[Federal Register Volume 78, Number 104 (Thursday, May 30, 2013)]
[Notices]
[Pages 32524-32527]
[FR Doc No: 2013-12847]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-69638; File No. SR-CBOE-2013-055]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing of a Proposed Rule Change To Amend Its
Rules Regarding the Trading of XSP Options

May 24, 2013.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on May 14, 2013, Chicago Board Options Exchange, Incorporated (the
``Exchange'' or ``CBOE'') filed with the Securities and Exchange
Commission (the ``Commission'') the proposed rule change as described
in Items I, II, and III below, which Items have been prepared by the
Exchange. The Commission is publishing this notice to solicit comments
on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend its rules regarding the trading of
XSP options. The text of the proposed rule change is available on the
Exchange's Web site (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at

the Exchange's Office of the Secretary, and at the Commission's Public
Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend its rules regarding the trading of
XSP options (which have 1/10 the value of the S&P 500 Index options).
First, the Exchange proposes to amend Interpretation and Policy .14 to
Rule 24.9 to state that the Exchange may list options on XSP whose
exercise settlement value is derived from closing prices on the last
trading day prior to expiration (``P.M.-settled''). The Exchange
currently offers the SPXPM options class, which are P.M.-settled
options on the S&P 500 Index. SPXPM trades on a pilot basis, which
pilot period is to end 12 months from the approval date (which was
February 8, 2013). The Exchange proposes to add P.M.-settled XSP
options to the SPXPM pilot program (and to insert the date February 8,
2014 in place of ``[insert date 12 months from approval]'' to designate
the end date of the pilot period). CBOE proposes to abide by the same
reporting requirements for the trading of P.M.-settled XSP under this
pilot program as the Exchange does for the trading of SPXPM.\3\ Upon
approval of this proposed rule change, the Exchange would change the
trading symbol for A.M.-settled XSP options, allow any series with open
interest in A.M.-settled XSP options to expire, delete any A.M.-settled
XSP series without open interest and, going forward, only list XSP
series that are P.M.-settled. The purpose of this proposed change is to
permit the trading of XSP options on a P.M.-settled basis, as the
Exchange believes that this will encourage greater trading in XSP
options.
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    \3\ For the details of these reporting requirements, see
Securities Exchange Act Release Nos. 68888 (February 8, 2013), 78 FR
10668 (February 14, 2013) and 68457 (December 18, 2012), 77 FR 76135
(December 26, 2012) (SR-CBOE-2012-120).
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    The Exchange proposes to make a number of corresponding amendments
to its rules in conjunction with the proposed trading of XSP options on
a P.M.-settled basis.
    First, Interpretation and Policy .04 to Rule 24.6 states that on
the last trading day, transactions in expiring PM-settled S&P 500 Index
options (SPXPM) may be effected on the Exchange between the hours of
8:30 a.m. and 3:00 p.m. (as opposed to the normal trading hours for
non-expiring SPXPM options, which are from 8:30 a.m. until 3:15
p.m.).\4\ The Exchange proposes to add P.M.-settled XSP options to this
statement.\5\
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    \4\ All times referenced are Chicago time.
    \5\ The proposed Interpretation and Policy .04 to Rule 24.6
would read: On their last trading day, transactions in expiring
P.M.-settled S&P 500 Index options (SPXPM) and P.M.-settled XSP
options may be effected on the Exchange between the hours of 8:30
a.m. (Chicago time) and 3:00 p.m. (Chicago time).
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    XSP options (which are based on the S&P 500 Index) are typically
priced in the market based on corresponding futures values. The primary
listing markets for the component securities that comprise the S&P 500
close trading in those securities at 3:00 p.m. The primary listing
exchanges for the component securities disseminate closing prices of
the component securities, which are used to calculate the exercise
settlement value of the S&P 500. CBOE believes that, under normal
trading circumstances, the primary listing markets have sufficient
bandwidth to prevent any data queuing that would cause any trades that
are executed prior to the closing time from being reported after 3:00
p.m. Despite the fact that the exercise settlement value will be fixed
at or soon after 3:00 p.m., if the Exchange did not close trading in
expiring P.M.-settled XSP options at 3:00 p.m. on their last trading
day, trading in expiring P.M.-settled XSP options would continue for an
additional fifteen minutes until 3:15 p.m. and would not be priced on
corresponding futures values, but rather the known cash value. At the
same time, the prices of non-expiring P.M.-settled XSP options series
would continue to move and be priced in response to changes in
corresponding futures prices.
    A potential pricing divergence could occur between 3:00 p.m. and
3:15 p.m. on the final trading day in expiring P.M.-settled XSP options
(e.g., switch from pricing off of futures to cash). Further, the switch
from pricing off of futures to cash can be a difficult and risky
switchover for liquidity providers. As a result, without closing
expiring contracts at 3:00 p.m., it is foreseeable that Market-Makers
would react by widening spreads in order to compensate for the
additional risk. Therefore, the Exchange believes that, in order to
mitigate potential investor confusion and the potential for increased
costs to investors, it is appropriate to cease trading in the expiring
P.M.-settled contracts of SPXPM and XSP with P.M.-settlement, as they
are based on the S&P 500 Index, at 3:00 p.m. The Exchange does not
believe that the proposed change will impact volatility on the
underlying cash market at the close on third Fridays. Further, the
Exchange already closes trading on the last trading day for
transactions in expiring SPXPM options at 3:00 p.m.
    The Exchange also proposes to amend Interpretation and Policy .03
to Rule 6.42 regarding minimum increments for bids and offers for XSP
options. Currently, the minimum increments for bids and offers for XSP
options are $0.01 for all option series quoted below $3 (including
LEAPS) and $0.05 for all option series $3 and above (including
LEAPS).\6\ However, the current minimum increments for bids and offers
for SPY options, which is an exchange-traded fund that tracks the
performance of 1/10th the value of the S&P 500 Index, is $0.01
regardless of whether option series is quoted above, at, or below
$3.\7\ Because both XSP options and SPY options prices are based, in
some manner, on 1/10th the price of the S&P 500 Index, the Exchange
believes that it is important that these products have the same minimum
increments for consistency and competitive reasons. As such, the
Exchange proposes to state that for so long as SPY options participate
in the Penny Pilot program, the minimum increments for XSP are $0.01
for all options series (including LEAPS).\8\
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    \6\ This minimum increment pricing regime for XSP options was
established in 2007, and was established in the same amounts that
were concurrently approved for physically settled options on the
SPDR S&P 500 ETF (``SPY''). See Securities Exchange Act Release No.
56565 (September 27, 2007), 72 FR 56403 (October 3, 2007) (approval
of SR-CBOE-2007-98, which extended and expanded the Penny Pilot
Program).
    \7\ The minimum increment for all option series in the SPY
option class became $0.01 in 2010. See Securities Exchange Act
Release No. 61478 (February 3, 2010), 75 FR 6762 (February 10, 2010)
(SR-CBOE-2010-009).
    \8\ The proposed Interpretation and Policy .03 to Rule 6.42
would read: For so long as SPDR options (SPY) and options on
Diamonds (DIA) participate in the Penny Pilot Program, the minimum
increments for Mini-SPX Index Options (XSP) are $0.01 for all
options series (including LEAPS) and for options on the Dow Jones
Industrial Average (DJX) are $0.01 for all option series quoted
below $3 (including LEAPS), and $0.05 for all option series $3 and
above (including LEAPS).

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    The Exchange also proposes to amend its rules regarding strike
price intervals for XSP options. Currently, Interpretation and Policy
.11 to Rule 24.9 states that [n]otwithstanding Interpretation and
Policy .01(a) to Rule 24.9, the interval between strike prices of
series of XSP options will be $1 or greater, subject to a number of
somewhat-involved conditions.\9\ The Exchange proposes to simplify
these rules and provide that the interval between strike prices of
series of XSP options will be $1 or greater where the strike price is
$300 or less and $5.00 or greater where the strike price is greater
than $300. Along with simplifying XSP's strike price interval rules,
allowing strike price intervals of as little as $1 up to a strike price
of $300 will allow for greater granularity and more trading options in
XSP, which is currently trading at around $163. Only allowing strike
price intervals of $5 or greater beginning at $200 would limit the
ability of the Exchange to offer more relevant and tailored trading
options for investors. Options on the S&P 500 Index (SPX or SPXPM) have
strike price intervals of $5 or greater, but XSP options, which as a
Mini S&P 500 Index has \1/10\th the value of the S&P 500 Index options,
should therefore be permitted smaller strike price intervals than the
S&P 500 Index options.
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    \9\ Those conditions are:
    (a) The Exchange may list series at $1 or greater strike price
intervals on Mini-SPX options with strike prices that are no more
than 20% away from one-tenth of the current value of the Standard &
Poor's 500 Stock Index (``S&P 500 Index''). FOR EXAMPLE, if the
current value of the S&P 500 Index is at 1,200.00, the Exchange may
only list new series at $1 strike price intervals in Mini-SPX
options that are between $96 and $144 strike prices.
    (b) The Exchange may list series at $3 or greater strike price
intervals on Mini-SPX options with strike prices that are no more
than 25% away from one-tenth of the current value of the S&P 500
Index.
    (c) The Exchange may list series at $5 or greater strike price
intervals on Mini-SPX options that are more than 25% away from one-
tenth of the current value of the S&P 500 Index.
    (d) The Exchange shall not list LEAPS or reduced-value LEAPS on
Mini-SPX options at intervals less than $5.
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    Aside from the proposed changes outlined above, trading in P.M.-
settled XSP options will operate in the same manner as trading
currently operates in A.M.-settled XSP options. The trading symbol will
remain XSP, and XSP will continue to trade on the Exchange's Hybrid
Trading System (``Hybrid''). XSP options will still have a $100
multiplier and European-style exercise. Expiration processing would
occur on Saturday following the third Friday of the month. No position
or exercise limits will be in effect for XSP options, and the same
position reporting and margin requirements will apply.
    Finally, in preparing this proposed rule change, the Exchange
noticed an erroneous reference in Interpretation and Policy .10 to Rule
5.5, which states that the intervals between strike prices of XSP
series shall be determined in accordance with Interpretation and Policy
.14 to Rule 24.9. However, it is Interpretation and Policy .11, not
Interpretation and Policy .14, to Rule 24.9 that discusses strike price
intervals for XSP options. As such, the Exchange proposes to correct
this reference in Interpretation and Policy .10 to Rule 5.5 to refer to
Interpretation and Policy .11 to Rule 24.9.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Act and the rules and regulations thereunder applicable to the
Exchange and, in particular, the requirements of Section 6(b) of the
Act.\10\ Specifically, the Exchange believes the proposed rule change
is consistent with the Section 6(b)(5) \11\ requirements that the rules
of an exchange be designed to promote just and equitable principles of
trade, to prevent fraudulent and manipulative acts, to remove
impediments to and to perfect the mechanism for a free and open market
and a national market system, and, in general, to protect investors and
the public interest. The Exchange believes that the introduction of
P.M. settlement for XSP options in the manner proposed does not raise
any prohibitive regulatory concerns. Further, the Exchange believes
that the proposal will not adversely impact fair and orderly markets on
third (``expiration'') Fridays for the underlying stocks comprising the
S&P 500 index. The Exchange believes that CBOE has experienced no
meaningful regulatory concerns, nor an adverse impact on fair and
orderly markets, in connection with the CBOE pilot program that permits
trading of SPXPM (which is P.M.-settled), nor in connection with the
previous pilot program that permitted trading of SPXPM on C2 Options
Exchange, Incorporated. Additionally, the proposed rule change would
provide TPHs and investors with an opportunity to trade XSP options
with a P.M. settlement feature on CBOE subject to transparent exchange-
based rules. Investors would also benefit from the opportunity to trade
in association with this product on third (``expiration'') Fridays
thereby removing impediments to a free and open market consistent with
the Act.
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    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
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    The proposal to end trading at 3:00 p.m. on the last trading day
for transactions in expiring P.M.-settled XSP options will prevent
continued trading on a product after the exercise settlement value has
been fixed. This eliminates potential confusion and thereby protects
investors and the public interest. The Exchange believes that the
proposal to match up the rules regarding minimum increments for bids
and offers for XSP options with those for SPY options perfects the
mechanism for a free and open market and a national market system
because both products are based, in some manner, on \1/10\th the price
of the S&P 500 Index, and therefore it makes sense to have the same
minimum increments of bids and offers for both. The correcting of the
reference in Interpretation and Policy .10 to Rule 5.5 will eliminate
any potential confusion, thereby removing impediments to and perfecting
the mechanism for a free and open market and a national market system,
and, in general, protecting investors and the public interest. The
Exchange believes that the proposal to amend the strike price intervals
for XSP options rule perfects the mechanism for a free and open market
system. Along with simplifying the strike price interval rules for XSP
options, allowing strike price intervals of as little as $1 up to a
strike price of $300 will allow for greater granularity and will
hopefully generate more trading in XSP options, which is currently
trading at around $163. Only allowing strike price intervals of $5 or
greater beginning at $200 would limit the ability of the Exchange to
offer more relevant trading options for investors. Options on the S&P
500 Index (SPX or SPXPM) have strike price intervals of $5 or greater,
but XSP, which as a Mini S&P 500 Index has \1/10\th the value of the
S&P 500 Index options, should therefore be permitted smaller strike
price intervals than the S&P 500 Index options.

B. Self-Regulatory Organization's Statement on Burden on Competition

    CBOE does not believe that the proposed rule change will impose any
burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act. The Exchange does not believe
the proposed changes will impose any unnecessary or inappropriate
burden on intramarket competition because they will apply

equally to all CBOE market participants and P.M.-settled XSP options
will be available to all CBOE market participants. The Exchange
believes that the proposed changes to minimum pricing (e.g., matched
between SPY and XSP options) will enhance competition and is necessary
for consistency. To the extent that the advent of XSP options trading
in a P.M.-settled manner, or any other proposed rule changes described
herein, may make CBOE a more attractive marketplace to market
participants at other exchanges, such market participants may elect to
become CBOE market participants.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    The Exchange neither solicited nor received comments on the
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days (i) as the
Commission may designate if it finds such longer period to be
appropriate and publishes its reasons for so finding or (ii) as to
which the Exchange consents, the Commission will:
    A. By order approve or disapprove such proposed rule change, or
    B. institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-CBOE-2013-055 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-CBOE-2013-055. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-CBOE-2013-055, and should be
submitted on or before June 20, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).
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Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2013-12847 Filed 5-29-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 233 (Wednesday, December 6, 2017)]
[Notices]
[Pages 57649-57650]
[FR Doc No: 2017-26229]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

Reports, Forms and Record Keeping Requirements; Agency
Information Collection Activity Under OMB Review

AGENCY: National Highway Traffic Safety Administration, U.S. Department
of Transportation.

ACTION: Notice and request for comments.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.), this notice announces that the Information
Collection Request (ICR) abstracted below has been forwarded to the
Office of Management and Budget (OMB) for review and comment. The ICR
describes

the nature of the information collections and their expected burden.
The Federal Register Notice with a 60-day comment period was published
on September 8, 2017 (82 FR 42575). The agency received no comments.

DATES: Comments must be submitted on or before January 5, 2018.

ADDRESSES: Send comments, within 30 days, to the Office of Information
and Regulatory Affairs, Office of Management and Budget, 725-17th
Street NW., Washington, DC 20503, Attention NHTSA Desk Officer.

FOR FURTHER INFORMATION CONTACT: Ms. Lori Summers at the National
Highway Traffic Safety Administration, Office of Crashworthiness
Standards, 1200 New Jersey Avenue SE., West Building, Room W43-320,
Washington, DC 20590. Ms. Summers' telephone number is<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    National Highway Traffic Safety Administration
    Title: Consolidated Labeling Requirements for Motor Vehicles
(except the VIN).
    OMB Control Number: 2127-0512.
    Type of Request: Extension of a currently approved collection.
    Abstract: In order to ensure that manufacturers are complying with
the FMVSS, NHTSA requires a number of information collections in four
FMVSS.
    FMVSS No. 105, ``Hydraulic and electric brake systems'' and FMVSS
No. 135, ``Light vehicle brake systems,'' require that each vehicle
shall have a brake fluid warning statement in letters at least one-
eighth of an inch high on the master cylinder reservoirs. The lettering
shall be permanently affixed, engraved or embossed, located so as to be
visible by direct view, and of a color that contrasts with its
background, if not engraved or embossed.
    FMVSS No. 205, ``Glazing materials,'' provides labeling
requirements for glazing and motor vehicle manufacturers. In accordance
with the standard, NHTSA requires each new motor vehicle glazing
manufacturer to request and be assigned a unique mark or number. This
number is then used by the manufacturer as their unique company
identification on their self-certification label on each piece of motor
vehicle glazing. As part of that certification label, the company must
identify with the simple two or three digit number assigned by the
agency and the model of the glazing. In addition to these requirements,
which apply to all glazing, certain specialty glazing items, such as
standee windows in buses, roof openings, and interior partitions made
of plastic require that the manufacturer affix a removable label to
each item. The label specifies cleaning instructions, which will
minimize the loss of transparency. Other information may be provided by
the manufacturer but is not required.
    FMVSS No. 209, ``Seat belt assemblies,'' requires safety belts to
be labeled with the year of manufacture, the model, and the name or
trademark of the manufacturer (S4.1(j)). Additionally, replacement
safety belts that are for use only in specifically stated motor
vehicles must have labels or accompanying instruction sheets to specify
the applicable vehicle models and seating positions (S4.1(k)). Seat
belt assemblies installed as original equipment in new motor vehicles
need not be required to be labeled with position/model information.
    Affected Public: Businesses.
    Estimated Total Annual Burden: 7,874 hours.
    Comments are invited on: Whether the proposed collection of
information is necessary for the proper performance of the functions of
the Department, including whether the information will have practical
utility; the accuracy of the Departments estimate of the burden of the
proposed information collection; ways to enhance the quality, utility
and clarity of the information to be collected; and ways to minimize
the burden of the collection of information on respondents, including
the use of automated collection techniques or other forms of
information technology. A Comment to OMB is most effective if OMB
receives it within 30 days of publication.

    Authority: Paperwork Reduction Act of 1995, 44 U.S.C. Chapter
35; delegation of authority at 49 CFR 1.95.

Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2017-26229 Filed 12-5-17; 8:45 am]
BILLING CODE 4910-59-P


Chapter 70.105 RCW
HAZARDOUS WASTE MANAGEMENT
Chapter Listing | RCW Dispositions
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.
70.105.070
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.
70.105.310
Radioactive mixed waste account.
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.
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.
[ 2010 1st sp.s. c 7 § 88; 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:
Effective date -- 2010 1st sp.s. c 26; 2010 1st sp.s. c 7: See note following RCW 43.03.027.
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.]
NOTES:
*Reviser's note: The "department of general administration" was renamed the "department of enterprise services" by 2011 1st sp.s. c 43 § 107.

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.]

70.105.070
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.
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 -- 1989 c 2: See RCW 70.105D.900 through 70.105D.920, 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 up to three hundred sixty-four days, 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.
[ 2011 c 96 § 51; 1984 c 237 § 1; 1983 c 172 § 3; 1975-'76 2nd ex.s. c 101 § 9.]
NOTES:
Findings -- Intent -- 2011 c 96: See note following RCW 9A.20.021.
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 or her.
(3) Any order may be appealed pursuant to RCW 43.21B.310.
[ 2012 c 117 § 417; 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.]

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.
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 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.
[ 2010 1st sp.s. c 7 § 89; 1998 c 245 § 110; 1984 c 254 § 2; 1983 1st ex.s. c 70 § 2.]
NOTES:
Effective date -- 2010 1st sp.s. c 26; 2010 1st sp.s. c 7: See note following RCW 43.03.027.
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.]

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 radioactive mixed waste account created in RCW 70.105.310.
(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.
[ 2013 2nd sp.s. c 1 § 14; 1989 c 376 § 2.]
NOTES:
Findings -- Intent -- Effective date -- 2013 2nd sp.s. c 1: See notes following RCW 70.105D.020.
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:
Effective date -- 1994 c 232 §§ 6-8 and 18-22: See RCW 78.56.902.

70.105.310
Radioactive mixed waste account.
The radioactive mixed waste account is created within the state treasury. All receipts received from facilities assessed service charges established under RCW 70.105.280 must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may only be used for carrying out the department's powers and duties under this chapter related to the regulation of facilities that treat, store, or dispose of mixed waste or mixed waste facilities that are undergoing closure.
[ 2013 2nd sp.s. c 1 § 12.]
NOTES:
Findings -- Intent -- Effective date -- 2013 2nd sp.s. c 1: See notes following RCW 70.105D.020.

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.
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