[Federal Register: April 3, 2007 (Volume 72, Number 63)]
[Notices]
[Page 15929-15930]
[DOCID:fr03ap07-101]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55546; File No. SR-NYSEArca-2007-14]

Self-Regulatory Organizations; NYSE Arca, Inc.; Order Granting
Accelerated Approval To a Proposed Rule Change to Amend Existing Rules
for Investment Company Units To Eliminate Requirement Regarding Index
Weighting and Calculation Methodology

March 27, 2007.

I. Introduction

    On February 8, 2007, NYSE Arca, Inc. (``NYSE Arca'' or
``Exchange''), through its wholly owned subsidiary NYSE Arca Equities,
Inc. (``NYSE Arca Equities''), filed with the Securities and Exchange
Commission (``Commission''), pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4
thereunder,\2\ a proposal to revise its generic listing standards
applicable to Investment Company Units (``Investment Company Units'' or
``ICUs'') \3\ to eliminate the requirement that the weighting and
calculation methodology for the index underlying a series of ICUs must
be one of those specified in Commentary .01(b)(1) to NYSE Arca Equities
Rule 5.2(j)(3). The proposed rule change was published for comment in
the Federal Register on March 5, 2007 for a 15-day comment period.\4\
The Commission received no comments regarding the proposal. This order
approves the proposed rule change on an accelerated basis.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ An ICU is defined in NYSE Arca Equities Rule 5.1(b)(15) as a
security representing an interest in a registered investment company
that could be organized as a unit investment trust, an open-end
management investment company, or a similar entity. A registered
investment company is registered under the Investment Company Act of
1940, 15 U.S.C. 80a et seq.
    \4\ See Securities Exchange Act Release No. 55339 (February 23,
2007), 72 FR 9820.
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II. Description of the Proposal

    The Exchange has proposed to amend its ``generic'' listing standard
pursuant to Rule 19b-4(e) under the Act \5\ for ICUs (which include
exchange-traded funds) to eliminate the requirement that an eligible
index be calculated and weighted according to a specific methodology.
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    \5\ 17 CFR 240.19b-4(e).
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    The Exchange currently has listing and trading standards, which
permit the Exchange either to list and trade ICUs or trade such ICUs on
the Exchange on an unlisted trading privileges (``UTP'') basis, subject
to the procedures contained in Rule 19b-4(e) under the Act.\6\ The
existence of generic listing standards allows qualifying ICUs to list
or trade without the need to file a rule change for each security.
Commentary .01(b)(1) to NYSE Arca Equities Rule 5.2(j)(3) currently
requires that, if a series of ICUs is listed for trading (or traded
pursuant to UTP) on the Exchange in reliance upon Rule 19b-4(e) under
Rule 19b-4 under the Act,\7\ the index underlying the series must
follow the market capitalization, modified market capitalization,
price, equal-dollar or modified equal-dollar weighting methodology, or
alternately, a methodology weighting components of the index based on
any, some or all of the following: sales, cash flow, book value, and
dividends. The proposed rule change would eliminate this standard, and,
as a result, the Exchange would no longer consider index methodology in
its review of an ICU's eligibility for listing and trading pursuant to
Rule 19b-4(e) under the Act.\8\
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    \6\ See NYSE Arca Equities Rule 5.2(j)(3).
    \7\ 17 CFR 240.19b-4(e).
    \8\ 17 CFR 240.19b-4(e).
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III. Discussion

    After careful consideration, the Commission finds that the proposed
rule change is consistent with the requirements of the Act and the
rules and regulations thereunder applicable to a national securities
exchange \9\ and, in particular, the requirements of Section 6 of the
Act.\10\ Specifically, the Commission finds that the proposed rule
change is consistent with Section 6(b)(5) of the Act,\11\ which
requires, among other things, that the rules of a national securities
exchange be designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to remove
impediments to and perfect the mechanism of a free and open market and
a national market system, and, in general, to protect investors and the
public interest.
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    \9\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. 15 U.S.C. 78c(f).
    \10\ 15 U.S.C. 78f.
    \11\ 15 U.S.C. 78f(b)(5).
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    As the market for ICUs has expanded, the variety of weighting and
calculation methodologies for underlying indexes has grown, limiting
the applicability of NYSE Arca's current generic listing standards for
ICUs. The Commission believes that eliminating the index methodology
requirement from the Exchange's generic listing standards for ICUs will
facilitate bringing ICUs based

on indexes with nontraditional weighting techniques to the market,
encourage innovation in index construction, reduce costs to issuers and
other market participants, and promote competition.
    The Commission believes that these goals may be furthered without
compromising investor protection. The Commission notes that the
numerical criteria in Commentary .01 to NYSE Arca Equities Rule
5.2(j)(3) addressing concentration, diversity, and liquidity of an
underlying index's components would continue to apply. For example, the
generic listing standards for domestic indexes will continue to
require, without limitation, that the most heavily weighted component
stock of an index not exceed 30% of the weight of the index, and the
five most heavily weighted component stocks of an index not exceed 65%
of the weight of the index,\12\ and that an index include a minimum of
13 component stocks.\13\ In addition, component stocks that in the
aggregate account for at least 90% of the weight of the index must have
a market value of at least $75 million and minimum monthly trading
volume of at least 250,000 shares for each of the last six months.\14\
Therefore, the Commission believes that indexes underlying ICUs will
continue to be sufficiently broad-based in scope to minimize potential
manipulation. Additionally, ICUs and their underlying indexes would
continue to be subject to all other requirements of NYSE Arca Equities
Rule 5.2(j)(3).
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    \12\ See Commentary .01(a)(3) to NYSE Arca Equities Rule
5.2(j)(3).
    \13\ See Commentary .01(a)(4) to NYSE Arca Equities Rule
5.2(j)(3).
    \14\ See Commentary .01(a)(1) and (2) to NYSE Arca Rule
5.2(j)(3).
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    The Commission believes that accelerating approval of the proposed
rule change would enable the Exchange and issuers to immediately
benefit from the expected efficiencies resultant from this proposed
rule change without delay while at the same time still ensuring
adequate protection for investors and the public in general. The
Commission notes that NYSE Arca's proposal substantively tracks a
recently approved rule change by the American Stock Exchange LLC \15\
and raises no new regulatory issues. Thus, the Commission finds good
cause, consistent with Section 19(b)(2) of the Act,\16\ to grant
accelerated approval of the proposed rule change, as amended, prior to
the thirtieth day after the notice is published for comment in the
Federal Register.
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    \15\ See Securities Exchange Act Release No. 55544 (March 27,
2007). The New York Stock Exchange LLC has also proposed a parallel
rule change, which the Commission is approving concurrently with
this one. See Securities Exchange Act Release No. 55545 (March 27,
2007).
    \16\ 15 U.S.C. 78s(b)(2).
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IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\17\ that the proposed rule change (SR-NYSEArca-2007-14) be, and is
hereby approved on an accelerated basis.
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    \17\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\18\
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    \18\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-6085 Filed 4-2-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: November 25, 2009 (Volume 74, Number 226)]
[Rules and Regulations]
[Page 61507-61508]
[DOCID:fr25no09-4]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2009-0960; Airspace Docket No. 09-ASO-29]

Revocation of Class E Airspace; Hinesville, GA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action removes the Class E5 Airspace at Liberty County
Airport, Hinesville, GA, as the airport has closed, eliminating the
need for controlled airspace.

DATES: Effective 0901 UTC, February 22, 2010. The Director of the
Federal Register approves this incorporation by reference action under
title 1, Code of Federal Regulations, part 51, subject to the annual
revision of FAA Order 7400.9 and publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Melinda Giddens, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, P.O.
Box 20636, Atlanta, Georgia 30320; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

History

    The Liberty County Airport has closed and as a result, the
associated Standard Instrument Approach Procedures (SIAPs) were
withdrawn and cancelled removing the Class E5 airspace requirement at
Liberty County Airport. This rule will become effective on the date
specified in the DATES section. Since this action eliminates the impact
of controlled airspace on users of the National Airspace System in the
vicinity of the Liberty County Airport, notice and public procedure
under 5 U.S.C. 553(b) are unnecessary. Class E airspace designations
for airspace areas extending upward from 700 feet or more above the
surface of the earth are published in Paragraph 6005 of FAA Order
7400.9T, signed August 27, 2009, and effective September 15, 2009,
which is incorporated by reference in 14 CFR 71.1. The Class E
designation listed in this document will be removed from publication
subsequently in the Order.

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR)
part 71 removes Class E5 airspace at Liberty County Airport,
Hinesville, GA. Controlled airspace is no longer needed as the airport
has closed.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore, (1) Is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a Regulatory Evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority.
    This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it removes controlled airspace at Liberty County Airport,
Hinesville, GA.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

Adoption of the Amendment

0
In consideration of the foregoing, the Federal Aviation Administration
amends 14 CFR Part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for Part 71 continues to read as follows:

    Authority:  49 U.S.C. 106(g); 40103, 40113, 40120; E.O. 10854,
24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation
Administration Order 7400.9T, Airspace Designations and Reporting
Points, signed August 27, 2009, effective September 15, 2009, is
amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
feet or More Above the Surface of the Earth.

* * * * *

ASO GA E5 Hinesville, GA [Removed]

* * * * *

    Issued in College Park, Georgia, on November 10, 2009.
Mark D. Ward,
Manager, Operations Support Group, Eastern Service Center, Air Traffic
Organization.
[FR Doc. E9-28199 Filed 11-24-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 190 (Tuesday, October 1, 2013)]
[Notices]
[Page 60292]
[FR Doc No: 2013-23793]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2013-D-1120]

Draft Guidance for Industry on Abbreviated New Drug Application
Submissions--Refuse-to-Receive Standards; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of a draft guidance for industry entitled ``ANDA
Submissions--Refuse-to-Receive Standards.'' This guidance is intended
to assist applicants preparing to submit to FDA abbreviated new drug
applications (ANDAs) and related submissions (i.e., prior approval
supplements (PASs) for new strengths). The guidance contains details on
what should be included in these submissions and highlights serious
deficiencies that may cause FDA to refuse to receive the submission.

DATES: Although you can comment on any guidance at any time (see 21 CFR
10.115(g)(5)), to ensure that the Agency considers your comment on this
draft guidance before it begins work on the final version of the
guidance, submit either electronic or written comments on the draft
guidance by October 31, 2013.

ADDRESSES: Submit written requests for single copies of the draft
guidance to the Division of Drug Information, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 51, Rm. 2201, Silver Spring, MD 20993-0002. Send
one self-addressed adhesive label to assist that office in processing
your requests. See the SUPPLEMENTARY INFORMATION section for electronic
access to the draft guidance document.
    Submit electronic comments on the draft guidance to http://www.regulations.gov. Submit written comments to the Division of Dockets
Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Johnny Young, Center for Drug
Evaluation and Research (HFD-613), Food and Drug Administration, 7520
Standish Pl., Rockville, MD 20855,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a draft guidance for industry
entitled ``ANDA Submissions--Refuse-to-Receive Standards.'' This
guidance is intended to assist applicants preparing to submit to FDA
ANDAs and PASs to ANDAs for which the applicant is seeking approval of
a new strength of the drug product. The guidance contains details on
what should be included in an ANDA and highlights serious deficiencies
that may cause FDA to refuse to receive an ANDA. A refuse-to-receive
decision indicates that FDA has determined that an ANDA is incomplete
on its face, usually because of omissions.
    With the enactment of the Generic Drug User Fee Act on July 9, 2012
(Pub. L. 112-144, Title III), FDA's Office of Generic Drugs (OGD) was
tasked with a number of activities, including developing enhanced
refusal to receive standards for ANDAs and related submissions. Recent
data underscore the need for improvement in the quality of original
ANDA submissions. Between 2009 and 2012, OGD refused to receive 497
ANDAs, primarily because the submissions contained serious
deficiencies. FDA evaluates each incoming ANDA individually to
determine whether its format and content meet threshold criteria to
permit a substantive review and can thus be received by FDA. The Agency
cannot receive an ANDA unless it contains the information required
under section 505(j) of the Federal Food, Drug, and Cosmetic Act and
related regulations (e.g., 21 CFR 314.101(b)(1)). This guidance
explains in some detail the kind of omissions that can lead to a
refuse-to-receive determination. The guidance is intended to assist
applicants preparing ANDAs and related submissions to help improve the
quality of those submissions and ensure that their format and content
meet the threshold criteria for FDA receipt and review.
    This draft guidance is being issued consistent with FDA's good
guidance practices regulation (21 CFR 10.115). The draft guidance, when
finalized, will represent the Agency's current thinking on refusing to
receive ANDAs and related submissions. It does not create or confer any
rights for or on any person and does not operate to bind FDA or the
public. An alternative approach may be used if such approach satisfies
the requirements of the applicable statutes and regulations.

II. Paperwork Reduction Act of 1995

    This guidance refers to previously approved collections of
information that are subject to review by the Office of Management and
Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520). The collection of information in 21 CFR part 314 for ANDA and
related submissions has been approved under OMB control number 0910-
0001.

III. Comments

    Interested persons may submit either electronic comments regarding
this document to http://www.regulations.gov or written comments to the
Division of Dockets Management (see ADDRESSES). It is only necessary to
send one set of comments. Identify comments with the docket number
found in brackets in the heading of this document. Received comments
may be seen in the Division of Dockets Management between 9 a.m. and 4
p.m., Monday through Friday, and will be posted to the docket at http://www.regulations.gov.

IV. Electronic Access

    Persons with access to the Internet may obtain the document at
either http://www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/default.htm or http://www.regulations.gov.

    Dated: September 25, 2013.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2013-23793 Filed 9-30-13; 8:45 am]
BILLING CODE 4160-01-P


Chapter 70.105 RCW Hazardous waste management

Chapter Listing | RCW Dispositions

RCW Sections 70.105.005 Legislative declaration. 70.105.007 Purpose. 70.105.010 Definitions. 70.105.020 Standards and regulations -- Adoption -- Notice and hearing -- Consultation with other agencies. 70.105.025 Environmental excellence program agreements -- Effect on chapter. 70.105.030 List and information to be furnished by depositor of hazardous waste -- Rules and regulations. 70.105.035 Solid wastes -- Conditionally exempt from chapter. 70.105.040 Disposal site or facility -- Acquisition -- Disposal fee schedule. 70.105.050 Disposal at other than approved site prohibited -- Disposal of radioactive wastes. 70.105.060 Review of rules, regulations, criteria and fee schedules. 70.105.070 Criteria for receiving waste at disposal site. 70.105.080 Violations -- Civil penalties. 70.105.085 Violations -- Criminal penalties. 70.105.090 Violations -- Gross misdemeanor. 70.105.095 Violations -- Orders -- Penalty for noncompliance -- Appeal. 70.105.097 Action for damages resulting from violation -- Attorneys' fees. 70.105.100 Powers and duties of department. 70.105.105 Duty of department to regulate PCB waste. 70.105.109 Regulation of wastes with radioactive and hazardous components. 70.105.110 Regulation of dangerous wastes associated with energy facilities. 70.105.111 Radioactive wastes -- Authority of department of social and health services. 70.105.112 Application of chapter to special incinerator ash. 70.105.116 Hazardous substance remedial actions -- Procedural requirements not applicable. 70.105.120 Authority of attorney general. 70.105.130 Department's powers as designated agency under federal act. 70.105.135 Copies of notification forms or annual reports to officials responsible for fire protection. 70.105.140 Rules implemented under RCW 70.105.130 -- Review. 70.105.145 Department's authority to participate in and administer federal act. 70.105.150 Declaration -- Management of hazardous waste -- Priorities -- Definitions. 70.105.160 Waste management study -- Public hearings -- Adoption or modification of rules. 70.105.165 Disposal of dangerous wastes at commercial off-site land disposal facilities -- Limitations. 70.105.170 Waste management -- Consultative services -- Technical assistance -- Confidentiality. 70.105.180 Disposition of fines and penalties -- Earnings. 70.105.200 Hazardous waste management plan. 70.105.210 Hazardous waste management facilities -- Department to develop criteria for siting. 70.105.215 Department to adopt rules for permits for hazardous substances treatment facilities. 70.105.217 Local government regulatory authority to prohibit or condition. 70.105.220 Local governments to prepare local hazardous waste plans -- Basis -- Elements required. 70.105.221 Local governments to prepare local hazardous waste plans -- Used oil recycling element. 70.105.225 Local governments to designate zones -- Departmental guidelines -- Approval of local government zone designations or amendments -- Exemption. 70.105.230 Local governments to submit letter of intent to identify or designate zones and submit management plans -- Department to prepare plan in event of failure to act. 70.105.235 Grants to local governments for plan preparation, implementation, and designation of zones -- Matching funds -- Qualifications. 70.105.240 State preemption -- Department sole authority -- Local requirements superseded -- State authority over designated zone facilities. 70.105.245 Department may require notice of intent for management facility permit. 70.105.250 Appeals to pollution control hearings board. 70.105.255 Department to provide technical assistance with local plans. 70.105.260 Department to assist conflict resolution activities related to siting facilities -- Agreements may constitute conditions for permit. 70.105.270 Requirements of RCW 70.105.200 through 70.105.230 and 70.105.240(4) not mandatory without legislative appropriation. 70.105.280 Service charges. 70.105.300 Metals mining and milling operations permits -- Inspections by department of ecology. 70.105.900 Short title -- 1985 c 448.

Notes: Environmental certification programs -- Fees -- Rules -- Liability: RCW 43.21A.175.  Hazardous materials incidents, handling and liability: RCW 70.136.010 through 70.136.070.  Radioactive and hazardous waste emergency response programs, state coordinator: RCW 38.52.030.  Transport of hazardous materials, state patrol authority over: Chapter 46.48 RCW.

70.105.005 Legislative declaration. The legislature hereby finds and declares:

     (1) The health and welfare of the people of the state depend on clean and pure environmental resources unaffected by hazardous waste contamination. At the same time, the quality of life of the people of the state is in part based upon a large variety of goods produced by the economy of the state. The complex industrial processes that produce these goods also generate waste by-products, some of which are hazardous to the public health and the environment if improperly managed.

     (2) Safe and responsible management of hazardous waste is necessary to prevent adverse effects on the environment and to protect public health and safety.

     (3) The availability of safe, effective, economical, and environmentally sound facilities for the management of hazardous waste is essential to protect public health and the environment and to preserve the economic strength of the state.

     (4) Strong and effective enforcement of federal and state hazardous waste laws and regulations is essential to protect the public health and the environment and to meet the public's concerns regarding the acceptance of needed new hazardous waste management facilities.

     (5) Negotiation, mediation, and similar conflict resolution techniques are useful in resolving concerns over the local impacts of siting hazardous waste management facilities.

     (6) Safe and responsible management of hazardous waste requires an effective planning process that involves local and state governments, the public, and industry.

     (7) Public acceptance and successful siting of needed new hazardous waste management facilities depends on several factors, including:

     (a) Public confidence in the safety of the facilities;

     (b) Assurance that the hazardous waste management priorities established in this chapter are being carried out to the maximum degree practical;

     (c) Recognition that all state citizens benefit from certain products whose manufacture results in the generation of hazardous by-products, and that all state citizens must, therefore, share in the responsibility for finding safe and effective means to manage this hazardous waste; and

     (d) Provision of adequate opportunities for citizens to meet with facility operators and resolve concerns about local hazardous waste management facilities.

     (8) Due to the controversial and regional nature of facilities for the disposal and incineration of hazardous waste, the facilities have had difficulty in obtaining necessary local approvals. The legislature finds that there is a statewide interest in assuring that such facilities can be sited.

     It is therefore the intent of the legislature to preempt local government's authority to approve, deny, or otherwise regulate disposal and incineration facilities, and to vest in the department of ecology the sole authority among state, regional, and local agencies to approve, deny, and regulate preempted facilities, as defined in this chapter.

     In addition, it is the intent of the legislature that such complete preemptive authority also be vested in the department for treatment and storage facilities, in addition to disposal and incineration facilities, if a local government fails to carry out its responsibilities established in RCW 70.105.225.

     It is further the intent of the legislature that no local ordinance, permit requirement, other requirement, or decision shall prohibit on the basis of land use considerations the construction of a hazardous waste management facility within any zone designated and approved in accordance with this chapter, provided that the proposed site for the facility is consistent with applicable state siting criteria.

     (9) With the exception of the disposal site authorized for acquisition under this chapter, the private sector has had the primary role in providing hazardous waste management facilities and services in the state. It is the intent of the legislature that this role be encouraged and continue into the future to the extent feasible. Whether privately or publicly owned and operated, hazardous waste management facilities and services should be subject to strict governmental regulation as provided under this chapter.

     (10) Wastes that are exempt or excluded from full regulation under this chapter due to their small quantity or household origin have the potential to pose significant risk to public health and the environment if not properly managed. It is the intent of the legislature that the specific risks posed by such waste be investigated and assessed and that programs be carried out as necessary to manage the waste appropriately. In addition, the legislature finds that, because local conditions vary substantially in regard to the quantities, risks, and management opportunities available for such wastes, local government is the appropriate level of government to plan for and carry out programs to manage moderate-risk waste, with assistance and coordination provided by the department.  [1985 c 448 § 2.] Notes:       Severability -- 1985 c 448: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1985 c 448 § 19.]

70.105.007 Purpose. The purpose of this chapter is to establish a comprehensive statewide framework for the planning, regulation, control, and management of hazardous waste which will prevent land, air, and water pollution and conserve the natural, economic, and energy resources of the state. To this end it is the purpose of this chapter:

     (1) To provide broad powers of regulation to the department of ecology relating to management of hazardous wastes and releases of hazardous substances;

     (2) To promote waste reduction and to encourage other improvements in waste management practices;

     (3) To promote cooperation between state and local governments by assigning responsibilities for planning for hazardous wastes to the state and planning for moderate-risk waste to local government;

     (4) To provide for prevention of problems related to improper management of hazardous substances before such problems occur; and

     (5) To assure that needed hazardous waste management facilities may be sited in the state, and to ensure the safe operation of the facilities.  [1985 c 448 § 3.] Notes:       Severability -- 1985 c 448: See note following RCW 70.105.005.

70.105.010 Definitions.

     *** CHANGE IN 2010 *** (SEE 2617-S2.SL) ***

The words and phrases defined in this section shall have the meanings indicated when used in this chapter unless the context clearly requires otherwise.

     (1) "Dangerous wastes" means any discarded, useless, unwanted, or abandoned substances, including but not limited to certain pesticides, or any residues or containers of such substances which are disposed of in such quantity or concentration as to pose a substantial present or potential hazard to human health, wildlife, or the environment because such wastes or constituents or combinations of such wastes:

     (a) Have short-lived, toxic properties that may cause death, injury, or illness or have mutagenic, teratogenic, or carcinogenic properties; or

     (b) Are corrosive, explosive, flammable, or may generate pressure through decomposition or other means.

     (2) "Department" means the department of ecology.

     (3) "Designated zone facility" means any facility that requires an interim or final status permit under rules adopted under this chapter and that is not a preempted facility as defined in this section.

     (4) "Director" means the director of the department of ecology or the director's designee.

     (5) "Disposal site" means a geographical site in or upon which hazardous wastes are disposed of in accordance with the provisions of this chapter.

     (6) "Dispose or disposal" means the discarding or abandoning of hazardous wastes or the treatment, decontamination, or recycling of such wastes once they have been discarded or abandoned.

     (7) "Extremely hazardous waste" means any dangerous waste which[:]

     (a) Will persist in a hazardous form for several years or more at a disposal site and which in its persistent form

     (i) Presents a significant environmental hazard and may be concentrated by living organisms through a food chain or may affect the genetic make-up of human beings or wildlife, and

     (ii) Is highly toxic to human beings or wildlife

     (b) If disposed of at a disposal site in such quantities as would present an extreme hazard to human beings or the environment.

     (8) "Facility" means all contiguous land and structures, other appurtenances, and improvements on the land used for recycling, storing, treating, incinerating, or disposing of hazardous waste.

     (9) "Hazardous household substances" means those substances identified by the department as hazardous household substances in the guidelines developed under RCW 70.105.220.

     (10) "Hazardous substances" means any liquid, solid, gas, or sludge, including any material, substance, product, commodity, or waste, regardless of quantity, that exhibits any of the characteristics or criteria of hazardous waste as described in rules adopted under this chapter.

     (11) "Hazardous waste" means and includes all dangerous and extremely hazardous waste, including substances composed of both radioactive and hazardous components.

     (12) "Local government" means a city, town, or county.

     (13) "Moderate-risk waste" means (a) any waste that exhibits any of the properties of hazardous waste but is exempt from regulation under this chapter solely because the waste is generated in quantities below the threshold for regulation, and (b) any household wastes which are generated from the disposal of substances identified by the department as hazardous household substances.

     (14) "Person" means any person, firm, association, county, public or municipal or private corporation, agency, or other entity whatsoever.

     (15) "Pesticide" shall have the meaning of the term as defined in RCW 15.58.030 as now or hereafter amended.

     (16) "Preempted facility" means any facility that includes as a significant part of its activities any of the following operations: (a) Landfill, (b) incineration, (c) land treatment, (d) surface impoundment to be closed as a landfill, or (e) waste pile to be closed as a landfill.

     (17) "Service charge" means an assessment imposed under RCW 70.105.280 against those facilities that store, treat, incinerate, or dispose of dangerous or extremely hazardous waste that contains both a nonradioactive hazardous component and a radioactive component. Service charges shall also apply to facilities undergoing closure under this chapter in those instances where closure entails the physical characterization of remaining wastes which contain both a nonradioactive hazardous component and a radioactive component or the management of such wastes through treatment or removal, except any commercial low-level radioactive waste facility.

     (18) "Solid waste advisory committee" means the same advisory committee as per RCW 70.95.040 through 70.95.070.  [2009 c 549 § 1027; 1989 c 376 § 1; 1987 c 488 § 1; 1985 c 448 § 1; 1975-'76 2nd ex.s. c 101 § 1.] Notes:       Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).       Severability -- 1989 c 376: "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." [1989 c 376 § 4.]       Severability -- 1985 c 448: See note following RCW 70.105.005.

70.105.020 Standards and regulations  --  Adoption  --  Notice and hearing  --  Consultation with other agencies. The department after notice and public hearing shall:

     (1) Adopt regulations designating as extremely hazardous wastes subject to the provisions of this chapter those substances which exhibit characteristics consistent with the definition provided in *RCW 70.105.010(6);

     (2) Adopt and may revise when appropriate, minimum standards and regulations for disposal of extremely hazardous wastes to protect against hazards to the public, and to the environment. Before adoption of such standards and regulations, the department shall consult with appropriate agencies of interested local governments and secure technical assistance from the department of agriculture, the department of social and health services, the department of fish and wildlife, the department of natural resources, the department of labor and industries, and the **department of community, trade, and economic development, through the director of fire protection.  [1994 c 264 § 42; 1988 c 36 § 28; 1986 c 266 § 119; 1975-'76 2nd ex.s. c 101 § 2.] Notes:       Reviser's note: *(1) Due to the alphabetization of RCW 70.105.010 pursuant to RCW 1.08.015(2)(k), subsection (6) was changed to subsection (7).

     **(2) The "department of community, trade, and economic development" was renamed the "department of commerce" by 2009 c 565.       Severability -- 1986 c 266: See note following RCW 38.52.005.

70.105.025 Environmental excellence program agreements  --  Effect on chapter. Notwithstanding any other provision of law, any legal requirement under this chapter, including any standard, limitation, rule, or order is superseded and replaced in accordance with the terms and provisions of an environmental excellence program agreement, entered into under chapter 43.21K RCW.  [1997 c 381 § 23.] Notes:       Purpose -- 1997 c 381: See RCW 43.21K.005.

70.105.030 List and information to be furnished by depositor of hazardous waste  --  Rules and regulations. (1) After the effective date of the regulations adopted by the department designating extremely hazardous wastes, any person planning to dispose of extremely hazardous waste as designated by the department shall provide the operator of the disposal site with a list setting forth the extremely hazardous wastes for disposal, the amount of such wastes, the general chemical and mineral composition of such waste listed by approximate maximum and minimum percentages, and the origin of any such waste. Such list, when appropriate, shall include information on antidotes, first aid, or safety measures to be taken in case of accidental contact with the particular extremely hazardous waste being disposed.

     (2) The department shall adopt and enforce all rules and regulations including the form and content of the list, necessary and appropriate to accomplish the purposes of subsection (1) of this section.  [1975-'76 2nd ex.s. c 101 § 3.]

70.105.035 Solid wastes  --  Conditionally exempt from chapter. Solid wastes that designate as dangerous waste or extremely hazardous waste but do not designate as hazardous waste under federal law are conditionally exempt from the requirements of this chapter, if:

     (1) The waste is generated pursuant to a consent decree issued under chapter 70.105D RCW;

     (2) The consent decree characterizes the solid waste and specifies management practices and a department-approved treatment or disposal location;

     (3) The management practices are consistent with RCW 70.105.150 and are protective of human health and the environment as determined by the department of ecology; and

     (4) Waste treated or disposed of on-site will be managed in a manner determined by the department to be as protective of human health and the environment as clean-up standards pursuant to chapter 70.105D RCW.

     This section shall not be interpreted to limit the ability of the department to apply any requirement of this chapter through a consent decree issued under chapter 70.105D RCW, if the department determines these requirements to be appropriate. Neither shall this section be interpreted to limit the application of this chapter to a cleanup conducted under the federal comprehensive environmental response, compensation, and liability act (42 U.S.C. Sec. 9601 et seq., as amended).  [1994 c 254 § 5.]

70.105.040 Disposal site or facility  --  Acquisition  --  Disposal fee schedule. (1) The department through the department of general administration, is authorized to acquire interests in real property from the federal government on the Hanford Reservation by gift, purchase, lease, or other means, to be used for the purpose of developing, operating, and maintaining an extremely hazardous waste disposal site or facility by the department, either directly or by agreement with public or private persons or entities: PROVIDED, That lands acquired under this section shall not be inconsistent with a local comprehensive plan approved prior to January 1, 1976: AND PROVIDED FURTHER, That no lands acquired under this section shall be subject to land use regulation by a local government.

     (2) The department may establish an appropriate fee schedule for use of such disposal facilities to offset the cost of administration of this chapter and the cost of development, operation, maintenance, and perpetual management of the disposal site. If operated by a private entity, the disposal fee may be such as to provide a reasonable profit.  [1975-'76 2nd ex.s. c 101 § 4.]

70.105.050 Disposal at other than approved site prohibited  --  Disposal of radioactive wastes. (1) No person shall dispose of designated extremely hazardous wastes at any disposal site in the state other than the disposal site established and approved for such purpose under provisions of this chapter, except:

     (a) When such wastes are going to a processing facility which will result in the waste being reclaimed, treated, detoxified, neutralized, or otherwise processed to remove its harmful properties or characteristics; or

     (b) When such wastes are managed on-site as part of a remedial action conducted by the department or by potentially liable persons under a consent decree issued by the department pursuant to chapter 70.105D RCW.

     (2) Extremely hazardous wastes that contain radioactive components may be disposed at a radioactive waste disposal site that is (a) owned by the United States department of energy or a licensee of the nuclear regulatory commission and (b) permitted by the department and operated in compliance with the provisions of this chapter. However, prior to disposal, or as a part of disposal, all reasonable methods of treatment, detoxification, neutralization, or other waste management methodologies designed to mitigate hazards associated with these wastes shall be employed, as required by applicable federal and state laws and regulations.  [1994 c 254 § 6; 1987 c 488 § 4; 1975-'76 2nd ex.s. c 101 § 5.]

70.105.060 Review of rules, regulations, criteria and fee schedules.

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All rules, regulations, criteria, and fee schedules adopted by the department to implement the provisions of this chapter shall be reviewed by the solid waste advisory committee for the purpose of recommending revisions, additions, or modifications thereto as provided for the review of solid waste regulations and standards pursuant to chapter 70.95 RCW.  [1975-'76 2nd ex.s. c 101 § 6.]

70.105.070 Criteria for receiving waste at disposal site. The department may elect to receive dangerous waste at the site provided under this chapter, provided

     (1) it is upon request of the owner, producer, or person having custody of the waste, and

     (2) upon the payment of a fee to cover disposal

     (3) it can be reasonably demonstrated that there is no other disposal sites in the state that will handle such dangerous waste, and

     (4) the site is designed to handle such a request or can be modified to the extent necessary to adequately dispose of the waste, or

     (5) if a demonstrable emergency and potential threat to the public health and safety exists.  [1975-'76 2nd ex.s. c 101 § 7.]

70.105.080 Violations  --  Civil penalties. (1) Except as provided in RCW 43.05.060 through 43.05.080 and 43.05.150, every person who fails to comply with any provision of this chapter or of the rules adopted thereunder shall be subjected to a penalty in an amount of not more than ten thousand dollars per 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 pursuant to the procedures in RCW 43.21B.300.  [1995 c 403 § 631; 1987 c 109 § 12; 1983 c 172 § 2; 1975-'76 2nd ex.s. c 101 § 8.] Notes:       Findings -- Short title -- Intent -- 1995 c 403: See note following RCW 34.05.328.       Part headings not law -- Severability -- 1995 c 403: See RCW 43.05.903 and 43.05.904.       Purpose -- Short title -- Construction -- Rules -- Severability -- Captions -- 1987 c 109: See notes following RCW 43.21B.001.       Severability -- 1983 c 172: See note following RCW 70.105.097.

70.105.085 Violations  --  Criminal penalties. (1) Any person who knowingly transports, treats, stores, handles, disposes of, or exports a hazardous substance in violation of this chapter is guilty of: (a) A class B felony punishable according to chapter 9A.20 RCW if the person knows at the time that the conduct constituting the violation places another person in imminent danger of death or serious bodily injury; or (b) a class C felony punishable according to chapter 9A.20 RCW if the person knows that the conduct constituting the violation places any property of another person or any natural resources owned by the state of Washington or any of its local governments in imminent danger of harm.

     (2) As used in this section: (a) "Imminent danger" means that there is a substantial likelihood that harm will be experienced within a reasonable period of time should the danger not be eliminated; and (b) "knowingly" refers to an awareness of facts, not awareness of law.  [2003 c 53 § 357; 1989 c 2 § 15 (Initiative Measure No. 97, approved November 8, 1988).] Notes:       Intent -- Effective date -- 2003 c 53: See notes following RCW 2.48.180.       Short title -- Captions -- Construction -- Existing agreements -- Effective date -- Severability -- 1989 c 2: See RCW 70.105D.900 through 70.105D.921, respectively.

70.105.090 Violations  --  Gross misdemeanor. In addition to the penalties imposed pursuant to RCW 70.105.080, any person who violates any provisions of this chapter, or of the rules implementing this chapter, and any person who knowingly aids or abets another in conducting any violation of any provisions of this chapter, or of the rules implementing this chapter, shall be guilty of a gross misdemeanor and upon conviction thereof shall be punished by a fine of not less than one hundred dollars nor more than ten thousand dollars, and/or by imprisonment in the county jail for not more than one year, for each separate violation. Each and every such violation shall be a separate and distinct offense. In case of continuing violation, every day's continuance shall be a separate and distinct offense.  [1984 c 237 § 1; 1983 c 172 § 3; 1975-'76 2nd ex.s. c 101 § 9.] Notes:       Severability -- 1983 c 172: See note following RCW 70.105.097.

70.105.095 Violations  --  Orders  --  Penalty for noncompliance  --  Appeal. (1) Whenever on the basis on any information the department determines that a person has violated or is about to violate any provision of this chapter, the department may issue an order requiring compliance either immediately or within a specified period of time. The order shall be delivered by registered mail or personally to the person against whom the order is directed.

     (2) Any person who fails to take corrective action as specified in a compliance order shall be liable for a civil penalty of not more than ten thousand dollars for each day of continued noncompliance. In addition, the department may suspend or revoke any permits and/or certificates issued under the provisions of this chapter to a person who fails to comply with an order directed against him.

     (3) Any order may be appealed pursuant to RCW 43.21B.310.  [1987 c 109 § 16; 1983 c 172 § 4.] Notes:       Purpose -- Short title -- Construction -- Rules -- Severability -- Captions -- 1987 c 109: See notes following RCW 43.21B.001.       Severability -- 1983 c 172: See note following RCW 70.105.097.

70.105.097 Action for damages resulting from violation  --  Attorneys' fees. A person injured as a result of a violation of this chapter or the rules adopted thereunder may bring an action in superior court for the recovery of the damages. A conviction or imposition of a penalty under this chapter is not a prerequisite to an action under this section.

     The court may award reasonable attorneys' fees to a prevailing injured party in an action under this section.  [1983 c 172 § 1.] Notes:       Severability -- 1983 c 172: "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." [1983 c 172 § 5.]

70.105.100 Powers and duties of department. The department in performing its duties under this chapter may:

     (1) Conduct studies and coordinate research programs pertaining to extremely hazardous waste management;

     (2) Render technical assistance to generators of dangerous and extremely hazardous wastes and to state and local agencies in the planning and operation of hazardous waste programs;

     (3) Encourage and provide technical assistance to waste generators to form and operate a "waste exchange" for the purpose of finding users for dangerous and extremely hazardous wastes that would otherwise be disposed of: PROVIDED, That such technical assistance shall not violate the confidentiality of manufacturing processes; and

     (4) Provide for appropriate surveillance and monitoring of extremely hazardous waste disposal practices in the state.  [1975-'76 2nd ex.s. c 101 § 10.]

70.105.105 Duty of department to regulate PCB waste. The department of ecology shall regulate under chapter 70.105 RCW, wastes generated from the salvaging, rebuilding, or discarding of transformers or capacitors that have been sold or otherwise transferred for salvage or disposal after the completion or termination of their useful lives and which contain polychlorinated biphenyls (PCB's) and whose disposal is not regulated under 40 C.F.R. part 761. Nothing in this section shall prohibit such wastes from being incinerated or disposed of at facilities permitted to manage PCB wastes under 40 C.F.R. part 761.  [1985 c 65 § 1.]

70.105.109 Regulation of wastes with radioactive and hazardous components. The department of ecology may regulate all hazardous wastes, including those composed of both radioactive and hazardous components, to the extent it is not preempted by federal law.  [1987 c 488 § 2.]

70.105.110 Regulation of dangerous wastes associated with energy facilities. (1) Nothing in this chapter shall alter, amend, or supersede the provisions of chapter 80.50 RCW, except that, notwithstanding any provision of chapter 80.50 RCW, regulation of dangerous wastes associated with energy facilities from generation to disposal shall be solely by the department pursuant to chapter 70.105 RCW. In the implementation of said section, the department shall consult and cooperate with the energy facility site evaluation council and, in order to reduce duplication of effort and to provide necessary coordination of monitoring and on-site inspection programs at energy facility sites, any on-site inspection by the department that may be required for the purposes of this chapter shall be performed pursuant to an interagency coordination agreement with the council.

     (2) To facilitate the implementation of this chapter, the energy facility site evaluation council may require certificate holders to remove from their energy facility sites any dangerous wastes, controlled by this chapter, within ninety days of their generation.  [1987 c 488 § 3; 1984 c 237 § 3; 1975-'76 2nd ex.s. c 101 § 11.]

70.105.111 Radioactive wastes  --  Authority of department of social and health services. Nothing in this chapter diminishes the authority of the department of social and health services to regulate the radioactive portion of mixed wastes pursuant to chapter 70.98 RCW.  [1987 c 488 § 5.]

70.105.112 Application of chapter to special incinerator ash. This chapter does not apply to special incinerator ash regulated under chapter 70.138 RCW except that, for purposes of RCW 4.22.070(3)(a), special incinerator ash shall be considered hazardous waste.  [1987 c 528 § 9.] Notes:       Severability -- 1987 c 528: See RCW 70.138.902.

70.105.116 Hazardous substance remedial actions  --  Procedural requirements not applicable. The procedural requirements of this chapter shall not apply to any person conducting a remedial action at a facility pursuant to a consent decree, order, or agreed order issued pursuant to chapter 70.105D RCW, or to the department of ecology when it conducts a remedial action under chapter 70.105D RCW. The department of ecology shall ensure compliance with the substantive requirements of this chapter through the consent decree, order, or agreed order issued pursuant to chapter 70.105D RCW, or during the department-conducted remedial action, through the procedures developed by the department pursuant to RCW 70.105D.090.  [1994 c 257 § 17.] Notes:       Severability -- 1994 c 257: See note following RCW 36.70A.270.

70.105.120 Authority of attorney general. At the request of the department, the attorney general is authorized to bring such injunctive, declaratory, or other actions to enforce any requirement of this chapter.  [1980 c 144 § 2.]

70.105.130 Department's powers as designated agency under federal act. (1) The department is designated as the state agency for implementing the federal resource conservation and recovery act (42 U.S.C. Sec. 6901 et seq.).

     (2) The power granted to the department by this section is the authority to:

     (a) Establish a permit system for owners or operators of facilities which treat, store, or dispose of dangerous wastes: PROVIDED, That spent containers of pesticides or herbicides which have been used in normal farm operations and which are not extremely hazardous wastes, shall not be subject to the permit system;

     (b) Establish standards for the safe transport, treatment, storage, and disposal of dangerous wastes as may be necessary to protect human health and the environment;

     (c) Establish, to implement this section:

     (i) A manifest system to track dangerous wastes;

     (ii) Reporting, monitoring, recordkeeping, labeling, sampling requirements; and

     (iii) Owner, operator, and transporter responsibility;

     (d) Enter at reasonable times establishments regulated under this section for the purposes of inspection, monitoring, and sampling; and

     (e) Adopt rules necessary to implement this section.  [1980 c 144 § 1.]

70.105.135 Copies of notification forms or annual reports to officials responsible for fire protection. Any person who generates, treats, stores, disposes, or otherwise handles dangerous or extremely hazardous wastes shall provide copies of any notification forms, or annual reports that are required pursuant to RCW 70.105.130 to the fire departments or fire districts that service the areas in which the wastes are handled upon the request of the fire departments or fire districts. In areas that are not serviced by a fire department or fire district, the forms or reports shall be provided to the sheriff or other county official designated pursuant to *RCW 48.48.060 upon the request of the sheriff or other county official. This section shall not apply to the transportation of hazardous wastes.  [1986 c 82 § 1.] Notes:       *Reviser's note: RCW 48.48.060 was recodified as RCW 43.44.050 pursuant to 2006 c 25 § 13.

70.105.140 Rules implemented under RCW 70.105.130  --  Review. Rules implementing RCW 70.105.130 shall be submitted to the house and senate committees on ecology for review prior to being adopted in accordance with chapter 34.05 RCW.  [1980 c 144 § 3.]

70.105.145 Department's authority to participate in and administer federal act. Notwithstanding any other provision of chapter 70.105 RCW, the department of ecology is empowered to participate fully in and is empowered to administer all aspects of the programs of the federal Resource Conservation and Recovery Act, as it exists on June 7, 1984, (42 U.S.C. Sec. 6901 et seq.), contemplated for participation and administration by a state under that act.  [1984 c 237 § 2; 1983 c 270 § 2.] Notes:       Severability -- 1983 c 270: See note following RCW 90.48.260.

70.105.150 Declaration  --  Management of hazardous waste  --  Priorities  --  Definitions. The legislature hereby declares that:

     (1) The health and welfare of the people of the state depend on clean and pure environmental resources unaffected by hazardous waste contamination. Management and regulation of hazardous waste disposal should encourage practices which result in the least amount of waste being produced. Towards that end, the legislature finds that the following priorities in the management of hazardous waste are necessary and should be followed in order of descending priority as applicable:

     (a) Waste reduction;

     (b) Waste recycling;

     (c) Physical, chemical, and biological treatment;

     (d) Incineration;

     (e) Solidification/stabilization treatment;

     (f) Landfill.

     (2) As used in this section:

     (a) "Waste reduction" means reducing waste so that hazardous by-products are not produced;

     (b) "Waste recycling" means reusing waste materials and extracting valuable materials from a waste stream;

     (c) "Physical, chemical, and biological treatment" means processing the waste to render it completely innocuous, produce a recyclable by-product, reduce toxicity, or substantially reduce the volume of material requiring disposal;

     (d) "Incineration" means reducing the volume or toxicity of wastes by use of an enclosed device using controlled flame combustion;

     (e) "Solidification/stabilization treatment" means the use of encapsulation techniques to solidify wastes and make them less permeable or leachable; and

     (f) "Landfill" means a disposal facility, or part of a facility, at which waste is placed in or on land and which is not a land treatment facility, surface impoundment, or injection well.  [1983 1st ex.s. c 70 § 1.]

70.105.160 Waste management study  --  Public hearings  --  Adoption or modification of rules.

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The department shall conduct a study to determine the best management practices for categories of waste for the priority waste management methods established in RCW 70.105.150, with due consideration in the course of the study to sound environmental management and available technology. As an element of the study, the department shall review methods that will help achieve the priority of RCW 70.105.150(1)(a), waste reduction. Before issuing any proposed rules, the department shall conduct public hearings regarding the best management practices for the various waste categories studied by the department. After conducting the study, the department shall prepare new rules or modify existing rules as appropriate to promote implementation of the priorities established in RCW 70.105.150 for management practices which assure use of sound environmental management techniques and available technology. The preliminary study shall be completed by July 1, 1986, and the rules shall be adopted by July 1, 1987. The solid waste advisory committee shall review the studies and the new or modified rules.

     The studies shall be updated at least once every five years. The funding for these studies shall be from the hazardous waste control and elimination account, subject to legislative appropriation.  [1998 c 245 § 110; 1984 c 254 § 2; 1983 1st ex.s. c 70 § 2.] Notes:       Severability -- 1984 c 254: "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." [1984 c 254 § 3.]

70.105.165 Disposal of dangerous wastes at commercial off-site land disposal facilities  --  Limitations. (1) Independent of the processing or issuance of any or all federal, state, and local permits for disposal of dangerous wastes, no disposal of dangerous wastes at a commercial off-site land disposal facility may be undertaken prior to July 1, 1986, unless:

     (a) The disposal results from actions taken under *RCW 70.105A.060 (2) and (3), or results from other emergency situations; or

     (b) Studies undertaken by the department under RCW 70.105.160 to determine the best management practices for various waste categories under the priority waste management methods established in RCW 70.105.150 are completed for the particular wastes or waste categories to be disposed of and any regulatory revisions deemed necessary by the department are proposed and do not prohibit land disposal of such wastes; or

     (c) Final regulations have been adopted by the department that allow for such disposal.

     (2) Construction of facilities used solely for the purpose of disposal of wastes that have not met the requirements of subsection (1) of this section shall not be undertaken by any developer of a dangerous waste disposal facility.

     (3) The department shall prioritize the studies of waste categories undertaken under RCW 70.105.160 to provide initial consideration of those categories most likely to be suitable for land disposal. Any regulatory changes deemed necessary by the department shall be proposed and subjected to the rule-making process by category as the study of each waste category is completed. All of the study shall be completed, and implementing regulations proposed, by July 1, 1986.

     (4) Any final permit issued by the department before the adoption of rules promulgated as a result of the study conducted under RCW 70.105.160 shall be modified as necessary to be consistent with such rules.  [1984 c 254 § 1.] Notes:       *Reviser's note: RCW 70.105A.060 was repealed by 1990 c 114 § 21.       Severability -- 1984 c 254: See note following RCW 70.105.160.

70.105.170 Waste management  --  Consultative services  --  Technical assistance  --  Confidentiality. Consistent with the purposes of RCW 70.105.150 and 70.105.160, the department is authorized to promote the priority waste management methods listed in RCW 70.105.150 by establishing or assisting in the establishment of: (1) Consultative services which, in conjunction with any business or industry requesting such service, study and recommend alternative waste management practices; and (2) technical assistance, such as a toll-free telephone service, to persons interested in waste management alternatives. Any person receiving such service or assistance may, in accordance with state law, request confidential treatment of information about their manufacturing or business practices.  [1983 1st ex.s. c 70 § 3.]

70.105.180 Disposition of fines and penalties  --  Earnings. All fines and penalties collected under this chapter shall be deposited in the hazardous waste control and elimination account, which is hereby created in the state treasury. Moneys in the account collected from fines and penalties shall be expended exclusively by the department of ecology for the purposes of chapter 70, Laws of 1983 1st ex. sess., subject to legislative appropriation. Other sources of funds deposited in this account may also be used for the purposes of chapter 70, Laws of 1983 1st ex. sess. All earnings of investments of balances in the hazardous waste control and elimination account shall be credited to the general fund.  [1985 c 57 § 70; 1983 1st ex.s. c 70 § 4.] Notes:       Effective date -- 1985 c 57: See note following RCW 18.04.105.

70.105.200 Hazardous waste management plan. (1) The department shall develop, and shall update at least once every five years, a state hazardous waste management plan. The plan shall include, but shall not be limited to, the following elements:

     (a) A state inventory and assessment of the capacity of existing facilities to treat, store, dispose, or otherwise manage hazardous waste;

     (b) A forecast of future hazardous waste generation;

     (c) A description of the plan or program required by RCW 70.105.160 to promote the waste management priorities established in RCW 70.105.150;

     (d) Siting criteria as appropriate for hazardous waste management facilities, including such criteria as may be appropriate for the designation of eligible zones for designated zone facilities. However, these criteria shall not prevent the continued operation, at or below the present level of waste management activity, of existing facilities on the basis of their location in areas other than those designated as eligible zones pursuant to RCW 70.105.225;

     (e) Siting policies as deemed appropriate by the department; and

     (f) A plan or program to provide appropriate public information and education relating to hazardous waste management. The department shall ensure to the maximum degree practical that these plans or programs are coordinated with public education programs carried out by local government under RCW 70.105.220.

     (2) The department shall seek, encourage, and assist participation in the development, revision, and implementation of the state hazardous waste management plan by interested citizens, local government, business and industry, environmental groups, and other entities as appropriate.

     (3) Siting criteria shall be completed by December 31, 1986. Other plan components listed in subsection (1) of this section shall be completed by June 30, 1987.

     (4) The department shall incorporate into the state hazardous waste management plan those elements of the local hazardous waste management plans that it deems necessary to assure effective and coordinated programs throughout the state.  [1985 c 448 § 4.] Notes:       Severability -- 1985 c 448: See note following RCW 70.105.005.

70.105.210 Hazardous waste management facilities  --  Department to develop criteria for siting. By May 31, 1990, the department shall develop and adopt criteria for the siting of hazardous waste management facilities. These criteria will be part of the state hazardous waste management plan as described in RCW 70.105.200. To the extent practical, these criteria shall be designed to minimize the short-term and long-term risks and costs that may result from hazardous waste management facilities. These criteria may vary by type of facilities and may consider natural site characteristics and engineered protection. Criteria may be established for:

     (1) Geology;

     (2) Surface and groundwater hydrology;

     (3) Soils;

     (4) Flooding;

     (5) Climatic factors;

     (6) Unique or endangered flora and fauna;

     (7) Transportation routes;

     (8) Site access;

     (9) Buffer zones;

     (10) Availability of utilities and public services;

     (11) Compatibility with existing uses of land;

     (12) Shorelines and wetlands;

     (13) Sole-source aquifers;

     (14) Natural hazards; and

     (15) Other factors as determined by the department.  [1989 1st ex.s. c 13 § 2; 1985 c 448 § 5.] Notes:       Severability -- 1985 c 448: See note following RCW 70.105.005.

70.105.215 Department to adopt rules for permits for hazardous substances treatment facilities. The legislature recognizes the need for new, modified, or expanded facilities to treat, incinerate, or otherwise process or dispose of hazardous substances safely. In order to encourage the development of such facilities, the department shall adopt rules as necessary regarding the permitting of such facilities to ensure the most expeditious permit processing possible consistent with the substantive requirements of applicable law. If owners and operators are not the same entity, the operator shall be the permit applicant and responsible for the development of the permit application and all accompanying materials, as long as the owner also signs the application and certifies its ownership of the real property described in the application, and acknowledges its awareness of the contents of the application and receipt of a copy thereof.  [1986 c 210 § 3.]

70.105.217 Local government regulatory authority to prohibit or condition. Nothing in this chapter shall alter or affect the regulatory authority of a county, city, or jurisdictional health district to condition or prohibit the acceptance of hazardous waste in a county or city landfill.  [1994 c 254 § 7.]

70.105.220 Local governments to prepare local hazardous waste plans  --  Basis  --  Elements required. (1) Each local government, or combination of contiguous local governments, is directed to prepare a local hazardous waste plan which shall be based on state guidelines and include the following elements:

     (a) A plan or program to manage moderate-risk wastes that are generated or otherwise present within the jurisdiction. This element shall include an assessment of the quantities, types, generators, and fate of moderate-risk wastes in the jurisdiction. The purpose of this element is to develop a system of managing moderate-risk waste, appropriate to each local area, to ensure protection of the environment and public health;

     (b) A plan or program to provide for ongoing public involvement and public education in regard to the management of moderate-risk waste. This element shall provide information regarding:

     (i) The potential hazards to human health and the environment resulting from improper use and disposal of the waste; and

     (ii) Proper methods of handling, reducing, recycling, and disposing of the waste;

     (c) An inventory of all existing generators of hazardous waste and facilities managing hazardous waste within the jurisdiction. This inventory shall be based on data provided by the department;

     (d) A description of the public involvement process used in developing the plan;

     (e) A description of the eligible zones designated in accordance with RCW 70.105.225. However, the requirement to designate eligible zones shall not be considered part of the local hazardous waste planning requirements; and

     (f) Other elements as deemed appropriate by local government.

     (2) To the maximum extent practicable, the local hazardous waste plan shall be coordinated with other hazardous materials-related plans and policies in the jurisdiction.

     (3) Local governments shall coordinate with those persons involved in providing privately owned hazardous and moderate-risk waste facilities and services as follows: If a local government determines that a moderate-risk waste will be or is adequately managed by one or more privately owned facilities or services at a reasonable price, the local government shall take actions to encourage the use of that private facility or service. Actions taken by a local government under this subsection may include, but are not limited to, restricting or prohibiting the land disposal of a moderate-risk waste at any transfer station or land disposal facility within its jurisdiction.

     (4)(a) The department shall prepare guidelines for the development of local hazardous waste plans. The guidelines shall be prepared in consultation with local governments and shall be completed by December 31, 1986. The guidelines shall include a list of substances identified as hazardous household substances.

     (b) In preparing the guidelines under (a) of this subsection, the department shall review and assess information on pilot projects that have been conducted for moderate-risk waste management. The department shall encourage additional pilot projects as needed to provide information to improve and update the guidelines.

     (5) The department shall consult with retailers, trade associations, public interest groups, and appropriate units of local government to encourage the development of voluntary public education programs on the proper handling of hazardous household substances.

     (6) Local hazardous waste plans shall be completed and submitted to the department no later than June 30, 1990. Local governments may from time to time amend the local plan.

     (7) Each local government, or combination of contiguous local governments, shall submit its local hazardous waste plan or amendments thereto to the department. The department shall approve or disapprove local hazardous waste plans or amendments by December 31, 1990, or within ninety days of submission, whichever is later. The department shall approve a local hazardous waste plan if it determines that the plan is consistent with this chapter and the guidelines under subsection (4) of this section. If approval is denied, the department shall submit its objections to the local government within ninety days of submission. However, for plans submitted between January 1, 1990, and June 30, 1990, the department shall have one hundred eighty days to submit its objections. No local government is eligible for grants under RCW 70.105.235 for implementing a local hazardous waste plan unless the plan for that jurisdiction has been approved by the department.

     (8) Each local government, or combination of contiguous local governments, shall implement the local hazardous waste plan for its jurisdiction by December 31, 1991.

     (9) The department may waive the specific requirements of this section for any local government if such local government demonstrates to the satisfaction of the department that the objectives of the planning requirements have been met.  [1992 c 17 § 1; 1986 c 210 § 1; 1985 c 448 § 6.] Notes:       Severability -- 1985 c 448: See note following RCW 70.105.005.  Used oil recycling element: RCW 70.95I.020.

70.105.221 Local governments to prepare local hazardous waste plans  --  Used oil recycling element. Local governments and combinations of local governments shall amend their local hazardous waste plans required under RCW 70.105.220 to comply with RCW 70.95I.020.  [1991 c 319 § 312.] Notes:       Severability -- Part headings not law -- 1991 c 319: See RCW 70.95F.900 and 70.95F.901.

70.105.225 Local governments to designate zones  --  Departmental guidelines  --  Approval of local government zone designations or amendments  --  Exemption. (1) Each local government, or combination of contiguous local governments, is directed to: (a) Demonstrate to the satisfaction of the department that existing zoning allows designated zone facilities as permitted uses; or (b) designate land use zones within its jurisdiction in which designated zone facilities are permitted uses. The zone designations shall be consistent with the state siting criteria adopted in accordance with RCW 70.105.210, except as may be approved by the department in accordance with subsection (6) of this section.

     (2) Local governments shall not prohibit the processing or handling of hazardous waste in zones in which the processing or handling of hazardous substances is not prohibited. This subsection does not apply in residential zones.

     (3) The department shall prepare guidelines, as appropriate, for the designation of zones under this section. The guidelines shall be prepared in consultation with local governments and shall be completed by December 31, 1986.

     (4) The initial designation of zones shall be completed or revised, and submitted to the department within eighteen months after the enactment of siting criteria in accordance with RCW 70.105.210. Local governments that do not comply with this submittal deadline shall be subject to the preemptive provisions of RCW 70.105.240(4) until such time as zone designations are completed and approved by the department. Local governments may from time to time amend their designated zones.

     (5) Local governments without land use zoning provisions shall designate eligible geographic areas within their jurisdiction, based on siting criteria adopted in accordance with RCW 70.105.210. The area designation shall be subject to the same requirements as if they were zone designations.

     (6) Each local government, or combination of contiguous local governments, shall submit its designation of zones or amendments thereto to the department. The department shall approve or disapprove zone designations or amendments within ninety days of submission. The department shall approve eligible zone designations if it determines that the proposed zone designations are consistent with this chapter, the applicable siting criteria, and guidelines for developing designated zones: PROVIDED, That the department shall consider local zoning in place as of January 1, 1985, or other special situations or conditions which may exist in the jurisdiction. If approval is denied, the department shall state within ninety days from the date of submission the facts upon which that decision is based and shall submit the statement to the local government together with any other comments or recommendations it deems appropriate. The local government shall have ninety days after it receives the statement from the department to make modifications designed to eliminate the inconsistencies and resubmit the designation to the department for approval. Any designations shall take effect when approved by the department.

     (7) The department may exempt a local government from the requirements of this section if:

     (a) Regulated quantities of hazardous waste have not been generated within the jurisdiction during the two calendar years immediately preceding the calendar year during which the exemption is requested; and

     (b) The local government can demonstrate to the satisfaction of the department that no significant portion of land within the jurisdiction can meet the siting criteria adopted in accordance with RCW 70.105.210.  [1989 1st ex.s. c 13 § 1; 1985 c 448 § 7.] Notes:       Severability -- 1985 c 448: See note following RCW 70.105.005.

70.105.230 Local governments to submit letter of intent to identify or designate zones and submit management plans  --  Department to prepare plan in event of failure to act. (1) Each local government is directed to submit to the director of the department by October 31, 1987, a letter of intent stating that it intends to (a) identify, or designate if necessary, eligible zones for designated zone facilities no later than June 30, 1988, and (b) submit a complete local hazardous waste management plan to the department no later than June 30, 1990. The letters shall also indicate whether these requirements will be completed in conjunction with other local governments.

     (2) If any local government fails to submit a letter as provided in subsection (1)(b) of this section, or fails to adopt a local hazardous waste plan for its jurisdiction in accordance with the time schedule provided in this chapter, or fails to secure approval from the department for its local hazardous waste plan in accordance with the time schedule provided in this chapter, the department shall prepare a hazardous waste plan for the local jurisdiction.  [1985 c 448 § 8.] Notes:       Severability -- 1985 c 448: See note following RCW 70.105.005.

70.105.235 Grants to local governments for plan preparation, implementation, and designation of zones  --  Matching funds  --  Qualifications. (1) Subject to legislative appropriations, the department may make and administer grants to local governments for (a) preparing and updating local hazardous waste plans, (b) implementing approved local hazardous waste plans, and (c) designating eligible zones for designated zone facilities as required under this chapter.

     (2) Local governments shall match the funds provided by the department for planning or designating zones with an amount not less than twenty-five percent of the estimated cost of the work to be performed. Local governments may meet their share of costs with cash or contributed services. Local governments, or combination of contiguous local governments, conducting pilot projects pursuant to RCW 70.105.220(4) may subtract the cost of those pilot projects conducted for hazardous household substances from their share of the cost. If a pilot project has been conducted for all moderate-risk wastes, only the portion of the cost that applies to hazardous household substances shall be subtracted. The matching funds requirement under this subsection shall be waived for local governments, or combination of contiguous local governments, that complete and submit their local hazardous waste plans under RCW 70.105.220(6) prior to June 30, 1988.

     (3) Recipients of grants shall meet such qualifications and follow such procedures in applying for and using grants as may be established by the department.  [1986 c 210 § 2; 1985 c 448 § 9.] Notes:       Severability -- 1985 c 448: See note following RCW 70.105.005.

70.105.240 State preemption  --  Department sole authority  --  Local requirements superseded  --  State authority over designated zone facilities. (1) As of July 28, 1985, the state preempts the field of state, regional, or local permitting and regulating of all preempted facilities as defined in this chapter. The department of ecology is designated the sole decision-making authority with respect to permitting and regulating such facilities and no other state agency, department, division, bureau, commission, or board, or any local or regional political subdivision of the state, shall have any permitting or regulatory authority with respect to such facilities including, but not limited to, the location, construction, and operation of such facilities. Permits issued by the department shall be in lieu of any and all permits, approvals, certifications, or conditions of any other state, regional, or local governmental authority which would otherwise apply.

     (2) The department shall ensure that any permits issued under this chapter invoking the preemption authority of this section meet the substantive requirements of existing state laws and regulations to the extent such laws and regulations are not inconsistent or in conflict with any of the provisions of this chapter. In the event that any of the provisions of this chapter, or any of the regulations promulgated hereunder, are in conflict with any other state law or regulations, such other law or regulations shall be deemed superseded for purposes of this chapter.

     (3) As of July 28, 1985, any ordinances, regulations, requirements, or restrictions of regional or local governmental authorities regarding the location, construction, or operation of preempted facilities shall be deemed superseded. However, in issuing permits under this section, the department shall consider local fire and building codes and condition such permits as appropriate in compliance therewith.

     (4) Effective July 1, 1988, the department shall have the same preemptive authority as defined in subsections (1) through (3) of this section in regard to any designated zone facility that may be proposed in any jurisdiction where the designation of eligible zones pursuant to RCW 70.105.225 has not been completed and approved by the department. Unless otherwise preempted by this subsection, designated zone facilities shall be subject to all applicable state and local laws, regulations, plans, and other requirements.  [1985 c 448 § 10.] Notes:       Severability -- 1985 c 448: See note following RCW 70.105.005.

70.105.245 Department may require notice of intent for management facility permit. The department may adopt rules to require any person who intends to file an application for a permit for a hazardous waste management facility to file a notice of intent with the department prior to submitting the application.  [1985 c 448 § 11.] Notes:       Severability -- 1985 c 448: See note following RCW 70.105.005.

70.105.250 Appeals to pollution control hearings board. Any disputes between the department and the governing bodies of local governments in regard to the local planning requirements under RCW 70.105.220 and the designation of zones under RCW 70.105.225 may be appealed by the department or the governing body of the local government to the pollution control hearings board established under chapter 43.21B RCW.  [1985 c 448 § 12.] Notes:       Severability -- 1985 c 448: See note following RCW 70.105.005.

70.105.255 Department to provide technical assistance with local plans. The department shall provide technical assistance to local governments in the preparation, review, revision, and implementation of local hazardous waste plans.  [1985 c 448 § 13.] Notes:       Severability -- 1985 c 448: See note following RCW 70.105.005.

70.105.260 Department to assist conflict resolution activities related to siting facilities  --  Agreements may constitute conditions for permit. (1) In order to promote identification, discussion, negotiation, and resolution of issues related to siting of hazardous waste management facilities, the department:

     (a) Shall compile and maintain information on the use and availability of conflict resolution techniques and make this information available to industries, state and local government officials, and other citizens;

     (b) Shall encourage and assist in facilitating conflict resolution activities, as appropriate, between facility proponents, host communities, and other interested persons;

     (c) May adopt rules specifying procedures for facility proponents, host communities, and citizens to follow in providing opportunities for conflict resolution activities, including the use of dispute resolution centers established pursuant to chapter 7.75 RCW; and

     (d) May expend funds to support such conflict resolution activities, and may adopt rules as appropriate to govern the support.

     (2) Any agreements reached under the processes described in subsection (1) of this section and deemed valid by the department may be written as conditions binding on a permit issued under this chapter.  [1985 c 448 § 14.] Notes:       Severability -- 1985 c 448: See note following RCW 70.105.005.

70.105.270 Requirements of RCW 70.105.200 through 70.105.230 and 70.105.240(4) not mandatory without legislative appropriation. The requirements of RCW 70.105.200 through 70.105.230 and 70.105.240(4) shall not become mandatory until funding is appropriated by the legislature.  [1985 c 448 § 15.] Notes:       Severability -- 1985 c 448: See note following RCW 70.105.005.

70.105.280 Service charges. (1) The department may assess reasonable service charges against those facilities that store, treat, incinerate, or dispose of dangerous or extremely hazardous waste that contains both a nonradioactive hazardous component and a radioactive component or which are undergoing closure under this chapter in those instances where closure entails the physical characterization of remaining wastes which contain both a nonradioactive hazardous component and a radioactive component or the management of such wastes through treatment or removal, except any commercial low-level radioactive waste facility. Service charges may not exceed the costs to the department in carrying out the duties of this section.

     (2) Program elements or activities for which service charges may be assessed include:

     (a) Office, staff, and staff support for the purposes of facility or unit permit development, review, and issuance; and

     (b) Actions taken to determine and ensure compliance with the state's hazardous waste management act.

     (3) Moneys collected through the imposition of such service charges shall be deposited in the state toxics control account.

     (4) The department shall adopt rules necessary to implement this section. Facilities that store, treat, incinerate, or dispose of dangerous or extremely hazardous waste that contains both a nonradioactive hazardous component and a radioactive component shall not be subject to service charges prior to such rule making. Facilities undergoing closure under this chapter in those instances where closure entails the physical characterization of remaining wastes which contain both a nonradioactive hazardous component and a radioactive component or the management of such wastes through treatment or removal shall not be subject to service charges prior to such rule making.  [1989 c 376 § 2.] Notes:       Severability -- 1989 c 376: See note following RCW 70.105.010.

70.105.300 Metals mining and milling operations permits  --  Inspections by department of ecology. If a metals mining and milling operation is issued a permit pursuant to this chapter, then it will be subject to special inspection requirements. The department of ecology shall inspect these mining operations at least quarterly in order to ensure that the operation is in compliance with the conditions of any permit issued to it pursuant to this chapter. The department shall conduct additional inspections during the construction phase of the mining operation in order to ensure compliance with this chapter.  [1994 c 232 § 19.] Notes:       Severability -- 1994 c 232: See RCW 78.56.900.       Effective date -- 1994 c 232 §§ 6-8 and 18-22: See RCW 78.56.902.

70.105.900 Short title  --  1985 c 448. This chapter shall be known and may be cited as the hazardous waste management act.  [1985 c 448 § 16.] Notes:       Severability -- 1985 c 448: See note following RCW 70.105.005.