In 2013, the Washington Legislature passed SSB 5296, which amended the Model Toxics Control Act in a number of ways. One of those amendments directed Ecology to adopt “model remedies,” defined as “a set of technologies, procedures, and monitoring protocols identified by [Ecology] for use in routine types of clean-up projects at facilities that have common features and lower risk to human health and the environment.” The intent behind this amendment to MTCA was to streamline and accelerate the selection of remedies at “routine” sites. In theory, the use of a model remedy at such sites would allow a party performing a cleanup to avoid preparation of a feasibility study for the site, which could result in lower costs and faster time frames in remediating some sites (if you are interested, the selection process is outlined at WAC 173-340-360). In addition SSB 5296 authorized Ecology to waive its collection of costs associated with providing opinions on model remedy sites, which could result in a modest cost saving for parties performing cleanups by enrolling in the Voluntary Cleanup Program.

Ecology was given a November 1, 2016 deadline to submit a report to the governor and “appropriate legislative committees” on the status of the development of model remedies, including the number and types of model remedies that Ecology has identified, the number of remedies proposed by “qualified individuals,” and the reasons why Ecology accepted or rejected those proposals. Also, perhaps in an overly ambitious way, SSB 5296 directs Ecology to report on the success of model remedies in accelerating cleanups, in terms of jobs created, acres of land restored, and the number of sites successfully remediated.
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Note from Doug Steding:

This post arose out of a meeting over coffee with James Peale and Jackie Gruber, where we discussed Ecology’s recent Remedial Action Grant rulemaking. James and Jackie highlighted Maul Foster & Alongi, Inc.’s deep experience representing public entities in the pursuit of Remedial Action Grant money. Michael Stringer at

Ash Grove Cement, the owners of a cement manufacturing facility located at the mouth of the Duwamish River immediately south of the West Seattle Bridge, filed suit against Lone Star Industries on Friday in the Western District of Washington, seeking cost recovery and contribution under CERCLA, MTCA and also asserting various related common law claims.

Right at the end of the last legislative session, the State Legislature passed Substitute Senate Bill 5296, amending Washington’s Model Toxics Control Act, RCW Chapter 70.105D. These amendments are the first significant amendments to MTCA in a while, and hopefully will encourage redevelopment of brownfields in Washington State.

Here are what I’d consider the