WAC 173-340-510
Administrative options for remedial
actions. (1) Policy. It is the responsibility of each and every
liable person to conduct remedial action so that sites are
cleaned up well and expeditiously where a release or threatened
release of a hazardous substance requires remedial action. Potentially liable persons are encouraged to initiate discussions
and negotiations with the department and the office of the
attorney general that may lead to an agreement on the remedial
action to be conducted with the state of Washington. The
department may provide informal advice and assistance on the
development of proposals for remedial action, as provided by WAC 173-340-515. Any approval by the department or the state of
remedial action shall occur by one of the means described in
subsections (2) and (3) of this section.
(2) Actions initiated by the potentially liable person. Potentially liable persons may initiate a remedial action, as
follows:
(a) A person may initiate negotiations for a consent decree
by submitting a letter under WAC 173-340-520(1).
(b) A person may request an agreed order by submitting a
letter under WAC 173-340-530.
(3) Action initiated by the department. The department may
initiate remedial action by:
(a) Issuing a letter inviting negotiations on a consent
decree under WAC 173-340-520(2); or
(b) Requesting an agreed order under WAC 173-340-530; or
(c) Issuing an enforcement order under WAC 173-340-540.
(4) Department remedial action. Nothing in this chapter
shall preclude the department from taking appropriate remedial
action on its own at any time. Except for emergency actions and
initial investigations, reasonable effort will be made to notify
potentially liable persons before the department takes remedial
actions for which the recovery of public funds can be sought
under RCW 70.105D.050(3).
[Statutory Authority: Chapter 70.105D RCW. 01-05-024 (Order
97-09A), § 173-340-510, filed 2/12/01, effective 8/15/01;
90-08-086, § 173-340-510, filed 4/3/90, effective 5/4/90.]