2005 Washington Revised Code RCW 90.76.020: Department\'s powers and duties.

(1) The department shall adopt rules establishing requirements for all underground storage tanks that are regulated under the federal act, taking into account the various classes or categories of tanks to be regulated. The rules must be consistent with and no less stringent than the federal regulations and consist of requirements for the following:

     (a) New underground storage tank system design, construction, installation, and notification;

     (b) Upgrading existing underground storage tank systems;

     (c) General operating requirements;

     (d) Release detection;

     (e) Release reporting;

     (f) Out-of-service underground storage tank systems and closure; and

     (g) Financial responsibility for underground storage tanks containing regulated substances.

     (2) The department shall adopt rules:

     (a) Establishing physical site criteria to be used in designating local environmentally sensitive areas;

     (b) Establishing procedures for local government application for this designation; and

     (c) Establishing procedures for local government adoption and department approval of rules more stringent than the statewide standards in these designated areas.

     (3) The department shall establish by rule an administrative and enforcement program that is consistent with and no less stringent than the program required under the federal regulations in the areas of:

     (a) Compliance monitoring, including procedures for recordkeeping and a program for systematic inspections;

     (b) Enforcement;

     (c) Public participation; and

     (d) Information sharing.

     (4) The department shall establish a program that provides for the annual licensing of underground storage tanks. The license shall take the form of a tank endorsement on the facility's annual master business license issued by the department of licensing. A tank is not eligible for a license unless the owner or operator can demonstrate compliance with the requirements of this chapter and the annual tank fees have been remitted. The department may revoke a tank license if a facility is not in compliance with this chapter. The master business license shall be displayed by the tank owner or operator in a location clearly identifiable.

     (5)(a) The department shall issue a one-time "facility compliance tag" to correspond with the December 22, 1998, underground storage tank compliance deadline for corrosion, spill, and overfill protection. Facility compliance tags may only be issued for facilities that have installed the equipment required to meet corrosion, spill, and overfill protection standards that are required by December 22, 1998, and at the time of tag issuance have demonstrated financial responsibility and paid annual tank fees. The facility shall continue to maintain compliance with corrosion, spill, and overfill protection standards, and financial responsibility, and have remitted annual tank fees to display a facility compliance tag. The facility compliance tag shall be displayed on the fire emergency shutoff device, or in the absence of such a device in close proximity to the fill pipes and clearly identifiable to persons delivering regulated substance to underground storage tanks.

     (b) The department may revoke a facility compliance tag if a facility is not in compliance with the requirements needed to obtain or display the tag.

     (6) The department may establish programs to certify persons who conduct inspections, testing, closure, cathodic protection, interior tank lining, corrective action, or other activities required under this chapter. Certification programs shall be designed to ensure that each certification will be effective in all jurisdictions of the state.

     (7) When adopting rules under this chapter, the department shall consult with the state building code council to ensure coordination with the building and fire codes adopted under chapter 19.27 RCW.

[1998 c 155 § 2; 1989 c 346 § 3.]

Sunset Act application: See note following chapter digest.