Current through Register Vol. 24-06, March 15, 2024
(1)
Applicability.
(a) The requirements of
subsections (3), (4), (7), (8), (9), and (10) of this section, apply to owners
and operators of all dangerous waste facilities, except as provided otherwise
in this section.
(b) The
requirements of subsections (5) and (6) of this section apply to owners and
operators of:
(i) Dangerous waste disposal
facilities;
(ii) Tank systems that
are required under WAC
173-303-640(8)
to meet the requirements of landfills;
(iii) Miscellaneous units as specified in WAC
173-303-680(4);
(iv) Waste piles and surface impoundments to
the extent that WAC
173-303-650
and
173-303-660,
respectively, require that such facilities comply with this section;
and
(v) Containment buildings that
are required under WAC
173-303-695
to meet the requirements for landfills.
(c) States and the federal government are
exempt from the requirements of this section.
(i) Operators of state or federally owned
facilities are exempt from the requirements of this section, except subsections
(3) and (5) of this section.
(ii)
Operators of facilities that are not state or federally owned must meet all of
the requirements of this section, even if the facility is leased by or
otherwise under contract with the state or federal government.
(d) The director may, in an
enforceable document, replace all or part of the requirements of this section
with alternative requirements for financial assurance when they:
(i) Apply alternative requirements for
groundwater monitoring, closure or post-closure under WAC
173-303-610(1)(e)
or
173-303-645(1)
(f); and
(ii) Determine that it is not necessary to
apply the requirements of this section because the alternative requirements
will protect human health and the environment.
(e) Except as provided in (c) of this
subsection, the requirements of subsections (3), (4), (8), (9) and (10) of this
section apply to owners and operators of off-site recycling facilities and
processors/rerefiners of used oil, except the term "recycling unit" will
replace the terms "dangerous waste management unit" or "regulated unit."
(i) If the closure plan for an off-site
recycling or used oil processing/rerefining facility has not been approved by
the department within one year of submittal to the department, the department
may determine the closure cost estimate and direct the facility to establish
financial assurance in that amount. Note that the schedule for partially funded
trust funds for existing facilities of WAC 173-303-620(4)(c)(i) may
apply.
(ii) Relationship to closure
cost estimates and financial responsibility for permitted facilities. A
facility owner/operator that is subject to closure cost estimating and
financial responsibility requirements for dangerous waste management units and
recycling unit may choose to consolidate those requirements into a single
mechanism for submittal to the department.
(2) Definitions. As used in this section, the
following listed or referenced terms have the meanings given below:
(a) "Closure plan" means the plan for closure
prepared in accordance with the requirements of WAC
173-303-610(3),
or for off-site recycling or used oil processing facilities prepared in
accordance with WAC
173-303-610(12);
(b) "Current closure cost estimate" means the
most recent of the estimates prepared in accordance with subsection (3) of this
section;
(c) "Current post-closure
cost estimate" means the most recent of the estimates prepared in accordance
with subsection (5) of this section;
(d) "Parent corporation" means a corporation
which directly owns at least fifty percent of the voting stock of the
corporation which is the facility owner or operator; the latter corporation is
deemed a "subsidiary" of the parent corporation;
(e) "Post-closure plan" means the plan for
post-closure care prepared in accordance with the requirements of WAC
173-303-610(7), (8), (9),
and (10);
(f) "Regional administrator" means the
department;
(g) "Hazardous waste"
means dangerous waste; and
(h) The
additional terms listed and defined in
40 C.F.R.
264.141(f), (g), and (h) are
incorporated by reference.
(3) Cost estimate for facility closure.
(a) The owner or operator must have a
detailed written estimate, in current dollars, of the cost of closing the
facility in accordance with the requirements in WAC
173-303-610(2) through
(6), and applicable closure requirements in
WAC
173-303-630(10),
173-303-640(5),
173-303-650(6),
173-303-655(8),
173-303-660(9),
173-303-665(6),
173-303-670(8),
173-303-680(2) through
(4) and
173-303-695.
The closure cost estimate:
(i) Must equal the
cost of closure at the point in the facility's operating life when the extent
and manner of its operation would make closure the most expensive, as indicated
by its closure plan (see WAC
173-303-610(3)(a)
);
(ii) Must be based on the costs
to the owner or operator of hiring a third party to close the facility. A third
party is a party who is neither a parent nor a subsidiary of the owner or
operator. On a case-by-case basis, the department may determine that a party
that shares common ownership, a common parent corporation, or other higher-tier
corporate ownership, may not qualify as a third party. (See definition of
parent corporation in subsection (2)(d) of this section.) The owner or operator
may use costs for on-site disposal if the guarantor can demonstrate that
on-site disposal capacity will exist at all times over the life of the
facility;
(iii) May not incorporate
any salvage value that may be realized with the sale of dangerous wastes, or
nondangerous wastes if applicable under WAC
173-303-610(4)(d),
facility structures or equipment, land, or other assets associated with the
facility at the time of partial or final closure;
Except that, off-site recyclers subject to WAC
173-303-120(3)
or (4), or off-site used oil processors
subject to WAC
173-303-515(9)
may exclude the estimated value for certain types of recyclable materials from
the estimated cost of closing a recycling unit. This exclusion may include
dangerous wastes or used oil held in tanks or containers that are dedicated
solely to the management of recyclable materials that will require only
incidental processing prior to producing a product that may be sold to the
general public. Incidental processing may include simple screening or filtering
to remove minor amounts of foreign material or removal of less than five
percent water by volume;
(iv) May not incorporate a zero cost for
dangerous wastes, or nondangerous wastes if applicable under WAC
173-303-610(4)(d),
that might have economic value; and
(v) May not be reduced for "net present
value," "present discounted value," or other adjustments.
(b) During the active life of the facility,
the owner or operator must revise the closure cost estimate no later than
thirty days after the department has approved the request to modify the closure
plan, if the change in the closure plan increases the cost of closure. The
revised closure cost estimate must be adjusted for inflation as specified in
(c)(i) and (ii) of this subsection.
(c) During the active life of the facility,
the owner or operator must adjust the closure cost estimate for inflation
within sixty days prior to the anniversary date of the establishment of the
financial instrument(s) used to comply with this section. For owners and
operators using the financial test or corporate guarantee, the closure cost
estimate must be updated for inflation within thirty days after the close of
the firm's fiscal year and before submission of updated information to the
department as specified in subsection (4) of this section. The adjustment may
be made by recalculating the maximum costs of closure in current dollars, or by
using an inflation factor derived from the most recent
Implicit Price
Deflator for Gross National Product or Gross Domestic Product as
published by the United States Department of Commerce in its survey of current
business. The inflation factor is the result of dividing the latest published
annual deflator by the deflator for the previous year.
(i) The first adjustment is made by
multiplying the closure cost estimate by the inflation factor. The result is
the adjusted closure cost estimate.
(ii) Subsequent adjustments are made by
multiplying the latest adjusted closure cost estimate by the latest inflation
factor.
(d) During the
operating life of the facility, the owner or operator must keep at the facility
the latest closure cost estimate prepared in accordance with (a) and (b) of
this subsection, and, when this estimate has been adjusted in accordance with
(c) of this subsection, the latest adjusted closure cost estimate.
(4) Financial assurance for
facility closure.
(a) An owner or operator of
a TSD, or off-site recycling or used oil processing/rerefining facility must
establish financial assurance for closure of the facility. The owner or
operator must choose from the following options or combination of options:
(i) Closure trust fund;
(ii) Surety bond guaranteeing payment into a
closure trust fund;
(iii) Surety
bond guaranteeing performance of closure;
(iv)
Closure letter of credit;
(v) Closure insurance; or
(vi) Financial test and/or corporate
guarantee for closure.
(b) In satisfying the requirements of
financial assurance for facility closure in this subsection, the owner or
operator must meet all the requirements for the mechanisms listed above as set
forth in
40 C.F.R.
264.143 which are incorporated by reference.
If the facilities covered by the mechanism are in more than one state,
identical evidence of financial assurance must be submitted to and maintained
with the state agency regulating hazardous waste or with the appropriate
regional administrator if the facility is located in an unauthorized
state.
(c) An owner or operator of
an off-site recycling or used oil processing/rerefining facility may also meet
the requirements of this subsection through the use of an assigned security
deposit held in a Washington state bank. This mechanism is not available to an
owner or operator of a TSD.
(i) The department
will establish minimum standards for the assigned security deposit mechanism.
These standards will include, but are not limited to, the language to be used
in the assignment form. Copies of the assignment forms will be available from
the department.
(ii) The department
is not required to accept an assigned security deposit that does not meet the
established minimum standards.
(d)
40 C.F.R.
264.143 is modified by the following
requirements:
(i) Partially funded trust funds
of 264.143 (a)(3) may not be accepted as a mechanism for a closure trust fund
for TSDs. Owners and operators of existing used oil and recycling units that
become subject to this section may establish a partially funded closure trust
fund with a pay-in period of five years. The fund must be fully funded no later
than five years (and the first, second, third, fourth, and fifth payments due
no later than one, two, three, four, and five year(s) respectively) after the
date of the department's approval of the closure plan under WAC
173-303-610(12)(b);
(ii) Insurance companies providing closure
coverage must have a current rating of financial strength of:
(A) AAA, AA+, AA, AA-, A+, A as rated by
Standard and Poor's;
(B) Aaa, Aa1,
Aa2, Aa3, A1, A2 as rated by Moody's; or
(C) A++, A+, A, A-, B++, B+ as rated by A.M.
Best;
(iii) Ecology must
be named as secondary beneficiary on an insurance policy;
(iv) Facility owners/operators and corporate
guarantors requesting the use of the financial test or corporate guarantee must
meet a minimum tangible net worth criterion of twenty-five million
dollars;
(v) Facility
owners/operators and corporate guarantors requesting the use of the financial
test or corporate guarantee are not required to submit a "negative assurance"
report, such as the one detailed in
40 C.F.R.
264.143(f)(3)(iii). A
financial test or corporate guarantee submission must instead include a CPA
report based on an "Agreed Upon Procedures" engagement that complies with the
American Institute of Certified Public Accountants' "Statement on Auditing
Standards No. 75, Engagements to apply Agreed-Upon Procedures to Specific
Elements, Accounts or Items of a Financial Statement" or any subsequent
equivalent document from AICPA. This report must describe the procedures
performed and related findings, including whether or not there were
discrepancies found in the comparison.
(e) Owners and operators of off-site
recycling facilities regulated under WAC
173-303-120(3)
or (4), or used oil pro-cessing/rerefining
facilities regulated under WAC
173-303-515(9),
must demonstrate financial assurance for closure of the facility or recycling
units. In addition to the requirements of
40 C.F.R.
264.143, as amended by this subsection, the
financial assurance must meet the following requirements:
(i) For existing facilities choosing a surety
bond guaranteeing payment, surety bond guaranteeing performance, letter of
credit, insurance, financial test, corporate guarantee, or assigned security
deposit, the mechanism must be established within thirty-six months of the
effective date of this section;
(ii) Owners and operators of existing
facilities choosing a partially funded trust fund mechanism must establish a
fully funded trust fund within sixty months of approval of the closure plan by
the department (see (c)(i) of this subsection);
(iii) For new facilities, financial assurance
must be established and submitted to the department at least sixty days prior
to the acceptance of the first shipment of wastes.
(f) Owners and operators of off-site
recycling facilities regulated under WAC
173-303-120(3)
or (4), or used oil processing/rerefining
facilities regulated under WAC
173-303-515(9)
may request an alternative mechanism for financing the closure of recycling
units that is determined by the department to be equivalent to one of the
methods listed in (a) of this subsection. This may include any alternative
mechanism as may be established through action by the Washington state
legislature. An assigned security deposit that meets the department's standards
is an equivalent alternative mechanism within the meaning of this
section.
(g) The amount of
financial assurance for closure must not be less than the facility's current
closure cost estimate. Financial assurance amounts, regardless of mechanism,
may not be reduced for "net present value," "present discounted value," or
other adjustments.
(5)
Cost estimate for post-closure monitoring and maintenance.
(a) The owner or operator of a facility
subject to post-closure monitoring or maintenance requirements must have a
detailed written estimate, in current dollars, of the annual cost of
post-closure monitoring and maintenance of the facility in accordance with the
applicable post-closure regulations in WAC
173-303-610(7) through
(10),
173-303-650(6),
173-303-655(8),
173-303-660(9),
173-303-665(6),
and
173-303-680(4).
The post-closure cost estimate must be based on the costs to the owner or
operator of hiring a third party to conduct post-closure care activities. A
third party is a party who is neither a parent nor a subsidiary of the owner or
operator. On a case-by-case basis, the department may determine that a party
that shares common ownership, a common parent corporation, or other higher-tier
corporate ownership may not qualify as a third party. (See definition of parent
corporation in subsection (2)(d) of this section.) The post-closure cost
estimate is calculated by multiplying the annual post-closure cost estimate by
the number of years of post-closure care required by WAC
173-303-610.
(b) During the active life of the facility,
the owner or operator must revise the post-closure cost estimate within thirty
days after the department has approved the request to modify the post-closure
plan, if the change in the post-closure plan increases the cost of post-closure
care. The revised post-closure cost estimate must be adjusted for inflation as
specified in (c)(i) and (ii) of this subsection.
(c) During the active life of the facility,
the owner or operator must adjust the post-closure cost estimate for inflation
within sixty days prior to the anniversary date of the establishment of the
financial instrument(s) used to comply with subsection (6) of this section. For
owners or operators using the financial test or corporate guarantee, the
post-closure cost estimate must be updated for inflation within thirty days
after the close of the firm's fiscal year and before the submission of updated
information to the department as specified in subsection (6) of this section.
The adjustment may be made by recalculating the post-closure cost estimate in
current dollars or by using an inflation factor derived from the most recent
Implicit Price Deflator for Gross National Product or
Gross Domestic Product as published by the United States
Department of Commerce in its Survey of Current Business. The inflation factor
is the result of dividing the latest published annual deflator by the deflator
for the previous year.
(i) The first
adjustment is made by multiplying the post-closure cost estimate by the
inflation factor. The result is the adjusted post-closure cost
estimate.
(ii) Subsequent
adjustments are made by multiplying the latest adjusted post-closure cost
estimate by the latest inflation factor.
(d) During the operating life of the
facility, the owner or operator must keep at the facility the latest
post-closure cost estimate prepared in accordance with (a) and (b) of this
subsection, and, when this estimate has been adjusted in accordance with (c) of
this subsection, the latest adjusted post-closure cost estimate.
(6) Financial assurance for
post-closure monitoring and maintenance.
(a)
An owner or operator of a facility subject to post-closure monitoring or
maintenance requirements must establish financial assurance for post-closure
care in accordance with the approved post-closure care plan. The owner or
operator must choose from the following options or combination of options:
(i) Post-closure trust fund, except that the
use of partially funded trust funds, as provided in
40 C.F.R.
264.145(a), will not be
allowed by the department;
(ii)
Surety bond guaranteeing payment into a post-closure trust fund;
(iii) Surety bond guaranteeing performance of
post-closure care;
(iv)
Post-closure letter of credit;
(v)
Post-closure insurance; however, financial or insurance institutions providing
such insurance must have a current rating of financial strength of:
(A) AAA, AA+, AA, AA-, A+, A as rated by
Standard and Poor's;
(B) Aaa, Aa1,
Aa2, Aa3, A1, A2 as rated by Moody's; or
(C) A++, A+, A, A-, B++, B+ as rated by A.M.
Best; or
(vi) Financial
test and/or corporate guarantee for post-closure care, except that the
criterion for minimum tangible net worth in
40 C.F.R.
264.145(f) must be in an
amount of at least twenty-five million dollars;
(vii) Facility owners/operators and corporate
guarantors requesting the use of the financial test or corporate guarantee are
not required to submit a "negative assurance" report, such as the one detailed
in
40 C.F.R.
264.145(f)(3)(iii). A
financial test or corporate guarantee submission must instead include a CPA
report based on an "Agreed Upon Procedures" engagement that complies with the
American Institute of Certified Public Accountants' "Statement on Auditing
Standards No. 75, Engagements to apply Agreed-Upon Procedures to Specific
Elements, Accounts or Items of a Financial Statement" or any subsequent
equivalent document from AICPA. This report must describe the procedures
performed and related findings, including whether or not there were
discrepancies found in the comparison.
(b) In satisfying the requirements of
financial assurance for facility post-closure care in this subsection, the
owner or operator must meet all the requirements set forth in
40 C.F.R.
264.145 which are incorporated by reference.
If the facilities covered by the mechanism are in more than one state,
identical evidence of financial assurance must be submitted to and maintained
with the state agency regulating hazardous waste or with the appropriate
regional administrator if the facility is located in an unauthorized
state.
(c) The amount of financial
assurance for post-closure must not be less than the facility's current
post-closure cost estimate. Financial assurance amounts, regardless of
mechanism, may not be reduced for "net present value," "present discounted
value," or other adjustments.
(7) Use of a mechanism for financial
assurance of both closure and post-closure care. An owner or operator may
satisfy the requirements for financial assurance for both closure and
post-closure care for one or more facilities by using a trust fund, surety
bond, letter of credit, insurance, financial test, or corporate guarantee that
meets the specifications for the mechanism in both
40 C.F.R.
264.143 and
264.145
which are incorporated by reference. The amount of funds available through the
mechanism must be no less than the sum of funds that would be available if a
separate mechanism had been established and maintained for financial assurance
of closure and of post-closure care.
(8) Liability requirements.
(a) An owner or operator of a TSD facility,
off-site recycling or used oil processing/rerefining facility, or a group of
such facilities must demonstrate financial responsibility for bodily injury and
property damages to third parties caused by sudden accidental occurrences
arising from operations of the facility or group of facilities. The owner or
operator must meet the requirements of
40 C.F.R.
264.147(a), which is
incorporated by reference, with the following additional requirements:
(i) The owner or operator must have and
maintain liability coverage for sudden accidental occurrences in the amount of
at least two million dollars per occurrence with an annual aggregate of at
least four million dollars, exclusive of legal defense costs. For facilities
that meet the criteria listed in
40 C.F.R.
264.147(b), the owner or
operator must have and maintain liability coverage for nonsudden accidental
occurrences in the amount of five million dollars per occurrence with an annual
aggregate of ten million dollars, exclusive of legal defense costs.
(ii) Insurance companies providing liability
coverage must have a current rating of financial strength of:
(A) AAA, AA+, AA, AA-, A+, A as rated by
Standard and Poor's;
(B) Aaa, Aa1,
Aa2, Aa3, A1, A2 as rated by Moody's; or
(C) A++, A+, A, A-, B++, B+ as rated by A.M.
Best; (iii) The department may file claims against liability insurance when
contamination occurs as a result of releases or discharges of dangerous wastes
or used oil from recycling units subject to regulation under this section to
waters of the state as defined under chapter 90.48 RCW;
(iv) Facility owners/operators and corporate
guarantors requesting the use of the financial test and corporate guarantee
must meet a minimum tangible net worth criterion of twenty-five million
dollars.
(b) An owner or
operator of a facility with a regulated unit or units (as defined in WAC
173-303-040 ) or a
disposal miscellaneous unit or units used to manage dangerous waste or a group
of such facilities must demonstrate financial responsibility for bodily injury
and property damage to third parties caused by nonsudden accidental occurrences
arising from operations of the facility or group of facilities. The owner or
operator must meet the requirements of
40 C.F.R.
264.147(b),
264.147(f), (g), (h), (i),
and (j) which are incorporated by
reference.
(c) Request for
variance. If an owner or operator can demonstrate to the satisfaction of the
department that the levels of financial responsibility required by (a) or (b)
of this subsection are not consistent with the degree and duration of risk
associated with treatment, storage, or disposal at the facility or group of
facilities, the owner or operator may obtain a variance from the department.
The request for a variance must be submitted to the department as part of the
application under WAC
173-303-806(4)
for a facility that does not have a permit, or pursuant to the procedures for
permit modification under WAC
173-303-830 for a
facility that has a permit. If granted, the variance will take the form of an
adjusted level of required liability coverage, such level to be based on the
department's assessment of the degree and duration of risk associated with the
ownership or operation of the facility or group of facilities. The department
may require an owner or operator who requests a variance to provide such
technical and engineering information as is deemed necessary by the department
to determine a level of financial responsibility other than that required by
(a) or (b) of this subsection. Any request for a variance for a permitted
facility will be treated as a request for a permit modification under WAC
173-303-830.
(d) Adjustments by the department. If the
department determines that the levels of financial responsibility required by
(a) or (b) of this subsection are not consistent with the degree and duration
of risk associated with treatment, storage, or disposal at the facility or
group of facilities, the department may adjust the level of financial
responsibility required under (a) or (b) of this subsection as may be necessary
to protect human health and the environment. This adjusted level will be based
on the department's assessment of the degree and duration of risk associated
with the ownership or operation of the facility or group of facilities. In
addition, if the department determines that there is a significant risk to
human health and the environment from nonsudden accidental occurrences
resulting from the operations of a facility that has no regulated units (as
defined in WAC
173-303-040 ), it may
require that the owner or operator of the facility comply with (b) of this
subsection. An owner or operator must furnish to the department within a
reasonable time, any information which the department requests to determine
whether cause exists for such adjustments of level or type of coverage. Any
adjustments of level or type of coverage for a facility that has a permit will
be treated as a permit modification under WAC
173-303-830.
(e) Period of coverage. An owner or operator
must continuously provide liability coverage for a facility as required by this
subsection until certifications of closure of the facility, as specified in WAC
173-303-610(6),
are received by the department.
(f)
The following subsections are incorporated by reference:
40 C.F.R. section
264.147(f), Financial test
for liability coverage, (g) Guarantee for liability coverage, (h) Letter of
credit for liability coverage, (i) Surety bond for liability coverage, and (j)
Trust fund for liability coverage.
(9) Incapacity of owners or operators,
guarantor or financial institutions.
(a) An
owner or operator must notify the department by certified mail of the
commencement of a voluntary or involuntary proceeding under Title 11
(Bankruptcy), United States Code, naming the owner or operator as debtor,
within ten days after commencement of the proceeding. A guarantor of a
corporate guarantee as specified in
40 C.F.R.
264.143(f) and
264.145(f)
must make such a notification if the guarantor is named as debtor, as required
under the terms of the corporate guarantee (
40 C.F.R.
264.151(h) ).
(b) An owner or operator who fulfills the
requirements of
40 C.F.R.
264.143,
264.145,
or
264.147(a) or
(b) by obtaining a trust fund, surety bond,
letter of credit, or insurance policy will be deemed to be without the required
financial assurance or liability coverage in the event of bankruptcy of the
trustee or issuing institution, or a suspension or revocation of the authority
of the trustee institution to act as trustee or of the institution issuing the
surety bond, letter of credit, or insurance policy to issue such instruments.
The owner or operator must establish other financial assurance or liability
coverage within sixty days after such an event.
(10) Wording of the instruments. The
financial instruments required by this section must contain the wording
specified by
40 C.F.R.
264.151 which is incorporated by reference,
except that:
(a) The words "regional
administrator" and "environmental protection agency" must be replaced with the
words Washington state department of ecology;
(b) The words "hazardous waste" must be
replaced with the words "dangerous waste";
(c) Any other words specified by the
department must be changed as necessary to assure financial responsibility of
the facility in accordance with the requirements of this section; and
(d) Whenever
40 C.F.R.
264.151 requires that owners and operators
notify several regional administrators of their financial obligations, the
owner or operator must notify both the department and all regional
administrators of regions that are affected by the owner or operator's
financial assurance mechanisms.
Copies of the financial instruments with the appropriate word
changes will be available from the department by June 30, 1984.
(11) Financial assurance
requirements for corrective action sites are detailed in WAC
173-303-64620(5).
Statutory Authority:
Chapters
70.105 and
70.105D RCW. 09-14-105 (Order
07-12), § 173-303-620, filed 6/30/09, effective 7/31/09. Statutory
Authority:
Chapters
70.105,
70.105D, and
15.54 RCW and
RCW
70.105.007. 04-24-065 (Order 03-10), §
173-303-620, filed 11/30/04, effective 1/1/05. Statutory Authority:
Chapters
70.105 and
70.105D RCW. 03-07-049 (Order
02-03), § 173-303-620, filed 3/13/03, effective 4/13/03. Statutory
Authority:
Chapters
70.105,
70.105D,
15.54 RCW and
RCW
70.105.007. 00-11-040 (Order 99-01), §
173-303-620, filed 5/10/00, effective 6/10/00. Statutory Authority:
Chapters
70.105 and
70.105D RCW. 98-03-018 (Order
97-03), § 173-303-620, filed 1/12/98, effective 2/12/98; 95-22-008 (Order
94-30), § 173-303-620, filed 10/19/95, effective 11/19/95. 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), §
173-303-620, filed 3/7/91, effective 4/7/91. Statutory Authority:
Chapter
70.105 RCW. 89-02-059
(Order 88-24), § 173-303-620, filed 1/4/89; 87-14-029 (Order DE-87-4),
§ 173-303-620, filed 6/26/87; 84-09-088 (Order DE 83-36), §
173-303-620, filed 4/18/84. Statutory Authority:
RCW
70.95.260 and
chapter
70.105 RCW. 82-05-023
(Order DE 81-33), § 173-303-620, filed 2/10/82. Formerly WAC
173-302-340.