Toxics Cleanup > Voluntary Cleanup Program > The Requirements

The Requirements

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:

• Chapter 70.105D RCW, Model Toxics Control Act (MTCA)
  

The cleanup requirements are set forth in the rules adopted under that law:

• Chapter 173-340 WAC, MTCA Cleanup Regulation
• Chapter 173-204 WAC, Sediment Management Standards

Cleanup Requirements

The cleanup requirements set forth in the above rules can be split into two categories: substantive and administrative. 

• The substantive requirements govern the sufficiency of a cleanup.  They directly affect the cleanup and the condition of the environment upon completion of the cleanup.



• The administrative requirements govern the cleanup process.  They generally govern, for example, documenting and reporting planned or completed remedial actions.  

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:

• Guidance for Property Cleanups
  

For additional guidance on how to meet the substantive requirements, please refer to the following TCP web pages:

• Regulations Page
• Policies and Guidance Page
• Tools and Resources Page

Reporting Requirements

Please comply with the following reporting requirements when requesting written opinions on planned or completed remedial actions: 

1. Cover Letter.  Include a cover letter describing the plan or report and specifying the desired Ecology action or response.  See WAC 173-340-840(1).  
   
   
2. Number of Copies.  Provide an electronic copy and one hard copy of the plan or report.  Ecology may require additional hard copies.  See WAC 173-340-840(2).
   
   
3. Certification.  Documents submitted containing geologic, hydrologic, or engineering work must be under the seal of an appropriately licensed professional.  See Chapter 18.220 RCW and Chapter 18.43 RCW.  For additional guidance, refer to the following:

 

1. Geologists:



• Rules: Chapter 308-15 WAC.
• Licensing Board: www.dol.wa.gov/business/geologist/geoboardinfo.html.
  
  
2. Engineers:
   
   
   • Rules: Title 196 WAC.
   • Licensing Board: www.dol.wa.gov/business/engineerslandsurveyors/
   
   
   
4. Data Submittal.  Environmental sampling data must be submitted in both a printed form and an electronic form capable of being transferred into Ecology’s data management systems. For instructions on how to submit the data, please refer to the following web site: http://www.ecy.wa.gov/programs/tcp/data_submittal/Data_Requirements.htm.
   
   

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.   

For a complete list of these and other reporting requirements, see WAC 173-340-840.

Environmental Covenants

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, please use the following Ecology-approved boilerplate to draft your covenant: Model Environmental Covenant.

For direction on how to execute, amend, or terminate a covenant, see Chapter 64.70, Uniform Environmental Covenants Act (UECA).