Revised Code of Washington
Chapter 43.21B - Environmental and Land Use Hearings Office—Pollution Control Hearings Board.
43.21B.001 - Definitions.

RCW 43.21B.001
Definitions.

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Business days" means Monday through Friday exclusive of any state or federal holiday.
(2) "Date of receipt" means:
(a) Five business days after the date of mailing; or
(b) The date of actual receipt, when the actual receipt date can be proven by a preponderance of the evidence. The recipient's sworn affidavit or declaration indicating the date of receipt, which is unchallenged by the agency, shall constitute sufficient evidence of actual receipt. The date of actual receipt, however, may not exceed forty-five days from the date of mailing.
(3) "Department" means the department of ecology.
(4) "Director" means the director of ecology.
(5) "Environmental boards" means the pollution control hearings board created in RCW 43.21B.010 and the shorelines hearings board created in RCW 90.58.170.
(6) "Land use board" means the growth management hearings board created in RCW 36.70A.250.

[ 2010 c 210 § 2; 2004 c 204 § 1; 1987 c 109 § 4.]
NOTES:

Intent—2010 c 210: "It is the intent of the legislature to reduce and consolidate the number of state boards that conduct administrative review of environmental and land use decisions and to make more uniform the timelines for filing appeals with such boards. The legislature intends to eliminate the hydraulics appeals board and the forest practices appeals board by transferring their duties to the pollution control hearings board. The legislature further intends to eliminate certain preliminary informal appeals heard internally by agencies. The legislature also intends to consolidate administratively and physically collocate the growth management hearings boards into the environmental and land use hearings office by July 1, 2011." [ 2010 c 210 § 1.]


Effective dates—2010 c 210: "(1) Sections 1, 3, 5, 7, 9 through 14, and 16 through 42 of this act take effect July 1, 2010.
(2) Sections 2, 4, 6, 15, 43, and 46 of this act take effect July 1, 2011. The chief executive officer of the environmental hearings office may take the necessary steps to ensure that these sections are implemented on their effective date.
(3) Section 8 of this act takes effect June 30, 2019." [ 2010 c 210 § 44.]


Application—Pending cases and rules—2010 c 210: "(1) This act applies prospectively only and not retroactively. It applies only to appeals that are commenced on or after July 1, 2010. The repeals in section 41 of this act do not affect any existing right acquired or liability or obligation incurred under the statutes repealed or under any rule or order adopted under those statutes nor do they affect any proceeding instituted under them.
(2) All pending cases before the forest practices appeals board and the hydraulics appeals board shall be continued and acted upon by those boards. All existing rules of the forest practices appeals board shall remain in effect and be used by the pollution control hearings board until the pollution control hearings board adopts superseding rules for forest practices appeals." [ 2010 c 210 § 42.]


Purpose—1987 c 109: "The purposes of this act are to:
(1) Simplify and clarify existing statutory and administrative procedures for appealing decisions of the department of ecology and air pollution control authorities in order to (a) expedite those appeals, (b) insure that those appeals are conducted with a minimum of expense to save state and private resources, and (c) allow the appellate authorities to decide cases on their merits rather than on procedural technicalities.
(2) Clarify existing statutes relating to the environment but which refer to numerous agencies no longer in existence.
(3) Eliminate provisions no longer effective or meaningful and abbreviate statutory provisions which are unnecessarily long and confusing." [ 1987 c 109 § 1.]


Short title—1987 c 109: "This act may be referred to as the "ecology procedures simplification act of 1987." [ 1987 c 109 § 2.]


Construction—1987 c 109: "Unless otherwise specifically intended, this act shall not be construed to change existing substantive or procedural law; it should only clarify and standardize existing procedures." [ 1987 c 109 § 3.]


Rules—1987 c 109: "The department of ecology shall amend its rules by June 30, 1988, to effect the purposes of this act." [ 1987 c 109 § 160.]


Severability—1987 c 109: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1987 c 109 § 161.]


Captions—1987 c 109: "As used in this act, bill headings and section captions constitute no part of the law." [ 1987 c 109 § 162.]

Structure Revised Code of Washington

Revised Code of Washington

Title 43 - State Government—Executive

Chapter 43.21B - Environmental and Land Use Hearings Office—Pollution Control Hearings Board.

43.21B.001 - Definitions.

43.21B.005 - Environmental and land use hearings office created—Composition—Administrative appeals judges—Contracts for services—Public access to rulings, decisions, and orders.

43.21B.010 - Pollution control hearings board created—Purpose.

43.21B.020 - Members—Qualifications—Appointment.

43.21B.030 - Members—Terms—Filling vacancies, term.

43.21B.040 - Removal of member, procedure—As disqualification for reappointment.

43.21B.050 - Governor to determine basis for operation—Compensation if part-time basis, limitation—Reimbursement of travel expenses.

43.21B.060 - Restrictions upon conduct while member and upon termination of membership.

43.21B.080 - Chair, biennial election of.

43.21B.090 - Principal office—Quorum—Hearings—Board powers and duties.

43.21B.100 - Board to make findings of fact and written decisions on each case considered—Effective upon signing and filing—Public information.

43.21B.110 - Pollution control hearings board jurisdiction.

43.21B.130 - Administrative procedure act to apply to appeal of board rules and regulations—Scope of board action on decisions and orders of others.

43.21B.160 - Appeals—Generally.

43.21B.170 - Proceedings conducted in accordance with published board rules and regulations.

43.21B.175 - Mediation.

43.21B.180 - Judicial review—Right of review of decisions pursuant to RCW 43.21B.110.

43.21B.230 - Appeals of agency actions.

43.21B.240 - Department—Air authorities—Adjudicative proceedings, may not conduct.

43.21B.250 - Challenges to consistency of rules adopted pursuant to RCW 43.21C.110 and 43.21C.120—Procedure—Finality.

43.21B.260 - Regulations and amendments of activated air pollution control authorities—Filing with hearings board authorized—Evidence.

43.21B.300 - Penalty procedures.

43.21B.305 - Appeals that involve penalties of fifteen thousand dollars or less or that involve a derelict or abandoned vessel under RCW 79.100.120.

43.21B.310 - Appeal of orders.

43.21B.320 - Stays of orders.

43.21B.330 - Summary procedures.

43.21B.900 - Savings—Other powers and duties not affected—Permits, standards not affected—Severability—Effective date—1970 ex.s. c 62.