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• Chapter 173-216 WAC

STATE W'ASTE DISCHARGE PERMIT PROGRAM

WAC 173-216-020 Policy enunciated. (1) It shall be

the policy of the department in carrying out the requirements

of this chapter, to maintain the highest possible standards to

•

ensure the purity of all waters ofthe state and to require the

use of all known. available and reasonable methods to

prevent and control the discharge of wastes into the waters

of the state. Notwithstanding that standards of quality

established for the waters of the state would not be violated,

WAC 173-216-010 Purpose. (I) The purpose of this

chapter is to implement a state permit program. applicable to

the discharge of waste materials from industrial. commercial.

and municipal operations into ground and surface waters of

the state and into municipal sewerage systems. However.

•

this regulation does not apply to the following:

.(a) The injection of fluids through wells which are

regulated by the Underground injection control program,

chapter 173-218 WAC. .

(b) The point source discharge of pollutants into

navigable waters of the state which are regulated by the

National Pollutant Discharge Elimination System (NPDES)

Permit Program. chapter 173-220 WAC.

(c) The discharge of pollutants into waters of the state

which are regulated by the Waste discharge general permit

program. chapter 173-226 WAC.

(2) Permits issued under this chapter are designed to

satisfy the requirement for discharge permits under the Water

Pollution Control Act, chapter 90.48 RCW and to implement

applicable pretreatment requirements under section 307 of

the Federal Water Pollution Control Act (33 U.S.c. § 1251

et seq.).

[Statutory Authority: Chapter 90.48 RCW. 93-10-099 (Order 92-55). §

173-216-010. filed 515/93. effective 5/19/93. Statutory Authority: Chapter

43.21A RCW. 86-06-040 (Order 86-03). § 173-216-010. filed 3/4/86.

Statutory Authority: RCW 43.2IA.445. 84-06-023 (Order DE 84-02). §

173-216-010. filed 2/29/84. Statutory Authority: Chapters 43.21A and

90.48 RCW. 83-23-073 (Order DE 83-29). § 173-216-010. filed 11/18183.

Fonnerly chapter 372-24 WAC.)

WAC

173-216-010

173·216-020

173-216-030

173·216-040

173-216-050

173-216-060

173-216-070

173-216-080

173-216-090

173-216-100

173-216-110

173-216-120

173·216-125

173-216-130

173-216-140

173-216-150

Purpose ..

Policy enunciated.

Definitions.

Authorization required.

Discharges not subject to permits,

Prohibited discharges.

Application for a permit.

Confidentiality of information.

Public notice.

Public hearings.

Permit terms and conditions.

Transfer of a permit,

Monitoring.

Modification. suspension. and revocation of permits.

Relationship with NPDES permits.

Delegation of authority to issue permits for discharges

into sewer systems.

wastes and other materials shall not be allowed to enter such

waters which will reduce the existing quality thereof. except

in those situations where it is clear that overriding considerations of public interest will be served. .

(2) Consistent with this policy, the discharge of waste

materials into municipalsewerage systems which would

interfere with. pass through, or otherwise be incompatible

with such systems or which would contaminate the sludge

will not be permitted:

(3) Consistent with this policy, the department will act

to prevent the disposal of wastes that present a risk to human

health. including the potential, chronic effects of lifetime

exposure to waste materials.

[Statutory Authority: Chapter 43.21A RCW. 86-06-040 (Order 86-03). §

173-216-020, filed 314186. Statutory Authority: RCW 43.2IA.445. 84-06-

023 (Order DE 84-02). § 173-216-020. filed 2/29184. Statutory Authority:

Chapters 43.21A and 90.48 RCW. 83-23-073 (Order DE 83-29). § 173-

216-020. filed 11118183.)

WAC 173·216-030 Definitions. For the purposes of

this chapter the following definitions shall be applicable:

(I) "Beneficial uses" shall include, but not be limited to,

use for domestic water. irrigation, fish, shellfish. game. and

other aquatic life. municipal. recreation. industrial water.

generation of electric power, and navigation.

(2) "Dangerous wastes" means' any discarded. useless,

unwanted, or abandoned nonradioactive substances, including

but not limited to certain pesticides, or any residues or

containers of such substances which are disposed of in such

quantity or concentration as to pose a substantial present or

potential hazard to human health. wildlife. or the environment because such wastes or constituents or combinations of

such wastes:

(a) Have short-lived. toxic properties that may cause

death, injury, or illness or have mutagenic, teratogenic, or

carcinogenic properties; or

(b) Are corrosive. explosive, flammable. or may

generate pressure through decomposition or other means

(Hazardous Waste Disposal Act, chapter 70.105 RCW)..

(3) "Department" means department of ecology.

(4) "Domestic wastewater" means water carrying human

wastes. including kitchen. bath. and laundry wastes from

residences. buildings. industrial establishments or other

places. together with such ground water infiltration or

surface waters as may be present (submission of plans and

reports for construction of wastewater facilities, chapter 173-

240 WAC). .

(5) "Domestic wastewater facility" means all structures.

equipment, or processes required to collect, carry away. treat,

reclaim. or dispose of domestic wastewater together with

such industrial waste as may be present. In case of subsurface sewage treatment and disposal, the term is restricted to

mean those facilities treating and disposing of domestic

wastewater only from:

(9f22193) [Cb. 173-216 WAC-p. II
State Waste Discharge Permit Program 173-216·040 r,

(2) Any person who constructs or modifies or proposes

to construct or modify wastewater facilities must first

comply with the regulations for submission of plans and

reports for construction of wastewater facilities, chapter 173-

240 WAC.

[Statutory Authority: Chapter 90.48 RCW. 93-10-099 (Order 92-SS). §

173-216-040. filed S/5193. effective S/19193. Statutory Authority: Chapters

43.21A and 90.48 RCW. 83-23-073 (Order DE 83-29). § 173-216-040.

filed 11118183.)

WAC 173·216·050 Discharges not subject to

permits. (1) The following discharges are not subject to

permits under this chapter;

(a) Discharges to municipal sewerage systems of

domestic wastewater from residential, commercial, or

industrial structures.

(b) Any industrial or commercial discharge to a municipal sewerage system for which authority to issue permits has

been granted to the municipality under RCW 90.48.165.

(c) Any industrial or commercial discharge to a municipal sewerage system operating under, and in compliance

with, the applicable requirements of a local pretreatment

program approved under section 307 of.FWPCA and WAC

173-216-150. In the event of noncompliance, this exemption

no longer applies and the discharger is immediately subject

to enforcement action under chapter 90.48 RCW for discharging without a waste discharge permit.

(d) Discharges to municipal sewerage systems of wastes

from industrial or commercial sources whose wastewater is

similar in character and strength to normal domestic

wastewater: Provided. That such discharges do not have the

potential to adversely affect performance of the system.

Examples of this type of discharge sources may include

hotels, restaurants, laundries and food preparation establishments.

(e) Discharges for which an NPDES permit from the

department is required pursuant to chapter 173-220 WAC.

(f) Discharges which are otherwise subject to the permit

requirements of this chapter but which are covered under a

general permit issued pursuant to chapter 173-226 WAC.

(g~ Discharges of domestic wastewater from a septic

tank With subsurface sewage treatment and disposal and an

ultimate design capacity less than or equal to fourteen

thousand five hundred gallons per day. These systems are

governed by on-site sewage disposal systems, chapter 246-

272 WAC which is administered by the Washington state

department of health.

(h) Discharges of domestic wastewater from a mechanical treatment system or lagoon followed by subsurface

disposal with an ultimate design capacity less than or equal

to three thousand five hundred gallons per day. These

systems are governed by on-site sewage disposal systems,

~hapter 246-272 WAC which is administered by the Washington state department of health.

(2) A permit is required for any source subject to

pretreatment standards promulgated under section 307 of

FWPCA, unless exempted under subsections (I)(b) and (c)

of this section.

(3) These exemptions shall not relieve .any discharger

from the requirement to apply all known, available, and

reasonable methods to prevent and control waste discharges

to the waters of the state, nor the requirement to obtain

(9~3)

approval of plans and reports for the construction of

wastewater facilities. Nothing herein shall limit the authority

of the department to take enforcement action for any

unlawful discharge of waste materials or other violations of

the Water Pollution Control Act, chapter 90.48 RCW.

[Statutory Authority: Chapler 90:48 RCW. 93-10-099 (Order 92-SS). §

173-216-050. filed 5/SI93.effective 5119193. Statutory Authority: Chapter

43.21A RCW. 86-06-040 (Order 86-03). § 173-216-0S0. filed 3/4/86.

Statutory Authority: Chapter 90.48 RCW. 8S-Q4-006(Order 84-SI). § 173-

216-050. filed 1125185. Statutory AUlhority: Cbapte~ 43.21A and 90.48

RCW. 83-23-073 (Order DE 83-29). § 173-21~. filed 11118183·1

WAC 173·216·060 Prohibited discharges. (1) The

discharge restrictions and prohibitions of dangerous waste

regulations, chapter 173-303 WAC shall apply to this

chapter.

(2) In addition, the following are prohibited:

(a) The discharge into a municipal sewerage system of

substances prohibited from such discharge by section 307 of

FWPCA.

(b) All of the following discharges to a municipal

sewerage system:

(i) Waste materials that pass through the treatment

works untreated or interfere with its operation or performance.

(ii) Any liquids, solids or gases which by reason of their

nature or quantity are or may besufficient either alone or by

interaction to cause fire or explosion or be capable of

creating a public nuisance or hazard to life or are sufficient

to prevent entry into the sewers for their maintenance and

repair or be injurious in any other way to the operation of

the system or the operating personnel.

(iii) Solid or viscous substances which may cause

obstruction to the flow in a sewer or other interference with

the operation of the system.

(iv) Any wastewater having a pH less than 5.0 or

greater than 11~O or having any other corrosive property

capable of causing damage or hazard to structures, equipment, or personnel of the system, unless the system is

specifically designed to accommodate such discharge and the

discharge is authorized by a permit under this chapter.

(v) Wastewater which would cause the influent temperature to exceed 40°C (104°F), unless the system is specifically designed to accommodate such discharge and the discharge is authorized by a permit under this chapter. In any

case, any wastewater having a temperature which will

interfere with the biological activity in the system is prohibited.

(vi) Any waste materials, including oxygen demanding

waste materials (BOD, etc.), released in either a slug load or

continuous discharge of such volume or strength as to cause

interference to the system. .

(vii) Any of the following discharges unless approved

by the department under extraordinary circumstances, such

as lack of direct discharge alternatives due to combined

sewer service or need to' augment sewage flows due to septic

conditions: . .

(A) Noncontact cooling water in significant volum~s.

(B) Stormwater, and other direct inflow sources.

(C) Wastewaters significantly affecting system hydraulic

loading, which do not require treatment or would not be

afforded a significant degree of treatment by the system.

[eb. 173-216WAC-p. 3J

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... State Waste Discharge Permit Program 173-116-090

[Statutory Authority: Chapters 43.21A and 90.48 RCW. 83·23-073 (Order .E83·29). t 173-216-090, tiled 11/18/H]

WAC 173·116·100 Public hearings. (I) Any

interested person may request a public hearing with respect

to permit applications for which notice is required pursuant

to'WAC 173-216-090. Any such request for a public

hearing shall be filed within the thirty-day period prescribed

in WAC 173-216-090(6) and shall indicate the interest of the

party filing such request and the reasons why a hearing is

warranted.

(2) The department shall hold a hearing if it determines

there is a significant public interest.

(3) Any hearing held pursuant to this subsection shall be

held at a time and place deemed appropriate by the department.

(4) Public notice of any hearing held pursuant to this

section shall be circulated at least as widely as' was the

notice of the application.

(5) Procedures for the circulation of public notice for

hearings held shall include at least the following:

(a) Notice shall be published, at the applicant's expense,

in at least one newspaper of general circulation within the

area of the discharge;

(b) Notice shall be sent to all persons who received a

copy of the notice given under WAC 173-216-090;

(c) Notice shall be mailed to any person upon request;

(d) Notice shall be given at least thirty days in advance

of the hearing.

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(6) The contents of public notice of any hearing held

pursuant to this section shall include at least the following:

(a) Name, address, and phone number of the office of

the department holding the public hearing;

(b) The purpose of the hearing;

(c) Name and address of the applicant;

(d) A brief description of the point(s) of discharge;

(e) Information regarding the time and location for the

hearing;

(f) A brief description of the nature of the hearing;

(g) A concise statement of the issues raised by the

persons requesting the hearing, when applicable;

(h) A brief reference to the public notice issued for each

application, including identification number and date of

issuance; and

(i) Address and phone number of premises at which

interested persons may obtain information,

[Statutory Authority: Chapters 43.21A and 90.48 RCW. 83·23-Q73 (Order

DE 83-29), § 173-216-100, filed 11/18183.1

WAC 173·116·110 Permit terms and conditions.

(I) Any permit issued by the department shall specify

conditions necessary to prevent and control waste discharges

into the waters of the state, including the following, whenever applicable:

(a) All known, available, and reasonable methods of

prevention, control, and treatment;

•

(b) Pretreatment requirements;

(c) Requirements pursuant to other laws, including the

state's Hazardous Waste Disposal Act, chapter 70.105 RCW,

the Solid waste management-Recovery and recycling,

chapter 70.95 RCW, the Resource Conservation and Recov-

(9122193)

ery Act of 1976, Public Law 95.190 or any other applicable

local ordinances. state. or federal statute, to the extent that

they pertain to the prevention or control of waste discharges

into the waters of the state;

(d) Any conditions necessary to meet applicable water

quality standards for surface waters or to preserve or protect

beneficial uses for ground waters;

(e) Requirements necessary to avoid conflict with a plan

approved pursuant to section 208(b) of FWPCA;

. (f) Any conditions necessary to prevent and control

pollutant discharges from plant site runoff, spillage or leaks,

sludge or waste disposal, or raw material storage;

(g) Any appropriate monitoring, reporting and record

keeping requirements as specified by the department,

including applicable requirements under sections 307 and

308 of FWPCA; .

(h) Schedules of compliance, including those required

under sections 301 and 307 of FWPCA, which shall set forth

the shortest reasonable time period to achieve the specified

requirements; and

(i) Prohibited discharge requirements as contained in

WAC 173-216-060.

(2) The permits shall be for a fixed term, not exceeding

five years.

(3) Representatives of the department 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 or the possible

pollution of any waters of the state. Reasonable times shall

include normal business hours, hours during which production, treatment, or discharge occurs, or times when the

department suspects a violation requiring immediate inspection. Representatives of the department shall be allowed to

have access to. and copy at reasonable cost, any records

required to be kept under terms and conditions of the permit,

to inspect any monitoring equipment or method required in

the permit and to sample the discharge, waste treatment

processes. or internal waste streams.

(4) The permittee shall at all times be responsible for

the proper operation and maintenance of any facilities or

systems of control installed by the permittee to achieve

compliance with the terms and conditions of the permit.

Where design criteria have been established, the permittee

. shall not permit flows or waste loadings to exceed approved

design criteria or approved revisions thereto.

(5) A new application, or supplement to the previous

application, shall be submitted, along with required engineering plans and reports, whenever a new or increased discharge or change in the nature of the discharge is anticipated

which is not specifically authorized by the current permit.

Such application shall be submitted at least sixty days prior

to any proposed changes.

(6) In the event the permittee is unable to comply with

any of the permit terms and conditions due to any cause, the

permittee shall:

(a) Immediately take action to stop, contain, and Cleanup

unauthorized discharges or otherwise stop the violation, and

correct the problem;

(b) Immediately notify the department of the failure to

comply; and

(c) Submit a detailed written report to the department

within thirty days, unless requested earlier by the depart-

[eb. 173-216WAC-p. 5]
State Waste Discharge Permit Program

cities. towns. and other municipal corporations who administer a local permit program shall fulfill the requirements of

chapter 173-208 WAC and 40 CFR Part 403.

ISllllUlory Authority: Chapter 43.21A RCW. 86-06-040 (Order 86-03). §

ID-216-ISO. filed 3/4186.J

(9122193)

173·216·150

leb. 173-216WAC-p. 7]

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• Chapter 173-218 WAC

UNDERGROUND INJECTION CONTROL PROGRAM

WAC 173-218-010 Purpose. (I) The purpose of

this chapter is to set forth the procedures and practices

applicable to the injection of fluids thr~ugh wells. ..

(2) Permits issued in accordance with the provrsions

of this chapter are designed:

(a) To satisfy the intent and requirements of Part C

of the Federal Safe Drinking Water Act (SDWA) 42

U.S.C. § 300h et. seq. as authorized by RCW 43.21A-

.445 and of the Water Pollution Control Act, chapter

90.48 RCW; and

(b) To preserve and protect ground waters, 'including

underground sources of drinking water, for existing and

future beneficial uses. [Statutory Authority: RCW 43-

.21A.445. 84-D6-o23 (Order DE 84-D2), § 173-218-

010, filed 2/29/84.]

WAC 173-218-020 Policy enunciated. (1) It shall

be the policy of the department of ecology in carrying

out the purposes of this chapter:

(a) To maintain the highest possible standards to prevent the injection of fluids that may endanger ground

waters which are obtaina ble for beneficial uses or which

contain fewer than 10,000 rng/L of total dissolved solids;

(b) To require the use of all known, available, and

reasonable methods to prevent and control the discharge

of fluids and waste fluids into the waters of the state;

(c) To protect public health and welfare through

preservation and protection of the quality of the state's

ground waters.

(2) Consistent with this policy:

(a) The disposal of waste fluids from industrial, commercial, or municipal sources into 'wells will not be

authorized by the department, except that existing operations are authorized providing these operations satisfy

the standards and requirements of this chapter;

(b) The department will act to prevent the disP:OSal of

waste fluids that present a risk to human health, including the potential, chronic effects of lifetime exposure 'to

waste fluids, [Statutory Authority: RCW 43.21A.,445.

84-C6-023 (Order DE 84-D2), § 173-218-020, filed

2/29/84.]

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WAC

IH-2IS--Q10

173-21~20

J7J-2IS~30

I73-218---Q40

173-2I8--QSO

173-2IS~

113-21~10

173-21S--Q80

173-2 1S-090

113-2IS-100

113-2IS-110

Purpose.

Policy enunciated.

Definitions.

Authorization required.

Class I injection wells.

Class II injection wells.

Class III injection wells.

Class IV injection wells.

Class V injection wells.

Permit terms and conditions.

Enforcement.

WAC 173-218-030 Definitions. (1) "Beneficia]

uses" shall include, among others, uses for domestic water, irrigation, fish, shellfish. game, and other aquatic

life, municipal, recreation. industrial water, generation

of electric power, and navigation.

(2) "Class I injection well" means a well used to inject industrial, commercial, or municipal waste fluids

beneath the lowermost formation containing, within

1/4-mile of the well bore, an USDW.

(3) "Class II injection well" means a well used to inject fluids:

(a) Brought to the surface in connection with conventional oil or natural gas' exploration or production and

may be commingled with wastewate~s from g~s plants

which are an integral part of production operations, unless those waters are classified as dangerous wastes at

the ti~e of injection;

(b) For enhanced recovery of oil or natural gas; or

(c) For storage of hydrocarbons which are liquid at

standard temperature and pressure.

(4) "Class III injection well" means a well used for

extraction of minerals, including but not limited to the

injection of fluids for: _

(a) In-situ production of uranium or other metals that

have not been conventionally mined;

(b) Mining of sulfur by Frasch process; or

(c) Solution mining of salts or potash.

(5) "Class IV injection well" means a well used to inject dangerous or radioactive waste fluids,

(6) "Class V injection well" means all injection wells

not included in Classes I, II, III, or IV.

(7) •Dangerous waste' means any discarded, useless,

unwanted, or abandoned nonradioactive substances, including but not limited to certain pesticides or any residues or containers -of such substances, which are

disposed of in such quantity or concentration as to pose

a substantial present or potential hazard to human

health, wildlife, or the environment because such wastes

or constituents or combinations of such wastes:

(a) Have short-lived, toxic properties that may cause

death, injury, or illness or have mutagenic, tertogenic, or

carcinogenic properties; or

(b) Are corrosive, explosive, flammable, or may generate pressure through decomposition or other means

(Hazardous Waste Disposal Act, chapter 70.105 RCW).

(8) "Department" means department of ecology.

(9) • Fluid means any material or substance which

flows or moves whether in a semisolid, liquid, sludge,

gas, or any other form ~r state. _ .

(10) "Ground waters" means all waters that exist beneath the land surface or beneath the bed of any stream,

lake or reservoir, or other body of surface water within

(2/29/S4) 1Ch. 173-218 WAC--1I I\
Underground Injection Control Program

Waste Discharge Permit Program, chapter 173-216

,WAC.

(3) All other Class V injection well owners and operators must· notify the department of the location of injection wells within one year of approval of the state

underground injection control program by the United

States environmental protection agency. The notification

shall be on a form as prescribed by the department and

will include the information needed to satisfy the reo

quirernents of 40 Code of Federal Regulations Part

146.52. [Statutory Authority: RCW 43.21A.445. 84-06--

023 (Order DE 84--{)2). § 173-218-{)90. filed 2/29/84.]

WAC 173-118-100 Permit terms and conditions.

(1) Any permit issued by the department shall specify

conditions necessary to prevent and control injection of

fluids into the waters of the state. including the following. whenever applicable:

(a) All known. available. and reasonable methods of

prevention. control. and treatment;

(b) Applicable requirements as contained in 40 Code

of Federal Regulations Parts 124 and 144 as published

in Federal Register Volume 48, #64 (April I, 1983) and

Part 146 as published in Federal Register Volume 45.

'123 "(June 24. 1980). Volume 46, #166 (August 27.

1981) and Volume 47, #23 (February 3.1982); and

(c) Any conditions necessary to preserve and protect

USDW.

(2) Any injection well that causes or allows the movement of fluid into an USDW that may result in a violation of any primary" drinking water standard under 40

Code of Federal' Regulations Part 141 or that may

otherwise adversely affect the beneficial use of an

USDW is prohibited. [Statutory Authority: RCW 43·

.21A.445. 84--{)6-{)23 (Order DE 84-Q2). § 173-218-

100. filed 2/29/84.]

WAC 173-118-110 Enforcement. (1) For violations

of this chapter. the department shall have the remedies

available in the Water Pollution Control Act. chapter

90.48 RCW. and all other applicable statutes.

(2) All injection well operations not operated in accordance with the provisions of this chapter. that cause

or tend to cause entry of fluids into the waters of the

state as a result of a violation of these provisions. constitutes pollution of the waters of the state in violation of

RCW 90.48.080. [Statutory Authority: RCW 43.21A-

.445. 84-()6.-{)23 (Order DE 84-Q2). § 173-218-110.

filed 2/29/84.]

(2/29/84)

173-218-110

lOa. 173-118 WAC--. 3)

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