Washington Administrative Code

(1) Purpose. This section describes the authorities and administrative options that may be used to address a release or threatened release of a contaminant to sediment that may pose a threat to human health or the environment. This section also describes the process for selecting…

(1) Purpose. The purpose of a remedial investigation/feasibility study is to collect, develop, and evaluate sufficient information regarding a site or sediment cleanup unit for the department to establish sediment cleanup standards and select a cleanup action under this part.(2) …

(1) Applicability and purpose. This section specifies the methods for establishing sediment cleanup standards under chapter 70.105D RCW for sites where there has been a release or threatened release of contaminants to sediment.(2) Sediment cleanup levels. The sediment cleanup lev…

(1) Applicability. This section defines sediment cleanup objectives and cleanup screening levels for contaminants based on protection of human health. They are used to:(a) Identify and assess the hazard of sites under WAC 173-204-510 and 173-204-520; and(b) Establish sediment cle…

(1) Applicability. This section defines sediment cleanup objectives and cleanup screening levels for contaminants based on protection of the benthic community in marine and low salinity sediment. They are used to:(a) Identify and assess the hazard of sites under WAC 173-204-510 a…

(1) Applicability. This section defines sediment cleanup objectives and cleanup screening levels for contaminants based on protection of the benthic community in freshwater sediment. They are used to:(a) Identify and assess the hazard of sites under WAC 173-204-510 and 173-204-52…

(1) Applicability. This section defines sediment cleanup objectives and cleanup screening levels for contaminants based on protection of species at trophic levels not addressed in WAC 173-204-562 and 173-204-563 (hereafter called "higher trophic level species"). They are used to …

(1) Purpose. This section establishes the minimum requirements and criteria for selecting sediment cleanup actions under chapter 70.105D RCW. This section applies both to sediment-only cleanup sites and to the sediment portion of any combined upland and sediment cleanup site.(2) …

(1) Purpose. The department shall use the remedial investigation/feasibility study report and other appropriate information to establish sediment cleanup standards and select cleanup actions for a site or sediment cleanup unit. These decisions must be consistent with this part an…

(1) Applicability. This section specifies requirements governing the establishment and monitoring of sediment recovery zones. Sediment recovery zones are required at sites and sediment cleanup units where:(a) The department has determined under WAC 173-204-570 that the selected c…

(1) Applicability. These standards apply to:(a) Any person who samples sediments to determine compliance with this chapter;(b) Any person who makes application to the department for authorization of a sediment impact zone under the standards of WAC 173-204-400 through 173-204-420…

(1) Applicability. These standards apply to:(a) Any person who samples sediments to determine compliance with this chapter;(b) Any person who makes application to the department for authorization of a sediment impact zone under the standards of WAC 173-204-400 through 173-204-420…

If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter or the application of the provision to other persons or circumstances shall not be affected.[Statutory Authority: Chapters 43.21C, 70.105D, 90.48, 90.5…

The purpose of this chapter is to establish a procedure for deriving whole effluent toxicity limits in accordance with RCW 90.48.520, 40 C.F.R. 122.44(d), and 40 C.F.R. 122.44(e) for inclusion into National Pollutant Discharge Elimination System (NPDES) permits to protect aquatic…

"Acute critical effluent concentration" means the maximum concentration of effluent during critical conditions at the boundary of the zone of acute criteria exceedance assigned in accordance with WAC 173-201A-100. The boundary may be based on distance or a percentage of flow. Whe…

The requirements in this chapter shall apply to all NPDES permits issued by the department of ecology (department).(1) The department shall evaluate all NPDES permit applications in accordance with WAC 173-205-040 to determine if the discharge needs an effluent characterization f…

(1) A discharge from a facility is considered to have a risk for aquatic toxicity and to need an effluent characterization for acute and chronic whole effluent toxicity if the facility or discharge meet any of the following criteria:(a) Uses, stores, produces as a product or wast…

(1) The department shall require dischargers meeting the risk definition of WAC 173-205-040(1) to characterize the effluent for toxicity during permit application or during the first year of the permit term.(a) Each effluent sample during effluent characterization shall be tested…

(1) A permittee that has not been assigned a whole effluent toxicity limit because of attaining the performance standards described in WAC 173-205-050 (2)(a) or 173-205-120(1) will not be required to conduct a new effluent characterization in accordance with WAC 173-205-050(1) un…

(1) A discharge is in compliance with the narrative water quality standard for acute toxicity when the most recent acute toxicity test has shown no statistically significant difference in response between the acute critical effluent concentration and a control.(a) Acute toxicity …

(1) All samples taken for whole effluent toxicity testing shall be handled as specified in the permit and in any EPA manuals referenced in the permit.(a) No attempts shall be made before or during the whole effluent toxicity test to modify the sample to remove or otherwise change…

(1) If a toxicity test result fails the compliance test described in WAC 173-205-070, then the permittee shall take a new sample as soon as possible for retesting and begin additional monitoring unless the permittee chooses the option in subsection (4) of this section. (a) If the…

(1) If only the routine compliance monitoring toxicity test which initiated the additional monitoring described in WAC 173-205-090 fails the compliance test, then the toxicity can be considered as transient and the discharger shall:(a) Search all recent facility records which mig…

(1) If, in performing a toxicity identification/reduction evaluation, four consecutive acute or chronic toxicity samples taken over at least one month are not sufficiently toxic to perform the toxicity identification/reduction evaluation, then the department may approve the inter…

(1) Whole effluent toxicity limits assigned pursuant to WAC 173-205-050(2) are eligible for removal upon permit renewal if:(a) The permittee has demonstrated compliance with the whole effluent toxicity performance standard associated with that limit for a minimum of three consecu…

(1) In accordance with RCW 90.48.520 and 40 C.F.R. 122.44(e), the department shall evaluate all applications for an NPDES permit to determine whether the applicant is applying all known, available, and reasonable methods of prevention, control, and treatment of toxicants.(2) The …

RCW 90.48.165 empowers the department of ecology, as successor to the water pollution control commission to grant to any city, town, or municipal corporation operating a sewerage system including treatment facilities the authority to issue permits for the discharge of wastes into…

The purpose of this chapter is to set forth the procedures and criteria for the granting of authority for the administration of the permit program of RCW 90.48.160 as it pertains to waste discharges into publicly operated sewerage systems to the governing bodies of cities, towns,…

(1) The department encourages qualified cities, towns, and other municipal corporations to apply for a grant of authority to conduct and operate a permit system for the regulation of commercial and industrial waste discharges into their sewerage systems in accordance with RCW 90.…

As used in this chapter:(1) "Applicant" shall mean that municipality applying to the department for authority to administer the permit program pursuant to RCW 90.48.165.(2) "Application for authorization" shall mean that application submitted by a municipality seeking permit-issu…

No particular form shall be required for an application for authorization. No such decision shall be made on any such application, however, unless the applicant supplies to the department:(1) A request from the municipality seeking authority to conduct a permit program for the di…

(1) Upon receipt of any application for authorization, the department shall review such application, and if necessary, require additional information to make a determination thereon.(2) Upon notification by the department that all information required by it has been received, the…

(1) Authority granted hereunder shall be limited to the administration of the permit program within applicant's jurisdictional boundaries as now existing or as hereafter changed.(2) Grants of authority to municipalities hereunder shall be limited to the conduct of a permit progra…

Any municipality to which permit authority has been granted hereunder may use its own application and permit forms when the same have been approved by the department.[Order DE 75-10, § 173-208-080, filed 4/30/75.]

(1) It is contemplated that various applicants may present to the department differing regulatory criteria designed to cope with particular local needs and conditions. For the purposes of determining whether an applicant intends to administer the permit program in accordance with…

Whenever the department shall determine that a municipality to which a grant of authority has been made hereunder is not administering the permit system in accordance with an approval order issued hereunder, state and/or federal water pollution control acts and regulations or the…

It is the objective of the department to place reliance for internal system controls upon any municipality granted authority hereunder and to avoid complex procedures for the measuring and evaluating the effectiveness of a municipal permit system, insofar as is consistent with st…

Any person aggrieved by a final ruling by a municipality upon an application for a permit or violations of the same under a delegated program may obtain review thereof by filing an appeal, within thirty days, with the pollution control hearings board, pursuant to chapter 43.21B R…

(1) The purpose of this chapter is to implement a state permit program, applicable to the discharge of waste materials from industrial, commercial, and municipal operations into ground and surface waters of the state and into municipal sewerage systems. However, this regulation d…

(1) It shall be the policy of the department in carrying out the requirements of this chapter, to maintain the highest possible standards to ensure the purity of all waters of the state and to require the use of all known, available and reasonable methods to prevent and control t…

For the purposes of this chapter the following definitions shall be applicable:(1) "Beneficial uses" shall include, but not be limited to, use for domestic water, irrigation, fish, shellfish, game, and other aquatic life, municipal, recreation, industrial water, generation of ele…

(1) No waste materials may be discharged from any commercial or industrial operation into waters of the state, or into any municipal sewerage system, nor may waste materials be discharged from any municipal sewerage system into waters of the state, except as authorized pursuant t…

(1) The following discharges are not subject to permits under this chapter:(a) Discharges to municipal sewerage systems of domestic wastewater from residential, commercial, or industrial structures.(b) Any industrial or commercial discharge to a municipal sewerage system for whic…

(1) The discharge restrictions and prohibitions of dangerous waste regulations, chapter 173-303 WAC shall apply to this chapter.(2) In addition, the following are prohibited:(a) The discharge into a municipal sewerage system of substances prohibited from such discharge by section…

(1) Any person not exempt under WAC 173-216-050, who proposes to discharge waste materials into waters of the state or into a municipal sewerage system, must file an application with the department at least sixty days prior to discharging, or in the case of an expiring permit, at…

(1) Any information submitted pursuant to this chapter may be claimed as confidential by the applicant. Any such claim must be asserted at the time of application or notification by placing the words "confidential business information" or similar words, on each page containing su…

(1) The applicant shall publish notice for each application in such a manner to inform and seek comments from interested and potentially interested persons.(2) The public notice shall be in a form provided by the department and shall include at least the following:(a) Name, addre…

(1) Any interested person may request a public hearing with respect to permit applications for which notice is required pursuant to WAC 173-216-090. Any such request for a public hearing shall be filed within the thirty-day period prescribed in WAC 173-216-090(6) and shall indica…

(1) Any permit issued by the department shall specify conditions necessary to prevent and control waste discharges into the waters of the state, including the following, whenever applicable:(a) All known, available, and reasonable methods of prevention, control, and treatment;(b)…

(1) A permit is automatically transferred to a new owner or operator if:(a) A written agreement between the old and new owner or operator containing a specific date for transfer of permit responsibility, coverage, and liability is submitted to the department; and(b) The departmen…