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.

Ecology conducts an initial investigation of all reported sites and, if appropriate, the site will be placed on Ecology's "confirmed and suspected sites list" with a notation that further remedial action is needed.

The MTCA regulations also allow for site owners or other responsible persons to clean up a site themselves, without Ecology's oversight or approval. These "independent" cleanups must be reported to Ecology. Owners of sites undergoing independent remedial actions may receive feedback from Ecology by requesting an informal opinion through Ecology's Voluntary Cleanup Program (VCP). Under this voluntary program, the property owner submits a cleanup report with a fee to cover Ecology's review costs. Based on this review, Ecology either issues a "No Further Action" letter or identifies what additional work is needed. Refer to the "Voluntary Cleanup Program" for further information on Ecology's review procedures.

Persons wanting a more formal approval of the cleanup from Ecology can request an agreed order or consent decree. Ecology can also initiate negotiations on an agreed order or consent decree. Where insufficient progress on cleanup has been made, Ecology may issue an enforcement order. Under these options, Ecology oversees in detail activities such as site investigations, public involvement, cleanup, and monitoring.

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).

If a person decides to investigate or clean up a site, they must comply with the site testing and cleanup actions requirements in the MTCA Cleanup Regulation.

No permit is required under MTCA to investigate or cleanup a site. However, people may need to obtain other state or local permits for these activities.

How Much Will this Requirement Cost?

There are no fees required when reporting a release of hazardous substances.

People may seek additional Ecology review after reporting a hazardous substance release. Additional reviews are often conducted under Ecology's Voluntary Cleanup Program (VCP) and require a refundable $500.00 deposit. Actual costs are billed against the deposit at an hourly rate of $50.00 to $100.00 depending on the type of expertise required for the site. Once the deposit has been used up, costs in excess of the deposit are billed monthly.

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?

Not applicable.

How Long Will it Take to Review my Application?

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?

Not applicable.

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.

Based on the information reported to Ecology, the Toxics Cleanup Program (TCP) may determine that may determine that one or more people are responsible for cleaning up the hazardous substance. TCP notifies people of these determinations by sending them a status letter that describes the bases for the Ecology's determination. Persons receiving status letters may submit comments within 30 days from the date the status letter is received.

Notes / Comments:

Legal Authority:

• Chapter 173-340 WAC
• Chapter 70.105D RCW

Links:

• Department of Ecology's Spill Program
• How to Report a Spill
• Toxics Cleanup Program's Policy 300
• Voluntary Cleanup Program

Statewide Contact:

* Permit information last updated 12/17/2012.