Revised Code of Washington

Wash. Rev. Code § 43.21B.010 (2026)

✓ current as of May 2026
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There is hereby created within the environmental and land use hearings office a pollution control hearings board of the state of Washington.
The purpose of the pollution control hearings board is to provide for a more expeditious and efficient disposition of designated environmental appeals as provided for in RCW 43.21B.110.
[ 2010 c 210 s 6; (2010 c 210 s 5 expired July 1, 2011); 1979 ex.s. c 47 s 3; 1970 ex.s. c 62 s 31.]

Notes:

IntentEffective datesApplicationPending cases and rules2010 c 210: See notes following RCW 43.21B.001.
Expiration dates2010 c 210 ss 3, 5, and 7: See note following RCW 43.21B.110.
Intent1979 ex.s. c 47: See note following RCW 43.21B.005.
Notes of Decisions
Cited in 12 cases (1 in the last 5 years), 1974–2024 · leading case: Asarco Inc. v. Air Quality Coalition, 601 P.2d 501 (Wash. 1979).
Asarco Inc. v. Air Quality Coalition, 601 P.2d 501 (Wash. 1979). · cites it 8× “) RCW 43.21B.010. RCW 43.21B.110 provides for the manner in which appeals before the PCHB shall be carried out so as to effectuate the purpose reflected by RCW 43.”
Port of Seattle v. Pollution Control Hearings Bd., 90 P.3d 659 (Wash. 2004). “2d 247 (1974); RCW 43.21B.010. Rule making, interpretive, and enforcement functions remain with Ecology, the agency “charged with administration” of water quality statutes and rules.”
Airport Communities Coalition v. Graves, 280 F. Supp. 2d 1207 (W.D. Wash. 2003). “” RCW 43.21B.010. 6 . A state may elect to deny certification, in which case no federal permit may issue.”
Sheep Mountain Cattle Co. v. Dep't of Ecology, 726 P.2d 55 (Wash. Ct. App. 1986). “) RCW 43.21B.010. RCW 43.21B.120 specifically prohibits DOE from conducting hearings "on the issuance, modification, or termination of any permit or license .”
Skokomish Indian Tribe v. Fitzsimmons, 982 P.2d 1179 (Wash. Ct. App. 1999). “RCW 43.21B.010 (“The purpose of the pollution control hearings board is to provide for a more expeditious and ef *96 ficient disposition of appeals with respect to the decisions and orders of the department and director .”
State Ex Rel. Martin Marietta Aluminum, Inc. v. Woodward, 525 P.2d 247 (Wash. 1974). “RCW 43.21B.010. The act provides for two types of hearings on appeals before the Board, informal and formal, but does not clearly delineate the distinction between them.”
Port of Seattle v. PCHB, 90 P.3d 659 (Wash. 2004). “2d 247 (1974); RCW 43.21B.010. Rule making, interpretive, and enforcement functions remain with Ecology, the agency "charged with administration" of water quality statutes and rules.”
Am. Waterways Operators, Resp v. Pollution Control Hearings Bd.,et Al, App, 435 P.3d 856 (Wash. Ct. App. 2019). · cites it 2× “RCW 43.21B.010; Port of Seattle, 151 Wn.2d at 592 .”
Puget Sound Air Pollution Control Agency v. Fields Prods., Inc., 841 P.2d 1297 (Wash. Ct. App. 1992). “See RCW 43.21B.010 (purpose of Pollution Control Hearings Board) and RCW 43.”
Watershed Def. Fund v. Riveland, 959 P.2d 130 (Wash. Ct. App. 1998). “RCW 43.21B.010. Its “primary function is to use its environmental expertise expeditiously and uniformly to resolve pollution control controversies.”
Crown Resources, Corp. v. Dep't of Ecology (Wash. Ct. App. 2019). “Dep’t of Ecology construe the APA to provide that in the case of all other permits and licenses, limitations in a newly limited permit or license would be suspended for the short period of time within which to obtain judicial review, but limitations in a newly limited permit…”
Puget Soundkeeper All., V. State Of Wa Pollution Control Hearings (Wash. Ct. App. 2024). “In the 1970s, the legislature removed certain adjudicatory functions from Ecology and gave them to the PCHB.”
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