Washington Administrative Code

(1) A plan holder may request that ecology review and approve a plan based on alternative planning standards. Such requests should be submitted with the plan and shall be subject to a thirty day public review period and comment period which includes, but is not limited to, intere…

(1) Ecology will review the planning standards at five-year intervals to ensure the maintenance of best achievable protection to respond to a worst case spill and provide for continuous operation of oil spill response activities to the maximum extent practicable and without jeopa…

(1) Upon receipt of a plan, ecology shall evaluate whether the plan is complete, and if not, the plan holder shall be notified of any deficiencies within five business days. The public review and comment period does not begin until a complete plan is received.(2) Once a plan has …

(1) The purpose of this section is to specify the procedures for notifying the public which includes interested local and tribal governments about contingency plan status and decisions in order to provide opportunities for the public to review and comment.(2) In order to receive …

(1) Plan holders, spill management teams (SMTs), wildlife response service providers (WRSPs), and primary response contractors (PRCs) shall participate in a drill and equipment verification program for the purpose of ensuring that all contingency plan components function to provi…

The following drills shall be conducted within each triennial cycle.Type of DrillFrequency Within the Triennial CycleSpecial InstructionsScheduling InstructionsTabletop drills3 - One in each year of the cycleOne of the three shall involve a worst case discharge scenario. The wors…

The ecology drill evaluation process is based on the National Preparedness for Response Exercise Program (NPREP) 2016 guidance document. The NPREP guidance document lists fifteen core components that shall be demonstrated by the plan holder during the triennial cycle. Ecology ado…

(1) Plan holders may request drill credit for a response to an actual spill, provided that ecology has an opportunity to participate and evaluate the spill response. Credit from spills shall not entirely alleviate the plan holder's responsibility to drill.(a) Credit for a spill m…

(1) Plan holders may request a waiver for a deployment or tabletop drill requirements.(2) The request shall be in writing and shall describe why a waiver should be considered and how the plan holder is meeting the purpose and intent of the drill program with the waiver.(3) Plan h…

(1) To become a state-approved PRC, a response contractor must:(a) Submit an application as set forth in WAC 173-182-810;(b) Have a process to provide twenty-four hour/day contact for spill response;(c) Commit to begin mobilization efforts immediately upon notification but no lat…

The PRC application must contain the following information as applicable to the capabilities of the PRC:(1) A list of primary response contractor personnel indicating whether they are full-time, part-time, or subcontracted including their homebase or office location, and the spil…

(1) The PRC is responsible to provide written notification to ecology and all plan holders to whom they are obligated, within twenty-four hours, of any significant change in the information reported in the approved application. The notice shall include the identification of back …

Requirements to become a state-approved spill management team or wildlife response service provider, including:(1) Submission of an application as set forth in WAC 173-182-840;(2) Have a process to provide twenty-four-hour/day contact for spill management;(3) Commit to begin mobi…

The application must contain the following information as applicable to the capabilities of the SMT or WRSP:(1) A list of personnel indicating whether they are full-time or part-time, dedicated, or nondedicated, including their home base or office location, and the roles they may…

(1) The SMT or WRSP is responsible to provide written notification to ecology and all plan holders to whom they are obligated, within twenty-four hours, of any significant change in the information reported in the approved application.(2) Changes which are considered significant …

Ecology may verify compliance with this chapter by examining training and equipment maintenance records, drill records, accuracy of call-out and notification lists, spill management team lists, ICS forms, waste disposal records, post-spill reviews and records on lessons learned.[…

(1) If an owner or operator of a covered vessel, onshore or offshore facility, a person or plan holder is unable to comply with an approved contingency plan or otherwise fails to comply with requirements of this chapter, ecology may, at its discretion:(a) Place conditions on appr…

(1) A covered vessel may not enter or operate on the waters of the state without an approved, or conditionally approved, contingency plan, except that a covered vessel not in compliance with this chapter may enter waters of the state if the Coast Guard has determined that the ves…

If any provision of this chapter is held invalid, the remainder of the chapter is not affected.[Statutory Authority: Chapter 90.56 RCW. WSR 16-21-046 (Order 15-08), § 173-182-930, filed 10/12/16, effective 11/12/16. Statutory Authority: Chapters 88.46, 90.56, and 90.48 RCW. WSR 0…

The purpose of this rule is to establish procedures for convening a resource damage assessment (RDA) committee, preassessment screening of resource damages resulting from oil spills to determine which damage assessment methods to use, and determining damages in cases where the co…

This regulation implements RCW 90.48.366, 90.48.367, and 90.48.368 of the Water Pollution Control Act, as amended in 1987, 1989, and 1991.[Statutory Authority: Chapter 90.48 RCW. WSR 92-10-005 (Order 91-13), § 173-183-020, filed 4/23/92, effective 5/24/92.]

This chapter shall apply to all oil spills into the waters of the state. Under this chapter, the department may require or take any and all actions necessary to investigate and assess damages from those spills.[Statutory Authority: Chapter 90.48 RCW. WSR 92-10-005 (Order 91-13), …

(1) "Columbia River estuary environment" means the habitat and all other public resources associated with or dependent on the estuarine waters of the Columbia River.(2) "Compensation schedule" means the set of procedures enumerated in WAC 173-183-300 through 173-183-870 to determ…

(1) Findings from the preassessment screening shall be used to determine whether a formal damage assessment investigation should be conducted or whether the compensation schedule will be applied to assess public resource damages associated with spills of oil into state waters.(2)…

The state on-scene coordinator (OSC) or initial department responder, shall provide prompt notice to the committee chair when there is evidence of an oil spill into state waters.[Statutory Authority: Chapter 90.48 RCW. WSR 92-10-005 (Order 91-13), § 173-183-210, filed 4/23/92, ef…

(1) The on-scene coordinator (OSC) or initial department responder to an oil spill shall report the following to the RDA committee chair as soon as practicable:(a) Initial determination of the type and character of the oil(s) spilled;(b) Initial determination of location of the s…

(1) The following state agencies shall have membership on the RDA committee: Departments of archaeology and historic preservation, ecology, fish and wildlife, health, natural resources, and the parks and recreation commission.(2) Agencies with membership on the RDA committee shal…

(1) The primary duty of the RDA committee during the preassessment screening is to determine whether detailed damage assessment studies should be conducted under RCW 90.48.367, or alternatively, whether the compensation schedule authorized under RCW 90.48.366 and 90.48.367 will b…

(1) If the RDA committee, after considering the factors enumerated in WAC 173-183-240(3), determines that the damages to be investigated are quantifiable at a reasonable cost and that proposed assessment studies are clearly linked to quantification of the damages incurred, then t…

(1) The potentially liable party (PLP) may propose restoration or enhancement projects or studies during the preassessment screening phase to substitute for some or all of:(a) The damages calculated from the compensation schedule authorized under RCW 90.48.366 and 90.48.367; or(b…

To efficiently implement WAC 173-183-250 the RDA committee may develop public resource damage assessment agreements to facilitate cooperation between state and federal agencies and Indian tribes.[Statutory Authority: Chapter 90.48 RCW. WSR 92-10-005 (Order 91-13), § 173-183-270, …

The purpose of this section is to establish a compensation schedule that will provide a simple methodology for assessing damages to public resources from oil spills into fresh, marine, and estuarine waters of the state. The intent is to provide an alternate methodology to the ext…

This regulation implements the establishment of a resource damage compensation schedule consistent with the provisions of RCW 90.48.366 for the discharge of oil in violation of chapter 90.48 or 90.56 RCW which requires the department to establish the compensation schedule in cons…

(1) The compensation schedule determines adequate compensation for unquantifiable damages or for damages not quantifiable at a reasonable cost for persons liable under RCW 90.48.142.(2) Adequate compensation as determined from the compensation schedule is derived from preexisting…

The compensation schedule includes:(1) A relative ranking for each of the classes of oil defined in this chapter as determined by their known chemical, physical, and mechanical properties, and other factors that may affect the severity and persistence of the spill on the receivin…

(1) The purpose of this section is to provide a relative ranking of the severity of effects caused by a spilled oil. The ranking is based on the known chemical, physical, and mechanical properties of oils in the six classes identified in this section, as well as other properties …

(1) The purpose of this section is to describe the method of ranking vulnerability of marine and estuarine environments, excluding the Columbia River estuary environment to oil spills for the purposes of assessing damages using the compensation schedule.(2) Marine and estuarine w…

(1) The purpose of this section is to provide a marine and estuarine habitat vulnerability ranking. The marine and estuarine habitats present in the state are:(a) Classified into thirty-seven types based on substrate type, energy regime and depth of occurrence; and(b) Relatively …

(1) Each of the marine and estuarine subregions of state waters established in WAC 173-183-400(2) is relatively ranked and scored for marine bird vulnerability to oil spills on a 1 to 5 scale for each season, where a score of 5 represents the greatest vulnerability and a score of…

(1) Each of the subregions designated in WAC 173-183-430 is relatively ranked and scored for marine fisheries vulnerability to oil spills on a 1 to 5 scale for each season where 5 represents the most vulnerable ranking and 1 represents the least vulnerable ranking.(2) The marine …

(1) Each of the subregions designated in WAC 173-183-430 is relatively ranked and scored for shellfish vulnerability to oil spills on a 1 to 5 scale for each season where 5 represents the most vulnerable ranking and 1 represents the least vulnerable ranking.(2) Shellfish vulnerab…

(1) The salmon vulnerability ranking is based on seasonal habitat preference of juveniles during outmigration, adults as they return to spawn and the presence of oil in river mouths during peak occurrence of salmon runs. The salmon vulnerability ranking was developed from existin…

(1) Each of the marine and estuarine subregions of state waters designated in WAC 173-183-400(2) is relatively ranked and scored for marine mammal vulnerability to oil spills on a 1 to 5 scale for each season where 5 represents the greatest vulnerability and 1 represents the leas…

(1) Each of the marine and estuarine subregions of state waters designated in WAC 173-183-400(2) are relatively ranked and scored for recreation vulnerability on a 1 to 5 scale for each season where a score of 5 represents the greatest vulnerability and a score of 1 represents th…

(1) The purpose of this section is to describe the method of ranking vulnerability of the Columbia River estuary environment to oil spills for purposes of assessing damages using the compensation schedule.(2) The Columbia River estuary has been distinguished from other estuarine …

(1) The purpose of this section is to describe the method of ranking the vulnerability of state freshwater stream, river, and lake environments, and portions thereof, to oil spills for purposes of applying the compensation schedule.(2) Vulnerability of freshwater stream, river, a…

(1) For purposes of this chapter, freshwater streams, rivers, lakes, and portions thereof, are classified into 5 water types based on the identification system set forth in WAC 222-16-030 which is incorporated by reference.(a) "Type 1 Water" means all waters, within their ordinar…

(1) Most state freshwaters vary to some degree from the natural condition as increased activities within individual watersheds have decreased stream, river, and/or lake habitat quality. In order to account for that degradation prior to assessing damages using the compensation sch…

(1) The purpose of this section is to describe the method of ranking the vulnerability of freshwater wetland environments to oil spills for purposes of assessing damages by applying the compensation schedule.(2) Vulnerability of freshwater wetland environments to oil spills is ba…

(1) Freshwater wetland environments and portions thereof, are classified into 4 types based on the identification system set forth below.(a) Category I wetlands. The following types of wetlands are classed as category I wetlands:(i) Documented habitat for threatened or endangered…