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Just Short of a Rule: Washington State’s Recommendations on PFAS Cleanup Levels

The Washington State Department of Ecology (Ecology) recently released a focus sheet that provides Ecology’s recommended soil and groundwater cleanup levels for a group of chemical compounds known as per- and polyfluoroalkyl...more

7/21/2022  /  Contamination , MTCA , PFAS , Washington

Washington State Department of Ecology Unveils Expedited Voluntary Cleanup Program

In April 2019, the Washington legislature amended the Model Toxics Control Act (MTCA) to allow the Washington State Department of Ecology to create an expedited version of the existing Voluntary Cleanup Program (VCP). The VCP...more

Washington Pollution Control Hearings Board Rules Ecology Exceeded its Authority Under CWA, Invalidates NPDES Permit Condition

Washington state’s Pollution Control Hearings Board (PCHB) ruled on February 26 that the Washington Department of Ecology (Ecology) exceeded its Clean Water Act (CWA) authority by inserting a permit condition in the Aquatic...more

Washington State Legislature Increases Hazardous Substance Tax, Providing Additional Funds to Address Contaminated Sites

In the waning hours of the 2019 session, the Washington Legislature narrowly passed SB 5993, which increases the tax on petroleum that primarily funds the state’s contaminated site cleanup program, protects the funds from...more

Washington Supreme Court Narrows “Owner or Operator” Liability, Exempts DNR From Cleanup Law Liability

In a decision issued last month, the Washington Supreme Court narrowed “owner or operator” liability under the Model Toxics Control Act, RCW 70.105D (MTCA). In Pope Resources, LP v. Wash. Dept. of Natural Resources, the court...more

Potential Expansion of MTCA to More Owners/Operators of Contaminated Properties in Washington

The Washington State Court of Appeals recently held the Department of Natural Resources (DNR) liable as an operator or owner of a contaminated site under the Model Toxics Control Act, RCW 70.105D (MTCA), in Pope Resources, LP...more

Significant Changes to Washington State’s Voluntary Cleanup Program

The Washington State Department of Ecology (Ecology) recently rolled out significant changes to its Voluntary Cleanup Program (VCP). The VCP covers the largest number of cleanup sites in Washington and is a key part of many...more

Implications of New Lautenberg Act’s Sweeping Changes to Toxic Substances Control Act

President Obama signed HR 2576, the Frank Lautenberg Chemical Safety for the 21st Century Act (Lautenberg Act), into law on June 22, 2016. The Lautenberg Act makes significant changes to the Toxic Substances Control Act...more

Washington Legislature Passes Significant Changes To The Model Toxics Control Act

During the waning hours of the legislative session, the Washington State Legislature passed Substitute Senate Bill 5296 (SSB 5296) by large majorities and Governor Inslee signed the bill without changes. ...more

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