reglab/housing_qa huggingface dataset:
WA Rev Code § 90.58.620 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.58 - Shoreline Management Act of 1971.|90.58.620 - New or amended master programs—Authorized provisions.

RCW 90.58.620 New or amended master programs—Authorized provisions.(1) New or amended master programs approved by the department on or after September 1, 2011, may include provisions authorizing:(a) Residential structures and appurtenant structures that were legally established and are used for a conforming use, but that do not meet standards for the following to be considered a conforming structure: Setbacks, buffers, or yards; area; bulk; height; or density; and(b) Redevelopment, expansion, change with the class of occupancy, or replacement of the residential structure if it is consistent with the master program, including requirements for no net loss of shoreline ecological functions.(2) For purposes of this section, "appurtenant structures" means garages, sheds, and other legally established structures. "Appurtenant structures" does not include bulkheads and other shoreline modifications or overwater structures.(3) Nothing in this section: (a) Restricts the ability of a master program to limit redevelopment, expansion, or replacement of overwater structures located in hazardous areas, such as floodplains and geologically hazardous areas; or (b) affects the application of other federal, state, or local government requirements to residential structures.[ 2011 c 323 § 2.]NOTES:Findings—2011 c 323: "(1) The legislature recognizes that there is concern from property owners regarding legal status of existing legally developed shoreline structures under updated shoreline master programs. Significant concern has been expressed by residential property owners during shoreline master program updates regarding the legal status of existing shoreline structures that may not meet current standards for new development.(2) Engrossed House Bill No. 1653, enacted as chapter 107, Laws of 2010 clarified the status of existing structures in the shoreline area under the growth management act prior to the update of shoreline regulations. It is in the public interest to clarify the legal status of these structures that will apply after shoreline regulations are updated.(3) Updated shoreline master programs must include provisions to ensure that expansion, redevelopment, and replacement of existing structures will result in no net loss of the ecological function of the shoreline. Classifying existing structures as legally conforming will not create a risk of degrading shoreline natural resources." [ 2011 c 323 § 1.]
WA Rev Code § 90.58.900 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.58 - Shoreline Management Act of 1971.|90.58.900 - Liberal construction—1971 ex.s. c 286.

RCW 90.58.900 Liberal construction—1971 ex.s. c 286.This chapter is exempted from the rule of strict construction, and it shall be liberally construed to give full effect to the objectives and purposes for which it was enacted.[ 1971 ex.s. c 286 § 37.]
WA Rev Code § 90.58.920 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.58 - Shoreline Management Act of 1971.|90.58.920 - Effective date—1971 ex.s. c 286.

RCW 90.58.920 Effective date—1971 ex.s. c 286.This chapter is necessary for the immediate preservation of the public peace, health and safety, the support of the state government, and its existing institutions. This 1971 act shall take effect on June 1, 1971. The director of ecology is authorized to immediately take such steps as are necessary to insure that this 1971 act is implemented on its effective date.[ 1971 ex.s. c 286 § 41.]
WA Rev Code § 90.64.005 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.64 - Dairy Nutrient Management.|90.64.005 - Findings.

RCW 90.64.005 Findings.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 a need for a program that will provide a stable and predictable business climate upon which dairy farms may base future investment decisions.The legislature finds that federal regulations require a permit program for dairies with over seven hundred head of mature cows and, other specified dairy farms that directly discharge into waters or are otherwise significant contributors of pollution. The legislature finds that significant work has been ongoing over a period of time and that the intent of this chapter is to take the consensus that has been developed and place it into statutory form.It is also the intent of this chapter to establish an inspection and technical assistance program for dairy farms to address the discharge of pollution to surface and ground waters of the state that will lead to water quality compliance by the industry. A further purpose is to create a balanced program involving technical assistance, regulation, and enforcement with coordination and oversight of the program by a *committee composed of industry, agency, and other representatives. Furthermore, it is the objective of this chapter to maintain the administration of the water quality program as it relates to dairy operations at the state level.It is also the intent of this chapter to recognize the existing working relationships between conservation districts, the conservation commission, and the department of ecology in protecting water quality of the state. A further purpose of this chapter is to provide statutory recognition of the coordination of the functions of conservation districts, the conservation commission, and the department of ecology pertaining to development of dairy waste management plans for the protection of water quality.[ 1998 c 262 § 1; 1993 c 221 § 1.]NOTES:*Reviser's note: The dairy nutrient management program advisory and oversight committee was created in section 8, chapter 262, Laws of 1998, which was vetoed.
WA Rev Code § 90.64.017 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.64 - Dairy Nutrient Management.|90.64.017 - Registration of dairy producers—Information required—Information to producers regarding chapter.

RCW 90.64.017 Registration of dairy producers—Information required—Information to producers regarding chapter.(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 department within sixty days of licensing. The purpose of registration is to provide and update baseline information for the dairy nutrient management program.(2) To facilitate registration, the department shall obtain from the food safety and animal health division of the department of agriculture a current list of all licensed dairy producers in the state and mail a registration form to each licensed dairy producer no later than July 15, 1998.(3) At a minimum, the form shall require the following information as of the date the form is completed:(a) The name and address of the operator of the dairy farm;(b) The name and address of the dairy farm;(c) The telephone number of the dairy farm;(d) The number of cows in the dairy farm;(e) The number of young stock in the dairy farm;(f) The number of acres owned and rented in the dairy farm;(g) Whether the dairy producer, to the best of his or her knowledge, has a plan for managing dairy nutrient discharges that is commensurate with the size of his or her herd, and whether the plan is being fully implemented; and(h) If the fields where dairy nutrients are being applied belong to someone other than the dairy producer whose farm operation generated the nutrients, the name, address, and telephone number of the owners of the property accepting the dairy nutrients.(4) In the mailing to dairy producers containing the registration form, the department shall also provide clear and comprehensive information regarding the requirements of this chapter.(5) The department shall require the registrant to provide only information that is not already available from other sources accessible to the department, such as dairy licensing information.[ 1998 c 262 § 3.]
WA Rev Code § 90.64.020 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.64 - Dairy Nutrient Management.|90.64.020 - Concentrated dairy animal feeding operation—Designation—Permit.

RCW 90.64.020 Concentrated dairy animal feeding operation—Designation—Permit.(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 designation the director shall consider the following factors:(a) The size of the animal feeding operation and the amount of wastes reaching waters of the state;(b) The location of the animal feeding operation relative to waters of the state;(c) The means of conveyance of animal wastes and process waters into the waters of the state;(d) The slope, vegetation, rainfall, and other factors affecting the likelihood or frequency of discharge of animal wastes and process wastewaters into the waters of the state; and(e) Other relevant factors as established by the department by rule.(2) A notice of intent to apply for a permit shall not be required from a concentrated dairy animal feeding operation designated under this section until the director has conducted an on-site inspection of the operation and determined that the operation should and could be regulated under the permit program.[ 1993 c 221 § 3.]
WA Rev Code § 90.64.023 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.64 - Dairy Nutrient Management.|90.64.023 - Inspection program.

RCW 90.64.023 Inspection program.(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 the state's water quality standards;(c) Monitor the development and implementation of dairy nutrient management plans; and(d) Identify dairy producers who would benefit from technical assistance programs.(2) Local conservation district employees may, at their discretion, accompany department inspectors on any scheduled inspection of dairy farms except random, unannounced inspections.(3) Follow-up inspections shall be conducted by the department to ensure that corrective and other actions as identified in the course of initial inspections are being carried out. The department shall also conduct such additional inspections as are necessary to ensure compliance with state and federal water quality requirements, provided that all licensed dairy farms shall be inspected once within two years of the start of this program. The department, in consultation with the *advisory and oversight committee established in section 8 of this act, shall develop performance-based criteria to determine the frequency of inspections.(4) Dairy farms shall be prioritized for inspection based on the development of criteria that include, but are not limited to, the following factors:(a) Existence or implementation of a dairy nutrient management plan;(b) Proximity to impaired waters of the state; and(c) Proximity to all other waters of the state. The criteria developed to implement this subsection (4) shall be reviewed by the *advisory and oversight committee.[ 1998 c 262 § 5.]NOTES:*Reviser's note: The dairy nutrient management program advisory and oversight committee was created in section 8, chapter 262, Laws of 1998, which was vetoed.
WA Rev Code § 90.64.028 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.64 - Dairy Nutrient Management.|90.64.028 - Appeals from denial of plan approval or certification—Dairy producer-requested hearings—Extension of timelines.

RCW 90.64.028 Appeals from denial of plan approval or certification—Dairy producer-requested hearings—Extension of timelines.(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, and technologies to a particular dairy farm; and the failure to adhere to plan review and approval timelines identified in RCW 90.64.026 are appealable under this chapter. Department actions pertaining to water quality violations are appealable under chapter 90.48 RCW.In addition, a dairy producer who is constrained from complying with the planning requirements of this chapter because of financial hardship or local permitting delays may request a hearing before the conservation commission and may request an extension of up to one year beyond the approval and certification dates prescribed in this chapter for plan approval and certification.(2) Within thirty days of receiving a local conservation district notification regarding any of the decisions identified in subsection (1) of this section, a dairy producer who disagrees with any of these decisions may request an informal hearing before the conservation commission or may appeal directly to the pollution control hearings board. The commission shall issue a written decision no later than thirty days after the informal hearing.(3) If the conservation commission reverses the decision of the conservation district, the conservation district may appeal this reversal to the pollution control hearings board according to the procedure in chapter 43.21B RCW within thirty days of receipt of the commission's decision.(4) When an appeals process is initiated under this section, the length of time extending from the start of the appeals process to its conclusion shall be added onto the timelines provided in this chapter for plan development, approval, and certification only if an appeal is heard by the pollution control hearings board.[ 1998 c 262 § 7.]
WA Rev Code § 90.64.040 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.64 - Dairy Nutrient Management.|90.64.040 - Appeal from actions and orders of the department.

RCW 90.64.040 Appeal from actions and orders of the department.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 § 5.]
WA Rev Code § 90.64.050 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.64 - Dairy Nutrient Management.|90.64.050 - Duties of department—Annual report to commission.

RCW 90.64.050 Duties of department—Annual report to commission.(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, and verify complaints concerning discharge of pollutants from all dairy farms;(d) Determine if a dairy-related water quality problem requires immediate corrective action under the Washington state water pollution control laws, chapter 90.48 RCW, or the Washington state water quality standards adopted under chapter 90.48 RCW. The department shall maintain the lead enforcement responsibility;(e) Administer and enforce national pollutant discharge elimination system permits for operators of concentrated dairy animal feeding operations, where required by federal regulations and state laws or upon request of a dairy producer;(f) Participate on the *advisory and oversight committee;(g) Encourage communication and cooperation between local department personnel and the appropriate conservation district personnel;(h) Require the use of dairy nutrient management plans as required under this chapter for entities required to plan under this chapter; and(i) Provide to the commission and the *advisory and oversight committee an annual report of dairy farm inspection and enforcement activities.(2) The department may not delegate its responsibilities in enforcement.[ 1998 c 262 § 12; 1993 c 221 § 6.]NOTES:*Reviser's note: The dairy nutrient management program advisory and oversight committee was created in section 8, chapter 262, Laws of 1998, which was vetoed.
WA Rev Code § 90.64.070 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.64 - Dairy Nutrient Management.|90.64.070 - Duties of conservation district.

RCW 90.64.070 Duties of conservation district.(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 refer complaints received from the public regarding discharge of pollutants to the department;(c) Encourage communication and cooperation between the conservation district personnel and local department personnel;(d) Provide technical assistance to dairy producers in developing and implementing a dairy nutrient management plan; and(e) Review, approve, and certify dairy nutrient management plans that meet the minimum standards developed under this chapter.(2) The district's capability to carry out its responsibilities under this chapter is contingent upon the availability of funding and resources to implement a dairy nutrient management program.[ 1998 c 262 § 13; 1993 c 221 § 8.]
WA Rev Code § 90.64.080 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.64 - Dairy Nutrient Management.|90.64.080 - Duties of conservation commission.

RCW 90.64.080 Duties of conservation commission.(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 conservation district programs at the state level through special arrangements with appropriate federal and state agencies, including oversight of the review, approval, and certification of dairy nutrient management plans;(c) Inform conservation districts of activities and experiences of other conservation districts relative to agricultural water quality protection, and facilitate an interchange of advice, experience, and cooperation between the districts;(d) Provide an informal hearing for disputes between dairy producers and local conservation districts pertaining to: (i) Denial of approval or denial of certification of dairy nutrient management plans; (ii) modification or amendment of plans; (iii) conditions contained in plans; (iv) application of any dairy nutrient management practices, standards, methods, and technologies to a particular dairy farm; and (v) the failure to adhere to the plan review and approval timelines identified in RCW 90.64.026. An informal hearing may also provide an opportunity for dairy producers who are constrained from timely compliance with the planning requirements of this chapter because of financial hardship or local permitting delays to petition for additional time to comply;(e) Encourage communication between the conservation district personnel and local department personnel;(f) Accept nominations and appoint members to serve on the *advisory and oversight committee with advice of the Washington association of conservation districts and the department;(g) Provide a cochair to the *advisory and oversight committee;(h) Report to the legislature by December 1st of each year until 2003 on the status of dairy nutrient management planning and on the technical assistance provided to dairy producers in carrying out the requirements of this chapter; and(i) Work with the department to provide communication outreach to representatives of agricultural and environmental organizations to receive feedback on implementation of this chapter.(2) The commission's capability to carry out its responsibilities under this chapter is contingent upon the availability of funding and resources to implement a dairy nutrient management program.[ 1998 c 262 § 14; 1993 c 221 § 9.]NOTES:*Reviser's note: The dairy nutrient management program advisory and oversight committee was created in section 8, chapter 262, Laws of 1998, which was vetoed.
WA Rev Code § 90.64.100 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.64 - Dairy Nutrient Management.|90.64.100 - Parties' liability.

RCW 90.64.100 Parties' liability.A party acting under this chapter is not liable for another party's actions under this chapter.[ 1993 c 221 § 11.]
WA Rev Code § 90.64.102 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.64 - Dairy Nutrient Management.|90.64.102 - Recordkeeping violations—Civil penalty.

RCW 90.64.102 Recordkeeping violations—Civil penalty.(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 civil penalties issued under this section shall not exceed five thousand dollars in a calendar year.(2) In determining the amount of the civil penalty to be levied, the department of agriculture shall take into consideration:(a) The gravity and magnitude of the violation;(b) Whether the violation was repeated or is continuous;(c) Whether the cause of the violation was an unavoidable accident, negligence, or an intentional act;(d) The violator's efforts to correct the violation; and(e) The immediacy and extent to which the violation threatens the public health or safety or harms the environment.(3) The department of agriculture may establish by rule a graduated civil penalty schedule that includes the factors listed in this section.[ 2010 c 84 § 1.]
WA Rev Code § 90.64.110 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.64 - Dairy Nutrient Management.|90.64.110 - Rules.

RCW 90.64.110 Rules.The department may adopt rules as necessary to implement this chapter.[ 1993 c 221 § 12.]
WA Rev Code § 90.64.120 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.64 - Dairy Nutrient Management.|90.64.120 - Department's authority under federal law or chapter 90.48 RCW not affected.

RCW 90.64.120 Department's authority under federal law or chapter 90.48 RCW not affected.(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 regulations or to administer the provisions of chapter 90.48 RCW.(2) Unless the department of ecology delegates its authority under chapter 90.48 RCW to the department of agriculture pursuant to RCW 90.48.260, and until any such delegation of authority receives federal approval, the transfer specified in RCW 90.64.901 shall not preclude the department of ecology from taking action related to animal feeding operations or concentrated animal feeding operations to protect water quality pursuant to its authority in chapter 90.48 RCW. Before taking such actions, the department of ecology shall notify the department of agriculture.[ 2003 c 325 § 4; 1993 c 221 § 13.]NOTES:Intent—Finding—2003 c 325: See note following RCW 90.64.030.