WAC 173-303-145   Spills and discharges into the environment.  (1) Purpose and applicability. This section sets forth the requirements for any person responsible for a spill or discharge of a dangerous waste or hazardous substance into the environment, except when such release is otherwise permitted under state or federal law. For the purposes of complying with this section, a transporter who spills or discharges dangerous waste or hazardous substances during transportation will be considered the responsible person. This section applies when any dangerous waste or hazardous substance is intentionally or accidentally spilled or discharged into the environment (unless otherwise permitted) such that human health or the environment is threatened, regardless of the quantity of dangerous waste or hazardous substance.

     (2) Notification. Any person who is responsible for a spill or nonpermitted discharge must immediately notify the individuals and authorities described for the following situations:

     (a) For spills or discharges onto the ground or into ground water or surface water, notify all local authorities in accordance with the local emergency plan. If necessary, check with the local emergency service coordinator and the fire department to determine all notification responsibilities under the local emergency plan. Also, notify the appropriate regional office of the department of ecology;

     (b) For spills or discharges which result in emissions to the air, notify all local authorities in accordance with the local emergency plan. If necessary, check with the local emergency service coordinator and the fire department to determine all notification responsibilities under the local emergency plan. Also, in western Washington notify the local air pollution control authority, or in eastern Washington notify the appropriate regional office of the department of ecology.

     (3) Mitigation and control. The person responsible for a spill or nonpermitted discharge must take appropriate immediate action to protect human health and the environment (e.g., diking to prevent contamination of state waters, shutting of open valves).

     (a) In addition, the person responsible for a spill or discharge must:

     (i) Clean up all released dangerous wastes or hazardous substances, or take such actions as may be required or approved by federal, state, or local officials acting within the scope of their official responsibilities. This may include complete or partial removal of released dangerous wastes or hazardous substances as may be justified by the nature of the released dangerous wastes or hazardous substances, the human and environmental circumstances of the incident, and protection required by the Water Pollution Control Act, chapter 90.48 RCW;

     (ii) Designate and treat, store or dispose of all soils, waters, or other materials contaminated by the spill or discharge in accordance with this chapter 173-303 WAC. The department may require testing in order to determine the amount or extent of contaminated materials, and the appropriate designation, treatment, storage, or disposal for any materials resulting from cleanup; and

     (iii) If the property on which the spill or discharge occurred is not owned or controlled by the person responsible for the incident, restore the area impacted by the spill or discharge, and replenish resources (e.g., fish, plants) in a manner acceptable to the department.

     (b)(i) Where immediate removal, temporary storage, or treatment of spilled or discharged dangerous wastes or hazardous substances is necessary to protect human health or the environment, the department may direct persons to:

     (A) Remove it without a manifest, by transporters who do not have EPA/state identification numbers;

     (B) Temporarily store it at sites that are protective of human health and the environment and are secure from access by the public; and/or

     (C) Treat it to reduce or control the hazards, under WAC 173-303-170.

     (ii) When the department seeks to direct persons who are not responsible for a spill or discharge to carry out actions pursuant to this section, it will obtain their concurrence. It is the intent of the department that persons who provide these services may be deemed "good samaritans" under the provisions of chapter 70.136 RCW.

     (4) Nothing in WAC 173-303-145 eliminates any obligations to comply with reporting requirements which may exist in a permit or under other state or federal regulations.



[Statutory Authority: Chapters 70.105 and 70.105D RCW. 98-03-018 (Order 97-03), § 173-303-145, filed 1/12/98, effective 2/12/98; 95-22-008 (Order 94-30), § 173-303-145, filed 10/19/95, effective 11/19/95; 92-15-036 (Order 91-44), § 173-303-145, filed 7/8/92, effective 8/8/92. Statutory Authority: Chapters 70.105 and 70.105D RCW, 40 CFR Part 271.3 and RCRA § 3006 (42 U.S.C. 3251). 91-07-005 (Order 90-42), § 173-303-145, filed 3/7/91, effective 4/7/91. Statutory Authority: Chapter 70.105 RCW. 84-09-088 (Order DE 83-36), § 173-303-145, filed 4/18/84. Statutory Authority: Chapter 70.105 RCW and RCW 70.95.260. 82-05-023 (Order DE 81-33), § 173-303-145, filed 2/10/82.]