title: RCW 43.21A.622

text:
When the state finance committee issues revenue bonds as provided in RCW 43.21A.620, it shall, as a part of the plan and system, request the state treasurer to establish a special fund or funds to defray the cost of the steam electric utility, or additions or betterments thereto or extensions thereof. The state finance committee may obligate and bind the director to set aside and pay to the state treasurer for deposit into such fund or funds a fixed proportion of the gross revenue of the steam electric utility and all additions or betterments thereto or extensions thereof, or any fixed amount out of, and not exceeding the fixed proportion of such revenue, or a fixed amount without regard to any fixed proportion, or an amount of the revenue equal to a fixed percentage of the aggregate principal amount of revenue bonds at any time issued against the special fund or funds. It may issue and sell utility bonds payable as to both principal and interest only out of such fund or funds.
The revenue bonds shall be payable at such places and times, both as to principal and interest, and bear interest at such rates payable semiannually as the state finance committee shall determine.
[ 1988 c 127 s 16; 1965 c 8 s 43.21.310. Prior: 1957 c 275 s 9. Formerly RCW 43.21.310.]

catchline: Steam electric generating plant—Special funds—Payment of bonds, interest.


doc_type: statute

jurisdiction: wa

title: RCW 43.21A.624

text:
In the issuance of any bonds hereunder the state finance committee shall have due regard to the cost of operation and maintenance of the steam electric utility as acquired, constructed or added to, and to any proportion or amount of the revenue previously pledged as a fund for the payment of revenue bonds. It shall not require to be set aside into the fund a greater amount or proportion of the revenue than in its judgment and as agreed to by the director will be available over and above the cost of maintenance and operation and any amount or proportion of the revenue so previously pledged. Revenue bonds and interest thereon issued against such fund shall be a valid claim of the holder thereof only as against the fund and the proportion or amount of the revenue pledged thereto, but shall constitute a prior charge over all other charges or claims whatsoever against the fund and the proportion or amount of the revenues pledged thereto. Each revenue bond shall state on its face that it is payable from a special fund, naming the fund and the resolution creating it.
[ 1988 c 127 s 17; 1965 c 8 s 43.21.320. Prior: 1957 c 275 s 10. Formerly RCW 43.21.320.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Steam electric generating plant—Considerations in issuance of bonds, limitations.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 43.21A.626

text:
The resolution of the state finance committee authorizing the issuance of revenue bonds shall specify the title of the bonds as determined by the state finance committee, and may contain covenants by the committee to protect and safeguard the security and the rights of the holders thereof, including covenants as to, among other things:
(1) The purpose or purposes to which the proceeds of the sale of the revenue bonds may be applied and the use and disposition thereof;
(2) The use and disposition of the gross revenue of the steam electric utility and any additions or betterments thereto or extensions thereof, the cost of which is to be defrayed with such proceeds, including the creation and maintenance of funds for working capital to be used in the operation of the steam electric utility and for renewals and replacements thereof;
(3) The amount, if any, of additional revenue bonds payable from such fund which may be issued and the terms and conditions on which such additional revenue bonds or warrants may be issued;
(4) The establishment and maintenance of adequate rates and charges for electric power and energy and other services, facilities, and commodities, sold, furnished or supplied by the steam electric utility;
(5) The operation, maintenance, management, accounting and auditing of the electric utility;
(6) The terms upon which the revenue bonds, or any of them, may be redeemed at the election of the agency;
(7) Limitations upon the right to dispose of the steam electric utility or any part thereof without providing for the payment of the outstanding revenue bonds; and
(8) The appointment of trustees, depositaries, and paying agents to receive, hold, disburse, invest, and reinvest all or any part of the income, revenue, receipts and profits derived by the director from the operation, ownership, and management of its steam electric utility.
[ 1988 c 127 s 18; 1965 c 8 s 43.21.330. Prior: 1957 c 275 s 11. Formerly RCW 43.21.330.]

catchline: Steam electric generating plant—Resolution authorizing issuance of bonds, contents, covenants.


title: RCW 43.21A.628

text:
All bonds issued under or by authority of RCW 43.21A.610 through 43.21A.642 shall be sold to the highest and best bidder after such advertising for bids as the state finance committee may deem proper. The state finance committee may reject any and all bids so submitted and thereafter sell such bonds so advertised under such terms and conditions as the state finance committee may deem most advantageous to its own interests.
[ 1988 c 127 s 19; 1970 ex.s. c 56 s 61; 1969 ex.s. c 232 s 32; 1965 c 8 s 43.21.340. Prior: 1957 c 275 s 12. Formerly RCW 43.21.340.]
Notes:
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes following RCW 39.52.020.

catchline: Steam electric generating plant—Sale of bonds.


title: RCW 43.21A.630

text:
Prior to the issuance and delivery of any revenue bonds, such bonds and a certified copy of the resolution authorizing them shall be delivered to the state auditor together with any additional information that he or she may require. When the bonds have been examined they shall be registered by the auditor in books to be kept by him or her for that purpose, and a certificate of registration shall be endorsed upon each bond and signed by the auditor or a deputy appointed by him or her for the purpose. The bonds shall then be prima facie valid and binding obligations of the state finance committee in accordance with their terms, notwithstanding any defects or irregularities in the authorization and issuance of the bonds, or in the sale, execution or delivery thereof.
[ 2009 c 549 s 5090; 1965 c 8 s 43.21.350. Prior: 1957 c 275 s 13. Formerly RCW 43.21.350.]

catchline: Steam electric generating plant—Examination, registration of bonds by state auditor—Defects, irregularities.


title: RCW 43.21A.632

text:
When revenue bonds are outstanding the director shall establish, maintain, and collect rates or charges for electric power and energy, and other services, facilities and commodities sold and supplied by the director which shall be fair and nondiscriminatory and adequate to provide revenue sufficient to pay the principal of and interest on revenue bonds outstanding, and all payments which the director is obligated to make to the state treasurer for deposit in any special fund or funds created for such purpose, and for the proper operation and maintenance of the utility and all necessary repairs, replacements and renewals thereof.
[ 1988 c 127 s 20; 1965 c 8 s 43.21.360. Prior: 1957 c 275 s 14. Formerly RCW 43.21.360.]

catchline: Steam electric generating plant—Rates or charges.


title: RCW 43.21A.634

text:
When the state finance committee has outstanding revenue bonds, the state finance committee, with the concurrence of the director, may by resolution provide for the issuance of refunding revenue bonds with which to refund the outstanding revenue bonds, or any part thereof at maturity, or before maturity if they are by their terms or by other agreement, subject to call for prior redemption, with the right in the state finance committee to combine various series and issues of the outstanding revenue bonds by a single issue of refunding revenue bonds. The refunding bonds shall be payable only out of a special fund created out of the gross revenue of the steam electric utility, and shall only be a valid claim as against such special fund and the amount or proportion of the revenue of the utility pledged to said fund. The rate of interest on refunding revenue bonds shall not exceed the rate of interest on revenue bonds refunded thereby. The state finance committee may exchange the refunding revenue bonds for the revenue bonds which are being refunded, or it may sell them in such manner as it deems for its best interest. Except as specifically provided in this section, the refunding revenue bonds shall be issued in accordance with the provisions contained in RCW 43.21A.610 through 43.21A.642 with respect to revenue bonds.
[ 1988 c 127 s 21; 1965 c 8 s 43.21.370. Prior: 1957 c 275 s 15. Formerly RCW 43.21.370.]

catchline: Steam electric generating plant—Refunding revenue bonds.


title: RCW 43.21A.636

text:
All revenue bonds, including refunding revenue bonds, shall be signed by the governor and the state auditor under the seal of the state, one of which signatures shall be made manually and the other signature may be in printed facsimile, and any coupons may have printed or lithographic facsimile of the signatures of such officers.
[ 1965 c 8 s 43.21.380. Prior: 1957 c 275 s 16. Formerly RCW 43.21.380.]

catchline: Steam electric generating plant—Signatures on bonds.


title: RCW 43.21A.638

text:
The provisions of RCW 43.21A.610 through 43.21A.642 and any resolution providing for the issuance of revenue bonds shall constitute a contract with the holder or holders from time to time of the revenue bonds of the state finance committee. Such provisions of RCW 43.21A.610 through 43.21A.642 and of any such resolution shall be enforceable by any such bondholders by appropriate action in any court of competent jurisdiction.
[ 1988 c 127 s 22; 1965 c 8 s 43.21.390. Prior: 1957 c 275 s 17. Formerly RCW 43.21.390.]

catchline: Steam electric generating plant—Provisions of law, resolution, a contract with bondholder—Enforcement.


title: RCW 43.21A.640

text:
All revenue bonds issued hereunder shall be legal securities, which may be used by a bank or trust company for deposit with the state treasurer, or by a county or city or town treasurer, as security for deposits in lieu of a surety bond under any law relating to deposits of public moneys. They shall constitute legal investments for trustees and other fiduciaries other than corporations doing a trust business in this state, and for savings and loan associations, banks and insurance companies doing business in this state. All revenue bonds and all coupons appertaining thereto shall be negotiable instruments within the meaning and for all purposes of the negotiable instruments law.
[ 1965 c 8 s 43.21.400. Prior: 1957 c 275 s 18. Formerly RCW 43.21.400.]

catchline: Steam electric generating plant—Bonds are legal security, investment, negotiable.


title: RCW 43.21A.642

text:
Nothing in RCW 43.21A.610 through 43.21A.642 shall authorize or empower the director to purchase or acquire any transmission or distribution system or facilities or to engage in the retail distribution of electric energy, or to purchase or acquire any operating hydroelectric generating plant owned by any city or district, or by a privately owned public utility, or which hereafter may be acquired by any city or district by condemnation.
[ 1988 c 127 s 23; 1965 c 8 s 43.21.410. Prior: 1957 c 275 s 19. Formerly RCW 43.21.410.]

catchline: Steam electric generating plant—Director not authorized to acquire other facilities or engage in retail distribution.


title: RCW 43.21A.650

text:
The freshwater aquatic weeds account is hereby created in the state treasury. Expenditures from this account may only be used as provided in RCW 43.21A.660. Moneys in the account may be spent only after appropriation.
[ 1991 c 302 s 2.]
Notes:
Findings—1991 c 302: "The legislature hereby finds that Eurasian water milfoil and other freshwater aquatic weeds can adversely affect fish populations, reduce habitat for desirable plant and wildlife species, and decrease public recreational opportunities. The legislature further finds that the spread of freshwater aquatic weeds is a statewide problem and requires a coordinated response among state agencies, local governments, and the public. It is therefore the intent of the legislature to establish a funding source to reduce the propagation of Eurasian water milfoil and other freshwater aquatic weeds and to manage the problems created by such freshwater aquatic plants." [ 1991 c 302 s 1.]
Effective date—1991 c 302: "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 July 1, 1991, except section 3 of this act shall be effective for vehicle registrations that expire August 31, 1992, and thereafter." [ 1991 c 302 s 6.]

catchline: Freshwater aquatic weeds account.


title: RCW 43.21A.660

text:
Funds in the freshwater aquatic weeds account may be appropriated to the department of ecology to develop a freshwater aquatic weeds management program. Funds shall be expended as follows:
(1) No less than two-thirds of the appropriated funds shall be issued as grants to (a) cities, counties, tribes, special purpose districts, and state agencies to prevent, remove, reduce, or manage excessive freshwater aquatic weeds; (b) fund demonstration or pilot projects consistent with the purposes of this section; and (c) fund hydrilla eradication activities in waters of the state. Except for hydrilla eradication activities, such grants shall only be issued for lakes, rivers, or streams with a public boat launching ramp or which are designated by the department of fish and wildlife for fly-fishing. The department shall give preference to projects having matching funds or in-kind services;
(2) No more than one-third of the appropriated funds shall be expended to:
(a) Develop public education programs relating to preventing the propagation and spread of freshwater aquatic weeds; and
(b) Provide technical assistance to local governments and citizen groups; and
(3) During the 2009-2011 fiscal biennium, the legislature may transfer from the freshwater aquatic weeds account to the state general fund such amounts as reflect the excess fund balance of the account; [and]
(4) During the 2011-2013 fiscal biennium, excess funds in the freshwater aquatic weeds account may be appropriated to the department of agriculture to support the invasive knotweed program.
[ 2011 2nd sp.s. c 9 s 907; 2011 c 5 s 907; 1999 c 251 s 1; 1996 c 190 s 1; 1991 c 302 s 4.]
Notes:
Effective dates—2011 2nd sp.s. c 9: See note following RCW 28B.50.837.
Effective date—2011 c 5: See note following RCW 43.03.220.
Findings—Effective date—1991 c 302: See notes following RCW 43.21A.650.

catchline: Freshwater aquatic weeds management program.


title: RCW 43.21A.662

text:
(1) The department shall appoint an advisory committee to oversee the freshwater aquatic weeds management program.
(2) The advisory committee shall include representatives from the following groups:
(a) Recreational boaters interested in freshwater aquatic weed management;
(b) Residents adjacent to lakes, rivers, or streams with public boat launch facilities;
(c) Local governments;
(d) Scientific specialists;
(e) Pesticide registrants, as defined in RCW 15.58.030; and
(f) Certified pesticide applicators, as defined in RCW 17.21.020, who specialize in the use of aquatic pesticides.
(3) The advisory committee shall review and provide recommendations to the department on freshwater aquatic weeds management program activities and budget and establish criteria for grants funded from the freshwater aquatic weeds account.
[ 2025 c 58 s 2023; 1999 c 251 s 2.]
Notes:
Explanatory note—2025 c 58: See note following RCW 1.16.050.

catchline: Freshwater aquatic weeds management program—Advisory committee.


title: RCW 43.21A.667

text:
(1) The aquatic algae control account is created in the state treasury. Moneys directed to the account from RCW 88.02.640 must be deposited in the account. Expenditures from the account may only be used as provided in this section. Moneys in the account may be spent only after appropriation.
(2) Funds in the aquatic algae control account may be appropriated to the department to develop a freshwater and saltwater aquatic algae control program and may be used to establish contingency funds for emergent issues. Funds must be expended as follows:
(a) As grants to cities, counties, tribes, special purpose districts, and state agencies: (i) To manage excessive freshwater and saltwater nuisance algae, with priority for the treatment of lakes in which harmful algal blooms have occurred within the past three years; and (ii) for freshwater and saltwater nuisance algae monitoring and removal; and
(b) To provide technical assistance to applicants and the public about aquatic algae control.
(3) For the purposes of this section, "saltwater nuisance algae" means native invasive algae (sea lettuce), nonnative invasive algae, and algae producing harmful toxins.
[ 2014 c 76 s 1. Prior: 2011 c 171 s 7; 2011 c 169 s 2; 2011 c 5 s 908; 2009 c 564 s 933; 2005 c 464 s 4.]
Notes:
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Effective date—2011 c 5: See note following RCW 43.03.220.
Effective date—2009 c 564: See note following RCW 2.68.020.
Findings—Intent—2005 c 464: See note following RCW 88.02.560.

catchline: Aquatic algae control account—Freshwater and saltwater aquatic algae control program.


title: RCW 43.21A.680

text:
The director of ecology shall abolish the solid waste plan advisory committee effective July 1, 1994.
[ 1994 sp.s. c 9 s 804.]
Notes:
Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.

catchline: Solid waste plan advisory committee abolished.


title: RCW 43.21A.681

text:
(1) The department of ecology shall develop, by rule, guidelines for the appropriate siting and operation of geoduck aquaculture operations to be included in any master program under this section. The guidelines adopted under this section must be prepared with the advice of the shellfish aquaculture regulatory committee created in section 4, chapter 216, Laws of 2007, which shall serve as the advisory committee for the development of the guidelines.
(2) The guidelines required under this section must be filed for public review and comment no later than six months after the delivery of the final report by the shellfish aquaculture regulatory committee created in section 4, chapter 216, Laws of 2007.
(3) The department of ecology shall update the guidelines required under this section, as necessary, after the completion of the geoduck research by the sea grant program at the University of Washington required under RCW 28B.20.475.
[ 2007 c 216 s 5.]


title: RCW 43.21A.690

text:
(1) The department may enter into a written cost-reimbursement agreement with a permit applicant or project proponent to recover from the applicant or proponent the reasonable costs incurred by the department in carrying out the requirements of this chapter, as well as the requirements of other relevant laws, as they relate to permit coordination, environmental review, application review, technical studies, and permit processing.
(2) The cost-reimbursement agreement shall identify the tasks and costs for work to be conducted under the agreement. The agreement must include a schedule that states:
(a) The estimated number of weeks for initial review of the permit application;
(b) The estimated number of revision cycles;
(c) The estimated number of weeks for review of subsequent revision submittals;
(d) The estimated number of billable hours of employee time;
(e) The rate per hour; and
(f) A date for revision of the agreement if necessary.
(3) The written cost-reimbursement agreement shall be negotiated with the permit applicant or project proponent. Under the provisions of a cost-reimbursement agreement, funds from the applicant shall be used by the department to contract with an independent consultant to carry out the work covered by the cost-reimbursement agreement. The department may also use funds provided under a cost-reimbursement agreement to hire temporary employees, to assign current staff to review the work of the consultant, to provide necessary technical assistance when an independent consultant with comparable technical skills is unavailable, and to recover reasonable and necessary direct and indirect costs that arise from processing the permit. The department shall, in developing the agreement, ensure that final decisions that involve policy matters are made by the agency and not by the consultant. The department shall make an estimate of the number of permanent staff hours to process the permits, and shall contract with consultants or hire temporary employees to replace the time and functions committed by these permanent staff to the project. The billing process shall provide for accurate time and cost accounting and may include a billing cycle that provides for progress payments.
(4) The cost-reimbursement agreement must not negatively impact the processing of other permit applications. In order to maintain permit processing capacity, the agency may hire outside consultants, temporary employees, or make internal administrative changes. Consultants or temporary employees hired as part of a cost-reimbursement agreement or to maintain agency capacity are hired as agents of the state not of the permit applicant. The restrictions of chapter 42.52 RCW apply to any cost-reimbursement agreement, and to any person hired as a result of a cost-reimbursement agreement.
[ 2009 c 97 s 8; 2007 c 94 s 10; 2003 c 70 s 1; 2000 c 251 s 2.]
Notes:
Intent—2000 c 251: "It is the intent of the legislature to allow applicants for environmental permits for complex projects to compensate permitting agencies for providing environmental review through the voluntary negotiation of cost-reimbursement agreements with the permitting agency. It is the further intent of the legislature that cost-reimbursement agreements for complex projects free permitting agency resources to focus on the review of small projects permits." [ 2000 c 251 s 1.]
Captions not law—2000 c 251: "Captions used in this act are not any part of the law." [ 2000 c 251 s 8.]
Effective date—2000 c 251: "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 takes effect immediately [March 31, 2000]." [ 2000 c 251 s 9.]

catchline: Cost-reimbursement agreements.


title: RCW 43.21A.700

text:
(1) Prior to transferring ownership of a department-owned vessel, the department shall conduct a thorough review of the physical condition of the vessel, the vessel's operating capability, and any containers and other materials that are not fixed to the vessel.
(2) If the department determines that the vessel is in a state of advanced deterioration or poses a reasonably imminent threat to human health or safety, including a threat of environmental contamination, the department may: (a) Not transfer the vessel until the conditions identified under this subsection have been corrected; or (b) permanently dispose of the vessel by landfill, deconstruction, or other related method.
[ 2013 c 291 s 23.]

catchline: Transfer of ownership of department-owned vessel—Review of vessel's physical condition.


title: RCW 43.21A.702

text:
(1) Following the inspection required under RCW 43.21A.700 and prior to transferring ownership of a department-owned vessel, the department shall obtain the following from the transferee:
(a) The purposes for which the transferee intends to use the vessel; and
(b) Information demonstrating the prospective owner's intent to obtain legal moorage following the transfer, in the manner determined by the department.
(2)(a) The department shall remove any containers or other materials that are not fixed to the vessel and contain hazardous substances, as defined under RCW 70A.305.020.
(b) However, the department may transfer a vessel with:
(i) Those containers or materials described under (a) of this subsection where the transferee demonstrates to the department's satisfaction that the container's or material's presence is consistent with the anticipated use of the vessel; and
(ii) A reasonable amount of fuel as determined by the department, based on factors including the vessel's size, condition, and anticipated use of the vessel including initial destination following transfer.
(3) Prior to sale, and unless the vessel has a valid marine document, the department is required to apply for a title or certificate of title for the vessel under RCW 88.02.510 and register the vessel under RCW 88.02.550.
[ 2020 c 20 s 1032; 2013 c 291 s 24.]

catchline: Transfer of ownership of department-owned vessel—Further requirements.


title: RCW 43.21A.711

text:
(1) Cities and counties may submit a petition to the department for reimbursement of extraordinary costs associated with managing unforeseen consequences of used oil contaminated with polychlorinated biphenyl and compliance with United States environmental protection agency enforcement orders and enforcement-related agreements.
(2) The department, in consultation with city and county moderate risk waste coordinators, the United States environmental protection agency, and other stakeholders, must process and prioritize city and county petitions that meet the following conditions:
(a) The petitioning city or county has followed and met:
(i) The updated best management practices guidelines for the collection and management of used oil; and
(ii) The best management practices for preventing and managing polychlorinated biphenyl contamination, as required under RCW 70A.224.030; and
(b) The department has determined that:
(i) The costs to the petitioning city or county for disposal of the contaminated oil or for compliance with United States environmental protection agency enforcement orders or enforcement-related agreements are extraordinary; and
(ii) The city or county could not reasonably accommodate or anticipate the extraordinary costs in their normal budget processes by following and meeting the best management practices for oil contaminated with polychlorinated biphenyl.
(3) Before January 1st of each year, the department must develop and submit to the appropriate fiscal committees of the senate and house of representatives a prioritized list of submitted petitions that the department recommends for funding by the legislature. It is the intent of the legislature that if funded, the reimbursement of extraordinary city or county costs associated with polychlorinated biphenyl management and compliance activities come from the model toxics control operating account created in RCW 70A.305.180.
[ 2020 c 20 s 1033; 2014 c 173 s 3.]

catchline: Used oil contaminated with polychlorinated biphenyl—Petition for reimbursement of extraordinary costs—Processing and prioritizing petitions—Prioritized list to the legislature.


title: RCW 43.21A.721

text:
(1) Subject to the availability of amounts appropriated for this specific purpose, the department of ecology shall provide grants to emergency responders to assist with oil spill and hazardous materials response and firefighting equipment and resources needed to meet the requirements of chapter 274, Laws of 2015.
(2) For the purposes of determining grant allocations, the department of ecology, in consultation with emergency first responders, oil spill response cooperatives, representatives from the oil and rail industries, and businesses that are recipients of liquid bulk crude oil shall: (a) Conduct an evaluation of oil spill and hazardous materials response and firefighting equipment and resources currently available for oil spill and hazardous materials response activities throughout the state; (b) review the local emergency management coordinating efforts for oil spill and hazardous materials response; (c) determine the need for additional, new, or updated equipment and resources; and (d) identify areas or regions of the state that are in greatest need of resources and oil spill and hazardous materials response and firefighting equipment.
(3) The department of ecology, in consultation with emergency first responders, oil spill response cooperatives, representatives from the oil and rail industries, and businesses that are recipients of liquid bulk crude oil shall review grant applications to prioritize grant awards using the evaluation of availability of oil spill and hazardous materials response and firefighting equipment and resources as determined in subsection (2) of this section.
(a) The application review must include evaluation of equipment and resource requests, funding requirements, and coordination with existing equipment and resources in the area.
(b) Funding must be prioritized for applicants from areas where the need for firefighting and oil spill and hazardous materials response equipment is the greatest as determined in subsection (2) of this section.
(c) Grants must be coordinated to maximize currently existing equipment and resources that have been put in place by first responders and industry.
[ 2015 c 274 s 26.]
Notes:
Effective date—2015 c 274: See note following RCW 90.56.005.

catchline: Grants to emergency responders—Assistance to meet the requirements of chapter 274, Laws of 2015.


title: RCW 43.21A.730

text:
(1) The office of Chehalis basin is established in the department. The primary purpose of the office is to aggressively pursue implementation of an integrated strategy and administer funding for long-term flood damage reduction and aquatic species restoration in the Chehalis river basin.
(2) The office of Chehalis basin must be funded from appropriations specified for Chehalis river basin-related flood hazard reduction and habitat recovery activities.
(3) In operating the office, the department must follow, to the greatest extent practicable, the model being used to administer the Columbia river basin water supply program established in chapter 6, Laws of 2006.
[ 2016 c 194 s 1.]

catchline: Office of Chehalis basin.


title: RCW 43.21A.731

text:
(1) The Chehalis board is created consisting of seven voting members.
(2)(a) Four members of the board must be voting members who are appointed through the governor. The governor shall invite the Confederated Tribes of the Chehalis Reservation and the Quinault Indian Nation to each designate a voting member of the board, each of which may also designate a voting alternate member of the board. In addition, the governor shall appoint two members of the board, subject to confirmation by the senate. Three board members must be selected by the Chehalis basin flood authority. No member may have a direct financial interest in the actions of the board. The governor shall appoint one of the flood authority appointees as the chair. The voting members of the board must be appointed for terms of four years, except that one member appointed by the governor and one member appointed by the flood authority initially must be appointed for terms of two years, and one member appointed by the governor and two members appointed by the flood authority must initially be appointed for terms of three years. In making the appointments, each appointing authority shall seek a board membership that collectively provides the expertise necessary to provide strong oversight for implementation of the Chehalis basin strategy, that provides extensive knowledge of local government processes and functions, and that has an understanding of issues relevant to reducing flood damages and restoring aquatic species.
(b) In addition to the seven voting members of the board, the following five state officials must serve as ex officio nonvoting members of the board: The director of the department of fish and wildlife, the executive director of the Washington state conservation commission, the secretary of the department of transportation, the director of the department of ecology, and the commissioner of public lands. The state officials serving in an ex officio capacity may designate a representative of their respective agencies to serve on the board in their behalf. These designations must be made in writing and in such a manner as is specified by the board.
(3) Staff support to the board must be provided by the department. For administrative purposes, the board is located within the department.
(4) Members of the board who do not represent state agencies must be compensated as provided by RCW 43.03.250. Members of the board shall be reimbursed for travel expenses as provided by RCW 43.03.050 and 43.03.060.
(5) The board is responsible for oversight of a long-term strategy resulting from the department's programmatic environmental impact statement for the Chehalis river basin to reduce flood damages and restore aquatic species habitat.
(6) The board is responsible for overseeing the implementation of the strategy and developing biennial and supplemental budget recommendations to the governor.
[ 2020 c 17 s 1; 2017 c 27 s 1; 2016 c 194 s 2.]
Notes:
Effective date—2017 c 27: "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 takes effect immediately [April 17, 2017]." [ 2017 c 27 s 2.]

catchline: Chehalis board.


title: RCW 43.21A.732

text:
The Chehalis basin strategy must include a detailed set of actions to reduce flood damage and improve aquatic species habitat. The strategy must be amended by the Chehalis board as necessary to include new scientific information and needed changes to the actions to achieve the overall purpose of the strategy. The strategy must include an implementation schedule and quantified measures for evaluating the success of implementation.
[ 2016 c 194 s 3.]

catchline: Chehalis basin strategy.


title: RCW 43.21A.733

text:
The Chehalis basin account is created in the state treasury. All receipts from direct appropriations from the legislature, including the proceeds of tax exempt bonds, or moneys directed to the account from any other sources must be deposited in the account. Interest earned by deposits in the account will be retained in the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for the purposes set out in RCW 43.21A.730 and for the payment of expenses incurred in the issuance and sale of bonds.
[ 2016 c 194 s 4.]

catchline: Chehalis basin account.


title: RCW 43.21A.734

text:
The Chehalis basin taxable account is created in the state treasury. All receipts from the proceeds of taxable bonds for the office of Chehalis basin, as well as other moneys directed to the account, must be deposited in the account. Interest earned by deposits in the account will be retained in the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for the purposes set out in RCW 43.21A.730 and for the payment of expenses incurred in the issuance and sale of the bonds.
[ 2020 c 221 s 4.]

catchline: Chehalis basin taxable account.


title: RCW 43.21A.740

text:
The department must apply and comply with the substantive and procedural requirements of chapter 70A.02 RCW.
[ 2021 c 314 s 5.]
Notes:
Conflict with federal requirements—2021 c 314: See note following RCW 70A.02.005.

catchline: Environmental justice obligations of the department of ecology.


title: RCW 43.21A.745

text:
The laboratory accreditation account is created in the state treasury. All receipts received by the state from the fees imposed under RCW 43.21A.230 must be deposited in the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only to develop and implement activities authorized under RCW 43.21A.230.
[ 2026 c 87 s 1.]

catchline: Laboratory accreditation account.


title: RCW 43.21A.750

text:
(1) Whenever the department imposes a fee on an applicant for the review of a project permit application related to a residential project, the department must complete its review within the time frames provided for a local government to issue a final decision in RCW 36.70B.080(1)(d). The time that a project permit application has been under review must be calculated from the date that the department receives the information necessary for it to begin its review until the department has issued its final decision, and excludes any time period that would be excluded from the calculation of the time that a local government has been reviewing an application under RCW 36.70B.080(1)(g).
(2) If the department does not complete its review within the required time frame, it must refund or forgo 20 percent of the fee that it charged, or would have charged, the applicant for the review. If the department does not collect a fee for its review of a portion of a project permit application, it is not required to provide any refund under this section.
(3) For the purposes of this section, "project permit" has the same meaning as in RCW 36.70B.020.
[ 2026 c 235 s 7.]

catchline: Residential project permit application review—Required time frame.


title: RCW 43.21A.900

text:
The rule of strict construction shall have no application to this chapter and it shall be liberally construed in order to carry out the broad purposes set forth in RCW 43.21A.020.
[ 1970 ex.s. c 62 s 27.]

catchline: Chapter to be liberally construed.


title: RCW 43.21A.910

text: See notes following RCW 43.21A.010.

catchline: Savings—Permits, standards not affected—Severability—Effective date—1970 ex.s. c 62.


title: RCW 43.21B.001

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Business days" means Monday through Friday exclusive of any state or federal holiday.
(2) "Date of receipt" means:
(a) Five business days after the date of mailing; or
(b) The date of actual receipt, when the actual receipt date can be proven by a preponderance of the evidence. The recipient's sworn affidavit or declaration indicating the date of receipt, which is unchallenged by the agency, shall constitute sufficient evidence of actual receipt. The date of actual receipt, however, may not exceed forty-five days from the date of mailing.
(3) "Department" means the department of ecology.
(4) "Director" means the director of ecology.
(5) "Environmental boards" means the pollution control hearings board created in RCW 43.21B.010 and the shorelines hearings board created in RCW 90.58.170.
(6) "Land use board" means the growth management hearings board created in RCW 36.70A.250.
[ 2010 c 210 s 2; 2004 c 204 s 1; 1987 c 109 s 4.]
Notes:
Intent—2010 c 210: "It is the intent of the legislature to reduce and consolidate the number of state boards that conduct administrative review of environmental and land use decisions and to make more uniform the timelines for filing appeals with such boards. The legislature intends to eliminate the hydraulics appeals board and the forest practices appeals board by transferring their duties to the pollution control hearings board. The legislature further intends to eliminate certain preliminary informal appeals heard internally by agencies. The legislature also intends to consolidate administratively and physically collocate the growth management hearings boards into the environmental and land use hearings office by July 1, 2011." [ 2010 c 210 s 1.]
Effective dates—2010 c 210: "(1) Sections 1, 3, 5, 7, 9 through 14, and 16 through 42 of this act take effect July 1, 2010.
(2) Sections 2, 4, 6, 15, 43, and 46 of this act take effect July 1, 2011. The chief executive officer of the environmental hearings office may take the necessary steps to ensure that these sections are implemented on their effective date.
(3) Section 8 of this act takes effect June 30, 2019." [ 2010 c 210 s 44.]
Application—Pending cases and rules—2010 c 210: "(1) This act applies prospectively only and not retroactively. It applies only to appeals that are commenced on or after July 1, 2010. The repeals in section 41 of this act do not affect any existing right acquired or liability or obligation incurred under the statutes repealed or under any rule or order adopted under those statutes nor do they affect any proceeding instituted under them.
(2) All pending cases before the forest practices appeals board and the hydraulics appeals board shall be continued and acted upon by those boards. All existing rules of the forest practices appeals board shall remain in effect and be used by the pollution control hearings board until the pollution control hearings board adopts superseding rules for forest practices appeals." [ 2010 c 210 s 42.]
Purpose—1987 c 109: "The purposes of this act are to:
(1) Simplify and clarify existing statutory and administrative procedures for appealing decisions of the department of ecology and air pollution control authorities in order to (a) expedite those appeals, (b) insure that those appeals are conducted with a minimum of expense to save state and private resources, and (c) allow the appellate authorities to decide cases on their merits rather than on procedural technicalities.
(2) Clarify existing statutes relating to the environment but which refer to numerous agencies no longer in existence.
(3) Eliminate provisions no longer effective or meaningful and abbreviate statutory provisions which are unnecessarily long and confusing." [ 1987 c 109 s 1.]
Short title—1987 c 109: "This act may be referred to as the "ecology procedures simplification act of 1987." [ 1987 c 109 s 2.]
Construction—1987 c 109: "Unless otherwise specifically intended, this act shall not be construed to change existing substantive or procedural law; it should only clarify and standardize existing procedures." [ 1987 c 109 s 3.]
Rules—1987 c 109: "The department of ecology shall amend its rules by June 30, 1988, to effect the purposes of this act." [ 1987 c 109 s 160.]
Severability—1987 c 109: "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." [ 1987 c 109 s 161.]
Captions—1987 c 109: "As used in this act, bill headings and section captions constitute no part of the law." [ 1987 c 109 s 162.]

catchline: Definitions.


title: RCW 43.21B.005

text:
(1) There is created an environmental and land use hearings office of the state of Washington. The environmental and land use hearings office consists of the pollution control hearings board created in RCW 43.21B.010, the shorelines hearings board created in RCW 90.58.170, and the growth management hearings board created in RCW 36.70A.250. The governor shall appoint a director of the environmental and land use hearings office during the term of the governor. Membership, powers, functions, and duties of the pollution control hearings board, the shorelines hearings board, and the growth management hearings board shall be as provided by law.
(2) The director of the environmental and land use hearings office may appoint one or more administrative appeals judges in cases before the environmental boards and , one or more hearing examiners in cases before the land use board comprising the office. The administrative appeals judges shall possess the powers and duties conferred by the administrative procedure act, chapter 34.05 RCW, have a demonstrated knowledge of environmental law, and shall be admitted to the practice of law in the state of Washington. The hearing examiners possess the powers and duties provided for in RCW 36.70A.270.
(3) Administrative appeals judges are not subject to chapter 41.06 RCW. The administrative appeals judges appointed under subsection (2) of this section are subject to discipline and termination, for cause, by the director of the environmental and land use hearings office. Upon written request by the person so disciplined or terminated, the director of the environmental and land use hearings office shall state the reasons for such action in writing. The person affected has a right of review by the superior court of Thurston county on petition for reinstatement or other remedy filed within thirty days of receipt of such written reasons.
(4) The director of the environmental and land use hearings office may appoint, discharge, and fix the compensation of such administrative or clerical staff as may be necessary.
(5) The director of the environmental and land use hearings office may also contract for required services.
(6) The director of the environmental and land use hearings office must ensure that timely and accurate board rulings, decisions, and orders are made available to the public through searchable databases accessible through the environmental and land use hearings office websites. To ensure uniformity and usability of searchable databases and websites, the director must coordinate with the relevant boards, the department of commerce, and other interested stakeholders to develop and maintain a rational system of categorizing board rulings, decisions, and orders. The environmental and land use hearings office websites must allow a user to search growth management hearings board decisions and orders by topic, party, and geographic location or by natural language. All rulings, decisions, and orders issued before January 1, 2019, must be published by June 30, 2021.
[ 2020 c 214 s 5; 2019 c 452 s 1; 2018 c 22 s 10. Prior: 2010 1st sp.s. c 7 s 39; 2010 c 210 s 4; (2010 c 210 s 3 expired July 1, 2011); prior: 2003 c 393 s 18; 2003 c 39 s 22; 1999 c 125 s 1; 1990 c 65 s 1; 1986 c 173 s 3; 1979 ex.s. c 47 s 2.]
Notes:
Explanatory statement—2018 c 22: See note following RCW 1.20.051.
Effective date—2010 1st sp.s. c 26; 2010 1st sp.s. c 7: See note following RCW 43.03.027.
Intent—Effective dates—Application—Pending cases and rules—2010 c 210: See notes following RCW 43.21B.001.
Expiration dates—2010 c 210 ss 3, 5, and 7: See note following RCW 43.21B.110.
Intent—1979 ex.s. c 47: "It is the intent of the legislature to consolidate administratively the pollution control hearings board, the forest practices appeals board, and the shorelines hearings board into one agency of state government with minimum disturbance to these boards. It is not the intent of the legislature in consolidating these boards to change the existing membership of these boards.
All full-time employees of the pollution control hearings board and the full-time employee of the forest practices appeals board shall be full-time employees of the environmental hearings office without loss of rights. Property and obligations of these boards and the shorelines hearings board shall be property and obligations of the environmental hearings office." [ 1979 ex.s. c 47 s 1.]

catchline: Environmental and land use hearings office created—Composition—Administrative appeals judges—Contracts for services—Public access to rulings, decisions, and orders.


title: RCW 43.21B.010

text:
There is hereby created within the environmental and land use hearings office a pollution control hearings board of the state of Washington.
The purpose of the pollution control hearings board is to provide for a more expeditious and efficient disposition of designated environmental appeals as provided for in RCW 43.21B.110.
[ 2010 c 210 s 6; (2010 c 210 s 5 expired July 1, 2011); 1979 ex.s. c 47 s 3; 1970 ex.s. c 62 s 31.]
Notes:
Intent—Effective dates—Application—Pending cases and rules—2010 c 210: See notes following RCW 43.21B.001.
Expiration dates—2010 c 210 ss 3, 5, and 7: See note following RCW 43.21B.110.
Intent—1979 ex.s. c 47: See note following RCW 43.21B.005.

catchline: Pollution control hearings board created—Purpose.


title: RCW 43.21B.020

text:
The hearings board shall consist of three members qualified by experience or training in pertinent matters pertaining to the environment, and at least one member of the hearings board shall have been admitted to practice law in this state and engaged in the legal profession at the time of his or her appointment. The hearings board shall be appointed by the governor with the advice and consent of the senate, and no more than two of whom at the time of appointment or during their term shall be members of the same political party.
[ 2009 c 549 s 5091; 1970 ex.s. c 62 s 32.]

catchline: Members—Qualifications—Appointment.


title: RCW 43.21B.030

text:
Members of the hearings board shall be appointed for a term of six years and until their successors are appointed and have qualified. In case of a vacancy, it shall be filled by appointment by the governor for the unexpired portion of the term in which said vacancy occurs: PROVIDED, That the terms of the first three members of the hearings board shall be staggered so that one member shall be appointed to serve until July 1, 1972, one member until July 1, 1974, and one member until July 1, 1976.
[ 1970 ex.s. c 62 s 33.]

catchline: Members—Terms—Filling vacancies, term.


title: RCW 43.21B.040

text:
Any member of the hearings board may be removed for inefficiency, malfeasance and misfeasance in office, under specific written charges filed by the governor, who shall transmit such written charges to the member accused and to the chief justice of the supreme court. The chief justice shall thereupon designate a tribunal composed of three judges of the superior court to hear and adjudicate the charges. Such tribunal shall fix the time of the hearing which shall be public, and the procedure for the hearing, and the decision of such tribunal shall be final and not subject to review by the supreme court. Removal of any member of the hearings board by the tribunal shall disqualify such member for reappointment.
[ 1970 ex.s. c 62 s 34.]

catchline: Removal of member, procedure—As disqualification for reappointment.


title: RCW 43.21B.050

text:
The hearings board shall operate on either a part-time or a full-time basis, as determined by the governor. If it is determined that the hearings board shall operate on a full-time basis, each member of the hearings board shall receive an annual salary to be determined by the governor pursuant to RCW 43.03.040. If it is determined the hearings board shall operate on a part-time basis, each member of the hearings board shall receive compensation on the basis of seventy-five dollars for each day spent in performance of his or her duties but such compensation shall not exceed ten thousand dollars in a fiscal year. Each hearings board member shall receive reimbursement for travel expenses incurred in the discharge of his or her duties in accordance with RCW 43.03.050 and 43.03.060 as now existing or hereafter amended.
[ 2009 c 549 s 5092; 1975-'76 2nd ex.s. c 34 s 101; 1970 ex.s. c 62 s 35.]
Notes:
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.

catchline: Governor to determine basis for operation—Compensation if part-time basis, limitation—Reimbursement of travel expenses.


title: RCW 43.21B.060

text:
Each member of the hearings board: (1) Shall not be a candidate for nor hold any other public office or trust, and shall not engage in any occupation or business interfering with or inconsistent with his or her duty as a member of the hearings board, nor shall he or she serve on or under any committee of any political party; and (2) shall not for a period of one year after the termination of his or her membership on the hearings board, act in a representative capacity before the hearings board on any matter.
[ 2009 c 549 s 5093; 1970 ex.s. c 62 s 36.]

catchline: Restrictions upon conduct while member and upon termination of membership.


title: RCW 43.21B.080

text:
The hearings board shall as soon as practicable after the initial appointment of the members thereof, meet and elect from among its members a chair, and shall at least biennially thereafter meet and elect such a chair.
[ 2009 c 549 s 5094; 1970 ex.s. c 62 s 38.]

catchline: Chair, biennial election of.


title: RCW 43.21B.090

text:
The principal office of the hearings board shall be at the state capitol, but it may sit or hold hearings at any other place in the state. Except as provided in RCW 43.21B.105, a majority of the hearings board shall constitute a quorum for making orders or decisions, promulgating rules and regulations necessary for the conduct of its powers and duties, or transacting other official business, and may act though one position of the hearings board be vacant. One or more members may hold hearings and take testimony to be reported for action by the hearings board when authorized by rule or order of the hearings board. The hearings board shall perform all the powers and duties specified in this chapter or as otherwise provided by law.
[ 2026 c 98 s 2; 1990 c 65 s 2; 1974 ex.s. c 69 s 1; 1970 ex.s. c 62 s 39.]

catchline: Principal office—Quorum—Hearings—Board powers and duties.


title: RCW 43.21B.100

text:
The hearings board shall make findings of fact and prepare a written decision in each case decided by it, and such findings and decisions shall be effective upon being signed by two or more members of the hearings board and upon being filed at the hearings board's principal office, and shall be open for public inspection at all reasonable times.
[ 1970 ex.s. c 62 s 40.]

catchline: Board to make findings of fact and written decisions on each case considered—Effective upon signing and filing—Public information.


title: RCW 43.21B.105

text:
(1) With the consent of all parties to a permit appeal and unanimous approval of the pollution control hearings board, the appeal before the board may be heard by any of the following alternative compositions of the board:
(a) An administrative appeals judge who satisfies the qualifications of RCW 43.21B.005;
(b) A board composition that includes a member of the land use board or shorelines hearings board who satisfies the qualifications of experience or training in RCW 43.21B.020;
(c) One member of the board, or a member of the land use board or shorelines hearings board, who satisfies the qualifications of experience or training in RCW 43.21B.020.
(2) The selection of an alternative board composition must prioritize the efficient use of administrative resources.
[ 2026 c 98 s 1.]

catchline: Alternative board compositions.


title: RCW 43.21B.110

text:
(1) The hearings board shall only have jurisdiction to hear and decide appeals from the following decisions of the department, the director, local conservation districts, the air pollution control boards or authorities as established pursuant to chapter 70A.15 RCW, local health departments, the department of natural resources, the department of fish and wildlife, the parks and recreation commission, and authorized public entities described in chapter 79.100 RCW:
(a) Civil penalties imposed pursuant to chapter 70A.230 RCW and RCW 18.104.155, 70A.15.3160, 70A.300.090, 70A.20.050, 70A.205.740, 70A.205.280, 70A.205.545, 70A.355.070, 70A.430.070, 70A.500.260, * 70A.505.100, * 70A.505.110, 70A.530.040, 70A.350.070, 70A.515.060, 70A.245.040, 70A.245.050, 70A.245.070, 70A.245.080, 70A.245.130, 70A.245.140, 70A.65.200, 70A.455.090, 70A.535.180, 70A.550.030, 70A.555.110, 70A.560.020, 70A.208.230, 70A.565.030, 76.04.205, 76.09.170, 77.55.440, 78.44.250, 88.46.090, 90.03.600, 90.46.270, 90.48.144, 90.56.310, 90.56.330, and 90.64.102.
(b) Orders issued pursuant to RCW 18.104.043, 18.104.060, 18.104.130, 43.27A.190, 70A.15.2520, 70A.15.3010, 70A.15.4530, 70A.15.6010, 70A.205.740, 70A.205.280, 70A.214.140, 70A.300.120, 70A.350.070, 70A.245.020, 70A.65.200, 70A.535.180, * 70A.505.100, 70A.555.110, 70A.560.020, 70A.208.230, 70A.565.030, 86.16.020, 88.46.070, 90.03.665, 90.14.130, 90.46.250, 90.48.120, 90.48.240, 90.56.330, and 90.64.040.
(c) Except as provided in RCW 90.03.210(2), the issuance, modification, or termination of any permit, certificate, or license by the department or any air authority in the exercise of its jurisdiction, including the issuance or termination of a waste disposal permit, the denial of an application for a waste disposal permit, the modification of the conditions or the terms of a waste disposal permit, a decision to approve or deny a solid waste management plan under RCW 70A.205.055, approval or denial of an application for a beneficial use determination under RCW 70A.205.260, an application for a change under RCW 90.03.383, or a permit to distribute reclaimed water under RCW 90.46.220.
(d) Decisions of local health departments regarding the granting or denial of solid waste permits pursuant to chapter 70A.205 RCW, including appeals by the department as provided in RCW 70A.205.130.
(e) Decisions of local health departments regarding the issuance and enforcement of permits to use or dispose of biosolids under RCW 70A.226.090.
(f) Decisions of the department regarding waste-derived fertilizer or micronutrient fertilizer under RCW 15.54.820.
(g) Decisions of local conservation districts related to the denial of approval or denial of certification of a dairy nutrient management plan; conditions contained in a plan; application of any dairy nutrient management practices, standards, methods, and technologies to a particular dairy farm; and failure to adhere to the plan review and approval timelines in RCW 90.64.026 as provided in RCW 90.64.028.
(h) Any other decision by the department or an air authority which pursuant to law must be decided as an adjudicative proceeding under chapter 34.05 RCW.
(i) Decisions of the department of natural resources, the department of fish and wildlife, and the department that are reviewable under chapter 76.09 RCW, and the department of natural resources' appeals of county, city, or town objections under RCW 76.09.050(7).
(j) Forest health hazard orders issued by the commissioner of public lands under RCW 76.06.180.
(k) Decisions of the department of fish and wildlife to issue, deny, condition, or modify a hydraulic project approval permit under chapter 77.55 RCW, to issue a stop work order, to issue a notice to comply, to issue a civil penalty, or to issue a notice of intent to disapprove applications.
(l) Decisions of the department of natural resources that are reviewable under RCW 78.44.270.
(m) Decisions of an authorized public entity under RCW 79.100.010 to take temporary possession or custody of a vessel or to contest the amount of reimbursement owed that are reviewable by the hearings board under RCW 79.100.120.
(n) Decisions of the department of ecology that are appealable under RCW 70A.245.020 to set recycled minimum postconsumer content for products or to temporarily exclude types of products in plastic containers from minimum postconsumer recycled content requirements.
(o) Orders by the department of ecology under RCW 70A.455.080.
(p) Decisions by the department of ecology under RCW 70A.208.150(5) regarding a proposal by a producer responsibility organization to count materials sent to an alternative recycling facility towards recycling performance targets.
(q) Decisions of the department of natural resources under RCW 76.04.205.
(2) The following hearings shall not be conducted by the hearings board:
(a) Hearings required by law to be conducted by the shorelines hearings board pursuant to chapter 90.58 RCW, except where appeals to the pollution control hearings board and appeals to the shorelines hearings board have been consolidated pursuant to RCW 43.21B.340.
(b) Hearings conducted by the department pursuant to RCW 70A.15.3010, 70A.15.3070, 70A.15.3080, 70A.15.3090, 70A.15.3100, 70A.15.3110, and 90.44.180.
(c) Appeals of decisions by the department under RCW 90.03.110 and 90.44.220.
(d) Hearings conducted by the department to adopt, modify, or repeal rules.
(3) Review of rules and regulations adopted by the hearings board shall be subject to review in accordance with the provisions of the administrative procedure act, chapter 34.05 RCW.
[ 2025 c 327 s 1; 2025 c 319 s 6; 2025 c 316 s 301; 2025 c 314 s 13; 2025 c 311 s 7; 2025 c 58 s 1008. Prior: 2024 c 347 s 5; 2024 c 340 s 4; 2024 c 339 s 16; prior: 2023 c 455 s 5; 2023 c 434 s 20; 2023 c 344 s 5; 2023 c 135 s 6; 2022 c 180 s 812; prior: 2021 c 316 s 41; 2021 c 313 s 16; prior: 2020 c 138 s 11; (2020 c 138 s 10 expired June 30, 2021); 2020 c 20 s 1035; (2020 c 20 s 1034 expired June 30, 2021); prior: 2019 c 344 s 16; 2019 c 292 s 10; 2019 c 290 s 12; 2013 c 291 s 34; (2013 c 291 s 33 expired June 30, 2019); prior: 2010 c 210 s 8; (2010 c 210 s 7 expired June 30, 2019); 2010 c 84 s 3; (2010 c 84 s 2 expired June 30, 2019); prior: 2009 c 456 s 16; 2009 c 332 s 18; (2009 c 183 s 17 expired June 30, 2021); 2003 c 393 s 19; 2001 c 220 s 2; prior: 1998 c 262 s 18; 1998 c 156 s 8; 1998 c 36 s 22; 1993 c 387 s 22; prior: 1992 c 174 s 13; 1992 c 73 s 1; 1989 c 175 s 102; 1987 c 109 s 10; 1970 ex.s. c 62 s 41.]
Notes:
Reviser's note: *(1) RCW 70A.505.100 and 70A.505.110 were repealed by 2024 c 339 s 22, effective January 1, 2035.
(2) This section was amended by 2025 c 58 s 1008, 2025 c 311 s 7, 2025 c 314 s 13, 2025 c 316 s 301, 2025 c 319 s 6, and by 2025 c 327 s 1, without reference to one another. All amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Findings—Intent—2025 c 314: See note following RCW 70A.207.050.
Explanatory note—2025 c 58: See note following RCW 1.16.050.
Finding—Intent—2024 c 339: See note following RCW 70A.505.010.
Finding—Intent—2023 c 135: See note following RCW 19.27.590.
Findings—Intent—Scope of authority of chapter 180, Laws of 2022—2022 c 180: See notes following RCW 70A.205.007.
Short title—2021 c 316: See RCW 70A.65.900.
Finding—Intent—2021 c 313: See note following RCW 70A.245.010.
Effective date—2020 c 138 s 11: "Section 11 of this act takes effect June 30, 2021." [ 2020 c 138 s 15.]
Expiration date—2020 c 138 s 10: "Section 10 of this act expires June 30, 2021." [ 2020 c 138 s 14.]
Application of RCW 82.32.805 and 82.32.808—2020 c 138: See note following RCW 70A.530.005.
Effective date—2020 c 20 s 1035: "Section 1035 of this act takes effect June 30, 2021." [ 2020 c 20 s 106.]
Expiration date—2020 c 20 s 1034: "Section 1034 of this act expires June 30, 2021." [ 2020 c 20 s 105.]
Short title—2019 c 292: See RCW 70A.350.900.
Finding—Intent—2019 c 290: See note following RCW 77.12.085.
Effective date—2013 c 291 s 34: "Section 34 of this act takes effect June 30, 2019." [ 2013 c 291 s 47.]
Expiration date—2013 c 291 s 33: "Section 33 of this act expires June 30, 2019." [ 2013 c 291 s 46.]
Expiration dates—2010 c 210 ss 3, 5, and 7: "(1) Sections 3 and 5 of this act expire July 1, 2011.
(2) Section 7 of this act expires June 30, 2019." [ 2010 c 210 s 45.]
Intent—Effective dates—Application—Pending cases and rules—2010 c 210: See notes following RCW 43.21B.001.
Effective date—2010 c 84 s 3: "Section 3 of this act takes effect June 30, 2019." [ 2010 c 84 s 6.]
Expiration date—2010 c 84 s 2: "Section 2 of this act expires June 30, 2019." [ 2010 c 84 s 5.]
Application—2009 c 332: See note following RCW 90.03.110.
Expiration date—2019 c 78; 2009 c 183: See note following RCW 90.03.380.
Intent—2001 c 220: "The legislature intends to assure that appeals of department of ecology decisions regarding changes or transfers of water rights that are the subject of an ongoing general adjudication of water rights are governed by an appeals process that is efficient and eliminates unnecessary duplication, while fully preserving the rights of all affected parties. The legislature intends to address only the judicial review process for certain decisions of the pollution control hearings board when a general adjudication is being actively litigated. The legislature intends to fully preserve the role of the pollution control hearings board, except as specifically provided in this act." [ 2001 c 220 s 1.]
Construction—2001 c 220: "Nothing in this act shall be construed to affect or modify any treaty or other federal rights of an Indian tribe, or the rights of any federal agency or other person or entity arising under federal law. Nothing in this act is intended or shall be construed as affecting or modifying any existing right of a federally recognized Indian tribe to protect from impairment its federally reserved water rights in federal court." [ 2001 c 220 s 6.]
Effective date—2001 c 220: "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 takes effect immediately [May 9, 2001]." [ 2001 c 220 s 7.]
Effective date—1998 c 262: See RCW 90.64.900.
Intent—1998 c 36: See RCW 15.54.265.
Short title—1998 c 36: See note following RCW 15.54.265.
Effective date—1993 c 387: See RCW 18.104.930.
Effective dates—1992 c 73: See RCW 82.23B.902.
Effective date—1989 c 175: See note following RCW 34.05.010.
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
Order for compliance with oil spill contingency or prevention plan not subject to review by pollution control hearings board: RCW 90.56.270.

catchline: Pollution control hearings board jurisdiction.


title: RCW 43.21B.130

text:
The administrative procedure act, chapter 34.05 RCW, shall apply to the appeal of rules and regulations adopted by the board to the same extent as it applied to the review of rules and regulations adopted by the directors and/or boards or commissions of the various departments whose powers, duties and functions were transferred by section 6, chapter 62, Laws of 1970 ex. sess. to the department. All other decisions and orders of the director and all decisions of air pollution control boards or authorities established pursuant to chapter 70A.15 RCW shall be subject to review by the hearings board as provided in this chapter.
[ 2020 c 20 s 1036; 1990 c 65 s 3; 1970 ex.s. c 62 s 43.]

catchline: Administrative procedure act to apply to appeal of board rules and regulations—Scope of board action on decisions and orders of others.


title: RCW 43.21B.160

text:
In all appeals, the hearings board shall have all powers relating to administration of oaths, issuance of subpoenas, and taking of depositions as are granted to agencies in chapter 34.05 RCW, the Administrative Procedure Act. The hearings board, and each member thereof, shall be subject to all duties imposed upon, and shall have all powers granted to, an agency by those provisions of chapter 34.05 RCW relating to adjudicative proceedings. In the case of appeals within the jurisdiction of the hearings board, the hearings board, or any member thereof, may obtain such assistance, including the making of field investigations, from the staff of the director as the hearings board, or any member thereof, may deem necessary or appropriate. Any communication, oral or written, from the staff of the director to the hearings board shall be presented only in an open hearing.
[ 1995 c 382 s 2; 1990 c 65 s 5; 1989 c 175 s 103; 1974 ex.s. c 69 s 3; 1970 ex.s. c 62 s 46.]
Notes:
Effective date—1989 c 175: See note following RCW 34.05.010.

catchline: Appeals—Generally.


title: RCW 43.21B.170

text:
All proceedings before the hearings board or any of its members shall be conducted in accordance with such rules of practice and procedure as the hearings board may prescribe. The hearings board shall publish such rules and arrange for the reasonable distribution thereof.
[ 1995 c 382 s 3; 1970 ex.s. c 62 s 47.]

catchline: Proceedings conducted in accordance with published board rules and regulations.


title: RCW 43.21B.175

text:
In all appeals, upon request of one or more parties and with the consent of all parties, the environmental hearings boards may schedule a conference for the purpose of attempting to mediate the case. Mediation must be conducted by an administrative appeals judge or other duly authorized agent of the board who has received training in dispute resolution techniques or has a demonstrated history of successfully resolving disputes, as determined by the board. A person who mediates in a particular appeal may not participate in a hearing on that appeal and may not write the decision and order in the appeal. The mediator may not communicate with board members regarding the mediation other than to inform them of the pendency of the mediation and whether the case settled. Mediation provided by the environmental hearings boards must be conducted pursuant to the provisions of the uniform mediation act, chapter 7.07 RCW.
[ 2010 c 210 s 9.]
Notes:
Intent—Effective dates—Application—Pending cases and rules—2010 c 210: See notes following RCW 43.21B.001.

catchline: Mediation.


title: RCW 43.21B.180

text:
Any party aggrieved by a final decision and order of the pollution control hearings board may obtain judicial review of the final decision and order as provided in RCW 34.05.510 through 34.05.598. The state or local agency that issued the decision appealed to the board shall have the same right of review from a decision made pursuant to RCW 43.21B.110 as does any person.
[ 2010 c 210 s 10; 1994 c 253 s 6; 1989 c 175 s 104; 1970 ex.s. c 62 s 48.]
Notes:
Intent—Effective dates—Application—Pending cases and rules—2010 c 210: See notes following RCW 43.21B.001.
Effective date—1989 c 175: See note following RCW 34.05.010.

catchline: Judicial review—Right of review of decisions pursuant to RCW 43.21B.110.


title: RCW 43.21B.230

text:
(1) Unless otherwise provided by law, any person with standing may commence an appeal to the pollution control hearings board by filing a notice of appeal with the board within thirty days from the date of receipt of the decision being appealed.
(2) The appeal is timely if it is filed with the board and served upon the state or local agency whose action is being appealed within the same thirty-day period. Proof of service must be filed with the clerk of the hearings board to perfect the appeal.
(3) The appeal must contain the following in accordance with the rules of the hearings board:
(a) The appellant's name and address;
(b) The date and docket number of the order, permit, license, or decision appealed;
(c) A copy of the order, permit, license, or decision that is the subject of the appeal;
(d) A clear, separate, and concise statement of every error alleged to have been committed;
(e) A clear and concise statement of facts upon which the requester relies to sustain his or her statements of error; and
(f) A statement setting forth the relief sought.
[ 2010 c 210 s 11; 2004 c 204 s 3; 1997 c 125 s 2; 1994 c 253 s 8; 1990 c 65 s 6; 1970 ex.s. c 62 s 53.]
Notes:
Intent—Effective dates—Application—Pending cases and rules—2010 c 210: See notes following RCW 43.21B.001.

catchline: Appeals of agency actions.


title: RCW 43.21B.240

text:
The department and air authorities shall not have authority to hold adjudicative proceedings pursuant to the Administrative Procedure Act, chapter 34.05 RCW. Such hearings shall be held by the pollution control hearings board.
[ 1989 c 175 s 105; 1987 c 109 s 9; 1970 ex.s. c 62 s 54.]
Notes:
Effective date—1989 c 175: See note following RCW 34.05.010.
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.

catchline: Department—Air authorities—Adjudicative proceedings, may not conduct.


title: RCW 43.21B.250

text:
(1) All challenges in regard to the consistency of the rules adopted pursuant to RCW 43.21C.120 and with the rules and guidelines adopted pursuant to RCW 43.21C.110 shall be initiated by filing a petition for review with the pollution control hearings board in accordance with rules of practice and procedures promulgated by the hearings board.
(2) All challenges to the hearings board provided under this section shall be decided on the basis of conformance of rules, with the applicable rules and guidelines adopted pursuant to RCW 43.21C.110. The board may in its discretion require briefs, testimony, and oral arguments.
(3) The decisions of the hearings board authorized under this section shall be final.
[ 1974 ex.s. c 179 s 9.]
Notes:
Purpose—1974 ex.s. c 179: See note following RCW 43.21C.080.

catchline: Challenges to consistency of rules adopted pursuant to RCW 43.21C.110 and 43.21C.120—Procedure—Finality.


title: RCW 43.21B.260

text:
Activated air pollution control authorities, established under chapter 70A.15 RCW, may file certified copies of their regulations and amendments thereto with the pollution control hearings board of the state of Washington, and the hearings board shall take judicial note of the copies so filed and the said regulations and amendments shall be received and admitted, by reference, in all hearings before the board, as prima facie evidence that such regulations and amendments on file are in full force and effect.
[ 2020 c 20 s 1037; 1974 ex.s. c 69 s 5.]

catchline: Regulations and amendments of activated air pollution control authorities—Filing with hearings board authorized—Evidence.


title: RCW 43.21B.300

text:
(1) Any civil penalty provided in RCW 18.104.155, 70A.15.3160, 70A.205.280, 70A.230.080, 70A.300.090, 70A.20.050, 70A.245.040, 70A.245.050, 70A.245.070, 70A.245.080, 70A.245.130, 70A.245.140, 70A.65.200, 70A.430.070, 70A.455.090, 70A.500.260, * 70A.505.110, 70A.555.110, 70A.560.020, 70A.208.230, 70A.565.030, 86.16.081, 88.46.090, 90.03.600, 90.46.270, 90.48.144, 90.56.310, 90.56.330, and 90.64.102 and chapter 70A.355 RCW shall be imposed by a notice in writing, either by certified mail with return receipt requested or by personal service, to the person incurring the penalty from the department or the local air authority, describing the violation with reasonable particularity. For penalties issued by local air authorities, within 30 days after the notice is received, the person incurring the penalty may apply in writing to the authority for the remission or mitigation of the penalty. Upon receipt of the application, the authority may remit or mitigate the penalty upon whatever terms the authority in its discretion deems proper. The authority may ascertain the facts regarding all such applications in such reasonable manner and under such rules as it may deem proper and shall remit or mitigate the penalty only upon a demonstration of extraordinary circumstances such as the presence of information or factors not considered in setting the original penalty.
(2) Any penalty imposed under this section may be appealed to the pollution control hearings board in accordance with this chapter if the appeal is filed with the hearings board and served on the department or authority 30 days after the date of receipt by the person penalized of the notice imposing the penalty or 30 days after the date of receipt of the notice of disposition by a local air authority of the application for relief from penalty.
(3) A penalty shall become due and payable on the later of:
(a) 30 days after receipt of the notice imposing the penalty;
(b) 30 days after receipt of the notice of disposition by a local air authority on application for relief from penalty, if such an application is made; or
(c) 30 days after receipt of the notice of decision of the hearings board if the penalty is appealed.
(4) If the amount of any penalty is not paid to the department within 30 days after it becomes due and payable, the attorney general, upon request of the department, shall bring an action in the name of the state of Washington in the superior court of Thurston county, or of any county in which the violator does business, to recover the penalty. If the amount of the penalty is not paid to the authority within 30 days after it becomes due and payable, the authority may bring an action to recover the penalty in the superior court of the county of the authority's main office or of any county in which the violator does business. In these actions, the procedures and rules of evidence shall be the same as in an ordinary civil action.
(5) All penalties recovered shall be paid into the state treasury and credited to the general fund except the following:
(a) Penalties imposed pursuant to RCW 18.104.155 must be credited to the reclamation account as provided in RCW 18.104.155(7);
(b) Penalties imposed pursuant to RCW 70A.15.3160 must be disposed of pursuant to RCW 70A.15.3160;
(c) Penalties imposed pursuant to RCW 70A.230.080, 70A.300.090, 70A.430.070, 70A.555.110, 70A.560.020, and 70A.565.030 must be credited to the model toxics control operating account created in RCW 70A.305.180;
(d) Penalties imposed pursuant to RCW 70A.245.040, 70A.245.050, and chapter 70A.208 RCW must be credited to the recycling enhancement account created in RCW 70A.245.100;
(e) Penalties imposed pursuant to RCW 70A.500.260 must be deposited into the electronic products recycling account created in RCW 70A.500.130;
(f) Penalties imposed pursuant to RCW 70A.65.200 must be credited to the climate investment account created in RCW 70A.65.250;
(g) Penalties imposed pursuant to RCW 90.56.330 must be credited to the coastal protection fund established in RCW 90.48.390; and
(h) Penalties imposed pursuant to RCW 70A.355.070 must be credited to the underground storage tank account created in RCW 70A.355.090.
[ 2025 c 316 s 302; 2025 c 58 s 3008. Prior: 2024 c 347 s 6; 2024 c 340 s 5; prior: 2023 c 455 s 6; 2023 c 434 s 21; 2023 c 135 s 7; 2022 c 180 s 813; prior: 2021 c 316 s 42; 2021 c 313 s 17; 2020 c 20 s 1038; 2019 c 64 s 19; prior: 2010 c 210 s 12; 2010 c 84 s 4; prior: 2009 c 456 s 17; 2009 c 178 s 2; 2007 c 147 s 9; 2004 c 204 s 4; 2001 c 36 s 2; 1993 c 387 s 23; 1992 c 73 s 2; 1987 c 109 s 5.]
Notes:
Reviser's note:*(1) RCW 70A.505.110 was repealed by 2024 c 339 s 22, effective January 1, 2035.
(2) This section was amended by 2025 c 58 s 3008 and by 2025 c 316 s 302, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Explanatory note—2025 c 58: See note following RCW 1.16.050.
Finding—Intent—2023 c 135: See note following RCW 19.27.590.
Findings—Intent—Scope of authority of chapter 180, Laws of 2022—2022 c 180: See notes following RCW 70A.205.007.
Short title—2021 c 316: See RCW 70A.65.900.
Finding—Intent—2021 c 313: See note following RCW 70A.245.010.
Explanatory statement—2019 c 64: See note following RCW 1.20.110.
Intent—Effective dates—Application—Pending cases and rules—2010 c 210: See notes following RCW 43.21B.001.
Effective date—1993 c 387: See RCW 18.104.930.
Effective dates—1992 c 73: See RCW 82.23B.902.
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
PDF
RCW 43.21B.300
Penalty procedures. (Effective July 1, 2027.)
(1) Any civil penalty provided in RCW 18.104.155, 70A.15.3160, 70A.205.280, 70A.230.080, 70A.300.090, 70A.20.050, 70A.245.040, 70A.245.050, 70A.245.070, 70A.245.080, 70A.245.130, 70A.245.140, 70A.65.200, 70A.430.070, 70A.455.090, 70A.500.260, * 70A.505.110, 70A.555.110, 70A.560.020, 70A.208.230, 70A.565.030, 86.16.081, 88.46.090, 90.03.600, 90.46.270, 90.48.144, 90.56.310, 90.56.330, and 90.64.102 and chapter 70A.355 RCW shall be imposed by a notice in writing, either by certified mail with return receipt requested or by personal service, to the person incurring the penalty from the department or the local air authority, describing the violation with reasonable particularity. For penalties issued by local air authorities, within 30 days after the notice is received, the person incurring the penalty may apply in writing to the authority for the remission or mitigation of the penalty. Upon receipt of the application, the authority may remit or mitigate the penalty upon whatever terms the authority in its discretion deems proper. The authority may ascertain the facts regarding all such applications in such reasonable manner and under such rules as it may deem proper and shall remit or mitigate the penalty only upon a demonstration of extraordinary circumstances such as the presence of information or factors not considered in setting the original penalty.
(2) Any penalty imposed under this section may be appealed to the pollution control hearings board in accordance with this chapter if the appeal is filed with the hearings board and served on the department or authority 30 days after the date of receipt by the person penalized of the notice imposing the penalty or 30 days after the date of receipt of the notice of disposition by a local air authority of the application for relief from penalty.
(3) A penalty shall become due and payable on the later of:
(a) 30 days after receipt of the notice imposing the penalty;
(b) 30 days after receipt of the notice of disposition by a local air authority on application for relief from penalty, if such an application is made; or
(c) 30 days after receipt of the notice of decision of the hearings board if the penalty is appealed.
(4) If the amount of any penalty is not paid to the department within 30 days after it becomes due and payable, the attorney general, upon request of the department, shall bring an action in the name of the state of Washington in the superior court of Thurston county, or of any county in which the violator does business, to recover the penalty. If the amount of the penalty is not paid to the authority within 30 days after it becomes due and payable, the authority may bring an action to recover the penalty in the superior court of the county of the authority's main office or of any county in which the violator does business. In these actions, the procedures and rules of evidence shall be the same as in an ordinary civil action.
(5) All penalties recovered shall be paid into the state treasury and credited to the general fund except the following:
(a) Penalties imposed pursuant to RCW 18.104.155 must be credited to the reclamation account as provided in RCW 18.104.155(7);
(b) Penalties imposed pursuant to RCW 70A.15.3160 must be disposed of pursuant to RCW 70A.15.3160;
(c) Penalties imposed pursuant to RCW 70A.230.080, 70A.300.090, 70A.430.070, 70A.555.110, 70A.560.020, and 70A.565.030 must be credited to the model toxics control operating account created in RCW 70A.305.180;
(d) Penalties imposed pursuant to RCW 70A.245.040, 70A.245.050, and chapter 70A.208 RCW must be credited to the recycling enhancement account created in RCW 70A.245.100;
(e) Penalties imposed pursuant to RCW 70A.500.260 must be deposited into the electronic products recycling account created in RCW 70A.500.130;
(f) Penalties imposed pursuant to RCW 70A.65.200 must be credited to the climate commitment act operating account created in RCW 70A.65.410;
(g) Penalties imposed pursuant to RCW 90.56.330 must be credited to the coastal protection fund established in RCW 90.48.390; and
(h) Penalties imposed pursuant to RCW 70A.355.070 must be credited to the underground storage tank account created in RCW 70A.355.090.
[ 2026 c 219 s 8. Prior: 2025 c 316 s 302; 2025 c 58 s 3008; prior: 2024 c 347 s 6; 2024 c 340 s 5; prior: 2023 c 455 s 6; 2023 c 434 s 21; 2023 c 135 s 7; 2022 c 180 s 813; prior: 2021 c 316 s 42; 2021 c 313 s 17; 2020 c 20 s 1038; 2019 c 64 s 19; prior: 2010 c 210 s 12; 2010 c 84 s 4; prior: 2009 c 456 s 17; 2009 c 178 s 2; 2007 c 147 s 9; 2004 c 204 s 4; 2001 c 36 s 2; 1993 c 387 s 23; 1992 c 73 s 2; 1987 c 109 s 5.]
Notes:
*Reviser's note: RCW 70A.505.110 was repealed by 2024 c 339 s 22, effective January 1, 2035.
Effective date—2026 c 219: See note following RCW 70A.65.410.
Explanatory note—2025 c 58: See note following RCW 1.16.050.
Finding—Intent—2023 c 135: See note following RCW 19.27.590.
Findings—Intent—Scope of authority of chapter 180, Laws of 2022—2022 c 180: See notes following RCW 70A.205.007.
Short title—2021 c 316: See RCW 70A.65.900.
Finding—Intent—2021 c 313: See note following RCW 70A.245.010.
Explanatory statement—2019 c 64: See note following RCW 1.20.110.
Intent—Effective dates—Application—Pending cases and rules—2010 c 210: See notes following RCW 43.21B.001.
Effective date—1993 c 387: See RCW 18.104.930.
Effective dates—1992 c 73: See RCW 82.23B.902.
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.

catchline: Penalty procedures. (Effective until July 1, 2027.)


title: RCW 43.21B.305

text:
(1) In an appeal that involves a penalty of fifteen thousand dollars or less or that involves a derelict or abandoned vessel under RCW 79.100.120, the appeal may be heard by one member of the board, whose decision shall be the final decision of the board. The board shall define by rule alternative procedures to expedite appeals involving penalties of fifteen thousand dollars or less or involving a derelict or abandoned vessel. These alternatives may include: Mediation, upon agreement of all parties; submission of testimony by affidavit; or other forms that may lead to less formal and faster resolution of appeals.
(2) For appeals that involve a derelict or abandoned vessel under RCW 79.100.120 only, an administrative law judge employed by the board may be substituted for a board member under this section.
[ 2013 c 291 s 44; 2005 c 34 s 2; 1994 c 253 s 5.]

catchline: Appeals that involve penalties of fifteen thousand dollars or less or that involve a derelict or abandoned vessel under RCW 79.100.120.


title: RCW 43.21B.310

text:
(1) The issuing agency in its discretion may stay the effectiveness of any order that has been appealed to the board during the pendency of such an appeal.
(2) At any time during the pendency of an appeal of such an order to the board, the appellant may apply pursuant to RCW 43.21B.320 to the hearings board for a stay of the order or for the removal thereof.
(3) Upon failure to comply with any final order of the department, the attorney general, on request of the department, may bring an action in the superior court of the county where the violation occurred or the potential violation is about to occur to obtain such relief as necessary, including injunctive relief, to ensure compliance with the order. The air authorities may bring similar actions to enforce their orders.
(4) An appealable decision or order shall be identified as such and shall contain a conspicuous notice to the recipient that it may be appealed only by filing an appeal with the hearings board and serving it on the issuing agency within thirty days of the date of receipt.
[ 2010 c 210 s 13. Prior: 2009 c 456 s 18; 2009 c 178 s 3; 2004 c 204 s 5; prior: 2001 c 220 s 4; 2001 c 36 s 3; 1992 c 73 s 3; 1989 c 2 s 14 (Initiative Measure No. 97, approved November 8, 1988); (1987 3rd ex.s. c 2 s 49 repealed by 1989 c 2 s 24, effective March 1, 1989); 1987 c 109 s 6.]
Notes:
Intent—Effective dates—Application—Pending cases and rules—2010 c 210: See notes following RCW 43.21B.001.
Intent—Construction—Effective date—2001 c 220: See notes following RCW 43.21B.110.
Effective dates—1992 c 73: See RCW 82.23B.902.
Short title—Construction—Existing agreements—Effective date—1989 c 2: See RCW 70A.305.900 and 70A.305.902 through 70A.305.904, respectively.
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.

catchline: Appeal of orders.


title: RCW 43.21B.320

text:
(1) A person appealing to the hearings board an order, not stayed by the issuing agency, may obtain a stay of the effectiveness of that order only as set forth in this section.
(2) An appealing party may request a stay by including such a request in the appeal document, in a subsequent motion, or by such other means as the rules of the hearings board shall prescribe. The request must be accompanied by a statement of grounds for the stay and evidence setting forth the factual basis upon which request is based. The hearings board shall hear the request for a stay as soon as possible. The hearing on the request for stay may be consolidated with the hearing on the merits.
(3) The applicant may make a prima facie case for stay if the applicant demonstrates either a likelihood of success on the merits of the appeal or irreparable harm. Upon such a showing, the hearings board shall grant the stay unless the issuing agency demonstrates either (a) a substantial probability of success on the merits or (b) likelihood of success on the merits and an overriding public interest which justifies denial of the stay.
(4) Unless otherwise stipulated by the parties, the hearings board, after granting or denying an application for a stay, shall expedite the hearing and decision on the merits.
(5) Any party or other person aggrieved by the grant or denial of a stay by the hearings board may petition the superior court for Thurston county for review of that decision pursuant to chapter 34.05 RCW pending the appeal on the merits before the board. The superior court shall expedite its review of the decision of the hearings board.
[ 2010 c 210 s 14; 1987 c 109 s 7.]
Notes:
Intent—Effective dates—Application—Pending cases and rules—2010 c 210: See notes following RCW 43.21B.001.
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.

catchline: Stays of orders.


title: RCW 43.21B.330

text:
The hearings board shall develop procedures for summary procedures, consistent with the rules of civil procedure for superior court on summary judgment, to decide cases before it. Such procedures may include provisions for determinations without an oral hearing or hearing by telephonic means.
[ 1987 c 109 s 8.]
Notes:
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.

catchline: Summary procedures.


title: RCW 43.21B.340

text:
(1) Where multiple permits for the same underlying clean energy project, as defined in RCW 43.158.010, are appealed to one or more of the environmental boards, as identified in RCW 43.21B.005, the presiding officer shall consolidate the appeals for hearing when one or more of the following criteria are met:
(a) When appeals for the permits related to the same underlying project are either:
(i) Filed within 60 days of each other; or
(ii) If the permits are not filed within 60 days of each other and the environmental board issues a stay of the appeal of the permit following the applicant's request. Such a stay must include a stay of the construction of the project pending appeal pursuant to RCW 43.21B.320, to allow other anticipated appeals of permits for the same underlying project to be filed with the environmental boards to accommodate consolidation pursuant to this section, but the environmental board may set a deadline after which an appeal may proceed in the absence of other permit appeals in order to ensure efficient resolution of appeals; or
(b) The presiding officer determines that the following three criteria have been met:
(i) Consolidation will expedite disposition of the appeals;
(ii) Consolidation will avoid duplication of testimony; and
(iii) Consolidation will not prejudice the rights of the parties.
(2) When all appeals of individual permits consolidated pursuant to this section are within the jurisdiction of the pollution control hearings board, the pollution control hearings board shall retain jurisdiction over the consolidated matter. When all appeals of individual permits consolidated pursuant to this section are within the jurisdiction of the shorelines hearings board, the shorelines hearings board shall retain jurisdiction over the consolidated matter. When appeals to the pollution control hearings board and appeals to the shorelines hearings board are consolidated pursuant to this section, the following applies:
(a) The consolidated appeals must be heard by the pollution control hearings board;
(b) The pollution control hearings board must issue its decision on the consolidated appeal within 240 days, which must be measured from the date that the last of the consolidated appeals was filed; and
(c) The time period in (b) of this subsection may be extended 60 days on a motion from a party or by the pollution control hearings board upon a finding of good cause. The time period in (b) of this subsection may also be waived if agreed to by all parties.
[ 2024 c 347 s 3.]

catchline: Clean energy projects—Consolidated appeals.


title: RCW 43.21B.900

text: See notes following RCW 43.21A.010.

catchline: Savings—Other powers and duties not affected—Permits, standards not affected—Severability—Effective date—1970 ex.s. c 62.


title: RCW 43.21C.010

text:
The purposes of this chapter are: (1) To declare a state policy which will encourage productive and enjoyable harmony between humankind and the environment; (2) to promote efforts which will prevent or eliminate damage to the environment and biosphere; (3) and [to] stimulate the health and welfare of human beings; and (4) to enrich the understanding of the ecological systems and natural resources important to the state and nation.
[ 2009 c 549 s 5095; 1971 ex.s. c 109 s 1.]

catchline: Purposes.


title: RCW 43.21C.020

text:
(1) The legislature, recognizing that a human being depends on biological and physical surroundings for food, shelter, and other needs, and for cultural enrichment as well; and recognizing further the profound impact of a human being's activity on the interrelations of all components of the natural environment, particularly the profound influences of population growth, high-density urbanization, industrial expansion, resource utilization and exploitation, and new and expanding technological advances and recognizing further the critical importance of restoring and maintaining environmental quality to the overall welfare and development of human beings, declares that it is the continuing policy of the state of Washington, in cooperation with federal and local governments, and other concerned public and private organizations, to use all practicable means and measures, including financial and technical assistance, in a manner calculated to: (a) Foster and promote the general welfare; (b) create and maintain conditions under which human beings and nature can exist in productive harmony; and (c) fulfill the social, economic, and other requirements of present and future generations of Washington citizens.
(2) In order to carry out the policy set forth in this chapter, it is the continuing responsibility of the state of Washington and all agencies of the state to use all practicable means, consistent with other essential considerations of state policy, to improve and coordinate plans, functions, programs, and resources to the end that the state and its citizens may:
(a) Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations;
(b) Assure for all people of Washington safe, healthful, productive, and aesthetically and culturally pleasing surroundings;
(c) Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences;
(d) Preserve important historic, cultural, and natural aspects of our national heritage;
(e) Maintain, wherever possible, an environment which supports diversity and variety of individual choice;
(f) Achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life's amenities; and
(g) Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources.
(3) The legislature recognizes that each person has a fundamental and inalienable right to a healthful environment and that each person has a responsibility to contribute to the preservation and enhancement of the environment.
[ 2009 c 549 s 5096; 1971 ex.s. c 109 s 2.]


title: RCW 43.21C.030

text:
The legislature authorizes and directs that, to the fullest extent possible: (1) The policies, regulations, and laws of the state of Washington shall be interpreted and administered in accordance with the policies set forth in this chapter, and (2) all branches of government of this state, including state agencies, municipal and public corporations, and counties shall:
(a) Utilize a systematic, interdisciplinary approach which will insure the integrated use of the natural and social sciences and the environmental design arts in planning and in decision making which may have an impact on the environment;
(b) Identify and develop methods and procedures, in consultation with the department of ecology and the ecological commission, which will insure that presently unquantified environmental amenities and values will be given appropriate consideration in decision making along with economic and technical considerations;
(c) Include in every recommendation or report on proposals for legislation and other major actions significantly affecting the quality of the environment, a detailed statement by the responsible official on:
(i) the environmental impact of the proposed action;
(ii) any adverse environmental effects which cannot be avoided should the proposal be implemented;
(iii) alternatives to the proposed action;
(iv) the relationship between local short-term uses of the environment and the maintenance and enhancement of long-term productivity; and
(v) any irreversible and irretrievable commitments of resources which would be involved in the proposed action should it be implemented;
(d) Prior to making any detailed statement, the responsible official shall consult with and obtain the comments of any public agency which has jurisdiction by law or special expertise with respect to any environmental impact involved. Copies of such statement and the comments and views of the appropriate federal, province, state, and local agencies, which are authorized to develop and enforce environmental standards, shall be made available to the governor, the department of ecology, the ecological commission, and the public, and shall accompany the proposal through the existing agency review processes;
(e) Study, develop, and describe appropriate alternatives to recommended courses of action in any proposal which involves unresolved conflicts concerning alternative uses of available resources;
(f) Recognize the worldwide and long-range character of environmental problems and, where consistent with state policy, lend appropriate support to initiatives, resolutions, and programs designed to maximize international cooperation in anticipating and preventing a decline in the quality of the world environment;
(g) Make available to the federal government, other states, provinces of Canada, municipalities, institutions, and individuals, advice and information useful in restoring, maintaining, and enhancing the quality of the environment;
(h) Initiate and utilize ecological information in the planning and development of natural resource-oriented projects.
[ 2010 c 8 s 7002; 1971 ex.s. c 109 s 3.]

catchline: Guidelines for state agencies, local governments—Statements—Reports—Advice—Information.