3. REGULATORY REVIEW
3.1 INTRODUCTION
This chapter of the Douglas County Comprehensive Solid Waste Management Plan (DCCSWMP) outlines the federal, state and local laws and regulations that affect the use, handling, storage, transporting and disposal of solid waste within the Regional Planning Area (RPA). The information presented in this chapter is an overview of the regulations affecting solid waste. For specific legal requirements, criteria, standards, etc., consult the regulations referenced.
3.2 FEDERAL REGULATORY REVIEW
3.2.1 Solid Waste Disposal Act
The Solid Waste Disposal Act (SWDA) requires that manufacturers comply with federal, state, interstate and local requirements concerning the management and disposal of solid wastes. These requirements include permitting, licensing, and reporting. 40 CFR 240 regulates incinerators processing a minimum of 50 tons per day. 40 CFR 243 addresses requirements for the storage and collection of solid waste materials. 40 CFR 244, 40 CFR 245, and 40 CFR 246 deal with beverage containers, resource recovery and source separation, respectively. The Environmental Protection Agency (EPA) is primarily responsible for implementing the SWDA.
3.2.2 Resource Conservation and Recovery Act
The EPA is primarily responsible for implementing the Resource Conservation and Recovery Act (RCRA), including the development of national regulations and standards, and nationwide administration of the hazardous waste program. Because RCRA was adopted as amendments to the earlier SWDA, the legislation defines all hazardous wastes as a subset of solid waste. The relationship between the two pieces of legislation ensures that provisions applied to solid wastes also control hazardous waste regulation. RCRA also defines some materials as solid wastes but nevertheless exempts them from regulations as hazardous wastes. These non-hazardous solid wastes include wastes from "household sources", certain agricultural wastes, and specified "high-volume, low-toxicity" wastes. RCRA also excludes a number of waste materials, including solid or dissolved materials in domestic sewage, point source industrial discharges into waterways, and spent nuclear waste materials; these are not considered solid wastes, and so cannot be regulated as hazardous waste.
3.2.3 Comprehensive Environmental Response, Compensation and Liability Act
The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), known as the Superfund Law, is administered by the EPA. CERCLA creates national policy and procedures to identify and clean up sites contaminated by releases of hazardous substances, and to finance these remedial activities. For purposes of CERCLA, hazardous substances include all substances treated as hazardous by the Clean Water Act, hazardous wastes regulated under RCRA and chemicals regulated as "imminently hazardous" under the Toxic Substances Control Act.
3.2.4 Emergency Planning and Community Right-to-Know Act
The Emergency Planning and Community Right-To-Know Act (EPCRA), also known as Superfund Amendments and Reauthorization Act of 1986 (SARA) Title III, is administered by the EPA. It requires that certain businesses file notifications and reports on their activities involving various hazardous chemicals. The specific implementing requirements are in 40 CFR 350 to 372. The states have comparable legislation and regulations that allow them to implement the EPCRA notification, reporting, and emergency response requirements. In addition, EPCRA requires that local emergency planning committees be formed to plan for response to hazardous chemical related emergencies in the community.
3.2.5 Occupation Safety and Health Act
The principal national law providing for worker safety and right-to-know is the Occupation Safety and Health Act (OSH). The broad policy goal of the OSH is to assure so far as possible every working man and woman in the nation a safe and healthful working environment. Most OSH requirements are overseen by the Occupational Safety and Health Administration (OSHA), which is part of the Department of Labor. OSHA's responsibilities include developing and promulgating occupational safety and health standards, and assuring that these standards are administered and enforced nationwide.
3.2.6 Federal Insecticide, Fungicide and Rodenticide Act
The basic national framework for pesticide control is provided by the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), which is administered by the Office of Pesticide Programs within the EPA. EPA uses FIFRA authority to collect information necessary to register and control the active ingredients in pesticides, and to impose comprehensive licensing, certification, and permitting requirements. FIFRA also provides for regulation of pesticide applicators.
3.2.7 Toxic Substances Control Act
The Toxic Substances Control Act (TSCA) declares a national policy to develop adequate data regarding the effects of chemical substances and mixtures on human health and the environment. TSCA also contains provisions that address specific chemicals, including asbestos, polychlorinated biphenyl (PCBs), and radon. TSCA is administered by the EPA Office of Pollution Prevention and Toxics.
3.2.8 Hazardous Materials Transportation Uniform Safety Act
The Hazardous Materials Transportation Uniform Safety Act (HMTA) impose comprehensive requirements on the transportation of both hazardous materials and hazardous wastes. Primary responsibility is assigned to the Department of Transportation (DOT), which administers the federal law covering the transportation of hazardous materials. The Research and Special Projects Administration (RSPA) defines hazardous materials and promulgates most technical and procedural standards targeted specifically to hazardous material transport.
Although the HMTA applies to both hazardous materials and hazardous waste, the EPA also regulates hazardous waste transport as part of the EPA's administration of the RCRA. RCRA authorizes EPA to issue additional requirements to meet the special risks associated with hazardous waste transport. However, EPA must ensure that its regulations are consistent with those published by the DOT.
3.2.9 Clean Air Act
The Clean Air Act (CAA) creates a comprehensive national framework for maintaining and enhancing air quality. The regulatory elements of the CAA are comprised of the following Title numbers:
- Title I Programs and Conventional Pollutants;
Includes air quality planning and implementation, pre-construction reviews for major sources, basic definitions, and State Implementation Plans (SIPs).
- Title II Mobile Sources;
Regulates air emissions from vehicles and aircraft.
- Title III Hazardous Air Pollutants (HAPs);
Defines HAPs and measures for their control and establishes the Accidental Release Prevention (ARP) program.
- Title IV Acid Deposition;
Requires acid rain reduction efforts.
- Title V Operating Permits;
Prescribes air emission permit program standards that states must follow.
- Title VI Stratosphere Ozone Protection;
Provides for the phase out of ozone depleting compounds (ODCs) and their replacement with alternate compounds, and regulates the recycling of ODCs.
- Title VII Enforcement.
Provides for the enforcement of the provisions of the CAA.
The EPA is assigned authority to define air pollutants, air quality standards, emission limitations, and permit requirements for stationary sources of air emissions.
3.2.10 Clean Water Act
The Clean Water Act (CWA) provides the basic national framework for water pollution control and water quality management throughout the United States (US). In tandem with the Rivers and Harbors Act, protection is extended to protection of the nation's waters to the fragile remnants of our coastal and inland wetlands. The EPA has nationwide authority to implement the CWA. The EPA and the US Army Corps of Engineers share authority for the protection of wetlands, and the EPA and the US Coast Guard implement the Oil Pollution Act (OPA).
3.2.11 Safe Drinking Water Act
The Safe Drinking Water Act (SDWA) creates a comprehensive national framework designed to ensure the quality and safety of our drinking water supplies. SDWA assigns primary enforcement authority to the EPA. The EPA's chief regulatory responsibility under the SDWA is to establish and maintain national primary drinking water standards and regulations. In addition, EPA uses its regulatory authority under SDWA to address specific problems such as lead in the drinking water supply and contamination of groundwater sources.
3.3 STATE REGULATORY REVIEW
3.3.1 RCW 7.48 - Nuisances
It is the purpose of this chapter to prevent the annoyance, injury or endangering of the comfort, repose, health and safety of others; that which offends the decency of, or unlawfully interferes with, obstructs or tends to obstruct, or render dangerous for passage, any lake or navigable river, bay, stream, canal or basin, or any public park, square, street or highway; or in any way render other persons insecure in life, or in the use of property.
3.3.2 RCW 15.58 --Washington Pesticide Control Act
The purpose of this chapter is to establish a statewide program for the formulation, distribution, storage, transportation, and disposal of any pesticide and the dissemination of accurate scientific information as to the proper use, or nonuse, of any pesticide. This program is important and vital to the maintenance of a high level of public health and welfare both immediate and future, and is hereby declared to be a business affected with the public interest. The provisions of this chapter are enacted in the exercise of the police powers of the state for the purpose of protecting the immediate and future health and welfare of the people of the state.
3.3.3 RCW 17.21 --Washington Pesticide Application Act
It is the purpose of this chapter to protect the immediate and future health and welfare of the people of the state with regard to the application and control of various pesticides.
3.3.4 RCW 35.21.120-158 -- Cities and Towns Solid Waste Provisions
It is the purpose of these sections to permit cities and towns to establish and manage a solid waste handling system. Specifically addressed are; contracts and agreements; ordinances; curbside recycling; vendor selection process; establishments of rates and increases and the collection and transportation of recyclable materials by recycling companies or non-profit entities.
3.3.5 RCW 36.58 -- Solid Waste Disposal
It is the purpose of this chapter to permit counties under limited conditions to manage the disposal of their solid waste. Specifically addressed are; solid waste handling systems; solid waste collection service fees; transfer stations; contracts with vendors of solid waste handling systems; solid waste disposal districts and the collection and transportation of recyclable materials by recycling companies and non-profit entities.
3.3.6 RCW 36.58A - Solid Waste Collection Districts
It is the purpose of this chapter to authorize the creation, modification and dissolution of a solid waste collection district.
3.3.7 RCW 39.34 -- Interlocal Cooperation Act
It is the purpose of this chapter to permit local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population and other factors influencing the needs and development of local communities.
3.3.8 RCW 43.19A --Recycled Product Procurement
It is the purpose of this chapter to:
- substantially increase the procurement of recycled content products by all local governmental agencies and public schools, and provide a model to encourage a comparable commitment by Washington State citizens and businesses in their purchasing practices;
- target government procurement policies and goals toward those recycled products for which there are significant market development needs or that may substantially contribute to solutions to the state's waste management problems;
- provide standards for recycled products for use in procurement programs by all governmental agencies;
- provide the authority for all governmental agencies to adopt preferential purchasing policies for recycled products;
- direct state agencies to develop strategies to increase recycled product purchases, and to provide specific goals for procurement of recycled paper products and organic recoverable materials;
- provide guidance and direction for local governments and other public agencies to develop plans for increasing the procurement of recycled content products.
3.3.9 RCW 43.70.190 - Public Health Violations
It is the purpose of this section to allow local health officers to bring an action to enjoin a violation or the threatened violation of any provisions of the public health laws of this state or any rules or regulations made by the state board of health or the department of health pursuant to said laws, or may bring any legal proceeding authorized by law, including, but not limited to, the special proceedings authorized in Title 7 RCW, in the superior court in the county in which the violation occurs or is about to occur.
3.3.10 RCW 46.48 - Transportation of Hazardous Materials
It is the purpose of this chapter to authorize the Washington State Patrol (WSP) to adopt and enforce the regulations promulgated by the DOT, as these regulations apply to motor carriers. The WSP shall confer with the emergency management council under RCW 38.52.040 and may make rules and regulations pertaining thereto, sufficient to protect persons and property from unreasonable risk of harm or damage.
3.3.11 RCW 46.55 - Towing and Impoundment
It is the purpose of this chapter to establish requirements for tow truck operators, vehicle storage areas, sale of unredeemed property, junk vehicle removal, disposal, sale and authorization for local regulations concerning unauthorized, abandoned, or impounded vehicles. Under this chapter the abandonment of any vehicle creates a prima facie presumption that the last registered owner of record is responsible for the abandonment and is liable for costs incurred in removing, storing, and disposing of the abandoned vehicle. Additionally it is illegal under this chapter for a registered owner to abandon a junk vehicle within the incorporated and unincorporated areas of the state.
3.3.12 RCW 70.05.060 - Powers and Duties of Local Board of Health
It is the purpose of this section to outline the powers and duties of the local board of health in all matters pertaining to the preservation of the life and health of the people within its jurisdiction and shall:
- enforce through the local health officer or the administrative officer appointed under RCW 70.05.040, if any, the public health statutes of the state and rules promulgated by the state board of health and the secretary of health; supervise the maintenance of all health and sanitary measures for the protection of the public health within its jurisdiction;
- enact such local rules and regulations as are necessary in order to preserve, promote and improve the public health and provide for the enforcement thereof;
- provide for the control and prevention of any dangerous, contagious or infectious disease within the jurisdiction of the local health department;
- provide for the prevention, control and abatement of nuisances detrimental to the public health;
- make such reports to the state board of health through the local health officer or the administrative officer as the state board of health may require;
- establish fee schedules for issuing or renewing licenses or permits or for such other services as are authorized by the law and the rules of the state board of health; PROVIDED, that such fees for service shall not exceed the actual cost of providing any such services.
3.3.13 RCW 70.93 - Waste Reduction Recycling and Model Litter Control Act
It is the purpose of this chapter to accomplish litter control, increase waste reduction, and stimulate all components of recycling throughout this state by delegating to the Department of Ecology (DOE) the authority to:
- conduct a permanent and continuous program to control and remove litter from this state to maximum practical extent possible;
- recover and recycle waste materials related to litter and littering;
- foster public and private recycling of recyclable materials;
- increase public awareness of the need for waste reduction, recycling, and litter control;
- coordinate the litter collection efforts and expenditure of funds for litter collection by other agencies identified in this chapter.
It is further the intent and purpose of this chapter to create jobs for employment of youth in litter cleanup and related activities and to stimulate and encourage small, private recycling centers. This program shall include the compatible goal of recovery of recyclable materials to conserve energy and natural resources wherever practicable. Every other department of state government and all local governmental units and agencies of this state shall cooperate with the DOE in the administration and enforcement of this chapter. The intent of this chapter is to add to and coordinate existing recycling and litter control and removal efforts and not terminate or supplant such efforts.
RCW 70.93 makes it a misdemeanor for a person to litter in an amount greater than one cubic foot but less than one cubic yard in an unincorporated area of a county. Persons found guilty shall pay a litter cleanup restitution payment equal to twice the actual cost of cleanup, or fifty dollars per cubic foot of litter, whichever is greater. RCW 70.93 makes it is a gross misdemeanor for a person to litter in an amount of one cubic yard or more in an unincorporated area of a county. Persons found guilty shall pay a litter cleanup restitution payment equal to twice the actual cost of cleanup, or one hundred dollars per cubic foot of litter, whichever is greater. Additionally, it is a gross misdemeanor for a person to abandon a junk vehicle on property located in an unincorporated area. If a junk vehicle is abandoned in an unincorporated area, the vehicle's registered owner shall also pay a cleanup restitution payment equal to twice the cost incurred in the removal of the junk vehicle.
3.3.14 RCW 70.94 -- Washington Clean Air Act
It is the purpose of this chapter to preserve, protect, and enhance the air quality for current and future generations. Air is an essential resource that must be protected from harmful levels of pollution. Improving air quality is a matter of statewide concern and is in the public interest. It is the intent of this chapter to secure and maintain levels of air quality that protect human health and safety, including the most sensitive members of the population, to comply with the requirements of the federal clean air act, to prevent injury to plant, animal life, and property, to foster the comfort and convenience of Washington's inhabitants, to promote the economic and social development of the state, and to facilitate the enjoyment of the natural attractions of the state.
It is further the intent of this chapter to protect the public welfare, to preserve visibility, to protect scenic, aesthetic, historic, and cultural values, and to prevent air pollution problems that interfere with the enjoyment of life, property, or natural attractions.
Because of the extent of the air pollution problem, the legislature finds it necessary to return areas with poor air quality to levels adequate to protect health and the environment as expeditiously as possible. Further, it is the intent of this chapter to prevent any areas of the state with acceptable air quality from reaching air contaminant levels that are not protective of human health and the environment. The legislature recognizes that air pollution control projects may affect other environmental media. In selecting air pollution control strategies, state and local agencies shall support those strategies that lessen the negative environmental impact of the project on all environmental media, including air, water, and land. The legislature further recognizes that energy efficiency and energy conservation can help to reduce air pollution and shall therefore be considered when making decisions on air pollution control strategies and projects.
It is the policy of the state that the costs of protecting the air resource and operating state and local air pollution control programs shall be shared as equitably as possible among all sources whose emissions cause air pollution. It is also declared as public policy that regional air pollution control programs are to be encouraged and supported to the extent practicable as essential instruments for the securing and maintenance of appropriate levels of air quality. To these ends it is the purpose of this chapter to safeguard the public interest through an intensive progressive, and coordinated state-wide program of air pollution prevention and control, to provide for an appropriate distribution of responsibilities, and to encourage coordination and cooperation between the state, regional, and local units of government, to improve cooperation between state and federal government, public and private organizations, and the concerned individual, as well as to provide for the use of all known, available, and reasonable methods to reduce, prevent, and control air pollution.
The legislature recognizes that the problems and effects of air pollution cross political boundaries, are frequently regional or inter-jurisdictional in nature, and are dependent upon the existence of human activity in areas having common topography and weather conditions conducive to the buildup of air contaminants. In addition, the legislature recognizes that air pollution levels are aggravated and compounded by increased population, and its consequences. These changes often result in increasingly serious problems for the public and the environment. The legislature further recognizes that air emissions from thousands of small individual sources are major contributors to air pollution in many regions of the state. As the population of a region grows, small sources may contribute an increasing proportion of that region's total air emissions. It is declared to be the policy of the state to achieve significant reductions in emissions from those small sources whose aggregate emissions constitute a significant contribution to air pollution in a particular region.
It is the intent of the legislature that air pollution goals be incorporated in the missions and actions of state agencies
3.3.15 RCW 70.95 -- Solid Waste Management Reduction and Recycling
The purpose of this chapter is to establish a comprehensive state-wide program for solid waste handling, and solid waste recovery and/or recycling which will prevent land, air, and water pollution and conserve the natural, economic, and energy resources of this state. To this end it is the purpose of this chapter to:
- assign primary responsibility for adequate solid waste handling to local government, reserving to the state, however, those functions necessary to assure effective programs throughout the state;
- provide for adequate planning for solid waste handling by local government;
- provide for the adoption and enforcement of basic minimum performance standards for solid waste handling;
- encourage the development and operation of waste recycling facilities needed to accomplish the management priority of waste recycling, and to promote consistency in the requirements for such facilities throughout the state;
- provide technical and financial assistance to local governments in the planning, development, and conduct of solid waste handling programs;
- encourage storage, proper disposal, and recycling of discarded vehicle tires and to stimulate private recycling programs throughout the state;
- encourage the development and operation of waste recycling facilities and activities needed to accomplish the management priority of waste recycling and to promote consistency in the permitting requirements for such facilities and activities throughout the state.
It is the intent of the legislature that local governments are encouraged to use the expertise of private industry and to contract with private industry to the fullest extent possible to carry out solid waste recovery and/or recycling programs.
3.3.16 RCW 70.95C -- Waste Reduction
It is the purpose of this chapter to encourage reduction in the use of hazardous substances and reduction in the generation of hazardous waste whenever economically and technically practicable. Additionally, state government should undertake an aggressive program designed to reduce and recycle solid and hazardous wastes produced in the operations of state buildings and facilities to the maximum extent possible.
3.3.17 RCW 70.95D -- Solid Waste Incinerator and Landfill Operators
It is the purpose of this chapter to require all owners or operators of solid waste incineration facilities and landfills to employ a certified operator. Additionally, the chapter establishes a process for operator certification.
3.3.18 RCW 70.95E -- Hazardous Waste Fees
It is the purpose of this chapter to impose an annual fee upon every hazardous waste generator doing business in the state. A hazardous waste generator shall be exempt from the fee imposed under this chapter if the value of the products, gross proceeds of sales, or gross income of the business, from all business activities of the hazardous waste generator, is less than twelve thousand dollars in the current calendar year.
3.3.19 RCW 70.95F -- Label of Plastics
It is the purpose of this chapter to adopt nation-wide plastics industry standards. No person may distribute, sell, or offer for sale in this state a plastic bottle or rigid plastic container unless the container is labeled with a code identifying the appropriate resin type used to produce the structure of the container. The code shall consist of a number placed within three triangulated arrows and letters placed below the triangle of arrows. The triangulated arrows shall be equilateral, formed by three arrows with the apex of each point of the triangle at the midpoint of each arrow, rounded with a short radius. The pointer (arrowhead) of each arrow shall be at the midpoint of each side of the triangle with a short gap separating the pointer from the base of the adjacent arrow. The triangle, formed by the three arrows curved at their midpoints shall depict a clockwise path around the code number. The number and letters used shall be as follows:
- 1 = PETE (polyethylene terephthalate)
- 2 = HDPE (high density polyethylene)
- 3 = V (vinyl)
- 4 = LDPE (low density polyethylene)
- 5 = PP (polypropylene)
- 6 = PS (polystyrene)
- 7 = OTHER
3.3.20 RCW 70.95G -- Packages Containing Metals
It is the purpose of this chapter to achieve a reduction in toxicity without impeding or discouraging the expanded use of post-consumer materials in the production of packaging and its components. The sum of the concentration levels of lead, cadmium, mercury, and hexavalent chromium present in any package or packaging component shall not exceed 100 parts per million by weight. This shall apply only to lead, cadmium, mercury, and hexavalent chromium that have been intentionally introduced as an element during manufacturing or distribution. Manufacturers must certify that a package or packaging component is in compliance with the requirements of this chapter.
3.3.21 RCW 70.95I -- Used Oil Recycling
It is the purpose of this chapter to encourage the collection, reuse and recycling of used oil by households and businesses. To this end, each local government must develop a used oil recycling plan containing the following elements:
- establish a local goal for household used oil recycling;
- sign and container ordinances enforcing the requirements of RCW 70.95I.040;
- conduct a used oil recycling public education program;
- establish a funding mechanism to implement the adopted used oil recycling plan.
Additionally this chapter prohibits the use of used oil for dust suppression or weed abatement and prohibits owners or operators of solid waste landfills from knowingly accepting used oil for disposal in the landfill.
3.3.22 RCW 70.95J -- Municipal Sewage Sludge - Biosolids
The purpose of this chapter is to provide the DOE and local governments with the authority and direction to meet federal regulatory requirements for municipal sewage sludge. Additionally, it establishes a statewide program to manage municipal sewage sludge to the maximum extent possible to ensure that municipal sewage sludge is reused as a beneficial commodity and is managed in a manner that minimizes risk to the public health and safety and the environment.
3.3.23 RCW 70.95K -- Biomedical Waste
The purpose of this chapter is to establish a uniform statewide definition of biomedical waste to simplify compliance with local regulations while preserving local control of biomedical waste management. Additionally, it prohibits a person from intentionally placing unprotected sharps or a sharps waste container into:
- recycling containers provided by a city, county, or solid waste collection company, or any other recycling collection site unless that site is specifically designated by a local health department as a drop-off site for sharps waste containers;
- cans, carts, drop boxes, or other containers in which refuse, trash, or solid waste has been placed for collection if a source separated collection service is provided for residential sharps waste.
It is not a violation of this chapter to place a sharps waste container into a household refuse receptacle if the Washington Utilities and Transportation Commission (WUTC) determines that such placement is necessary to reduce the potential for theft of the sharps waste container.
3.3.24 RCW 70.105 -- Hazardous Waste Management Act
The purpose of this chapter is to establish a comprehensive state-wide 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 to:
- provide broad powers of regulation to the DOE relating to management of hazardous wastes and releases of hazardous substances;
- promote waste reduction and to encourage other improvements in waste management practices;
- 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;
- provide for prevention of problems related to improper management of hazardous substances before such problems occur;
- assure that needed hazardous waste management facilities may be sited in the state, and to ensure the safe operation of the facilities
3.3.25 RCW 70.105D -- Hazardous Waste Cleanup - Model Toxics Control Act
The purpose of this chapter is to raise sufficient funds to clean up all hazardous waste sites within the state and to prevent the creation of future hazards due to improper disposal of toxic wastes into the state's land and waters. Specifically, two toxic control accounts are created within the state treasury from revenues raised by the tax imposed under RCW 82.21.030.
State Toxic Control Account
Moneys in this account may be used only to carry out the purpose of this chapter, including but not limited to the following activities:
- the state's responsibility for hazardous waste planning, management, regulation, enforcement, technical assistance, and public education required under Chapter 70.105 RCW;
- the state's responsibility for solid waste planning, management, regulation, enforcement, and public education required under Chapter 70.95 RCW;
- the hazardous waste clean up program required under this chapter;
- state matching funds required under the federal cleanup law;
- financial assistance for local programs in accordance with Chapters 70.95, 70.95C, 70.95I, and 70.105 RCW;
- state government programs for the safe reduction, recycling, or disposal of hazardous waste from households, small businesses, and agriculture;
- hazardous materials emergency response training;
- water and environmental health protection and monitoring programs;
- programs authorized under Chapter 70.146 RCW;
- a public participation program, including regional citizen advisory committees;
- public funding to assist potentially liable persons to pay for the costs of remedial action in compliance with cleanup standards under RCW 70.105D.030(2)(e) but only when the amount and terms of such funding are established under a settlement agreement under RCW 70.105D.040(4) and when the director has found that the funding will achieve both (A) a substantially more expeditious or enhanced cleanup than could otherwise occur, and (B) the prevention or mitigation of unfair economic hardship;
- development and demonstration of alternative management technologies designed to carry out the top two hazardous waste management priorities of RCW 70.105.150.
Local Toxic Control Account
Moneys deposited in this account shall be used by the DOE for grants or loans to local governments for the following purposes in the descending order of priority:
- remedial actions;
- hazardous waste plans and programs under Chapter 70.105 RCW;
- solid waste plans and programs under Chapters 70.95, 70.95C, 70.95I, and 70.105 RCW;
- funds for a program to assist in the assessment and cleanup of sites of methamphetamine production, but not to be used for the initial contamination of such sites, consistent with the responsibilities and intent of RCW 69.50.511.
No moneys deposited into either the state or local toxic control accounts may be used for solid waste incineration feasibility studies, construction, maintenance, or operation.