Title 90, Title 90 WATER RIGHTS—ENVIRONMENT
31 chapters · 660 sections in this title.
RCW 90.48.010 Policy enunciated.
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It is declared to be the public policy of the state of Washington to maintain the highest possible standards to insure the purity of all waters of the state consistent with public health and public enjoyment thereof, the propagation and protection of wild life, birds, game, fish …
RCW 90.48.020 Definitions.
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Whenever the word "person" is used in this chapter, it shall be construed to include any political subdivision, government agency, municipality, industry, public or private corporation, copartnership, association, firm, individual or any other entity whatsoever.Wherever the words…
RCW 90.48.030 Jurisdiction of department.
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The department shall have the jurisdiction to control and prevent the pollution of streams, lakes, rivers, ponds, inland waters, salt waters, water courses, and other surface and underground waters of the state of Washington.[ 1987 c 109 s 123; 1945 c 216 s 10; Rem. Supp. 1945 s …
RCW 90.48.035 Rule-making authority.
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The department shall have the authority to, and shall promulgate, amend, or rescind such rules and regulations as it shall deem necessary to carry out the provisions of this chapter, including but not limited to rules and regulations relating to standards of quality for waters of…
RCW 90.48.037 Authority of department to bring enforcement actions.
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The department, with the assistance of the attorney general, is authorized to bring any appropriate action at law or in equity, including action for injunctive relief, in the name of the people of the state of Washington as may be necessary to carry out the provisions of this cha…
RCW 90.48.039 Hazardous substance remedial actions—Procedural requirements not applicable.
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The procedural requirements of this chapter shall not apply to any person conducting a remedial action at a facility pursuant to a consent decree, order, or agreed order issued pursuant to chapter 70A.305 RCW, or to the department of ecology when it conducts a remedial action und…
RCW 90.48.045 Environmental excellence program agreements—Effect on chapter.
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Notwithstanding any other provision of law, any legal requirement under this chapter, including any standard, limitation, rule, or order is superseded and replaced in accordance with the terms and provisions of an environmental excellence program agreement, entered into under cha…
RCW 90.48.080 Discharge of polluting matter in waters prohibited.
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It shall be unlawful for any person to throw, drain, run, or otherwise discharge into any of the waters of this state, or to cause, permit or suffer to be thrown, run, drained, allowed to seep or otherwise discharged into such waters any organic or inorganic matter that shall cau…
RCW 90.48.090 Right of entry—Special inspection requirements for metals mining and milling operations.
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The department or its duly appointed agent shall have the right to enter at all reasonable times in or upon any property, public or private, for the purpose of inspecting and investigating conditions relating to the pollution of or the possible pollution of any of the waters of t…
RCW 90.48.095 Authority of department to compel attendance and testimony of witnesses, production of books and papers—Contempt proceedings to enforce—Fees.
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In carrying out the purposes of this chapter or chapter 90.56 RCW the department shall, in conjunction with either the adoption of rules, consideration of an application for a waste discharge permit or the termination or modification of such permit, or proceedings in adjudicative…
RCW 90.48.100 Request for assistance.
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The department shall have the right to request and receive the assistance of any educational institution or state agency when it is deemed necessary by the department to carry out the provisions of this chapter or chapter 90.56 RCW.[ 1991 c 200 s 1104; 1987 c 109 s 129; 1945 c 21…
RCW 90.48.110 Plans and proposed methods of operation and maintenance of sewerage or disposal systems to be submitted to department—Exceptions—Time limitations.
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(1) Except under subsection (2) of this section, all engineering reports, plans, and specifications for the construction of new sewerage systems, sewage treatment or disposal plants or systems, or for improvements or extensions to existing sewerage systems or sewage treatment or …
RCW 90.48.112 Plan evaluation—Consideration of reclaimed water.
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The evaluation of any plans submitted under RCW 90.48.110 must include consideration of opportunities for the use of reclaimed water as defined in RCW 90.46.010. Wastewater plans submitted under RCW 90.48.110 must include a statement describing how applicable reclamation and reus…
RCW 90.48.120 Notice of department's determination that violation has or will occur—Report to department of compliance with determination—Order or directive to be issued—Notice.
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(1) Whenever, in the opinion of the department, any person shall violate or creates a substantial potential to violate the provisions of this chapter or chapter 90.56 RCW, or fails to control the polluting content of waste discharged or to be discharged into any waters of the sta…
RCW 90.48.140 Penalty.
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Any person found guilty of willfully violating any of the provisions of this chapter or chapter 90.56 RCW, or any final written orders or directive of the department or a court in pursuance thereof is guilty of a gross misdemeanor, and upon conviction thereof shall be punished by…
RCW 90.48.142 Violations—Liability in damages for injury or death of fish, animals, vegetation—Action to recover.
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(1) Any person who:(a)(i) Violates any of the provisions of this chapter or chapter 90.56 RCW;(ii) Fails to perform any duty imposed by this chapter or chapter 90.56 RCW;(iii) Violates an order or other determination of the department or the director made pursuant to the provisio…
RCW 90.48.144 Violations—Civil penalty—Procedure.
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Except as provided in RCW 43.05.060 through 43.05.080 and 43.05.150, every person who:(1) Violates the terms or conditions of a waste discharge permit issued pursuant to RCW 90.48.180 or 90.48.260 through 90.48.262, or(2) Conducts a commercial or industrial operation or other poi…
RCW 90.48.150 Construction of chapter.
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This chapter shall not be construed as repealing any of the laws governing the pollution of the waters of the state, but shall be held and construed as ancillary to and supplementing the same and an addition to the laws now in force, except as the same may be in direct conflict h…
RCW 90.48.153 Cooperation with federal government—Federal funds.
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The department is authorized to cooperate with the federal government and to accept grants of federal funds for carrying out the purposes of this chapter. The department is empowered to make any application or report required by an agency of the federal government as an incident …
RCW 90.48.156 Cooperation with other states and provinces—Interstate and state-provincial projects.
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The department is authorized to cooperate with appropriate agencies of neighboring states and neighboring provinces, to enter into contracts, and make contributions toward interstate and state-provincial projects to carry out the purposes of this chapter and chapter 90.56 RCW.[ 1…
RCW 90.48.158 Grants to public bodies authorized.
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The department of ecology is authorized to make and administer grants to any public bodies for the purpose of aiding in the construction and improvement of water pollution control facilities in conjunction with federal grants authorized pursuant to the Federal Water Pollution Con…
RCW 90.48.160 Waste disposal permit—Required—Exemptions.
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Any person who conducts a commercial or industrial operation of any type which results in the disposal of solid or liquid waste material into the waters of the state, including commercial or industrial operators discharging solid or liquid waste material into sewerage systems ope…
RCW 90.48.162 Waste disposal permits required of counties, municipalities and public corporations.
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Any county or any municipal or public corporation operating or proposing to operate a sewerage system, including any system which collects only domestic sewerage, which results in the disposal of waste material into the waters of the state shall procure a permit from the departme…
RCW 90.48.165 Waste disposal permits required of counties, municipalities and public corporations—Cities, towns or municipal corporations may be granted authority to issue permits—Revocation—Termination of permits.
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Any city, town or municipal corporation operating a sewerage system including treatment facilities may be granted authority by the department to issue permits for the discharge of wastes to such system provided the department ascertains to its satisfaction that the sewerage syste…
RCW 90.48.170 Waste disposal permits required of counties, municipalities and public corporations—Application—Notice as to new operation or increase in volume—Investigation—Notice to other state departments.
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Applications for permits shall be made on forms prescribed by the department and shall contain the name and address of the applicant, a description of the applicant's operations, the quantity and type of waste material sought to be disposed of, the proposed method of disposal, an…
RCW 90.48.180 Waste disposal permits required of counties, municipalities and public corporations—Issuance—Conditions—Duration.
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The department shall issue a permit unless it finds that the disposal of waste material as proposed in the application will pollute the waters of the state in violation of the public policy declared in RCW 90.48.010. The department shall have authority to specify conditions neces…
RCW 90.48.190 Waste disposal permits required of counties, municipalities and public corporations—Termination—Grounds.
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A permit shall be subject to termination upon thirty days' notice in writing if the department finds:(1) That it was procured by misrepresentation of any material fact or by lack of full disclosure in the application;(2) That there has been a violation of the conditions thereof;(…
RCW 90.48.195 Waste disposal permits required of counties, municipalities and public corporations—Modification or additional conditions may be ordered.
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In the event that a material change in the condition of the state waters occurs the department may, by appropriate order, modify permit conditions or specify additional conditions in permits previously issued.[ 1987 c 109 s 139; 1967 c 13 s 18.]Notes:Purpose—Short title—Construct…
RCW 90.48.200 Waste disposal permits required of counties, municipalities and public corporations—Nonaction upon application—Temporary permit—Duration.
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In the event of failure of the department to act upon an application within sixty days after it has been filed the applicant shall be deemed to have received a temporary permit. Said permit shall authorize the applicant to discharge wastes into waters of the state as requested in…
RCW 90.48.215 Upland finfish facilities—Waste discharge standards—Waste disposal permit.
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(1) The following definition shall apply to this section: "Upland finfish hatching and rearing facilities" means those facilities not located within waters of the state where finfish are hatched, fed, nurtured, held, maintained, or reared to reach the size of release or for marke…
RCW 90.48.220 Marine finfish rearing facilities—Waste discharge standards—Discharge permit applications—Exemption.
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(1) For the purposes of this section "marine finfish rearing facilities" means those private and public facilities located within the salt water of the state where finfish are fed, nurtured, held, maintained, or reared to reach the size of release or for market sale.(2) Not later…
RCW 90.48.225 Issuance of national pollutant discharge elimination system permits associated with nonnative marine finfish aquaculture.
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(1) The department may issue national pollutant discharge elimination system permits associated with nonnative marine finfish aquaculture only if these activities are performed under a lease of state-owned aquatic lands in effect on June 7, 2018. The department may not issue nati…
RCW 90.48.230 Application of administrative procedure law to rule making and adjudicative proceedings.
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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.[ 1989 c 175 s 181; 1967 c 13 s 21.]Notes:Effective date—1989 c 175: See note following RCW 3…
RCW 90.48.240 Water pollution orders for conditions requiring immediate action—Appeal.
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Notwithstanding any other provisions of this chapter or chapter 90.56 RCW, whenever it appears to the director that water quality conditions exist which require immediate action to protect the public health or welfare, or that a person required by RCW 90.48.160 to obtain a waste …
RCW 90.48.250 Agreements or contracts to monitor waters and effluent discharge.
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The department is authorized to make agreements and enter into such contracts as are appropriate to carry out a program of monitoring the condition of the waters of the state and the effluent discharged therein, including contracts to monitor effluent discharged into public water…
RCW 90.48.260 Federal clean water act—Department designated as state agency, authority—Delegation of authority—Powers, duties, and functions.
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(1) The department of ecology is hereby designated as the state water pollution control agency for all purposes of the federal clean water act as it exists on February 4, 1987, and is hereby authorized to participate fully in the programs of the act as well as to take all action …
RCW 90.48.261 Exercise of powers under RCW 90.48.260—Aquatic resource mitigation.
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When exercising its powers under RCW 90.48.260, the department shall, at the request of the project proponent, follow the guidance contained in RCW 90.74.005 through 90.74.030.[ 1997 c 424 s 7.]
RCW 90.48.262 Implementation of RCW 90.48.260—Permits for energy facilities—Rules and procedures.
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(1) The powers established under RCW 90.48.260 shall be implemented by the department through the adoption of rules in every appropriate situation. The permit program authorized under *RCW 90.48.260(1) shall constitute a continuation of the established permit program of RCW 90.48…
RCW 90.48.264 Federal clean water act—Rules for on-site sewage disposal systems adjacent to marine waters.
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In implementing this chapter and in participating in programs under the federal clean water act, the department may consult with the department of social and health services concerning standards for repair of existing, failing on-site sewage disposal systems that are adjacent to …
RCW 90.48.270 Sewage drainage basins—Authority of department to delineate and establish.
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The department shall have authority to delineate and establish sewage drainage basins in the state for the purpose of developing and/or adopting comprehensive plans for the control and abatement of water pollution within such basins. Basins may include, but are not limited to, ri…
RCW 90.48.280 Sewage drainage basins—Comprehensive plans for sewage drainage basins.
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The department is authorized to prepare and/or adopt a comprehensive water pollution control and abatement plan and to make subsequent amendments thereto, for each basin established pursuant to RCW 90.48.270. Comprehensive plans for sewage drainage basins may be prepared by any m…
RCW 90.48.285 Contracts with municipal or public corporations and political subdivisions to finance water pollution control projects—Requisites—Priorities.
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The department is authorized to enter into contracts with any municipal or public corporation or political subdivision within the state for the purpose of assisting such agencies to finance the design and construction of water pollution control projects, whether procured through …
RCW 90.48.290 Grants to municipal or public corporations or political subdivisions to aid water pollution control projects—Limitations.
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The department is authorized to make and administer grants within appropriations authorized by the legislature to any municipal or public corporation, or political subdivision within the state for the purpose of aiding in the construction of water pollution control projects neces…
RCW 90.48.310 Application of barley straw to waters of the state.
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(1) Notwithstanding any other provisions of this chapter, the application of barley straw to waters of the state for the purposes of water clarification does not require a state waste discharge permit as long as the following provisions are met:(a) The barley straw is applied at …
RCW 90.48.364 Discharge of oil into waters of the state—Definitions.
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For the purposes of this chapter, "technical feasibility" or "technically feasible" means that given available technology, a restoration or enhancement project can be successfully completed at a cost that is not disproportionate to the value of the resource before the injury.[ 19…
RCW 90.48.366 Discharge of oil into waters of the state—Compensation schedule.
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(1) The department, in consultation with the departments of fish and wildlife and natural resources, and the parks and recreation commission, shall adopt rules establishing a compensation schedule for the discharge of oil in violation of this chapter and chapter 90.56 RCW. The am…
RCW 90.48.367 Discharge of oil into waters of the state—Assessment of compensation.
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(1) After a spill or other incident causing damages to the natural resources of the state, the department shall conduct a formal preassessment screening as provided in RCW 90.48.368.(2) The department shall use the compensation schedule established under RCW 90.48.366 to determin…
RCW 90.48.368 Discharge of oil into waters of the state—Preassessment screening.
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(1) The department shall adopt rules establishing a formal process for preassessment screening of damages resulting from spills to the waters of the state causing the death of, or injury to, fish, animals, vegetation, or other resources of the state. The rules shall specify the c…
RCW 90.48.386 Department of natural resources leases.
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After May 15, 1991, the department of natural resources shall include in its leases for onshore and offshore facilities the following provisions:(1) Require those wishing to lease, sublease, or re-lease state-owned aquatic lands to comply with the provisions of this chapter;(2) R…
RCW 90.48.390 Coastal protection fund—Established—Moneys credited to—Use.
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The coastal protection fund is established to be used by the department as a revolving fund for carrying out the purposes of restoration of natural resources under this chapter and chapter 90.56 RCW. To this fund there shall be credited penalties, fees, damages, charges received …