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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 ofthe departmentin carrying out the requirements ofthis chapter, to maintain the highestpossible standards to

• ensure the purity ofall waters ofthe state and to require the

use ofall known. available and reasonable methods to prevent and control the discharge ofwastes into the waters ofthe state. Notwithstanding that standards ofquality established for the waters ofthe state would not 

### be violated, WAC 173-216-010 

### Purpose. (I) The purpose ofthis chapter is to implement a state 

### permitprogram. applicable to the discharge ofwaste 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 offluids through wells which are regulated by the Underground injection control program, chapter 173-218 WAC.

. (b) The point source discharge ofpollutants into navigable waters ofthe state which are regulated by the National Pollutant Discharge Elimination System (NPDES) Permit Program. chapter 173-220WAC. (c) The discharge ofpollutants into waters ofthe 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, chapter90.48 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 (OrderDE 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 ofinformation. Public notice. Public hearings. Permit terms and conditions. Transferofa 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 

### beallowed to enter such waters which will reduce 

### theexisting quality thereof. except in those situations where it is clearthatoverriding considerations of public interest will 

### be served.

. (2) Consistent with this policy, the discharge ofwaste 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 

### bepermitted: (3) Consistent with this policy, the department will act to prevent 

### the disposal ofwastes that 

### presenta risk to human health. including the potential, chronic effects oflifetime exposure to waste materials.
[Statutory Authority: Chapter43.21A RCW. 86-06-040 (Order 86-03). § 173-216-020, filed 314186. Statutory Authority: RCW 43.2IA.445. 84-06- 023 (OrderDE 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 chapterthe following definitions shall 

### beapplicable: (I) "Beneficial uses" shall include, but not 

### belimited to, use for domestic water. irrigation, fish, shellfish. game. and other aquatic life. municipal. recreation. industrial water. generation ofelectric 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 ofin 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 ofecology. (4) "Domestic wastewater" means watercarryinghuman
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 

### bepresent (submission ofplans and reports for construction ofwastewater facilities, chapter 173- 240 WAC).

. (5) "Domestic wastewater facility" means all structures. equipment, or processes required to collect, carry away. treat, reclaim. or dispose ofdomestic wastewater together with such industrial waste as may 

### be present. In case ofsubsurface sewagetreatment and disposal, the term isrestricted to

mean those facilities treating and disposing ofdomestic
wastewateronly from:

(9f22193) [Cb. 173-216WAC-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 ofplans and reports forconstruction ofwastewater 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 underRCW 90.48.165. (c) Any industrial or commercial discharge to a municipal sewerage system operating under, and in compliance with, the applicable requirements ofa local pretreatment program approved under section 307 of.FWPCA and WAC 173-216-150. In the event ofnoncompliance, this exemption

no longer applies and the dischargeris immediately subject
to enforcement action under chapter 90.48 RCW for discharging without a waste discharge permit. (d) Discharges to municipal sewerage systems ofwastes from industrial or commercial sources whose wastewateris similar in character and strength to normal domestic
wastewater: Provided. That such discharges do not have the potential to adversely affect performance ofthe system. Examples ofthis type ofdischarge 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 173-220WAC. (f) Discharges which areotherwise subject to the permit requirements ofthis chapterbut which are covered undera general permit issued pursuant to chapter 173-226 WAC.**(g~** Discharges ofdomestic wastewater from a septic tank Withsubsurface 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 ofhealth. (h) Discharges ofdomestic wastewaterfrom amechanical 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 ofhealth. (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) ofthis section. (3) These exemptions shall not relieve.any discharger from the requirement to apply all known, available, and reasonable methods topreventand control waste discharges
to the waters ofthe state, nor the requirement to obtain**(9~3)** approval ofplans and reports for the construction of wastewater facilities. Nothing herein shalllimitthe authority ofthe department to take enforcement action for any unlawful discharge of waste materials orotherviolations of the Water Pollution Control Act, chapter90.48 RCW.
[Statutory Authority: Chapler90:48 RCW. 93-10-099 (Order 92-SS). § 173-216-050. filed 5/SI93.effective5119193. 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(Order84-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 ofdangerous waste regulations, chapter 173-303 WAC shall apply to this chapter. (2) In addition, the following are prohibited: (a) The discharge into amunicipal sewerage system of substances prohibited from such discharge by section 307 of FWPCA. (b) All ofthe 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 orgases 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 

### beinjurious in any otherway to the operation of the system or the operating personnel. (iii) Solid or viscous substances which may cause obstruction to the flow in a seweror other interference with the operation ofthe system. (iv) Any wastewater having a pH less than 5.0 or greater than 11**~O** or having any othercorrosive property capable ofcausing damage or hazard to structures, equipment, orpersonnel ofthe 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 exceed40°C (104°F), unless the system is specifically designed to accommodate such discharge and the discharge is authorized by apermitunder this chapter. In any
case, any wastewaterhaving a temperature which will interfere with the biological activity in the system isprohibited.(vi) Any waste materials, including oxygen demanding
waste materials (BOD, etc.), released ineithera slug load or continuous discharge ofsuch 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 ofdirect discharge alternatives due to combined sewer service or need to' augment sewage flows due to septic conditions:

. . (A) Noncontactcooling water in significant

### volum~s. (B) Stormwater, and otherdirect inflow sources. (C) Wastewaters significantly affecting system hydraulic loading, which do not require treatment or would not be afforded a significantdegree oftreatment by the system.

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

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State Waste Discharge Permit Program 

### 173-116-090

[StatutoryAuthority: Chapters 43.21A and 90.48 RCW. 83·23-073 (Order 

# .E

83·29). 

### 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 interestofthe party filing such request and the reasons why a hearing is warranted. (2) The department shall hold ahearingif itdetermines there is a significantpublic 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 ofany hearing held pursuant to this section shall be circulated at least as widely as'was the notice ofthe application. (5) Procedures for the circulation ofpublic notice for hearings held shall include at least the following: (a) Notice shall be published, at the applicant's expense, in at least one newspaperofgeneral circulation within the

area ofthe discharge; (b) Notice shall be sent to all persons who received a copy ofthe 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 ofthe hearing.

• (6) The contents ofpublic notice ofany hearing held pursuant to this section shall include at least the following: (a) Name, address, and phone number ofthe office of the department holding the public hearing; (b) The purpose ofthe hearing; (c) Name and address ofthe applicant; (d) A briefdescription ofthe point(s) ofdischarge; (e) Information regarding the time and location for the hearing; (f) A briefdescription ofthe nature ofthe hearing; (g) A concise statement ofthe issues raised by the
persons requesting the hearing, when applicable; 

### (h) Abriefreference to the public notice issued foreach application, including identification number and date of issuance; and (i) Address and phone number ofpremises 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 preventandcontrol waste discharges into the waters ofthe 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 WasteDisposal Act, chapter70.105 RCW, the Solid waste management-Recovery and recycling, chapter70.95 RCW, the ResourceConservation and Recov-

(9122193) ery Act of 1976, Public Law 95.190or any other applicable local ordinances. state. or federal statute, to the extent that they pertain to the prevention or control ofwaste discharges into the waters ofthe state; (d) Any conditions necessary to meet applicable water quality standards for surface waters or to preserveor protect beneficial uses for ground waters; (e) Requirements necessary to avoid conflict with a plan approved pursuant to section 208(b) ofFWPCA; . (f) Any conditions necessary to prevent and control pollutantdischarges from plant site runoff, spillageor 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 ofFWPCA;

. (h) Schedules ofcompliance, including those required under sections 301 and 307 ofFWPCA, 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, notexceeding five years. (3) Representatives ofthe department shall have the right toenter at all reasonable times in or upon any property, public or private, for the purposeofinspecting and investigating conditions relating to the pollution or the possible pollution ofany waters ofthe state. Reasonable times shall include normal business hours, hours during whichproduction, treatment, or discharge occurs, or times when the department suspects a violation requiring immediate inspection. Representatives ofthe department shall be allowed to have access to. and copy at reasonable cost, any records requiredto be keptunderterms andconditions ofthe 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 ofany facilities or systems ofcontrol installed by the permittee to achieve compliance with the terms and conditions ofthe permit. Where design criteria have been established, the permittee . shall notpermitflows 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 ofthe 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 eventthe permittee is unable to comply with any ofthe permitterms and conditions due to any cause, the permittee shall: (a) Immediately take action to stop, contain, andCleanup unauthorizeddischargesor otherwise stop the violation, and
correct the problem; (b) Immediately notify the department ofthe failure to comply; and (c) Submit a detailed written report to the department within thirty days, unless requested earlierby the depart-
[eb. 173-216WAC-p. 5]

### State Waste Discharge Permit Program

cities. towns. and other municipalcorporations who administer a local permit program shall fulfill the requirements of chapter 173-208 WAC and 40 CFR Part 403.
ISllllUlory Authority: Chapter43.21A 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 CONTROLPROGRAM

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 obtainable for beneficial uses or which contain fewer than 10,000 

### rng/Loftotaldissolved 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 ofwaste 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.] 

# •

'. WAC IH-2IS--Q10**173-21~20 J7J-2IS~30**  I73-218---Q40 173-2I8--QSO**173-2IS~ 113-21~10**  173-21S--Q80 173-21S-090 113-2IS-100 113-2IS-110 Purpose. Policyenunciated. Definitions. Authorization required. Class I injection wells. Class II injection wells. Class III injection wells. Class IVinjection wells. Class V injectionwells. 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 ofelectric 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 ofuraniumor other metals that have not been conventionally mined; (b) Mining ofsulfur by Frasch process; or (c) Solution mining ofsalts or potash. (5) "Class IV injection well" means a well used to injectdangerous 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 surfaceor beneath the 

### bedof any stream, lake or reservoir, or other body of surface water within

(2/29/S4) 

### 1Ch. 173-218 WAC--1II\

### Underground InjectionControl 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. filed2/29/84.]

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 

### mayresult 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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