Pollution prevent. planning

AN ACT Relating to repealing the pollution prevention planning 1
requirements under chapter 70A.214 RCW; amending RCW 70A.15.2280, 2
70A.218.020, 70A.218.040, 70A.218.050, 70A.218.060, 70A.218.070, 3
70A.305.180, and 78.56.100; reenacting and amending RCW 43.21B.110 4
and 70A.305.190; creating a new section; and repealing RCW 5
70A.214.010, 70A.214.020, 70A.214.030, 70A.214.040, 70A.214.050, 6
70A.214.060, 70A.214.070, 70A.214.080, 70A.214.090, 70A.214.100, 7
70A.214.110, 70A.214.120, 70A.214.130, 70A.214.140, 70A.214.150, 8
70A.214.160, and 70A.218.030. 9
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:10
NEW SECTION. Sec. 1. In 1990, the legislature adopted chapter 11
70A.214 RCW with the goal of reducing hazardous waste generation by 12
50 percent by 1995, emphasizing voluntary waste reduction strategies. 13
The legislature also acknowledged in its findings that some 14
industries would have limited potential to eliminate hazardous waste 15
production. Many entities achieved significant reductions in their 16
generation of hazardous waste through compliance with chapter 70A.214 17
RCW. The planning requirement has become obsolete and merely 18
administrative, resulting in unnecessary costs for the reporting 19
businesses and the department of ecology. Other environmental tools 20
and programs enacted in the state hazardous waste management act and 21
S-3481.1
SENATE BILL 6219
State of Washington 69th Legislature 2026 Regular Session
By Senator J. Wilson
p. 1 SB 6219
its related WAC regulations continue to incentivize lower hazardous 1
waste output. 2
Therefore, chapter 70A.214 RCW should be repealed.3
Sec. 2. RCW 43.21B.110 and 2025 c 327 s 1, 2025 c 319 s 6, 2025 4
c 316 s 301, 2025 c 314 s 13, 2025 c 311 s 7, and 2025 c 58 s 1008 5
are each reenacted and amended to read as follows: 6
(1) The hearings board shall only have jurisdiction to hear and 7
decide appeals from the following decisions of the department, the 8
director, local conservation districts, the air pollution control 9
boards or authorities as established pursuant to chapter 70A.15 RCW, 10
local health departments, the department of natural resources, the 11
department of fish and wildlife, the parks and recreation commission, 12
and authorized public entities described in chapter 79.100 RCW:13
(a) Civil penalties imposed pursuant to chapter 70A.230 RCW and 14
RCW 18.104.155, 70A.15.3160, 70A.300.090, 70A.20.050, 70A.205.740, 15
70A.205.280, 70A.205.545, 70A.355.070, 70A.430.070, 70A.500.260, 16
70A.505.100, 70A.505.110, 70A.530.040, 70A.350.070, 70A.515.060, 17
70A.245.040, 70A.245.050, 70A.245.070, 70A.245.080, 70A.245.130, 18
70A.245.140, 70A.65.200, 70A.455.090, 70A.535.180, 70A.550.030, 19
70A.555.110, 70A.560.020, 70A.208.230, 70A.565.030, 76.04.205, 20
76.09.170, 77.55.440, 78.44.250, 88.46.090, 90.03.600, 90.46.270, 21
90.48.144, 90.56.310, 90.56.330, and 90.64.102. 22
(b) Orders issued pursuant to RCW 18.104.043, 18.104.060, 23
18.104.130, 43.27A.190, 70A.15.2520, 70A.15.3010, 70A.15.4530, 24
70A.15.6010, 70A.205.740, 70A.205.280, ((70A.214.140,)) 70A.300.120, 25
70A.350.070, 70A.245.020, 70A.65.200, 70A.535.180, 70A.505.100, 26
70A.555.110, 70A.560.020, 70A.208.230, 70A.565.030, 86.16.020, 27
88.46.070, 90.03.665, 90.14.130, 90.46.250, 90.48.120, 90.48.240, 28
90.56.330, and 90.64.040. 29
(c) Except as provided in RCW 90.03.210(2), the issuance, 30
modification, or termination of any permit, certificate, or license 31
by the department or any air authority in the exercise of its 32
jurisdiction, including the issuance or termination of a waste 33
disposal permit, the denial of an application for a waste disposal 34
permit, the modification of the conditions or the terms of a waste 35
disposal permit, a decision to approve or deny a solid waste 36
management plan under RCW 70A.205.055, approval or denial of an 37
application for a beneficial use determination under RCW 70A.205.260, 38
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an application for a change under RCW 90.03.383, or a permit to 1
distribute reclaimed water under RCW 90.46.220. 2
(d) Decisions of local health departments regarding the granting 3
or denial of solid waste permits pursuant to chapter 70A.205 RCW, 4
including appeals by the department as provided in RCW 70A.205.130.5
(e) Decisions of local health departments regarding the issuance 6
and enforcement of permits to use or dispose of biosolids under RCW 7
70A.226.090. 8
(f) Decisions of the department regarding waste-derived 9
fertilizer or micronutrient fertilizer under RCW 15.54.820.10
(g) Decisions of local conservation districts related to the 11
denial of approval or denial of certification of a dairy nutrient 12
management plan; conditions contained in a plan; application of any 13
dairy nutrient management practices, standards, methods, and 14
technologies to a particular dairy farm; and failure to adhere to the 15
plan review and approval timelines in RCW 90.64.026 as provided in 16
RCW 90.64.028. 17
(h) Any other decision by the department or an air authority 18
which pursuant to law must be decided as an adjudicative proceeding 19
under chapter 34.05 RCW. 20
(i) Decisions of the department of natural resources, the 21
department of fish and wildlife, and the department that are 22
reviewable under chapter 76.09 RCW, and the department of natural 23
resources' appeals of county, city, or town objections under RCW 24
76.09.050(7). 25
(j) Forest health hazard orders issued by the commissioner of 26
public lands under RCW 76.06.180. 27
(k) Decisions of the department of fish and wildlife to issue, 28
deny, condition, or modify a hydraulic project approval permit under 29
chapter 77.55 RCW, to issue a stop work order, to issue a notice to 30
comply, to issue a civil penalty, or to issue a notice of intent to 31
disapprove applications. 32
(l) Decisions of the department of natural resources that are 33
reviewable under RCW 78.44.270. 34
(m) Decisions of an authorized public entity under RCW 79.100.010 35
to take temporary possession or custody of a vessel or to contest the 36
amount of reimbursement owed that are reviewable by the hearings 37
board under RCW 79.100.120. 38
(n) Decisions of the department of ecology that are appealable 39
under RCW 70A.245.020 to set recycled minimum postconsumer content 40
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for products or to temporarily exclude types of products in plastic 1
containers from minimum postconsumer recycled content requirements.2
(o) Orders by the department of ecology under RCW 70A.455.080.3
(p) Decisions by the department of ecology under RCW 4
70A.208.150(5) regarding a proposal by a producer responsibility 5
organization to count materials sent to an alternative recycling 6
facility towards recycling performance targets. 7
(q) Decisions of the department of natural resources under RCW 8
76.04.205. 9
(2) The following hearings shall not be conducted by the hearings 10
board: 11
(a) Hearings required by law to be conducted by the shorelines 12
hearings board pursuant to chapter 90.58 RCW, except where appeals to 13
the pollution control hearings board and appeals to the shorelines 14
hearings board have been consolidated pursuant to RCW 43.21B.340.15
(b) Hearings conducted by the department pursuant to RCW 16
70A.15.3010, 70A.15.3070, 70A.15.3080, 70A.15.3090, 70A.15.3100, 17
70A.15.3110, and 90.44.180. 18
(c) Appeals of decisions by the department under RCW 90.03.110 19
and 90.44.220. 20
(d) Hearings conducted by the department to adopt, modify, or 21
repeal rules. 22
(3) Review of rules and regulations adopted by the hearings board 23
shall be subject to review in accordance with the provisions of the 24
administrative procedure act, chapter 34.05 RCW. 25
Sec. 3. RCW 70A.15.2280 and 2020 c 20 s 1096 are each amended to 26
read as follows: 27
The department shall prepare recommendations to reduce air 28
emissions for source categories not generally required to have a 29
permit under RCW 70A.15.2260. Such recommendations shall not require 30
any action by the owner or operator of a source ((and shall be 31
consistent with rules adopted under chapter 70A.214 RCW)). The 32
recommendations shall include but not be limited to: Process changes, 33
product substitution, equipment modifications, hazardous substance 34
use reduction, recycling, and energy efficiency. 35
Sec. 4. RCW 70A.218.020 and 2020 c 20 s 1222 are each amended to 36
read as follows: 37
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A fee is imposed for the privilege of generating hazardous waste 1
in the state. The annual amount of the fee shall be thirty-five 2
dollars upon every hazardous waste generator doing business in 3
Washington in the current calendar year or any part thereof. This fee 4
shall be collected by the department or its designee. A hazardous 5
waste generator shall be exempt from the fee imposed under this 6
section if the value of products, gross proceeds of sales, or gross 7
income of the business, from all business activities of the hazardous 8
waste generator, is less than twelve thousand dollars in the current 9
calendar year. ((The department shall, subject to appropriation, use 10
the funds collected from the fees assessed in this subsection to 11
support the activities of the office of waste reduction as specified 12
in RCW 70A.214.030.)) The fee imposed pursuant to this section is due 13
annually by July 1 of the year following the calendar year for which 14
the fee is imposed. 15
Sec. 5. RCW 70A.218.040 and 2020 c 20 s 1224 are each amended to 16
read as follows: 17
On an annual basis, the department shall adjust the fees provided 18
for in RCW 70A.218.020 ((and 70A.218.030)), including the maximum 19
annual fee, and maximum total fees, by conducting the calculation in 20
subsection (1) of this section and taking the actions set forth in 21
subsection (2) of this section: 22
(1) In November of each year, the fees, annual fee, and maximum 23
total fees imposed in RCW 70A.218.020 ((and 70A.218.030)), or as 24
subsequently adjusted by this section, shall be multiplied by a 25
factor equal to the most current quarterly "price deflator" 26
available, divided by the "price deflator" used in the numerator the 27
previous year. However, the "price deflator" used in the denominator 28
for the first adjustment shall be defined by the second quarter 29
"price deflator" for 1990. 30
(2) Each year by March 1st the fee schedule, as adjusted in 31
subsection (1) of this section will be published. The department will 32
round the published fees to the nearest dollar. 33
Sec. 6. RCW 70A.218.050 and 2020 c 20 s 1225 are each amended to 34
read as follows: 35
In administration of this chapter for the enforcement and 36
collection of the fees due and owing under RCW 70A.218.020 ((and 37
70A.218.030)), the department may apply RCW 43.17.240.38
p. 5 SB 6219
Sec. 7. RCW 70A.218.060 and 2020 c 20 s 1226 are each amended to 1
read as follows: 2
The hazardous waste assistance account is hereby created in the 3
state treasury. The following moneys shall be deposited into the 4
hazardous waste assistance account: 5
(1) Those revenues which are raised by the fees imposed under RCW 6
70A.218.020 ((and 70A.218.030)); and7
(2) ((Penalties and surcharges collected under chapter 70A.214 8
RCW and this chapter; and9
(3))) Any other moneys appropriated or transferred to the account 10
by the legislature. Moneys in the hazardous waste assistance account 11
may be spent only for the purposes of this chapter following 12
legislative appropriation. 13
Sec. 8. RCW 70A.218.070 and 2020 c 20 s 1227 are each amended to 14
read as follows: 15
The department may use funds in the hazardous waste assistance 16
account to provide technical assistance and compliance education 17
assistance to hazardous substance users and waste generators, to 18
provide grants to local governments, and for administration of this 19
chapter. 20
Technical assistance may include the activities authorized under 21
((chapter 70A.214 RCW and)) RCW 70A.300.290 to encourage hazardous 22
waste reduction and hazardous use reduction and the assistance 23
provided for by RCW 70A.300.140(2). 24
Compliance education may include the activities authorized under 25
RCW 70A.300.140(2) to train local agency officials and to inform 26
hazardous substance users and hazardous waste generators and owners 27
and operators of hazardous waste management facilities of the 28
requirements of chapter 70A.300 RCW and related federal laws and 29
regulations. To the extent practicable, the department shall contract 30
with private businesses to provide compliance education.31
Grants to local governments shall be used for small quantity 32
generator technical assistance and compliance education components of 33
their moderate risk waste plans as required by RCW 70A.300.350.34
Sec. 9. RCW 70A.305.180 and 2025 c 424 s 977 are each amended to 35
read as follows: 36
(1) The model toxics control operating account is hereby created 37
in the state treasury. 38
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(2) Moneys in the model toxics control operating account must be 1
used only to carry out the purposes of this chapter, including but 2
not limited to the following: 3
(a) The state's responsibility for hazardous waste planning, 4
management, regulation, enforcement, technical assistance, and public 5
education required under chapter 70A.300 RCW; 6
(b) The state's responsibility for solid waste planning, 7
management, regulation, enforcement, technical assistance, and public 8
education required under chapter 70A.205 RCW; 9
(c) The hazardous waste clean-up program required under this 10
chapter; 11
(d) State matching funds required under federal cleanup law;12
(e) Financial assistance for local programs and plans, including 13
local solid waste financial assistance, in accordance with chapters 14
70A.405, 70A.205, ((70A.214,)) 70A.224, and 70A.300 RCW;15
(f) State government programs for the safe reduction, recycling, 16
or disposal of paint and hazardous wastes from households, small 17
businesses, and agriculture; 18
(g) Oil and hazardous materials spill prevention, preparedness, 19
training, and response activities; 20
(h) Water and environmental health protection and monitoring 21
programs; 22
(i) Programs authorized under chapter 70A.135 RCW;23
(j) A public participation program; 24
(k) Development and demonstration of alternative management 25
technologies designed to carry out the hazardous waste management 26
priorities of RCW 70A.300.260; 27
(l) State agriculture and health programs for the safe use, 28
reduction, recycling, or disposal of pesticides; 29
(m) Funding requirements to maintain receipt of federal funds 30
under the federal solid waste disposal act (42 U.S.C. Sec. 6901 et 31
seq.); 32
(n) Air quality programs and actions for reducing public exposure 33
to toxic air pollution; 34
(o) Petroleum-based plastic or expanded polystyrene foam debris 35
clean-up activities in fresh or marine waters; and36
(p) For the 2021-2023 fiscal biennium, and solely to continue the 37
policy of previous biennia, forest practices at the department of 38
natural resources. 39
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(3) Except for unanticipated receipts under RCW 43.79.260 through 1
43.79.282, moneys in model toxics control operating account may be 2
spent only after appropriation by statute. 3
(4) One percent of the moneys collected under RCW 82.21.030 must 4
be allocated only for public participation grants to persons who may 5
be adversely affected by a release or threatened release of a 6
hazardous substance and to not-for-profit public interest 7
organizations. The primary purpose of these grants is to facilitate 8
the participation by persons and organizations in the investigation 9
and remedying of releases or threatened releases of hazardous 10
substances and to implement the state's solid and hazardous waste 11
management priorities. No grant may exceed sixty thousand dollars. 12
Grants may be renewed annually. Moneys appropriated for public 13
participation that are not expended at the close of any biennium 14
revert to the model toxics control operating account.15
(5) The department must adopt rules for grant or loan issuance 16
and performance. 17
(6) During the 2023-2025 and 2025-2027 fiscal biennia, the 18
legislature may direct the state treasurer to make transfers of 19
moneys in the model toxics control operating account to the state 20
general fund. 21
Sec. 10. RCW 70A.305.190 and 2025 c 424 s 978 and 2025 c 414 s 22
8049 are each reenacted and amended to read as follows:23
(1) The model toxics control capital account is hereby created in 24
the state treasury. 25
(2) In addition to the funds deposited into the model toxics 26
control capital account required under RCW 82.21.030, the following 27
moneys must be deposited into the model toxics control capital 28
account: 29
(a) The costs of remedial actions recovered under this chapter, 30
except as provided under RCW 70A.305.170(7); 31
(b) Penalties collected or recovered under this chapter; and32
(c) Any other money appropriated or transferred to the account by 33
the legislature. 34
(3) Moneys in the model toxics control capital account must be 35
used for the improvement, rehabilitation, remediation, and cleanup of 36
toxic sites and other capital-related expenditures for programs and 37
activities identified in subsection (4) of this section.38
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(4) Moneys in the model toxics control capital account may be 1
used only for capital projects and activities that carry out the 2
purposes of this chapter and for financial assistance to local 3
governments or other persons to carry out those projects or 4
activities, including but not limited to the following, generally in 5
descending order of priority: 6
(a) Remedial actions, including the following generally in 7
descending order of priority: 8
(i) Extended grant agreements entered into under subsection 9
(5)(a) of this section; 10
(ii) Grants or loans to local governments for remedial actions, 11
including planning for adaptive reuse of properties as provided for 12
under subsection (5)(d) of this section. The department must 13
prioritize funding of remedial actions at: 14
(A) Facilities on the department's hazardous sites list with a 15
high hazard ranking for which there is an approved remedial action 16
work plan or an equivalent document under federal cleanup law;17
(B) Brownfield properties within a redevelopment opportunity zone 18
if the local government is a prospective purchaser of the property 19
and there is a department-approved remedial action work plan or 20
equivalent document under the federal cleanup law;21
(iii) Department-conducted remedial actions; 22
(iv) Grants to persons intending to remediate contaminated real 23
property for development of affordable housing; 24
(v) Public funding to assist potentially liable persons to pay 25
for the costs of remedial action in compliance with clean-up 26
standards under RCW 70A.305.030(2)(e) if: 27
(A) The amount and terms of the funding are established under a 28
settlement agreement under RCW 70A.305.040(4); and29
(B) The director has found that the funding will achieve both a 30
substantially more expeditious or enhanced cleanup than would 31
otherwise occur, and the prevention or mitigation of unfair economic 32
hardship; 33
(vi) Public funding to assist prospective purchasers to pay for 34
the costs of remedial action in compliance with clean-up standards 35
under RCW 70A.305.030(2)(e) if: 36
(A) The facility is located within a redevelopment opportunity 37
zone designated under RCW 70A.305.150; 38
(B) The amount and terms of the funding are established under a 39
settlement agreement under RCW 70A.305.040(5); and40
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(C) The director has found the funding will achieve a 1
substantially more expeditious or enhanced cleanup than would 2
otherwise occur, provide a public benefit in addition to cleanup 3
commensurate with the scope of the public funding; and meet any 4
additional criteria established in rule by the department; and5
(vii) To expedite multiparty clean-up efforts, purchase of 6
remedial action cost-cap insurance; 7
(b) Grants, or loans, or contracts to local governments for solid 8
waste plans and programs under chapters 70A.205, ((70A.214,)) 9
70A.224, 70A.222, 70A.230, and 70A.300 RCW. Funds must be allocated 10
consistent with priorities and matching requirements in the 11
respective chapters; 12
(c) Toxic air pollutant reduction programs, including grants or 13
loans to local governments for woodstoves and diesel;14
(d) Grants, loans, or contracts to local governments for 15
hazardous waste plans and programs under chapters 70A.405 and 70A.300 16
RCW, including chemical action plan implementation. Funds must be 17
allocated consistent with priorities and matching requirements in the 18
respective chapters; and 19
(e) Petroleum-based plastic or expanded polystyrene foam debris 20
clean-up activities in fresh or marine waters. 21
(5) The department may establish and administer a program to 22
provide grants and loans to local governments for remedial actions, 23
including planning for adaptive reuse of contaminated properties. To 24
expedite cleanups throughout the state, the department may use the 25
following strategies when providing grants to local governments under 26
this subsection: 27
(a) Enter into an extended grant agreement with a local 28
government conducting remedial actions at a facility where those 29
actions extend over multiple biennia and the total eligible cost of 30
those actions exceeds $20,000,000. The agreement is subject to the 31
following limitations: 32
(i) The initial duration of such an agreement may not exceed 10 33
years. The department may extend the duration of such an agreement 34
upon finding substantial progress has been made on remedial actions 35
at the facility; 36
(ii) Extended grant agreements may not exceed 50 percent of the 37
total eligible remedial action costs at the facility; and38
(iii) The department may not allocate future funding to an 39
extended grant agreement unless the local government has demonstrated 40
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to the department that funds awarded under the agreement during the 1
previous biennium have been substantially expended or contracts have 2
been entered into to substantially expend the funds;3
(b) Enter into a grant agreement with a local government 4
conducting a remedial action that provides for periodic reimbursement 5
of remedial action costs as they are incurred as established in the 6
agreement; 7
(c) Enter into a grant agreement with a local government prior to 8
it acquiring a property or obtaining necessary access to conduct 9
remedial actions, provided the agreement is conditioned upon the 10
local government acquiring the property or obtaining the access in 11
accordance with a schedule specified in the agreement;12
(d) Provide integrated planning grants to local governments to 13
fund studies necessary to facilitate remedial actions at brownfield 14
properties and adaptive reuse of properties following remediation. 15
Eligible activities include, but are not limited to: Environmental 16
site assessments; remedial investigations; health assessments; 17
feasibility studies; site planning; community involvement; land use 18
and regulatory analyses; building and infrastructure assessments; 19
economic and fiscal analyses; and any environmental analyses under 20
chapter 43.21C RCW; 21
(e) Provide grants to local governments for remedial actions 22
related to area-wide groundwater contamination. To receive the 23
funding, the local government does not need to be a potentially 24
liable person or be required to seek reimbursement of grant funds 25
from a potentially liable person; 26
(f) The director may alter grant matching requirements to create 27
incentives for local governments to expedite cleanups when one of the 28
following conditions exists: 29
(i) Funding would prevent or mitigate unfair economic hardship 30
imposed by the clean-up liability; 31
(ii) Funding would create new substantial economic development, 32
public recreational opportunities, or habitat restoration 33
opportunities that would not otherwise occur; or 34
(iii) Funding would create an opportunity for acquisition and 35
redevelopment of brownfield property under RCW 70A.305.040(5) that 36
would not otherwise occur; and 37
(g) When pending grant applications under subsection (4)(d) and 38
(e) of this section exceed the amount of funds available, designated 39
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redevelopment opportunity zones must receive priority for 1
distribution of available funds. 2
(6) Except for unanticipated receipts under RCW 43.79.260 through 3
43.79.282, moneys in model toxics control capital account may be 4
spent only after appropriation by statute. 5
(7) The legislature finds that, in 2023, wildfires in Spokane and 6
Pend Oreille counties resulted in a loss of approximately 366 homes 7
as well as secondary buildings. The burning of these structures has 8
resulted in a large toxic debris field containing asbestos, heavy 9
metals, plastics, and fuel which are at risk of leaching into the 10
soil and groundwater. During the 2023-2025 and 2025-2027 fiscal 11
biennia, moneys in the model toxics control capital account may be 12
used for financial assistance to local governments for the testing of 13
hazardous materials, removal of debris, and remediation of soil 14
necessary to support the rebuilding of communities impacted by these 15
wildfires. 16
(8) During the 2025-2027 fiscal biennium, the legislature may 17
direct the state treasurer to make transfers of moneys in the model 18
toxics control capital account to the state general fund.19
Sec. 11. RCW 78.56.100 and 2021 c 65 s 86 are each amended to 20
read as follows: 21
(1) In order to receive a waste discharge permit from the 22
department of ecology pursuant to the requirements of chapter 90.48 23
RCW or in order to operate a metals mining and milling tailing 24
facility, an applicant proposing a metals mining and milling 25
operation regulated under this chapter must meet the following 26
additional requirements: 27
(a) Any tailings facility shall be designed and operated to 28
prevent the release of pollution and must meet the following 29
standards: 30
(i) Operators shall apply all known available and reasonable 31
technology to limit the concentration of potentially toxic materials 32
in the tailings facility to assure the protection of wildlife and 33
human health; 34
(ii) The tailings facility shall have a containment system that 35
includes an engineered liner system, leak detection and leak 36
collection elements, and a seepage collection impoundment to assure 37
that a leak of any regulated substance under chapter 90.48 RCW will 38
be detected before escaping from the containment system. The design 39
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and management of the facility must ensure that any leaks from the 1
tailings facility are detected in a manner which allows for 2
remediation pursuant to chapter 90.48 RCW. The applicant shall 3
prepare a detailed engineering report setting forth the facility 4
design and construction. The applicant shall submit the report to the 5
department of ecology for its review and approval of a design as 6
determined by the department. Natural conditions, such as depth to 7
groundwater or net rainfall, shall be taken into account in the 8
facility design, but not in lieu of the protection required by the 9
engineered liner system; 10
(iii) The toxicity of mine or mill tailings and the potential for 11
long-term release of regulated substances from mine or mill tailings 12
shall be reduced to the greatest extent practicable through 13
stabilization, removal, or reuse of the substances; and14
(iv) The closure of the tailings facility shall provide for 15
isolation or containment of potentially toxic materials and shall be 16
designed to prevent future release of regulated substances contained 17
in the impoundment; 18
(b) The applicant must develop a waste rock management plan 19
approved by the department of ecology and the department of natural 20
resources which emphasizes pollution prevention. At a minimum, the 21
plan must contain the following elements: 22
(i) An accurate identification of the acid generating properties 23
of the waste rock; 24
(ii) A strategy for encapsulating potentially toxic material from 25
the environment, when appropriate, in order to prevent the release of 26
heavy metals and acidic drainage; and 27
(iii) A plan for reclaiming and closing waste rock sites which 28
minimizes infiltration of precipitation and runoff into the waste 29
rock and which is designed to prevent future releases of regulated 30
substances contained within the waste rock; and31
(c) If an interested citizen or citizen group so requests of the 32
department of ecology, the metals mining and milling operator or 33
applicant shall work with the department of ecology and the 34
interested party to make arrangements for citizen observation and 35
verification in the taking of required water samples. While it is the 36
intent of this subsection to provide for citizen observation and 37
verification of water sampling activities, it is not the intent of 38
this subsection to require additional water sampling and analysis on 39
the part of the mining and milling operation or the department. The 40
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citizen observation and verification program shall be incorporated 1
into the applicant's, operator's, or department's normal sampling 2
regimen and shall occur at least once every six months. There is no 3
duty of care on the part of the state or its employees to any person 4
who participates in the citizen observation and verification of water 5
sampling under chapter 232, Laws of 1994 and the state and its 6
employees shall be immune from any civil lawsuit based on any 7
injuries to or claims made by any person as a result of that person's 8
participation in such observation and verification of water sampling 9
activities. The metals mining and milling operator or applicant shall 10
not be liable for any injuries to or claims made by any person which 11
result from that person coming onto the property of the metals mining 12
and milling operator or applicant as an observer pursuant to chapter 13
232, Laws of 1994. The results from these and all other relevant 14
water sampling activities shall be kept on file with the relevant 15
county and shall be available for public inspection during normal 16
working hours((; and17
(d) An operator or applicant for a metals mining and milling 18
operation must complete a voluntary reduction plan in accordance with 19
RCW 70A.214.110)). 20
(2) Only those tailings facilities constructed after April 1, 21
1994, must meet the requirement established in subsection (1)(a) of 22
this section. Only those waste rock holdings constructed after April 23
1, 1994, must meet the requirement established in subsection (1)(b) 24
of this section. 25
NEW SECTION. Sec. 12. The following acts or parts of acts are 26
each repealed:27
(1) RCW 70A.214.010 (Legislative findings) and 2020 c 20 s 1212, 28
1990 c 114 s 1, & 1988 c 177 s 1; 29
(2) RCW 70A.214.020 (Definitions) and 2020 c 20 s 1213, 1991 c 30
319 s 313, 1990 c 114 s 2, & 1988 c 177 s 2; 31
(3) RCW 70A.214.030 (Office of waste reduction— Duties) and 2020 c 32
20 s 1214, 1998 c 245 s 133, 1990 c 114 s 3, & 1988 c 177 s 3;33
(4) RCW 70A.214.040 (Waste reduction and hazardous substance use 34
reduction consultation program) and 2020 c 20 s 1215, 1990 c 114 s 5, 35
& 1988 c 177 s 4; 36
(5) RCW 70A.214.050 (Waste reduction techniques — Workshops and 37
seminars) and 1988 c 177 s 5; 38
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(6) RCW 70A.214.060 (Waste reduction hotline— Database system) and 1
1988 c 177 s 6; 2
(7) RCW 70A.214.070 (Waste reduction research and development 3
program— Contracts) and 2020 c 20 s 1216 & 1988 c 177 s 7;4
(8) RCW 70A.214.080 (Director's authority) and 1988 c 177 s 8;5
(9) RCW 70A.214.090 (Waste reduction and recycling program to 6
promote activities by state agencies — Recycled paper goal) and 2015 c 7
225 s 107 & 1989 c 431 s 53; 8
(10) RCW 70A.214.100 (Waste reduction and recycling awards 9
program in K -12 public schools — Encouraging waste reduction and 10
recycling in private schools) and 2024 c 341 s 205, 2008 c 178 s 1, 11
1991 c 319 s 114, & 1989 c 431 s 54; 12
(11) RCW 70A.214.110 (Hazardous waste generators and users — 13
Voluntary reduction plan) and 1991 c 319 s 314 & 1990 c 114 s 6;14
(12) RCW 70A.214.120 (Voluntary reduction plan — Exemption) and 15
2020 c 20 s 1217 & 1990 c 114 s 7; 16
(13) RCW 70A.214.130 (Voluntary reduction plan, executive 17
summary, or progress report — Department review) and 2020 c 20 s 1218, 18
2005 c 274 s 338, & 1990 c 114 s 8; 19
(14) RCW 70A.214.140 (Appeal of department order or surcharge) 20
and 2020 c 20 s 1219 & 1990 c 114 s 9; 21
(15) RCW 70A.214.150 (Public inspection of plans, summaries, 22
progress reports) and 1990 c 114 s 10; 23
(16) RCW 70A.214.160 (Multimedia permit pilot program— Air, water, 24
hazardous waste management) and 1998 c 245 s 134 & 1994 c 248 s 1; 25
and 26
(17) RCW 70A.218.030 (Voluntary reduction plan — Fees) and 2020 c 27
20 s 1223, 1994 c 136 s 3, & 1990 c 114 s 13. 28
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