Revised Code of Washington

Wash. Rev. Code § 43.21B.110 (2026)

Pollution control hearings board jurisdiction

✓ current as of May 2026

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(1) The hearings board shall only have jurisdiction to hear and decide appeals from the following decisions of the department, the director, local conservation districts, the air pollution control boards or authorities as established pursuant to chapter 70A.15 RCW, local health departments, the department of natural resources, the department of fish and wildlife, the parks and recreation commission, and authorized public entities described in chapter 79.100 RCW:

(a) Civil penalties imposed pursuant to chapter 70A.230 RCW and RCW 18.104.155, 70A.15.3160, 70A.300.090, 70A.20.050, 70A.205.740, 70A.205.280, 70A.205.545, 70A.355.070, 70A.430.070, 70A.500.260, * 70A.505.100, * 70A.505.110, 70A.530.040, 70A.350.070, 70A.515.060, 70A.245.040, 70A.245.050, 70A.245.070, 70A.245.080, 70A.245.130, 70A.245.140, 70A.65.200, 70A.455.090, 70A.535.180, 70A.550.030, 70A.555.110, 70A.560.020, 70A.208.230, 70A.565.030, 76.04.205, 76.09.170, 77.55.440, 78.44.250, 88.46.090, 90.03.600, 90.46.270, 90.48.144, 90.56.310, 90.56.330, and 90.64.102.

(b) Orders issued pursuant to RCW 18.104.043, 18.104.060, 18.104.130, 43.27A.190, 70A.15.2520, 70A.15.3010, 70A.15.4530, 70A.15.6010, 70A.205.740, 70A.205.280, 70A.214.140, 70A.300.120, 70A.350.070, 70A.245.020, 70A.65.200, 70A.535.180, * 70A.505.100, 70A.555.110, 70A.560.020, 70A.208.230, 70A.565.030, 86.16.020, 88.46.070, 90.03.665, 90.14.130, 90.46.250, 90.48.120, 90.48.240, 90.56.330, and 90.64.040.

(c) Except as provided in RCW 90.03.210(2), the issuance, modification, or termination of any permit, certificate, or license by the department or any air authority in the exercise of its jurisdiction, including the issuance or termination of a waste disposal permit, the denial of an application for a waste disposal permit, the modification of the conditions or the terms of a waste disposal permit, a decision to approve or deny a solid waste management plan under RCW 70A.205.055, approval or denial of an application for a beneficial use determination under RCW 70A.205.260, an application for a change under RCW 90.03.383, or a permit to distribute reclaimed water under RCW 90.46.220.

(d) Decisions of local health departments regarding the granting or denial of solid waste permits pursuant to chapter 70A.205 RCW, including appeals by the department as provided in RCW 70A.205.130.

(e) Decisions of local health departments regarding the issuance and enforcement of permits to use or dispose of biosolids under RCW 70A.226.090.

(f) Decisions of the department regarding waste-derived fertilizer or micronutrient fertilizer under RCW 15.54.820.

(g) Decisions of local conservation districts related to the denial of approval or denial of certification of a dairy nutrient management plan; conditions contained in a plan; application of any dairy nutrient management practices, standards, methods, and technologies to a particular dairy farm; and failure to adhere to the plan review and approval timelines in RCW 90.64.026 as provided in RCW 90.64.028.

(h) Any other decision by the department or an air authority which pursuant to law must be decided as an adjudicative proceeding under chapter 34.05 RCW.

(i) Decisions of the department of natural resources, the department of fish and wildlife, and the department that are reviewable under chapter 76.09 RCW, and the department of natural resources' appeals of county, city, or town objections under RCW 76.09.050(7).

(j) Forest health hazard orders issued by the commissioner of public lands under RCW 76.06.180.

(k) Decisions of the department of fish and wildlife to issue, deny, condition, or modify a hydraulic project approval permit under chapter 77.55 RCW, to issue a stop work order, to issue a notice to comply, to issue a civil penalty, or to issue a notice of intent to disapprove applications.

(l) Decisions of the department of natural resources that are reviewable under RCW 78.44.270.

(m) Decisions of an authorized public entity under RCW 79.100.010 to take temporary possession or custody of a vessel or to contest the amount of reimbursement owed that are reviewable by the hearings board under RCW 79.100.120.

(n) Decisions of the department of ecology that are appealable under RCW 70A.245.020 to set recycled minimum postconsumer content for products or to temporarily exclude types of products in plastic containers from minimum postconsumer recycled content requirements.

(o) Orders by the department of ecology under RCW 70A.455.080.

(p) Decisions by the department of ecology under RCW 70A.208.150(5) regarding a proposal by a producer responsibility organization to count materials sent to an alternative recycling facility towards recycling performance targets.

(q) Decisions of the department of natural resources under RCW 76.04.205.

(2) The following hearings shall not be conducted by the hearings board:

(a) Hearings required by law to be conducted by the shorelines hearings board pursuant to chapter 90.58 RCW, except where appeals to the pollution control hearings board and appeals to the shorelines hearings board have been consolidated pursuant to RCW 43.21B.340.

(b) Hearings conducted by the department pursuant to RCW 70A.15.3010, 70A.15.3070, 70A.15.3080, 70A.15.3090, 70A.15.3100, 70A.15.3110, and 90.44.180.

(d) Hearings conducted by the department to adopt, modify, or repeal rules.

(3) Review of rules and regulations adopted by the hearings board shall be subject to review in accordance with the provisions of the administrative procedure act, chapter 34.05 RCW.

[ 2025 c 327 s 1; 2025 c 319 s 6; 2025 c 316 s 301; 2025 c 314 s 13; 2025 c 311 s 7; 2025 c 58 s 1008. Prior: 2024 c 347 s 5; 2024 c 340 s 4; 2024 c 339 s 16; prior: 2023 c 455 s 5; 2023 c 434 s 20; 2023 c 344 s 5; 2023 c 135 s 6; 2022 c 180 s 812; prior: 2021 c 316 s 41; 2021 c 313 s 16; prior: 2020 c 138 s 11; (2020 c 138 s 10 expired June 30, 2021); 2020 c 20 s 1035; (2020 c 20 s 1034 expired June 30, 2021); prior: 2019 c 344 s 16; 2019 c 292 s 10; 2019 c 290 s 12; 2013 c 291 s 34; (2013 c 291 s 33 expired June 30, 2019); prior: 2010 c 210 s 8; (2010 c 210 s 7 expired June 30, 2019); 2010 c 84 s 3; (2010 c 84 s 2 expired June 30, 2019); prior: 2009 c 456 s 16; 2009 c 332 s 18; (2009 c 183 s 17 expired June 30, 2021); 2003 c 393 s 19; 2001 c 220 s 2; prior: 1998 c 262 s 18; 1998 c 156 s 8; 1998 c 36 s 22; 1993 c 387 s 22; prior: 1992 c 174 s 13; 1992 c 73 s 1; 1989 c 175 s 102; 1987 c 109 s 10; 1970 ex.s. c 62 s 41.]

Notes:

Reviser's note: *(1) RCW 70A.505.100 and 70A.505.110 were repealed by 2024 c 339 s 22, effective January 1, 2035.

(2) This section was amended by 2025 c 58 s 1008, 2025 c 311 s 7, 2025 c 314 s 13, 2025 c 316 s 301, 2025 c 319 s 6, and by 2025 c 327 s 1, without reference to one another. All amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).

Findings—Intent—2025 c 314: See note following RCW 70A.207.050.

Explanatory note—2025 c 58: See note following RCW 1.16.050.

Finding—Intent—2024 c 339: See note following RCW 70A.505.010.

Finding—Intent—2023 c 135: See note following RCW 19.27.590.

Findings—Intent—Scope of authority of chapter 180, Laws of 2022—2022 c 180: See notes following RCW 70A.205.007.

Short title—2021 c 316: See RCW 70A.65.900.

Finding—Intent—2021 c 313: See note following RCW 70A.245.010.

Effective date—2020 c 138 s 11: "Section 11 of this act takes effect June 30, 2021." [ 2020 c 138 s 15.]

Expiration date—2020 c 138 s 10: "Section 10 of this act expires June 30, 2021." [ 2020 c 138 s 14.]

Application of RCW 82.32.805 and 82.32.808—2020 c 138: See note following RCW 70A.530.005.

Effective date—2020 c 20 s 1035: "Section 1035 of this act takes effect June 30, 2021." [ 2020 c 20 s 106.]

Expiration date—2020 c 20 s 1034: "Section 1034 of this act expires June 30, 2021." [ 2020 c 20 s 105.]

Short title—2019 c 292: See RCW 70A.350.900.

Finding—Intent—2019 c 290: See note following RCW 77.12.085.

Effective date—2013 c 291 s 34: "Section 34 of this act takes effect June 30, 2019." [ 2013 c 291 s 47.]

Expiration date—2013 c 291 s 33: "Section 33 of this act expires June 30, 2019." [ 2013 c 291 s 46.]

Expiration dates—2010 c 210 ss 3, 5, and 7: "(1) Sections 3 and 5 of this act expire July 1, 2011.

(2) Section 7 of this act expires June 30, 2019." [ 2010 c 210 s 45.]

Intent—Effective dates—Application—Pending cases and rules—2010 c 210: See notes following RCW 43.21B.001.

Effective date—2010 c 84 s 3: "Section 3 of this act takes effect June 30, 2019." [ 2010 c 84 s 6.]

Expiration date—2010 c 84 s 2: "Section 2 of this act expires June 30, 2019." [ 2010 c 84 s 5.]

Application—2009 c 332: See note following RCW 90.03.110.

Expiration date—2019 c 78; 2009 c 183: See note following RCW 90.03.380.

Intent—2001 c 220: "The legislature intends to assure that appeals of department of ecology decisions regarding changes or transfers of water rights that are the subject of an ongoing general adjudication of water rights are governed by an appeals process that is efficient and eliminates unnecessary duplication, while fully preserving the rights of all affected parties. The legislature intends to address only the judicial review process for certain decisions of the pollution control hearings board when a general adjudication is being actively litigated. The legislature intends to fully preserve the role of the pollution control hearings board, except as specifically provided in this act." [ 2001 c 220 s 1.]

Construction—2001 c 220: "Nothing in this act shall be construed to affect or modify any treaty or other federal rights of an Indian tribe, or the rights of any federal agency or other person or entity arising under federal law. Nothing in this act is intended or shall be construed as affecting or modifying any existing right of a federally recognized Indian tribe to protect from impairment its federally reserved water rights in federal court." [ 2001 c 220 s 6.]

Effective date—2001 c 220: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 9, 2001]." [ 2001 c 220 s 7.]

Effective date—1998 c 262: See RCW 90.64.900.

Intent—1998 c 36: See RCW 15.54.265.

Short title—1998 c 36: See note following RCW 15.54.265.

Effective date—1993 c 387: See RCW 18.104.930.

Effective dates—1992 c 73: See RCW 82.23B.902.

Effective date—1989 c 175: See note following RCW 34.05.010.

Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.

Order for compliance with oil spill contingency or prevention plan not subject to review by pollution control hearings board: RCW 90.56.270.

Notes of Decisions

Cited in 33 cases (4 in the last 5 years), 1974–2025 · leading case: Asarco Inc. v. Air Quality Coalition, 601 P.2d 501 (Wash. 1979).

Sort: Relevance Newest Treatment

Asarco Inc. v. Air Quality Coalition, 601 P.2d 501 (Wash. 1979). · cites it 10× “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.”

Rettkowski v. Dep't of Ecology, 858 P.2d 232 (Wash. 1993). · cites it 5× “RCW 43.21B.110(1)(b), (c). This bootstrap argument is unpersuasive.”

Dioxin/Organochlorine Ctr. v. Dep't of Ecology, 837 P.2d 1007 (Wash. 1992). · cites it 5× “Gregoire, and Department of Ecology (Respondents) filed a cross motion to dismiss, alleging, among other things, that the superior court lacked jurisdiction over the action because the case involves factual issues which, under RCW 43.21B.110, fall within the primary jurisdiction…”

Port of Seattle v. Pollution Control Hearings Bd., 90 P.3d 659 (Wash. 2004). “The challenger bears the burden of proving to the PCHB, by a preponderance of the evidence, that Ecology’s § 401 certification does not provide reasonable assurance that state water quality standards will be met.”

Motley-Motley, Inc. v. State, 110 P.3d 812 (Wash. Ct. App. 2005). · cites it 2× “RCW 43.21B.110. To that end, the legislature granted PCHB the express authority to hear and decide appeals from DOE.”

Motley-Motley, Inc. v. Pollution Control Hearings Bd., 127 Wash. App. 62 (Wash. Ct. App. 2005). · cites it 2× “RCW 43.21B.110. To that end, the legislature granted PCHB the express authority to hear and decide appeals from DOE.”

City of Seattle v. Dep't of Ecology, 683 P.2d 244 (Wash. Ct. App. 1984). · cites it 7× “RCW 43.21B.110, the introductory or -basic jurisdictional statute for the PCHB states in part that: The hearings board shall only have jurisdiction to hear and decide appeals from the decisions of the department and the director .”

Pub. Util. DIST. v. State, Dept. of Ecology, 51 P.3d 744 (Wash. 2002). “Although the District has suggested constitutional infirmities in the § 401 certification, the Board has no jurisdiction over such issues, see RCW 43.21B.110; see also Inland Foundry Co.”

Pub. Util. Dist. No. 1 v. Dep't of Ecology, 146 Wash. 2d 778 (Wash. 2002). “Although the District has suggested constitutional infirmities in the § 401 certification, the Board has no jurisdiction over such issues, see RCW 43.21B.110; see also Inland Foundry Co.”

Inland Foundry Co. v. Spokane Cnty. Air Pollution Control Auth., 989 P.2d 102 (Wash. Ct. App. 1999). · cites it 2× “RCW 43.21B.110 defines the PCHB’s subject matter jurisdiction.”

Lummi Indian Nation v. State, 241 P.3d 1220 (Wash. 2010). “After Theodoratus, the legislature directed that water rights claimants file a petition with the Department of Ecology that could be referred directly to the superior court or proceed under the Administrative Procedure Act.”

Dioxin/Organochlorine Ctr. v. POLLUTION CONTROL, 932 P.2d 158 (Wash. 1997). “jurisdiction for such appeals lies with the PCHB under RCW 43.21B.110(1)(c). Appeal to the PCHB is the exclusive means for challenging issuance of permits.”

Show all 33 citing cases →

— Wash. Rev. Code § 43.21B.110(1) — 5 cases

Dioxin/Organochlorine Ctr. v. Dep't of Ecology, 837 P.2d 1007 (Wash. 1992). “Gregoire, and Department of Ecology (Respondents) filed a cross motion to dismiss, alleging, among other things, that the superior court lacked jurisdiction over the action because the case involves factual issues which, under RCW 43.21B.110, fall within the primary jurisdiction…”

Mike Hamilton, V Pollution Control Hrgs Bd, 426 P.3d 281 (Wash. Ct. App. 2018).

Am. Waterways Operators, Resp v. Pollution Control Hearings Bd.,et Al, App, 435 P.3d 856 (Wash. Ct. App. 2019).

Peter (phuc) Phan, Resp v. Pollution Control Hearings Bd. & The City Of Kirkland, App (Wash. Ct. App. 2020).

Port of Seattle v. Wang (W.D. Wash. 2025).

— Wash. Rev. Code § 43.21B.110(1)(b) — 1 case

Rettkowski v. Dep't of Ecology, 858 P.2d 232 (Wash. 1993). “RCW 43.21B.110(1)(b), (c). This bootstrap argument is unpersuasive.”

— Wash. Rev. Code § 43.21B.110(1)(c) — 4 cases

Port of Seattle v. PCHB, 90 P.3d 659 (Wash. 2004).

Nw. Pulp & Paper Assoc. V. Dep't Of Ecology (Wash. Ct. App. 2021).

— Wash. Rev. Code § 43.21B.110(1)(d) — 2 cases

Mike Hamilton, V Pollution Control Hrgs Bd, 426 P.3d 281 (Wash. Ct. App. 2018).

Am. Waterways Operators, Resp v. Pollution Control Hearings Bd.,et Al, App, 435 P.3d 856 (Wash. Ct. App. 2019).

— Wash. Rev. Code § 43.21B.110(1)(h) — 1 case

Inland Foundry Co. v. Spokane Cnty. Air Pollution Control Auth., 989 P.2d 102 (Wash. Ct. App. 1999). “RCW 43.21B.110 defines the PCHB’s subject matter jurisdiction.”

— Wash. Rev. Code § 43.21B.110(1)(j) — 1 case

Simon's Way Dev., Inc v. Clark Cnty. (Wash. Ct. App. 2021).

— Wash. Rev. Code § 43.21B.110(1)(m) — 1 case

Port of Seattle v. Wang (W.D. Wash. 2025).

— Wash. Rev. Code § 43.21B.110(1)(n) — 1 case

Peter (phuc) Phan, Resp v. Pollution Control Hearings Bd. & The City Of Kirkland, App (Wash. Ct. App. 2020).

— Wash. Rev. Code § 43.21B.110(2)(c) — 1 case

Rettkowski v. Dep't of Ecology, 858 P.2d 232 (Wash. 1993). “RCW 43.21B.110(1)(b), (c). This bootstrap argument is unpersuasive.”

— Wash. Rev. Code § 43.21B.110(a) — 1 case

Nw. Pulp & Paper Assoc. V. Dep't Of Ecology (Wash. Ct. App. 2021).

— Wash. Rev. Code § 43.21B.110(c) — 2 cases

Skokomish Indian Tribe v. Fitzsimmons, 982 P.2d 1179 (Wash. Ct. App. 1999).

Watershed Def. Fund v. Riveland, 959 P.2d 130 (Wash. Ct. App. 1998).

— Wash. Rev. Code § 43.21B.110(l)(b) — 3 cases

Clark Cnty. v. Rosemere Neighborhood Ass'n, 290 P.3d 142 (Wash. Ct. App. 2012).

Klineburger v. King Cnty., 356 P.3d 223 (Wash. Ct. App. 2015).

Crown Resources, Corp. v. Dep't of Ecology (Wash. Ct. App. 2019).

— Wash. Rev. Code § 43.21B.110(l)(c) — 2 cases

Ctr. v. Pollution Control Hearings Bd., 131 Wash. 2d 345 (Wash. 1997).

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