173-201A-500 << 173-201A-510 >> 173-201A-520

(1) Permitting. The primary means to be used for controlling municipal, 

commercial, and industrial waste discharges shall be through the issuance of waste 

discharge permits, as provided for in RCW 90.48.160, 90.48.162, and 90.48.260. 

Waste discharge permits, whether issued pursuant to the National Pollutant Discharge 

Elimination System or otherwise, must be conditioned so the discharges authorized 

will meet the water quality standards. No waste discharge permit can be issued that 

causes or contributes to a violation of water quality criteria, except as provided for in 

this chapter.

(a) Persons discharging wastes in compliance with the terms and conditions of 

permits are not subject to civil and criminal penalties on the basis that the discharge 

violates water quality standards.

(b) Permits must be modified by the department when it is determined that the 

discharge causes or contributes to a violation of water quality standards. Major 

modification of permits is subject to review in the same manner as the originally issued 

permits.

(2) Miscellaneous waste discharge or water quality effect sources. The 

director shall, through the issuance of regulatory permits, directives, and orders, as 

are appropriate, control miscellaneous waste discharges and water quality effect 

sources not covered by subsection (1) of this section.

(3) Nonpoint source and storm water pollution.

(a) Activities which generate nonpoint source pollution shall be conducted so as to 

comply with the water quality standards. The primary means to be used for requiring 

compliance with the standards shall be through best management practices required 

in waste discharge permits, rules, orders, and directives issued by the department for 

activities which generate nonpoint source pollution.

(b) Best management practices shall be applied so that when all appropriate 

combinations of individual best management practices are utilized, violation of water 

quality criteria shall be prevented. If a discharger is applying all best management 

practices appropriate or required by the department and a violation of water quality 

criteria occurs, the discharger shall modify existing practices or apply further water 

pollution control measures, selected or approved by the department, to achieve 

compliance with water quality criteria. Best management practices established in 

permits, orders, rules, or directives of the department shall be reviewed and modified, 

as appropriate, so as to achieve compliance with water quality criteria.

(c) Activities which contribute to nonpoint source pollution shall be conducted 

utilizing best management practices to prevent violation of water quality criteria. When 

applicable best management practices are not being implemented, the department 

may conclude individual activities are causing pollution in violation of RCW 90.48.080. 

WAC 173-201A-510 Agency filings affecting this section

Means of implementation.

WAC 173-201A-510: Means of implementation. Page 1 of 4

http://apps.leg.wa.gov/WAC/default.aspx?cite=173-201A-510 8/26/2015
In these situations, the department may pursue orders, directives, permits, or civil or 

criminal sanctions to gain compliance with the standards.

(d) Activities which cause pollution of storm water shall be conducted so as to 

comply with the water quality standards. The primary means to be used for requiring 

compliance with the standards shall be through best management practices required 

in waste discharge permits, rules, orders, and directives issued by the department for 

activities which generate storm water pollution. The consideration and control 

procedures in (b) and (c) of this subsection apply to the control of pollutants in storm 

water.

(4) General allowance for compliance schedules.

(a) Permits, orders, and directives of the department for existing discharges may 

include a schedule for achieving compliance with water quality criteria contained in 

this chapter. Such schedules of compliance shall be developed to ensure final 

compliance with all water quality-based effluent limits in the shortest practicable time. 

Decisions regarding whether to issue schedules of compliance will be made on a 

case-by-case basis by the department. Schedules of compliance may not be issued 

for new discharges. Schedules of compliance may be issued to allow for: (i) 

Construction of necessary treatment capability; (ii) implementation of necessary best 

management practices; (iii) implementation of additional storm water best 

management practices for discharges determined not to meet water quality criteria 

following implementation of an initial set of best management practices; (iv) 

completion of necessary water quality studies; or (v) resolution of a pending water 

quality standards' issue through rule-making action.

(b) For the period of time during which compliance with water quality criteria is 

deferred, interim effluent limitations shall be formally established, based on the best 

professional judgment of the department. Interim effluent limitations may be numeric 

or nonnumeric (e.g., construction of necessary facilities by a specified date as 

contained in an ecology order or permit).

(c) Prior to establishing a schedule of compliance, the department shall require the 

discharger to evaluate the possibility of achieving water quality criteria via 

nonconstruction changes (e.g., facility operation, pollution prevention). Schedules of 

compliance may in no case exceed ten years, and shall generally not exceed the term 

of any permit.

(5) Compliance schedules for dams:

(a) All dams in the state of Washington must comply with the provisions of this 

chapter.

(b) For dams that cause or contribute to a violation of the water quality standards, 

the dam owner must develop a water quality attainment plan that provides a detailed 

strategy for achieving compliance. The plan must include:

(i) A compliance schedule that does not exceed ten years;

(ii) Identification of all reasonable and feasible improvements that could be used to 

meet standards, or if meeting the standards is not attainable, then to achieve the 

highest attainable level of improvement;

WAC 173-201A-510: Means of implementation. Page 2 of 4

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(iii) Any department-approved gas abatement plan as described in WAC 173-

201A-200 (1)(f)(ii);

(iv) Analytical methods that will be used to evaluate all reasonable and feasible 

improvements;

(v) Water quality monitoring, which will be used by the department to track the 

progress in achieving compliance with the state water quality standards; and

(vi) Benchmarks and reporting sufficient for the department to track the applicant's 

progress toward implementing the plan within the designated time period.

(c) The plan must ensure compliance with all applicable water quality criteria, as 

well as any other requirements established by the department (such as through a total 

maximum daily load, or TMDL, analysis).

(d) If the department is acting on an application for a water quality certification, the 

approved water quality attainment plan may be used by the department in its 

determination that there is reasonable assurance that the dam will not cause or 

contribute to a violation of the water quality standards.

(e) When evaluating compliance with the plan, the department will allow the use of 

models and engineering estimates to approximate design success in meeting the 

standards.

(f) If reasonable progress toward implementing the plan is not occurring in 

accordance with the designated time frame, the department may declare the project in 

violation of the water quality standards and any associated water quality certification.

(g) If an applicable water quality standard is not met by the end of the time 

provided in the attainment plan, or after completion of all reasonable and feasible 

improvements, the owner must take the following steps:

(i) Evaluate any new reasonable and feasible technologies that have been 

developed (such as new operational or structural modifications) to achieve compliance 

with the standards, and develop a new compliance schedule to evaluate and 

incorporate the new technology;

(ii) After this evaluation, if no new reasonable and feasible improvements have 

been identified, then propose an alternative to achieve compliance with the standards, 

such as site specific criteria (WAC 173-201A-430), a use attainability analysis (WAC 

173-201A-440), or a water quality offset (WAC 173-201A-450).

(h) New dams, and any modifications to existing facilities that do not comply with a 

gas abatement or other pollution control plan established to meet criteria for the water 

body, must comply with the water quality standards at the time of project completion.

(i) Structural changes made as a part of a department approved gas abatement 

plan to aid fish passage, described in WAC 173-201A-200 (1)(f)(ii), may result in 

system performance limitations in meeting water quality criteria for that parameter at 

other times of the year.

[Statutory Authority: Chapters 90.48 and 90.54 RCW. WSR 03-14-129 (Order 02-14), 

amended and recodified as § 173-201A-510, filed 7/1/03, effective 8/1/03. Statutory Authority: 

Chapter 90.48 RCW and 40 C.F.R. 131. WSR 97-23-064 (Order 94-19), § 173-201A-160, filed 

WAC 173-201A-510: Means of implementation. Page 3 of 4

http://apps.leg.wa.gov/WAC/default.aspx?cite=173-201A-510 8/26/2015
11/18/97, effective 12/19/97. Statutory Authority: Chapter 90.48 RCW. WSR 92-24-037 (Order 

92-29), § 173-201A-160, filed 11/25/92, effective 12/26/92.]

WAC 173-201A-510: Means of implementation. Page 4 of 4

http://apps.leg.wa.gov/WAC/default.aspx?cite=173-201A-510 8/26/2015