Wash. Admin. Code § 173-322A-100 - Definitions
Unless otherwise defined in this chapter, words and phrases used in this chapter shall be defined according to WAC 173-340-200 and 173-204-505.
(1)
"Agreement signature date"
means, for the purposes of grant and loan agreements, the date the agreement
document is signed by the department.
(2)
"Applicant" means a local
government that applies for a grant or loan.
(3)
"Area-wide groundwater
contamination" means groundwater contamination on multiple adjacent
properties with different ownerships consisting of hazardous substances from
multiple sources that have resulted in commingled plumes of contaminated
groundwater that are not practicable to address separately.
(4)
"Average market rate" means
the average market rate for tax-exempt general obligation municipal bonds for
the month of June preceding the agreement signature date, as determined using
rates published by Bond Buyer.
(5)
"Biennium" means the
twenty-four-month fiscal period extending from July 1st of odd-numbered years
to June 30th of odd-numbered years.
(6)
"Brownfield property" means
previously developed and currently abandoned or underutilized real property and
adjacent surface waters and sediment where environmental, economic, or
community reuse objectives are hindered by the release or threatened release of
hazardous substances that the department has determined requires remedial
action under this chapter or that the United States Environmental Protection
Agency has determined requires remedial action under the federal cleanup
law.
(7)
"Budget"
means, for the purpose of grant and loan agreements, a breakdown of eligible
costs by task.
(9)
"Construction completion"
means physical construction of a cleanup action component is
complete.
(10)
"Coordinated
water system plan" means a plan for public water systems within a
critical water supply service area which identifies the present and future
water system concerns and sets forth a means for meeting those concerns in the
most efficient manner possible pursuant to chapter 246-293 WAC.
(11)
"Decree" or "consent
decree" means a consent decree issued under chapter 70.105D RCW or the
federal cleanup law.
(12)
"Department" means the department of ecology.
(13)
"Department share" means
the department's share of eligible costs.
(14)
"Director" means the
director of the department of ecology.
(15)
"Economically disadvantaged
county" means a county whose per capita income is equal to or below the
median per capita income of counties in Washington state, as determined on July
1st of each odd-numbered year using the latest official American Community
Survey five-year estimates of the U.S. Department of Commerce.
(16)
"Economically disadvantaged city
or town" means a city or town whose per capita income is equal to or
below the median per capita income of cities and towns in Washington state, as
determined on July 1st of each odd-numbered year using the latest official
American Community Survey five-year estimates of the U.S. Department of
Commerce.
(17)
"Eligible
cost" means a project cost that is eligible for funding under this
chapter and the terms of the grant or loan agreement.
(18)
"Extended grant agreement"
means a grant agreement entered into under
RCW
70.105D.070(4)(e)(i).
(20)
"Federal cleanup law" means
the Comprehensive Environmental Response, Compensation, and Liability Act of
1980, as amended by the Superfund Amendments and Reauthorization Act of 1986,
42 U.S.C.
9601 et seq.
(21)
"Grant agreement" means a
binding agreement between the local government and the department that
authorizes the disbursement of funds to the local government to reimburse it
for a portion of expenditures in support of a specified scope of
services.
(22)
"Hazardous
substances" means any hazardous substance as defined in WAC
173-340-200.
(23)
"Hazardous waste site"
means any facility where there has been confirmation of a release or threatened
release of a hazardous substance that requires remedial action.
(24)
"Highly impacted community"
means a community that the department has determined is likely to bear a
disproportionate burden of public health risks from environmental
pollution.
(25)
"Independent
remedial actions" means remedial actions conducted without department
oversight or approval and not under an order or consent decree.
(26)
"Initial investigation"
means a remedial action that consists of an investigation under WAC
173-340-310.
(27)
"In-kind contributions"
means property or services that benefit a project and are contributed to the
recipient by a third party without direct monetary compensation. In-kind
contributions include interlocal costs, donated or loaned real or personal
property, volunteer services, and employee services donated by a third
party.
(28)
"Innovative
technology" means new technologies that have been demonstrated to be
technically feasible under certain site conditions, but have not been widely
used under the conditions that exist at the hazardous waste site. Innovative
technology has limited performance and cost data available.
(29)
"Interim action" means a
remedial action conducted under WAC
173-340-430.
(30)
"Loan agreement" means a
binding agreement between the local government and the department that
authorizes the disbursement of funds to the local government that must be
repaid. The loan agreement includes terms such as interest rates and repayment
schedule, scope of work, performance schedule, and project budget.
(31)
"Local government" means
any political subdivision of the state, including a town, city, county, special
purpose district, or other municipal corporation, including brownfield renewal
authority created under RCW 70.105D.-160.
(32)
"No further action
determination" or "NFA determination" means a written
opinion issued by the department under WAC
173-340-515(5)
that the independent remedial actions performed at a hazardous waste site or
property meet the substantive requirements of chapter 173-340 WAC and that no
further remedial action is required at the hazardous waste site or property.
The opinion is advisory only and not binding on the department.
(33)
"Order" means an order
issued under chapter 70.105D RCW, including enforcement orders issued under WAC
173-340-540 and agreed orders
issued under WAC
173-340-530, or an order issued
under the federal cleanup law, including unilateral administrative orders (UAO)
and administrative orders on consent (AOC).
(34)
"Oversight remedial
actions" means remedial actions conducted under an order or
decree.
(35)
"Partial
funding" means funding less than the maximum department share allowed
under this chapter.
(36)
"Potentially liable person" or "PLP" means any person
whom the department finds, based on credible evidence, to be liable under
RCW
70.105D.040.
(37)
"Potentially responsible
party" or "PRP" means "covered persons" as defined under
section 9607(a)(1) through (4) of the federal cleanup law (42 U.S.C. Sec.
9607(a)).
(38)
"Property" means, for the
purposes of independent remedial action grants, the parcel or parcels of real
property affected by a hazardous waste site and addressed as part of the
independent remedial action.
(39)
"Prospective purchaser" means a person who is not currently liable
for remedial action at a facility and who proposes to purchase, redevelop, or
reuse the facility.
(40)
"Public water system" means a Group A water system as defined in
WAC 246-290-020.
(41)
"Purveyor" means an agency
or subdivision of the state or a municipal corporation, firm, company, mutual
or cooperative association, institution, partnership, or person or any other
entity that owns or operates a public water system, or the authorized agent of
such entities.
(42)
"Recipient" means a local government that has been approved to
receive a grant or loan.
(43)
"Recipient share" or "match" means the recipient's
share of eligible costs.
(44)
"Redevelopment opportunity zone" means a geographic area
designated under
RCW
70.105D.150.
(45)
"Remedial action" means any
action or expenditure consistent with the purposes of chapter 70.105D RCW to
identify, eliminate, or minimize any threat posed by hazardous substances to
human health or the environment including any investigative and monitoring
activities with respect to any release or threatened release of a hazardous
substance and any health assessments or health effects studies conducted in
order to determine the risk or potential risk to human health.
(47)
"Retroactive costs" means
costs incurred before the agreement signature date.
(48)
"Safe drinking water" means
water meeting drinking water quality standards set by chapter 246-290
WAC.
(49)
"Scope of
work" means the tasks and deliverables of the grant or loan
agreement.
(50)
"Site"
means any building, structure, installation, equipment, pipe or pipeline
(including any pipe into a sewer or publicly owned treatment works), well, pit,
pond, lagoon, impoundment, ditch, landfill, storage container, motor vehicle,
rolling stock, vessel, or aircraft; or any site or area where a hazardous
substance, other than a legal consumer product in consumer use, has been
deposited, stored, disposed of, or placed, or otherwise come to be
located.
(51)
"Site hazard
assessment" means a remedial action that consists of an investigation
performed under WAC
173-340-320.
(52)
"Voluntary cleanup program"
means the program authorized under
RCW
70.105D.030(1)(i) and WAC
173-340-515.
Notes
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