70.105D.110 - Releases of hazardous substances -- Notice -- Exemptions.

Releases of hazardous substances — Notice — Exemptions.

(1) Except as provided in subsection (5) of this section, any owner or operator of a facility that is actively transitioning from operating under a federal permit for treatment, storage, or disposal of hazardous waste issued under 42 U.S.C. Sec. 6925 to operating under the provisions of this chapter, who has information that a hazardous substance has been released to the environment at the owner or operator's facility that may be a threat to human health or the environment, shall issue a notice to the department within ninety days. The notice shall include a description of any remedial actions planned, completed, or underway.

     (2) The notice must be posted in a visible, publicly accessible location on the facility, to remain in place until all remedial actions except confirmational monitoring are complete.

     (3) After receiving the notice from the facility, the department must review the notice and mail a summary of its contents, along with any additional information deemed appropriate by the department, to:

     (a) Each residence and landowner of a residence whose property boundary is within three hundred feet of the boundary of the property where the release occurred or if the release occurred from a pipeline or other facility that does not have a property boundary, within three hundred feet of the actual release;

     (b) Each business and landowner of a business whose property boundary is within three hundred feet of the boundary of the property where the release occurred;

     (c) Each residence, landowner of a residence, and business with a property boundary within the area where hazardous substances have come to be located as a result of the release;

     (d) Neighborhood associations and community organizations representing an area within one mile of the facility and recognized by the city or county with jurisdiction within this area;

     (e) The city, county, and local health district with jurisdiction within the areas described in (a), (b), and (c) of this subsection; and

     (f) The department of health.

     (4) A notice produced by a facility shall provide the following information:

     (a) The common name of any hazardous substances released and, if available, the chemical abstract service registry number of these substances;

     (b) The address of the facility where the release occurred;

     (c) The date the release was discovered;

     (d) The cause and date of the release, if known;

     (e) The remedial actions being taken or planned to address the release;

     (f) The potential health and environmental effects of the hazardous substances released; and

     (g) The name, address, and telephone number of a contact person at the facility where the release occurred.

     (5) The following releases are exempt from the notification requirements in this section:

     (a) Application of pesticides and fertilizers for their intended purposes and according to label instructions;

     (b) The lawful and nonnegligent use of hazardous household substances by a natural person for personal or domestic purposes;

     (c) The discharge of hazardous substances in compliance with permits issued under chapter 70.94, 90.48, or 90.56 RCW;

     (d) De minimis amounts of any hazardous substance leaked or discharged onto the ground;

     (e) The discharge of hazardous substances to a permitted waste water treatment facility or from a permitted waste water collection system or treatment facility as allowed by a facility's discharge permit;

     (f) Any releases originating from a single-family or multifamily residence, including but not limited to the discharge of oil from a residential home heating oil tank with the capacity of five hundred gallons or less;

     (g) Any spill on a public road, street, or highway or to surface waters of the state that has previously been reported to the United States coast guard and the state division of emergency management under chapter 90.56 RCW;

     (h) Any release of hazardous substances to the air;

     (i) Any release that occurs on agricultural land, including land used to grow trees for the commercial production of wood or wood fiber, that is at least five acres in size, when the effects of the release do not come within three hundred feet of any property boundary. For the purposes of this subsection, agricultural land includes incidental uses that are compatible with agricultural or silvicultural purposes, including, but not limited to, land used for the housing of the owner, operator, or employees, structures used for the storage or repair of equipment, machinery, and chemicals, and any paths or roads on the land; and

     (j) Releases that, before January 1, 2003, have been previously reported to the department, or remediated in compliance with a settlement agreement under RCW 70.105D.040(4) or enforcement order or agreed order issued under this chapter or have been the subject of an opinion from the department under RCW 70.105D.030(1)(i) that no further remedial action is required.

     An exemption from the notification requirements of this section does not exempt the owner or operator of a facility from any other notification or reporting requirements, or imply a release from liability under this chapter.

     (6) If a significant segment of the community to be notified speaks a language other than English, an appropriate translation of the notice must also be posted and mailed to the department in accordance with the requirements of this section.

     (7) The facility where the release occurred is responsible for reimbursing the department within thirty days for the actual costs associated with the production and mailing of the notices under this section.

[2002 c 288 § 2.]

Notes: Effective date -- 2002 c 288 §§ 2-4: "Sections 2 through 4 of this act take effect January 1, 2003." [2002 c 288 § 6.]

Severability -- 2002 c 288: See note following RCW 70.105D.010.