Current through Register Vol. 24-06, March 15, 2024
(1) Purpose and applicability. This section
sets forth the requirements for any person responsible for a spill or discharge
of a dangerous waste or hazardous substance into the environment, except when
such release is otherwise permitted under state or federal law. For the
purposes of complying with this section, a transporter who spills or discharges
dangerous waste or hazardous substances during transportation will be
considered the responsible person. This section applies when any dangerous
waste or hazardous substance is intentionally or accidentally spilled or
discharged into the environment (unless otherwise permitted) such that human
health or the environment is threatened, regardless of the quantity of
dangerous waste or hazardous substance.
(2) Notification. Any person who is
responsible for a spill or nonpermitted discharge must immediately notify the
individuals and authorities described for the following situations:
(a) For spills or discharges onto the ground
or into groundwater or surface water, notify all local authorities in
accordance with the local emergency plan. If necessary, check with the local
emergency service coordinator and the fire department to determine all
notification responsibilities under the local emergency plan. Also, notify the
appropriate regional office of the department of ecology;
(b) For spills or discharges which result in
emissions to the air, notify all local authorities in accordance with the local
emergency plan. If necessary, check with the local emergency service
coordinator and the fire department to determine all notification
responsibilities under the local emergency plan. Also, in western Washington
notify the local air pollution control authority; in eastern Washington notify
the local air authority or the appropriate regional office of the department of
ecology in those areas where there is no local authority.
(3) Mitigation and control. The person
responsible for a spill or nonpermitted discharge must take appropriate
immediate action to protect human health and the environment (e.g., diking to
prevent contamination of state waters, shutting of open valves).
(a) In addition, the person responsible for a
spill or discharge must:
(i) Clean up all
released dangerous wastes or hazardous substances, or take such actions as may
be required or approved by federal, state, or local officials acting within the
scope of their official responsibilities. This may include complete or partial
removal of released dangerous wastes or hazardous substances as may be
justified by the nature of the released dangerous wastes or hazardous
substances, the human and environmental circumstances of the incident, and
protection required by the Water Pollution Control Act,
chapter
90.48 RCW;
(ii) Designate and treat, store or dispose of
all soils, waters, or other materials contaminated by the spill or discharge in
accordance with this chapter 173-303 WAC. The department may require testing in
order to determine the amount or extent of contaminated materials, and the
appropriate designation, treatment, storage, or disposal for any materials
resulting from cleanup; and
(iii)
If the property on which the spill or discharge occurred is not owned or
controlled by the person responsible for the incident, restore the area
impacted by the spill or discharge, and replenish resources (e.g., fish,
plants) in a manner acceptable to the department.
(b)
(i)
Where immediate removal, temporary storage, or treatment of spilled or
discharged dangerous wastes or hazardous substances is necessary to protect
human health or the environment, the department may direct persons to:
(A) Remove it without a manifest, by
transporters who do not have EPA/state identification numbers;
(B) Temporarily store it at sites that are
protective of human health and the environment and are secure from access by
the public; and/or
(C) Treat it to
reduce or control the hazards, under WAC
173-303-170.
(ii) When the department seeks to direct
persons who are not responsible for a spill or discharge to carry out actions
pursuant to this section, it will obtain their concurrence. It is the intent of
the department that persons who provide these services may be deemed "good
samaritans" under the provisions of
chapter
70.136 RCW.
(4) Nothing in WAC
173-303-145 eliminates any
obligations to comply with reporting requirements which may exist in a permit
or under other state or federal regulations.
Statutory Authority:
Chapters
70.105 and
70.105D RCW. 09-14-105 (Order
07-12), § 173-303-145, filed 6/30/09, effective 7/31/09; 98-03-018 (Order
97-03), § 173-303-145, filed 1/12/98, effective 2/12/98; 95-22-008 (Order
94-30), § 173-303-145, filed 10/19/95, effective 11/19/95; 92-15-036
(Order 91-44), § 173-303-145, filed 7/8/92, effective 8/8/92. Statutory
Authority:
Chapters
70.105 and
70.105D RCW, 40 C.F.R. Part 271.3
and RCRA § 3006 ( 42 U.S.C. 3251 ). 91-07-005 (Order 90-42), §
173-303-145, filed 3/7/91, effective 4/7/91. Statutory Authority:
Chapter
70.105 RCW. 84-09-088
(Order DE 83-36), § 173-303-145, filed 4/18/84. Statutory Authority:
Chapter
70.105 RCW and
RCW
70.95.260. 82-05-023 (Order DE 81-33), §
173-303-145, filed 2/10/82.