Model Toxics Control Act

We often use the terms site, hazardous site, cleanup site, and contaminated site interchangeably. A site is where we’ve confirmed one or more releases (or threatened release) of a hazardous or dangerous substance that needs to be cleaned up. There are more than 13,000 known or suspected contaminated sites in Washington. MTCA helps us address them.

1. Taxes. Voters authorized a tax on hazardous substances to help pay for cleanups.
2. Cost-recovery. We recover cleanup costs from potentially liable persons.
3. Penalties.  We collect or recover penalties under the MTCA law.
4. Other sources. The state Legislature may transfer other funding for cleanup work.

Revenues from these sources are deposited into three accounts: State Toxics Control Account, Local Toxics Control Account, and Environmental Stewardship Account. Collectively, these are called the MTCA accounts. Learn how we’re using these funds in our reports to the Legislature.

More than 7,000 contaminated sites in Washington have been cleaned up with MTCA funds and collection authority since it became law in 1989. That’s more than half of the state's 13,000+ cleanup sites. MTCA’s role is becoming even more essential because between 200 to 300 new sites are reported each year.

MTCA powers our work to investigate, clean up, and prevent hazardous waste. Cleanups protect people’s health by removing toxic chemicals from the environment, like arsenic from playground soil or methane gas from a solid waste landfill. Cleanups preserve wildlife habitat for future generations, spur new economic developments, and put abandoned properties back into use.

MTCA — and every person involved in a cleanup — make these transformations possible.

We developed regulations (called “rules”) to implement the Model Toxics Control Act. They set standards and requirements for contaminated site cleanups. Rules ensure that cleanups are protecting people’s health and environment. If you’re cleaning up a contaminated site in Washington, you’ll need to meet the requirements of:

• Model Toxics Control Act (MTCA) - Chapter 70.105D RCW (MTCA law)
• MTCA Cleanup Regulations - Chapter 173-340 WAC (MTCA rule, also known as the Cleanup Rule)
• Sediment Management Standards - Chapter 173-204-WAC (SMS rule)
• Remedial Action Grants and Loans – Chapter 173-322A WAC (RAG rule)

Dangerous waste cleanups and management also need to comply with Washington's hazardous waste management law and dangerous waste regulations.

We have policies and guidance to help you meet these requirements.
 

Toxics Cleanup Program has primary responsibility for implementing and enforcing the Model Toxics Control Act. The program develops rules and guidelines that govern cleanups. It manages the Remedial Action Grant program that funds cleanups by local governments. It also oversees or manages most cleanups in Washington.

Hazardous Waste and Toxics Reduction Program oversees cleanups of releases from hazardous waste treatment, storage, and disposal facilities that are regulated under the Hazardous Waste Management Act (Chapter 70.105 RCW). They also manage Dangerous Waste Permits.

Solid Waste Management Program oversees cleanups of releases from permitted landfills and large industrial facilities — such as pulp and paper mills, aluminum smelters, and petroleum refining — and distribution systems.

Nuclear Waste Program ensures that cleanup of contaminated sites on the Hanford Nuclear Reservation is consistent with state law.

Pollution Liability Insurance Agency provides technical assistance to people who independently clean up sites contaminated by petroleum from leaking heating oil tanks. This includes written opinions on sufficiency of cleanups based on MTCA standards. In 2017, the legislature authorized PLIA to expand its existing technical assistance program to include other petroleum storage tank sites we identify. (House Bill 1266).

TCP’s policies and guidance interpret the MTCA rule and provide best management practices for conducting successful cleanups.

MTCA legislative reports. Biennial Reports describe how we spent MTCA funds over the past two years. Ten-Year Financing Reports describe cleanup financing needs in the next ten years. Cleanup Settlement Account Reports describe how we’re using money from legal settlements and court orders for specific sites and restorations.

How the cleanup process works webpage summarizes MTCA’s cleanup steps, while the fact sheet Process for cleanup of hazardous waste sites provides more details.

Private right of action gives steps for persons intending to recover cleanup costs from other liable persons under MTCA.

Cleanup site search allows you to search the 12,500+ confirmed or suspected contaminated sites in Washington. The Hazardous Sites List is a subset of about 2,000 ranked sites with cleanups yet to be completed.

Site Register provides updates on MTCA policies and cleanup activities. Subscribe or download back issues.