Washington Administrative Code

The purpose of this chapter is to establish and set forth the policies and procedures of the department of ecology in regard to the protection of the occurrence and availability of groundwater within the upper aquifers or upper aquifer zones where there are multiple aquifer syste…

This chapter is promulgated by the department of ecology pursuant to chapters 18.104, 43.21A, 90.44 and 90.54 RCW.[Statutory Authority: Chapters 90.44 and 90.54 RCW. WSR 85-12-018 (Order 84-45), § 173-154-030, filed 5/29/85.]

For the purposes of this chapter the following definitions shall apply:(1) "Department" means the Washington state department of ecology.(2) "Groundwater right" means an authorization to use groundwater established pursuant to chapter 90.44 RCW, state common or statutory law exis…

In any multiple aquifer system, where the department determines that the uppermost aquifers or upper aquifer zone will not sustain large volume groundwater withdrawals without exceeding the safe sustaining yield or causing (1) adverse effects to existing water rights, (2) an unre…

The department may require inspections and/or tests of withdrawal facilities prior to their use in order to ensure compliance with any construction requirements imposed by the department pursuant to this chapter. Such inspections and tests shall be performed at the expense of the…

The department may require the rehabilitation of existing withdrawal facilities if it finds that the facilities were not constructed or are presently not in accordance with the permit provisions, if any, or the applicable laws and regulations of the department which were in effec…

At any time that the holder of a valid groundwater right proposes to deepen a withdrawal facility, the modification of the facility shall be made in such a manner as to preclude the occurrence of cascading waters. Such a facility shall not be deepened to tap a different body of p…

The provisions of this chapter shall apply to all groundwater rights under state jurisdiction, except that WAC 173-154-050 and 173-154-060 shall apply only to permits issued or other groundwater rights established subsequent to the effective date of this chapter and to withdrawal…

In enforcement of this chapter, the department of ecology may impose such sanctions as are appropriate under authorities vested in it, including but not limited to the issuance of regulatory orders under RCW 43.27A.190 and civil penalties under RCW 90.03.600.[Statutory Authority:…

All final written decisions of the department of ecology pertaining to permits, regulatory orders, and related decisions made pursuant to this chapter shall be subject to review by the pollution control hearings board in accordance with chapter 43.21B RCW.[Statutory Authority: Ch…

The department of ecology shall initiate a review of the rules established in this chapter whenever new information, changing conditions, or statutory modifications make it necessary to consider revisions.[Statutory Authority: Chapters 43.21A, 43.27A, 90.03 and 90.44 RCW. WSR 88-…

Nothing in this chapter shall be construed to limit in any manner the authority of the department to administer and enforce the existing water resources laws of the state, including but not limited to chapters 18.104, 90.03, 90.36, 90.44, 90.48 and 90.54 RCW, and regulations prom…

The purpose of this rule is to establish the standards for review of applications for underground artificial storage and recovery projects and, when necessary, to identify options for mitigation of potential adverse impacts to groundwater quality or the environment. The rule also…

In 2000, the Washington state legislature passed Engrossed Second Substitute House Bill 2867 (E2SHB 2867), which amended chapters 90.03 and 90.44 RCW. This bill expanded the definition of "reservoir" in RCW 90.03.370 to include "any naturally occurring underground geological form…

This rule applies to any firm, association, water users' association, corporation, irrigation district, municipal corporation, or anyone else that intends to obtain a reservoir permit to develop an underground artificial storage and recovery project pursuant to RCW 90.03.370. Thi…

"Aquifer storage and recovery project," "ASR project," or "underground artificial storage and recovery project" means those projects where the intent is to artificially store water in an underground geological formation through injection, surface spreading and infiltration, or ot…

The following permits or authorizations are required:(1) Water rights to source waters.(a) Any source water you use as part of a project by diverting from a state watercourse or withdrawing state groundwaters, must be obtained under a valid water right permit, certificate, or reg…

(1) You must assess potential impacts to the hydrogeologic system and the environment prior to submitting your application. If your application does not describe the general setting and conditions with sufficient information for the department to assess the application, the depar…

Your application for an ASR project must contain, at a minimum:(1) A description (conceptual model) of the hydrogeologic system (see WAC 173-157-120) prepared by a hydrogeologist licensed in the state of Washington.(2) A project operation plan (see WAC 173-157-130) with a descrip…

Your hydrogeologic system description must include a conceptual hydrogeologic model that describes:(1) The aquifer targeted for storage, to include at a minimum estimates for:(a) Lateral and vertical extent;(b) Whether the aquifer is confined or unconfined;(c) Permeability;(d) To…

Your project operation plan should include, at a minimum, the following information:(1) The quantity and times of year source water is available for recharge.(2) The proposed rate of injection and withdrawal of water.(3) The length of time the water is proposed to be stored.(4) T…

Your description of the legal framework should include, at a minimum:(1) Documentation of the water rights for the source waters intended to be stored for the proposed ASR project.(2) A list of other water rights within the ASR project area.(3) Instream flows established by the d…

Your environmental assessment and analysis must, at a minimum, describe:(1) The environment within the ASR project area, including:(a) Proximity to contaminated areas;(b) Present and prior land use(s) within the ASR project area;(c) Location(s) of historical or existing wetland h…

Your project mitigation plan, if necessary, must be reviewed and approved or prepared by an appropriately experienced engineer licensed in the state of Washington. The mitigation plan shall prescribe actions to be taken to prevent adverse impacts to the environment and methods fo…

Your project monitoring plan, which will be utilized to evaluate and verify the assumptions in the conceptual model, during the pilot and operational phases, must include the following:(1) Proposed time intervals for sampling and subsequent reporting.(2) Descriptions of measureme…

You must submit your application to the ecology water resources regional office that serves the area where your project would be located. Please refer to the department's website for telephone numbers.(1) The Northwest regional office serves Whatcom, Island, Kitsap, San Juan, Ska…

(1) The department will process applications for permits for ASR projects in accordance with the provisions of RCW 90.03.250 through 90.03.320, RCW 90.03.370, chapter 173-152 WAC and this chapter. The department shall expedite processing applications for those projects that:(a) W…

Yes, all final written decisions of the department made on applications pursuant to this chapter are subject to review by the pollution control hearings board in accordance with the provisions of chapter 43.21B RCW if you comply with the requirements for appeal established by sta…

Yes, the department may initiate a review of the rules established in this chapter whenever new information, changing conditions, statutory modifications, or other factors make it necessary or desirable to consider revisions.[Statutory Authority: RCW 90.03.370 (2)(b) and 90.44.46…

Copies of statutes and regulations cited in this chapter may be obtained from the public records office at the department's headquarters office. You may also obtain copies by downloading documents from the department's internet site at http://www.ecy.wa.gov or copies of rules of …

This chapter is adopted pursuant to chapter 86.16 RCW as amended during the 1989 legislative session.Note:Copies of all statutes, regulations, and other documents cited or referred to in this chapter may be viewed at the Department of Ecology, Mailstop PV-11, Olympia, Washington …

Chapter 86.16 RCW establishes statewide authority for flood plain management through the adoption and administration by local governments of regulatory programs which are compliant with the minimum standards of the National Flood Insurance Program (NFIP). Chapter 86.16 RCW also d…

For the purposes of this chapter the following definitions shall apply:"Base flood" means the flood having a one percent chance of being equalled or exceeded in any given year. Also referred to as the "one hundred-year flood.""Best available information" means in the absence of o…

The minimum regulatory area for state and local flood plain management regulations shall be those areas subject to a base (one hundred year) flood and designated as special flood hazard areas on the most recent maps provided by the Federal Emergency Management Agency (FEMA) for t…

The department of ecology shall provide technical assistance to local governments in the administration of their flood plain management ordinances. The department shall also assist counties, cities, and towns in identifying the location of the one hundred-year flood plain, and pe…

The standards and definitions contained in 44 C.F.R., Parts 59 and 60 for the National Flood Insurance Program are adopted as the minimum state standards by reference.[Statutory Authority: Chapter 86.16 RCW. WSR 88-10-058 (Order 88-6), § 173-158-050, filed 5/4/88.]

State requirements may be established for specific flood plains that exceed the minimum federal requirements of the NFIP, in accordance with RCW 86.16.031(8) and the following:(1) A written request must be submitted to the department of ecology by the affected county, city, or to…

The following additional state requirements are established in accordance with RCW 86.16.041.(1) Special flood hazard areas with designated floodways. In addition to those NFIP requirements for designated floodways, communities with designated floodways shall restrict land uses w…

Repairs, reconstruction, replacement, or improvements to existing farmhouse structures located in designated floodways and which are located on lands designated as agricultural lands of long-term commercial significance under RCW 36.70A.170 shall be permitted subject to the follo…

For proposed projects that substantially improve residential structures in a designated floodway for the primary purpose of reducing risk of flood damage, or for all substantially damaged residential structures, other than farmhouses, located in a designated floodway, the departm…

Wetlands are areas of great natural productivity and hydrological utility, providing natural flood control, flood desynchronization, and flow stabilization of rivers and streams. The unrestricted use and development of wetlands will destroy many of these beneficial qualities whic…

Communities shall submit to the department of ecology and to the federal Emergency Management Agency (FEMA) regional office newly adopted or amended flood damage prevention ordinances to incorporate the requirements of chapter 86.16 RCW and this chapter. Such ordinances or amendm…

In accordance with RCW 86.16.045 a county, city, or town may adopt flood plain management ordinances or requirements that exceed the minimum federal requirements of the National Flood Insurance Program and the state requirements of this chapter without following the procedures pr…

(1) The attorney general or the attorney for the local government shall bring such injunctive, declaratory, or other actions as are necessary to ensure compliance with this chapter.(2) Any person who fails to comply with this chapter shall also be subject to a civil penalty not t…

The variance procedure contained in 44 C.F.R., Part 60.6 and the local flood damage prevention ordinance shall apply to this chapter unless an activity or use is expressly prohibited therein.[Statutory Authority: RCW 86.16.061. WSR 90-21-089, § 173-158-120, filed 10/19/90, effect…

(1) These regulations are adopted under chapter 18.104 RCW, to establish minimum standards for the construction and decommissioning of all wells in the state of Washington.(2) The following are excluded from these regulations:(a) Any excavation that is not intended to locate, div…

(1) The department of ecology shall initiate review of the rules established in this chapter:(a) When new information, changing conditions, or statutory modifications make it necessary to consider revisions; or(b) When statutes require the review of this regulation, whichever com…

(1) Nothing in these regulations may be construed to waive any legal requirements of other state agencies or local governmental entities relating to well construction, nor may it preclude the adoption of more stringent minimum well construction standards by local government.(2) W…

The department may impose the sanctions that are appropriate under authorities vested in it, including:(1) The issuance of regulatory orders under RCW 43.27A.190;(2) Civil penalties under RCW 90.03.600 and 18.104.155; and(3) Criminal penalties under RCW 18.104.160.[Statutory Auth…

(1) Yes. All final, written decisions of the department of ecology pertaining to permits, regulatory orders, and related decisions made under this chapter are subject to review by the pollution control hearings board in accordance with chapter 43.21B RCW.(2) If you wish to appeal…