Reporting Requirements for Contaminated Sites and Releases under MTCA
What is the Purpose of this Requirement?
The Model Toxics Control Act (MTCA) is a citizen-mandated hazardous waste cleanup law. Under the MTCA regulations, owners and operators must report to Ecology any release or threatened release of a hazardous substance on their site. A verbal or written report must be made within ninety days of discovery unless the release is from a regulated underground storage tank (typically gas stations), which must be reported within 24 hours. These notification requirements apply to both current and historical releases. Please note that releases to surface water or from permitted hazardous waste storage, treatment, or disposal facilities have more stringent reporting requirements. Refer to the "Reporting Requirement for a Spill or Release of a Hazardous Chemical" for reporting information on these types of releases.
Who issues this Requirement?
Department of Ecology
What Activities Require this Requirement?
In general, all activities that release hazardous substances to the environment must comply with the MTCA reporting requirement. However, the MTCA Cleanup Regulation (Chapter 173-340 WAC) includes several exemptions from the notification requirement (See WAC 173-340-300(2).
How Much Will this Requirement Cost?
There are no fees required when reporting a release of hazardous substances.
Do I Need to Include Anything with my Application?
The process for applying under the Voluntary Cleanup Program is described on Ecology's web site and the Voluntary Cleanup Program information in this handbook.
Is the Decision on my Requirement Dependent on Anything Besides the Information in my Application?
How Long Will it Take to Review my Application?Must report historical releases within 90 days but there is no deadline for cleanup unless Ecology establishes one. Releases from regulated underground storage tanks must be reported within 24 hours and cleanup must meet other deadlines specified in WAC 173-340-450. Ecology must conduct an initial investigation within 90 days of the release being reported.
Where do I Submit my Application?
For cleanups being conducted under an agreed order, consent decree, or enforcement order, the process will be specified in that legal document. For cleanups being conducted under Ecology's Voluntary Cleanup Program, see the "Voluntary Cleanup" link below.
How Long is my Requirement Valid?
What is the Appeal Process for the Requirement?
Not applicable. The MTCA statute and regulations do not provide an appeal process for reporting releases of hazardous substances.
Notes / Comments:There are no application forms for reporting releases of hazardous substances. Refer to the "Voluntary Cleanup Program" for information on the application process for reviews conducted under that program.
Releases should be reported by phone or written report to the appropriate Ecology regional office. Guidance for reporting releases can be found in the Toxics Cleanup Program's Policy 300.
Costs for oversight of cleanups under an order or decree are governed by the specific legal agreement (generally billed monthly).
Toxics Cleanup Program
300 Desmond Drive
PO Box 47600
Olympia, WA 98504-7600
Telephone: (360) 407-7170
Fax: (360) 407-7154
* Permit information last updated 12/17/2012.
Department of Ecology Environmental Permitting Project Questionnaire © ORA