Title 90, Title 90 WATER RIGHTS—ENVIRONMENT
31 chapters · 660 sections in this title.
RCW 90.64.005 Findings.
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The legislature finds that there is a need to establish a clear and understandable process that provides for the proper and effective management of dairy nutrients that affect the quality of surface or ground waters in the state of Washington. The legislature finds that there is …
RCW 90.64.010 Definitions.
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Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.(1) "*Advisory and oversight committee" means a balanced committee of agency, dairy farm, and interest group representatives convened to provide oversight and direction to…
RCW 90.64.017 Registration of dairy producers—Information required—Information to producers regarding chapter.
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(1) Every dairy producer licensed under chapter 15.36 RCW shall register with the department by September 1, 1998, and shall reregister with the department by September 1st of every even-numbered year. Every dairy producer licensed after September 1, 1998, shall register with the…
RCW 90.64.020 Concentrated dairy animal feeding operation—Designation—Permit.
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(1) The director of the department of ecology may designate any dairy animal feeding operation as a concentrated dairy animal feeding operation upon determining that it is a significant contributor of pollution to the surface or ground waters of the state. In making this designat…
RCW 90.64.023 Inspection program.
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(1) By October 1, 1998, the department shall initiate an inspection program of all dairy farms in the state. The purpose of the inspections is to:(a) Survey for evidence of violations;(b) Identify corrective actions for actual or imminent discharges that violate or could violate …
RCW 90.64.026 Dairy nutrient management plans—Elements—Approval—Timelines—Certification.
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(1) Except for those producers who already have a certified dairy nutrient management plan as required under the terms and conditions of an individual or general national pollutant discharge elimination system permit, all dairy producers licensed under chapter 15.36 RCW, regardle…
RCW 90.64.028 Appeals from denial of plan approval or certification—Dairy producer-requested hearings—Extension of timelines.
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(1) Conservation district decisions pertaining to denial of approval or denial of certification of a dairy nutrient management plan; modification or amendment of a plan; conditions contained in a plan; application of any dairy nutrient management practices, standards, methods, an…
RCW 90.64.030 Investigation of dairy farms—Report of findings—Corrective action—Violations of water quality laws—Waivers—Penalties.
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(1) Under the inspection program established in RCW 90.64.023, the department may investigate a dairy farm to determine whether the operation is discharging pollutants or has a record of discharging pollutants into surface or ground waters of the state. Upon concluding an investi…
RCW 90.64.040 Appeal from actions and orders of the department.
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Enforcement actions and administrative orders issued by the department of ecology may be appealed to the pollution control hearings board in accordance with the provisions of chapter 43.21B RCW.[ 1993 c 221 s 5.]
RCW 90.64.050 Duties of department—Annual report to commission.
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(1) The department has the following duties:(a) Identify existing or potential water quality problems resulting from dairy farms through implementation of the inspection program in RCW 90.64.023;(b) Inspect a dairy farm upon the request of a dairy producer;(c) Receive, process, a…
RCW 90.64.070 Duties of conservation district.
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(1) The conservation district has the following duties:(a) Provide technical assistance to the department in identifying and correcting existing water quality problems resulting from dairy farms through implementation of the inspection program in RCW 90.64.023;(b) Immediately ref…
RCW 90.64.080 Duties of conservation commission.
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(1) The conservation commission has the following duties:(a) Provide assistance as may be appropriate to the conservation districts in the discharge of their responsibilities as management agencies in dairy nutrient management program implementation;(b) Provide coordination for c…
RCW 90.64.100 Parties' liability.
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A party acting under this chapter is not liable for another party's actions under this chapter.[ 1993 c 221 s 11.]
RCW 90.64.102 Recordkeeping violations—Civil penalty.
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(1) Except as provided in chapter 43.05 RCW, the department of agriculture may impose a civil penalty on a dairy producer in an amount of not more than five thousand dollars for failure to comply with recordkeeping requirements in RCW 90.64.010(17)(c). The aggregate amount of the…
RCW 90.64.110 Rules.
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The department may adopt rules as necessary to implement this chapter.[ 1993 c 221 s 12.]
RCW 90.64.120 Department's authority under federal law or chapter 90.48 RCW not affected.
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(1) Nothing in this chapter shall affect the department of ecology's authority or responsibility to administer or enforce the national pollutant discharge elimination system permits for operators of concentrated dairy animal feeding operations, where required by federal regulatio…
RCW 90.64.130 Database.
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(1) By October 1, 1998, the department, in consultation with the *advisory and oversight committee, shall develop and maintain a database to account for the implementation of this chapter.(2) The database shall track registrations; inspection dates and results, including findings…
RCW 90.64.150 Livestock nutrient management account.
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The livestock nutrient management account is created in the custody of the state treasurer. All receipts from monetary penalties levied pursuant to violations of this chapter must be deposited into the account. Expenditures from the account may be used only to provide grants for …
RCW 90.64.170 Livestock nutrient management program—Review of statutory authority—Recommendations for statutory changes—Prerequisite to administering federal program.
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(1) The legislature finds that a livestock nutrient management program is essential to protecting the quality of the waters of the state and ensuring a healthy and productive livestock industry.(2) The departments of agriculture and ecology shall examine their current statutory a…
RCW 90.64.180 Protocol for monitoring waters near dairies and CAFOs.
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(1) The department of ecology shall develop and maintain a standard protocol for water quality monitoring of the waters of the state within the vicinity of dairies and CAFOs. The protocol shall include sampling methods and procedures and identify the water quality constituents to…
RCW 90.64.190 Information subject to public records disclosure—Rules.
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This section applies to dairies, AFOs, and CAFOs, not required to apply for a permit. Information in plans, records, and reports obtained by state and local agencies from livestock producers under chapter 510, Laws of 2005 regarding (1) number of animals; (2) volume of livestock …
RCW 90.64.200 Inspecting and investigating conditions relating to the pollution of waters of the state—Access denied—Application for search warrant.
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The director of agriculture may enter at all reasonable times in or upon dairy farms for the purpose of inspecting and investigating conditions relating to the pollution of any waters of the state.If the director of agriculture or the director's duly appointed agent is denied acc…
RCW 90.64.800 Reports to the legislature.
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The department, in conjunction with the conservation commission and *advisory and oversight committee, shall report to the legislature by December 1st of each year until 2003, on progress made in implementing chapter 262, Laws of 1998. At a minimum, the reports shall include data…
RCW 90.64.900 Effective date—1998 c 262.
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This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 1, 1998].[ 1998 c 262 s 22.]
RCW 90.64.901 Transfer of powers, duties, and functions to the department of agriculture.
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(1) All powers, duties, and functions of the department of ecology pertaining to chapter 90.64 RCW are transferred to the department of agriculture. All references to the director of ecology or the department of ecology in the Revised Code of Washington shall be construed to mean…