Final Report of the Model Toxics Control Act Policy Advisory Committee

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Authority:

Engrossed Substitute House Bill 1810
54th Legislature
1995 Regular Session

Submitted to the:

House Agriculture and Ecology Committee
Senate Ecology and Parks Committee
Director, Department of Ecology

December 15, 1996

TABLE OF CONTENTS

LETTER OF TRANSMITTAL

EXECUTIVE SUMMARY 1

1.0 INTRODUCTION TO THE MTCA POLICY ADVISORY COMMITTEE -- MISSION AND OBJECTIVES 3

1.1 INTRODUCTION 3
1.2 STATUTORY AND INITIATIVE HISTORY 3
1.3 MTCA POLICY ADVISORY COMMITTEE MISSION AND OBJECTIVES 4

2.0 PAC COMPOSITION AND OPERATING PROCEDURES 8

 2.1 MEMBERS AND ALTERNATES TO THE PAC 8
2.2 PAC OPERATING STRATEGY 9
2.3 PUBLIC PARTICIPATION IN THE PAC 11
2.4 ROLE OF PILOT SITES IN THE PAC’S DELIBERATIONS 12
2.5 USE AND STATUS OF APPROPRIATED FUNDING 14

3.0 AN INTEGRATED STRATEGY: RECOMMENDATIONS TO MORE EFFECTIVELY IMPLEMENT MTCA 15

 3.1 THE BIG PICTURE: OVERALL RECOMMENDATIONS 15
3.2 PRIORITY ISSUE RECOMMENDATIONS 24
3.2.1 Priority Issue #1: Site-Specific Risk Assessment 24
3.2.2 Priority Issue #2: Allowable Risk/Risk Range 28
3.2.3 Priority Issue #3: Petroleum Cleanup 28
3.2.4 Priority Issue #4: Ecologically-Based Cleanup Standards 30
3.2.5 Priority Issue #5: Remedy Permanence, Future Land Use, Waste Management Hierarchy, Long-Term Effectiveness, Groundwater Contamination, Remedy Cost 32
3.2.6 Priority Issue #6: Remedy Cost 35
3.2.7 Priority Issue #7: Cleanup Action Levels 35
3.2.8 Priority Issue #8: Remedy "Czar" 36
3.2.9 Priority Issue #9: Areawide Contamination/Brownfields 36
3.2.10 Priority Issue #10: Enhanced Technical Assistance 40
3.2.11 Priority Issue #11: Independent Remedial Action Program (IRAP) 42
3.2.12 Priority Issue #12: Consultant Certification 42
3.2.13 Priority Issue #13: Independent Cleanup Audits/Quality Control 42
3.2.14 Priority Issue #14: Improved Internal Decision Making 43
3.2.15 Priority Issue #15: Neutral Appeal/Dispute Resolution 43
3.2.16 Priority Issue #16: Improved Information Management 45
3.2.17 Priority Issue #17: Tax Policy 45
3.2.18 Priority Issue #18: Strict, Joint and Several, and Retroactive Liability 46
3.2.19 Priority Issue #19: Equitable Factors 46
3.2.20 Priority Issue #20: Toxics Cleanup Program Budget 46
3.2.21 Priority Issue #21: Public Participation and Community Involvement 47
3.2.22 Priority Issue #22: Plume Clause 49
3.2.23 Priority Issue #23: Transferability of Covenants Not to Sue 50
3.2.24 Additional Issue: Release Reporting 50
3.2.25 Additional Issue: Probabilistic Risk Assessment 51
3.2.26 Additional Issue: Guidance and Training for Interested Persons and Public 51
3.2.27 Additional Issue: Contribution 52
3.2.28 Additional Issue: Toxics Control Account 53

4.0 RECOMMENDATIONS TO LEGISLATURE FOR STATUTORY CHANGE 54

5.0 RECOMMENDATIONS TO ECOLOGY FOR RULEMAKING AND POLICY/GUIDANCE CHANGE 59

6.0 WHAT ELSE IS NEEDED? 86

FIGURE AND TABLES

TABLE 1 - PRIORITY ISSUES FOR THE MTCA PAC 5
TABLE 2 - MTCA PAC MEMBERSHIP 8
TABLE 3 - SUMMARY OF MTCA PAC PILOT SITE ISSUES 13
TABLE 4 - COMPARISON OF MTCA AS-IS TO THE “NEW MTCA” 19

FIGURE 1- THE BIG PICTURE - MTCA PAC RECOMMENDATIONS 16

APPENDICES

APPENDIX A - ESHB 1810 - (unavailable for downloading)
APPENDIX B - SUBCOMMITTEE DESCRIPTIONS
APPENDIX C - PRIORITY ISSUE TEMPLATES
APPENDIX D - NEWSLETTER - (unavailable for downloading)
APPENDIX E - PILOT SITE INFORMATION - (unavailable for downloading)

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