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Related Rules, Policies, and Other References
|Site Discovery & Reporting: The process whereby Ecology finds out about contaminated sites. Most contamination problems are reported to us by Washington state citizens, or by business owners and operators. Releases of hazardous substances from Leaking Underground Storage Tanks must be reported to Ecology within 24 hours of discovery; all other incidents or releases must be reported within 90 days of discovery.||Rule:
WAC 173-340-300 and -450(5)
WAC 173-360-360, -372, and -375
Site Discovery & Reporting Policy 300
|Initial Investigation (II): A brief investigation conducted within 90 days of receiving a site discovery report. This step provides enough information to determine if the site needs further investigation, emergency cleanup, or no further action. If further action is required, early notice letters are sent to site owners, operators, etc. inviting them to work cooperatively with us to resolve any contamination problems, AND the site proceeds to the next step...||Rule:
|Site Hazard Assessment (SHA): An assessment to confirm the presence of hazardous substances and to determine the relative risk the site poses to human health and the environment. (Note: Some SHAs are conducted by Ecology staff while others are conducted by local health districts / departments.)||Rule:
|Hazard Ranking (WARM Score): The results of the Site Hazard Assessment step are used in the Washington Ranking Method (WARM) to yield a WARM score -- a number between 1 and 5, where a score of 1 represents the highest level of risk and 5 the lowest. Generally, federal Superfund sites and sites ranked 1 or 2 are considered higher priority for cleanup. Some factors that enter into site hazard ranking include: the amount and type of contaminants present, and how easily contaminants could come into contact with people and the environment. The level of public concern is also considered.||Rule:
Focus Sheet: WARM
|Listing on Hazardous Sites List (HSL): Ranked sites are placed on the state Hazardous Sites List, a semi-annual list of contaminated sites that shows sites ranked and slated for cleanup under the Model Toxics Control Act.||Rule:
|Emergency Action: Emergency situations such as spills of hazardous substances and drug lab cleanups are referred to another program for immediate action.||Spill Prevention, Preparedness & Response Program|
|Interim Action: Any remedial action that partially addresses the cleanup of a site.||Rule: WAC 173-340-430|
|Remedial Investigation / Feasibility Study (RI/FS):
An in-depth study conducted to:
The RI/FS may be conducted as two separate steps, but they are often
combined into one study. A draft of the RI/FS report is made
available for public review and comment before finalizing.
WAC 173-340-350, and -355 through -370
|Cleanup Action Plan (CAP): A document that describes the selected cleanup method(s) and specifies cleanup standards and other requirements. It is based on information and technical analyses generated during the RI/FS and consideration of public comments and community concerns. A draft of the CAP is made available for public review and comment before finalizing.||Rule: WAC 173-340-380|
Engineering Design: A cleanup step that
includes development of detailed plans and specifications to carry out
the selected method of cleanup, including development of an engineering
Synonym: Remedial Design (RD).
|Rule: WAC 173-340-400|
|Cleanup Construction: The implementation of
the selected cleanup action (i.e., actions taken at a site to eliminate,
render less toxic, stabilize, contain, immobilize, isolate, treat,
destroy, or remove a hazardous substance). Includes construction
activities such as removal of contaminated soils or sediment for
off-site treatment or disposal; pumping and treating of contaminated
ground water; sealing off contaminated soils or sediment beneath a cap
or barrier; the addition of chemicals or enhancement of the growth
of microorganisms that break down contaminants in place; etc.
Synonyms: Cleanup Action, Remedial Action.
|Rule: WAC 173-340-400 and -410|
|Cleanup Operation & Maintenance: Activities conducted at a site after cleanup construction is completed to ensure that the cleanup or containment system is functioning properly. (Note: This definition is not synonymous with the federal CERCLA definition of Operation & Maintenance).||Rule: WAC 173-340-400 and -410|
Environmental Covenants: Measures taken to
limit or prohibit activities that may interfere with the integrity of a
cleanup action or that may result in exposure to hazardous substances.
Synonyms: Institutional Controls, Restrictive Covenants.
|Examples in Rule:
WAC 173-340-440 (1)
|Periodic (5-Year) Reviews: A review of post-cleanup conditions and monitoring data that may be required at least every five years to ensure that human health and the environment are being protected.||Rule: WAC 173-340-420|
|Removal from Hazardous Sites List (de-listing): Sites may be removed from the state Hazardous Sites List (a semi-annual listing of contaminated sites), when cleanup standards have been achieved and all requirements have been met.||Rule:
WAC 173-340-330 (7)
|[Note: Cleanup Operation & Maintenance or other forms of monitoring may continue after cleanup standards are met and site has been removed from the Hazardous Sites List.]|
|Agreed Order: A legal document issued by Ecology which formalizes an agreement between the department and potentially liable persons (PLPs) for the actions needed at a site. (Subject to public comment.)||Rule: WAC 173-340-530|
|Consent Decree: A legal document, approved and issued by a court which formalizes an agreement reached between the state and potentially liable persons (PLPs) on the actions needed at a site. (Subject to public comment.)||Rule: WAC 173-340-520|
|De Minimus Consent Decree: A unique type of Consent Decree that may be entered into in the case of a "de minimus" Contribution Settlement (where "de minimus" means that the amount of contamination contributed by one or more Potentially Liable Parties is insignificant in amount or toxicity). (Subject to public comment.)||Rule:
RCW 70.105D.040 (4a)
|Prospective Purchaser Consent Decree: A particular type of consent decree entered into with a person not currently liable for remedial action at a site who proposes to purchase, redevelop, or reuse the site. (Subject to public comment.)||Rule:
RCW 70.105D.040 (5)
and WAC 173-340-520 (1c)
|Enforcement Order: A legal document issued by the department requiring remedial action. Failure to comply with an enforcement order may result in substantial liability for costs and penalties. (Subject to public comment.)||Rule:
Focus Article: Model
Toxics Control Act Cleanup Regulation: Process for Cleanup of Hazardous
Voluntary Cleanup Program (VCP)
Cleanup Levels and Risk Calculation (CLARC) Tool
Toxics Cleanup Program Policies & Guidance page
Toxics Cleanup Program Regulations page
Toxics Cleanup Program Tools page
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