Washington Administrative Code

The following definitions are intended to facilitate the use of chapter 173-201A WAC:"1-DMax" or "1-day maximum temperature" is the highest water temperature reached on any given day. This measure can be obtained using calibrated maximum/minimum thermometers or continuous monitor…

The following uses are designated for protection in fresh surface waters of the state. Use designations for water bodies are listed in WAC 173-201A-600 and 173-201A-602.(1) Aquatic life uses. Aquatic life uses are designated based on the presence of, or the intent to provide prot…

The following uses are designated for protection in marine surface waters of the state of Washington. Use designations for specific water bodies are listed in WAC 173-201A-612.(1) Aquatic life uses. Aquatic life uses are designated using the following general categories. It is re…

(1) The following table shall be used to aid in establishing nutrient criteria:(Table 230(1)) The ecoregional and trophic-state action values for establishing nutrient criteria:Coast Range, Puget Lowlands, and Northern Rockies Ecoregions: Trophic StateIf Ambient TP (µg/l)Range of…

(1) Toxic substances shall not be introduced above natural background levels in waters of the state which have the potential either singularly or cumulatively to adversely affect characteristic water uses, cause acute or chronic toxicity to the most sensitive biota dependent upon…

(1) Deleterious concentrations of radioactive materials for all classes shall be as determined by the lowest practicable concentration attainable and in no case shall exceed:(a) 1/12.5 of the values listed in WAC 246-221-290 (Column 2, Table II, effluent concentrations, rules and…

(1) Natural and irreversible human conditions.(a) It is recognized that portions of many water bodies cannot meet the assigned aquatic life criteria due to the natural conditions of the water body. When a water body does not meet its assigned aquatic life criteria due to natural …

(1) The antidegradation policy is guided by chapter 90.48 RCW, Water Pollution Control Act, chapter 90.54 RCW, Water Resources Act of 1971, and 40 C.F.R. 131.12.(2) The purpose of the antidegradation policy is to:(a) Restore and maintain the highest possible quality of the surfac…

(1) Existing and designated uses must be maintained and protected. No degradation may be allowed that would interfere with, or become injurious to, existing or designated uses, except as provided for in this chapter.(2) For waters that do not meet assigned criteria, or protect ex…

(1) Whenever a water quality constituent is of a higher quality than a criterion designated for that water under this chapter, new or expanded actions within the categories identified in subsection (2) of this section that are expected to cause a measurable change in the quality …

Where a high quality water is designated as an outstanding resource water, the water quality and uses of those waters must be maintained and protected. As part of the public process, a qualifying water body may be designated as Tier III(A) which prohibits any and all future degra…

(1) Table 332 lists waterbodies designated as Tier III(A) or Tier III(B) outstanding resource waters. Waterbodies are designated in accordance with WAC 173-201A-330.(2) The coordinates listed in Table 332 are defined in the North American 1983 Datum High Accuracy Reference Networ…

(1) The allowable size and location of a mixing zone and the associated effluent limits shall be established in discharge permits, general permits, or orders, as appropriate.(2) A discharger shall be required to fully apply AKART prior to being authorized a mixing zone.(3) Mixing…

The criteria and special conditions established in WAC 173-201A-200 through 173-201A-260, 173-201A-320, 173-201A-602 and 173-201A-612 may be modified for a specific water body on a short-term basis (e.g., actual periods of nonattainment would generally be limited to hours or days…

(1) General provisions. Variances for individual facilities, a group of facilities, or stretches of waters may be issued for the criteria and designated uses established in WAC 173-201A-200 through 173-201A-260 and 173-201A-600 through 173-201A-612. The following conditions apply…

(1) Where the existing and designated uses for the water body would be fully protected using an alternative criterion, site-specific criteria may be adopted.(a) The site-specific criterion must be consistent with the federal regulations on protecting uses (currently 40 C.F.R. 131…

(1) Removal of a designated use for a water body assigned in this chapter must be based on a use attainability analysis (UAA). A UAA is a structured scientific assessment of the factors affecting the attainment of the use which may include physical, chemical, biological, and econ…

(1) A water quality offset occurs where a project proponent implements or finances the implementation of controls for point or nonpoint sources to reduce the levels of pollution for the purpose of creating sufficient assimilative capacity to allow new or expanded discharges. The …

(1) General provisions. The following provisions apply to the consideration of intake credits in determining reasonable potential and establishing water quality based effluent limits (WQBELs).(a) An "intake pollutant" is the amount of a pollutant that is present in waters of the …

The performance-based approach may be used by the department to establish numeric criteria based on natural conditions that are fully protective of existing and designated aquatic life uses.(1) Aquatic life water quality criteria must be derived using the procedures referenced in…

To fully achieve and maintain the foregoing water quality in the state of Washington, it is the intent of the department to apply the various implementation and enforcement authorities at its disposal, including participation in the programs of the federal Clean Water Act (33 U.S…

(1) Permitting. The primary means to be used for controlling municipal, commercial, and industrial waste discharges shall be through the issuance of waste discharge permits, as provided for in RCW 90.48.160, 90.48.162, and 90.48.260. Waste discharge permits, whether issued pursua…

A continuing surveillance program, to ascertain whether the regulations, waste disposal permits, orders, and directives promulgated and/or issued by the department are being complied with, will be conducted by the department staff as follows:(1) Inspecting treatment and control f…

To insure that the provisions of chapter 90.48 RCW, the standards for water quality promulgated herein, the terms of waste disposal permits, and other orders and directives of the department are fully complied with, the following enforcement tools will be relied upon by the depar…

(1) All surface waters of the state not named in Table 602 are to be protected for the designated uses of: Salmonid spawning, rearing, and migration; primary contact recreation; domestic, industrial, and agricultural water supply; stock watering; wildlife habitat; harvesting; com…

(1) Table 602 lists uses for fresh waters. All surface waters of the state have designated uses assigned to them for protection under this chapter. Table 602 lists use designations for specific fresh waters. Fresh waters not assigned designated uses in Table 602 have their design…

All marine surface waters have been assigned specific uses for protection under Table 612.Table 610 (Key to Table 612)AbbreviationGeneral DescriptionAquatic Life Uses:(see WAC 173-201A-210(1))Extraordinary QualityExtraordinary quality. Water quality of this use class shall marked…

(1) Table 612 lists uses for marine waters. Only the uses with the most stringent criteria are listed. The criteria notes in Table 612 take precedence over the criteria in WAC 173-201A-210 for the same parameter.(2) All marine waters listed in Table 612 are protected for the misc…

(1) This chapter is promulgated under the authority of chapter 90.48 RCW, the Water Pollution Control Act; chapter 70.105D RCW, the Model Toxics Control Act; chapter 90.70 RCW, the Puget Sound Water Quality Authority Act; chapter 90.52 RCW, the Pollution Disclosure Act of 1971; c…

(1) The sediment quality standards of WAC 173-204-300 through 173-204-315, and 173-204-350, and the sediment cleanup standards of WAC 173-204-500 through 173-204-575 shall apply to all surface sediments.(2) The sediment quality standards of WAC 173-204-320, 173-204-330, and 173-2…

(1) Antidegradation policy. The antidegradation policy of the state of Washington as generally guided by chapters 90.48 and 90.54 RCW, is applicable to any person's new or increased activity and shall apply to this chapter as follows:(a) Existing beneficial uses shall be maintain…

The department shall implement this chapter in accordance with the following policies:(1) The department shall seek to implement, and as necessary modify this chapter to protect biological resources and human health consistent with WAC 173-204-100(2). To implement the intent of t…

For the purpose of this chapter, the following definitions shall apply unless the context indicates otherwise:(1) "Acute" means measurements of biological effects using surface sediment bioassays conducted for time periods that are relatively short in comparison to the life cycle…

The sediment quality standards of WAC 173-204-320 through 173-204-340 include chemical concentration criteria, biological effects criteria, human health criteria, other toxic, radioactive, biological, or deleterious substances criteria, and nonanthropogenically affected sediment …

Any person may use these procedures to determine a sediment's designation using the applicable sediment quality standards of WAC 173-204-320 through 173-204-340. Any person who designates test sediments using the procedures of this section shall meet the sampling and testing plan…

(1) The following five acute and chronic effects biological tests shall be used to confirm designation of Puget Sound marine sediments using the procedures described in WAC 173-204-310(2). Use of alternate biological tests shall be subject to the review and approval of the depart…

(1) Goal and applicability.(a) The sediment quality standards of this section shall correspond to a sediment quality that will result in no adverse effects, including no acute or chronic adverse effects on biological resources and no significant health risk to humans.(b) The mari…

Reserved: The department shall determine on a case-by-case basis the criteria, methods, and procedures necessary to meet the intent of this chapter.[Statutory Authority: Chapters 43.21C, 70.105D, 90.48, 90.52, 90.54 and 90.70 RCW. WSR 91-08-019 (Order 90-41), § 173-204-330, filed…

Reserved: The department shall determine on a case-by-case basis the criteria, methods, and procedures necessary to meet the intent of this chapter.[Statutory Authority: Chapters 43.21C, 70.105D, 90.48, 90.52, 90.54 and 90.70 RCW. WSR 91-08-019 (Order 90-41), § 173-204-340, filed…

(1) The department shall gather available data on sediments and produce an inventory of sediment sampling stations which pass or fail the applicable sediment quality standards of WAC 173-204-320 through 173-204-340. Sediment sampling stations which are evaluated for compliance wi…

(1) The standards of WAC 173-204-400 through 173-204-420 specify a process for managing sources of sediment contamination. These procedures include:(a) Evaluating the potential for a waste discharge to create a sediment impact;(b) Requiring application for a sediment impact zone …

(1) Goal and policies.(a) It is the established goal of the department to manage source control activities to reduce and ultimately eliminate adverse effects on biological resources and significant health threats to humans from sediment contamination.(b) The stated policy of the …

(1) Purpose. This section sets forth the applicability of this chapter to marine finfish rearing facilities only. This section also identifies marine finfish rearing facility siting, operation, closure and monitoring requirements to meet the intent of this chapter, as applicable.…

The purpose of this section is to set forth the standards for establishment, maintenance, and closure of sediment impact zones to meet the intent of sediment quality dilution zones authorized pursuant to RCW 90.48.520, except for sediment impact zones authorized under WAC 173-204…

This section establishes minor adverse effects as the maximum chemical contaminant concentration, maximum health risk to humans, maximum biological effects level, maximum other toxic, radioactive, biological, or deleterious substance level, and maximum nonanthropogenically affect…

(1) Applicability.(a) This part is promulgated under the authority of chapter 70.105D RCW, the Model Toxics Control Act. This part establishes requirements for identifying, investigating, and cleaning up a release or threatened release of a contaminant to sediment that may pose a…

For purposes of this part, in cases where a definition does not exist in this part or WAC 173-204-200 the definitions in chapter 173-340 WAC will apply unless the context indicates otherwise. For the purpose of this part, the following definitions shall apply:(1) "Active cleanup …

(1) Data analysis. The department shall analyze sediment sampling data to identify station clusters of potential concern and station clusters of low concern. Station clusters of potential concern shall be further evaluated using the hazard assessment standards of WAC 173-204-520.…

(1) Purpose. A hazard assessment shall be performed to gather existing and available information to further characterize each station cluster of potential concern identified per WAC 173-204-510.(2) Hazard assessment requirements. On-site dischargers, lessees, landowners, and adja…

(1) Purpose. The department shall prepare and maintain a list of contaminated sediment sites in the order of their relative risk to human health and the environment. From this list, the department shall select sites where action shall be taken.(2) Site evaluation. The department …