RCW 70A.15.3110
Air pollution control authority—Assumption of control by department.
(1) If, after thirty days from the time that the department issues a report or order to an authority under RCW 70A.15.3090 and 70A.15.3100, such authority has not taken action which indicates that it is attempting in good faith to implement the recommendations or actions of the department as set forth in the report or order, the department may, by order, declare as null and void any or all ordinances, resolutions, rules or regulations of such authority relating to the control and/or prevention of air pollution, and at such time the department shall become the sole body with authority to make and enforce rules and regulations for the control and/or prevention of air pollution within the geographical area of such authority. If this occurs, the department may assume all those powers which are given to it by law to effectuate the purposes of this chapter. The department may, by order, continue in effect and enforce provisions of the ordinances, resolutions, or rules of such authority which are not less stringent than those requirements which the department may have found applicable to the area under RCW 70A.15.3000, until such time as the department adopts its own rules. Any rules promulgated by the department shall be subject to the provisions of chapter 34.05 RCW. Any enforcement actions shall be subject to RCW 43.21B.300 or 43.21B.310.
(2) No provision of this chapter is intended to prohibit any authority from reestablishing its air pollution control program which meets with the approval of the department and which complies with the purposes of this chapter and with applicable rules and orders of the department.
(3) Nothing in this chapter shall prevent the department from withdrawing the exercise of its jurisdiction over an authority upon its own motion if the department has found at a hearing held in accordance with chapters 42.30 and 34.05 RCW, that the air pollution prevention and control program of such authority will be carried out in good faith, that such program will do all that is possible and reasonable to control and/or prevent air pollution within the geographical area over which it has jurisdiction, and that the program complies with the provisions of this chapter. Upon the withdrawal of the department, the department shall prescribe certain recommendations as to how air pollution prevention and/or control is to be effectively accomplished and guidelines which will assist the authority in carrying out the recommendations of the department.
[ 2020 c 20 § 1109; 1991 c 199 § 715; 1987 c 109 § 46; 1969 ex.s. c 168 § 42; 1967 c 238 § 56. Formerly RCW 70.94.410.]
NOTES:
Finding—1991 c 199: See note following RCW 70A.15.1005.
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
Structure Revised Code of Washington
Title 70A - Environmental Health and Safety
Chapter 70A.15 - Washington Clean Air Act.
70A.15.1005 - Declaration of public policies and purpose.
70A.15.1010 - Air pollution control account—Air operating permit account.
70A.15.1040 - Environmental excellence program agreements—Effect on chapter.
70A.15.1050 - Technical assistance program for regulated community.
70A.15.1060 - Transportation activities—"Conformity" determination requirements.
70A.15.1070 - Causing or permitting air pollution unlawful—Exception.
70A.15.1080 - Exception—Burning wood at historic structure.
70A.15.1090 - Policy to cooperate with federal government.
70A.15.1100 - Issuance of enforceable order—Overburdened communities.
70A.15.1510 - Air pollution control authority may be activated by counties, when.
70A.15.1520 - Multicounty authority may be formed by contiguous counties—Name.
70A.15.1550 - Resolutions activating authorities—Contents—Filings—Effective date of operation.
70A.15.1560 - Powers and duties of authorities.
70A.15.1570 - Cost-reimbursement agreements.
70A.15.1580 - Excess tax levy authorized—Election, procedure, expense.
70A.15.1590 - Air pollution control authority—Fiscal year—Adoption of budget—Contents.
70A.15.1610 - Designation of authority treasurer and auditor—Duties.
70A.15.1620 - Assessed valuation of taxable property, certification by county assessors.
70A.15.1630 - Authorization to borrow money.
70A.15.1640 - Special air pollution studies—Contracts for conduct of.
70A.15.2000 - Air pollution control authority—Board of directors—Composition—Term.
70A.15.2010 - City selection committees.
70A.15.2040 - Air pollution control authority—Powers and duties of activated authority.
70A.15.2050 - Subpoena powers—Witnesses, expenses and mileage—Rules and regulations.
70A.15.2230 - RACT requirements.
70A.15.2240 - Control of emissions—Bubble concept—Schedules of compliance.
70A.15.2250 - Preemption of uniform building and fire codes.
70A.15.2260 - Operating permits for air contaminant sources—Generally—Fees, report to legislature.
70A.15.2270 - Annual fees from operating permit program source to cover cost of program.
70A.15.2280 - Source categories not required to have a permit—Recommendations.
70A.15.2290 - Gasoline vapor recovery devices—Limitation on requiring.
70A.15.2300 - Air pollution control authority control officer.
70A.15.2310 - Variances—Application for—Considerations—Limitations—Renewals—Review.
70A.15.2510 - Confidentiality of records and information.
70A.15.2520 - Enforcement actions by air authority—Notice to violators.
70A.15.2530 - Order final unless appealed to pollution control hearings board.
70A.15.2540 - Rules of authority supersede local rules, regulations, etc.—Exceptions.
70A.15.2560 - Air pollution control advisory council.
70A.15.2570 - Dissolution of authority—Deactivation of authority.
70A.15.2580 - Withdrawal from multicounty authority.
70A.15.3000 - Powers and duties of department.
70A.15.3010 - Enforcement actions by department—Notice to violators.
70A.15.3020 - Hazardous substance remedial actions—Procedural requirements not applicable.
70A.15.3050 - Emission control requirements.
70A.15.3060 - State financial aid—Application for—Requirements.
70A.15.3090 - Order activating authority—Filing—Hearing—Amendment of order.
70A.15.3100 - Air pollution control authority—Review by department of program.
70A.15.3110 - Air pollution control authority—Assumption of control by department.
70A.15.3120 - State departments and agencies to cooperate with department and authorities.
70A.15.3140 - Restraining orders—Injunctions.
70A.15.3150 - Penalties (as amended by 2021 c 315).
70A.15.3160 - Civil penalties—Excusable excess emissions.
70A.15.3170 - Additional means for enforcement of chapter.
70A.15.3500 - Woodstoves—Policy.
70A.15.3510 - Woodstoves—Definitions.
70A.15.3520 - Residential and commercial construction—Burning and heating device standards.
70A.15.3530 - Solid fuel burning devices—Emission performance standards.
70A.15.3540 - Sale of unapproved woodstoves—Prohibited.
70A.15.3550 - Sale of unapproved woodstoves—Penalty.
70A.15.3560 - Sale of unapproved woodstoves—Application of law to advertising media.
70A.15.3590 - Liability of condominium owners' association or resident association.
70A.15.3600 - Limitations on use of solid fuel burning devices.
70A.15.3610 - Woodstove education program.
70A.15.3630 - Woodsmoke emissions—Findings.
70A.15.4000 - Transportation demand management—Findings.
70A.15.4010 - Transportation demand management—Definitions.
70A.15.4020 - Transportation demand management—Requirements for counties and cities.
70A.15.4030 - Transportation demand management—Growth and transportation efficiency centers.
70A.15.4040 - Transportation demand management—Requirements for employers.
70A.15.4050 - Transportation demand management—Jurisdictions' review and penalties.
70A.15.4060 - Transportation demand management—Commute trip reduction board.
70A.15.4070 - Transportation demand management—Technical assistance.
70A.15.4080 - Transportation demand management—Use of funds.
70A.15.4090 - Transportation demand management—Intent—State leadership.
70A.15.4110 - Transportation demand management—Collective bargaining powers unaffected.
70A.15.4500 - Reports of authorities to department of ecology—Contents.
70A.15.4510 - Burning used oil fuel in land-based facilities.
70A.15.4520 - Metals mining and milling operations permits—Inspections by department of ecology.
70A.15.5000 - Definition of "outdoor burning."
70A.15.5010 - Outdoor burning—Fires prohibited—Exceptions.
70A.15.5030 - Outdoor burning—Permits issued by political subdivisions.
70A.15.5040 - Limited outdoor burning—Establishment of program.
70A.15.5050 - Limited outdoor burning—Construction.
70A.15.5070 - Limited outdoor burning—Program—Exceptions.
70A.15.5100 - Delegation of permit issuance and enforcement to political subdivisions.
70A.15.5130 - Silvicultural forest burning—Reduce statewide emissions—Exemption—Monitoring program.
70A.15.5160 - Adoption of rules.
70A.15.5170 - Burning permits for regeneration of rare and endangered plants.
70A.15.5190 - Outdoor burning allowed for managing storm or flood-related debris.
70A.15.5200 - Fires necessary for Indian ceremonies or smoke signals.
70A.15.5210 - Permit to set fires for weed abatement.
70A.15.5220 - Disposal of tumbleweeds.
70A.15.6000 - Air pollution episodes—Legislative finding—Declaration of policy.
70A.15.6020 - Air pollution episodes—Declaration of air pollution emergency by governor.
70A.15.6040 - Air pollution episodes—Orders to be effective immediately.
70A.15.6050 - Plans approved pursuant to federal clean air act—Enforcement authority.
70A.15.6200 - Legislative declaration—Intent.
70A.15.6220 - Monitoring by department of ecology.
70A.15.6230 - Emission credits banking program—Amount of credit.
70A.15.6240 - Department of ecology may accept delegation of programs.
70A.15.6260 - Establishment of critical deposition and acidification levels—Considerations.
70A.15.6270 - Carbon dioxide mitigation—Fees.
70A.15.6450 - Boiler or process heaters—Assessment and reporting requirements.
70A.15.9001 - Construction—1967 c 238.
70A.15.9002 - Construction, repeal of RCW 70.94.061 through 70.94.066—Saving.