title: RCW 70A.305.050

text:
(1) With respect to any release, or threatened release, for which the department does not conduct or contract for conducting remedial action and for which the department believes remedial action is in the public interest, the director must issue orders or agreed orders requiring potentially liable persons to provide the remedial action. Any liable person, or prospective purchaser who has entered into an agreed order under RCW 70A.305.040(6), who refuses, without sufficient cause, to comply with an order or agreed order of the director is liable in an action brought by the attorney general for:
(a) Up to three times the amount of any costs incurred by the state as a result of the party's refusal to comply; and
(b) A civil penalty of up to twenty-five thousand dollars for each day the party refuses to comply.
The treble damages and civil penalty under this subsection apply to all recovery actions filed on or after March 1, 1989.
(2) Any person who incurs costs complying with an order issued under subsection (1) of this section may petition the department for reimbursement of those costs. If the department refuses to grant reimbursement, the person may within thirty days thereafter file suit and recover costs by proving that he or she was not a liable person under RCW 70A.305.040 and that the costs incurred were reasonable.
(3) The attorney general must seek, by filing an action if necessary, to recover the amounts spent by the department for investigative and remedial actions and orders, and agreed orders, including amounts spent prior to March 1, 1989.
(4) The attorney general may bring an action to secure such relief as is necessary to protect human health and the environment under this chapter.
(5)(a) Any person may commence a civil action to compel the department to perform any nondiscretionary duty under this chapter. At least thirty days before commencing the action, the person must give notice of intent to sue, unless a substantial endangerment exists. The court may award attorneys' fees and other costs to the prevailing party in the action.
(b) Civil actions under this section and RCW 70A.305.070 may be brought in the superior court of Thurston county or of the county in which the release or threatened release exists.
(6) Any person who fails to provide notification of releases consistent with RCW 70A.305.110 or who submits false information is liable in an action brought by the attorney general for a civil penalty of up to five thousand dollars per day for each day the party refuses to comply.
(7) Any person who owns real property or lender holding a mortgage on real property that is subject to a lien filed under RCW 70A.305.060 may petition the department to have the lien removed or the amount of the lien reduced. If, after consideration of the petition and the information supporting the petition, the department decides to deny the request, the person may, within ninety days after receipt of the department's denial, file suit for removal or reduction of the lien. The person is entitled to removal of a lien filed under RCW 70A.305.060(2)(a) if they can prove by a preponderance of the evidence that the person is not a liable party under RCW 70A.305.040. The person is entitled to a reduction of the amount of the lien if they can prove by a preponderance of the evidence:
(a) For liens filed under RCW 70A.305.060(2)(a), the amount of the lien exceeds the remedial action costs the department incurred related to cleanup of the real property; and
(b) For liens filed under RCW 70A.305.060(2)(c), the amount of the lien exceeds the remedial action costs the department incurred related to cleanup of the real property or exceeds the increase of the fair market value of the real property solely attributable to the remedial action conducted by the department.
(8) The expenditure of moneys under the model toxics control operating, capital, and stormwater accounts created in RCW 70A.305.180 through 70A.305.200 does not alter the liability of any person under this chapter, or the authority of the department under this chapter, including the authority to recover those moneys.
[ 2020 c 20 s 1309; 2019 c 422 s 402; 2013 2nd sp.s. c 1 s 8; 2005 c 211 s 2; 2002 c 288 s 4; 1994 c 257 s 12; 1989 c 2 s 5 (Initiative Measure No. 97, approved November 8, 1988). Formerly RCW 70.105D.050.]
Notes:
Effective date—Intent—2019 c 422: See notes following RCW 82.21.010.
Findings—Intent—Effective date—2013 2nd sp.s. c 1: See notes following RCW 70A.305.020.
Effective date—2002 c 288 ss 2-4: See note following RCW 70A.305.110.
Severability—2002 c 288: See note following RCW 70A.305.010.
Severability—1994 c 257: See note following RCW 36.70A.270.

catchline: Enforcement.


doc_type: statute

jurisdiction: wa

title: RCW 70A.305.060

text:
(1) It is in the public interest for the department to recover remedial action costs incurred in discharging its responsibility under this chapter, as these recovered funds can then be applied to the cleanup of other facilities. Thus, in addition to other cost-recovery mechanisms provided under this chapter, this section is intended to facilitate the recovery of state funds spent on remedial actions by providing the department with lien authority. This will also prevent a facility owner or mortgagee from gaining a financial windfall from increased land value resulting from department-conducted remedial actions at the expense of the state taxpayers.
(2) If the state of Washington incurs remedial action costs relating to a remedial action of real property, and those remedial action costs are unrecovered by the state of Washington, the department may file a lien against that real property.
(a) Except as provided in (c) of this subsection, liens filed under this section shall have priority in rank over all other privileges, liens, monetary encumbrances, or other security interests affecting the real property, whenever incurred, filed, or recorded, except for the following liens:
(i) Local and special district property tax assessments; and
(ii) Mortgage liens recorded before liens or notices of intent to conduct remedial actions are recorded under this section.
(b) Liens filed pursuant to (a) and (c) of this subsection shall not exceed the remedial action costs incurred by the state.
(c)(i) If the real property for which the department has incurred remedial action costs is abandoned, the department may choose to limit the amount of the lien to the increase in the fair market value of the real property that is attributable to a remedial action conducted by the department. The increase in fair market value shall be determined by subtracting the county assessor's value of the real property for the most recent year prior to remedial action being initiated from the value of the real property after remedial action. The value of the real property after remedial action shall be determined by the bona fide purchase price of the real property or by a real estate appraiser retained by the department. Liens limited in this way have priority in rank over all other privileges, liens, monetary encumbrances, or other security interests affecting the real property, whenever incurred, filed, or recorded.
(ii) For the purposes of this subsection, "abandoned" means there has not been significant business activity on the real property for three years or property taxes owed on the real property are three years in arrears prior to the department incurring costs attributable to this lien.
(d) The department shall, when notifying potentially liable persons of their potential liability under RCW 70A.305.040, include a notice stating that if the department incurs remedial action costs relating to the remediation of real property and the costs are not recovered by the department, the department may file a lien against that real property under this section.
(e) Except for emergency remedial actions, the department must provide notice to the following persons before initiating remedial actions conducted by persons under contract to the department on real property on which a lien may be filed under this section:
(i) The real property owner;
(ii) Mortgagees;
(iii) Lienholders of record;
(iv) Persons known to the department to be conducting remedial actions at the facility at the time of such notice; and
(v) Persons known to the department to be under contract to conduct remedial actions at the facility at the time of such notice.
For emergency remedial actions, this notice shall be provided within thirty days after initiation of the emergency remedial actions.
(f) The department may record a copy of the notice in (e) of this subsection, along with a legal description of the property on which the remedial action will take place, with the county auditor in the county where the real property is located. If the department subsequently files a lien, the effective date of the lien will be the date this notice was recorded.
(3) Before filing a lien under this section, the department shall give the owner of real property on which the lien is to be filed and mortgagees and lienholders of record a notice of its intent to file a lien:
(a) The notice required under this subsection (3) must be sent by certified mail to the real property owner and mortgagees of record at the addresses listed in the recorded documents. If the real property owner is unknown or if a mailed notice is returned as undeliverable, the department shall provide notice by posting a legal notice in the newspaper of largest circulation in the county in which the site is located. The notice shall provide:
(i) A statement of the purpose of the lien;
(ii) A brief description of the real property to be affected by the lien;
(iii) A statement of the remedial action costs incurred by the state related to the real property affected by the lien;
(iv) A brief statement of facts showing probable cause that the real property is the subject of the remedial action costs incurred by the department; and
(v) The time period following service or other notice during which any recipient of the notice whose legal rights may be affected by the lien may comment on the notice.
(b) Any comments on the notice must be received by the department on or before thirty days following service or other provision of the notice of intent to file a lien.
(c) If no comments are received by the department, the lien may be filed on the real property immediately.
(d) If the department receives any comments on the lien, the department shall determine if there is probable cause for filing the certificate of lien. If the department determines there is probable cause, the department may file the lien. Any further challenge to the lien may only occur at the times specified under RCW 70A.305.070.
(e) If the department has reason to believe that exigent circumstances require the filing of a lien prior to giving notice under this subsection (3), or prior to the expiration of the time period for comments, the department may file the lien immediately. For the purposes of this subsection (3), exigent circumstances include, but are not limited to, an imminent bankruptcy filing by the real property owner, or the imminent transfer or sale of the real property subject to lien by the real property owner, or both.
(4) A lien filed under this section is effective when a statement of lien is filed with the county auditor in the county where the real property is located. The statement of lien must include a description of the real property subject to lien and the amount of the lien.
(5) Unless the department determines it is in the public interest to remove the lien, the lien continues until the liability for the remedial action costs have been satisfied through sale of the real property, foreclosure, or other means agreed to by the department. Any action for foreclosure of the lien shall be brought by the attorney general in a civil action in the court having jurisdiction and in the manner prescribed for the judicial foreclosure of a mortgage.
(6)(a) This section does not apply to real property owned by a local government or special purpose district or real property used solely for residential purposes and consisting of four residential units or less at the time the lien is recorded. This limitation does not apply to illegal drug manufacturing and storage sites under chapter 64.44 RCW.
(b) If the real property owner has consented to the department filing a lien on the real property, then only subsection (3)(a)(i) through (iii) of this section requiring notice to mortgagees and lienholders of record apply.
[ 2020 c 20 s 1310; 2005 c 211 s 1. Formerly RCW 70.105D.055.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Lien authority.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 70A.305.070

text:
The department's investigative and remedial decisions under RCW 70A.305.030 and 70A.305.050, its decisions regarding filing a lien under RCW 70A.305.060, and its decisions regarding liable persons under RCW 70A.305.020, 70A.305.040, 70A.305.050, and 70A.305.060 shall be reviewable exclusively in superior court and only at the following times: (1) In a cost recovery suit under RCW 70A.305.050(3); (2) in a suit by the department to enforce an order or an agreed order, or seek a civil penalty under this chapter; (3) in a suit for reimbursement under RCW 70A.305.050(2); (4) in a suit by the department to compel investigative or remedial action; (5) in a citizen's suit under RCW 70A.305.050(5); and (6) in a suit for removal or reduction of a lien under RCW 70A.305.050(7). Except in suits for reduction or removal of a lien under RCW 70A.305.050(7), the court shall uphold the department's actions unless they were arbitrary and capricious. In suits for reduction or removal of a lien under RCW 70A.305.050(7), the court shall review such suits pursuant to the standards set forth in RCW 70A.305.050(7).
[ 2020 c 20 s 1311; 2007 c 104 s 20; 2005 c 211 s 3; 1994 c 257 s 13; 1989 c 2 s 6 (Initiative Measure No. 97, approved November 8, 1988). Formerly RCW 70.105D.060.]
Notes:
Application—Construction—2007 c 104: See RCW 64.70.015.
Severability—1994 c 257: See note following RCW 36.70A.270.

catchline: Timing of review.


title: RCW 70A.305.080

text:
Except as provided in RCW 70A.305.040(4) (d) and (f), a person may bring a private right of action, including a claim for contribution or for declaratory relief, against any other person liable under RCW 70A.305.040 for the recovery of remedial action costs. In the action, natural resource damages paid to the state under this chapter may also be recovered. Recovery shall be based on such equitable factors as the court determines are appropriate. Remedial action costs shall include reasonable attorneys' fees and expenses. Recovery of remedial action costs shall be limited to those remedial actions that, when evaluated as a whole, are the substantial equivalent of a department-conducted or department-supervised remedial action. Substantial equivalence shall be determined by the court with reference to the rules adopted by the department under this chapter. An action under this section may be brought after remedial action costs are incurred but must be brought within three years from the date remedial action confirms cleanup standards are met or within one year of May 12, 1993, whichever is later. The prevailing party in such an action shall recover its reasonable attorneys' fees and costs. This section applies to all causes of action regardless of when the cause of action may have arisen. To the extent a cause of action has arisen prior to May 12, 1993, this section applies retroactively, but in all other respects it applies prospectively.
[ 2020 c 20 s 1312; 1997 c 406 s 6; 1993 c 326 s 1. Formerly RCW 70.105D.080.]
Notes:
Effective date—1993 c 326: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [May 12, 1993]." [ 1993 c 326 s 2.]
Severability—1993 c 326: "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." [ 1993 c 326 s 3.]

catchline: Private right of action—Remedial action costs.


title: RCW 70A.305.090

text:
(1) A person conducting a remedial action at a facility under a consent decree, order, or agreed order, and the department when it conducts a remedial action, are exempt from the procedural requirements of chapters 70A.15, 70A.205, 70A.300, 77.55, 90.48, and 90.58 RCW, and the procedural requirements of any laws requiring or authorizing local government permits or approvals for the remedial action. The department shall ensure compliance with the substantive provisions of chapters 70A.15, 70A.205, 70A.300, 77.55, 90.48, and 90.58 RCW, and the substantive provisions of any laws requiring or authorizing local government permits of approvals. The department shall establish procedures for ensuring that such remedial actions comply with the substantive requirements adopted pursuant to such laws, and shall consult with the state agencies and local governments charged with implementing these laws. The procedures shall provide an opportunity for comment by the public and by the state agencies and local governments that would otherwise implement the laws referenced in this section. Nothing in this section is intended to prohibit implementing agencies from charging a fee to the person conducting the remedial action to defray the costs of services rendered relating to the substantive requirements for the remedial action.
(2) An exemption in this section or in RCW 70A.15.3020, 70A.205.235, 70A.300.200, 77.55.061, 90.48.039, and 90.58.355 shall not apply if the department determines that the exemption would result in loss of approval from a federal agency necessary for the state to administer any federal law, including the federal resource conservation and recovery act, the federal clean water act, the federal clean air act, and the federal coastal zone management act. Such a determination by the department shall not affect the applicability of the exemptions to other statutes specified in this section.
[ 2020 c 20 s 1313; 2003 c 39 s 30; 1994 c 257 s 14. Formerly RCW 70.105D.090.]
Notes:
Severability—1994 c 257: See note following RCW 36.70A.270.

catchline: Remedial actions—Exemption from procedural requirements.


title: RCW 70A.305.100

text:
In providing grants to local governments, the department shall require grant recipients to incorporate the environmental benefits of the project into their grant applications, and the department shall utilize the statement of environmental benefit[s] in its prioritization and selection process. The department shall also develop appropriate outcome-focused performance measures to be used both for management and performance assessment of the grant program. To the extent possible, the department should coordinate its performance measure system with other natural resource-related agencies as defined in RCW 43.41.270. The department shall consult with affected interest groups in implementing this section.
[ 2001 c 227 s 5. Formerly RCW 70.105D.100.]
Notes:
Findings—Intent—2001 c 227: See note following RCW 43.41.270.

catchline: Grants to local governments—Statement of environmental benefits—Development of outcome-focused performance measures.


title: RCW 70A.305.110

text:
(1) Except as provided in subsection (5) of this section, any owner or operator of a facility that is actively transitioning from operating under a federal permit for treatment, storage, or disposal of hazardous waste issued under 42 U.S.C. Sec. 6925 to operating under the provisions of this chapter, who has information that a hazardous substance has been released to the environment at the owner or operator's facility that may be a threat to human health or the environment, shall issue a notice to the department within ninety days. The notice shall include a description of any remedial actions planned, completed, or underway.
(2) The notice must be posted in a visible, publicly accessible location on the facility, to remain in place until all remedial actions except confirmational monitoring are complete.
(3) After receiving the notice from the facility, the department must review the notice and mail a summary of its contents, along with any additional information deemed appropriate by the department, to:
(a) Each residence and landowner of a residence whose property boundary is within three hundred feet of the boundary of the property where the release occurred or if the release occurred from a pipeline or other facility that does not have a property boundary, within three hundred feet of the actual release;
(b) Each business and landowner of a business whose property boundary is within three hundred feet of the boundary of the property where the release occurred;
(c) Each residence, landowner of a residence, and business with a property boundary within the area where hazardous substances have come to be located as a result of the release;
(d) Neighborhood associations and community organizations representing an area within one mile of the facility and recognized by the city or county with jurisdiction within this area;
(e) The city, county, and local health district with jurisdiction within the areas described in (a), (b), and (c) of this subsection; and
(f) The department of health.
(4) A notice produced by a facility shall provide the following information:
(a) The common name of any hazardous substances released and, if available, the chemical abstract service registry number of these substances;
(b) The address of the facility where the release occurred;
(c) The date the release was discovered;
(d) The cause and date of the release, if known;
(e) The remedial actions being taken or planned to address the release;
(f) The potential health and environmental effects of the hazardous substances released; and
(g) The name, address, and telephone number of a contact person at the facility where the release occurred.
(5) The following releases are exempt from the notification requirements in this section:
(a) Application of pesticides and fertilizers for their intended purposes and according to label instructions;
(b) The lawful and nonnegligent use of hazardous household substances by a natural person for personal or domestic purposes;
(c) The discharge of hazardous substances in compliance with permits issued under chapter 70A.15, 90.48, or 90.56 RCW;
(d) De minimis amounts of any hazardous substance leaked or discharged onto the ground;
(e) The discharge of hazardous substances to a permitted wastewater treatment facility or from a permitted wastewater collection system or treatment facility as allowed by a facility's discharge permit;
(f) Any releases originating from a single-family or multifamily residence, including but not limited to the discharge of oil from a residential home heating oil tank with the capacity of five hundred gallons or less;
(g) Any spill on a public road, street, or highway or to surface waters of the state that has previously been reported to the United States coast guard and the state division of emergency management under chapter 90.56 RCW;
(h) Any release of hazardous substances to the air;
(i) Any release that occurs on agricultural land, including land used to grow trees for the commercial production of wood or wood fiber, that is at least five acres in size, when the effects of the release do not come within three hundred feet of any property boundary. For the purposes of this subsection, agricultural land includes incidental uses that are compatible with agricultural or silvicultural purposes, including, but not limited to, land used for the housing of the owner, operator, or employees, structures used for the storage or repair of equipment, machinery, and chemicals, and any paths or roads on the land; and
(j) Releases that, before January 1, 2003, have been previously reported to the department, or remediated in compliance with a settlement agreement under RCW 70A.305.040(4) or enforcement order or agreed order issued under this chapter or have been the subject of an opinion from the department under RCW 70A.305.170 that no further remedial action is required.
An exemption from the notification requirements of this section does not exempt the owner or operator of a facility from any other notification or reporting requirements, or imply a release from liability under this chapter.
(6) If a significant segment of the community to be notified speaks a language other than English, an appropriate translation of the notice must also be posted and mailed to the department in accordance with the requirements of this section.
(7) The facility where the release occurred is responsible for reimbursing the department within thirty days for the actual costs associated with the production and mailing of the notices under this section.
[ 2020 c 20 s 1314; 2019 c 95 s 5; 2002 c 288 s 2. Formerly RCW 70A.305.170.]
Notes:
Intent—2019 c 95: See note following RCW 70A.305.170.
Effective date—2002 c 288 ss 2-4: "Sections 2 through 4 of this act take effect January 1, 2003." [ 2002 c 288 s 6.]
Severability—2002 c 288: See note following RCW 70A.305.010.

catchline: Releases of hazardous substances—Notice—Exemptions.


title: RCW 70A.305.120

text:
When administering funds under this chapter, the department shall give preference only to Puget Sound partners, as defined in RCW 90.71.010, in comparison to other entities that are eligible to be included in the definition of Puget Sound partner. Entities that are not eligible to be a Puget Sound partner due to geographic location, composition, exclusion from the scope of the Puget Sound action agenda developed by the Puget Sound partnership under RCW 90.71.310, or for any other reason, shall not be given less preferential treatment than Puget Sound partners.
[ 2007 c 341 s 31. Formerly RCW 70.105D.120.]
Notes:
Effective date—2007 c 341: See RCW 90.71.907.

catchline: Puget Sound partners.


title: RCW 70A.305.130

text:
(1) The cleanup settlement account is created in the state treasury. The account is not intended to replace the model toxics control capital account established under RCW 70A.305.190. All receipts from the sources identified in subsection (2) of this section must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only as identified in subsection (4) of this section.
(2) The following receipts must be deposited into the cleanup settlement account:
(a) Receipts from settlements or court orders that direct payment to the account and resolve a person's liability or potential liability under this chapter for either or both of the following:
(i) Conducting future remedial action at a specific facility, if it is not feasible to require the person to conduct the remedial action based on the person's financial insolvency, limited ability to pay, or insignificant contribution under RCW 70A.305.040(4)(a);
(ii) Assessing or addressing the injury to natural resources caused by the release of a hazardous substance from a specific facility; and
(b) Receipts from investment of the moneys in the account.
(3) If a settlement or court order does not direct payment of receipts described in subsection (2)(a) of this section into the cleanup settlement account, then the receipts from any payment to the state must be deposited into the model toxics control capital account.
(4) Expenditures from the cleanup settlement account may only be used to conduct remedial actions at the specific facility or to assess or address the injury to natural resources caused by the release of hazardous substances from that facility for which the moneys were deposited in the account. Conducting remedial actions or assessing or addressing injury to natural resources includes direct expenditures and indirect expenditures such as department oversight costs. During the 2009-2011 fiscal biennium, the legislature may transfer excess fund balances in the account into the *state efficiency and restructuring account. Transfers of excess fund balances made under this section may be made only to the extent amounts transferred with required repayments do not impair the ten-year spending plan administered by the department of ecology for environmental remedial actions dedicated for any designated clean-up site associated with the Everett smelter and Tacoma smelter, including plumes, or former Asarco mine sites. The cleanup settlement account must be repaid with interest under provisions of the *state efficiency and restructuring account.
(5) The department must track moneys received, interest earned, and moneys expended separately for each facility.
(6) After the department determines that all remedial actions at a specific facility, and all actions assessing or addressing injury to natural resources caused by the release of hazardous substances from that facility, are completed, including payment of all related costs, any moneys remaining for the specific facility must be transferred to the model toxics control capital account established under RCW 70A.305.190.
(7) The department must provide the office of financial management and the fiscal committees of the legislature with a report by October 31st of each year regarding the activity within the cleanup settlement account during the previous fiscal year.
[ 2020 c 20 s 1315; 2019 c 422 s 413; 2010 1st sp.s. c 37 s 947; 2008 c 106 s 1. Formerly RCW 70.105D.130.]
Notes:
*Reviser's note: The "state efficiency and restructuring account," RCW 43.79.515, was repealed by 2024 c 168 s 2.
Effective date—Intent—2019 c 422: See notes following RCW 82.21.010.
Effective date—2010 1st sp.s. c 37: See note following RCW 13.06.050.

catchline: Cleanup settlement account—Reporting requirements.


title: RCW 70A.305.150

text:
(1) A city or county may designate a geographic area within its jurisdiction as a redevelopment opportunity zone if the zone meets the criteria in this subsection and the city or county adopts a resolution that includes the following determinations and commitments:
(a) At least fifty percent of the upland properties in the zone are brownfield properties whether or not the properties are contiguous;
(b) The upland portions of the zone are comprised entirely of parcels of property either owned by the city or county or whose owner has provided consent in writing to have their property included within the zone;
(c) The cleanup of brownfield properties will be integrated with planning for the future uses of the properties and is consistent with the comprehensive land use plan for the zone; and
(d) The proposed properties lie within the incorporated area of a city or within an urban growth area designated under RCW 36.70A.110.
(2) A port district may designate a redevelopment opportunity zone when:
(a) The port district adopts a resolution that includes the determinations and commitments required under subsection (1)(a), (c), and (d) of this section and (c) of this subsection;
(b) The zone meets the criteria in subsection (1)(a), (c), and (d) of this section; and
(c) The port district either:
(i) Owns in fee all of the upland properties within the zone; or
(ii) Owns in fee at least fifty percent of the upland property in the zone, the owners of other parcels of upland property in the zone have provided consent in writing to have their property included in the zone, and the governing body of the city and county in which the zone lies approves of the designation by resolution.
[ 2013 2nd sp.s. c 1 s 4. Formerly RCW 70.105D.150.]
Notes:
Findings—Intent—Effective date—2013 2nd sp.s. c 1: See notes following RCW 70A.305.020.

catchline: Designation of a redevelopment opportunity zone—Criteria.


title: RCW 70A.305.160

text:
(1) A city, county, or port district may establish by resolution a brownfield renewal authority for the purpose of guiding and implementing the cleanup and reuse of properties within a designated redevelopment opportunity zone. Any combination of cities, counties, and port districts may establish a brownfield renewal authority through an interlocal agreement under chapter 39.34 RCW, and the brownfield renewal authority may exercise those powers as are authorized under chapter 39.34 RCW and under this chapter.
(2) A brownfield renewal authority must be governed by a board of directors selected as determined by the resolution or interlocal agreement establishing the authority.
(3) A brownfield renewal authority must be a separate legal entity and be deemed a municipal corporation. It has the power to: Sue and be sued; receive, account for, and disburse funds; employ personnel; and acquire or dispose of any interest in real or personal property within a redevelopment opportunity zone in the furtherance of the authority purposes. A brownfield renewal authority has the power to contract indebtedness and to issue and sell general obligation bonds pursuant to and in the manner provided for general county bonds in chapters 36.67 and 39.46 RCW and other applicable statutes, and to issue revenue bonds pursuant to and in the manner provided for revenue bonds in chapter 36.67 RCW and other applicable statutes.
(4) If the department determines that substantial progress has not been made on the plan approved under *RCW 70A.305.140 by the brownfield renewal authority within six years of a city, county, or port district establishing a brownfield renewal authority, the department may require dissolution of the brownfield renewal authority. Upon dissolution of the brownfield renewal authority, except as provided in *RCW 70A.305.140, all assets and liabilities transfer to the city, town, or port district establishing the brownfield renewal authority.
[ 2020 c 20 s 1317; 2013 2nd sp.s. c 1 s 5. Formerly RCW 70.105D.160.]
Notes:
*Reviser's note: RCW 70A.305.140 was repealed by 2024 c 168 s 2.
Findings—Intent—Effective date—2013 2nd sp.s. c 1: See notes following RCW 70A.305.020.

catchline: Brownfield renewal authority.


title: RCW 70A.305.170

text:
(1) The department may establish a program to provide informal advice and assistance on the administrative and technical requirements of this chapter to persons who are conducting or otherwise interested in conducting independent remedial actions at facilities where there is a suspected or confirmed release of hazardous substances.
(a) Any advice or assistance is advisory only and is not binding on the department.
(b) As part of this advice and assistance, the department may provide written opinions on whether the independent remedial actions or proposals for those actions meet the substantive requirements of this chapter or whether the department believes further remedial action is necessary at the facility.
(c) Nothing in this chapter may be construed to preclude the department from issuing a written opinion on whether further remedial action is necessary at any portion of the real property located within a facility, even if further remedial action is still necessary elsewhere at the same facility. A written opinion on a portion of a facility must also provide an opinion on the status of the facility as a whole.
(2) The department may collect, from persons requesting advice and assistance under the program, all costs incurred by the department in providing advice and assistance.
(a) To collect its costs, the department may use either a cost recovery structure or a fee structure, or both.
(i) A fee structure may include either a single fee or a series of fees for individual services.
(ii) The department may calculate fees based on the complexity of the contaminated site and other site-specific factors determined by the department.
(iii) The department may establish a separate fee and cost recovery structure for providing expedited advice and assistance under subsection (3) of this section.
(b) The department may waive collection of costs if the person requesting technical advice and assistance under the program commits to remediate contaminated real property for development of affordable housing, as determined by the department. Prior to waiving costs, the department must consider the requestor's ability to pay and the potential public benefit of the development. To ensure the real property is used for affordable housing, the department may file a lien against the real property pursuant to RCW 70A.305.060, require the person to record an interest in the real property in accordance with RCW 64.04.130, or use other means deemed by the department to be no less protective of the affordable housing use and the interests of the department.
(c) Except when providing expedited advice and assistance under subsection (3) of this section, the department may also waive collection of costs:
(i) For providing technical assistance in support of public participation;
(ii) For providing written opinions on a cleanup that qualifies for and appropriately uses a model remedy; or
(iii) Based on a person's ability to pay. If costs are waived, the department may file a lien against the real property for which the department has incurred the costs pursuant to RCW 70A.305.060.
(3) The department may offer an expedited process for providing informal advice and assistance under the program. Except as provided under subsection (2)(b) of this section, the department must collect, from persons requesting expedited advice and assistance, all costs incurred by the department in providing the advice and assistance. The department may establish conditions for requesting expedited advice and assistance.
(4) The department may adopt rules to implement the program. To ensure that the adoption of rules will not delay the implementation of independent remedial actions, the department may implement the cost waiver and expedited process specified in subsections (2)(b) and (3) of this section through interpretive guidance pending adoption of rules.
(5) The department must track the number of requests for reviews of planned or completed independent remedial actions under the program and establish performance measures to track how quickly the department is able to respond to those requests. The department's tracking system must include a category for tracking the length of time that elapses between the submission of a request for expedited advice and assistance on an independent remedial action at a facility under subsection (3) of this section and the issuance of a letter on the sufficiency of the cleanup at the facility.
(6) The state, the department, and officers and employees of the state are immune from all liability, and no cause of action of any nature may arise from any act or omission in providing, or failing to provide, informal advice and assistance under the program.
(7) The voluntary cleanup account is created in the state treasury. All receipts from the fees collected and costs recovered under the expedited process in subsection (3) of this section must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only to support the expedited process in subsection (3) of this section. If the department suspends the expedited process, any moneys remaining in the account may be used to carry out the purposes of the program. The account must retain its interest earnings in accordance with RCW 43.84.092.
[ 2020 c 20 s 1318; 2019 c 95 s 2. Formerly RCW 70.105D.180.]
Notes:
Intent—2019 c 95: "Cleaning up and redeveloping contaminated properties is essential to the health and economic prosperity of our communities. Most cleanups are performed voluntarily by property owners and are driven by the sale or redevelopment of the properties. Many of these property owners request written opinions on the sufficiency of their voluntary cleanups from the department of ecology. Buyers and lenders often require these opinions when property owners sell or redevelop contaminated properties. Providing expedited reviews of voluntary cleanups would encourage and expedite more cleanup and redevelopment projects. It is the intent of the legislature to support the cleanup and redevelopment of contaminated properties in our communities by providing the department of ecology with the additional tools and resources necessary for conducting expedited reviews of voluntary cleanups.
The availability of affordable housing is of vital importance to the health, safety, and welfare of the residents of the state. It is in the public interest to facilitate the cleanup and redevelopment of contaminated and underutilized properties within our communities for affordable housing. It is the intent of the legislature to encourage voluntary cleanups of these properties for affordable housing development by waiving the department of ecology's costs of reviewing voluntary cleanups." [ 2019 c 95 s 1.]

catchline: Establishment of program to provide informal advice and assistance—Collection of costs—Expedited process—Rules—Voluntary cleanup account.


title: RCW 70A.305.180

text:
(1) The model toxics control operating account is hereby created in the state treasury.
(2) Moneys in the model toxics control operating account must be used only to carry out the purposes of this chapter, including but not limited to the following:
(a) The state's responsibility for hazardous waste planning, management, regulation, enforcement, technical assistance, and public education required under chapter 70A.300 RCW;
(b) The state's responsibility for solid waste planning, management, regulation, enforcement, technical assistance, and public education required under chapter 70A.205 RCW;
(c) The hazardous waste clean-up program required under this chapter;
(d) State matching funds required under federal cleanup law;
(e) Financial assistance for local programs and plans, including local solid waste financial assistance, in accordance with chapters 70A.405, 70A.205, 70A.214, 70A.224, and 70A.300 RCW;
(f) State government programs for the safe reduction, recycling, or disposal of paint and hazardous wastes from households, small businesses, and agriculture;
(g) Oil and hazardous materials spill prevention, preparedness, training, and response activities;
(h) Water and environmental health protection and monitoring programs;
(i) Programs authorized under chapter 70A.135 RCW;
(j) A public participation program;
(k) Development and demonstration of alternative management technologies designed to carry out the hazardous waste management priorities of RCW 70A.300.260;
(l) State agriculture and health programs for the safe use, reduction, recycling, or disposal of pesticides;
(m) Funding requirements to maintain receipt of federal funds under the federal solid waste disposal act (42 U.S.C. Sec. 6901 et seq.);
(n) Air quality programs and actions for reducing public exposure to toxic air pollution;
(o) Petroleum-based plastic or expanded polystyrene foam debris clean-up activities in fresh or marine waters; and
(p) For the 2021-2023 fiscal biennium, and solely to continue the policy of previous biennia, forest practices at the department of natural resources.
(3) Except for unanticipated receipts under RCW 43.79.260 through 43.79.282, moneys in model toxics control operating account may be spent only after appropriation by statute.
(4) One percent of the moneys collected under RCW 82.21.030 must be allocated only for public participation grants to persons who may be adversely affected by a release or threatened release of a hazardous substance and to not-for-profit public interest organizations. The primary purpose of these grants is to facilitate the participation by persons and organizations in the investigation and remedying of releases or threatened releases of hazardous substances and to implement the state's solid and hazardous waste management priorities. No grant may exceed sixty thousand dollars. Grants may be renewed annually. Moneys appropriated for public participation that are not expended at the close of any biennium revert to the model toxics control operating account.
(5) The department must adopt rules for grant or loan issuance and performance.
(6) During the 2023-2025 and 2025-2027 fiscal biennia, the legislature may direct the state treasurer to make transfers of moneys in the model toxics control operating account to the state general fund.
[ 2025 c 424 s 977; 2023 c 475 s 940; 2021 c 334 s 988; 2020 c 20 s 1319; 2019 c 422 s 202. Formerly RCW 70.105D.190.]
Notes:
Effective date—2025 c 424: See note following RCW 9.46.100.
Effective date—2023 c 475: See note following RCW 16.76.030.
Conflict with federal requirements—Effective date—2021 c 334: See notes following RCW 43.79.555.
Effective date—Intent—2019 c 422: See notes following RCW 82.21.010.

catchline: Model toxics control operating account.


title: RCW 70A.305.190

text:
(1) The model toxics control capital account is hereby created in the state treasury.
(2) In addition to the funds deposited into the model toxics control capital account required under RCW 82.21.030, the following moneys must be deposited into the model toxics control capital account:
(a) The costs of remedial actions recovered under this chapter, except as provided under RCW 70A.305.170(7);
(b) Penalties collected or recovered under this chapter; and
(c) Any other money appropriated or transferred to the account by the legislature.
(3) Moneys in the model toxics control capital account must be used for the improvement, rehabilitation, remediation, and cleanup of toxic sites and other capital-related expenditures for programs and activities identified in subsection (4) of this section.
(4) Moneys in the model toxics control capital account may be used only for capital projects and activities that carry out the purposes of this chapter and for financial assistance to local governments or other persons to carry out those projects or activities, including but not limited to the following, generally in descending order of priority:
(a) Remedial actions, including the following generally in descending order of priority:
(i) Extended grant agreements entered into under subsection (5)(a) of this section;
(ii) Grants or loans to local governments for remedial actions, including planning for adaptive reuse of properties as provided for under subsection (5)(d) of this section. The department must prioritize funding of remedial actions at:
(A) Facilities on the department's hazardous sites list with a high hazard ranking for which there is an approved remedial action work plan or an equivalent document under federal cleanup law;
(B) Brownfield properties within a redevelopment opportunity zone if the local government is a prospective purchaser of the property and there is a department-approved remedial action work plan or equivalent document under the federal cleanup law;
(iii) Department-conducted remedial actions;
(iv) Grants to persons intending to remediate contaminated real property for development of affordable housing;
(v) Public funding to assist potentially liable persons to pay for the costs of remedial action in compliance with clean-up standards under RCW 70A.305.030(2)(e) if:
(A) The amount and terms of the funding are established under a settlement agreement under RCW 70A.305.040(4); and
(B) The director has found that the funding will achieve both a substantially more expeditious or enhanced cleanup than would otherwise occur, and the prevention or mitigation of unfair economic hardship;
(vi) Public funding to assist prospective purchasers to pay for the costs of remedial action in compliance with clean-up standards under RCW 70A.305.030(2)(e) if:
(A) The facility is located within a redevelopment opportunity zone designated under RCW 70A.305.150;
(B) The amount and terms of the funding are established under a settlement agreement under RCW 70A.305.040(5); and
(C) The director has found the funding will achieve a substantially more expeditious or enhanced cleanup than would otherwise occur, provide a public benefit in addition to cleanup commensurate with the scope of the public funding; and meet any additional criteria established in rule by the department; and
(vii) To expedite multiparty clean-up efforts, purchase of remedial action cost-cap insurance;
(b) Grants, or loans, or contracts to local governments for solid waste plans and programs under chapters 70A.205, 70A.214, 70A.224, 70A.222, 70A.230, and 70A.300 RCW. Funds must be allocated consistent with priorities and matching requirements in the respective chapters;
(c) Toxic air pollutant reduction programs, including grants or loans to local governments for woodstoves and diesel;
(d) Grants, loans, or contracts to local governments for hazardous waste plans and programs under chapters 70A.405 and 70A.300 RCW, including chemical action plan implementation. Funds must be allocated consistent with priorities and matching requirements in the respective chapters; and
(e) Petroleum-based plastic or expanded polystyrene foam debris clean-up activities in fresh or marine waters.
(5) The department may establish and administer a program to provide grants and loans to local governments for remedial actions, including planning for adaptive reuse of contaminated properties. To expedite cleanups throughout the state, the department may use the following strategies when providing grants to local governments under this subsection:
(a) Enter into an extended grant agreement with a local government conducting remedial actions at a facility where those actions extend over multiple biennia and the total eligible cost of those actions exceeds $20,000,000. The agreement is subject to the following limitations:
(i) The initial duration of such an agreement may not exceed 10 years. The department may extend the duration of such an agreement upon finding substantial progress has been made on remedial actions at the facility;
(ii) Extended grant agreements may not exceed 50 percent of the total eligible remedial action costs at the facility; and
(iii) The department may not allocate future funding to an extended grant agreement unless the local government has demonstrated to the department that funds awarded under the agreement during the previous biennium have been substantially expended or contracts have been entered into to substantially expend the funds;
(b) Enter into a grant agreement with a local government conducting a remedial action that provides for periodic reimbursement of remedial action costs as they are incurred as established in the agreement;
(c) Enter into a grant agreement with a local government prior to it acquiring a property or obtaining necessary access to conduct remedial actions, provided the agreement is conditioned upon the local government acquiring the property or obtaining the access in accordance with a schedule specified in the agreement;
(d) Provide integrated planning grants to local governments to fund studies necessary to facilitate remedial actions at brownfield properties and adaptive reuse of properties following remediation. Eligible activities include, but are not limited to: Environmental site assessments; remedial investigations; health assessments; feasibility studies; site planning; community involvement; land use and regulatory analyses; building and infrastructure assessments; economic and fiscal analyses; and any environmental analyses under chapter 43.21C RCW;
(e) Provide grants to local governments for remedial actions related to area-wide groundwater contamination. To receive the funding, the local government does not need to be a potentially liable person or be required to seek reimbursement of grant funds from a potentially liable person;
(f) The director may alter grant matching requirements to create incentives for local governments to expedite cleanups when one of the following conditions exists:
(i) Funding would prevent or mitigate unfair economic hardship imposed by the clean-up liability;
(ii) Funding would create new substantial economic development, public recreational opportunities, or habitat restoration opportunities that would not otherwise occur; or
(iii) Funding would create an opportunity for acquisition and redevelopment of brownfield property under RCW 70A.305.040(5) that would not otherwise occur; and
(g) When pending grant applications under subsection (4)(d) and (e) of this section exceed the amount of funds available, designated redevelopment opportunity zones must receive priority for distribution of available funds.
(6) Except for unanticipated receipts under RCW 43.79.260 through 43.79.282, moneys in model toxics control capital account may be spent only after appropriation by statute.
(7) The legislature finds that, in 2023, wildfires in Spokane and Pend Oreille counties resulted in a loss of approximately 366 homes as well as secondary buildings. The burning of these structures has resulted in a large toxic debris field containing asbestos, heavy metals, plastics, and fuel which are at risk of leaching into the soil and groundwater. During the 2023-2025 and 2025-2027 fiscal biennia, moneys in the model toxics control capital account may be used for financial assistance to local governments for the testing of hazardous materials, removal of debris, and remediation of soil necessary to support the rebuilding of communities impacted by these wildfires.
(8) During the 2025-2027 fiscal biennium, the legislature may direct the state treasurer to make transfers of moneys in the model toxics control capital account to the state general fund.
[ 2025 c 424 s 978; 2025 c 414 s 8049; 2024 c 375 s 8009; 2022 c 102 s 2; 2020 c 20 s 1320; 2019 c 422 s 203. Formerly RCW 70.105D.200.]
Notes:
Reviser's note: This section was amended by 2025 c 414 s 8049 and by 2025 c 424 s 978, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—2025 c 424: See note following RCW 9.46.100.
Effective date—2025 c 414: See note following RCW 79A.25.210.
Effective date—2024 c 375: See note following RCW 70A.65.305.
Findings—2022 c 102: "The legislature finds that:
(1) Remedial action grants are an effective means to assist a local government achieve toxic waste cleanup; and
(2) Requiring a local government to have all the necessary permits in hand prior to receiving remedial action grant funding has caused unintended delays in implementing projects." [ 2022 c 102 s 1.]
Effective date—Intent—2019 c 422: See notes following RCW 82.21.010.

catchline: Model toxics control capital account.


title: RCW 70A.305.200

text:
(1) The model toxics control stormwater account is hereby created in the state treasury.
(2) Moneys in the model toxics control stormwater account must be used for operating and capital programs, activities, and projects identified in subsection (3) of this section directly relating to stormwater pollution control.
(3) Moneys in the model toxics control stormwater account must be used only to carry out the operating and capital programs, activities, and projects directly relating to stormwater activities under RCW 70A.305.180 and 70A.305.190, including but not limited to the following:
(a) Stormwater pollution control projects and activities that protect or preserve existing remedial actions or prevent hazardous clean-up sites;
(b) Stormwater financial assistance to local governments that assist in compliance to the purposes of this chapter.
(4) Except for unanticipated receipts under RCW 43.79.260 through 43.79.282, moneys in the model toxics control stormwater account may be spent only after appropriation by statute.
[ 2020 c 20 s 1321; 2019 c 422 s 204. Formerly RCW 70.105D.210.]
Notes:
Effective date—Intent—2019 c 422: See notes following RCW 82.21.010.

catchline: Model toxics control stormwater account.


title: RCW 70A.305.900

text:
This act shall be known as "the model toxics control act."
[ 1989 c 2 s 22 (Initiative Measure No. 97, approved November 8, 1988). Formerly RCW 70.105D.900.]

catchline: Short title—1989 c 2.


title: RCW 70A.305.901

text:
As used in this act, captions constitute no part of the law.
[ 1989 c 2 s 21 (Initiative Measure No. 97, approved November 8, 1988). Formerly RCW 70.105D.905.]

catchline: Captions—1989 c 2.


title: RCW 70A.305.902

text:
The provisions of this act are to be liberally construed to effectuate the policies and purposes of this act. In the event of conflict between the provisions of this act and any other act, the provisions of this act shall govern.
[ 1989 c 2 s 19 (Initiative Measure No. 97, approved November 8, 1988). Formerly RCW 70.105D.910.]

catchline: Construction—1989 c 2.


title: RCW 70A.305.903

text:
The consent orders and decrees in effect on March 1, 1989, shall remain valid and binding.
[ 1989 c 2 s 20 (Initiative Measure No. 97, approved November 8, 1988). Formerly RCW 70.105D.915.]

catchline: Existing agreements—1989 c 2.


title: RCW 70A.305.904

text:
(1) Sections 1 through 24 of this act shall take effect March 1, 1989, except that the director of ecology and the director of revenue may take whatever actions may be necessary to ensure that sections 1 through 24 of this act are implemented on their effective date.
*(2) This section does not apply and shall have no force or effect if (a) this act is passed by the legislature in the 1988 regular session or (b) no bill is enacted by the legislature involving hazardous substance cleanup (along with any other subject matter) between August 15, 1987, and January 1, 1988.
[ 1989 c 2 s 26 (Initiative Measure No. 97, approved November 8, 1988). Formerly RCW 70.105D.920.]
Notes:
*Reviser's note: Neither condition contained in subsection (2) was met.

catchline: Effective date—1989 c 2.


title: RCW 70A.310.010

text:
The legislature finds that:
(1) The milling of uranium and thorium creates potential hazards to the health of the citizens of the state of Washington in that potentially hazardous radioactive isotopes, decay products of uranium and thorium, naturally occurring in relatively dispersed geologic formations, are brought to one location on the surface and pulverized in the process of mining and milling uranium and thorium.
(2) These radioactive isotopes, in addition to creating a field of gamma radiation in the vicinity of the tailings area, also exude potentially hazardous radioactive gas and particulates into the atmosphere from the tailings areas, and contaminate the milling facilities, thereby creating hazards which will be present for many generations.
(3) The public health and welfare of the citizens demands that the state assure that the public health be protected by requiring that: (a) Prior to the termination of any radioactive materials license, all milling facilities and associated tailings piles will be decommissioned in such a manner as to bring the potential public health hazard to a minimum; and (b) such environmental radiation monitoring as is necessary to verify the status of decommissioned facilities will be conducted.
[ 1979 ex.s. c 110 s 1. Formerly RCW 70.121.010.]
Notes:
Effective date—1979 ex.s. c 110: "This act shall take effect on January 1, 1980." [ 1979 ex.s. c 110 s 18.]

catchline: Legislative findings.


title: RCW 70A.310.020

text:
Unless the context clearly requires a different meaning, the definitions in this section apply throughout this chapter.
(1) "Department" means the department of health.
(2) "License" means a radioactive materials license issued under chapter 70A.388 RCW and the rules adopted under chapter 70A.388 RCW.
(3) "Milling" means grinding, cutting, working, or concentrating ore which has been extracted from the earth by mechanical (conventional) or chemical (in situ) processes.
(4) "Obligor-licensee" means any person who obtains a license to operate a uranium or thorium mill in the state of Washington or any person who owns the property on which the mill operates and who owes money to the state for the licensing fee, for reclamation of the site, for perpetual surveillance and maintenance of the site, or for any other obligation owed the state under this chapter.
(5) "Secretary" means the secretary of health.
(6) "Site" means the restricted area as defined by the United States nuclear regulatory commission.
(7) "Statement of claim" means the document recorded or filed pursuant to this chapter, which names an obligor-licensee, names the state as obligee, describes the obligation owed to the state, and describes property owned by the obligor-licensee on which a lien will attach for the benefit of the state, and which creates the lien when filed.
(8) "Tailings" means the residue remaining after extraction of uranium or thorium from the ore whether or not the residue is left in piles, but shall not include ore bodies nor ore stock piles.
(9) "Termination of license" means the cancellation of the license after permanent cessation of operations. Temporary interruptions or suspensions of production due to economic or other conditions are not a permanent cessation of operations.
[ 2020 c 20 s 1368; 1991 c 3 s 372; 1987 c 184 s 1; 1982 c 78 s 1; 1979 ex.s. c 110 s 2. Formerly RCW 70.121.020.]
Notes:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Effective date—1979 ex.s. c 110: See note following RCW 70A.310.010.

catchline: Definitions.


title: RCW 70A.310.030

text:
(1) Any person who proposes to operate a uranium or thorium mill within the state of Washington after January 1, 1980, shall obtain a license from the department to mill thorium and uranium. The period of the license shall be determined by the secretary and shall be initially valid for not more than two years and renewable thereafter for periods of not more than five years. No license may be granted unless:
(a) The owner or operator of the mill submits to the department a plan for reclamation and disposal of tailings and for decommissioning the site that conforms to the criteria and standards then in effect for the protection of the public safety and health; and
(b) The owner of the mill agrees to transfer or revert to the appropriate state or federal agency upon termination of the license all lands, buildings, and grounds, and any interests therein, necessary to fulfill the purposes of this chapter except where the lands are held in trust for or are owned by any Indian tribe.
(2) Any person operating a uranium or thorium mill on January 1, 1980, shall, at the time of application for renewal of his or her license to mill thorium or uranium, comply with the following conditions for continued operation of the mill:
(a) The owner or operator of the mill shall submit to the department a plan for reclamation and disposal of tailings and for decommissioning the site that conforms to the criteria and standards then in effect for the protection of the public safety and health; and
(b) The owner of the mill shall agree to transfer or revert to the appropriate state or federal agency upon termination of the license all lands, buildings, and grounds, and any interests therein, necessary to fulfill the purposes of this chapter except where the lands are held in trust for or are owned by any Indian tribe.
(3) The department shall, after public notice and opportunity for written comment, hold a public hearing to consider the adequacy of the proposed plan to protect the safety and health of the public required by subsections (1) and (2) of this section. The proceedings shall be recorded and transcribed. The public hearing shall provide the opportunity for cross-examination by both the department and the person proposing the plan required under this section. The department shall make a written determination as to the licensing of the mill which is based upon the findings included in the determination and upon the evidence presented during the public comment period. The determination is subject to judicial review. If a declaration of nonsignificance is issued for a license renewal application under rules adopted under chapter 43.21C RCW, the public hearing is not required.
(4) The department shall set a schedule of license and amendment fees predicated on the cost of reviewing the license application and of monitoring for compliance with the conditions of the license. A permit for construction of a uranium or thorium mill may be granted by the secretary prior to licensing.
[ 2012 c 117 s 427; 1979 ex.s. c 110 s 3. Formerly RCW 70.121.030.]
Notes:
Effective date—1979 ex.s. c 110: See note following RCW 70A.310.010.

catchline: Licenses—Renewal—Hearings.


title: RCW 70A.310.040

text:
The secretary or his or her representative shall monitor the operations of the mill for compliance with the conditions of the license by the owner or operator. The mill owner or operator shall be responsible for compliance, both during the lifetime of the facility and at shutdown, including but not limited to such requirements as fencing and posting the site; contouring, covering, and stabilizing the pile; and for decommissioning the facility.
[ 2012 c 117 s 428; 1979 ex.s. c 110 s 4. Formerly RCW 70.121.040.]
Notes:
Effective date—1979 ex.s. c 110: See note following RCW 70A.310.010.

catchline: Facility operations and decommissioning—Monitoring.


title: RCW 70A.310.050

text:
On a quarterly basis on and after January 1, 1980, there shall be levied and the department shall collect a charge of five cents per pound on each pound of uranium or thorium compound milled out of the raw ore. All moneys paid to the department from these charges shall be deposited in a special security fund in the treasury of the state of Washington to be known as the "radiation perpetual maintenance fund." This security fund shall be used by the department when a licensee has ceased to operate and the site may still contain, or have associated with the site at which the licensed activity was conducted in spite of full compliance with RCW 70A.310.030, radioactive material which will require further maintenance, surveillance, or other care. If, with respect to a licensee, the department determines that the estimated total of these charges will be less than or greater than that required to defray the estimated cost of administration of this responsibility, the department may prescribe such an increased or decreased charge as is considered necessary for this purpose. If, at termination of the license, the department determines that by the applicable standards and practices then in effect, the charges which have been collected from the licensee and earnings generated therefrom are in excess of the amount required to defray the cost of this responsibility, the department may refund the excess portion to the licensee. If, at termination of the license or cessation of operation, the department determines, by the applicable standards and practices then in effect, that the charges which have been collected from the licensee and earnings generated therefrom are together insufficient to defray the cost of this responsibility, the department may collect the excess portion from the licensee.
[ 2020 c 20 s 1369; 2012 c 187 s 8; 1987 c 184 s 2; 1979 ex.s. c 110 s 5. Formerly RCW 70.121.050.]
Notes:
Effective date—1979 ex.s. c 110: See note following RCW 70A.310.010.

catchline: Radiation perpetual maintenance fund—Licensee contributions—Disposition.


title: RCW 70A.310.060

text:
In order to provide for the proper care and surveillance of sites under RCW 70A.310.050, the state may acquire by gift or transfer from any government agency, corporation, partnership, or person, all lands, buildings, and grounds necessary to fulfill the purposes of this chapter. Any such gift or transfer shall be subject to approval by the department. In exercising the authority of this section, the department shall take into consideration the status of the ownership of the land and interests therein and the ability of the licensee to transfer title and custody thereof to the state.
[ 2020 c 20 s 1370; 1979 ex.s. c 110 s 6. Formerly RCW 70.121.060.]
Notes:
Effective date—1979 ex.s. c 110: See note following RCW 70A.310.010.

catchline: State authority to acquire property for surveillance sites.


title: RCW 70A.310.070

text:
Recognizing the uncertainty of the existence of a person or corporation in perpetuity, and recognizing that ultimate responsibility to protect the public health and safety must be reposed in a solvent government, without regard to the existence of any particular agency or department thereof, all lands, buildings, and grounds acquired by the state under RCW 70A.310.060 shall be owned in fee simple by the state and dedicated in perpetuity to the purposes stated in RCW 70A.310.060. All radioactive material received at a site and located therein at the time of acquisition of ownership by the state shall become the property of the state.
[ 2020 c 20 s 1371; 1979 ex.s. c 110 s 7. Formerly RCW 70.121.070.]
Notes:
Effective date—1979 ex.s. c 110: See note following RCW 70A.310.010.

catchline: Status of acquired state property for surveillance sites.


title: RCW 70A.310.080

text:
If a person licensed by any governmental agency other than the state or if any other governmental agency desires to transfer a site to the state for the purpose of administering or providing perpetual care, a lump sum payment shall be made to the radiation perpetual maintenance fund. The amount of the deposit shall be determined by the department taking into consideration the factors stated in RCW 70A.310.050.
[ 2020 c 20 s 1372; 1979 ex.s. c 110 s 8. Formerly RCW 70.121.080.]
Notes:
Effective date—1979 ex.s. c 110: See note following RCW 70A.310.010.

catchline: Payment for transferred sites for surveillance.


title: RCW 70A.310.090

text:
Each licensee under this chapter, as a condition of his or her license, shall submit to whatever reasonable on-site inspections and on-site monitoring as required in order for the department to carry out its responsibilities and duties under this chapter. Such on-site inspections and monitoring shall be conducted without the necessity of any further approval or any permit or warrant therefor.
[ 2012 c 117 s 429; 1979 ex.s. c 110 s 9. Formerly RCW 70.121.090.]
Notes:
Effective date—1979 ex.s. c 110: See note following RCW 70A.310.010.

catchline: Authority for on-site inspections and monitoring.


title: RCW 70A.310.100

text:
The secretary or the secretary's duly authorized representative shall require the posting of a bond by licensees to be used exclusively to provide funds in the event of abandonment, default, or other inability of the licensee to meet the requirements of the department. The secretary may establish bonding requirements by classes of licensees and by range of monetary amounts. In establishing these requirements, the secretary shall consider the potential for contamination, injury, cost of disposal, and reclamation of the property. The amount of the bond shall be sufficient to pay the costs of reclamation and perpetual maintenance.
[ 1987 c 184 s 5; 1979 ex.s. c 110 s 10. Formerly RCW 70.121.100.]
Notes:
Effective date—1979 ex.s. c 110: See note following RCW 70A.310.010.

catchline: Licensees' bond requirements.


title: RCW 70A.310.110

text:
A bond shall be accepted by the department if it is a bond issued by a fidelity or surety company admitted to do business in the state of Washington and the fidelity or surety company is found by the state finance commission to be financially secure at licensing and licensing renewals, if it is a personal bond secured by such collateral as the secretary deems satisfactory and in accordance with RCW 70A.310.100, or if it is a cash bond.
[ 2020 c 20 s 1373; 1987 c 184 s 6; 1979 ex.s. c 110 s 11. Formerly RCW 70.121.110.]
Notes:
Effective date—1979 ex.s. c 110: See note following RCW 70A.310.010.

catchline: Acceptable bonds.


title: RCW 70A.310.120

text:
All bonds forfeited shall be paid to the department for deposit in the radiation perpetual maintenance fund. All moneys in this fund may only be expended by the department as necessary for the protection of the public health and safety and shall not be used for normal operating expenses of the department.
[ 1979 ex.s. c 110 s 12. Formerly RCW 70.121.120.]
Notes:
Effective date—1979 ex.s. c 110: See note following RCW 70A.310.010.

catchline: Forfeited bonds—Use of fund.


title: RCW 70A.310.130

text:
All state, local, or other governmental agencies, or subdivisions thereof, are exempt from the bonding requirements of this chapter.
[ 1987 c 184 s 7; 1979 ex.s. c 110 s 13. Formerly RCW 70.121.130.]
Notes:
Effective date—1979 ex.s. c 110: See note following RCW 70A.310.010.

catchline: Exemptions from bonding requirements.


title: RCW 70A.310.140

text:
If a licensee fails to pay the department within a reasonable time money owed to the state under this chapter, the obligation owed to the state shall constitute a lien on all property, both real and personal, owned by the obligor-licensee when the department records or files, pursuant to this section, a statement of claim against the obligor-licensee. The statement of claim against the obligor-licensee shall name the obligor-licensee, name the state as obligee, describe the obligation, and describe the property to be held in security for the obligation.
Statements of claim creating a lien on real property, fixtures, timber, agricultural products, oil, gas, or minerals shall be recorded with the county auditor in each county where the property is located. Statements of claim creating a lien in personal property, whether tangible or intangible, shall be filed with the department of licensing.
A lien recorded or filed pursuant to this section has priority over any lien, interest, or other encumbrance previously or thereafter recorded or filed concerning any property described in the statement of claim, to the extent allowed by federal law.
A lien created pursuant to this section shall continue in force until extinguished by foreclosure or bankruptcy proceedings or until a release of the lien signed by the secretary is recorded or filed in the place where the statement of claim was recorded or filed. The secretary shall sign and record or file a release only after the obligation owed to the state under this chapter, together with accrued interest and costs of collection has been paid.
[ 1987 c 184 s 3. Formerly RCW 70.121.140.]

catchline: Amounts owed to state—Lien created.


title: RCW 70A.310.150

text:
The attorney general shall use all available methods of obtaining funds owed to the state under this chapter. The attorney general shall foreclose on liens made pursuant to this section, obtain judgments against obligor-licensees and pursue assets of the obligor-licensees found outside the state, consider pursuing the assets of parent corporations and shareholders where an obligor-licensee corporation is an underfinanced corporation, and pursue any other legal remedy available.
[ 1987 c 184 s 4. Formerly RCW 70.121.150.]

catchline: Amounts owed to the state—Collection by attorney general.


title: RCW 70A.310.900

text:
This chapter is cumulative and not exclusive, and no part of this chapter shall be construed to repeal any existing law specifically enacted for the protection of the public health and safety.
[ 1979 ex.s. c 110 s 14. Formerly RCW 70.121.900.]
Notes:
Effective date—1979 ex.s. c 110: See note following RCW 70A.310.010.

catchline: Construction.


title: RCW 70A.310.901

text:
This chapter may be known as the "Mill Tailings Licensing and Perpetual Care Act of 1979".
[ 1979 ex.s. c 110 s 15. Formerly RCW 70.121.905.]
Notes:
Effective date—1979 ex.s. c 110: See note following RCW 70A.310.010.

catchline: Short title.


title: RCW 70A.315.010

text:
The legislature finds:
(1) Solid wastes generated in the state are to be managed in the following order of descending priority: (a) Waste reduction; (b) recycling; (c) treatment; (d) energy recovery or incineration; (e) solidification/stabilization; and (f) landfill.
(2) Special incinerator ash residues from the incineration of municipal solid waste that would otherwise be regulated as hazardous wastes need a separate regulatory scheme in order to (a) ease the permitting and reporting requirements of chapter 70A.300 RCW, the state hazardous waste management act, and (b) supplement the environmental protection provisions of chapter 70A.205 RCW, the state solid waste management act.
(3) Raw garbage poses significant environmental and public health risks. Municipal solid waste incineration constitutes a higher waste management priority than the land disposal of untreated municipal solid waste due to its reduction of waste volumes and environmental health risks.
It is therefore the purpose of this chapter to establish management requirements for special incinerator ash that otherwise would be regulated as hazardous waste under chapter 70A.300 RCW, the hazardous waste management act.
[ 2020 c 20 s 1374; 1987 c 528 s 1. Formerly RCW 70.138.010.]

catchline: Legislative findings.


title: RCW 70A.315.020

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Department" means the department of ecology.
(2) "Director" means the director of the department of ecology or the director's designee.
(3) "Dispose" or "disposal" means the treatment, utilization, processing, or final deposit of special incineration ash.
(4) "Generate" means any act or process which produces special incinerator ash or which first causes special incinerator ash to become subject to regulation.
(5) "Management" means the handling, storage, collection, transportation, and disposal of special incinerator ash.
(6) "Person" means any person, firm, association, county, public or municipal or private corporation, agency, or other entity whatsoever.
(7) "Facility" means all structures, other appurtenances, improvements, and land used for recycling, storing, treating, or disposing of special incinerator ash.
(8) "Special incinerator ash" means ash residues resulting from the operation of incinerator or energy recovery facilities managing municipal solid waste, including solid waste from residential, commercial, and industrial establishments, if the ash residues (a) would otherwise be regulated as hazardous wastes under chapter 70A.300 RCW; and (b) are not regulated as a hazardous waste under the federal resource conservation and recovery act, 42 U.S.C. Sec. 6901 et seq.
[ 2020 c 20 s 1375; 1987 c 528 s 2. Formerly RCW 70.138.020.]

catchline: Definitions.


title: RCW 70A.315.030

text:
(1) Prior to managing special incinerator ash, persons who generate special incinerator ash shall develop plans for managing the special incinerator ash. These plans shall:
(a) Identify procedures for all aspects relating to the management of the special incinerator ash that are necessary to protect employees, human health, and the environment;
(b) Identify alternatives for managing solid waste prior to incineration for the purpose of (i) reducing the toxicity of the special incinerator ash; and (ii) reducing the quantity of the special incinerator ash;
(c) Establish a process for submittal of an annual report to the department disclosing the results of a testing program to identify the toxic properties of the special incinerator ash as necessary to ensure that the procedures established in the plans submitted pursuant to this chapter are adequate to protect employees, human health, and the environment; and
(d) Comply with the rules established by the department in accordance with this section.
(2) Prior to managing any special incinerator ash, any person required to develop a plan pursuant to subsection (1) of this section shall submit the plan to the department for review and approval. Prior to approving a plan, the department shall find that the plan complies with the provisions of this chapter, including any rules adopted under this chapter. Approval may be conditioned upon additional requirements necessary to protect employees, human health, and the environment, including special management requirements, waste segregation, or treatment techniques such as neutralization, detoxification, and solidification/stabilization.
(3) The department shall give notice of receipt of a proposed plan to interested persons and the public and shall accept public comment for a minimum of thirty days. The department shall approve, approve with conditions, or reject the plan submitted pursuant to this section within ninety days of submittal.
(4) Prior to accepting any special incinerator ash for disposal, persons owning or operating facilities for the disposal of the incinerator ash shall apply to the department for a permit. The department shall issue a permit if the disposal will provide adequate protection of human health and the environment. Prior to issuance of any permit, the department shall find that the facility meets the requirements of chapter 70A.205 RCW and any rules adopted under this chapter. The department may place conditions on the permit to include additional requirements necessary to protect employees, human health, and the environment, including special management requirements, waste segregation, or treatment techniques such as neutralization, detoxification, and solidification/stabilization.
(5) The department shall give notice of its receipt of a permit application to interested persons and the public and shall accept public comment for a minimum of thirty days. The department shall issue, issue with conditions, or deny the permit within ninety days of submittal.
(6) The department shall adopt rules to implement the provisions of this chapter. The rules shall (a) establish minimum requirements for the management of special incinerator ash as necessary to protect employees, human health, and the environment, (b) clearly define the elements of the plans required by this chapter, and (c) require special incinerator ash to be disposed at facilities that are operating in compliance with this chapter.
[ 2020 c 20 s 1376; 1987 c 528 s 3. Formerly RCW 70.138.030.]

catchline: Review and approval of management plans—Disposal permits.


title: RCW 70A.315.040

text:
(1) Except as provided in RCW 43.05.060 through 43.05.080 and 43.05.150, any person who violates any provision of a department regulation or regulatory order relating to the management of special incinerator ash shall incur in addition to any other penalty provided by law, a penalty in an amount up to ten thousand dollars a day for every such violation. Each and every such violation shall be a separate and distinct offense. In case of continuing violation, every day's continuance shall be a separate and distinct violation. Every person who, through an act of commission or omission, procures, aids, or abets in the violation shall be considered to have violated the provisions of this section and shall be subject to the penalty herein provided.
(2) The penalty provided for in this section shall be imposed by a notice in writing, either by certified mail with return receipt requested or by personal service, to the person incurring the same from the department, describing the violation with reasonable particularity. Within fifteen days after the notice is received, the person incurring the penalty may apply in writing to the department for the remission or mitigation of such penalty. Upon receipt of the application, the department may remit or mitigate the penalty upon whatever terms the department in its discretion deems proper, giving consideration to the degree of hazard associated with the violation, provided the department deems such remission or mitigation to be in the best interests of carrying out the purposes of this chapter. The department shall have authority to ascertain the facts regarding all such applications in such reasonable manner and under such rules as it may deem proper.
(3) Any penalty imposed by this section shall become due and payable thirty days after receipt of a notice imposing the same unless application for remission or mitigation is made or petition for review by the hearings board is filed. When such an application for remission or mitigation is made, any penalty incurred pursuant to this section shall become due and payable thirty days after receipt of notice setting forth the disposition of such application.
(4) If the amount of any penalty is not paid to the department within thirty days after it becomes due and payable, the attorney general, upon the request of the director, shall bring an action in the name of the state of Washington in the superior court of Thurston county, or any county in which such violator may do business, to recover such penalty. In all such actions, the procedure and rules of evidence shall be the same as an ordinary civil action except as otherwise provided in this chapter.
[ 1995 c 403 s 633; 1987 c 528 s 4. Formerly RCW 70.138.040.]
Notes:
Findings—Short title—Intent—1995 c 403: See note following RCW 34.05.328.

catchline: Civil penalties.


title: RCW 70A.315.050

text:
Whenever a person violates any provision of this chapter or any permit or regulation the department may issue an order appropriate under the circumstances to assure compliance with the chapter, permit, or regulation. Such an order must be served personally or by registered mail upon any person to whom it is directed.
[ 1987 c 528 s 5. Formerly RCW 70.138.050.]

catchline: Violations—Orders.


title: RCW 70A.315.060

text:
The department, with the assistance of the attorney general, may bring any appropriate action at law or in equity, including action for injunctive relief as may be necessary to enforce the provisions of this chapter or any permit or regulation issued thereunder.
[ 1987 c 528 s 6. Formerly RCW 70.138.060.]

catchline: Enforcement—Injunctive relief.


title: RCW 70A.315.070

text:
Any person found guilty of wilfully violating, without sufficient cause, any of the provisions of this chapter, or permit or order issued pursuant to this chapter is guilty of a gross misdemeanor and upon conviction shall be punished by a fine of up to ten thousand dollars and costs of prosecution, or by imprisonment for up to three hundred sixty-four days, or by both. Each day of violation may be deemed a separate violation.
[ 2011 c 96 s 52; 1987 c 528 s 7. Formerly RCW 70.138.070.]
Notes:
Findings—Intent—2011 c 96: See note following RCW 9A.20.021.

catchline: Criminal penalties.


title: RCW 70A.315.900

text:
This chapter shall not apply to municipal solid waste incinerators that are in operation on May 19, 1987, until a special incinerator waste disposal permit is issued in the county where the municipal solid waste incinerator is located, or July 1, 1989, whichever is sooner.
[ 1987 c 528 s 12. Formerly RCW 70.138.900.]

catchline: Application of chapter to certain incinerators.


title: RCW 70A.315.901

text:
This chapter shall be known as the special incinerator ash disposal act.
[ 1987 c 528 s 11. Formerly RCW 70.138.901.]


title: RCW 70A.320.010

text:
The legislature finds that state and local agencies are currently implementing actions to reduce children's exposure to soils that contain hazardous substances. The legislature further finds that it is in the public interest to enhance those efforts in western Washington in areas located within the central Puget Sound smelter plume.
[ 2005 c 306 s 1. Formerly RCW 70.140.010.]

catchline: Findings.


title: RCW 70A.320.020

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Area-wide soil contamination" means low to moderate arsenic and lead soil contamination dispersed over a large geographic area.
(2) "Child care facility" means a child day-care center or a family day-care provider as those terms are defined under *RCW 74.15.020.
(3) "Department" means the department of ecology.
(4) "Director" means the director of the department of ecology.
(5) "Low to moderate soil contamination" means low level arsenic or lead concentrations where a child's exposure to soil contamination at a school or a child care facility may be reduced through best management practices.
(6) "School" means a public or private kindergarten, elementary, or secondary school.
[ 2005 c 306 s 2. Formerly RCW 70.140.020.]
Notes:
*Reviser's note: RCW 74.15.020 was amended by 2006 c 265 s 401, removing the definitions for "child day-care center" and "family day-care provider."


title: RCW 70A.320.030

text:
(1) The department, in cooperation with the department of social and health services, the department of health, the office of the superintendent of public instruction, and local health districts, shall assist schools and child care facilities west of the crest of the Cascade mountains to reduce the potential for children's exposure to area-wide soil contamination.
(2) The department shall:
(a) Identify schools and child care facilities that are located within the central Puget Sound smelter plume based on available information;
(b) Conduct qualitative evaluations to determine the potential for children's exposure to area-wide soil contamination;
(c) If the qualitative evaluation determines that children may be routinely exposed to area-wide soil contamination at a property, conduct soil samples at that property by December 31, 2009; and
(d) If soil sample results confirm the presence of area-wide soil contamination, notify schools and child care facilities regarding the test results and the steps necessary for implementing best management practices.
(3) If a school or a child care facility with area-wide soil contamination does not implement best management practices within six months of receiving written notification from the department, the superintendent or board of directors of a school or the owner or operator of a child care facility must notify parents and guardians in writing of the results of soil tests. The written notice shall be prepared by the department.
(4) The department shall recognize schools and child care facilities that successfully implement best management practices with a voluntary certification letter confirming that the facility has successfully implemented best management practices.
(5) Schools and child care facilities must work with the department to provide the department with site access for soil sampling at times that are the most convenient for all parties.
[ 2005 c 306 s 3. Formerly RCW 70.140.030.]

catchline: Children in schools and child care facilities—Department duties—School and child care facility duties.


title: RCW 70A.320.040

text:
(1) The department shall assist schools and owners and operators of child care facilities located within the central Puget Sound smelter plume. Such assistance may include the following:
(a) Technical assistance in conducting qualitative evaluations to determine where area-wide soil contamination exposures could occur;
(b) Technical and financial assistance in testing soils where evaluations indicate potential for contamination; and
(c) Technical and financial assistance to implement best management practices.
(2) The department shall develop best management practice guidelines for schools and day care facilities with area-wide soil contamination. The guidelines shall recommend a range of methods for reducing exposure to contaminated soil, considering the concentration, extent, and location of contamination and the nature and frequency of child use of the area.
(3) The department shall develop a grant program to assist schools and child care facilities with implementing best management practices.
(4) The department, within available funds, may provide grants to schools and child care facilities for the purpose of implementing best management practices.
(5) The department, within available funds, may provide financial assistance to the department of health and the department of social and health services to implement this chapter.
(6) The department may, through an interagency agreement, authorize a local health jurisdiction to administer any activity in this chapter that is otherwise not assigned to a local health jurisdiction by this chapter.
(7) The department shall evaluate actions to reduce child exposure to contaminated soils and submit progress reports to the governor and to the appropriate committees of the legislature by December 31, 2006, and December 31, 2008.
[ 2005 c 306 s 4. Formerly RCW 70.140.040.]

catchline: Department assistance—Best management practice guidelines—Grants—Interagency agreements authorized—Reports.


title: RCW 70A.320.050

text:
The department of health shall assist the department in implementing this chapter, including but not limited to developing best management practices and guidelines.
[ 2005 c 306 s 5. Formerly RCW 70.140.050.]

catchline: Department of health to provide assistance.


title: RCW 70A.320.060

text:
The department of social and health services shall assist the department by providing information on the location of child care facilities and contacts for these facilities.
[ 2005 c 306 s 6. Formerly RCW 70.140.060.]

catchline: Department of social and health services to provide assistance.


title: RCW 70A.320.070

text:
This chapter does not apply to land devoted primarily to the commercial production of livestock or agricultural commodities.
[ 2005 c 306 s 7. Formerly RCW 70.140.070.]

catchline: Livestock, agricultural land exempt from chapter.


title: RCW 70A.320.080

text:
Nothing in this chapter is intended to change ongoing actions or the authority of the department or other agencies to require actions to address soil contamination under existing laws.
[ 2005 c 306 s 8. Formerly RCW 70.140.080.]

catchline: Existing authority of department not affected.


title: RCW 70A.325.005

text:
(1) The legislature finds that:
(a) Final regulations adopted by the United States environmental protection agency (EPA) require owners and operators of underground petroleum storage tanks to demonstrate financial responsibility for accidental releases of petroleum as a precondition to continued ownership and operation of such tanks;
(b) Financial responsibility is demonstrated through the purchase of pollution liability insurance or an acceptable alternative such as coverage under a state financial responsibility program, in the amount of at least five hundred thousand dollars per occurrence and one million dollars annual aggregate depending upon the nature, use, and number of tanks owned or operated;
(c) Many owners and operators of underground petroleum storage tanks cannot purchase pollution liability insurance either because private insurance is unavailable at any price or because owners and operators cannot meet the rigid underwriting standards of existing insurers, nor can many owners and operators meet the strict regulatory standards imposed for alternatives to the purchase of insurance; and
(d) Without a state financial responsibility program for owners and operators of underground petroleum storage tanks, many tank owners and operators will be forced to discontinue the ownership and operation of these tanks.
(2) The purpose of this chapter is to create a state financial responsibility program meeting EPA standards for owners and operators of underground petroleum storage tanks in a manner that:
(a) Minimizes state involvement in pollution liability claims management and insurance administration;
(b) Protects the state of Washington from unwanted and unanticipated liability for accidental release claims;
(c) Creates incentives for private insurers to provide needed liability insurance; and
(d) Parallels generally accepted principles of insurance and risk management.
To that end, this chapter establishes a temporary program to provide pollution liability reinsurance at a price that will encourage a private insurance company or risk retention group to sell pollution liability insurance in accordance with the requirements of this chapter to owners and operators of underground petroleum storage tanks, thereby allowing the owners and operators to comply with the financial responsibility regulations of the EPA. In the event that private insurance is not available in the state, this chapter provides an emergency program to address the need of owners and operators of underground petroleum storage tanks to demonstrate financial responsibility so that businesses may continue to operate.
(3) It is not the intent of this chapter to permit owners and operators of underground petroleum storage tanks to obtain pollution liability insurance without regard to the quality or condition of their storage tanks or without regard to the risk management practices of tank owners and operators, nor is it the intent of this chapter to provide coverage or funding for past or existing petroleum releases. Further, it is the intent of the legislature that the program follow generally accepted insurance underwriting and actuarial principles and to deviate from those principles only to the extent necessary and within the tax revenue limits provided, to make pollution liability insurance reasonably affordable and available to owners and operators who meet the requirements of this chapter, particularly to those owners and operators whose underground storage tanks meet a vital economic need within the affected community.
[ 2020 c 156 s 1; 1990 c 64 s 1; 1989 c 383 s 1. Formerly RCW 70.148.005.]

catchline: Finding—Intent. (Expires July 1, 2030.)