§15.1 - Introduction

• Jurisdiction: Washington

§15.1 INTRODUCTION

Washingtons hazardous substance cleanup statute, the Model Toxics Control Act (MTCA), Chapter 70.105D RCW, adopted in 1991, includes provision for natural resource damages (NRD) claims. In addition, Washingtons Water Pollution Control Act, Chapter 90.48 RCW, and the Oil and Hazardous Substance Spill Prevention and Response Act, Chapter 90.56 RCW, include NRD claim provisions. Although the Washington State Department of Ecology (DOE) has authority to promulgate rules for quantifying and pursuing NRD claims, it has done so only under the oil spill regulations. See Chapter 173-183 WAC. Therefore, NRD claims for injury or loss of natural resources at non—oil spill sites in Washington are largely driven...