(1) A person conducting a remedial action at a
facility under a consent decree, order, or agreed order, and the
department when it conducts a remedial action, are exempt from
the procedural requirements of chapters 70.94, 70.95, 70.105, 77.55, 90.48, and 90.58 RCW, and the procedural requirements of
any laws requiring or authorizing local government permits or
approvals for the remedial action. The department shall ensure
compliance with the substantive provisions of chapters 70.94, 70.95, 70.105, 77.55, 90.48, and 90.58 RCW, and the substantive
provisions of any laws requiring or authorizing local government
permits of approvals. The department shall establish procedures
for ensuring that such remedial actions comply with the
substantive requirements adopted pursuant to such laws, and shall
consult with the state agencies and local governments charged
with implementing these laws. The procedures shall provide an
opportunity for comment by the public and by the state agencies
and local governments that would otherwise implement the laws
referenced in this section. Nothing in this section is intended
to prohibit implementing agencies from charging a fee to the
person conducting the remedial action to defray the costs of
services rendered relating to the substantive requirements for
the remedial action.
(2) An exemption in this section or in RCW 70.94.335,
70.95.270, 70.105.116, *77.55.030, 90.48.039, and 90.58.355
shall not apply if the department determines that the exemption
would result in loss of approval from a federal agency necessary
for the state to administer any federal law, including the
federal resource conservation and recovery act, the federal clean
water act, the federal clean air act, and the federal coastal
zone management act. Such a determination by the department
shall not affect the applicability of the exemptions to other
statutes specified in this section.
[2003 c 39 § 30; 1994 c 257 § 14.]
NOTES:
*Reviser's note: RCW 77.55.030 was recodified as RCW 77.55.061 pursuant to 2005 c 146 § 1001.
Severability -- 1994 c 257: See note following RCW 36.70A.270.