Washington Administrative Code

(1) Within thirty days of receipt of a copy of the petition for judicial review to the superior court or notice of acceptance of the certificate of appealability by the court of appeals, the board shall certify and transmit to the reviewing court the record made before the board.…

The board has reviewed its authorized activities pursuant to the SEPA rules and has found them all to be exempt from that chapter.[Statutory Authority: RCW 43.21B.170. WSR 96-15-003, § 371-08-570, filed 7/3/96, effective 8/3/96.]

Residents of the Columbia Basin Irrigation Project Area are, and will continue to be, faced with problems involving the disposal of sanitary sewage and wastes from industry. Since there are no continuous streams in the area, waste material must be disposed of either on land or in…

The following regulations regarding the discharge of waste products to the canals, drains, wasteways, reservoirs and groundwaters of the Columbia Basin Irrigation Project Area and the minimum standards for the treatment and disposal of sewage and industrial wastes in this area ar…

(1) Municipal and community. (Including school and industrial installations):(a) The discharge of raw sewage is prohibited under any circumstances.(b) The discharge of sewage treatment plant effluent into canals used for irrigation or stock watering is prohibited.(c) The discharg…

The following materials shall not be discharged to any drain or wasteway in excess of the concentration specified in each case. In no case will any of these materials be discharged to a canal:(1) No oils, tars, cleaning compounds or inflammables.(2) No phenols or pheno-like compo…

Wastes containing materials listed in WAC 372-36-040 (1) through (5) above, shall not be disposed of in such a way as to enter the groundwater.[Rule .04.243(B), filed 3/1/60.]

(1) Condenser water, cooling water and ice machine water may be discharged to drains or waterways, but not to canals.(2) Wastes after proper treatment may be discharged to a drain or wasteway, if such discharge is approved by the department of ecology. The preferred methods of di…

(1) Cooling waters may be discharged to drain or wasteway.(2) Wastes shall be screened (20-mesh standard gauge) and disposed of by lagooning, irrigation or in leaching trenches.[Rule .04.243 (C)(2), filed 3/1/60.]

No wastes from slaughterhouses or meat packing plants shall be allowed to enter any drain or wasteway. Recommended methods of disposal are:(1) In all cases, blood, paunch manure, fleshings and grease shall be collected for rendering or some other type of utilization.(2) Wastes fr…

(1) No lime wastes, process waters or Steffen's waste shall be discharged to any drain or wasteway or in any way such that it may reach groundwater.(2) Flume water may be discharged to a drain or wasteway, but only after grit removal and reuse in the flumes with not more than 40 …

(1) Wash water shall not be discharged to any wasteway or drain if it is possible to dispose of the water by irrigation on land.(2) If wash water is to be discharged to any wasteway or drain it must first be settled in a tank equipped with continuous sludge removal equipment and …

No sand and gravel washings will be discharged to a drain or wasteway unless first passed through a lagoon with a settling period of 2 days.[Rule .04.243 (C)(6), filed 3/1/60.]

(1) Feed lots or hog wallows shall not be located within 100 feet of any wells used for public water supply.(2) Feed lots or hog wallows shall be so located that surface runoff or waste water from the lot will not enter any canal, drain, wasteway or reservoir.(3) Livestock and po…

(1) Garbage disposal areas and incinerators shall be so located to preclude discharge of drainage to any canal, drain, wasteway or reservoir.(2) Operations not covered by these requirements will be considered individually and requirements established as the need arises.[Rule .04.…

For purposes of this chapter, the following definitions are applicable:(1) "Ecology" shall mean the Washington state department of ecology.(2) "Approval and a certification of necessity" shall mean an order of ecology which gives approval to a water district to establish, maintai…

This regulation prescribes the procedure whereby a water district organized under the provisions of chapter 57.04 RCW may apply for and receive an approval and a certification of necessity from ecology in accordance with the provisions of RCW 57.08.065 in order to exercise powers…

In addition to the requirements of chapter 372-20 WAC, an application for an approval and a certification of necessity must be presented to ecology and shall include, but not be limited to, the following considerations:(1) A general statement of the present and future sewage prob…

Prior to the submission of an application to ecology for an approval and a certification of necessity, an applicant water district shall:(1) Notify all the contiguous and affected sewer entities in the area in which the water district is proposing to construct and operate a sewer…

Ecology will issue an approval and a certification of necessity to an applicant water district if all of the following conditions are satisfied:(1) The granting of an approval and a certification of necessity will eliminate or alleviate an existing or imminent water pollution pro…

After ecology has made a decision either granting or denying a request for an approval and a certification of necessity, said decision shall constitute a "contested case" within the meaning of chapter 34.04 RCW and RCW 90.48.230.[Statutory Authority: RCW 43.216.001 [43.21B.001] a…

The granting of an approval and a certification of necessity by ecology shall only constitute approval to establish, maintain, construct, and operate a sewer system within the proposed service area requested in the initial application for an approval and a certification of necess…

The state of Washington department of ecology pursuant to RCW 90.48.035, 90.48.270, and 90.48.280 hereby adopts and promulgates these rules and regulations for the development, submission, and adoption of water pollution control and abatement plans for sewage drainage basins.[Sta…

The rules and regulations of the department of ecology contained herein set forth the procedures necessary to conform with RCW 90.48.280 and 90.48.290(3). Ecology's review must primarily assure that the plan provisions will give adequate protection to and preservation of present …

(1) Basin - See "sewage drainage basin," subsection (17) of this section.(2) Ecology - The state of Washington department of ecology.(3) Construction plans and specifications - The final engineering design before construction of facilities. Construction plans and specifications s…

The "sewage drainage basin and urban area planning guide for water pollution control and abatement" contains recommendations and suggestions with respect to the development of such plans and is hereby approved by the state of Washington department of ecology. This guide should be…

(1) A plan will be prepared for each basin by the planning agencies having authority within that basin. Each agency will plan only for that area for which it has authority or for other areas by agreement.(2) Within each basin a single agency or committee will be responsible for c…

The water pollution control and abatement plan shall include but not be limited to:(1) Introduction (includes statement of purpose and intent, acknowledgments, summary of findings, and base map).(2) Basis for planning(a) Physical environment(i) Topography - General description(ii…

(1) Two copies of said water pollution control and abatement plan will be submitted to ecology for review. Within thirty days of receipt ecology will approve or reject said plan in writing. Upon ecology approval a public hearing will be scheduled for a date within thirty days of …

After a plan has been adopted, occasions may arise when a change in certain parts of the plan provisions is necessary. Proposed deviations from the adopted water pollution control and abatement plan which affect the adequacy and efficiency of plan provisions shall be submitted to…

(1) Ecology recognizes three basic phases of planning:(a) Water pollution control and abatement plan (for sewage drainage basins)(b) Preliminary engineering report(c) Construction plans and specifications(2) These phases are defined as given in WAC 372-68-030. The water pollution…

Ecology, pursuant to RCW 90.48.270 hereby adopts as sewage drainage basins the water resource inventory areas delineated as shown.Sewage Drainage Basins[Statutory Authority: RCW 43.216.001 [43.21B.001] and chapter 43.21A RCW. WSR 88-13-029 (Order 88-62), § 372-68-100, filed 6/8/8…

As authorized by chapter 70A.545 RCW, the purpose of this chapter is to establish criteria and procedures for the payment of costs from the state financial assurance program to address a release from petroleum underground storage tank systems. The agency will administer the progr…

Unless the context requires otherwise, the definitions in this section shall apply throughout this chapter.(1) "Agency" means the Washington state pollution liability insurance agency and may be referred to as PLIA throughout this chapter. For purposes of chapter 70A.545 RCW, age…

(1) To participate in the financial assurance program, the owner or operator of a petroleum underground storage tank must apply and the tank must be enrolled in the program. Enrollment is limited to a petroleum underground storage tank located in Washington. If the owner and oper…

(1)(a) Applications for program enrollment are made using the agency's online community. If requested from the agency, alternative formats for application will be provided. The agency will review all applications for completeness. Incomplete applications will not be accepted.(b) …

(1) The agency may cancel enrollment for any of the following reasons:(a) Failure to maintain the petroleum underground storage tank system or petroleum underground storage tank facility to a standard established in the program policy or enrollment agreement;(b) Failure to comply…

(1) Release from the petroleum underground storage tank after enrollment.(a) The program will provide financial assurance funds of up to $2,000,000, per tank, for remedial action costs to address a release that occurs after enrollment from a petroleum underground storage tank sys…

(1) All program participants must review and reference the program policy guidance prior to requesting coverage from the financial assurance program. The agency maintains this document on its website.(2) An owner or operator of an enrolled petroleum underground storage tank must …

(1) A third-party claim relating to a release prior to enrollment from a petroleum underground storage tank will not be eligible for funds under this program. The owner or operator of an enrolled petroleum underground storage tank or a third party have the burden to show the rele…

(1) Eligible and ineligible costs are listed in the program guidance.(2) Eligible costs covered by the financial assurance program include, but are not limited to, the following:(a) Remedial action performed by an agency prime consultant for releases from a petroleum underground …

(1) The owner or operator of a nonenrolled petroleum underground storage tank system, or owner of a property with either a nonenrolled petroleum underground storage tank system or a past release that has been reported to the department of ecology, may submit an agency-led remedia…

The agency may recover the costs of remedial actions conducted under the program by use of cost recovery options in the Model Toxics Control Act, RCW 70A.305.080, 70A.545.060, and 70A.545.070, or other applicable federal or state laws.[Statutory Authority: RCW 70A.545.100(1). WSR…

(1) The agency may require an owner or operator to return any cost overpayment made by the program. Overpayments may occur if:(a) Another party, such as an insurer, has paid costs prior to payments from the program; or(b) The agency discovers an accidental overpayment has been ma…

(1) The agency may seek return of payments made if:(a) Any party misrepresents or omits material facts relevant to the agency's determination of coverage; or(b) Any party, with intent to defraud, initiates a financial assurance request or issues or approves an invoice or request …

(1) Review of the following initial agency decisions may be requested, in writing, to the agency's legislative and policy manager:(a) Denial of program eligibility;(b) Cancellation of enrollment in the program or denial of reenrollment;(c) Denial of eligibility for payment under …

The pollution liability insurance agency adopts these rules under RCW 43.21C.120 (State Environmental Policy Act) and chapter 197-11 WAC (SEPA rules).[Statutory Authority: RCW 43.21C.120. WSR 20-02-007, § 374-100-010, filed 12/18/19, effective 1/18/20.]

(1) The provisions of chapter 197-11 WAC (SEPA guidelines adopted by the department of ecology), are hereby adopted by PLIA, and are incorporated in and made a part of this chapter by reference herein, to the extent that the SEPA guidelines are applicable to the programs, activit…

(1) The purpose of this chapter is to implement chapter 197-11 WAC, SEPA rules, as applicable to the pollution liability insurance agency.(2) These policies and procedures are developed to implement SEPA in a manner which reduces duplication, establishes effective and uniform rul…

In addition to the definitions contained in WAC 197-11-700 through 197-11-799, the following terms shall have the listed meanings:(1) "PLIA" means the pollution liability insurance agency.(2) "Proponent" means applicant, as defined in WAC 197-11-716 or party with a proposal, as d…