Washington Administrative Code

(1) Ecology will develop guidance to assist in implementing this chapter.(2) Project solicitation. Ecology will provide notice of a new funding cycle, pursuant to WAC 173-566-110 at least once per biennium.(3) Application. Grant applications must contain sufficient information to…

(1) Ecology will announce the availability of funding opportunities for competitive grants. The announcement will include, at a minimum, a description of:(a) Purpose of the grants.(b) Funding cycle for the grants.(c) Amount of funding available or anticipated amount of funding av…

(1) All applicants must use the electronic system identified by ecology to apply for grants. Applicants without access to the electronic system must use a process approved by ecology.(2) The applicant must complete the application process and provide all required information, inc…

(1) Applicants may choose to divide projects into phases, particularly when each phase can be shown to benefit streamflow or instream resources. (2) Ecology reserves the right to divide a project into phases and fund initial project phase(s) due to funding availability and priori…

(1) Ecology will evaluate all complete applications submitted by the announced deadline.(2) Ecology will review applications to determine eligibility of the applicant under WAC 173-566-030, and whether the project meets the eligibility criteria.(3) For those grant applications de…

In addition to the evaluation of project quality described in WAC 173-566-140, ecology will give added priority to projects under each of the following three independent criteria:(1) Geographic location. Projects located in:(a) A planning WRIA identified in RCW 90.94.020 or 90.94…

(1) The purchase of all or a portion of a water right is eligible for funding if the following project elements are included:(a) Changing the water right purpose of use to instream flow under RCW 90.03.380.(b) Permanent conveyance of the water right to ecology to be held in the t…

Water storage projects eligible for funding include above ground storage and below ground storage, and can be within natural formations, or man-made. Examples include off-channel surface water storage, managed aquifer recharge, infiltration galleries or ponds, and cisterns.[Statu…

(1) Water management and infrastructure improvement projects eligible for funding involve changes in how and when water is diverted, withdrawn, conveyed, or used to benefit streamflows and instream resources to implement chapter 90.94 RCW. Examples include conservation and effici…

Projects that might not directly increase streamflow, but do benefit instream resources, may be funded through this chapter. Examples include, but are not limited to, in-channel habitat improvements, riparian restoration, strategic land acquisitions, levee modifications, floodpla…

(1) Environmental monitoring equipment is eligible for funding, including equipment for stream gauging and groundwater monitoring directly related to restoring, maintaining, or enhancing streamflows or instream resources and values.(2) Effectiveness monitoring for projects funded…

Determining allocation of funding.(1) For each funding cycle, ecology may allocate a percent of available funding to certain project types, which will be identified in the grant guidance. Funding allocation may be based on demonstrated need, previous funding awarded, or other cri…

Costs that are ineligible to receive grant funding under this chapter include, but are not limited to:(1) Project elements previously funded by ecology.(2) Projects that are otherwise required under statute, rule, ordinance, or court order, except pursuant to this chapter and cha…

(1) Ecology will work with the recipient to prepare the grant agreement.(2) A grant agreement issued and managed in ecology's electronic system must include, at a minimum:(a) Project description.(b) Expected outcomes.(c) Project budget and funding distribution.(d) Agreement effec…

(1) A change to any of the following items will require an executed amendment to the agreement prior to the grantee being eligible for cost reimbursement due to such change:(a) Scope of work or the objectives of the project.(b) Total project budget, whether for an increase or dec…

General provisions.(1) Nothing in this chapter influences, affects, or modifies existing ecology programs, rules, or enforcement of applicable laws and rules relating to activities funded by a grant.(2) Ecology, or an auditor authorized by the state of Washington, may audit or in…

(1) The recipient must follow the closeout requirements in the agreement.(2) Ecology is not obligated to reimburse the recipient the final payment if the recipient does not meet all closeout requirements within the time frames in the agreement.(3) Ecology will close out the grant…

(1) Failure by the recipient to comply with a grant agreement may result in termination of the agreement.(2) Ecology will attempt to contact the recipient regarding any issues with agreement compliance prior to terminating an agreement.(3) Ecology's ability to make payments is co…

(1) Prior to filing a formal appeal with a judicial body, grant applicants and recipients may request an internal review of a written decision by ecology using the following procedures. These procedures are intended to encourage the informal resolution of disputes.(a) The applica…

(1) Authority. Statutory authority for the guidance and direction contained in these procedures is authorized by chapter 70.107 RCW, the Noise Control Act of 1974.(2) Purpose. The purpose of these rules is to establish standardized procedures for the measurement of sound levels o…

As used in this chapter, unless the context clearly indicates otherwise:(1) "Background sound level" means the level of all sounds in a given environment, independent of the specific source being measured.(2) "dBA" means the sound pressure level in decibels measured using the "A"…

The following instrumentation and equipment shall be used for the measurement procedures established in this chapter:(1) Sound level meter. The sound level meter shall meet the Type 1, Type 2, or Type 3 requirements of ANSI S1.4-1971. The meter weighting and response mode will be…

The following ambient conditions shall be observed during measurements and shall determine whether testing is to occur or not:(1) Wind. Sound level measurements shall not be made when the wind speed is in excess of:(a) 20 mph (32 km/hr) for the close proximity test, WAC 173-58-08…

(1) Battery check. A battery check shall be conducted on all instruments before field calibration and measurement.(2) Calibration. Sound level meters shall be field calibrated (using procedures described in the manufacturer's instruction manual) at the beginning and end of each m…

Due to unavoidable variations in measurement sites and test instruments, the following allowances shall be made for the respective sound level meters: ± 1 dBAfor Type 1 sound level meters ± 2 dBAfor Type 2 sound level metersThis tolerance value shall be applied, after all necessa…

(Reserved.)[Statutory Authority: Chapter 70.107 RCW. WSR 79-04-033 (Order DE 78-19), § 173-58-070, filed 3/22/79.]

This section establishes specific procedures for the measurement of sound levels from exhaust systems at a distance of 20 inches (0.5 meter) from the exhaust outlet. The procedures of subsections (3), (4) and (5) of this section shall not be used for exhaust systems which utilize…

[Statutory Authority: Chapter 70.107 RCW. WSR 94-12-001 (Order 92-41), § 173-58-090, filed 5/18/94, effective 6/18/94; WSR 79-04-033 (Order DE 78-19), § 173-58-090, filed 3/22/79.]

(1) The Water Resources Act of 1971 (chapter 90.54 RCW) sets forth fundamentals of water resource policy to insure that the waters of the state will be protected and fully utilized for the greatest benefit to the people of the state of Washington, and in relation thereto, the act…

The purpose of this chapter is to establish and set forth a procedure whereby any person within the state of Washington may petition the department to reserve water for future public water supply.[Order DE 75-32, § 173-590-020, filed 3/10/76.]

This regulation is adopted pursuant to the Water Resources Act of 1971, chapter 90.54 RCW.[Order DE 75-32, § 173-590-030, filed 3/10/76.]

(1) These rules shall apply to both surface and groundwaters of the state.(2) Because of changing future conditions, including institutional arrangements, reservations under this chapter will be for specific geographic areas rather than for particular water suppliers.(3) Appropri…

For the purpose of this chapter and subsequent regulations, the following definitions shall be used:(1) "Community water use" means use of water associated with needs of a community including street cleaning, parks, public buildings, public swimming pools, firefighting, and atten…

Any person, hereafter desiring the department to reserve water for future public water supply may file a petition with the director requesting future establishment of a reservation, provided that the applicant shall have a coordinated water system plan approved by the secretary, …

Each petition to the director for the reservation of water shall include, but not be limited to, the following:(1) Name and post office address of the applicant.(2) Source of water supply.(3) Map showing the proposed general service area, source of supply, pipelines, distribution…

The department shall maintain a file of all petitions for reservation of water under the provisions of this chapter. If a petition is returned to the petitioner for completion or correction, the date and the reasons for the return thereof shall be endorsed and shall be recorded i…

Upon receipt of a proper petition, the director shall publish notice thereof in a newspaper or newspapers of general circulation in the county or counties in which the storage, diversion, and use is to be made, once a week for two consecutive weeks.The director shall send notice …

When a petition is received, the director shall conduct an investigation of the surrounding impacts of the proposed reservation.[Order DE 75-32, § 173-590-100, filed 3/10/76.]

Upon review of a petition for reservation, related data and the results from the departmental investigation, the director shall notify the petitioner of action pertaining to the petition, to withdraw affected waters under RCW 90.54.050(2), or to reserve water(s). If reservation i…

Reservation of waters pursuant to this chapter and other elements of a comprehensive water resources program developed pursuant to chapters 173-500 through 173-562 WAC and amendments thereof shall be compatible.[Order DE 75-32, § 173-590-120, filed 3/10/76.]

In situations where a given area will require significant quantities of water for other than community and domestic water uses, the reservation may identify separate quantities for each use.[Order DE 75-32, § 173-590-130, filed 3/10/76.]

From time to time, any reservation established under this chapter shall be reviewed and, when it appears appropriate to the department in implementing RCW 90.54.050, modified. No change shall be made without consultation of interested parties. The water resource program and the c…

The effective date of a reservation established under the provisions of this chapter shall be the date when a regulation pertaining to a specific reservation has been adopted: Provided, That the effective date for any additional amount of reservation pursuant to the provisions of…

With regard to any permit issued pursuant to RCW 90.03.290 and 90.44.060 which authorizes withdrawal and use of waters subject of a regulation provided for in WAC 173-590-110 hereof, the priority date of said permit shall be the effective date of said regulation.[Order DE 75-32, …

Whenever it appears necessary, the director may reserve and set aside waters for beneficial utilization in the future on his own motion as provided under RCW 90.54.050(1). In so doing, prior to the adoption of such rule, the director shall conduct a public hearing in each county …

The procedures hereof relate solely to rule-making activity of the department and are designed to obtain information to assist the department in determining when waters should be reserved as provided in RCW 90.54.050. Actions conducted under this chapter do not relate to conteste…

The department of ecology shall initiate a review of the rules established in this chapter whenever new information, changing conditions, or statutory modifications make it necessary to consider revisions.[Statutory Authority: Chapters 43.21B, 43.27A, 90.22 and 90.54 RCW. WSR 88-…

The purpose of this chapter is to reserve groundwaters within Thurston County for future public water supply.[Statutory Authority: RCW 90.54.050(1). WSR 86-15-029 (Order DE-86-16), § 173-591-010, filed 7/14/86.]

This regulation is adopted pursuant to the Water Resources Act of 1971, chapter 90.54 RCW and chapter 173-590 WAC.[Statutory Authority: RCW 90.54.050(1). WSR 86-15-029 (Order DE-86-16), § 173-591-020, filed 7/14/86.]

(1) These rules shall apply to groundwaters in Thurston County, as defined in WAC 173-591-040 and 173-591-070(4), as specified in Figure II-2 of the coordinated water system plan for Thurston County, dated May 1982, as approved by the department of social and health services for …