Washington Administrative Code

"Thurston County reservation area" and "Thurston County reservation source of supply area" shall mean those lands lying within Thurston County described as follows:LocationTownshipRangeSectionsReservation Area16N3W1-3, 10-1216N2W1-1216N1W4-917N3W1, 2, 3 (portion), 10-15, 22-27, 3…

For the purpose of this chapter 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 attendant commercial, industrial …

A petition requesting the reservation of groundwaters in Thurston County pursuant to chapter 173-590 WAC, and a coordinated water system plan approved by the secretary of the department of social and health services were received and accepted by the department. Notice of the rece…

(1) The department, having received a final environmental impact statement dated January 16, 1985, and having conducted an investigation of the surrounding impacts of the proposed reservation and having heard comments solicited through the notice of receipt of petition and having…

If applications are made for the use of the groundwater reserved in WAC 173-591-070(2) for purposes other than public water supplies, as defined in WAC 173-591-050 (6) and (7), the director may issue a permit allowing such uses but these uses shall be junior in priority to all ri…

(1) The department, in cooperation with local government agencies, shall implement a comprehensive monitoring program, the purpose of which is to maintain accurate information on the quality and quantity of groundwater reserved in WAC 173-591-070(2).(2) Under this monitoring prog…

As a general rule, an element of a groundwater right is the right to use waters of quality appropriate to the beneficial use. In addition to the protection of the availability of groundwater to the water withdrawal facilities of groundwater right holders, it shall be the policy o…

Wells for single family domestic, stock watering, or other purposes for which the withdrawal is less than 5,000 gallons per day, with priority dates subsequent to the effective date of this regulation, shall be junior to rights issued pursuant to WAC 173-591-070. The quantities o…

All final written decisions of the department of ecology pertaining to permits, regulatory orders, and related decisions made pursuant to this chapter shall be subject to review by the pollution control hearings board in accordance with chapter 43.21B RCW.[Statutory Authority: Ch…

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-…

Thurston County reservation area and reservation source of supply subareas shall include those lands that lie within the heavy outline on the following maps:thurston county reservation area boundary mapTHURSTON COUNTY RESERVATION AREA BOUNDARY MAPWAC 173-591-130ILLUSTRATION 1thur…

These rules are adopted pursuant to chapter 70.107 RCW, the Noise Control Act of 1974, in order to establish maximum noise levels permissible in identified environments, and thereby to provide use standards relating to the reception of noise within such environments. Vessels, as …

(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" weighting network on a sound level meter. The sound pressure level, in …

(1) Except when included within specific prior designations as provided in subsections (2), (3), and (4) of this section, the EDNA of any property shall be based on the following typical uses, taking into consideration the present, future, and historical usage, as well as the usa…

(1) No person shall cause or permit noise to intrude into the property of another person which noise exceeds the maximum permissible noise levels set forth below in this section.(2)(a) The noise limitations established are as set forth in the following table after any applicable …

(1) The following shall be exempt from the provisions of WAC 173-60-040 between the hours of 7:00 a.m. and 10:00 p.m.:(a) Sounds originating from residential property relating to temporary projects for the maintenance or repair of homes, grounds and appurtenances.(b) Sounds creat…

Nothing in this chapter or the exemptions provided herein, shall be construed as preventing local government from regulating noise from any source as a nuisance. Local resolutions, ordinances, rules or regulations regulating noise on such a basis shall not be deemed inconsistent …

Reserved.[Statutory Authority: Chapter 70.107 RCW. WSR 00-24-134 (Order 00-24), § 173-60-070, filed 12/6/00, effective 1/6/01; WSR 94-12-001 (Order 92-41), § 173-60-070, filed 5/18/94, effective 6/18/94; Order DE 77-1, § 173-60-070, filed 6/1/77; Order 74-32, § 173-60-070, filed …

(1) Variances may be granted to any person from any particular requirement of this chapter, if findings are made that immediate compliance with such requirement cannot be achieved because of special circumstances rendering immediate compliance unreasonable in light of economic or…

Noise measurement for the purposes of enforcing the provisions of WAC 173-060-040 shall be measured in dBA with a sound level meter with the point of measurement being at any point within the receiving property. Such enforcement shall be undertaken only upon receipt of a complain…

Any person aggrieved by any decision of the department in relation to the enforcement of the maximum permissible noise levels provided for herein, the granting or denial of a variance or the approval or disapproval of a local resolution or ordinance for noise abatement and contro…

(1) The department conceives the function of noise abatement and control to be primarily the role of local government and intends actively to encourage local government to adopt measures for noise abatement and control. Wherever such measures are made effective and are being acti…

This chapter shall become effective on September 1, 1975. It is the intention of the department to periodically review the provisions hereof as new information becomes available for the purpose of making amendments as appropriate.[Order 74-32, § 173-60-120, filed 4/22/75, effecti…

(1) Under RCW 70.107.030(5) of the Noise Control Act of 1974 (chapter 183, Laws of 1974), the legislature directed the department of ecology, in exercising rule-making authority to give first priority to the adoption of motor vehicle noise performance standards. The purpose of th…

As used in this chapter:(1) "dBA" means the sound level in decibels measured using the "A" weighting network on a sound level meter as specified in the American National Standard Specification for Sound Level Meters S1.4-1971. A decibel is a unit of sound, based on a logarithmic …

(1) No person shall operate any motor vehicle or any combination of such vehicles upon any public highway under any conditions of grade, load, acceleration or deceleration in such a manner as to exceed the maximum permissible sound levels for the category of vehicle in Table I, a…

The provisions of this chapter shall not apply to noise caused by auxiliary equipment on motor vehicles used for highway maintenance, nor to noise caused in the performance of emergency work for the immediate safety, health or welfare of the community or of individuals of the com…

(1) Conditions of issuance. The department may approve and issue to any person, an implementation schedule for meeting any particular requirement of this chapter, if it finds that immediate compliance with such requirement cannot be achieved because of conditions beyond the contr…

(1) Measurements shall be made with a sound level meter meeting Type 1, S1A, 2 or S2A requirements as specified in the American National Standards Specifications for Sound Level Meters S1.4-1971 as required under measurement procedures established in chapter 204-56 WAC, "procedur…

This chapter shall become effective July 1, 1975.[Order DE 74-33, § 173-62-070, filed 1/30/75, effective 7/1/75.]

(1) The Wetlands Mitigation Banking Act, chapter 90.84 RCW, identifies wetland mitigation banking (banks) as an important regulatory tool for providing compensatory mitigation for unavoidable impacts to wetlands and declares it the policy of the state to support banking. The act …

(1) This chapter applies to private and public banks established under chapter 90.84 RCW.(2) All mitigation banking instruments (instruments) approved on or after the effective date of this rule, must meet the requirements of this chapter.(3) Instruments approved prior to the eff…

(1) For proposed tribal banks which are located exclusively in Indian Country, the following section applies:(a) If the tribal bank has been approved by the U.S. Army Corps of Engineers (Corps) under existing federal rules, the bank will be deemed state certified, solely to allow…

The department must make available for public inspection:(1) The prospectus;(2) The final instrument;(3) Other supporting materials; and(4) The comments received by the department during the public notice period(s).[Statutory Authority: Chapter 90.84 RCW. WSR 09-19-013 (Order 04-…

"Adaptive management activities" means actions taken by the bank sponsor on their own to correct any deficiencies on the site in order for the site to attain the required performance standards. The adaptive management activities shall be identified in the mitigation banking instr…

(1) Banks certified under this chapter must be consistent with existing federal, state, and local laws and rules and treaty rights which relate to the establishment of a bank.(2) Certification of a bank does not serve as authorization for other federal, state, or local permits or…

(1) All decisions made by the department must fully consider IRT, tribal, and public comments submitted to the department as part of the certification evaluation process.(2) The department shall strive to achieve consensus with the IRT on the terms and conditions of the instrumen…

(1) The purpose of the prospectus is to provide a conceptual plan for a bank project.(2) The department uses the prospectus to notify the public, tribes, and the local government of the proposed bank project.(3) The prospectus initiates dialogue between the department, sponsor, a…

At a minimum, the prospectus must contain information on the following elements:(1) The goals and objectives of the project;(2) Location including city or county, proximity to existing roads and other landmarks, and a vicinity map showing location of the proposed site(s);(3) A st…

(1) The sponsor must submit a complete electronic and a hard copy of the prospectus to the department.(2) A prospectus must contain all of the information identified in WAC 173-700-211 to be complete.(3) When the department receives a prospectus, it will notify affected tribes an…

(1) If the department determines that the proposed bank may proceed with preparation of the draft instrument, the department shall invite representatives from the appropriate federal and state regulatory and resource agencies, the local jurisdiction(s) where the bank site is loca…

(1) An instrument details all of the physical characteristics, legal obligations, operational procedures, monitoring, and maintenance requirements for a bank.(2) Requirements for instruments may vary based on the specific conditions of the bank site.[Statutory Authority: Chapter …

The minimum technical elements required in the instrument are:(1) The goals and objectives of the project;(2) Site location including city or county, proximity to existing roads and other landmarks, and a vicinity map showing location of the proposed site(s);(3) A description of …

Prior to submitting the draft instrument, the sponsor may elect to have meetings with the IRT to discuss technical elements of their proposal. This preliminary review is optional, but is strongly recommended. It is intended to identify potential issues early, so the sponsor may a…

(1) If the sponsor chooses to proceed with the certification process, they must prepare a draft instrument and submit an electronic and hard copy to the department.(2) The sponsor must develop the instrument using feedback from the department, the IRT, and comments received durin…

(1) Upon receipt of notification by the department that the draft instrument is complete, the sponsor must provide an electronic and a hard copy of the complete draft instrument to each member of the IRT.(2) The IRT will have thirty days to comment on the draft instrument to the …

(1) The sponsor shall submit a final instrument to all members of the IRT in electronic and hard copy format for approval by the department.(2) The final instrument must contain the items listed in WAC 173-700-222, in addition to other supporting information as required by the de…

An instrument must contain signatures from the department, the local jurisdiction(s), and the sponsor for certification to be complete.(1) Signature on the instrument shall indicate that entity's concurrence with the terms and conditions of the instrument.(2) No agency, except fo…

An IRT member(s) who has concerns with a particular decision or element of an instrument shall submit the concern and accompanying rationale in writing to the chair(s) of the IRT within fifteen days of the decision. The following dispute resolution process for resolving concerns …

(1) When additional information or changes to documents are requested by the department, the review timelines shall stop until the requested information is received. If the requested information is not received by the department within one hundred eighty days, the department has …