Title 90, Title 90 WATER RIGHTS—ENVIRONMENT
31 chapters · 660 sections in this title.
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 …
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…