WAC 173-204-540   Ranking and list of sites.  (1) Purpose. The department shall prepare and maintain a list of contaminated sediment sites in the order of their relative hazard ranking. From this list, the department shall select sites where action shall be taken.

     (2) Site ranking. The department shall evaluate each cleanup site identified by the procedures in WAC 173-204-530 on a consistent basis using the procedure described in Sediment Ranking System ("SEDRANK"), January 1990, and all additions and revisions thereto or other procedures approved by the department. The purpose of ranking is to estimate, based on technical information compiled during the hazard assessment procedures in WAC 173-204-530, the relative potential risk posed by the site to human health and the environment. Information obtained during hazard assessment, plus any additional data specified in "SEDRANK," shall be included in the site hazard ranking evaluation.

     (3) Considerations in ranking. In conducting sediment site ranking, the department shall assess both human health hazard and ecological hazard, and consider chemical toxicity, affected resources, and site characteristics for both types of hazards. The department shall also use best professional judgment and other information as necessary on a case-by-case basis to conduct site ranking.

     (4) Site reranking. The department may, at its discretion, rerank a site. To rerank a site, the department shall use any additional information within the scope of the hazard ranking evaluation criteria and best professional judgment to establish that a significant change in rank should result.

     (5) List of ranked sites.

     (a) Contaminated sediment sites that are ranked via "SEDRANK" shall be placed on a list in the order of their relative hazard ranking. The list shall describe the current status of cleanup action at each site and be updated on an annual basis. The department may change a site's status to reflect current conditions on a more frequent basis. The status for each site shall be identified as one or more of the following:

     (i) Sites awaiting cleanup action;

     (ii) Sites where voluntary, incidental, partial or department initiated cleanup actions, as defined in WAC 173-204-550, are in progress;

     (iii) Sites where a cleanup action has been completed and confirmational monitoring is underway;

     (iv) Sites with sediment recovery zones authorized under WAC 173-204-590; and/or

     (v) Other categories established by the department.

     (b) The department shall routinely publish and make the list available to be used in conjunction with a review of ongoing and proposed regulatory actions to determine where and when a cleanup action should be taken. The department shall also make the list available to landowners and dischargers at or near listed sites, and to the public.

     (6) Site delisting.

     (a) The department may remove a site from the list only after it has determined that:

     (i) All cleanup actions except confirmational monitoring have been completed and compliance with the site cleanup study and report and cleanup standard(s) has been achieved; or

     (ii) The listing of the site was erroneous.

     (b) A site owner or operator may request that a site be removed from the list by submitting a petition to the department. The petition shall state the reason for the site delisting request, and as determined appropriate by the department, shall include thorough documentation of all investigations performed, all cleanup actions taken, and all compliance monitoring data and results to demonstrate to the department's satisfaction that the site cleanup standards have been achieved. The department may require payment of costs incurred, including an advance deposit, for review and verification of the work performed. The department shall review such petitions, however the timing of the review shall be at its discretion and as resources may allow.

     (c) The department shall maintain a record of sites that have been removed from the list under (a) of this subsection. This record shall be made available to the public on request.

     (7) Relisting of sites. The department may relist a site which has previously been removed if it determines that the site requires further cleanup action.

     (8) Delisting notice. The department shall provide public notice and an opportunity to comment when the department proposes to remove a site from the list.

     (9) Relationship to hazardous sites list. The department may additionally evaluate cleanup sites on the site list developed under subsection (5) of this section for possible inclusion on the hazardous sites list published under WAC 173-340-330.



[Statutory Authority: Chapters 43.21C, 70.105D, 90.48, 90.52, 90.54 and 90.70 RCW. 91-08-019 (Order 90-41), § 173-204-540, filed 3/27/91, effective 4/27/91.]