WAC 173-204-580   Cleanup action decision.  (1) Each person performing a cleanup action to meet the intent of this chapter shall comply with the standards of WAC 173-204-560(7), Cleanup study report. Except for cleanups conducted under chapter 70.105D RCW, the department shall review each cleanup study report and issue a written approval of one or more of the cleanup action alternatives described in the cleanup study report, or issue a written disapproval of all alternatives described in the cleanup study report. The department's approval of one or more cleanup study report cleanup action alternatives shall constitute the cleanup decision and shall be referenced in one or more permit or administrative authorities established under chapter 90.48 or 70.105D RCW, Section 401 of the federal Clean Water Act, chapter 173-225 WAC, establishment of implementation procedures of application for certification, or other administrative authorities available to the department. The department may approve the cleanup alternative recommended in the cleanup study report, may approve a different alternative discussed in the report, or may approve an alternative(s) with appropriate conditions. The department's disapproval of all cleanup study report cleanup action alternatives shall be issued by certified mail, return receipt requested, to the cleanup action proponent(s). The procedures for department review of the cleanup study report and selection of a cleanup action under chapter 70.105D RCW shall be in accordance with the procedures of chapter 173-340 WAC.

     (2) All cleanup actions conducted under this chapter shall meet the following requirements:

     (a) Receive department review and written approval of the preferred and/or alternate cleanup actions and necessary sediment recovery zones proposed in the cleanup study report prior to implementing a cleanup action(s);

     (b) Achieve a degree of cleanup that is protective of human health and the environment;

     (c) Achieve compliance with applicable state, federal, and local laws;

     (d) Achieve compliance with site cleanup standards;

     (e) Achieve compliance with sediment source control requirements pursuant to WAC 173-204-400 through 173-204-420, if necessary;

     (f) Provide for landowner review of the cleanup study plan and report, and consider public concerns raised during review of the draft cleanup report; and

     (g) Provide adequate monitoring to ensure the effectiveness of the cleanup action.

     (3) Cleanup time frame.

     (a) The cleanup action selected shall provide for a reasonable time frame for completion of the cleanup action, based on consideration of the following factors:

     (i) Potential risks posed by the site to biological resources and human health;

     (ii) Practicability of achieving the site cleanup standards in less than a ten-year period;

     (iii) Current use of the site, surrounding areas, and associated resources that are, or may be, affected by the site contamination;

     (iv) Potential future use of the site, surrounding areas, and associated resources that are, or may be, affected by the site contamination;

     (v) Likely effectiveness and reliability of institutional controls;

     (vi) Degree of, and ability to control and monitor, migration of contamination from the site; and

     (vii) Natural recovery processes which are expected to occur at the site that will reduce concentrations of contaminants.

     (b) The department may authorize cleanup time frames that exceed the ten-year period used in deriving the site cleanup standards of WAC 173-204-570(4) where cleanup actions are not practicable to accomplish within a ten-year period.

     (4) In evaluating cleanup action alternatives, the department shall consider:

     (a) The net environmental effects of the alternatives, including consideration of residual effects, recovery rates, and any adverse effects of cleanup construction or disposal activities;

     (b) The relative cost-effectiveness of the alternatives in achieving the approved site cleanup standards; and

     (c) The technical effectiveness and reliability of the alternatives.

     (5) Public participation. The department shall provide opportunity for public review and comment on all cleanup action study plans, reports, and decisions reviewed and approved by the department, for cleanup actions conducted under this chapter.

     (6) Land access. In cases where the person(s) responsible for cleanup is not able to secure access to lands subject to a cleanup action decision made pursuant to this section, the department may facilitate negotiations or other proceedings to secure access to the lands. Requests for department facilitation of land access shall be submitted to the department in writing by the person(s) named in the cleanup action approval.



[Statutory Authority: Chapters 43.21C, 70.105D, 90.48, 90.52, 90.54 and 90.70 RCW. 91-08-019 (Order 90-41), § 173-204-580, filed 3/27/91, effective 4/27/91.]