Washington Administrative Code

(1) Which types of upland finfish facilities need a wastewater discharge permit?(a) A permit is required for:(i) All facilities which produce more than 20,000 net pounds of finfish a year; or(ii) Feeds more than 5,000 pounds of fish food during any calendar month; or(iii) Is desi…

(1) This rule sets waste discharge standards for finfish rearing facilities located within marine waters as required by RCW 90.48.220. Net-pens, floating raceways, closed bag, and barge systems are some examples of finfish rearing facilities covered by this section.(2) Which type…

This chapter shall be enforced through all legal, equitable, and other methods available to the department, including, but not limited to those described in chapter 90.48 RCW.[Statutory Authority: Chapter 90.48 RCW. WSR 90-14-078 (Order 90-11), § 173-221A-150, filed 7/3/90, effec…

The purpose of this chapter is to establish a fee system for state waste discharge and NPDES permits issued by the department pursuant to RCW 90.48.160, 90.48.162, or 90.48.260. RCW 90.48.465 directs the department to base fees on factors related to the complexity of permit issua…

This chapter applies to all persons holding or applying for a state waste discharge or NPDES permit issued by the department pursuant to RCW 90.48.160, 90.48.162, or 90.48.260, including persons holding permits that remain in effect under WAC 173-216-040, 173-220-180, or 173-226-…

The following definitions apply to this chapter.(1) "Administrative expenses" means those costs associated with issuing and administering permits under RCW 90.48.160, 90.48.162, and 90.48.260.(2) "Aluminum forming" means the deformation of aluminum or aluminum alloys into specifi…

(1) Application fee. In addition to an annual fee, first time individual permit applicants must pay a nonrefundable application fee of 25 percent of the annual permit fee, or $275, whichever is greater. An application fee is assessed for RCRA corrective action sites regardless of…

(1) The department assesses annual permit fees based on the permit fee schedule in WAC 173-224-040. The department issues invoices at the beginning of the fiscal year to which they apply. The department will notify permit holders of annual permit fee charges by either sending an …

The department shall not charge permit fees for:(1) Permits issued by a city, town, or municipal corporation under RCW 90.48.165;(2) Permits issued by the energy facilities site evaluation council under RCW 80.50.071;(3) Permits administered by the EPA under 33 U.S.C. 1251 et seq…

In the event a permit is transferred, the department shall not refund permit fees. Fees paid by a previous permit holder shall be applied to the corresponding fee payment requirements of a new permit holder. Unpaid permit fees owed by a previous permit holder are the liability of…

Facilities covered under the construction stormwater general and individual permits, and the industrial stormwater general permits are not eligible to apply for a fee reduction under this section.(1) Market research and development.(a) To qualify for the market research and devel…

Any person aggrieved by a determination made under this chapter by the department may file a written appeal to the department no later than each fiscal year's first billing due date for payment of fees. Such appeal shall state the reasons that the aggrieved person believes that t…

The department shall deposit permit fee payments in the water quality permit account in the state treasury. Funds collected shall not be available for use by the department until appropriated by the legislature.[Statutory Authority: Chapter 43.21A RCW. WSR 89-12-027 and 90-07-015…

Section 401 of the Federal Water Pollution Control Act (FWPCA) provides that applicants for a license or permit from the federal government relating to any activity which may result in any discharge into the navigable waters shall obtain a certification from the state in which th…

The purpose of this regulation is to establish procedures for public notice and public hearings in relation to the processing of applications for certification required by section 401 of the FWPCA.[Order 73-29, § 173-225-020, filed 11/15/73.]

Whenever an application for certification required by section 401 of FWPCA is filed with the department of ecology, the following procedures pertaining to public notice and public hearings shall apply:(1) Public notice of an application shall be performed in relation to all appli…

The purpose of this chapter is to establish a state general permit program, applicable to the discharge of pollutants, wastes, and other materials to waters of the state, including discharges to municipal sewerage systems. Permits issued under this chapter are designed to satisfy…

No pollutants shall be discharged to waters of the state from any point source, except as authorized by an individual permit issued pursuant to chapters 173-216 and 173-220 WAC, or as authorized through coverage under a general permit issued pursuant to this chapter. Coverage und…

For purposes of this chapter, the following definitions shall be applicable:(1) "Administrator" means the administrator of the United States Environmental Protection Agency.(2) "Application for coverage" means a form developed by, or approved by the department, which is used by a…

This chapter defines a waste discharge general permit program within Washington state. Chapters 173-216 and 173-220 WAC define and establish permit programs for the development and issuance of individual permits.[Statutory Authority: Chapter 90.48 RCW. WSR 93-10-099 (Order 92-55)…

(1) The director may issue general permits to satisfy any or all of the waste water discharge permit requirements of chapter 90.48 RCW and the FWPCA.(2) The director may issue general permits to cover categories of dischargers for geographic areas as described under subsection (3…

(1) For all general permits, the department shall make a preliminary determination to develop a general permit. Interested persons may petition the director requesting that a category of dischargers be considered for the development of a general permit. The department shall respo…

Any general permit issued by the department shall apply and insure compliance with all of the following, whenever applicable:(1) Technology-based treatment requirements and standards reflecting all known, available, and reasonable methods of prevention, treatment, and control req…

(1) In addition to the requirements of WAC 173-226-070, 173-226-090, and 173-226-180, each general permit shall require:(a) All discharges authorized by the general permit shall be consistent with the terms and conditions of the permit.(b) Any facility expansions, production incr…

(1) Monitoring.(a) Any discharge authorized by a general permit may be subject to such monitoring requirements as may be reasonably required by the department, including the installation, use, and maintenance of monitoring equipment or methods (including, where appropriate, biolo…

(1) No general permit issued by the department shall authorize any person to:(a) Discharge any radiological, chemical, or biological warfare agent or high-level radioactive waste into waters of the state;(b) Discharge any pollutants that the Secretary of the Army acting through t…

(1) The department shall prepare a fact sheet for every draft general permit determination. Such fact sheets shall summarize the following:(a) The type of facility or activity which is the subject of the general permit;(b) The geographical area for which the general permit is val…

(1) The department shall prepare an economic impact analysis on all draft general permits which are intended to directly cover small business. The economic impact analysis shall be prepared on the draft general permit for which public notice is being provided pursuant to WAC 173-…

The department shall provide public notice of all preliminary determinations to develop a general permit, all determinations not to develop a general permit after publishing such a preliminary determination, all draft general permit determinations, and the issuance of a final gen…

The department shall notify other appropriate government agencies of each draft general permit determination and shall provide such agencies an opportunity to submit their written views and recommendations. Such notification for NPDES and combined NPDES/state waste discharge gene…

(1) The department shall hold one or more public hearing(s) on all draft general permits. The public hearing shall be held during the public comment period provided pursuant to WAC 173-226-130 (3)(d).(2) The date, time, and place will be at the discretion of the department provid…

(1) In accordance with chapter 42.17 RCW and its published policy describing disclosure of public records, the department shall make identifiable public records relating to all general permits available to the public for inspection and copying.(2) The department shall designate a…

(1) At the close of the public comment period required pursuant to WAC 173-226-130 (3)(d) the department shall prepare a response to all relevant comments received (both written and oral) and shall briefly describe any changes, other than editing changes, and the principal reason…

(1) The department may establish schedules and permit conditions as necessary to achieve compliance with applicable effluent standards and limitations, water quality standards, and other legally applicable requirements contained in a general permit in any or all of the following …

(1) The terms and conditions of a general permit as they apply to the appropriate class of dischargers are subject to appeal within thirty days of issuance of a general permit in accordance with chapter 43.21B RCW.(2) The terms and conditions of a general permit, as they apply to…

(1) Following the public notice by the department of the issuance of a general permit, or at an alternate date as designated by the department, all dischargers who desire to be covered under the general permit shall notify the department of that fact on a form prescribed by the d…

Coverage under a general permit is automatically transferred to a new discharger if:(1) A written, signed agreement between the old and new discharger containing a specific date for transfer of permit responsibility, coverage, and liability is submitted to the director; and(2) Th…

(1) General permits shall be issued for fixed terms not exceeding five years from the effective date.(2) All permittees covered under a general permit shall submit a new application for coverage under a general permit or an application for an individual permit at least one hundre…

(1) A general permit may be modified, revoked and reissued, or terminated, during its term for cause including, but not limited to, the following:(a) A change occurs in the technology or practices for control or abatement of pollutants applicable to the category of dischargers co…

(1) The director may terminate coverage under a general permit for cause. Cases where coverage under a general permit may be terminated include, but are not limited to, the following:(a) Violation of any term or condition of the general permit;(b) Obtaining coverage under a gener…

(1) The department, with the assistance of the attorney general, may sue in courts of competent jurisdiction to enjoin any threatened or continuing violations of any general permits or conditions thereof without the necessity of a prior revocation of coverage under the general pe…

The purpose of this chapter is to establish no discharge zones for vessel sewage.[Statutory Authority: RCW 90.48.030, 90.48.035, 90.48.260, 33 U.S.C. § 1322. WSR 18-09-012 (Order 17-02), § 173-228-010, filed 4/9/18, effective 5/10/18.]

For purposes of this chapter, the following definitions are applicable:(1) "Commercial fishing vessels" means any vessel which is documented under the laws of the United States or, if under five net tons, registered under the laws of any state, and used for commercial fishing or …

The following are designated no discharge zones where all sewage, whether treated or not, from all vessels is prohibited:Puget Sound No Discharge Zone: All the marine waters of Washington state inward from the line between New Dungeness Lighthouse (N 48°10'54.454", 123°06'37.004"…

Vessel sewage must be managed in no discharge zones.(1) Vessels with installed and operable toilets must be in compliance with 40 C.F.R. Part 140 with the ability to hold or stop discharges of sewage while in a no discharge zone.(2) Vessels with marine sanitation devices must sec…

The Puget Sound No Discharge Zone applies to all vessels on the effective date of this rule except for:(1) Tug boats, commercial fishing vessels, small commercial passenger vessels, and National Oceanic and Atmospheric Administration (NOAA) research and survey vessels, which have…

Ecology may enforce this chapter by using any of the enforcement provisions in chapter 90.48 RCW. In addition, other federal, state and local agencies may provide enforcement, as authorized.[Statutory Authority: RCW 90.48.030, 90.48.035, 90.48.260, 33 U.S.C. § 1322. WSR 18-09-012…

"Activated sludge process" means a biological wastewater treatment process in which a mixture of wastewater and activated sludge is agitated and aerated. The activated sludge is subsequently separated from the treated wastewater by sedimentation or filtration and wasted or return…

(1) Purpose. The purpose of this regulation is to protect public health and the environment, including waters of the state, by ensuring wastewater treatment plants are properly operated and maintained. By requiring certification of wastewater treatment plant operators, the depart…

(1) This rule applies to wastewater treatment plant owners, all certified wastewater treatment plant operators, and those seeking certification.(2) The operator in responsible charge and the lead operator of a shift are required to hold valid certifications. (3) All individuals o…