Washington Code 70A.214.040 – Waste reduction and hazardous substance use reduction consultation program
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(1) The office shall establish a waste reduction and hazardous substance use reduction consultation program to be coordinated with other state waste reduction and hazardous substance use reduction consultation programs.
Terms Used In Washington Code 70A.214.040
- Director: means the director of the department of ecology or the director's designee. See Washington Code 70A.214.020
- Hazardous substance: means any hazardous substance listed as a hazardous substance as of March 21, 1990, pursuant to section 313 of Title III of the Superfund Amendments and Reauthorization Act, any other substance determined by the director by rule to present a threat to human health or the environment, and all ozone depleting compounds as defined by the Montreal Protocol of October 1987. See Washington Code 70A.214.020
- Hazardous substance use reduction: includes proportionate changes in the usage of hazardous substances as the usage of a hazardous substance or hazardous substances changes as a result of production changes or other business changes. See Washington Code 70A.214.020
- Hazardous substance user: means any facility required to report under section 313 of Title III of the Superfund Amendments and Reauthorization Act, except for those facilities which only distribute or use fertilizers or pesticides intended for commercial agricultural applications. See Washington Code 70A.214.020
- Office: means the office of waste reduction. See Washington Code 70A.214.020
- Plan: means the plan provided for in RCW 70A. See Washington Code 70A.214.020
- Process: means all industrial, commercial, production, and other processes that result in the generation of waste. See Washington Code 70A.214.020
- Waste: means any solid waste as defined under RCW 70A. See Washington Code 70A.214.020
- Waste generator: means any individual, business, government agency, or any other organization that generates waste. See Washington Code 70A.214.020
- Waste reduction: means all in-plant practices that reduce, avoid, or eliminate the generation of wastes or the toxicity of wastes, prior to generation, without creating substantial new risks to human health or the environment. See Washington Code 70A.214.020
(2) The director may grant a request by any waste generator or hazardous substance user for advice and consultation on waste reduction and hazardous substance use reduction techniques and assistance in preparation or modification of a plan, executive summary, or annual progress report, or assistance in the implementation of a plan required by RCW 70A.214.110. Pursuant to a request from a facility such as a business, governmental entity, or other process site in the state, the director may visit the facility making the request for the purposes of observing hazardous substance use and the waste-generating process, obtaining information relevant to waste reduction and hazardous substance use reduction, rendering advice, and making recommendations. No such visit may be regarded as an inspection or investigation, and no notices or citations may be issued, or civil penalty be assessed, upon such a visit. A representative of the director providing advisory or consultative services under this section may not have any enforcement authority.
(3) Consultation and advice given under this section shall be limited to the matters specified in the request and shall include specific techniques of waste reduction and hazardous substance use reduction tailored to the relevant process. In granting any request for advisory or consultative services, the director may provide for an alternative means of affording consultation and advice other than on-site consultation.
(4) Any proprietary information obtained by the director while carrying out the duties required under this section shall remain confidential and shall not be publicized or become part of the database established under RCW 70A.214.060 without written permission of the requesting party.