title: RCW 70A.384.050

text:
The director of ecology shall, in addition to the powers and duties otherwise imposed by law, have the following special powers and duties:
(1) To fulfill the responsibilities of the state under the lease between the state of Washington and the federal government executed September 10, 1964, as amended, covering approximately one hundred fifteen acres of land lying within the Hanford reservation near Richland, Washington. The department of ecology may sublease to private or public entities all or a portion of the land for specific purposes or activities which are determined, after public hearing, to be in agreement with the terms of the lease and in the best interests of the citizens of the state consistent with any criteria that may be developed as a requirement by the legislature;
(2) To assume the responsibilities of the state under the perpetual care agreement between the state of Washington and the federal government executed July 29, 1965, and the sublease between the state of Washington and the site operator of the commercial low-level radioactive waste disposal facility. In order to finance perpetual surveillance and maintenance under the agreement and ensure site closure under the sublease, the department of ecology shall impose and collect fees from parties holding radioactive materials for waste management purposes. The fees shall be established by rule adopted under chapter 34.05 RCW and shall be an amount determined by the department of ecology to be necessary to defray the estimated liability of the state. Such fees shall reflect equity between the disposal facilities of this and other states. A site closure account and a perpetual surveillance and maintenance account are hereby created in the state treasury. Site use permit fees collected by the department of health under RCW 70A.388.060(3) must be deposited in the site closure account and must be used as specified in RCW 70A.388.060(3). Funds in the site closure account other than site use permit fee funds shall be exclusively available to reimburse, to the extent that moneys are available in the account, the site operator for its costs plus a reasonable profit as agreed by the operator and the state, or to reimburse the state licensing agency and any agencies under contract to the state licensing agency for their costs in final closure and decommissioning of the commercial low-level radioactive waste disposal facility. If a balance remains in the account after satisfactory performance of closure and decommissioning, this balance shall be transferred to the perpetual surveillance and maintenance account. The perpetual surveillance and maintenance account shall be used exclusively by the state to meet post-closure surveillance and maintenance costs, or for otherwise satisfying surveillance and maintenance obligations. Appropriations are required to permit expenditures and payment of obligations from the site closure account and the perpetual surveillance and maintenance account. Receipts shall be directed to the site closure account and the perpetual surveillance and maintenance account as specified by the department. Additional moneys specifically appropriated by the legislature or received from any public or private source may be placed in the site closure account and the perpetual surveillance and maintenance account. During the 2003-2005 fiscal biennium, the legislature may transfer up to thirteen million eight hundred thousand dollars from the site closure account to the general fund;
(3)(a) Subject to the conditions in (b) of this subsection, on July 1, 2008, and each July 1st thereafter, the treasurer shall transfer from the perpetual surveillance and maintenance account to the site closure account the sum of nine hundred sixty-six thousand dollars. The nine hundred sixty-six thousand dollars transferred on July 1, 2009, and thereafter shall be adjusted to a level equal to the percentage increase in the United States implicit price deflator for personal consumption. The last transfer under this section shall occur on July 1, 2033.
(b) The transfer in (a) of this subsection shall occur only if written agreement is reached between the state department of ecology and the United States department of energy pursuant to section 6 of the perpetual care agreement dated July 29, 1965, between the United States atomic energy commission and the state of Washington. If agreement cannot be reached between the state department of ecology and the United States department of energy by June 1, 2008, the treasurer shall transfer the funds from the general fund to the site closure account according to the schedule in (a) of this subsection.
(c) If for any reason the commercial low-level radioactive waste disposal facility is closed to further disposal operations during or after the 2003-2005 biennium and before 2033, then the amount remaining to be repaid from the 2003-2005 transfer of thirteen million eight hundred thousand dollars from the site closure account shall be transferred by the treasurer from the general fund to the site closure account to fund the closure and decommissioning of the facility. The treasurer shall transfer to the site closure account in full the amount remaining to be repaid upon written notice from the secretary of health that the department of health has authorized closure or that disposal operations have ceased. The treasurer shall complete the transfer within sixty days of written notice from the secretary of health.
(d) To the extent that money in the site closure account together with the amount of money identified for repayment to the site closure account, pursuant to (a) through (c) of this subsection, equals or exceeds the cost estimate approved by the department of health for closure and decommissioning of the facility, the money in the site closure account together with the amount of money identified for repayment to the site closure account shall constitute adequate financial assurance for purposes of the department of health financial assurance requirements;
(4) To assure maintenance of such insurance coverage by state licensees, lessees, or sublessees as will adequately, in the opinion of the director, protect the citizens of the state against nuclear accidents or incidents that may occur on privately or state-controlled nuclear facilities;
(5) To make application for or otherwise pursue any federal funds to which the state may be eligible, through the federal resource conservation and recovery act or any other federal programs, for the management, treatment or disposal, and any remedial actions, of wastes that are both radioactive and hazardous at all commercial low-level radioactive waste disposal facilities; and
(6) To develop contingency plans for duties and options for the department and other state agencies related to the commercial low-level radioactive waste disposal facility based on various projections of annual levels of waste disposal. These plans shall include an analysis of expected revenue to the state in various taxes and funds related to low-level radioactive waste disposal and the resulting implications that any increase or decrease in revenue may have on state agency duties or responsibilities. The plans shall be updated annually.
[ 2020 c 20 s 1055; 2012 c 19 s 2; 2003 1st sp.s. c 21 s 1; 1999 c 372 s 12; 1991 sp.s. c 13 s 60; 1990 c 21 s 6; 1989 c 418 s 2; 1986 c 2 s 1; 1983 1st ex.s. c 19 s 8. Formerly RCW 43.200.080.]
Notes:
Effective date—2012 c 19: See note following RCW 70A.384.010.
Effective dates—1991 sp.s. c 13: See note following RCW 18.04.105.
User permit system—Fees—Indemnity and hold state harmless—Adoption of rules: RCW 70A.388.060.

catchline: Additional powers and duties of director—Site closure account—Perpetual surveillance and maintenance account.


doc_type: statute

jurisdiction: wa

title: RCW 70A.384.060

text:
The governor may assess surcharges and penalty surcharges on the disposal of waste at the commercial low-level radioactive waste disposal facility. The surcharges may be imposed up to the maximum extent permitted by federal law. Ten dollars per cubic foot of the moneys received under this section shall be transmitted monthly to the site closure account established under RCW 70A.384.050. The rest of the moneys received under this section shall be deposited in the general fund.
[ 2020 c 20 s 1056; 2012 c 19 s 3; 1990 c 21 s 3; 1986 c 2 s 3. Formerly RCW 43.200.170.]
Notes:
Effective date—2012 c 19: See note following RCW 70A.384.010.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Waste disposal surcharges and penalty surcharges—Disposition.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 70A.384.070

text:
Except as provided in chapter 70A.388 RCW related to administration of a user permit system, the department of ecology shall be the state agency responsible for implementation of the federal low-level radioactive waste policy amendments act of 1985, including:
(1) Collecting and administering the surcharge assessed by the governor under RCW 70A.384.060;
(2) Collecting low-level radioactive waste data from disposal facility operators, generators, intermediate handlers, and the federal department of energy;
(3) Developing and operating a computerized information system to manage low-level radioactive waste data;
(4) Denying and reinstating access to the commercial low-level radioactive waste disposal facility pursuant to the authority granted under federal law;
(5) Administering and/or monitoring (a) the maximum waste volume levels for the commercial low-level radioactive waste disposal facility, (b) reactor waste allocations, (c) priority allocations under the Northwest Interstate Compact on Low-Level Radioactive Waste Management, and (d) adherence by other states and compact regions to federal statutory deadlines; and
(6) Coordinating the state's low-level radioactive waste disposal program with similar programs in other states.
[ 2020 c 20 s 1057; 2012 c 19 s 4; 1998 c 245 s 81; 1986 c 2 s 4. Formerly RCW 43.200.180.]
Notes:
Effective date—2012 c 19: See note following RCW 70A.384.010.

catchline: Implementation of federal low-level radioactive waste policy amendments of 1985.


title: RCW 70A.384.080

text:
The department of ecology shall perform studies, by contract or otherwise, to define site closure and perpetual care and maintenance requirements for the commercial low-level radioactive waste disposal facility and to assess the adequacy of insurance coverage for general liability, radiological liability, and transportation liability for the facility.
[ 2012 c 19 s 5; 1998 c 245 s 82; 1986 c 2 s 6. Formerly RCW 43.200.190.]
Notes:
Effective date—2012 c 19: See note following RCW 70A.384.010.

catchline: Studies on-site closure and perpetual care and maintenance requirements and on adequacy of insurance coverage.


title: RCW 70A.384.090

text:
(1) The director of the department of ecology may periodically review the potential for bodily injury and property damage arising from the transportation and disposal of commercial low-level radioactive waste under permits issued by the state.
(2) In making the determination of the appropriate level of financial assurance, the director shall consider:
(a) The nature and purpose of the activity and its potential for injury and damages to or claims against the state and its citizens;
(b) The current and cumulative manifested volume and radioactivity of waste being packaged, transported, buried, or otherwise handled;
(c) The location where the waste is being packaged, transported, buried, or otherwise handled, including the proximity to the general public and geographic features such as geology and hydrology, if relevant; and
(d) The legal defense cost, if any, that will be paid from the required financial assurance amount.
[ 2012 c 19 s 6; 1998 c 245 s 83; 1992 c 61 s 1; 1990 c 82 s 1; 1986 c 191 s 1. Formerly RCW 43.200.200.]
Notes:
Effective date—2012 c 19: See note following RCW 70A.384.010.

catchline: Review of potential damage—Financial assurance.


title: RCW 70A.384.100

text:
Beginning January 1, 1993, the department of ecology may impose a reasonable site closure fee if necessary to be deposited in the site closure account established under RCW 70A.384.050. The department may continue to collect moneys for the site closure account until the account contains an amount sufficient to complete the closure plan, as specified in the radioactive materials license issued by the department of health.
[ 2020 c 20 s 1058; 1990 c 21 s 4. Formerly RCW 43.200.220.]
Notes:
Rate regulation anticipated—1990 c 21: "State and national policy directs that the management of low-level radioactive waste shall be accomplished by a system of interstate compacts and the development of regional disposal sites. The Northwest regional compact, comprised of the states of Alaska, Hawaii, Idaho, Montana, Oregon, Utah, and Washington, has as its disposal facility the low-level radioactive waste disposal site located near Richland, Washington. This site is expected to be the sole site for disposal of low-level radioactive waste for compact members effective January 1, 1993. Future closure of this site will require significant financial resources.
Low-level radioactive waste is generated by essential activities and services that benefit the citizens of the state. Washington state's low-level radioactive waste disposal site has been used by the nation and the Northwest compact as a disposal site since 1965. The public has come to rely on access to this site for disposal of low-level radioactive waste, which requires separate handling from other solid and hazardous wastes. The price of disposing of low-level radioactive waste at the Washington state low-level radioactive waste disposal site is anticipated to increase when the federal low-level radioactive waste policy amendments act of 1985 is implemented and waste generated outside the Northwest compact states is excluded. To protect Washington and other Northwest compact states' businesses and services, such as electrical production, medical and university research, and private industries, upon which the public relies, there may be a need to regulate the rates charged by the operator of Washington's low-level radioactive waste disposal site." [ 1990 c 21 s 1.]

catchline: Site closure fee—Generally.


title: RCW 70A.384.110

text:
The director of the department of ecology shall require that generators of waste pay a fee for each cubic foot of waste disposed at any facility in the state equal to six dollars and fifty cents. The fee shall be imposed specifically on the generator of the waste and shall not be considered to apply in any way to the low-level site operator's disposal activities. The fee shall be allocated in accordance with RCW 70A.384.120 and 70A.384.130. Failure to comply with this section may result in denial or suspension of the generator's site use permit pursuant to RCW 70A.388.060.
[ 2020 c 20 s 1059; 2012 c 19 s 7; 1991 c 272 s 16. Formerly RCW 43.200.230.]
Notes:
Effective date—2012 c 19: See note following RCW 70A.384.010.
Effective dates—1991 c 272: See RCW 81.108.901.

catchline: Fees for waste generators.


title: RCW 70A.384.120

text:
A portion of the surcharge received under RCW 70A.384.110 shall be remitted monthly to the county in which the low-level radioactive waste disposal facility is located in the following manner:
(1) During 1993, six dollars and fifty cents per cubic foot of waste;
(2) During 1994, three dollars and twenty-five cents per cubic foot of waste; and
(3) During 1995 and thereafter, two dollars per cubic foot of waste.
[ 2020 c 20 s 1060; 1991 c 272 s 17. Formerly RCW 43.200.233.]
Notes:
Effective dates—1991 c 272: See RCW 81.108.901.

catchline: Waste generator surcharge remittal to counties.


title: RCW 70A.384.130

text:
Except for moneys that may be remitted to a county in which a low-level radioactive waste disposal facility is located, all surcharges authorized under RCW 70A.384.110 shall be deposited in the fund created in RCW 43.31.422.
[ 2020 c 20 s 1061; 1991 c 272 s 18. Formerly RCW 43.200.235.]
Notes:
Effective dates—1991 c 272: See RCW 81.108.901.

catchline: Disposal of waste generator surcharges.


title: RCW 70A.384.900

text:
The rules of strict construction do not apply to this chapter and it shall be liberally construed in order to carry out the objective for which it is designed, in accordance with the legislative intent to give the board the maximum possible freedom in carrying the provisions of this chapter into effect.
[ 1984 c 161 s 15; 1983 1st ex.s. c 19 s 10. Formerly RCW 43.200.900.]

catchline: Construction of chapter.


title: RCW 70A.384.901

text:
If any part of this act shall be found to be in conflict with federal requirements which are a prescribed condition to the allocation of federal funds to the state, such conflicting part of this act is hereby declared to be inoperative solely to the extent of such conflict and with respect to the agencies directly affected, and such finding or determination shall not affect the operation of the remainder of this act in its application to the agencies concerned. The rules and regulations under this act shall meet federal requirements which are a necessary condition to the receipt of federal funds by the state.
[ 1983 1st ex.s. c 19 s 11. Formerly RCW 43.200.901.]

catchline: Conflict with federal requirements—1983 1st ex.s. c 19.


title: RCW 70A.384.902

text:
The provisions of this act shall not have the effect of reducing the level of liability coverage required under any law, regulation, or contract of the state before December 31, 1987, or the effective date of the first determination made pursuant to RCW 70A.384.090, if earlier.
[ 2020 c 20 s 1062; 1986 c 191 s 4. Formerly RCW 43.200.905.]

catchline: Construction—1986 c 191.


title: RCW 70A.384.903

text:
(1) The site use permit program is transferred from the department of ecology to the department of health.
(2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of ecology site use permit program shall be delivered to the custody of the department of health. All funds, credits, or other assets held by the department of ecology site use permit program shall be assigned to the department of health.
(b) Any appropriations made to the department of ecology for the site use permit program shall be transferred and credited to the department of health.
(3) All rules of the department of ecology site use permit program shall be continued and acted upon by the department of health until new rules are adopted under RCW 70A.388.060. All permit applications and pending business before the department of ecology site use permit program shall be continued and acted upon by the department of health. All existing contracts and obligations shall remain in full force and shall be performed by the department of health.
(4) The transfer of the powers, duties, functions, and personnel of the department of ecology site use permit program to the department of health under chapter 19, Laws of 2012 shall not affect the validity of any activity performed before July 1, 2012.
[ 2020 c 20 s 1063; 2012 c 19 s 14. Formerly RCW 43.200.907.]
Notes:
Effective date—2012 c 19: See note following RCW 70A.384.010.

catchline: Transfer of site use permit program from the department of ecology to the department of health.


title: RCW 70A.386.010

text:
The legislature and the people of the state of Washington find that:
(1) In order to solve the problem of high-level radioactive waste disposal, congress established a process for selecting two sites for the safe, permanent, and regionally equitable disposal of such waste.
(2) The process of selecting three sites as final candidates, including the Hanford reservation, for a first high-level nuclear waste repository by the United States department of energy violated the intent and the mandate of congress.
(3) The United States department of energy has prematurely deferred consideration of numerous potential sites and disposal media that its own research indicates are more appropriate, safer, and less expensive.
(4) Placement of a repository at Hanford without methodical and independently verified scientific evaluation will pose a threat to the health and safety of the people and the environment of this state.
(5) The selection process is flawed and not credible because it did not include independent experts in the selection of the sites and in the review of that selection, as recommended by the National Academy of Sciences.
(6) By postponing indefinitely all site specific work for a second repository, the United States department of energy has not complied with the intent of congress expressed in the Nuclear Waste Policy Act, Public Law 97-425, and the fundamental compromise which enabled its enactment.
[ 1986 ex.s. c 1 s 1. Formerly RCW 43.205.010.]

catchline: Findings.


title: RCW 70A.386.020

text:
In order to achieve complete compliance with federal law and protect the health, safety, and welfare of the people of the state of Washington, the governor, the legislature, other statewide elected officials, and the nuclear waste board shall use all legal means necessary to:
(1) Suspend the preliminary site selection process for a high-level nuclear waste repository, including the process of site characterization, until there is compliance with the intent of the Nuclear Waste Policy Act;
(2) Reverse the secretary of energy's decision to postpone indefinitely all site specific work on locating and developing a second repository for high-level nuclear waste;
(3) Insist that the United States department of energy's site selection process, when resumed, considers all acceptable geologic media and results in safe, scientifically justified, and regionally and geographically equitable high-level nuclear waste disposal;
(4) Demand that federal budget actions fully and completely follow the intent of the Nuclear Waste Policy Act; and
(5) Continue to pursue alliances with other states and interested parties, particularly with Pacific Northwest governors, legislatures, and other parties, affected by the site selection and transportation of high-level nuclear waste.
[ 1986 ex.s. c 1 s 2. Formerly RCW 43.205.020.]

catchline: Duties relating to the site selection process for a high-level nuclear waste repository.


title: RCW 70A.388.010

text:
It is the policy of the state of Washington in furtherance of its responsibility to protect the public health and safety and to encourage, insofar as consistent with this responsibility, the industrial and economic growth of the state and to institute and maintain a regulatory and inspection program for sources and uses of ionizing radiation so as to provide for (1) compatibility with the standards and regulatory programs of the federal government, (2) a single, effective system of regulation within the state, and (3) a system consonant insofar as possible with those of other states.
[1975-'76 2nd ex.s. c 108 s 12; 1961 c 207 s 1. Formerly RCW 70.98.010.]
Notes:
Severability—Effective date—1975-'76 2nd ex.s. c 108: See notes following RCW 43.21F.010.

catchline: Declaration of policy.


title: RCW 70A.388.020

text:
It is the purpose of this chapter to effectuate the policies set forth in RCW 70A.388.010 as now or hereafter amended by providing for:
(1) A program of effective regulation of sources of ionizing radiation for the protection of the occupational and public health and safety;
(2) A program to promote an orderly regulatory pattern within the state, among the states and between the federal government and the state and facilitate intergovernmental cooperation with respect to use and regulation of sources of ionizing radiation to the end that duplication of regulation may be minimized;
(3) A program to establish procedures for assumption and performance of certain regulatory responsibilities with respect to by-product, source, and special nuclear materials.
[ 2020 c 20 s 1263; 1975-'76 2nd ex.s. c 108 s 13; 1965 c 88 s 1; 1961 c 207 s 2. Formerly RCW 70.98.020.]
Notes:
Severability—Effective date—1975-'76 2nd ex.s. c 108: See notes following RCW 43.21F.010.

catchline: Purpose.


title: RCW 70A.388.030

text:
(1) "By-product material" means any radioactive material (except special nuclear material) yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material.
(2)(a) "General license" means a license effective pursuant to rules promulgated by the state radiation control agency, without the filing of an application, to transfer, acquire, own, possess, or use quantities of, or devices or equipment utilizing, by-product, source, special nuclear materials, or other radioactive material occurring naturally or produced artificially.
(b) "Specific license" means a license, issued after application to use, manufacture, produce, transfer, receive, acquire, own, or possess quantities of, or devices or equipment utilizing by-product, source, special nuclear materials, or other radioactive materials occurring naturally or produced artificially.
(3) "Ionizing radiation" means gamma rays and x-rays, alpha and beta particles, high-speed electrons, neutrons, protons, and other atomic or subatomic particles; but not sound or radio waves, or visible, infrared, or ultraviolet light.
(4) "Person" means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this state, any other state or political subdivision or agency thereof, and any legal successor, representative, agent, or agency of the foregoing, other than the United States Atomic Energy Commission, or any successor thereto, and other than federal government agencies licensed by the United States Atomic Energy Commission, or any successor thereto.
(5) "Radiation source" means any type of device or substance which is capable of producing or emitting ionizing radiation.
(6) "Registration" means registration with the state department of health by any person possessing a source of ionizing radiation in accordance with rules adopted by the department of health.
(7) "Site use permit" means a permit, issued after application, to use the commercial low-level radioactive waste disposal facility.
(8) "Source material" means (a) uranium, thorium, or any other material which is determined by the United States Nuclear Regulatory Commission or its successor pursuant to the provisions of section 61 of the United States Atomic Energy Act of 1954, as amended (42 U.S.C. Sec. 209) to be source material; or (b) ores containing one or more of the foregoing materials, in such concentration as the commission may by regulation determine from time to time.
(9) "Special nuclear material" means (a) plutonium, uranium enriched in the isotope 233 or in the isotope 235, and any other material which the United States Nuclear Regulatory Commission or its successor, pursuant to the provisions of section 51 of the United States Atomic Energy Act of 1954, as amended (42 U.S.C. Sec. 2071), determines to be special nuclear material, but does not include source material; or (b) any material artificially enriched by any of the foregoing, but does not include source material.
[ 2012 c 19 s 8; 1991 c 3 s 355; 1983 1st ex.s. c 19 s 9; 1979 c 141 s 125; 1965 c 88 s 2; 1961 c 207 s 3. Formerly RCW 70.98.030.]
Notes:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Effective date—2012 c 19: See note following RCW 70A.384.010.
Construction—Conflict with federal requirements—1983 1st ex.s. c 19: See RCW 70A.384.900 and 70A.384.901.

catchline: Definitions.


title: RCW 70A.388.040

text:
(1) The department of health is designated as the state radiation control agency, hereinafter referred to as the agency, and shall be the state agency having sole responsibility for administration of the regulatory, licensing, and radiation control provisions of this chapter.
(2) The secretary of health shall be director of the agency, hereinafter referred to as the secretary, who shall perform the functions vested in the agency pursuant to the provisions of this chapter.
(3) The agency shall appoint a state radiological control officer, and in accordance with the laws of the state, fix his or her compensation and prescribe his or her powers and duties.
(4) The agency shall for the protection of the occupational and public health and safety:
(a) Develop programs for evaluation of hazards associated with use of ionizing radiation;
(b) Develop a statewide radiological baseline beginning with the establishment of a baseline for the Hanford reservation;
(c) Implement an independent statewide program to monitor ionizing radiation emissions from radiation sources within the state;
(d) Develop programs with due regard for compatibility with federal programs for regulation of by-product, source, and special nuclear materials;
(e) Conduct environmental radiation monitoring programs which will determine the presence and significance of radiation in the environment and which will verify the adequacy and accuracy of environmental radiation monitoring programs conducted by the federal government at its installations in Washington and by radioactive materials licensees at their installations;
(f) Formulate, adopt, promulgate, and repeal codes, rules, and regulations relating to control of sources of ionizing radiation;
(g) Advise, consult, and cooperate with other agencies of the state, the federal government, other states and interstate agencies, political subdivisions, and with groups concerned with control of sources of ionizing radiation;
(h) Have the authority to accept and administer loans, grants, or other funds or gifts, conditional or otherwise, in furtherance of its functions, from the federal government and from other sources, public or private;
(i) Encourage, participate in, or conduct studies, investigations, training, research, and demonstrations relating to control of sources of ionizing radiation, including the collection of statistical data and epidemiological research, where available, on diseases that result from exposure to sources of ionizing radiation;
(j) Collect and disseminate information relating to control of sources of ionizing radiation; including:
(i) Maintenance of a file of all license applications, issuances, denials, amendments, transfers, renewals, modifications, suspensions, and revocations;
(ii) Maintenance of a file of registrants possessing sources of ionizing radiation requiring registration under the provisions of this chapter and any administrative or judicial action pertaining thereto; and
(iii) Maintenance of a file of all rules and regulations relating to regulation of sources of ionizing radiation, pending or promulgated, and proceedings thereon;
(k) Collect and disseminate information relating to nonionizing radiation, including:
(i) Maintaining a state clearinghouse of information pertaining to sources and effects of nonionizing radiation with an emphasis on electric and magnetic fields;
(ii) Maintaining current information on the status and results of studies pertaining to health effects resulting from exposure to nonionizing radiation with an emphasis on studies pertaining to electric and magnetic fields;
(iii) Serving as the lead state agency on matters pertaining to electric and magnetic fields and periodically informing state agencies of relevant information pertaining to nonionizing radiation;
(l) In connection with any adjudicative proceeding as defined by RCW 34.05.010 or any other administrative proceedings as provided for in this chapter, have the power to issue subpoenas in order to compel the attendance of necessary witnesses and/or the production of records or documents.
(5) In order to avoid duplication of efforts, the agency may acquire the data requested under this section from public and private entities that possess this information.
[ 2012 c 117 s 414; 1990 c 173 s 2; 1989 c 175 s 132; 1985 c 383 s 1; 1985 c 372 s 1; 1971 ex.s. c 189 s 10; 1970 ex.s. c 18 s 16; 1965 c 88 s 3; 1961 c 207 s 5. Formerly RCW 70.98.050.]
Notes:
Finding—1990 c 173: "The legislature finds that concern has been raised over possible health effects resulting from exposure to nonionizing radiation, and specifically exposure to electric and magnetic fields. The legislature further finds that there is no clear responsibility in state government for following this issue and that this responsibility is best suited for the department of health." [ 1990 c 173 s 1.]
Effective date—1989 c 175: See note following RCW 34.05.010.
Severability—1985 c 372: "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." [ 1985 c 372 s 5.]
Effective date—Severability—1970 ex.s. c 18: See notes following RCW 43.20A.010.

catchline: State radiation control agency.


title: RCW 70A.388.050

text:
(1) The agency shall provide by rule or regulation for general or specific licensing of by-product, source, special nuclear materials, or devices or equipment utilizing such materials, or other radioactive material occurring naturally or produced artificially. Such rule or regulation shall provide for amendment, suspension, or revocation of licenses. Such rule or regulation shall provide that:
(a) Each application for a specific license shall be in writing and shall state such information as the agency, by rule or regulation, may determine to be necessary to decide the technical, insurance, and financial qualifications, or any other qualification of the applicant as the agency may deem reasonable and necessary to protect the occupational and public health and safety. The agency may at any time after the filing of the application, and before the expiration of the license, require further written statements and shall make such inspections as the agency deems necessary in order to determine whether the license should be granted or denied or whether the license should be modified, suspended, or revoked. In no event shall the agency grant a specific license to any applicant who has never possessed a specific license issued by a recognized state or federal authority until the agency has conducted an inspection which insures that the applicant can meet the rules, regulations and standards adopted pursuant to this chapter. All applications and statements shall be signed by the applicant or licensee. The agency may require any applications or statements to be made under oath or affirmation;
(b) Each license shall be in such form and contain such terms and conditions as the agency may by rule or regulation prescribe;
(c) No license issued under the authority of this chapter and no right to possess or utilize sources of ionizing radiation granted by any license shall be assigned or in any manner disposed of; and
(d) The terms and conditions of all licenses shall be subject to amendment, revision, or modification by rules, regulations or orders issued in accordance with the provisions of this chapter.
(2) Before the agency issues a license to an applicant under this section, it shall give notice of such application to the chief executive officer of the incorporated city or town, if the application is for a license within an incorporated city or town, or to the county legislative authority, if the application is for a license outside the boundaries of incorporated cities or towns. The incorporated city or town, through the official or employee selected by it, or the county legislative authority or the official or employee selected by it, shall have the right to file with the agency within twenty days after date of transmittal of such notice, written objections against the applicant or against the activity for which the license is sought, and shall include with such objections a statement of all facts upon which such objections are based, and in case written objections are filed, may request and the agency may in its discretion hold a formal hearing under chapter 34.05 RCW. Upon the granting of a license under this section the agency shall send a duplicate of the license or written notification to the chief executive officer of the incorporated city or town in which the license is granted, or to the county legislative authority if the license is granted outside the boundaries of incorporated cities or towns.
This subsection shall not apply to activities conducted within the boundaries of the Hanford reservation.
(3) The agency may require registration of all sources of ionizing radiation.
(4) The agency may exempt certain sources of ionizing radiation or kinds of uses or users from the registration or licensing requirements set forth in this section when the agency makes a finding after approval of the technical advisory board that the exemption of such sources of ionizing radiation or kinds of uses or users will not constitute a significant risk to the health and safety of the public.
(5) In promulgating rules and regulations pursuant to this chapter the agency shall, insofar as practical, strive to avoid requiring dual licensing, and shall provide for such recognition of other state or federal licenses as the agency shall deem desirable, subject to such registration requirements as the agency may prescribe.
[ 1984 c 96 s 1; 1965 c 88 s 5; 1961 c 207 s 8. Formerly RCW 70.98.080.]

catchline: Rules and regulations—Licensing requirements and procedure—Notice of license application—Objections—Notice upon granting of license—Registration of sources of ionizing radiation—Exemptions from registration or licensing.


title: RCW 70A.388.060

text:
(1) The agency is empowered to administer a user permit system and issue site use permits for generators, packagers, or brokers to use the commercial low-level radioactive waste disposal facility. The agency may issue a site use permit consistent with the requirements of this chapter and the rules adopted under it and the requirements of the Northwest Interstate Compact on Low-Level Radioactive Waste Management under chapter 70A.380 RCW. The agency may deny an application for a site use permit or modify, suspend, or revoke a site use permit in any case in which it finds that the permit was obtained by fraud or there is or has been a failure, refusal, or inability to comply with the requirements of this chapter or rules adopted under this chapter or the requirements of the Northwest Interstate Compact on Low-Level Radioactive Waste Management under chapter 70A.380 RCW. The agency may also deny or suspend a site use permit for failure to comply with RCW 70A.384.110.
(2) Any permit issued by the department of ecology for a site use permit pursuant to chapter 70A.384 RCW is valid until the first expiration date that occurs after July 1, 2012.
(3) The agency shall collect a fee from the applicants for site use permits that is sufficient to fund the costs to the agency to administer the user permit system. The site use permit fee must be set at a level that is also sufficient to fund state participation in activities related to the Northwest Interstate Compact on Low-Level Radioactive Waste Management under chapter 70A.380 RCW. The site use permit fees must be deposited in the site closure account established in RCW 70A.384.050(2). Appropriations to the department of health or the department of ecology are required to permit expenditures using site use permit fee funds from the site closure account.
(4) The agency shall collect a surveillance fee as an added charge on each cubic foot of low-level radioactive waste disposed of at the commercial low-level radioactive waste disposal site in this state which shall be set at a level that is sufficient to fund completely the radiation control activities of the agency directly related to the disposal site, including but not limited to the management, licensing, monitoring, and regulation of the site. The fee shall also provide funds to the Washington state patrol for costs incurred from inspection of low-level radioactive waste shipments entering this state. Disbursements for this purpose shall be by authorization of the secretary of the department of health or the secretary's designee.
(5) The agency shall require that any person who holds or applies for a permit under this chapter indemnify and hold harmless the state from claims, suits, damages, or expenses on account of injuries to or death of persons and property damage, arising or growing out of any operations and activities for which the person holds the permit, and any necessary or incidental operations.
(6) The agency may adopt such rules as are necessary to carry out its responsibilities under this section.
[ 2020 c 20 s 1264; 2012 c 19 s 9; 1990 c 21 s 7; 1989 c 106 s 1; 1986 c 2 s 2; 1985 c 383 s 3. Formerly RCW 70.98.085.]
Notes:
Effective date—2012 c 19: See note following RCW 70A.384.010.

catchline: User permit system—Fees—Indemnify and hold state harmless—Adoption of rules.


title: RCW 70A.388.070

text:
The agency or its duly authorized representative shall have the power to enter at all reasonable times upon any private or public property for the purpose of determining whether or not there is compliance with or violation of the provisions of this chapter and rules and regulations issued thereunder.
[ 1985 c 372 s 2; 1961 c 207 s 9. Formerly RCW 70.98.090.]
Notes:
Severability—1985 c 372: See note following RCW 70A.388.040.

catchline: Inspection.


title: RCW 70A.388.080

text:
(1) The radiation control agency may require any person who applies for, or holds, a license under this chapter to demonstrate that the person has financial assurance sufficient to assure that liability incurred as a result of licensed operations and activities can be fully satisfied. Financial assurance may be in the form of insurance, cash deposits, surety bonds, corporate guarantees, letters of credit, or other financial instruments or guarantees determined by the agency to be acceptable financial assurance. The agency may require financial assurance in an amount determined by the secretary pursuant to RCW 70A.388.090.
(2) The radiation control agency may require site use permit holders to demonstrate financial assurance in an amount that is adequate to protect the state and its citizens from all claims, suits, losses, damages, or expenses on account of injuries to persons and property damage arising or growing out of the transportation or disposal of commercial low-level radioactive waste. The financial assurance may be in the form of insurance, cash deposits, surety bonds, corporate guarantees, and other acceptable instruments or guarantees determined by the secretary to be acceptable evidence of financial assurance. The agency may require financial assurance in an amount determined by the secretary pursuant to RCW 70A.388.090.
(3) The radiation control agency shall refuse to issue a license or permit or suspend the license or permit of any person required by this section to demonstrate financial assurance who fails to demonstrate compliance with this section. The license or permit shall not be issued or reinstated until the person demonstrates compliance with this section.
(4) The radiation control agency shall require (a) that any person required to demonstrate financial assurance, maintain with the agency current copies of any insurance policies, certificates of insurance, letters of credit, surety bonds, or any other documents used to comply with this section, (b) that the agency be notified of any changes in the financial assurance or financial condition of the person, and (c) that the state be named as an insured party on any insurance policy used to comply with this section.
[ 2020 c 20 s 1265; 2012 c 19 s 10; 1992 c 61 s 3; 1990 c 82 s 4; 1986 c 191 s 3. Formerly RCW 70.98.095.]
Notes:
Effective date—2012 c 19: See note following RCW 70A.384.010.
Construction—1986 c 191: See RCW 70A.384.902.

catchline: Financial assurance—Noncompliance.


title: RCW 70A.388.090

text:
(1) In making the determination of the appropriate level of financial assurance, the secretary shall consider: (a) Any report prepared by the department of ecology pursuant to RCW 70A.384.090; (b) the potential cost of decontamination, treatment, disposal, decommissioning, and cleanup of facilities or equipment; (c) federal cleanup and decommissioning requirements; and (d) the legal defense cost, if any, that might be paid from the required financial assurance.
(2) The secretary may establish different levels of required financial assurance for various classes of permit or license holders.
(3) The secretary shall establish by rule the instruments or mechanisms by which a person may demonstrate financial assurance as required by RCW 70A.388.080.
(4) To the extent that money in the site closure account together with the amount of money identified for repayment to the site closure account pursuant to RCW 70A.384.050 equals or exceeds the cost estimate approved by the department of health for closure and decommissioning of the commercial low-level radioactive waste disposal facility, the money in the site closure account together with the amount of money identified for repayment to the site closure account shall constitute adequate financial assurance for purposes of the department of health financial assurance requirements under RCW 70A.388.080.
[ 2020 c 20 s 1266; 2012 c 19 s 11; 2003 1st sp.s. c 21 s 2; 1992 c 61 s 4; 1990 c 82 s 3. Formerly RCW 70.98.098.]
Notes:
Effective date—2012 c 19: See note following RCW 70A.384.010.

catchline: Financial assurance—Generally.


title: RCW 70A.388.100

text:
(1) The agency shall require each person who possesses or uses a source of ionizing radiation to maintain necessary records relating to its receipt, use, storage, transfer, or disposal and such other records as the agency may require which will permit the determination of the extent of occupational and public exposure from the radiation source. Copies of these records shall be submitted to the agency on request. These requirements are subject to such exemptions as may be provided by rules.
(2) The agency may by rule and regulation establish standards requiring that personnel monitoring be provided for any employee potentially exposed to ionizing radiation and may provide for the reporting to any employee of his or her radiation exposure record.
[ 2012 c 117 s 415; 1961 c 207 s 10. Formerly RCW 70.98.100.]

catchline: Records.


title: RCW 70A.388.110

text:
(1) The governor, on behalf of this state, is authorized to enter into agreements with the federal government providing for discontinuance of certain of the federal government's responsibilities with respect to sources of ionizing radiation and the assumption thereof by this state pursuant to this chapter.
(2) Any person who, on the effective date of an agreement under subsection (1) above, possesses a license issued by the federal government shall be deemed to possess the same pursuant to a license issued under this chapter which shall expire either ninety days after the receipt from the state radiation control agency of a notice of expiration of such license or on the date of expiration specified in the federal license, whichever is earlier.
[ 1965 c 88 s 6; 1961 c 207 s 11. Formerly RCW 70.98.110.]

catchline: Federal-state agreements—Authorized—Effect as to federal licenses.


title: RCW 70A.388.120

text:
(1) The agency is authorized to enter into an agreement or agreements with the federal government, other states, or interstate agencies, whereby this state will perform on a cooperative basis with the federal government, other states, or interstate agencies, inspections or other functions relating to control of sources of ionizing radiation.
(2) The agency may institute training programs for the purpose of qualifying personnel to carry out the provisions of this chapter and may make said personnel available for participation in any program or programs of the federal government, other states, or interstate agencies in furtherance of the purposes of this chapter.
[ 1961 c 207 s 12. Formerly RCW 70.98.120.]

catchline: Inspection agreements and training programs.


title: RCW 70A.388.130

text:
The department of ecology shall seek federal funding, such as is available under the clean air act (42 U.S.C. Sec. 1857 et seq.) and the nuclear waste policy act (42 U.S.C. Sec. 10101 et seq.) to carry out the purposes of RCW 70A.388.040(4)(e).
[ 2020 c 20 s 1267; 1985 c 372 s 3. Formerly RCW 70.98.122.]
Notes:
Severability—1985 c 372: See note following RCW 70A.388.040.

catchline: Department of ecology to seek federal funding for environmental radiation monitoring.


title: RCW 70A.388.140

text:
(1) The agency shall seek federal financial assistance as authorized by the nuclear waste policy act of 1982, P.L. 97-425 section 116(c), for activities related to the high-level radioactive waste program in the state of Washington. The activities for which federal funding is sought shall include, but are not limited to, the development of a radiological baseline for the Hanford reservation; the implementation of a program to monitor ionizing radiation emissions on the Hanford reservation; the collection of statistical data and epidemiological research, where available, on diseases that result from exposure to sources of ionizing radiation on the Hanford reservation.
(2) In the event the federal government refuses to grant financial assistance for the activities under subsection (1) of this section, the agency is directed to investigate potential legal action.
[ 1985 c 383 s 2. Formerly RCW 70.98.125.]

catchline: Federal assistance to be sought for high-level radioactive waste program.


title: RCW 70A.388.150

text:
(1) In any proceeding under this chapter for the issuance or modification or repeal of rules relating to control of sources of ionizing radiation, the agency shall comply with the requirements of chapter 34.05 RCW, the administrative procedure act.
(2) Notwithstanding any other provision of this chapter, whenever the agency finds that an emergency exists requiring immediate action to protect the public health, safety, or general welfare, the agency may, in accordance with RCW 34.05.350 without notice or hearing, adopt a rule reciting the existence of such emergency and require that such action be taken as is necessary to meet the emergency. As specified in RCW 34.05.350, such rules are effective immediately.
(3) In any case in which the department denies, modifies, suspends, or revokes a license or permit, RCW 43.70.115 governs notice of the action and provides the right to an adjudicative proceeding to the applicant or licensee or permittee. Such an adjudicative proceeding is governed by chapter 34.05 RCW.
[ 2012 c 19 s 12; 1989 c 175 s 133; 1961 c 207 s 13. Formerly RCW 70.98.130.]
Notes:
Effective date—2012 c 19: See note following RCW 70A.384.010.
Effective date—1989 c 175: See note following RCW 34.05.010.

catchline: Administrative procedure.


title: RCW 70A.388.160

text:
Notwithstanding the existence or use of any other remedy, whenever any person has engaged in, or is about to engage in, any acts or practices which constitute or will constitute a violation of any provision of this chapter, or any rule, regulation, or order issued thereunder, the attorney general upon the request of the agency, after notice to such person and opportunity to comply, may make application to the appropriate court for an order enjoining such acts or practices, or for an order directing compliance, and upon a showing by the agency that such person has engaged in, or is about to engage in, any such acts or practices, a permanent or temporary injunction, restraining order, or other order may be granted.
[ 1961 c 207 s 14. Formerly RCW 70.98.140.]

catchline: Injunction proceedings.


title: RCW 70A.388.170

text:
It shall be unlawful for any person to use, manufacture, produce, transport, transfer, receive, acquire, own, or possess any source of ionizing radiation unless licensed by or registered with, or exempted by the agency in accordance with the provisions of this chapter.
[ 1965 c 88 s 7; 1961 c 207 s 15. Formerly RCW 70.98.150.]

catchline: Prohibited uses.


title: RCW 70A.388.180

text:
The agency shall have the authority in the event of an emergency to impound or order the impounding of sources of ionizing radiation in the possession of any person who is not equipped to observe or fails to observe the provisions of this chapter or any rules or regulations issued thereunder.
[ 1961 c 207 s 16. Formerly RCW 70.98.160.]

catchline: Impounding of materials.


title: RCW 70A.388.190

text:
The operation or maintenance of any X-ray, fluoroscopic, or other equipment or apparatus employing roentgen rays, in the fitting of shoes or other footwear or in the viewing of bones in the feet is prohibited. This prohibition does not apply to any licensed physician, surgeon, *podiatrist, or any person practicing a licensed healing art, or any technician working under the direct and immediate supervision of such persons.
[ 1973 c 77 s 27; 1961 c 207 s 17. Formerly RCW 70.98.170.]
Notes:
*Reviser's note: The term "podiatrist" was changed to "podiatric physician and surgeon" by 1990 c 147.

catchline: Prohibition—Fluoroscopic X-ray shoefitting devices.


title: RCW 70A.388.200

text:
This chapter shall not apply to the following sources or conditions:
(1) Radiation machines during process of manufacture, or in storage or transit: PROVIDED, That this exclusion shall not apply to functional testing of such machines.
(2) Any radioactive material while being transported in conformity with regulations adopted by any federal agency having jurisdiction therein, and specifically applicable to the transportation of such radioactive materials.
(3) No exemptions under this section are granted for those quantities or types of activities which do not comply with the established rules and regulations promulgated by the Atomic Energy Commission, or any successor thereto.
[ 1965 c 88 s 8; 1961 c 207 s 18. Formerly RCW 70.98.180.]

catchline: Exemptions.


title: RCW 70A.388.210

text:
Nothing in this chapter shall be construed to limit the kind or amount of radiation that may be intentionally applied to a person for diagnostic or therapeutic purposes by or under the immediate direction of a licensed practitioner of the healing arts acting within the scope of his or her professional license.
[ 2012 c 117 s 416; 1961 c 207 s 19. Formerly RCW 70.98.190.]

catchline: Professional uses.


title: RCW 70A.388.220

text:
Any person who violates any of the provisions of this chapter or rules, regulations, or orders in effect pursuant thereto shall be guilty of a gross misdemeanor.
[ 1961 c 207 s 20. Formerly RCW 70.98.200.]

catchline: Penalties.


title: RCW 70A.388.230

text:
The agency shall adopt rules for administering a site use permit program under RCW 70A.388.060.
[ 2020 c 20 s 1268; 2012 c 19 s 13. Formerly RCW 70.98.220.]
Notes:
Effective date—2012 c 19: See note following RCW 70A.384.010.

catchline: Adoption of rules for administering site use permit program.


title: RCW 70A.388.901

text:
The provisions of this act relating to the control of by-product, source and special nuclear materials shall become effective on the effective date of the agreement between the federal government and this state as authorized in RCW 70A.388.110. All other provisions of this act shall become effective on the 30th day of June, 1961.
[ 2020 c 20 s 1269; 1961 c 207 s 23. Formerly RCW 70.98.910.]

catchline: Effective date—1961 c 207.


title: RCW 70A.388.902

text:
Section headings as used in this chapter do not constitute any part of the law.
[ 1961 c 207 s 25. Formerly RCW 70.98.920.]

catchline: Section headings not part of law.


title: RCW 70A.390.010

text:
The people of the state of Washington find that:
(1) Radioactive wastes are highly dangerous, in that releases of radioactive materials and emissions to the environment are inimical to the health and welfare of the people of the state of Washington, and contribute to the occurrences of harmful diseases, including excessive cancer and leukemia. The dangers posed by the transportation and presence of radioactive wastes are increased further by the long time periods that the wastes remain radioactive and highly dangerous;
(2) Transporting, handling, storing, or otherwise caring for radioactive waste presents a hazard to the health, safety, and welfare of the individual citizens of the state of Washington because of the ever-present risk that an accident or incident will occur while the wastes are being cared for;
(3) The likelihood that an accident will occur in this state involving the release of radioactive wastes to the environment becomes greater as the volume of wastes transported, handled, stored, or otherwise cared for in this state increases;
(4) The effects of unplanned releases of radioactive wastes into the environment, especially into the air and water of the state, are potentially both widespread and harmful to the health, safety, and welfare of the citizens of this state.
The burdens and hazards posed by increasing the volume of radioactive wastes transported, handled, stored, or otherwise cared for in this state by the importation of such wastes from outside this state is not a hazard the state government may reasonably ask its citizens to bear. The people of the state of Washington believe that the principles of federalism do not require the sacrifice of the health, safety, and welfare of the people of one state for the convenience of other states or nations.
[ 1981 c 1 s 1 (Initiative Measure No. 383, approved November 4, 1980). Formerly RCW 70.99.010.]

catchline: Finding.


title: RCW 70A.390.020

text:
The definitions set forth in this section apply throughout this chapter.
(1) "Radioactive waste" means unwanted radioactive material, including radioactive residues produced as a result of electric power generation or other reactor operation.
(2) "Medical waste" means radioactive waste from all therapy, diagnosis, or research in medical fields and radioactive waste which results from the production and manufacture of radioactive material used for therapy, diagnosis, or research in medical fields, except that "medical waste" does not include spent fuel or waste from the fuel of an isotope production reactor.
(3) "Radioactive waste generated or otherwise produced outside the geographic boundaries of the state of Washington" means radioactive waste which was located outside the state of Washington at the time of removal from a reactor vessel.
[ 1981 c 1 s 2 (Initiative Measure No. 383, approved November 4, 1980). Formerly RCW 70.99.020.]

catchline: Definitions.


title: RCW 70A.390.030

text:
Notwithstanding any law, order, or regulation to the contrary, after July 1, 1981, no area within the geographic boundaries of the state of Washington may be used by any person or entity as a temporary, interim, or permanent storage site for radioactive waste, except medical waste, generated or otherwise produced outside the geographic boundaries of the state of Washington. This section does not apply to radioactive waste stored within the state of Washington prior to July 1, 1981.
[ 1981 c 1 s 3 (Initiative Measure No. 383, approved November 4, 1980). Formerly RCW 70.99.030.]

catchline: Storage of radioactive waste from outside the state prohibited—Exceptions.


title: RCW 70A.390.040

text:
Notwithstanding any law, order, or regulation to the contrary, after July 1, 1981, no person or entity may transport radioactive waste, except medical waste, generated or otherwise produced outside the geographic boundaries of the state of Washington to any site within the geographic boundaries of the state of Washington for temporary, interim, or permanent storage.
[ 1981 c 1 s 4 (Initiative Measure No. 383, approved November 4, 1980). Formerly RCW 70.99.040.]

catchline: Transportation of radioactive waste from outside the state for storage within the state prohibited—Exception.


title: RCW 70A.390.050

text:
(1) A violation of or failure to comply with the provisions of RCW 70A.390.030 or 70A.390.040 is a gross misdemeanor.
(2) Any person or entity that violates or fails to comply with the provisions of RCW 70A.390.030 or 70A.390.040 is subject to a civil penalty of one thousand dollars for each violation or failure to comply.
(3) Each day upon which a violation occurs constitutes a separate violation for the purposes of subsections (1) and (2) of this section.
(4) Any person or entity violating this chapter may be enjoined from continuing the violation. The attorney general or any person residing in the state of Washington may bring an action to enjoin violations of this chapter, on his or her own behalf and on the behalf of all persons similarly situated. Such action may be maintained in the person's own name or in the name of the state of Washington. No bond may be required as a condition to obtaining any injunctive relief. The superior courts have jurisdiction over actions brought under this section, and venue shall lie in the county of the plaintiff's residence, in the county in which the violation is alleged to occur, or in Thurston county. In addition to other relief, the court in its discretion may award attorney's and expert witness fees and costs of the suit to a party who demonstrates that a violation of this chapter has occurred.
[ 2020 c 20 s 1270; 1981 c 1 s 5 (Initiative Measure No. 383, approved November 4, 1980). Formerly RCW 70.99.050.]

catchline: Violations—Penalties—Injunctions—Jurisdiction and venue—Fees and costs.


title: RCW 70A.390.060

text:
Notwithstanding the other provisions of this chapter, the state of Washington may enter into an interstate compact, which will become effective upon ratification by a majority of both houses of the United States Congress, to provide for the regional storage of radioactive wastes.
[ 1981 c 1 s 6 (Initiative Measure No. 383, approved November 4, 1980). Formerly RCW 70.99.060.]
Notes:
Northwest Interstate Compact on Low-Level Radioactive Waste Management: Chapter 70A.380 RCW.

catchline: Interstate compact for regional storage.


title: RCW 70A.390.900

text:
This chapter shall be liberally construed to protect the health, safety, and welfare of the individual citizens of the state of Washington.
[ 1981 c 1 s 7 (Initiative Measure No. 383, approved November 4, 1980). Formerly RCW 70.99.900.]

catchline: Construction—1981 c 1.


title: RCW 70A.390.901

text:
This act may be known as the Radioactive Waste Storage and Transportation Act of 1980.
[ 1981 c 1 s 9 (Initiative Measure No. 383, approved November 4, 1980). Formerly RCW 70.99.910.]

catchline: Short title.


title: RCW 70A.40.010

text:
The legislature finds that public policies and programs will be improved when informed by independent scientific analysis and communication with state and local policymakers. Throughout the state there are highly qualified persons in a wide range of scientific disciplines who are willing to contribute their time and expertise in such reviews, but that presently there is lacking an organizational structure in which the entire scientific community may most effectively respond to requests for assessments of complex public policy questions. Therefore it is the purpose of chapter 305, Laws of 2005 to authorize the creation of the Washington academy of sciences as a nonprofit entity independent of government, whose principal mission will be the provision of scientific analysis and recommendations on questions referred to the academy by the governor, the governor's designee, or the legislature.
[ 2005 c 305 s 1. Formerly RCW 70.220.010.]

catchline: Finding—Purpose.


title: RCW 70A.40.020

text:
The Washington academy of sciences authorized to be formed under RCW 70A.40.030 shall serve as a principal source of scientific investigation, examination, and reporting on scientific questions referred to the academy by the governor or the legislature under the provisions of RCW 70A.40.040. Nothing in this section or this chapter supersedes or diminishes the responsibilities performed by scientists employed by the state or its political subdivisions.
[ 2020 c 20 s 1394; 2005 c 305 s 2. Formerly RCW 70.220.020.]

catchline: Washington academy of sciences to assist governor, legislature—Duty of state scientists not diminished.


title: RCW 70A.40.030

text:
(1) The presidents of the University of Washington and Washington State University shall jointly form and serve as the cochairs of an organizing committee for the purpose of creating the Washington academy of sciences as an independent entity to carry out the purposes of this chapter. The committee should be representative of appropriate disciplines from the academic, private, governmental, and research sectors.
(2) Staff from the University of Washington and Washington State University, and from other available entities, shall provide support to the organizing committee under the direction of the cochairs.
(3)(a) The committee shall investigate organizational structures that will ensure the participation or membership in the academy of scientists and experts with distinction in their fields, and that will ensure broad participation among the several disciplines that may be called upon in the investigation, examination, and reporting upon questions referred to the academy by the governor or the legislature.
(b) The organizational structure shall include a process by which the academy responds to inquiries from the governor or the legislature, including but not limited to the identification of research projects, past or present, at Washington or other research institutions and the findings of such research projects.
(4) The committee cochairs shall use their best efforts to form the committee by January 1, 2006, and to complete the committee's review by April 30, 2007. By April 30, 2007, the committee, or such individuals as the committee selects, shall file articles of incorporation to create the academy as a Washington independent organizational entity. The articles shall expressly recognize the power and responsibility of the academy to provide services as described in RCW 70A.40.040 upon request of the governor, the governor's designee, or the legislature. The articles shall also provide for a board of directors of the academy that includes distinguished scientists from the range of disciplines that may be called upon to provide such services to the state and its political subdivisions, and provide a balance of representation from the academic, private, governmental, and research sectors.
(5) The articles shall provide for all such powers as may be appropriate or necessary to carry out the academy's purposes under this chapter, to the full extent allowable under the proposed organizational structure.
[ 2020 c 20 s 1395; 2005 c 305 s 3. Formerly RCW 70.220.030.]

catchline: Organizing committee, staff support—Organizational structure.


title: RCW 70A.40.040

text:
(1) The academy shall investigate, examine, and report on any subject of science requested by the governor, the governor's designee, or the legislature. The procedures for selecting panels of experts to respond to such requests shall be set forth in the bylaws or other appropriate operating guidelines. In forming review panels, the academy shall endeavor to assure that the panel members have no conflicts of interest and that proposed panelists first disclose any advocacy positions or financial interest related to the questions to be addressed by the panel that the candidate has held within the past ten years.
(2) The governor shall provide funding to the academy for the actual expense of such investigation, examination, and reports. Such funding shall be in addition to state funding assistance to the academy in its initial years of operation as described in *RCW 70.220.060.
[ 2005 c 305 s 4. Formerly RCW 70.220.040.]
Notes:
*Reviser's note: RCW 70.220.060 was repealed by 2017 3rd sp.s. c 25 s 9.

catchline: Duties—Review panels—Funding.


title: RCW 70A.40.050

text:
The academy may carry out functions or provide services to its members and the public in addition to the services provided under RCW 70A.40.040, such as public education programs, newsletters, websites, science fairs, and research assistance.
[ 2020 c 20 s 1396; 2005 c 305 s 5. Formerly RCW 70.220.050.]

catchline: Additional services permitted.


title: RCW 70A.400.005

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Chemical plant" has the same meaning as in WAC 296-24-33001, as that section existed as of January 1, 2018.
(2) "Class B firefighting foam" means foams designed for flammable liquid fires.
(3) "Department" means the department of ecology.
(4) "Firefighting personal protective equipment" means any clothing designed, intended, or marketed to be worn by firefighting personnel in the performance of their duties, designed with the intent for the use in fire and rescue activities, including jackets, pants, shoes, gloves, helmets, and respiratory equipment.
(5) "Local governments" includes any county, city, town, fire district, regional fire protection authority, or other special purpose district that provides firefighting services.
(6) "Manufacturer" includes any person, firm, association, partnership, corporation, organization, joint venture, importer, or domestic distributor of firefighting agents or firefighting equipment. For the purposes of this subsection, "importer" means the owner of the product.
(7) "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS chemicals" means, for the purposes of firefighting agents and firefighting equipment, a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
[ 2018 c 286 s 1. Formerly RCW 70.75A.005.]
Notes:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).


title: RCW 70A.400.010

text:
Beginning July 1, 2018, a person, local government, or state agency may not discharge or otherwise use for training purposes class B firefighting foam that contains intentionally added PFAS chemicals.
[ 2018 c 286 s 2. Formerly RCW 70.75A.010.]

catchline: Discharge or use for training purposes of certain class B firefighting foam prohibited.


title: RCW 70A.400.020

text:
(1) Beginning July 1, 2020, a manufacturer of class B firefighting foam may not manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in this state class B firefighting foam to which PFAS chemicals have been intentionally added.
(2)(a) The restrictions in subsection (1) of this section do not apply to any manufacture, sale, or distribution of class B firefighting foam where the inclusion of PFAS chemicals are required by federal law, including but not limited to the requirements of 14 C.F.R. 139.317, as that section existed as of January 1, 2018.
(b) In the event that the requirements of 14 C.F.R. Sec. 139.317 or other applicable federal regulations change after January 1, 2018, to allow the use of alternative firefighting agents that do not contain PFAS chemicals, then as of the effective date of that change, the department shall publish a finding to that effect in the Washington State Register and submit this finding to the appropriate committees of the house of representatives and the senate. The department's publication regarding a change in the federal regulations must be specific with respect to the involved federal agency and use and, if identified by the federal agency, the alternative firefighting agent. Two years after publication in the Washington State Register, the restrictions of subsection (1) of this section apply to the manufacture, sale, and distribution of class B firefighting foam that contains intentionally added PFAS chemicals for the uses specified in 14 C.F.R. Sec. 139.317 or other applicable federal regulations. However, the restrictions of subsection (1) of this section do not take effect for an additional year if all of the airports in Washington certificated under 14 C.F.R. Sec. 139 have not been able to secure alternative firefighting agents and any necessary infrastructure to apply the agent in order to meet certification requirements, as determined by the department. Eighteen months after the department's original publication in the Washington State Register, each section 139 licensed airport shall report to the department on the airport's status with respect to obtaining alternative firefighting agents approved by the federal aviation administration and any necessary infrastructure. The department must publish a second notice delaying the restrictions under subsection (1) of this section for an additional year if the department has determined that any section 139 airport is unable to secure alternative firefighting agents without intentionally added PFAS chemicals or infrastructure to meet certification requirements because the agents or infrastructure are not commercially available.
(3)(a) The restrictions in subsection (1) of this section do not apply until January 1, 2024, to any manufacture, sale, or distribution of class B firefighting foam to a person for use at a terminal, as defined in RCW 82.23A.010, operated by the person, a chemical plant operated by the person, or an oil refinery operated by the person.
(b) A person who operates a chemical plant, refinery, or terminal may apply to the department for a waiver. A waiver may only be for two years and may only be extended by the department for one additional two-year term. The department may grant a waiver if the applicant provides:
(i) Clear and convincing evidence that there is no commercially available replacement that does not contain intentionally added PFAS chemicals that is capable of suppressing a large atmospheric storage tank fire;
(ii) Information on the amount of firefighting foam containing intentionally added PFAS chemicals stored, used, or released on-site on an annual basis;
(iii) A report on the progress being made by the operator of the chemical plant, terminal, or refinery to transition to use of firefighting foam at the facility that does not contain intentionally added PFAS chemicals; and
(iv) An explanation of how all releases of firefighting foam will be fully contained on-site and how existing containment measures will not allow firewater, wastewater, runoff, and other wastes to be released to the environment including, but not limited to, soils, groundwater, waterways, and stormwater.
(c) Nothing in this section prohibits an oil refinery or terminal from providing class B firefighting foam in the form of mutual aid to another refinery or terminal in the event of a class B fire.
[ 2020 c 23 s 1; 2018 c 286 s 3. Formerly RCW 70.75A.020.]

catchline: Manufacture, sale, or distribution of certain class B firefighting foam restricted—Publication of findings—Exceptions.


title: RCW 70A.400.030

text:
(1) Beginning July 1, 2018, a manufacturer or other person that sells firefighting personal protective equipment to any person, local government, or state agency must provide written notice to the purchaser at the time of sale if the firefighting personal protective equipment contains PFAS chemicals. The written notice must include a statement that the firefighting personal protective equipment contains PFAS chemicals and the reason PFAS chemicals are added to the equipment.
(2) The manufacturer or person selling firefighting personal protective equipment and the purchaser of the equipment must retain the notice on file for at least three years from the date of the transaction. Upon the request of the department, a person, manufacturer, or purchaser must furnish the notice, or written copies, and associated sales documentation to the department within sixty days.
[ 2018 c 286 s 4. Formerly RCW 70.75A.030.]

catchline: Sale of firefighting personal protective equipment containing PFAS chemicals—Written notice to purchaser required—Retention.


title: RCW 70A.400.040

text:
(1) A manufacturer of class B firefighting foam restricted under RCW 70A.400.020 must notify, in writing, persons that sell the manufacturer's products in this state about the provisions of this chapter no less than one year prior to the effective date of the restrictions.
(2) A manufacturer that produces, sells, or distributes a class B firefighting foam prohibited under RCW 70A.400.020 shall recall the product and reimburse the retailer or any other purchaser for the product.
[ 2020 c 20 s 1067; 2018 c 286 s 5. Formerly RCW 70.75A.040.]

catchline: Manufacturer of restricted class B firefighting foam—Notification to sellers—Recall of prohibited products.


title: RCW 70A.400.050

text:
(1) The department may request a certificate of compliance from a manufacturer of class B firefighting foam or firefighting personal protective equipment. A certificate of compliance attests that a manufacturer's product or products meets the requirements of this chapter.
(2) Beginning July 1, 2018, the department shall assist the department of enterprise services, other state agencies, fire protection districts, and other local governments to avoid purchasing or using class B firefighting foams to which PFAS chemicals have been intentionally added. The department shall assist the department of enterprise services, other state agencies, fire protection districts, and other local governments to give priority and preference to the purchase of firefighting personal protective equipment that does not contain PFAS chemicals.
[ 2018 c 286 s 6. Formerly RCW 70.75A.050.]

catchline: Class B firefighting foam/firefighting personal protective equipment—Certificate of compliance—Department duties.


title: RCW 70A.400.060

text:
A manufacturer of class B firefighting foam in violation of RCW 70A.400.020 or 70A.400.040 or a person in violation of RCW 70A.400.010 or 70A.400.030 is subject to a civil penalty not to exceed five thousand dollars for each violation in the case of a first offense. Manufacturers, local governments, or persons that are repeat violators are subject to a civil penalty not to exceed ten thousand dollars for each repeat offense. Penalties collected under this section must be deposited in the model toxics control operating account created in RCW 70A.305.180.
[ 2020 c 20 s 1068; 2019 c 422 s 403; 2018 c 286 s 7. Formerly RCW 70.75A.060.]
Notes:
Effective date—Intent—2019 c 422: See notes following RCW 82.21.010.

catchline: Penalties.


title: RCW 70A.405.005

text:
Polybrominated diphenyl ethers (PBDEs) have been used extensively as flame retardants in a large number of common household products for the past thirty years. Studies on animals show that PBDEs can impact the developing brain, affecting behavior and learning after birth and into adulthood, making exposure to fetuses and children a particular concern. Levels of PBDEs are increasing in people, and in the environment, particularly in North America. Because people can be exposed to these chemicals through house dust and indoor air as well as through food, it is important to phase out their use in common household products, provided that effective flame retardants that are safer and technically feasible are available at a reasonable cost.
[ 2007 c 65 s 1. Formerly RCW 70.76.005.]

catchline: Findings.


title: RCW 70A.405.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Comestible" means edible.
(2) "Commercial decabromo diphenyl ether" or "commercial deca-bde" means the chemical mixture of decabromo diphenyl ether, including associated polybrominated diphenyl ether impurities not intentionally added.
(3) "Department" means the department of ecology.
(4) "Electronic enclosure" means the plastic housing that encloses the components of electronic products, including but not limited to televisions and computers.
(5) "Manufacturer" means any person, firm, association, partnership, corporation, governmental entity, organization, or joint venture that produces a product containing polybrominated diphenyl ethers or an importer or domestic distributor of a noncomestible product containing polybrominated diphenyl ethers. A manufacturer does not include a retailer who:
(a) Adds a private label brand or cobrands a product for sale; or
(b) Assembles components to create a single noncomestible product based on an individual consumer preference.
(6) "Mattress" has the same meaning as defined by the United States consumer product safety commission in 16 C.F.R. Part 1633 (2007) as it existed on July 22, 2007, and includes mattress sets, box springs, futons, crib mattresses, and youth mattresses. "Mattress" includes mattress pads.
(7) "Medical device" means an instrument, machine, implant, or diagnostic test used to help diagnose a disease or other condition or to cure, treat, or prevent disease.
(8) "Polybrominated diphenyl ethers" or "PBDEs" means chemical forms that consist of diphenyl ethers bound with bromine atoms. Polybrominated diphenyl ethers include, but are not limited to, the three primary forms of the commercial mixtures known as pentabromo diphenyl ether (penta-bde), octabromo diphenyl ether (octa-bde), and decabromo diphenyl ether (deca-bde).
(9) "Residential upholstered furniture" means residential seating products intended for indoor use in a home or other dwelling intended for residential occupancy that consists in whole or in part of resilient cushioning materials enclosed within a covering consisting of fabric or related materials, if the resilient cushioning materials are sold with the item of upholstered furniture and the upholstered furniture is constructed with a contiguous upholstered seat and back that may include arms.
(10) "Retailer" means a person who offers a product for sale at retail through any means including, but not limited to, remote offerings such as sales outlets, catalogs, or the internet, but does not include a sale that is a wholesale transaction with a distributor or a retailer. A retailer does not include a person, firm, association, partnership, corporation, governmental entity, organization, or joint venture that both manufactures and sells a product at retail.
(11) "Technically feasible" means an alternative that is available at a cost and in sufficient quantity to permit the manufacturer to produce an economically viable product.
(12) "Transportation vehicle" means a mechanized vehicle that is used to transport goods or people including, but not limited to, airplanes, automobiles, motorcycles, trucks, buses, trains, boats, ships, streetcars, or monorail cars.
[ 2007 c 65 s 2. Formerly RCW 70.76.010.]

catchline: Definitions.


title: RCW 70A.405.020

text:
After January 1, 2008, no person may manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in this state noncomestible products containing PBDEs. Exemptions from the prohibition in this section are limited to the following:
(1) Products containing deca-bde, except as provided in RCW 70A.405.030;
(2) The sale or distribution of any used transportation vehicle manufactured before January 1, 2008, with component parts containing PBDEs;
(3) The sale or distribution of any used transportation vehicle parts or new transportation vehicle parts manufactured before January 1, 2008, that contain PBDEs;
(4) The manufacture, sale, repair, distribution, maintenance, refurbishment, or modification of equipment containing PBDEs and used primarily for military or federally funded space program applications. The exemption in this subsection (4) does not cover consumer-based goods with broad applicability;
(5) Federal aviation administration fire worthiness requirements and recommendations;
(6) The manufacture, sale, repair, distribution, maintenance, refurbishment, or modification of any new raw material or component part used in a transportation vehicle with component parts, including original spare parts, containing deca-bde;
(7) The use of commercial deca-bde in the maintenance, refurbishment, or modification of transportation equipment;
(8) The sale or distribution of any product containing PBDEs that has been previously owned, purchased, or sold in commerce, provided it was manufactured before the effective date of the prohibition;
(9) The manufacture, sale, or distribution of any new product or product component consisting of recycled or used materials containing deca-bde;
(10) The sale or purchase of any previously owned product containing PBDEs made in casual or isolated sales as defined in RCW 82.04.040 and to sales by nonprofit organizations;
(11) The manufacture, sale, or distribution of new carpet cushion made from recycled foam containing less than one-tenth of one percent penta-bde; and
(12) Medical devices.
[ 2020 c 20 s 1069; 2007 c 65 s 3. Formerly RCW 70.76.020.]

catchline: Manufacture, sale, or distribution of noncomestible products containing PBDEs—Exemptions.


title: RCW 70A.405.030

text:
(1) Except as provided in RCW 70A.405.090, no person may manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in this state mattresses containing commercial deca-bde after January 1, 2008.
(2) Except as provided in RCW 70A.405.090, no person may manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in this state residential upholstered furniture that contains commercial deca-bde, or any television or computer that has an electronic enclosure that contains commercial deca-bde after the effective date established in subsection (3) of this section. This prohibition may not take effect until the department and the department of health identify that a safer and technically feasible alternative is available, and the fire safety committee, created in RCW 70A.405.040, determines that the identified alternative meets applicable fire safety standards. The effective date of the prohibition must be established according to the following process:
(a) The department and the department of health shall review risk assessments, scientific studies, and other relevant findings regarding alternatives to the use of commercial deca-bde in residential upholstered furniture, televisions, and computers.
(b) If the department and the department of health jointly find that safer and technically feasible alternatives are available for any of these uses, the department shall convene the fire safety committee created in RCW 70A.405.040 to determine whether the identified alternatives meet applicable fire safety standards.
(c) By majority vote, the fire safety committee created in RCW 70A.405.040 shall make a finding whether an alternative identified under (b) of this subsection meets applicable fire safety standards. The fire safety committee shall report their finding to the state fire marshal. After reviewing the finding of the fire safety committee, the state fire marshal shall determine whether an alternative identified under (b) of this subsection meets applicable fire safety standards. The determination of the fire marshal must be based upon the finding of the fire safety committee. The state fire marshal shall report the determination to the department.
(d) The department shall seek public input on their findings, the findings of the fire safety committee, and the determination by the state fire marshal. The department shall publish these findings in the Washington State Register, and submit them in a report to the appropriate committees of the legislature. The department shall initially report these findings by December 31, 2008.
(3) The effective date of the prohibition is as follows:
(a) If the December 31, 2008, report required in subsection (2)(d) of this section finds that a safer and technically feasible alternative that meets applicable fire safety standards is available, the prohibition takes effect January 1, 2011;
(b) If the December 31, 2008, report required in subsection (2)(d) of this section does not find that a safer and technically feasible alternative that meets applicable fire safety standards is available, the prohibition does not take effect January 1, 2011. Beginning in 2009, by December 31st of each year, the department shall review and report on alternatives as described in subsection (2) of this section. The prohibition in subsection (2) of this section takes effect two years after a report submitted to the legislature required under subsection (2)(d) of this section finds that a safer and technically feasible alternative that meets applicable fire safety standards is available.
[ 2020 c 20 s 1070; 2007 c 65 s 4. Formerly RCW 70.76.030.]

catchline: Manufacture, sale, or distribution of products containing commercial deca-bde—Departments review of commercial deca-bde alternatives—Effective date of prohibitions.


title: RCW 70A.405.040

text:
(1) The fire safety committee is created for the exclusive purpose of finding whether an alternative identified under RCW 70A.405.030(2)(b) meets applicable fire safety standards.
(2) A majority vote of the members of the fire safety committee constitutes a finding that an alternative meets applicable fire safety standards.
(3) The fire safety committee consists of the following members:
(a) A representative from the department, who shall chair the fire safety committee, and serve as an ex officio nonvoting member.
(b) Five voting members, appointed by the governor, as follows:
(i) A representative of the office of the state fire marshal;
(ii) A representative of a statewide association representing the interests of fire chiefs;
(iii) A representative of a statewide association representing the interests of fire commissioners;
(iv) A representative of a recognized statewide council, affiliated with an international association representing the interests of firefighters; and
(v) A representative of a statewide association representing the interests of volunteer firefighters.
[ 2020 c 20 s 1071; 2007 c 65 s 5. Formerly RCW 70.76.040.]

catchline: Fire safety committee.


title: RCW 70A.405.050

text:
The department and the department of health shall review risk assessments, scientific studies, and other relevant findings regarding alternatives to the use of commercial deca-bde in products not directly addressed in this chapter. If a flame retardant that is safer and technically feasible becomes available, the department shall convene the fire safety committee created in RCW 70A.405.040. The fire safety committee and the state fire marshal shall proceed as required in RCW 70A.405.030(2)(c) to determine if the identified alternative meets applicable fire safety standards. The department and the department of health shall also review risk assessments, scientific studies, and other findings regarding the potential effect of PBDEs in the waste stream. By December 31st of the year in which the finding is made, the department must publish the information required by this section in the Washington State Register and present it in a report to the appropriate committees of the legislature.
[ 2020 c 20 s 1072; 2007 c 65 s 6. Formerly RCW 70.76.050.]

catchline: Departments review of commercial deca-bde alternatives and effects of PBDEs in waste stream—Publication.


title: RCW 70A.405.060

text:
Nothing in this chapter restricts the ability of a manufacturer, importer, or distributor from transporting products containing PBDEs through the state or storing the products in the state for later distribution outside the state.
[ 2007 c 65 s 7. Formerly RCW 70.76.060.]

catchline: Exclusions from chapter—Transportation and storage.


title: RCW 70A.405.070

text:
A manufacturer of products containing PBDEs that are restricted under this chapter must notify persons that sell the manufacturer's products in this state about the provisions of this chapter no less than ninety days prior to the effective date of the restrictions.
[ 2007 c 65 s 8. Formerly RCW 70.76.070.]

catchline: Notification to sellers.


title: RCW 70A.405.080

text:
The department shall assist state agencies to give priority and preference to the purchase of equipment, supplies, and other products that do not contain PBDEs.
[ 2007 c 65 s 9. Formerly RCW 70.76.080.]

catchline: Assistance to state agencies.


title: RCW 70A.405.090

text:
(1) Retailers who unknowingly sell products prohibited under RCW 70A.405.020 or 70A.405.030 are not liable under this chapter.
(2) In-state retailers in possession of products on the date that restrictions on the sale of the products become effective under RCW 70A.405.020 or 70A.405.030 may exhaust their existing stock through sales to the public.
(3) The department must assist in-state retailers in identifying potential products containing PBDEs.
(4) If a retailer unknowingly possesses products that are prohibited for sale under RCW 70A.405.020 or 70A.405.030 and the manufacturer does not recall the products as required under RCW 70A.405.100(2), the retailer may exhaust its existing stock through sales to the public. However, no additional prohibited stock may be sold or offered for sale.
[ 2020 c 20 s 1073; 2007 c 65 s 10. Formerly RCW 70.76.090.]

catchline: Retailers—Liability—Existing stock.


title: RCW 70A.405.100

text:
(1) Enforcement of this chapter must rely on notification and information exchange between the department and manufacturers. The department must achieve compliance with this chapter using the following enforcement sequence:
(a) Before the effective date of the product prohibition in RCW 70A.405.020 or 70A.405.030, the department must prepare and distribute information to in-state manufacturers and out-of-state manufacturers, to the maximum extent practicable, to assist them in identifying products prohibited for manufacture, sale, or distribution under this chapter.
(b) The department may request a certificate of compliance from a manufacturer. A certificate of compliance attests that a manufacturer's product or products meets the requirements of this chapter.
(c) The department may issue a warning letter to a manufacturer that produces, sells, or distributes prohibited products in violation of this chapter. The department must offer information or other appropriate assistance to the manufacturer in complying with this chapter. If, after one year, compliance is not achieved, penalties may be assessed under subsection (3) of this section.
(2) A manufacturer that knowingly produces, sells, or distributes a product prohibited from manufacture, sale, or distribution in this state under this chapter must recall the product and reimburse the retailer or any other purchaser for the product and any applicable shipping and handling for returning the products.
(3) A manufacturer of products containing PBDEs in violation of this chapter is subject to a civil penalty not to exceed one thousand dollars for each violation in the case of a first offense. Manufacturers who are repeat violators are subject to a civil penalty not to exceed five thousand dollars for each repeat offense. Penalties collected under this section must be deposited in the model toxics control operating account created in RCW 70A.305.180.
[ 2020 c 20 s 1074; 2019 c 422 s 404; 2007 c 65 s 11. Formerly RCW 70.76.100.]
Notes:
Effective date—Intent—2019 c 422: See notes following RCW 82.21.010.

catchline: Enforcement—Achieving compliance with chapter—Enforcement sequence—Recall—Penalties.


title: RCW 70A.405.110

text:
The department may adopt rules to fully implement this chapter.
[ 2007 c 65 s 12. Formerly RCW 70.76.110.]

catchline: Rules.


title: RCW 70A.410.005

text:
The legislature hereby finds and declares that:
(1) Phosphorus loading of surface waters can stimulate the growth of weeds and algae, and that such growth can have adverse environmental, health, and aesthetic effects;
(2) Household detergents contribute to phosphorus loading, and that a limit on detergents containing phosphorus can significantly reduce the discharge of phosphorus into the state's surface and ground waters;
(3) Household detergents containing no or very low phosphorus are readily available and that over thirty percent of the United States population lives in areas with a ban on detergents containing phosphorus;
(4) Phosphorus limits on household detergents can significantly reduce treatment costs at those sewage treatment facilities that remove phosphorus from the waste stream; and
(5) While significant reductions of phosphorus from laundry detergent have been accomplished, similar progress in reducing phosphorus contributions from dishwashing detergents has not been achieved.
It is therefore the intent of the legislature to impose a statewide limit on the phosphorus content of household detergents.
[ 2006 c 223 s 1; 1993 c 118 s 1. Formerly RCW 70.95L.005.]

catchline: Finding.


title: RCW 70A.410.010

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 70A.410.005 through 70A.410.030.
(1) "Department" means the department of ecology.
(2) "Dishwashing detergent" means a cleaning agent sold, used, or manufactured for the purpose of cleaning dishes, whether by hand or by household machine.
(3) "Laundry detergent" means a cleaning agent sold, used, or manufactured for the purpose of cleaning laundry, whether by hand or by household machine.
(4) "Person" means an individual, firm, association, copartnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever.
(5) "Phosphorus" means elemental phosphorus.
[ 2020 c 20 s 1243; 1993 c 118 s 2. Formerly RCW 70.95L.010.]