cost of cleanup to the landowner where the littering incident occurred and the remainder of the restitution payment to the law enforcement agency investigating the incident.
(ii) The court may, in addition to or in lieu of part or all of the cleanup restitution payment, order the person to pick up and remove litter from the property, with prior permission of the legal owner or, in the case of public property, of the agency managing the property.
(iii) The court may suspend or modify the litter cleanup restitution payment for a first-time offender under this section, if the person cleans up and properly disposes of the litter.
(3) If a junk vehicle is abandoned in violation of this section, 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.
(4) If the violation occurs in a state park, the court shall, in addition to any other penalties assessed, order the person to perform 24 hours of community restitution in the state park where the violation occurred if the state park has stated an intent to participate as provided in RCW 79A.05.050.
(5) It is a class 1 civil infraction as provided in RCW 7.80.120 for a person to discard, in violation of this section, potentially dangerous litter in any amount.
[ 2025 c 312 s 2; 2024 c 231 s 2; 2003 c 337 s 3; 2002 c 175 s 45; 2001 c 139 s 1; 2000 c 154 s 2; 1997 c 159 s 1; 1996 c 263 s 1; 1993 c 292 s 1; 1983 c 277 s 1; 1979 ex.s. c 39 s 1; 1971 ex.s. c 307 s 6. Formerly RCW 70.93.060.]
Notes:
Findings—Intent—2025 c 312: "The legislature finds that litter is a persistent challenge that sullies public spaces, damages natural habitats, and pollutes the environment. Improperly disposing of trash poses significant risks to public health, our environment, and the economy.
The legislature also finds that single-use plastic bags are one of the most commonly found items that litter state roads, beaches, and other public spaces. Plastic bag litter is known to harm animals, particularly aquatic species, and contributes to the proliferation of microplastics, which pose significant threats to human health. Encouraging the adoption of alternatives to plastic bags, such as reusable carryout bags, reduces plastic waste. While thicker plastic bags may be more durable and reusable, initial research has demonstrated that many customers may still use them as single-use bags, and consequently, thicker plastic bags contribute to more plastic waste.
The legislature also finds that when specifically tailored, penalties and fees act as effective deterrents to harmful behaviors, such as littering, and can lead to the adoption of more sustainable practices.
Therefore, the legislature intends to discourage littering and the proliferation of plastic waste by enhancing penalties for littering, delaying requirements relating to increasing the thickness of reusable plastic bags, and imposing new penalties for the sale of thicker plastic bags. The legislature also intends to direct the fees collected from the new penalties to the waste reduction, recycling, and litter control account to address the negative impacts of litter." [ 2025 c 312 s 1.]
Findings—2024 c 231: "(1) The legislature finds that, despite a modern waste disposal infrastructure, the occurrences of unlawful solid waste dumping are an increasing problem on open spaces such as privately and publicly owned forestlands. This irresponsible waste dumping, which often includes hazardous materials, asbestos, derelict boats, junk vehicles, appliances, furniture, and household garbage not only creates significant costs for the landowner, but also creates immediate, and sometimes lasting, environmental and habitat damage and degradation of recreational and aesthetic opportunities.
(2) The legislature further finds that the current enforcement system, which relies on the criminalization of illegal dumping, may not be the most effective, efficient, or just penalty system. Converting all but the most egregious illegal dumping from a criminal act to a civil infraction creates a system of deterrence and penalties that better reflects the magnitude of the act, avoids criminal records for individuals who may be unable to afford appropriate waste management options, and reduces the burden on local criminal justice systems and infrastructures." [ 2024 c 231 s 1.]
Findings—2003 c 337: "(1) The legislature finds that the littering of potentially dangerous products poses a greater danger to the public safety than other classes of litter. Broken glass, human waste, and other dangerous materials along roadways, within parking lots, and on pedestrian, bicycle, and recreation trails elevates the risk to public safety, such as vehicle tire punctures, and the risk to the community volunteers who spend their time gathering and properly disposing of the litter left behind by others. As such, the legislature finds that a higher penalty should be imposed on those who improperly dispose of potentially dangerous products, such as is imposed on those who improperly dispose of tobacco products.
(2) The legislature further finds that litter is a nuisance, and, in order to alleviate such a nuisance, counties must be provided statutory authority to declare what shall be a nuisance, to abate a nuisance, and to impose and collect fines upon parties who may create, cause, or commit a nuisance." [ 2003 c 337 s 1.]
Effective date—2002 c 175: See note following RCW 7.80.130.
Severability—2000 c 154: See note following RCW 70A.200.030.
Lighted material, etc.—Receptacles in conveyances: RCW 76.04.455.
Throwing materials on highway prohibited—Removal: RCW 46.61.645.

catchline: Littering prohibited—Penalties—Litter cleanup restitution payment.


title: RCW 70A.200.070

text:
The director may prescribe the procedures for the collection of penalties, costs, and other charges allowed by chapter 7.80 RCW for violations of this chapter.
[ 1996 c 263 s 2; 1993 c 292 s 2; 1983 c 277 s 2; 1971 ex.s. c 307 s 7. Formerly RCW 70.93.070.]

catchline: Collection of fines and forfeitures.


title: RCW 70A.200.080

text:
Pertinent portions of this chapter shall be posted along the public highways of this state and in all campgrounds and trailer parks, at all entrances to state parks, forestlands, and recreational areas, at all public beaches, and at other public places in this state where persons are likely to be informed of the existence and content of this chapter and the penalties for violating its provisions.
[ 1971 ex.s. c 307 s 8. Formerly RCW 70.93.080.]

catchline: Notice to public—Contents of chapter—Required.


title: RCW 70A.200.090

text:
The department shall design and the director shall adopt by rule or regulation one or more types of litter receptacles which are reasonably uniform as to size, shape, capacity and color, for wide and extensive distribution throughout the public places of this state. Each such litter receptacle shall bear an anti-litter symbol as designed and adopted by the department. In addition, all litter receptacles shall be designed to attract attention and to encourage the depositing of litter.
Litter receptacles of the uniform design shall be placed along the public highways of this state and at all parks, campgrounds, trailer parks, drive-in restaurants, gasoline service stations, tavern parking lots, shopping centers, grocery store parking lots, parking lots of major industrial firms, marinas, boat launching areas, boat moorage and fueling stations, public and private piers, beaches and bathing areas, and such other public places within this state as specified by rule or regulation of the director adopted pursuant to chapter 34.05 RCW. The number of such receptacles required to be placed as specified herein shall be determined by a formula related to the need for such receptacles.
It shall be the responsibility of any person owning or operating any establishment or public place in which litter receptacles of the uniform design are required by this section to procure and place such receptacles at their own expense on the premises in accord with rules and regulations adopted by the department.
Any person, other than a political subdivision, government agency, or municipality, who fails to place such litter receptacles on the premises in the numbers required by rule or regulation of the department, violating the provisions of this section or rules or regulations adopted thereunder shall be subject to a fine of ten dollars for each day of violation.
[ 1998 c 257 s 4; 1979 c 94 s 5; 1971 ex.s. c 307 s 9. Formerly RCW 70.93.090.]

catchline: Litter receptacles—Use of anti-litter symbol—Distribution—Placement—Violations—Penalties.


title: RCW 70A.200.100

text:
In communities where there is an established curbside service and where recycling service is available to businesses, a recycling program must be provided at every official gathering and at every sports facility by the vendors who sell beverages in single-use aluminum, glass, or plastic bottles or cans. A recycling program includes provision of receptacles or reverse vending machines, and provisions to transport and recycle the collected materials. Facility managers or event coordinators may choose to work with vendors to coordinate the recycling program. The recycling receptacles or reverse vending machines must be clearly marked, and must be provided for the aluminum, glass, or plastic bottles or cans that contain the beverages sold by the vendor.
[ 2007 c 244 s 2. Formerly RCW 70.93.093.]

catchline: Official gatherings and sports facilities—Recycling.


title: RCW 70A.200.110

text:
(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 70A.205.045.
[ 2020 c 20 s 1075; 1991 c 11 s 2. Formerly RCW 70.93.095.]

catchline: Marinas and airports—Recycling.


title: RCW 70A.200.120

text:
(1) By January 1, 1994, each county or city with a staffed transfer station or landfill in its jurisdiction shall adopt an ordinance to reduce litter from vehicles. The ordinance shall require the operator of a vehicle transporting solid waste to a staffed transfer station or landfill to secure or cover the vehicle's waste in a manner that will prevent spillage. The ordinance may provide exemptions for vehicle operators transporting waste that is unlikely to spill from a vehicle.
The ordinance shall, in the absence of an exemption, require a fee, in addition to other landfill charges, for a person arriving at a staffed landfill or transfer station without a cover on the vehicle's waste or without the waste secured.
(2) The fee collected under subsection (1) of this section shall be deposited, no less often than quarterly, with the city or county in which the landfill or transfer station is located.
(3) A vehicle transporting sand, dirt, or gravel in compliance with the provisions of RCW 46.61.655 shall not be required to secure or cover a load pursuant to ordinances adopted under this section.
[ 1993 c 399 s 1. Formerly RCW 70.93.097.]

catchline: Transported waste must be covered or secured.


title: RCW 70A.200.130

text:
Responsibility for the removal of litter from receptacles placed at parks, beaches, campgrounds, trailer parks, and other public places shall remain upon those state and local agencies performing litter removal. Removal of litter from litter receptacles placed on private property which is used by the public shall remain the responsibility of the owner of such private property.
[ 1971 ex.s. c 307 s 11. Formerly RCW 70.93.110.]

catchline: Removal of litter—Responsibility.