WAC 173-204-550   Types of cleanup and authority.  (1) Purpose. The department acknowledges that cleanups of contaminated sediment sites can occur under the authority of chapter 90.48 or 70.105D RCW. Sediment cleanups may also be initiated by the federal government pursuant to the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). This section describes the department's role in department initiated and other cleanup actions.

     (2) The department shall use best professional judgment and other information as necessary on a case-by-case basis to determine the appropriate administrative authority for conducting, or requiring contaminated sediment cleanup actions based on, but not limited to, the following considerations:

     (a) Source of contaminants requiring cleanup including spills, dredging actions, and wastewater and/or storm water discharges;

     (b) Significance of contamination threat to human health and the environment including the degree of contamination and types and number of contaminants;

     (c) Public perception concerning the contaminant threat to human health and the environment;

     (d) Personal or corporate financial status of the landowner(s) and/or discharger(s);

     (e) Enforcement compliance history of the landowner(s) and/or discharger(s);

     (f) Status of existing or pending federal, state, or local legal orders or administrative actions; and

     (g) Size of cleanup action proposed or determined necessary.

     (3) The types of cleanup actions below establish scenarios recognized by the department which may occur to effect cleanup of contaminated sediment sites. All of these types of cleanup actions shall be subject to administrative review and approval of the department under chapters 90.48 and/or 70.105D RCW.

     (a) Department initiated cleanup. Department initiated cleanup actions occur when the department uses its authority under chapter 90.48 and/or 70.105D RCW to conduct or require and/or otherwise effect cleanup to meet the intent of this chapter.

     (b) Voluntary cleanup. Voluntary cleanup actions are initiated by parties other than the department. The department shall encourage voluntary cleanup actions whenever possible, and as early as possible, to meet the intent of this chapter.

     (c) Incidental cleanup. Incidental cleanup actions are conducted when other state or federally permitted activities are ongoing in and/or around the contaminated sediment site. Early coordination of incidental cleanup actions with the department is encouraged to meet the intent of this chapter, chapter 70.105D RCW, and chapter 90.48 RCW, as appropriate.

     (d) Partial cleanup. Partial cleanup actions may be conducted when completion of cleanup study requirements under WAC 173-204-560 has identified and proposed discrete site units and cleanup standards, the department has approved the selection of the partial cleanup alternative per the standards of WAC 173-204-580, and the department has determined that awaiting action or decision on conducting a complete site cleanup would have a net detrimental effect on the environment or human health.

     (e) CERCLA cleanup. Pursuant to the federal Comprehensive Environmental Response, Compensation and Liability Act, the department may identify chapter 173-204 WAC as an applicable state requirement for cleanup actions conducted by the federal government.



[Statutory Authority: Chapters 43.21C, 70.105D, 90.48, 90.52, 90.54 and 90.70 RCW. 91-08-019 (Order 90-41), § 173-204-550, filed 3/27/91, effective 4/27/91.]