Wash. Admin. Code § 118-03-230

Current through Register Vol. 24-23, December 1, 2024
Section 118-03-230 - Conditions for entry - Employees, contractors, and agents of individual(s) or government entity(s) issued industrial permits

When the restricted zone is expanded by governor's executive order to include lands outside of USFS lands and the Mt. St. Helens National Volcanic Monument, the following shall apply.

(1) Individual(s) or governmental entity(s) issued a permit under WAC 118-03-050, 118-03-110, and 118-03-270 shall:
(a) Have a method to identify the location(s) of each authorized employee, agent and contractor who is within the restricted zone for the permittee's business.
(b) Inform each authorized employee, agent and contractor of predesignated escape routes.
(c) Monitor the local sheriff's department or other governmental agency radio frequency which is established for transmitting emergency messages related to Mt. St. Helens.
(d) Maintain a daily check-in and check-out procedure for all authorized employee(s), agent(s) and contractor(s) who are within the restricted zone under the permittee's business.
(e) Issue an identification card, tag or other form of identification approved by the director of DEM or his designee to each authorized employee, agent and contractor who is within the restricted zone for the permittee's business.
(f) Provide the foreman of each work crew, or one member of each group working together with a two-way radio and require them to make regular contact with a central dispatcher.
(g) Inform each employee, agent and contractor authorized to enter the restricted zone for permittee's business that they must be able to leave the restricted zone within one hour.
(h) Make every reasonable effort to ensure compliance from their authorized employee(s), agent(s), and contractor(s) according to WAC 118-03-070, 118-03-230, and all other applicable safety regulations and procedures.
(2) Individual(s) other than government entity(s) shall indemnify the United States, the state of Washington, all political subdivisions thereof and their officer(s), agent(s) and employee(s), against all claims and liabilities which may be asserted against them for any damages, injuries, or losses due to natural volcanic or flash flood causes suffered by any person while within the restricted zones or as a result of entering or occupying this zone under the authority of the industrial permit.
(3) Entry and occupancy of the restricted zone for industrial permittees will be authorized as per WAC 118-03-070(3).
(a) Industrial permits will be good for the length of contract, not to exceed three months.
(b) Industrial permits may be renewed upon approval of the director of DEM or his designee(s).
(4) Entry and occupancy of the restricted zone for continuous 24-hour periods by industrial permittees will be permitted on a case-by-case basis by the director of DEM or his designee(s) upon a showing of overriding necessity.
(5) Each individual(s) at the time of application for an industrial permit issued under WAC 118-03-050 and 118-03-110 or prior to application must file with DEM an evacuation, emergency communication and warning plan.
(6) The evacuation plan must include the following:
(a) A description of the areas of operation by township, range, and section.
(b) Number of personnel to be engaged within these areas.
(c) Type and number of vehicles to be used for evacuation.
(d) Primary and alternate escape routes to be used.
(7) The emergency communication and warning plans must include the following:
(a) Manner in which the industrial permit holder would receive notification of a volcanic event.
(b) Procedures which the industrial permit holder would use to warn his/her personnel in the restricted zone.

Wash. Admin. Code § 118-03-230

Statutory Authority: Chapters 43.06 and 38.52 RCW. 85-20-062 (Order 85-02), §118-03-230, filed 9/27/85; 82-15-007 (Order 86-06), §118-03-230, filed 7/9/82; 81-15-012 (Order 81-03), §118-03-230, filed 7/7/81.