RCW 70A.300.370
Local governments to designate zones—Departmental guidelines—Approval of local government zone designations or amendments—Exemption.
(1) Each local government, or combination of contiguous local governments, is directed to: (a) Demonstrate to the satisfaction of the department that existing zoning allows designated zone facilities as permitted uses; or (b) designate land use zones within its jurisdiction in which designated zone facilities are permitted uses. The zone designations shall be consistent with the state siting criteria adopted in accordance with RCW 70A.300.320, except as may be approved by the department in accordance with subsection (6) of this section.
(2) Local governments shall not prohibit the processing or handling of hazardous waste in zones in which the processing or handling of hazardous substances is not prohibited. This subsection does not apply in residential zones.
(3) The department shall prepare guidelines, as appropriate, for the designation of zones under this section. The guidelines shall be prepared in consultation with local governments and shall be completed by December 31, 1986.
(4) The initial designation of zones shall be completed or revised, and submitted to the department within eighteen months after the enactment of siting criteria in accordance with RCW 70A.300.320. Local governments that do not comply with this submittal deadline shall be subject to the preemptive provisions of RCW 70A.300.400(4) until such time as zone designations are completed and approved by the department. Local governments may from time to time amend their designated zones.
(5) Local governments without land use zoning provisions shall designate eligible geographic areas within their jurisdiction, based on siting criteria adopted in accordance with RCW 70A.300.320. The area designation shall be subject to the same requirements as if they were zone designations.
(6) Each local government, or combination of contiguous local governments, shall submit its designation of zones or amendments thereto to the department. The department shall approve or disapprove zone designations or amendments within ninety days of submission. The department shall approve eligible zone designations if it determines that the proposed zone designations are consistent with this chapter, the applicable siting criteria, and guidelines for developing designated zones: PROVIDED, That the department shall consider local zoning in place as of January 1, 1985, or other special situations or conditions which may exist in the jurisdiction. If approval is denied, the department shall state within ninety days from the date of submission the facts upon which that decision is based and shall submit the statement to the local government together with any other comments or recommendations it deems appropriate. The local government shall have ninety days after it receives the statement from the department to make modifications designed to eliminate the inconsistencies and resubmit the designation to the department for approval. Any designations shall take effect when approved by the department.
(7) The department may exempt a local government from the requirements of this section if:
(a) Regulated quantities of hazardous waste have not been generated within the jurisdiction during the two calendar years immediately preceding the calendar year during which the exemption is requested; and
(b) The local government can demonstrate to the satisfaction of the department that no significant portion of land within the jurisdiction can meet the siting criteria adopted in accordance with RCW 70A.300.320.
[ 2020 c 20 § 1299; 1989 1st ex.s. c 13 § 1; 1985 c 448 § 7. Formerly RCW 70.105.225.]
NOTES:
Severability—1985 c 448: See note following RCW 70A.300.005.
Structure Revised Code of Washington
Title 70A - Environmental Health and Safety
Chapter 70A.300 - Hazardous Waste Management.
70A.300.005 - Legislative declaration.
70A.300.030 - Environmental excellence program agreements—Effect on chapter.
70A.300.050 - Solid wastes—Conditionally exempt from chapter.
70A.300.060 - Disposal site or facility—Acquisition—Disposal fee schedule.
70A.300.070 - Disposal at other than approved site prohibited—Disposal of radioactive wastes.
70A.300.080 - Criteria for receiving waste at disposal site.
70A.300.090 - Violations—Civil penalties.
70A.300.100 - Violations—Criminal penalties.
70A.300.110 - Violations—Gross misdemeanor.
70A.300.120 - Violations—Orders—Penalty for noncompliance—Appeal.
70A.300.130 - Action for damages resulting from violation—Attorneys' fees.
70A.300.140 - Powers and duties of department.
70A.300.150 - Duty of department to regulate PCB waste.
70A.300.160 - Regulation of wastes with radioactive and hazardous components.
70A.300.170 - Regulation of dangerous wastes associated with energy facilities.
70A.300.180 - Radioactive wastes—Authority of department of social and health services.
70A.300.190 - Application of chapter to special incinerator ash.
70A.300.200 - Hazardous substance remedial actions—Procedural requirements not applicable.
70A.300.210 - Authority of attorney general.
70A.300.220 - Department's powers as designated agency under federal act.
70A.300.240 - Rules implemented under RCW 70A.300.220—Review.
70A.300.250 - Department's authority to participate in and administer federal act.
70A.300.260 - Declaration—Management of hazardous waste—Priorities—Definitions.
70A.300.270 - Waste management study—Public hearings—Adoption or modification of rules.
70A.300.290 - Waste management—Consultative services—Technical assistance—Confidentiality.
70A.300.300 - Disposition of fines and penalties—Earnings.
70A.300.310 - Hazardous waste management plan.
70A.300.320 - Hazardous waste management facilities—Department to develop criteria for siting.
70A.300.330 - Department to adopt rules for permits for hazardous substances treatment facilities.
70A.300.340 - Local government regulatory authority to prohibit or condition.
70A.300.350 - Local governments to prepare local hazardous waste plans—Basis—Elements required.
70A.300.360 - Local governments to prepare local hazardous waste plans—Used oil recycling element.
70A.300.410 - Department may require notice of intent for management facility permit.
70A.300.420 - Appeals to pollution control hearings board.
70A.300.430 - Department to provide technical assistance with local plans.
70A.300.460 - Service charges.
70A.300.470 - Metals mining and milling operations permits—Inspections by department of ecology.