Washington Administrative Code

In addition to the definitions set forth in RCW 15.54.270 and WAC 16-200-695, the following shall apply to WAC 16-200-7401 through 16-200-7407.(1) "Adverse effect(s)" means that the effects resulting from violations of chapter 15.54 RCW or the rules adopted under it actually caus…

(1) Pursuant to RCW 43.05.100, a notice of correction may be issued by the department when they become aware of conditions and/or conduct that are not in compliance with the applicable laws and rules enforced by the department. The issuance of a notice of correction by the depart…

(1) In the disposition of administrative cases, the department shall use the penalty assignment schedules listed in WAC 16-200-7407 to determine the appropriate penalty. The department shall calculate the appropriate penalty based on the level of violation and the adverse effect(…

(1) The department retains the sole discretion to determine when a bulk fertilizer distribution license should be canceled. Cancellation of a license shall be an option for the department in those circumstances where:(a) The penalty schedule allows for cancellation; and/or(b) One…

Nothing herein shall prevent the department from:(1) Choosing not to pursue a civil penalty or bulk fertilizer distribution license denial or cancellation.(2) Issuing a notice of correction in lieu of pursuing a civil penalty, or bulk fertilizer distribution license denial or can…

This assignment schedule shall be used for violations of chapter 15.54 RCW and rules adopted under it.Level of ViolationAdverse Effects Not ProbableAdverse Effects ProbableMinimumMedianMaximumMinimumMedianMaximumFirst$400$600$1000$700$900$1100Second$700$1000$2000$1200$2600$4000 a…

The definitions set forth in this section shall apply throughout this chapter, unless the context otherwise requires.(1) "Approved air gap" means a physical separation between the free-flowing end of a water supply pipeline and the overflow rim of an open or nonpressurized receiv…

Primary storage of bulk liquid fertilizers at a permanent storage facility shall be located within secondary containment designed to prevent the release of discharged fertilizers. Secondary containment shall consist of:(1) A wall and liner with a sloped floor as provided in WAC 1…

(1) Secondary containment shall contain at least one hundred twenty-five percent of the volume of the largest storage container within the area plus the displacement of all other tanks, appurtenances, and other items within the containment area: Provided, That permanent storage f…

(1) The secondary containment floor shall slope to one or more liquid tight collection points or sumps that allows spilled or deposited materials to be easily removed.(2) The walls and floor of secondary containment shall be constructed of steel, poured reinforced concrete, preca…

(1) Secondary containment walls constructed of earth shall be allowed at permanent storage facilities when a liner is used: Provided, That only permanent storage facilities having storage containers of one hundred thousand gallons or greater capacity can use clay liners.(2) Earth…

If a liner is required to meet the standards set forth in WAC 16-201-028, then it must be constructed as follows:(1) Synthetic liners:(a) Synthetic liners shall be chemically compatible with the materials being stored within the permanent storage facility and have a minimum thick…

A floor and/or liner need not be installed directly under a storage container having a capacity of one hundred thousand gallons or more which has been constructed on site and put into use prior to March 1, 1994: Provided, That one of the following alternative procedures are compl…

(1) Prefabricated [secondary containment] shall be composed of a rigid prefabricated basin having both a base and walls constructed of steel or synthetic materials which are resistant to corrosion, puncture or cracking. Materials used in the secondary containment shall be chemica…

Secondary containment, including prefabricated secondary containment, shall not have discharge outlets or valves. Discharge outlets or valves on existing secondary containment shall be sealed. Secondary containments may be interconnected.[Statutory Authority: RCW 15.54.800. WSR 0…

(1) No material may be stored within liquid fertilizer secondary containment unless the material is compatible with all other material stored within the secondary containment. For the purposes of this section, compatible means that the materials, when mixed together, will not rea…

Precipitation may not be allowed to accumulate in secondary containment to the point where it:(1) Reduces the capacity of the secondary containment below one hundred ten percent of the volume of the largest storage container within the area plus the displacement of all other stor…

Discharges within secondary containment shall be immediately recovered.[Statutory Authority: RCW 15.54.800. WSR 00-23-075, § 16-201-080, filed 11/17/00, effective 12/18/00. Statutory Authority: RCW 15.54.800 and 15.58.040. WSR 93-22-093 (Order 5018), § 16-201-080, filed 11/2/93, …

Permanent storage facility general requirements:(1) Storage containers and appurtenances shall be constructed, installed and maintained so as to prevent the discharge of liquid fertilizer.(2) Storage containers and appurtenances shall be constructed of materials which are resista…

No person shall store liquid bulk fertilizer, fertilizer spills or rinsates in an underground storage container or surface impoundment, such as a lined pond or pit. A watertight catch basin or sump used for the temporary collection of rinsate or runoff from transfer and loading a…

(1) Storage containers used at a permanent storage facility, or used for temporary field storage to hold liquid bulk fertilizer or fertilizer rinsate are considered abandoned if they have been out of service for more than six consecutive months because of a weakness or leak, or h…

Storage containers shall be secured, if necessary, to prevent flotation or instability which might occur as a result of liquid accumulations within a secondary containment facility.[Statutory Authority: RCW 15.54.800. WSR 00-23-075, § 16-201-130, filed 11/17/00, effective 12/18/0…

Storage containers may not be filled beyond the capacity for which they are designed, taking into account the density of the liquid being stored and thermal expansion during storage.[Statutory Authority: RCW 15.54.800 and 15.58.040. WSR 93-22-093 (Order 5018), § 16-201-140, filed…

(1) Every storage container shall be equipped with a liquid level gauging device by which the level of liquid in the storage container can be readily and safely determined.(2) A liquid level gauging device is not required if the level of fluid in a storage container can be readil…

All bulk fertilizer storage containers and appurtenances shall be fenced or otherwise secured to provide reasonable protection against vandalism or unauthorized access. Valves on storage containers shall be closed and locked or otherwise secured when left unattended. Locks on end…

(1) All bulk fertilizer storage containers shall be clearly and conspicuously labeled to identify the contents.(2) All bulk fertilizer storage containers shall bear a label or placard in accordance with Uniform Fire Code Standard No. 79-3, identifying the material therein.(3) All…

(1) Temporary field storage shall comply with the following sections: WAC 16-201-100, 16-201-110, 16-201-120, 16-201-140, 16-201-150, and 16-201-170.(2) Temporary field storage shall be inspected for leakage and soundness daily when in use.(3) Valves on temporary field storage sh…

(1) All operational area activities shall take place on or within operational area containment: Provided, That during the unloading or loading of railcars, marine vessels, or manned trucks when product is unloaded from direct shipments from manufacturers, individual basins or por…

(1) During loading and unloading of liquid bulk fertilizer at temporary field storage locations individual basins or portable storage containers shall be used to recover spillage and leakage from transfer connections and pumps.(2) Liquid bulk fertilizer storage containers used fo…

(1) Dry bulk fertilizer shall be stored inside a structure or device having a roof or cover, sidewalls, and a base sufficiently impermeable to prevent contact with precipitation and surface water; or(2) If dry bulk fertilizer is stored outdoors, it shall be placed on a ground cov…

(1) When piping within secondary containment or an operational area is directly connected to a water source such as a well or public water system, an approved air gap or an approved reduced pressure principle backflow prevention assembly (RPBA) shall be installed to protect the w…

(1) Fertilizer spills within secondary containment or operational area containment shall be immediately recovered. (2) Fertilizer rinsate shall be removed from secondary containment and operational area containment as necessary to ensure the capacity of the containment area does …

(1) The operator of a fertilizer bulk storage facility shall inspect and maintain storage containers, appurtenances, secondary containment and operational area containment to minimize the risk of a fertilizer release.(2) The inspection shall include a visual observation for any e…

Records required by this section and documents necessary to ensure compliance with this chapter shall be made available for inspection and copying by the department. The following records shall be maintained at permanent storage facilities or at the nearest local office from whic…

(1) The operator of a permanent storage facility shall prepare a written spill response plan for the permanent storage facility. If all or portions of the information required by the spill response plan have been prepared for plans required by other government agencies, they need…

The requirements of this chapter shall be effective immediately: Provided, That(1) All permanent storage facilities that have storage containers of one hundred thousand gallons or greater and that were in operation prior to March 1, 1994, shall comply with WAC 16-201-020 through …

(1) The department may issue a permit exempting any person from a requirement under this chapter if compliance is not technically feasible in the judgment of the department and the department finds that alternative measures provide substantially similar protection. All informatio…

Any person who fails to comply with any provisions of this chapter shall be subject to imposition of a civil penalty as provided in chapter 15.54 RCW.[Statutory Authority: RCW 15.54.800 and 15.58.040. WSR 93-22-093 (Order 5018), § 16-201-290, filed 11/2/93, effective 3/1/94.]

The purpose of this chapter is to establish standards for chemigation and fertigation that are protective of existing and future uses of surface water and groundwater quality.[Statutory Authority: RCW 17.21.030, 15.58.040(2), and 15.54.800(2). WSR 25-22-066, s 16-202-100, filed 1…

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Air gap" means an unobstructed physical separation between the free-flowing discharge end of a water supply and the overflow rim of an open or nonpressurized receiving…

(1) The certified applicator is responsible for safe application and for the proper operation of the chemigation equipment.(2) Only pesticides properly labeled for chemigation may be used.(3) An application system shall be operated in a manner that is consistent with the intent o…

(1) The fertigation operator is responsible for safe application and for the proper operation of the fertigation equipment.(2) A fertigation system must be designed, constructed, installed, operated, and maintained in accordance with the provisions of this chapter.(3) Substituted…

(1) The certified applicator must ensure compliance with posting requirements as specified on any pesticide product label.(2) Posting, if required, for a chemigation operation, must occur no more than 24 hours before the start of a chemigation operation, unless indicated otherwis…

(1) All persons who apply pesticides by means of an irrigation system shall keep a record of each application.(2) In addition to the information required in WAC 16-228-1320, the applicator must include the total application depth of irrigation water applied during the chemigation…

(1) An application tank must:(a) Have the registered pesticide product label or labels (including the EPA registration number(s) and the appropriate EPA establishment number) prominently affixed to the application tank while it contains that pesticide;(b) List the tank contents, …

(1) Application tanks shall not be located in an area or placed in such a manner to contaminate water, the environment, sensitive areas, or to endanger human health.(2) Application tanks shall be positioned down gradient from wellheads, public waterways, off-farm irrigation suppl…

Application tanks functionally connected to and dedicated solely for use with a chemigation or fertigation system may be exempt from the secondary and operational area containment rules in chapter 16-201 WAC (commercial fertilizers) and chapter 16-229 WAC (pesticides) when in com…

(1) Rinsate must be applied at or below label rate to a target site or disposed of properly in accordance with chapter 173-303 WAC.(2) Contaminated backflush water from a filtration device shall be disposed of in a manner that will not contaminate groundwater or surface water or …

(1) All systems must have antipollution safety devices that include a backflow prevention system, metering device, injection device, and system interlock as listed on the pesticide label and contained in this rule.(2) Antipollution safety devices for chemigation systems must comp…

(1) Backflow prevention to the water source shall be required on all irrigation systems used for chemigation or fertigation.(2) Backflow prevention devices on equipment used for chemigation or fertigation that connect to any water system intended for human use, including municipa…