RCW 43.21K.005 Purpose—1997 c 381. The purpose of chapter 381, Laws of 1997 is to create a voluntary program authorizing environmental excellence program agreements with persons regulated under the environmental laws of the state of Washington, and to direct agencies of the state of Washington to solicit and support the development of agreements that use […]
RCW 43.21K.010 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) “State, regional, or local agency” means an agency, board, department, authority, or commission that administers environmental laws. (2) “Coordinating agency” means the state, regional, or local agency with the primary regulatory responsibility for the proposed environmental […]
RCW 43.21K.020 Agreements—Environmental results. An environmental excellence program agreement entered into under this chapter must achieve more effective or efficient environmental results than the results that would be otherwise achieved. The basis for comparison shall be a reasonable estimate of the overall impact of the participating facility on the environment in the absence of an […]
RCW 43.21K.030 Authority for agreements—Restrictions. (1) The director of a state, regional, or local agency may enter into an environmental excellence program agreement with any sponsor, even if one or more of the terms of the environmental excellence program agreement would be inconsistent with an otherwise applicable legal requirement. An environmental excellence program agreement must […]
RCW 43.21K.040 Proposals for agreements. (1) A sponsor may propose an environmental excellence program agreement. A trade association or other authorized representative of a sponsor or sponsors may propose a programmatic environmental excellence program agreement for multiple facilities. (2) A sponsor must submit, at a minimum, the following information and other information that may be […]
RCW 43.21K.050 Stakeholder participation. (1) Stakeholder participation in and support for an environmental excellence program agreement is vital to the integrity of the environmental excellence program agreement and helps to inform the decision whether an environmental excellence program agreement can be approved. (2) A proposal for an environmental excellence program agreement shall include the sponsor’s […]
RCW 43.21K.060 Terms and conditions of agreements. An environmental excellence program agreement must contain the following terms and conditions: (1) An identification of all legal requirements that are superseded or replaced by the environmental excellence program agreement; (2) A description of all legal requirements that are enforceable as provided in RCW 43.21K.110(1) that are different […]
RCW 43.21K.070 Public comment—Notice—Responsiveness summary—Copy to federal agency. (1) The coordinating agency shall provide at least thirty days after notice has been published in a newspaper under subsection (2) of this section for public comment on a proposal to enter into or modify an environmental excellence program agreement. The coordinating agency may provide for an […]
RCW 43.21K.080 Effect of agreements on legal requirements and permits—Permit revisions—Programmatic agreements. (1) Notwithstanding any other provision of law, any legal requirement identified under RCW 43.21K.060(1) shall be superseded or replaced in accordance with the terms of the environmental excellence program agreement. Legal requirements contained in a permit that are affected by an environmental excellence […]
RCW 43.21K.090 Judicial review. (1) A decision by the directors of state, regional, or local agencies to approve a proposed environmental excellence program agreement, or to terminate or modify an approved environmental excellence program agreement, is subject to judicial review in superior court. For purposes of judicial review, the court may grant relief from the […]
RCW 43.21K.100 Continued effect of agreements and permits—Modification of affected permit or approval. After a termination under *section 11 of this act is final and no longer subject to judicial review, the sponsor has sixty days in which to apply for any permit or approval affected by any terminated portion of the environmental excellence program […]
RCW 43.21K.110 Enforceable and voluntary commitments—Enforcement actions. (1) The legal requirements contained in the environmental excellence program agreement in accordance with RCW 43.21K.060(2) are enforceable commitments of the facility covered by the agreement. Any violation of these legal requirements is subject to penalties and remedies to the same extent as the legal requirements that they […]
RCW 43.21K.120 Reduced fee schedule. An environmental excellence program agreement may contain a reduced fee schedule with respect to a program applicable to the covered facility or facilities. [ 1997 c 381 § 14.]
RCW 43.21K.130 Rule-making authority. Any state, regional, or local agency administering programs under an environmental law may adopt rules or ordinances to implement this chapter. However, it is not necessary that an agency adopt rules or ordinances in order to consider or enter into environmental excellence program agreements. [ 1997 c 381 § 16.]
RCW 43.21K.140 Advisory committee. The director of the department of ecology shall appoint an advisory committee to review the effectiveness of the environmental excellence program agreement program and to make a recommendation to the legislature concerning the continuation, termination, or modification of the program. The committee also may make recommendations it considers appropriate for revision […]
RCW 43.21K.150 Costs of processing proposals—Fees—Voluntary contributions. (1) Agencies authorized to enter into environmental excellence program agreements may assess and collect a fee to recover the costs of processing environmental excellence program agreement proposals. The amount of the fee may not exceed the direct and indirect costs of processing the environmental excellence program agreement proposal. […]
RCW 43.21K.160 Termination of authority to enter into agreements. The authority of a director to enter into a new environmental excellence program agreement program shall be terminated June 30, 2002. Environmental excellence program agreements entered into before June 30, 2002, shall remain in force and effect subject to the provisions of this chapter. [ 1997 […]
