Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1993 NO. 6 >

1.  Chapter 70.105 RCW requires local governments to adopt hazardous waste plans for the management of moderate-risk waste.  A local government can implement such plans through its board of health. 2.  A local health board can assess a fee against a sewer district for services the board performs in connection with the implementation of a local hazardous waste plan.  However, the fee must be no greater than the actual cost of providing the relevant services. 3.  The authority granted to the Department of Ecology to regulate hazardous waste does not preempt the authority of a local health board to adopt a local hazardous waste plan for the management of moderate-risk waste and to charge a fee in connection with the implementation of the plan.