Washington Administrative Code

(1) An application for a substantial development permit for a limited utility extension or for the construction of a bulkhead or other measures to protect a single-family residence and its appurtenant structures from shoreline erosion shall be subject to all of the requirements o…

(1) Permit review time for projects on a state highway. Pursuant to RCW 47.01.485, the legislature established a target of ninety days review time for local governments.(2) Optional process allowing construction to commence twenty-one days after date of filing. Pursuant to RCW 90…

(1) All applications for a permit or a permit revision shall be submitted to the department by return receipt requested mail upon a final decision by local government. Final decision by local government shall mean the order or ruling, whether it be an approval or denial, which is…

(1) No authorization to undertake use or development on shorelines of the state shall be granted by the local government unless upon review the use or development is determined to be consistent with the policy and provisions of the Shoreline Management Act and the master program.…

(1) A substantial development permit shall be granted only when the development proposed is consistent with:(a) The policies and procedures of the act;(b) The provisions of this regulation; and(c) The applicable master program adopted or approved for the area. Provided, that wher…

The purpose of a conditional use permit is to provide a system within the master program which allows flexibility in the application of use regulations in a manner consistent with the policies of RCW 90.58.020. In authorizing a conditional use, special conditions may be attached …

The purpose of a variance permit is strictly limited to granting relief from specific bulk, dimensional or performance standards set forth in the applicable master program where there are extraordinary circumstances relating to the physical character or configuration of property …

A complete application for a substantial development, conditional use, or variance permit shall contain, as a minimum, the following information:(1) The name, address and phone number of the applicant. The applicant should be the owner of the property or the primary proponent of …

(1) Each permit for a substantial development, conditional use or variance, issued by local government shall contain a provision that construction pursuant to the permit shall not begin and is not authorized until twenty-one days from the date of filing as defined in RCW 90.58.14…

(1) After local government approval of a conditional use or variance permit, local government shall submit the permit to the department for the department's approval, approval with conditions, or denial. The department shall render and transmit to local government and the applica…

Pursuant to RCW 90.58.100(5) and 90.58.140(3), the criteria contained in WAC 173-27-160 and 173-27-170 for shoreline conditional use and variance permits shall constitute the minimum criteria for review of these permits by local government and the department. Local government and…

(1) Purpose of section. In adopting RCW 90.58.580, the legislature found that restoration of degraded shoreline conditions is important to the ecological function of our waters. However, restoration projects that shift the location of the shoreline can inadvertently create hardsh…

All requests for review of any final permit decisions under chapter 90.58 RCW and chapter 173-27 WAC are governed by the procedures established in RCW 90.58.180 and chapter 461-08 WAC, the rules of practice and procedure of the shorelines hearings board.[Statutory Authority: RCW …

This part is adopted under RCW 90.58.200 and 90.58.210 to implement the enforcement responsibilities of the department and local government under the Shoreline Management Act. The act calls for a cooperative program between local government and the state. It provides for a variet…

The definitions contained in WAC 173-27-030 shall apply in this part also except that the following shall apply when used in this part of the regulations:(1) "Permit" means any form of permission required under the act prior to undertaking activity on shorelines of the state, inc…

These regulations should be used by local government in carrying out enforcement responsibilities under the act, unless local government adopts separate rules to implement the act's enforcement provision.Enforcement action by the department or local government may be taken whenev…

Local government and/or the department shall have the authority to serve upon a person a cease and desist order if an activity being undertaken on shorelines of the state is in violation of chapter 90.58 RCW or the local master program.(1) Content of order. The order shall set fo…

(1) A person who fails to conform to the terms of a substantial development permit, conditional use permit or variance issued under RCW 90.58.140, who undertakes a development or use on shorelines of the state without first obtaining a permit, or who fails to comply with a cease …

(1) Right of appeal. Persons incurring a penalty imposed by the department or imposed jointly by the department and local government may appeal the same to the shorelines hearings board. Appeals to the shorelines hearings board are adjudicatory proceedings subject to the provisio…

The procedures for criminal penalties shall be governed by RCW 90.58.220.[Statutory Authority: RCW 90.58.140(3) and [90.58].200. WSR 96-20-075 (Order 95-17), § 173-27-300, filed 9/30/96, effective 10/31/96.]

Persons violating the provisions of RCW 90.58.550 or chapter 173-15 WAC shall be subject to a civil penalty issued by the department in an amount of up to five thousand dollars a day. The procedures for oil or natural gas exploration penalties shall be governed by RCW 90.58.560.[…

Appendix AShoreline Management ActPermit Data Sheet and Transmittal LetterFrom:(local government) To:(appropriate Ecology office) Date of Transmittal: Date of Receipt:(provided by Ecology)Type of Permit: (Indicate all that apply) Substantial Development ; Conditional Use ; Varian…

(1) Purpose. The purpose of this chapter is to:(a) Control highway runoff into waters of the state to the maximum extent possible under state law;(b) Establish procedures and criteria for WSDOT's highway runoff program mandated by the Puget Sound water quality management plan pur…

The definitions in this section apply to this chapter unless the context requires otherwise.(1) "Average daily traffic" or "ADT" means the total traffic volume during a given time period (in whole days) greater than one day and less than one year divided by the number of days in …

(1) Approved manual required. Six months after the effective date of ecology's stormwater management manual or six months after the effective date of this chapter, whichever is later, WSDOT shall submit to ecology a highway runoff manual. If WSDOT proposes to adopt a manual other…

(1) General. The purposes of vegetation management in highway rights of way are to establish and maintain stable plant communities that resist encroachment by undesirable plants, noxious weeds, and other pests; meet WSDOT operational, health, natural resources, and environmental …

WSDOT shall incorporate BMPs in all new construction projects for which design is started after the effective date of this chapter. For projects that are being designed or constructed when this chapter becomes effective, WSDOT shall implement BMPs to the maximum extent practicabl…

(1) Inventory required. WSDOT shall prepare and maintain an inventory of all state highways in the Puget Sound basin. The purpose of the inventory is to determine where water quality BMPs need to be installed, to assist identification of priority projects, and to provide a basis …

(1) BMP effectiveness monitoring.(a) Monitoring procedures. WSDOT shall formulate and implement monitoring procedures for each type of BMP employed. The procedures shall include a quality assurance and control plan.(b) Waivers. After application by WSDOT, ecology may grant a waiv…

(1) Biennial report required. WSDOT shall prepare and submit to ecology a report by September 30 of each odd-numbered year beginning September 30, 1991.(2) Content of report. The biennial report shall include, but is not limited to:(a) Monitoring report for both approved and expe…

Water quality requirements of this chapter shall be enforced through all methods available to ecology, including, but not limited to, those described in chapter 90.48 RCW. For all nonwater quality shortfalls WSDOT shall submit written explanation to ecology, together with propose…

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

One of the basic requirements of the act relating to solid waste (chapter 431, Laws of 1989) is to have the owner or operator in responsible charge of a solid waste incinerator or solid waste landfill certified in the operation and maintenance of the facility. To achieve this, th…

(1) "Ash" means the residue and includes any air pollution flue dusts from combustion or incineration of material including solid wastes.Note:Please see definition for "special incinerator ash."(2) "Biomedical waste" means solid waste of the following types:(a) "Animal waste," wh…

(1) The state's solid waste advisory committee may establish a standing committee or act as a committee of the whole to serve as a board of advisors created under RCW 70.95D.050.Duties of the board of advisors may include:(a) Act as an advisory committee to the department and sha…

The department shall furnish necessary staff services and facilities required by the board of advisors.[Statutory Authority: Chapter 70.95D RCW and RCW 70.95.710. WSR 91-01-093, § 173-300-040, filed 12/18/90, effective 1/1/91.]

(1) It is unlawful to operate a solid waste incineration facility without a certified operator in responsible charge on-site during all hours of operation.(2) All other operational employees are to be encouraged to become certified on a voluntary basis.[Statutory Authority: Chapt…

(1) It is unlawful to operate the following types of landfills without an on-site certified landfill operator in responsible charge during all hours of operation when accepting waste, and during the closure phase of the facility. The operator's specific role in the closure phase …

(1) Any person who is employed by a public agency to inspect the operation of a landfill or incinerator described under this chapter to determine the compliance of the facility with state or local laws or rules shall receive, in addition to the successful completion of the traini…

Notwithstanding any provision of this chapter, the department may enter into contracts with any individual, firm, association, or corporation to conduct certification, training, testing, and recertification under this chapter. Provided, that such individual, firm, association or …

(1) An application for incineration, landfill operator, or inspector certification must be filed with the department or its designee. The department or its designee shall make application forms available upon request.(2) Upon receipt of the completed application and application f…

(1) The department or its designee shall prepare or cause to be prepared educational materials and opportunities to fulfill requirements of WAC 173-300-080(2) to help develop the skills necessary to operate a solid waste incinerator or solid waste landfill according to state and …

Except as provided for in WAC 173-300-080(4), the term for any certificate or renewal thereof is three years from the date of issuance.[Statutory Authority: Chapter 70.95 RCW. WSR 06-14-024 (Order 05-13), § 173-300-100, filed 6/26/06, effective 7/27/06. Statutory Authority: 1989 …

(1) Except as provided in WAC 173-300-080(4), all certificates held by incinerator operators, landfill operators, and inspectors are renewable upon presentation of evidence that the certificate holder successfully completed renewal requirements.(2) The department or its designee …

(1) For examinations, certifications, or renewals administered by the department:(a) A fee of $50.00 for each examination administered by the department shall accompany the application for examination.(b) After an applicant successfully completes the examination and is notified b…

(1) When a certificate is not renewed, the certificate, upon notice by the director or its designee, must be suspended for sixty days.(a) If renewal of the certificate is not completed during the suspension period, the director or its designee shall mail a written notice of revoc…

The director may, with the approval of the board of advisors, waive examinations for applicants who hold valid incinerator or landfill operators certificates, or inspector certificates issued by other states, a province, the federal government, or a professional association that …

It is unlawful for any person, firm, corporation, municipal corporation, or other governmental subdivision or agency to operate a solid waste incineration or landfill facility unless an operator in responsible charge is duly certified by the director under this chapter or any law…

Any person, including any firm, corporation, municipal corporation, or other governmental subdivision or agency, with the exception of incinerator operators, who violates any provision of this chapter, is guilty of a misdemeanor. Incinerator operators who violate any provision of…

Decisions of the director under this chapter may be appealed within thirty days from the date of notice thereof to the pollution control hearings board under chapter 43.21B RCW and chapter 370-08 WAC.[Statutory Authority: 1989 c 431. WSR 00-19-017 (Order 00-16), § 173-300-170, fi…