Use of the Model Toxics Control Act.
(1) The department may require the owner/operator of a facility to fulfill his corrective action responsibilities under WAC
173-303-64620 using an enforceable action issued pursuant to the Model Toxics Control Act, as amended, (chapter
70.105D RCW) and its implementing regulations.
(2) Corrective action requirements imposed by the department in an action issued pursuant to the Model Toxics Control Act will be in compliance with the requirements of WAC
173-303-64620 and the requirements of chapter
173-303 WAC to the extent required by RCW
70.105D.030 (2)(d) and WAC
173-340-710.
(3) In the case of facilities seeking or required to have a permit under the provisions of this chapter the department will incorporate corrective action requirements imposed pursuant to the Model Toxics Control Act into permits at the time of permit issuance. Such incorporation will in no way affect the timing or scope of review of the Model Toxics Control Act action.
[Statutory Authority: Chapters
70.105, 70.105D, and
15.54 RCW and RCW
70.105.007. WSR 04-24-065 (Order 03-10), ยง 173-303-64630, filed 11/30/04, effective 1/1/05.]