Title 90, Title 90 WATER RIGHTS—ENVIRONMENT
31 chapters · 660 sections in this title.
RCW 90.46.005 Findings—Coordination of efforts—Development of facilities encouraged.
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The legislature finds that by encouraging the use of reclaimed water while assuring the health and safety of all Washington citizens and the protection of its environment, the state of Washington will continue to use water in the best interests of present and future generations.T…
RCW 90.46.010 Definitions.
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The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Agricultural industrial process water" means water that has been used for the purpose of agricultural processing and has been adequately and reliably treated, so that …
RCW 90.46.015 Rules—Coordination with department of health—Consultation with advisory committee.
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(1) The department of ecology shall, in coordination with the department of health, adopt rules for reclaimed water use consistent with this chapter. The rules must address all aspects of reclaimed water use, including commercial and industrial uses, land applications, direct gro…
RCW 90.46.020 Interim standards for pilot projects for use of reclaimed water.
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(1) The department of ecology shall, in coordination with the department of health, develop interim standards for pilot projects under subsection (3) of this section on or before July 1, 1992, for the use of reclaimed water in land applications.(2) The department of health shall,…
RCW 90.46.030 Standards, procedures, and guidelines for industrial and commercial use of reclaimed water—Reclaimed water permits—Fee structure for permits—Formal agreements between the departments of health and ecology.
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(1)(a) The department of health shall, in coordination with the department of ecology, adopt a single set of standards, procedures, and guidelines on or before August 1, 1993, for the industrial and commercial use of reclaimed water.(b) Standards adopted under this section are su…
RCW 90.46.040 Standards, procedures, and guidelines for land applications of reclaimed water.
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(1) The department of ecology shall, in coordination with the department of health, adopt a single set of standards, procedures, and guidelines, on or before August 1, 1993, for land applications of reclaimed water.(2) Standards adopted under this section are superseded by any ru…
RCW 90.46.042 Standards, procedures, and guidelines for direct recharge.
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(1) The department of ecology shall, in consultation with the department of health, adopt a single set of standards, procedures, and guidelines, on or before December 31, 1996, for direct recharge using reclaimed water. The standards shall address both water quality consideration…
RCW 90.46.044 Standards, procedures, and guidelines for discharge to wetlands.
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(1) The department of ecology shall, in consultation with the department of health, adopt a single set of standards, procedures, and guidelines, on or before June 30, 1996, for discharge of reclaimed water to wetlands.(2) Standards adopted under this section are superseded by any…
RCW 90.46.050 Advisory committee—Development of standards, procedures, and guidelines.
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The department of ecology shall, before July 1, 2006, form an advisory committee, in coordination with the department of health and the department of agriculture, which will provide technical assistance in the development of standards, procedures, and guidelines required by this …
RCW 90.46.070 Exemption from standards, procedures, and guidelines.
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Any person lawfully using reclaimed water before April 2, 1992, may continue to do so and is not required to comply with the standards, procedures, and guidelines under chapter 90.46 RCW before July 1, 1995.[ 1992 c 204 s 8.]
RCW 90.46.072 Conflict resolution—Reclaimed water projects and chapter 372-32 WAC.
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On or before December 31, 1995, the department of ecology and department of health shall, in consultation with local interested parties, jointly review and, if required, propose amendments to chapter 372-32 WAC to resolve conflicts between the development of reclaimed water proje…
RCW 90.46.080 Use of reclaimed water for surface percolation—Establishment of discharge limit for contaminants.
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(1) Except as otherwise provided in this section, reclaimed water may be beneficially used for surface percolation provided the reclaimed water meets the state drinking water contaminant criteria as measured in groundwater beneath or down gradient of the recharge project site, an…
RCW 90.46.090 Use of reclaimed water for discharge into constructed beneficial use wetlands and constructed treatment wetlands—Standards for discharge.
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(1) Reclaimed water may be beneficially used for discharge into constructed beneficial use wetlands and constructed treatment wetlands provided the reclaimed water meets the class A or B reclaimed water standards as defined in the reclamation criteria, and the discharge is incorp…
RCW 90.46.100 Discharge of reclaimed water for streamflow augmentation.
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(1) Reclaimed water intended for beneficial reuse may be discharged for streamflow augmentation provided the reclaimed water meets the requirements of the federal water pollution control act, chapter 90.48 RCW, and is incorporated into a sewer or water comprehensive plan, as appl…
RCW 90.46.110 Reclaimed water demonstration program—Demonstration projects.
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(1) The department of ecology shall establish and administer a reclaimed water demonstration program for the purposes of funding and monitoring the progress of five demonstration projects. The department shall work in cooperation with the department of health.(2) The five demonst…
RCW 90.46.120 Use of water from wastewater treatment facility—Consideration in regional water supply plan or potable water supply plans—Consideration in reviewing provisions for water supplies for short plat, short subdivision, or subdivision—Report to the legislature.
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(1) The owner of a wastewater treatment facility that is reclaiming water with a permit issued under this chapter has the exclusive right to any reclaimed water generated by the wastewater treatment facility. Use, distribution, storage, and the recovery from storage of reclaimed …
RCW 90.46.130 Impairment of water rights downstream from freshwater discharge points.
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(1) Except as provided in subsection (2) of this section, facilities that reclaim water under this chapter shall not impair any existing water right downstream from any freshwater discharge points of such facilities unless compensation or mitigation for such impairment is agreed …
RCW 90.46.140 Greywater reuse—Standards, procedures, and guidelines—Rules.
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(1) The department of health shall develop standards, procedures, and guidelines for the reuse of greywater, consistent with RCW 43.20.230(2), by January 1, 1998.(2) Standards, procedures, and guidelines developed by the department of health for reuse of greywater shall encourage…
RCW 90.46.150 Agricultural industrial process water—Permit—Use—Referral to department of health.
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The permit to apply agricultural industrial process water to agricultural water use shall be the permit issued under chapter 90.48 RCW to the owner of the agricultural processing plant who may then distribute the water through methods including, but not limited to, irrigation sys…
RCW 90.46.160 Industrial reuse water—Permit.
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(1) The permit to use industrial reuse water shall be the permit issued under chapter 90.48 RCW to the owner of the plant that is the source of the industrial process water, who may then distribute the water according to provisions in the permit governing the location, rate, wate…
RCW 90.46.200 Authority of the departments of ecology and health—Lead agency—Duties.
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(1) The department of ecology and the department of health shall have authority to carry out all the provisions of this chapter including, but not limited to, permitting and enforcement. Only the department of ecology or the department of health may act as a lead agency for purpo…
RCW 90.46.210 Lead agency—Authority to bring legal proceeding.
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The lead agency, with the assistance of the attorney general, is authorized to bring any appropriate action at law or in equity, including action for injunctive relief, as may be necessary to carry out the provisions of this chapter. The lead agency may bring the action in the su…
RCW 90.46.220 Permit.
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(1) Any person proposing to generate any type of reclaimed water for a use regulated under this chapter shall obtain a permit from the lead agency prior to distribution or use of that water. The permittee may then distribute and use the water, subject to the provisions in the per…
RCW 90.46.230 Right to enter and inspect property related to the purpose of the permit—Administrative search warrant.
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(1)(a) Except as otherwise provided in (b) of this subsection, the lead agency or its designee shall have the right to enter and inspect any property related to the purpose of the permit, public or private, at reasonable times with prior notification in order to determine complia…
RCW 90.46.240 Plans, reports, specifications, and proposed methods of operation and maintenance to be submitted to departments.
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All required feasibility studies, planning documents, engineering reports, and plans and specifications for the construction of new reclaimed water, agricultural industrial process water, and industrial reuse water facilities, including generation, distribution, and use facilitie…
RCW 90.46.250 Violation of chapter—Notification—Immediate action.
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(1) When, in the opinion of the lead agency, a person violates or creates a substantial potential to violate this chapter, the lead agency shall notify the person of its determination by registered mail. The determination shall not constitute an appealable order or directive. Wit…
RCW 90.46.260 Penalty.
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Any person found guilty of willfully violating any of the provisions of this chapter, or any final written orders or directive of the lead agency or a court in pursuance thereof, is guilty of a gross misdemeanor, and upon conviction thereof shall be punished by a fine of up to te…
RCW 90.46.270 Violations—Civil penalty—Procedure.
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(1) Except as provided in RCW 43.05.060 through 43.05.080, 43.05.100, 43.05.110, and 43.05.150, any person who:(a) Generates any reclaimed water for a use regulated under this chapter and distributes or uses that water without a permit;(b) Violates the terms or conditions of a pe…
RCW 90.46.280 Application of administrative procedure act to chapter.
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The provisions of chapter 34.05 RCW, the administrative procedure act, apply to all rule-making and adjudicative proceedings authorized by or arising under the provisions of this chapter.[ 2009 c 456 s 15.]
RCW 90.46.290 On-site nonpotable water systems—Risk-based water quality standards—Adoption of rules.
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(1)(a) By July 1, 2022, the department of health, in consultation with the Washington state building code council and the Washington state association of plumbers and pipefitters who participate in the development of the Uniform Plumbing Code under chapter 19.27 RCW, shall adopt …