Title 90, Title 90 WATER RIGHTS—ENVIRONMENT
31 chapters · 660 sections in this title.
RCW 90.48.400 Coastal protection fund—Disbursal of moneys from.
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(1) Moneys in the coastal protection fund shall be disbursed for the following purposes and no others:(a) Environmental restoration and enhancement projects intended to restore or enhance environmental, recreational, archaeological, or aesthetic resources for the benefit of Washi…
RCW 90.48.420 Water quality standards affected by forest practices—Department of ecology solely responsible for water quality standards—Forest practices rules—Adoption—Examination—Enforcement procedures.
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(1) The department of ecology, pursuant to powers vested in it previously by chapter 90.48 RCW and consistent with the policies of said chapter and RCW 90.54.020(3), shall be solely responsible for establishing water quality standards for waters of the state. On or before January…
RCW 90.48.422 Water quality standards—Compliance methods—Department authority.
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(1) The legislature finds that the courts have rendered decisions in Elkhorn (Public Utility District No. 1 v. Washington Department of Ecology, 511 U.S. 700, 114 S. Ct. 1900, 128 L.Ed. 2d 716 (1994)) and Sullivan Creek (Public Utility District No. 1 of Pend Oreille County v. Was…
RCW 90.48.425 Forest practices act and regulations relating to water quality protection to be utilized to satisfy federal water pollution act.
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The forest practices act, chapter 76.09 RCW, and the forest practices regulations adopted thereunder relating to water quality protection shall be utilized to satisfy the planning and program requirements of sections 208, 209, and 305 of the federal Water Pollution Control Act, a…
RCW 90.48.430 Watershed restoration projects—Approval process—Waiver of public review.
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A permit, certification, or other approval required by the department for a watershed restoration project as defined in RCW 89.08.460 shall be processed in compliance with RCW 89.08.450 through 89.08.510. Public review of proposed watershed restoration projects may be shortened o…
RCW 90.48.445 Aquatic noxious weed control—Water quality permits—Definition.
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(1) The director shall issue or approve water quality permits for use by federal, state, or local governmental agencies and licensed applicators for the purpose of using, for aquatic noxious weed control, herbicides and surfactants registered under state or federal pesticide cont…
RCW 90.48.447 Aquatic plant management program—Commercial herbicide information—Experimental application of herbicides—Appropriation for study.
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(1) The department of ecology shall update the final supplemental environmental impact statement completed in 1992 for the aquatic plant management program to reflect new information on herbicides evaluated in 1992 and new, commercially available herbicides. The department shall …
RCW 90.48.448 Eurasian water milfoil—Pesticide 2,4-D application.
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(1) Subject to restrictions in this section, a government entity seeking to control a limited infestation of Eurasian water milfoil may use the pesticide 2,4-D to treat the milfoil infestation, without obtaining a permit under RCW 90.48.445, if the milfoil infestation is either r…
RCW 90.48.450 Discharges from agricultural activity—Consideration to be given as to whether enforcement action would contribute to conversion of land to nonagricultural use—Minimize the possibility.
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(1) Prior to issuing a notice of violation related to discharges from agricultural activity on agricultural land, the department shall consider whether an enforcement action would contribute to the conversion of agricultural land to nonagricultural uses. Any enforcement action sh…
RCW 90.48.455 Discharge of chlorinated organics—Engineering reports by pulp and paper mills—Permits limiting discharge.
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(1) The department may require each pulp mill and paper mill discharging chlorinated organics to conduct and submit an engineering report on the cost of installing technology designed to reduce the amount of chlorinated organic compounds discharged into the waters of the state. T…
RCW 90.48.465 Water discharge fees—Report to the legislature.
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(1) The department shall establish fees to collect expenses for issuing and administering each class of permits under RCW 90.48.160, 90.48.162, and 90.48.260. An initial fee schedule shall be established by rule and be adjusted no more often than once every two years. This fee sc…
RCW 90.48.467 Report to the legislature—Required information.
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Beginning in 2025, the department of ecology's biennial progress report required in RCW 90.48.465(7) must include information on the implementation of a revised fee structure for full cost recovery for municipal wastewater discharge permits and the use of the fees to administer t…
RCW 90.48.480 Reduction of sewer overflows—Plans—Compliance schedule.
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The department of ecology shall work with local governments to develop reasonable plans and compliance schedules for the greatest reasonable reduction of combined sewer overflows. The plan shall address various options, including construction of storage tanks for sewage and separ…
RCW 90.48.490 Sewage treatment facilities—Plans to upgrade or construct.
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Plans for upgrading sewage treatment facilities and plans for new sewage treatment facilities shall address the greatest reasonable reduction of combined sewer overflows and implementation of pretreatment standards.[ 1985 c 249 s 3.]
RCW 90.48.495 Water conservation measures to be considered in sewer plans.
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The department of ecology shall require sewer plans to include a discussion of water conservation measures considered or underway that would reduce flows to the sewerage system and an analysis of their anticipated impact on public sewer service and treatment capacity.[ 2003 1st s…
RCW 90.48.520 Review of operations before issuance or renewal of wastewater discharge permits—Incorporation of permit conditions.
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In order to improve water quality by controlling toxicants in wastewater, the department of ecology shall in issuing and renewing state and federal wastewater discharge permits review the applicant's operations and incorporate permit conditions which require all known, available,…
RCW 90.48.530 Construction projects involving fill material—Leaching test.
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(1) In order to ensure that construction projects involving the use of fill material do not pose a threat to water quality, the department may require that the suitability of potential fill material be evaluated using a leaching test included in the soil clean-up rules adopted by…
RCW 90.48.531 Leaching tests—Identification—Report to the legislature.
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The department shall identify the leaching tests utilized for evaluating the potential impacts to water quality in situations where fill material is imported. The tests may include those identified in the soil clean-up rules adopted by the department under chapter 70A.305 RCW. Wi…
RCW 90.48.540 Use attainability analysis of water within federal reclamation project boundaries—Rules.
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(1) The department, as resources allow, shall at the request of the United States bureau of reclamation or federal reclamation project irrigation districts cooperatively conduct a use attainability analysis of water bodies located within the boundaries of the federal reclamation …
RCW 90.48.545 Stormwater technical resource center—Duties—Advisory committee—Report to legislative committees.
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(1) As funding to do so becomes available, the department shall create a stormwater technical resource center in partnership with a university, nonprofit organization, or other public or private entity to provide tools for stormwater management. The center shall use its authority…
RCW 90.48.570 Water quality data—Findings—Intent.
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(1) The legislature finds that:(a) The proper collection and review of credible water quality data is necessary to ensure compliance with the requirements of the federal clean water act (33 U.S.C. Sec. 1251 et seq.);(b) The state needs to assemble and evaluate all existing and re…
RCW 90.48.575 Water quality data—Definitions.
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The definitions in this section apply to RCW 90.48.580 and 90.48.585 unless the context clearly requires otherwise.(1) "Credible data" means data meeting the requirements of RCW 90.48.585.(2) "Department" means the Washington state department of ecology.(3) "Impaired water" means…
RCW 90.48.580 Water quality data—Credible data, information, literature.
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(1) The department shall use credible information and literature for developing and reviewing a surface water quality standard or technical model used to establish a total maximum daily load for any surface water of the state.(2) The department shall use credible data for the fol…
RCW 90.48.585 Water quality data—When credible.
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(1) In collecting and analyzing water quality data for any purpose identified in RCW 90.48.580(2), data is considered credible data if:(a) Appropriate quality assurance and quality control procedures were followed and documented in collecting and analyzing water quality samples;(…
RCW 90.48.590 Water quality data—Falsified data—Penalty.
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Any person who knowingly falsifies data is guilty of a gross misdemeanor.[ 2004 c 228 s 5.]
RCW 90.48.595 On-site sewage disposal system repair and replacement—Loan and grant programs.
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The department shall offer financial and technical assistance to local governments and tribal entities in Puget Sound counties to establish or expand on-site sewage disposal system repair and replacement through local loan and grant programs. The programs must give priority to lo…
RCW 90.48.605 Amending state water quality standards—Compliance schedules in excess of ten years authorized.
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The department shall amend the state water quality standards to authorize compliance schedules in excess of ten years for discharge permits issued under this chapter that implement allocations contained in a total maximum daily load under certain circumstances. Any such amendment…
RCW 90.48.615 Motorized or gravity siphon aquatic mining—Prohibited acts.
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(1) A discharge to waters of the state from a motorized or gravity siphon aquatic mining operation is subject to the department's authority under this chapter and the federal clean water act. The department shall evaluate whether the number of dischargers subject to this section …
RCW 90.48.625 Restitution following a criminal conviction.
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In determining restitution following a criminal conviction under this chapter or chapter 90.56 RCW, the court is authorized to order restitution for harm to natural resources or the environment.[ 2024 c 342 s 1.]
RCW 90.48.632 Sewage spills—Definitions applicable to RCW 90.48.636.
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The definitions in this section apply to RCW 90.48.636 unless the context clearly requires otherwise.(1) "Combined sewer" means a sewer that has been designed to serve as a sanitary sewer and a storm sewer, and into which inflow is allowed by local ordinance.(2) "Sewage spill" me…
RCW 90.48.636 Sewage spills—Definitions applicable to RCW 90.48.636.
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(1) By July 1, 2026, the department must develop and publish a public-facing website that includes, but is not limited to, notices of the locations where sewage spills occur that are reported to the department under individual water quality permits for discharges that contain sew…
RCW 90.48.906 Short title—1971 ex.s. c 180.
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This 1971 amendatory act may be cited as the "Coastal Waters Protection Act of 1971".[ 1971 ex.s. c 180 s 13.]