Pollution Disclosure Act of 1971 (Revised Code of Washington (RCW): Title 90 Water Rights—Environment; Chapter 90.52)

Chapter Chapter 90.5290.52 RCW RCW Chapter ListingChapter Listing POLLUTION DISCLOSURE ACT OF 1971POLLUTION DISCLOSURE ACT OF 1971 SectionsSections 90.52.00590.52.005 Environmental excellence program agreementsEnvironmental excellence program agreements——Effect on chapter.Effect on chapter. 90.52.01090.52.010 Annual reports requiredAnnual reports required——ContentsContents——Critical materials designated.Critical materials designated. 90.52.02090.52.020 Confidentiality as to manufacturing processes.Confidentiality as to manufacturing processes. 90.52.03090.52.030 Operation subject to injunction, whenOperation subject to injunction, when——Civil penalties.Civil penalties. 90.52.04090.52.040 Wastes to be provided with available methods of treatment prior to discharge intoWastes to be provided with available methods of treatment prior to discharge into waters of the state.waters of the state. 90.52.90090.52.900 Short title.Short title. 90.52.00590.52.005 Environmental excellence program agreements—Effect on chapter.Environmental excellence program agreements—Effect on chapter. Notwithstanding any other provision of law, any legal requirement under this chapter, includingNotwithstanding any other provision of law, any legal requirement under this chapter, including any standard, limitation, rule, or order is superseded and replaced in accordance with the terms andany standard, limitation, rule, or order is superseded and replaced in accordance with the terms and provisions of an environmental excellence program agreement, entered into under chapter provisions of an environmental excellence program agreement, entered into under chapter 43.21K43.21K RCW. RCW. [ [ 1997 c 381 § 27.1997 c 381 § 27.]] NOTES:NOTES: PurposePurpose——1997 c 381:1997 c 381: See RCW See RCW 43.21K.00543.21K.005.. 90.52.01090.52.010 Annual reports required—Contents—Critical materials designated.Annual reports required—Contents—Critical materials designated. Every person conducting a commercial or industrial operation within this state who dischargesEvery person conducting a commercial or industrial operation within this state who discharges wastes, other than sanitary sewage, into waters of the state or into any sewer system which dischargeswastes, other than sanitary sewage, into waters of the state or into any sewer system which discharges into waters of the state, and every person conducting a commercial or industrial operation within theinto waters of the state, and every person conducting a commercial or industrial operation within the state who discharges wastes into the air of the state, shall file, annually, during the month of January,state who discharges wastes into the air of the state, shall file, annually, during the month of January, reports, on forms provided by the department of ecology, setting forth:reports, on forms provided by the department of ecology, setting forth: (1) The nature of the enterprise;(1) The nature of the enterprise; (2) A list of materials used in, and incidental to, its manufacturing processes, including by­(2) A list of materials used in, and incidental to, its manufacturing processes, including by­ products and waste products;products and waste products; (3) The estimated annual total gallons or pounds (or other appropriate measurement) of wastes,(3) The estimated annual total gallons or pounds (or other appropriate measurement) of wastes, including, but not limited to, process and cooling water to be discharged into the water or air, or into anyincluding, but not limited to, process and cooling water to be discharged into the water or air, or into any sewer system.sewer system. The list of materials provided for in subsection (2) hereof shall relate to all materials designatedThe list of materials provided for in subsection (2) hereof shall relate to all materials designated by the director of the department of ecology, after consultation with a committee on [of] environmentalby the director of the department of ecology, after consultation with a committee on [of] environmental specialists of not less than five appointed by the director, as critical materials which have substantialspecialists of not less than five appointed by the director, as critical materials which have substantial http://app.leg.wa.gov/RCW/default.aspx?cite=90.52 https://app.leg.wa.gov/RCW/default.aspx?cite=90.52 http://app.leg.wa.gov/RCW/default.aspx?cite=43.21K http://lawfilesext.leg.wa.gov/biennium/1997-98/Pdf/Bills/Session%20Laws/House/1866-S2.SL.pdf?cite=1997%20c%20381%20%C2%A7%2027. http://app.leg.wa.gov/RCW/default.aspx?cite=43.21K.005 potential to adversely affect the quality of waters or environment of the state, or the uses made thereof, ifpotential to adversely affect the quality of waters or environment of the state, or the uses made thereof, if allowed to enter the same. Formal designation shall be adopted by the director as a rule and filed in aallowed to enter the same. Formal designation shall be adopted by the director as a rule and filed in a "critical materials" registry of the department of ecology. "Person" as used herein means an individual"critical materials" registry of the department of ecology. "Person" as used herein means an individual partnership, firm, corporation, association or other entity.partnership, firm, corporation, association or other entity. [ [ 1971 ex.s. c 160 § 1.1971 ex.s. c 160 § 1.]] 90.52.02090.52.020 Confidentiality as to manufacturing processes.Confidentiality as to manufacturing processes. The department of ecology shall provide proper and adequate procedures to safeguard theThe department of ecology shall provide proper and adequate procedures to safeguard the confidentiality of manufacturing processes: PROVIDED, That the confidentiality shall not extend to wasteconfidentiality of manufacturing processes: PROVIDED, That the confidentiality shall not extend to waste products discharged into the waters or air of the state.products discharged into the waters or air of the state. [ [ 1971 ex.s. c 160 § 2.1971 ex.s. c 160 § 2.]] 90.52.03090.52.030 Operation subject to injunction, when—Civil penalties.Operation subject to injunction, when—Civil penalties. Operation of an industrial or commercial operation in violation of RCW Operation of an industrial or commercial operation in violation of RCW 90.52.01090.52.010 may be may be enjoined on petition of the attorney general to the superior court of Thurston county or of the county inenjoined on petition of the attorney general to the superior court of Thurston county or of the county in which the operation is located.which the operation is located. Operation of an industrial or commercial operation in violation of this chapter shall provide theOperation of an industrial or commercial operation in violation of this chapter shall provide the basis of a civil penalty under RCW basis of a civil penalty under RCW 90.48.14490.48.144 or or 70.94.43170.94.431 as now or are hereafter amended. No person as now or are hereafter amended. No person may discharge wastes into the waters or air of the state who fails to satisfy the requirements of RCWmay discharge wastes into the waters or air of the state who fails to satisfy the requirements of RCW 90.52.01090.52.010 and and 90.52.04090.52.040.. [ [ 1971 ex.s. c 160 § 3.1971 ex.s. c 160 § 3.]] 90.52.04090.52.040 Wastes to be provided with available methods of treatment prior to discharge intoWastes to be provided with available methods of treatment prior to discharge into waters of the state.waters of the state. Except as provided in RCW Except as provided in RCW 90.54.02090.54.020(3)(b), in the administration of the provisions of chapter(3)(b), in the administration of the provisions of chapter 90.4890.48 RCW, the director of the department of ecology shall, regardless of the quality of the water of the RCW, the director of the department of ecology shall, regardless of the quality of the water of the state to which wastes are discharged or proposed for discharge, and regardless of the minimum waterstate to which wastes are discharged or proposed for discharge, and regardless of the minimum water quality standards established by the director for said waters, require wastes to be provided with allquality standards established by the director for said waters, require wastes to be provided with all known, available, and reasonable methods of treatment prior to their discharge or entry into waters of theknown, available, and reasonable methods of treatment prior to their discharge or entry into waters of the state.state. [ [ 1987 c 399 § 1;1987 c 399 § 1; 1971 ex.s. c 160 § 4.1971 ex.s. c 160 § 4.]] http://leg.wa.gov/CodeReviser/documents/sessionlaw/1971ex1c160.pdf?cite=1971%20ex.s.%20c%20160%20%C2%A7%201. http://leg.wa.gov/CodeReviser/documents/sessionlaw/1971ex1c160.pdf?cite=1971%20ex.s.%20c%20160%20%C2%A7%202. http://app.leg.wa.gov/RCW/default.aspx?cite=90.48.144 http://app.leg.wa.gov/RCW/default.aspx?cite=70.94.431 http://leg.wa.gov/CodeReviser/documents/sessionlaw/1971ex1c160.pdf?cite=1971%20ex.s.%20c%20160%20%C2%A7%203. http://app.leg.wa.gov/RCW/default.aspx?cite=90.54.020 http://app.leg.wa.gov/RCW/default.aspx?cite=90.48 http://leg.wa.gov/CodeReviser/documents/sessionlaw/1987c399.pdf?cite=1987%20c%20399%20%C2%A7%201; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1971ex1c160.pdf?cite=1971%20ex.s.%20c%20160%20%C2%A7%204. 90.52.90090.52.900 Short title.Short title. This act shall be known and may be cited as the Pollution Disclosure Act of 1971.This act shall be known and may be cited as the Pollution Disclosure Act of 1971. [ [ 1971 ex.s. c 160 § 5.1971 ex.s. c 160 § 5.]] http://leg.wa.gov/CodeReviser/documents/sessionlaw/1971ex1c160.pdf?cite=1971%20ex.s.%20c%20160%20%C2%A7%205.