Washington Administrative Code

(1) The department shall issue a wild seed permit to move shellfish from a harvest site in a growing area classified by the department as prohibited if the requirements in this section and chapter 69.30 RCW are met.(2) To qualify for a wild seed permit:(a) The applicant shall:(i)…

(1) The department shall issue a bait permit to harvest shellfish from a harvest site in a growing area classified by the department as prohibited, restricted, or conditionally approved in closed status or from an unclassified area if the requirements in this section and chapter …

(1) The department shall issue a wet storage permit for recirculating, flow-through, or beach wet storage if the requirements in this section and chapter 69.30 RCW are met.(2) To qualify for a wet storage permit the applicant shall:(a) Have a valid shellfish operation license;(b)…

(1) To transplant shellstock, the following requirements must be met:(a) The person shall have a valid shellfish operation license;(b) The person shall have a valid harvest site certificate for the original harvest site(s) and the original harvest site(s) are classified as approv…

A person who packs, handles, or stores shucked shellfish or operates a shucked shellfish repacking plant shall meet all the requirements specified in this chapter and the NSSP Model Ordinance for packing plants.[Statutory Authority: RCW 69.30.030 and 43.20.050. WSR 26-01-084, s 2…

(1) A person may not work in any growing area, shucking, packing, or repacking plant in any capacity when ill with or the carrier of a communicable disease which is transmissible through food and is in the infectious stage where that person might contaminate the shellfish or food…

(1) An owner or person in charge of shellfish operations shall arrange their physical facilities to aid in the flow of shellfish products through all handling, processing, and storage areas in a manner that will minimize contamination of the shellfish.(2) An owner of a shellfish …

(1) A person engaged in the actions listed in WAC 246-282-005(1) shall have a written record documenting that the shellfish came from one or more of the following sources:(a) A harvest site or sites for which the person has a valid harvest site certificate;(b) Another shellfish o…

(1) The department shall issue an export certificate to a shellfish dealer for a specific lot of shellfish if all requirements are met.(2) To qualify for an export certificate from the department, a shellfish dealer shall:(a) Be exporting the lot to a country that requires a prod…

(1) The department may enter or inspect a harvest site, physical facility, records, vehicle, or vessel used by a shellfish operation as often as necessary to determine compliance with chapter 69.30 RCW, this chapter, and the NSSP Model Ordinance.(2) The department shall inspect e…

(1) A notice of a denial, suspension, modification, or revocation of a license from the department must comply with RCW 43.70.115. An applicant or license holder has the right to an adjudicative proceeding to contest the decision.(2) A notice of imposition of a civil penalty from…

(1) The department may deny, revoke, or suspend a shellfish operation license, harvest site certificate, or permit and may assess a civil penalty if a person:(a) Fails to comply with any of the provisions of chapter 69.30 RCW, this chapter, or the NSSP Model Ordinance;(b) Refuses…

(1) The department calculates an appropriate penalty based on the following factors:(a) The level of threat to public health;(b) The number of previous violations attributed to the violator; and(c) The presence of aggravating or mitigating factors.(2) The department determines ad…

(1) If the department finds during an inspection that an owner or person working on behalf of a shellfish operation fails to comply with any requirements of chapter 69.30 RCW, this chapter, or the NSSP Model Ordinance, the department may issue a written statement of deficiencies …

A person found violating any of the provisions of this chapter or chapter 69.30 RCW is guilty of a gross misdemeanor, and upon conviction will be subject to:(1) A fine; or(2) Imprisonment in the county jail of the county in which the offense was committed; or(3) Both fine and imp…

Should any section, paragraph, clause or phrase of these rules and regulations be declared unconstitutional or invalid for any reason, the remainder of these rules and regulations are not affected.[Statutory Authority: RCW 69.30.030 and 43.20.050. WSR 26-01-084, s 246-282-130, fi…

(1) The department shall collect the following fees:(a) Annual shellfish operation license:OperationAcresHarvest SitesFee effective untilJune 30, 2026Fee effective startingJuly 1, 2026Harvester 2 or less$876$1,489 3 or more$916$1,569Shellstock Shipper0-49 Acres2 or less$1,954$3,6…

(1) The purpose of this chapter is to define basic regulatory requirements and to protect the health of consumers using public drinking water supplies.(2) The rules of this chapter are specifically designed to set requirements for:(a) Adequate design, construction, sampling, mana…

(1) The department has numerous guidance documents available to help purveyors comply with state and federal rules regarding drinking water. These include documents on the following subjects:(a) Compliance;(b) Consumer and public education;(c) Contaminants;(d) Cross-connection co…

The definitions in this section apply throughout this chapter unless the context clearly indicates otherwise.(1) "Acute" means posing an immediate risk to human health.(2) "Adverse effect" means a biological change, functional impairment, or pathologic lesion that may affect the …

(1) Public water system shall mean any system providing water for human consumption through pipes or other constructed conveyances, excluding a system serving only one single-family residence and a system with four or fewer connections all of which serve residences on the same fa…

The following sections and subsections of Title 40 Code of Federal Regulations (C.F.R.) Part 141 National Primary Drinking Water Regulations and Part 143 National Secondary Drinking Water Regulations revised as of June 25, 2024, are adopted by reference:141.2Definitions. Only tho…

(1) The department and the health officer for each local health jurisdiction may develop a joint plan of responsibility. Wherever in this chapter the term "department" is used, the term "health officer" may be substituted based on the terms of this joint plan of responsibility. T…

(1) The following requirements apply to all newly developed public water systems:(a) Except for systems proposed within an existing water system's approved service area in a CWSSA and offered service by that existing system, any proposed new public water system must be owned or o…

(1) Purveyors shall ensure that all work required to be prepared under the direction of a professional engineer, including, but not limited to, water system plans, project reports, corrosion control recommendation reports, tracer studies, construction documents and construction c…

When any purveyor is out of compliance with a law or rule regulating public water systems and administered by the department, the department may initiate appropriate enforcement actions, regardless of any prior approvals issued. These actions may include, but are not limited to, …

(1) General.(a) The state board of health may grant variances, exemptions, and waivers of the requirements of this chapter according to the procedures outlined in subsection (5) of this section. See WAC 246-290-300 (4)(g) and (7)(f) for monitoring waivers.(b) Consideration by the…

(1) The purpose of this section is to establish a uniform process for purveyors to:(a) Demonstrate system capacity as defined in WAC 246-290-010;(b) Demonstrate how the system will address present and future needs in a manner consistent with other relevant plans and local, state,…

(1) The purpose of a small water system management program is to:(a) Demonstrate the system's operational, technical, managerial, and financial capability to achieve and maintain compliance with all relevant local, state, and federal plans and regulations; and(b) Establish eligib…

Municipal water suppliers required to submit a water system plan for department approval under WAC 246-290-100(2) must also include in the water system plan the provisions of this section as required under RCW 43.20.260. In approving a water system plan, the department shall ensu…

The place of use of a surface or groundwater right may be expanded to include any portion of the approved service area that was not previously within the place of use for the water right when documented in an approved planning or engineering document under chapter 43.20 RCW or in…

Consistency with local plans and regulations applies to planning and engineering documents under WAC 246-290-106, 246-290-107, and 246-290-110.(1) Municipal water suppliers must include a consistency review and supporting documentation in its planning or engineering document desc…

(1) The project report is a written document that describes why a project is being proposed and includes engineering design calculations showing how the project will meet its objectives.(2) Purveyors shall submit project reports to the department and obtain written approval prior…

(1) Construction documents shall identify how specific projects will be constructed while satisfying the requirements and conditions established in the project report and/or the water system plan.(2) Purveyors shall submit construction documents to the department and obtain writt…

(1) The following projects do not require project reports under WAC 246-290-110 and construction documents under WAC 246-290-120 to be submitted to the department for review and approval prior to installation:(a) Installation of valves, fittings, meters, and approved backflow pre…

(1) Every purveyor shall obtain drinking water from the highest quality source feasible. Every purveyor shall, prior to using a source as a public water supply, obtain approval from the department for:(a) All new sources.(b) Previously unapproved sources.(c) Modifications to exis…

(1) A purveyor with an emergency source shall provide, at a minimum, the following information in its department-approved emergency response program required under WAC 246-290-415 (2)(d):(a) Source name, department identification number, capacity, and location;(b) Engineering des…

(1) No interties shall be used and/or constructed as a public water supply without department approval.(2) Interties shall not be eligible for submittal exceptions pursuant to WAC 246-290-125.(3) Prior to department approval, purveyors proposing nonemergency interties shall ensur…

(1) The department may require monitoring and controls in addition to those specified in this section if the department determines a potential risk exists to the water quality of a source.(2) SCA.(a) The purveyor shall maintain an SCA around all sources for the purpose of protect…

At the discretion of the department, owners of existing systems without approved construction documents shall provide information necessary to establish the extent of the water system's compliance with this chapter. At a minimum, this shall include submission and approval by the …

(1) Purveyors shall ensure that good engineering criteria and practices are used in the design and construction of all public water systems, such as those set out in:(a) Department guidance on design for Group A public water systems;(b) The most recent published edition of the In…

(1) All materials shall conform to the ANSI/NSF Standard 61 if in substantial contact with potable water supplies. For the purposes of this section, "substantial contact" means the elevated degree that a material in contact with water may release leachable contaminants into the w…

(1) Except as provided in this section, expanding systems shall use water demand design for average day demand (ADD), and peak periods of demand such as maximum day demand (MDD), and peak hourly demand (PHD) that are based upon actual metered water use records. The data collected…

(1) The water system physical capacity shall be established by evaluating the capacity of each system component such as source, treatment, storage, transmission, or distribution, individually and in combination with each other. The evaluation shall identify any limitations on the…

(1) The purveyor shall size and evaluate new, or expansions to existing, distribution systems using a hydraulic analysis acceptable to the department.(2) The minimum diameter of all distribution mains shall be six inches (150 mm) unless smaller mains can be justified by hydraulic…

(1) Finished water storage facilities shall be designed to:(a) Prevent entry by birds, animals, insects, excessive dust, and other potential sources of external contamination. The design shall include provisions for a lockable weathertight roof, a screened roof vent, an overflow …

(1) Treatment systems or devices shall be piloted and designed to ensure finished water quality conforms to water quality standards established in WAC 246-290-310.(2) Treatment systems or devices for surface water or GWI sources shall be designed in accordance with the provisions…

(1) General.(a) The monitoring requirements specified in this section are minimums. The department may require additional monitoring when:(i) Contamination is present or suspected in the water system;(ii) A groundwater source is determined to be a potential GWI; (iii) The degree …

(1) General.(a) The purveyor shall be responsible for complying with the standards of water quality identified in this section. If a contaminant exceeds its MCL or its maximum residual disinfectant level (MRDL), the purveyor shall take follow-up action under WAC 246-290-320.(b) W…

(1) The department shall consider the following criteria to select a contaminant for developing a SAL:(a) Drinking water contributes to human exposure to the contaminant.(b) The contaminant is known or likely to occur in public water systems at levels of public health concern. So…