WAC 173-321-020
Definitions. As used in this chapter:
(1) "Department" means the department of ecology.
(2) "Director" means the director of the department of
ecology or such person authorized to act for the director.
(3) "Emergency" means an occurrence warranting public
participation which occurs after the deadline for grant
applications and before the opening of a new grant application
period, such as:
(a) An unforeseen release of a hazardous substance at an
existing site or a newly discovered site;
(b) An unanticipated decision by the department concerning
remedial action at a site or publication of a remedial
investigation, feasibility study or risk assessment; or
(c) Discovery of a technical assistance need which could not
have been foreseen before the grant application deadline.
(4) "Emergency grant" means a public participation grant in
the hazardous substance release category for an emergency as
defined in this section.
(5) "Expendable personal property" means all tangible
personal property other than nonexpendable personal property.
(6) "Facility" means:
(a) Any building, structure, installation, equipment, pipe
or pipeline (including any pipe into a sewer or publicly owned
treatment works), well, pit, waste pile, pond, lagoon,
impoundment, ditch, landfill, tank, storage container, motor
vehicle, rolling stock, vessel, or aircraft; or
(b) Any site or area where a hazardous substance, other than
a consumer product in consumer use, has been deposited, stored,
disposed of, or placed, or otherwise come to be located.
(7) "Grant applicant" means any person requesting a public
participation grant.
(8) "Hazardous substance" means:
(a) Any dangerous or extremely hazardous waste as defined in
RCW 70.105.010 (5) and (6) or any dangerous or extremely
hazardous waste designated by rule pursuant to chapter 70.105 RCW;
(b) Any hazardous substance as defined in RCW 70.105.010(14)
or any hazardous substance as defined by rule pursuant to chapter 70.105 RCW;
(c) Any substance that, on March 1, 1989, is a hazardous
substance under 101 (14) of the Federal Cleanup Law, 42 U.S.C.
Sec. 960(14);
(d) Petroleum or petroleum products; and
(e) Any substance or category of substances including solid
waste decomposition products, determined by the director by rule
to present a threat to human health or the environment if
released into the environment. Except that:
The term hazardous substance does not include any of the
following when contained in an underground storage tank from
which there is not a release: Crude oil or any fraction thereof
or petroleum, if the tank is in compliance with all applicable
federal, state, and local laws.
(9) "Hazardous waste management priorities" as defined in
RCW 70.105.150 are the priorities in the management of hazardous
waste which should be followed in descending order as applicable:
(a) Waste reduction;
(b) Waste recycling;
(c) Physical, chemical, and biological treatment;
(d) Incineration;
(e) Solidification/stabilization treatment;
(f) Landfill.
(10) "Nonexpendable personal property" means tangible
personal property having a useful life of more than one year and
an acquisition cost of three hundred dollars or more per unit.
(11) "Not-for-profit public interest organization" means any
corporation, trust, association, cooperative, or other
organization which:
(a) Is operated primarily for scientific, educational,
service, charitable, or similar purposes in the public interest;
(b) Is not organized primarily for profit; and
(c) Uses its net proceeds to maintain, improve, and/or
expand its operations.
(12) "Owner/operator" means any person defined as an owner
or operator under RCW 70.105D.020(12).
(13) "Person" means an individual, firm, corporation,
association, partnership, consortium, joint venture, commercial
entity, state government agency, unit of local government,
federal government agency, or Indian tribe.
(14) "Personal property" means property of any kind except
real property. It may be tangible (having physical existence) or
intangible (having no physical existence), such as patents,
inventions, and copyrights.
(15) "Potentially liable person" means any person whom the
department finds, based on credible evidence, to be liable under
RCW 70.105D.040. The department shall give notice to any such
person and allow an opportunity for comment before making the
finding, unless an emergency requires otherwise.
(16) "Real property" means land, land improvements,
structures, and appurtenances thereto, excluding moveable
machinery and equipment.
(17) "Release" means any intentional or unintentional entry
of any hazardous substance into the environment, including but
not limited to the abandonment or disposal of containers of
hazardous substances.
(18) "Remedy, remediation, or remedial action" means any
action or expenditure consistent with the purposes of this
chapter to identify, eliminate, or minimize any threat or
potential threat posed by hazardous substances to human health or
the environment including any investigative and monitoring
activities with respect to any release or threatened release of a
hazardous substance and any health assessments or health effects
studies conducted in order to determine the risk or potential
risk to human health.
(19) "Solid waste management priorities" as defined in
chapter 70.95 RCW are the priorities in the management of solid
waste which should be followed in order of descending priority as
applicable:
(a) Waste reduction;
(b) Recycling with source separation of recyclable materials
as the preferred method;
(c) Energy recovery, incineration, or landfill of separated
waste;
(d) Energy recovery, incineration, or landfill of mixed
waste.
[Statutory Authority: Chapter 70.105D RCW. 01-05-024 (Order
97-09A), § 173-321-020, filed 2/12/01, effective 3/15/01. Statutory Authority: 1989 c 2. 89-21-072 (Order 89-26), §
173-321-020, filed 10/17/89, effective 11/17/89.]