This page identifies the requirements governing the cleanup of hazardous waste sites and provides guidance on how to meet those requirements. Upon completion of your Site or Property cleanup, Ecology may issue a “No Further Action” opinion if your cleanup meets those requirements.
Laws and Rules
The cleanup of hazardous waste sites is governed by the state’s cleanup law:
The cleanup requirements are set forth in the rules adopted under that law:
The cleanup requirements set forth in the above rules can be split into two categories: substantive and administrative.
The substantive requirements are the same for Ecology-supervised and independent cleanups. However, the administrative requirements are different.
Upon completion of your cleanup, Ecology can determine whether your cleanup meets the substantive requirements. If your cleanup meets those requirements, then Ecology can issue you a “No Further Action” opinion.
Guidance on Cleanup
To help you determine whether your cleanup meets the substantive requirements of MTCA, Ecology has developed the following guidance:
For additional guidance on how to meet the substantive requirements, please refer to the following TCP web pages:
Starting June 1, 2016, independent remedial action plans and reports submitted for Ecology review under the Voluntary Cleanup Program (VCP) need to include the information specified in the following checklists, as applicable:
Ecology will not accept a plan or report for review until it is complete. If a plan or report is incomplete, Ecology will notify you in writing within 90 days and identify deficiencies using the applicable checklists.
If you submitted an incomplete plan or report before June 1, 2016, Ecology will review and provide you an opinion. However, you may receive a further action opinion that closely follows and even includes the checklist.
Format and Templates
Your plan or report does not need to be the same in title or format as the documents required under MTCA. However, your plan or report must still contain sufficient information to serve the same purposes as those documents. The scope and level of detail required depends on site-specific conditions and the complexity of the cleanup. See WAC 173-340-515(3) and (4).
If your Remedial Investigation report depends on information or data contained in previous reports, your report should:
For Remedial Investigation reports, you may use the template Ecology has developed. The template mirrors the corresponding checklist and provides more information, with suggestions and links to existing guidance materials. We encourage you to use the template, but it is not required.
Do you like the checklists and template? Do you think they could be improved? We want your feedback! Email email@example.com with any comments.
Please comply with the following reporting requirements when
requesting written opinions on planned or completed remedial
Failure to comply with these and other reporting requirements may result in
unnecessary delays. Please note that Ecology will not issue a No Further Action
(NFA) opinion unless these requirements are satisfied.
If your cleanup is not permanent, then institutional controls are required to meet the substantive requirements of MTCA. Such controls prohibit or limit activities on a property that may interfere with the integrity of engineered controls or result in exposure to hazardous substances. Except under certain specified circumstances, such controls must be executed through an environmental covenant on the affected property.
For guidance on when institutional controls are required, and when such controls must be executed through an environmental covenant, see WAC 173-340-440.
If an environmental covenant is required as part of your cleanup, see Procedure 440A for detailed procedures on how to establish the covenant and an Ecology-approved boilerplate for use in drafting the covenant. Ecology may either draft the covenant or request that you draft the covenant using the boilerplate.
For additional direction on how to execute, amend, or terminate a covenant, see Chapter 64.70, Uniform Environmental Covenants Act (UECA).
This page last updated September, 2016
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