reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.48 - Water Pollution Control. › 90.48.156 - Cooperation with other states and provinces—Interstate and state-provincial projects.

RCW 90.48.156
Cooperation with other states and provinces—Interstate and state-provincial projects.
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.
[ 1991 c 200 § 1105; 1987 c 109 § 134; 1949 c 58 § 2; Rem. Supp. 1949 § 10964pp-1. Formerly RCW 90.48.050.]
NOTES:
Effective dates—1991 c 200: See RCW 90.56.901.
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.48 - Water Pollution Control. › 90.48.158 - Grants to public bodies authorized.

RCW 90.48.158
Grants to public bodies authorized.
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 Control Act.
[ 1987 c 109 § 154; 1967 c 106 § 2. Formerly RCW 90.50.020.]
NOTES:
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.48 - Water Pollution Control. › 90.48.160 - Waste disposal permit—Required—Exemptions.

RCW 90.48.160
Waste disposal permit—Required—Exemptions.
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 operated by municipalities or public entities which discharge into public waters of the state, shall procure a permit from either the department or the *thermal power plant site evaluation council as provided in RCW 90.48.262(2) before disposing of such waste material: PROVIDED, That this section shall not apply to any person discharging domestic sewage only into a sewerage system.
The department may, through the adoption of rules, eliminate the permit requirements for disposing of wastes into publicly operated sewerage systems for:
(1) Categories of or individual municipalities or public corporations operating sewerage systems; or
(2) Any category of waste disposer;
if the department determines such permit requirements are no longer necessary for the effective implementation of this chapter. The department may by rule eliminate the permit requirements for disposing of wastes by upland finfish rearing facilities unless a permit is required under the federal clean water act's national pollutant discharge elimination system.
[ 1989 c 293 § 2; 1973 c 155 § 3; 1967 c 13 § 13; 1955 c 71 § 1.]
NOTES:
*Reviser's note: The "thermal power plant site evaluation council" was redesignated the "energy facility site evaluation council" by 1975-'76 2nd ex.s. c 108.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.48 - Water Pollution Control. › 90.48.162 - Waste disposal permits required of counties, municipalities and public corporations.

RCW 90.48.162
Waste disposal permits required of counties, municipalities and public corporations.
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 department of ecology before so disposing of such materials. This section is intended to extend the permit system of RCW 90.48.160 to counties and municipal or public corporations and the provisions of RCW 90.48.170 through 90.48.200 and 90.52.040 shall be applicable to the permit requirement imposed under this section. A permit under this chapter is not required for large on-site sewage systems permitted by the department of health under chapter 70A.115 RCW or for on-site sewage systems permitted by local health jurisdictions under rules of the state board of health.
[ 2020 c 20 § 1500; 2007 c 343 § 12; 1972 ex.s. c 140 § 1.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.48 - Water Pollution Control. › 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.

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.
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 system and the inspection and control program operated and conducted by the city, town or municipal corporation will protect the public interest in the quality of the state's waters as provided for in this chapter. Such authority may be granted by the department upon application by the city, town or municipal corporation and may be revoked by the department if it determines that such city, town, or municipal corporation is not, thereafter, operated and conducted in a manner to protect the public interest. Persons holding municipal permits to discharge into sewerage systems operated by a municipal corporation authorized by this section to issue such permits shall not be required to secure a waste discharge permit provided for in RCW 90.48.160 as to the wastes discharged into such sewerage systems. Authority granted by the department to cities, towns, or municipal corporations to issue permits under this section shall be in addition to any authority or power now or hereafter granted by law to cities, towns and municipal corporations for the regulation of discharges into sewerage systems operated by such cities, towns, or municipal corporations. Permits issued under this section shall automatically terminate if the authority to issue the same is revoked by the department.
[ 1987 c 109 § 135; 1967 c 13 § 14.]
NOTES:
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.48 - Water Pollution Control. › 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.

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.
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, and any other relevant information deemed necessary by the department. Application for permits shall be made at least sixty days prior to commencement of any proposed discharge or permit expiration date, whichever is applicable. Upon receipt of a proper application relating to a new operation, or an operation previously under permit for which an increase in volume of wastes or change in character of effluent is requested over that previously authorized, the department shall instruct the applicant to publish notices thereof by such means and within such time as the department shall prescribe. The department shall require that the notice so prescribed shall be published twice in a newspaper of general circulation within the county in which the disposal of waste material is proposed to be made and in such other appropriate information media as the department may direct. Said notice shall include a statement that any person desiring to present his or her views to the department with regard to said application may do so in writing to the department, or any person interested in the department's action on an application for a permit, may submit his or her views or notify the department of his or her interest within thirty days of the last date of publication of notice. Such notification or submission of views to the department shall entitle said persons to a copy of the action taken on the application. Upon receipt by the department of an application, it shall immediately send notice thereof containing pertinent information to the director of fish and wildlife and to the secretary of social and health services. When an application complying with the provisions of this chapter and the rules and regulations of the department has been filed with the department, it shall be its duty to investigate the application, and determine whether the use of public waters for waste disposal as proposed will pollute the same in violation of the public policy of the state.
[ 1994 c 264 § 91; 1988 c 36 § 70; 1987 c 109 § 136; 1967 c 13 § 15; 1955 c 71 § 2.]
NOTES:
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.48 - Water Pollution Control. › 90.48.180 - Waste disposal permits required of counties, municipalities and public corporations—Issuance—Conditions—Duration.

RCW 90.48.180
Waste disposal permits required of counties, municipalities and public corporations—Issuance—Conditions—Duration.
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 necessary to avoid such pollution in each permit under which waste material may be disposed of by the permittee. Permits may be temporary or permanent but shall not be valid for more than five years from date of issuance.
[ 1987 c 109 § 137; 1967 c 13 § 16; 1955 c 71 § 3.]
NOTES:
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.48 - Water Pollution Control. › 90.48.190 - Waste disposal permits required of counties, municipalities and public corporations—Termination—Grounds.

RCW 90.48.190
Waste disposal permits required of counties, municipalities and public corporations—Termination—Grounds.
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;
(3) That a material change in quantity or type of waste disposal exists.
[ 1987 c 109 § 138; 1967 c 13 § 17; 1955 c 71 § 4. (1987 3rd ex.s. c 2 § 43 repealed by 1989 c 2 § 24, effective March 1, 1989.)]
NOTES:
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.48 - Water Pollution Control. › 90.48.195 - Waste disposal permits required of counties, municipalities and public corporations—Modification or additional conditions may be ordered.

RCW 90.48.195
Waste disposal permits required of counties, municipalities and public corporations—Modification or additional conditions may be ordered.
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 § 139; 1967 c 13 § 18.]
NOTES:
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.48 - Water Pollution Control. › 90.48.200 - Waste disposal permits required of counties, municipalities and public corporations—Nonaction upon application—Temporary permit—Duration.

RCW 90.48.200
Waste disposal permits required of counties, municipalities and public corporations—Nonaction upon application—Temporary permit—Duration.
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 its application only until such time as the department shall have taken action upon said application.
[ 1987 c 109 § 140; 1967 c 13 § 19; 1955 c 71 § 5.]
NOTES:
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.48 - Water Pollution Control. › 90.48.215 - Upland finfish facilities—Waste discharge standards—Waste disposal permit.

RCW 90.48.215
Upland finfish facilities—Waste discharge standards—Waste disposal permit.
(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 market sale. This shall include fish hatcheries, rearing ponds, spawning channels, and other similarly constructed or fabricated public or private facilities.
(2) Not later than September 30, 1989, the department shall adopt standards pursuant to chapter 34.05 RCW for waste discharges from upland finfish hatching and rearing facilities. In establishing these standards, the department shall incorporate, to the extent applicable, studies conducted by the United States environmental protection agency on finfish rearing facilities and other relevant information. The department shall also issue a general permit as authorized by the federal clean water act, 33 U.S.C. 1251 et seq., or RCW 90.48.160 by September 30, 1989, for upland finfish hatching and rearing facilities. The department shall approve or deny applications for coverage under the general permit for upland finfish hatching and rearing facilities within one hundred eighty days from the date of application, unless a longer time is required to satisfy public participation requirements in the permit process in accordance with applicable rules, or compliance with the requirements of the state environmental policy act under chapter 43.21C RCW. The department shall notify applicants for coverage by a general permit as soon as it determines that a proposed discharge meets or fails to comply with the standards or general permit conditions set forth pursuant to this section, or that a time period longer than one hundred eighty days is necessary to satisfy public participation requirements or the state environmental policy act.
[ 1989 c 293 § 1.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.48 - Water Pollution Control. › 90.48.220 - Marine finfish rearing facilities—Waste discharge standards—Discharge permit applications—Exemption.

RCW 90.48.220
Marine finfish rearing facilities—Waste discharge standards—Discharge permit applications—Exemption.
(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 than October 31, 1994, the department shall adopt criteria under chapter 34.05 RCW for allowable sediment impacts from organic enrichment due to marine finfish rearing facilities.
(3) Not later than June 30, 1995, the department shall adopt standards under chapter 34.05 RCW for waste discharges from marine finfish rearing facilities. In establishing these standards, the department shall review and incorporate, to the extent possible, studies conducted by state and federal agencies on waste discharges from marine finfish rearing facilities, and any reports and other materials prepared by technical committees on waste discharges from marine finfish rearing facilities. The department shall approve or deny discharge permit applications for marine finfish rearing facilities within one hundred eighty days from the date of application, unless a longer time is required to satisfy public participation requirements in the permit process in accordance with applicable rules, or compliance with the requirements of the state environmental policy act under chapter 43.21C RCW. The department shall notify applicants as soon as it determines that a proposed discharge meets or fails to comply with the standards adopted pursuant to this section, or if a time period longer than one hundred eighty days is necessary to satisfy public participation requirements of the state environmental policy act.
(4) The department may adopt rules to exempt marine finfish rearing facilities not requiring national pollutant discharge elimination system permits under the federal water pollution control act from the discharge permit requirement.
[ 1993 c 296 § 1.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.48 - Water Pollution Control. › 90.48.225 - Issuance of national pollutant discharge elimination system permits associated with nonnative marine finfish aquaculture.

RCW 90.48.225
Issuance of national pollutant discharge elimination system permits associated with nonnative marine finfish aquaculture.
(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 national pollutant discharge elimination system permits in connection with any of these activities or operations after the expiration date of the relevant lease of state-owned aquatic lands in effect on June 7, 2018.
(2) For purposes of this section, "state-owned aquatic lands" has the same meaning as defined in RCW 79.105.060.
[ 2018 c 179 § 4.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.48 - Water Pollution Control. › 90.48.230 - Application of administrative procedure law to rule making and adjudicative proceedings.

RCW 90.48.230
Application of administrative procedure law to rule making and adjudicative proceedings.
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.
[ 1989 c 175 § 181; 1967 c 13 § 21.]
NOTES:
Effective date—1989 c 175: See note following RCW 34.05.010.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.48 - Water Pollution Control. › 90.48.240 - Water pollution orders for conditions requiring immediate action—Appeal.

RCW 90.48.240
Water pollution orders for conditions requiring immediate action—Appeal.
Notwithstanding any other provisions of this chapter or chapter 90.56 RCW, whenever it appears to the director that water quality conditions exist which require immediate action to protect the public health or welfare, or that a person required by RCW 90.48.160 to obtain a waste discharge permit prior to discharge is discharging without the same, or that a person conducting an operation which is subject to a permit issued pursuant to RCW 90.48.160 conducts the same in violation of the terms of said permit, causing water quality conditions to exist which require immediate action to protect the public health or welfare, the director may issue a written order to the person or persons responsible without prior notice or hearing, directing and affording the person or persons responsible the alternative of either (1) immediately discontinuing or modifying the discharge into the waters of the state, or (2) appearing before the department at the time and place specified in said written order for the purpose of providing to the department information pertaining to the violations and conditions alleged in said written order. The responsible person or persons shall be afforded not less than twenty-four hours notice of such an information meeting. If following such a meeting the department determines that water quality conditions exist which require immediate action as described herein, the department may issue a written order requiring immediate discontinuance or modification of the discharge into the waters of the state. In the event an order is not immediately complied with the attorney general, upon request of the department, shall seek and obtain an order of the superior court of the county in which the violation took place directing compliance with the order of the department. Such an order is appealable pursuant to RCW 43.21B.310.
[ 1991 c 200 § 1106; 1987 c 109 § 15; 1967 c 13 § 22.]
NOTES:
Effective dates—1991 c 200: See RCW 90.56.901.
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.48 - Water Pollution Control. › 90.48.250 - Agreements or contracts to monitor waters and effluent discharge.

RCW 90.48.250
Agreements or contracts to monitor waters and effluent discharge.
The department is authorized to make agreements and enter into such contracts as are appropriate to carry out a program of monitoring the condition of the waters of the state and the effluent discharged therein, including contracts to monitor effluent discharged into public waters when such monitoring is required by the terms of a waste discharge permit or as part of the approval of a sewerage system, if adequate compensation is provided to the department as a term of the contract.
[ 1987 c 109 § 141; 1967 c 13 § 23.]
NOTES:
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.48 - Water Pollution Control. › 90.48.261 - Exercise of powers under RCW 90.48.260—Aquatic resource mitigation.

RCW 90.48.261
Exercise of powers under RCW 90.48.260—Aquatic resource mitigation.
When exercising its powers under RCW 90.48.260, the department shall, at the request of the project proponent, follow the guidance contained in RCW 90.74.005 through 90.74.030.
[ 1997 c 424 § 7.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.48 - Water Pollution Control. › 90.48.262 - Implementation of RCW 90.48.260—Permits for energy facilities—Rules and procedures.

RCW 90.48.262
Implementation of RCW 90.48.260—Permits for energy facilities—Rules and procedures.
(1) The powers established under RCW 90.48.260 shall be implemented by the department through the adoption of rules in every appropriate situation. The permit program authorized under *RCW 90.48.260(1) shall constitute a continuation of the established permit program of RCW 90.48.160 and other applicable sections within chapter 90.48 RCW. The appropriate modifications as authorized in **this 1973 amendatory act are designed to avoid duplication and other wasteful practices and to insure that the state permit program contains all required elements of and is compatible with the requirements of any national permit system.
(2) Permits for energy facilities subject to chapter 80.50 RCW shall be issued by the energy facility site evaluation council: PROVIDED, That such permits shall become effective only if the governor approves an application for certification and executes a certification agreement pursuant to said chapter. The council shall have all powers necessary to establish and administer a point source discharge permit program pertaining to such plants, consistent with applicable receiving water quality standards established by the department, and to qualify for full participation in any national waste discharge or pollution discharge elimination permit system. The council and the department shall each adopt, by rules, procedures which will provide maximum coordination and avoid duplication between the two agencies with respect to permits in carrying out the requirements of **this act including, but not limited to, monitoring and enforcement of certification agreements, and in qualifying for full participation in any such national system.
[1975-'76 2nd ex.s. c 108 § 41; 1973 c 155 § 5.]
NOTES:
Reviser's note: *(1) RCW 90.48.260 was amended by 2011 c 353 § 12, changing subsection (1) to subsection (1)(a).
**(2) "This 1973 amendatory act" and "this act" apparently refer to 1973 c 155, which consists of this section, amendments to RCW 90.48.010, 90.48.120, 90.48.140, 90.48.144, 90.48.160, and 90.48.260, and the repeal of RCW 90.48.070.
Severability—Effective date—1975-'76 2nd ex.s. c 108: See notes following RCW 43.21F.010.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.48 - Water Pollution Control. › 90.48.264 - Federal clean water act—Rules for on-site sewage disposal systems adjacent to marine waters.

RCW 90.48.264
Federal clean water act—Rules for on-site sewage disposal systems adjacent to marine waters.
In implementing this chapter and in participating in programs under the federal clean water act, the department may consult with the department of social and health services concerning standards for repair of existing, failing on-site sewage disposal systems that are adjacent to marine waters. By January 1, 1989, the department of social and health services shall propose rules for adoption by the state board of health identifying the standards for repair of existing, failing on-site sewage disposal systems at single-family residences that were legally occupied prior to June 9, 1988, and that are adjacent to marine waters. The rules may specify the design, operation and maintenance standards for such repaired systems so as to ensure protection of the public health, attainment of state water quality standards and the protection of shellfish and other public resources. The rules shall also provide that any proposed discharge to marine water shall be considered only if on-site sewage disposal systems are not feasible and that such discharges shall meet the requirements of this chapter and department of ecology regulations. The state board of health shall adopt such proposed rules unless the board finds modification or rejection of them necessary to protect the public health.
[ 1988 c 220 § 2.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.48 - Water Pollution Control. › 90.48.270 - Sewage drainage basins—Authority of department to delineate and establish.

RCW 90.48.270
Sewage drainage basins—Authority of department to delineate and establish.
The department shall have authority to delineate and establish sewage drainage basins in the state for the purpose of developing and/or adopting comprehensive plans for the control and abatement of water pollution within such basins. Basins may include, but are not limited to, rivers and their tributaries, streams, coastal waters, sounds, bays, lakes, and portions or combinations thereof, as well as the lands drained thereby.
[ 1987 c 109 § 142; 1967 c 13 § 26.]
NOTES:
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
Aquifer protection areas: Chapter 36.36 RCW.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.48 - Water Pollution Control. › 90.48.280 - Sewage drainage basins—Comprehensive plans for sewage drainage basins.

RCW 90.48.280
Sewage drainage basins—Comprehensive plans for sewage drainage basins.
The department is authorized to prepare and/or adopt a comprehensive water pollution control and abatement plan and to make subsequent amendments thereto, for each basin established pursuant to RCW 90.48.270. Comprehensive plans for sewage drainage basins may be prepared by any municipality and submitted to the department for adoption.
Prior to adopting a comprehensive plan for any basin or any subsequent amendment thereof the department shall hold a public hearing thereon. Notice of such hearing shall be given by registered mail, together with copies of the proposed plan, to each municipality, or other political subdivision, within the basin exercising a sewage disposal function, at least twenty days prior to the hearing date. Such hearing may be continued from time to time and, at the termination thereof, the department may reject the plan proposed or adopt it with such modifications as it shall deem proper.
Following adoption of a comprehensive plan for any basin, the department shall require compliance with such plan by any municipality or person operating or constructing a sewage collection, treatment or disposal system or plant, or any improvement to or extension of an existing sewage collection, treatment or disposal system or plant, within the basin.
[ 1987 c 109 § 143; 1967 c 13 § 27.]
NOTES:
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.48 - Water Pollution Control. › 90.48.310 - Application of barley straw to waters of the state.

RCW 90.48.310
Application of barley straw to waters of the state.
(1) Notwithstanding any other provisions of this chapter, the application of barley straw to waters of the state for the purposes of water clarification does not require a state waste discharge permit as long as the following provisions are met:
(a) The barley straw is applied at a rate of up to two hundred twenty-five pounds per acre of surface water;
(b) Whole bales or tightly packed straw are not used. Straw must be loosely packed in nylon or mesh bags;
(c) Bags of straw are placed where control is desired, such as around docks and swim areas, and around inlets to aid in aeration or mixing;
(d) The bags must be staked or anchored in place;
(e) Straw is placed in early spring, prior to the growth of algae; and
(f) Bags are removed four to six months after placement and must not be left in the water over winter.
(2) The placement of barley straw into waters of the state in any other instance is not authorized absent a permit.
(3) This section does not alter any permit requirement that may exist under chapter 77.55 RCW.
[ 2007 c 30 § 1.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.48 - Water Pollution Control. › 90.48.364 - Discharge of oil into waters of the state—Definitions.

RCW 90.48.364
Discharge of oil into waters of the state—Definitions.
For the purposes of this chapter, "technical feasibility" or "technically feasible" means that given available technology, a restoration or enhancement project can be successfully completed at a cost that is not disproportionate to the value of the resource before the injury.
[ 1991 c 200 § 811.]
NOTES:
Effective dates—1991 c 200: See RCW 90.56.901.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.48 - Water Pollution Control. › 90.48.367 - Discharge of oil into waters of the state—Assessment of compensation.

RCW 90.48.367
Discharge of oil into waters of the state—Assessment of compensation.
(1) After a spill or other incident causing damages to the natural resources of the state, the department shall conduct a formal preassessment screening as provided in RCW 90.48.368.
(2) The department shall use the compensation schedule established under RCW 90.48.366 to determine the amount of damages if the preassessment screening committee determines that: (a) Restoration or enhancement of the injured resources is not technically feasible; (b) damages are not quantifiable at a reasonable cost; and (c) the restoration and enhancement projects or studies proposed by the liable parties are insufficient to adequately compensate the people of the state for damages.
(3) If the preassessment screening committee determines that the compensation schedule should not be used, compensation shall be assessed for the amount of money necessary to restore any damaged resource to its condition before the injury, to the extent technically feasible, and compensate for the lost value incurred during the period between injury and restoration.
(4) Restoration shall include the cost to restock such waters, replenish or replace such resources, and otherwise restore the stream, lake, or other waters of the state, including any estuary, ocean area, submerged lands, shoreline, bank, or other lands adjoining such waters to its condition before the injury, as such condition is determined by the department. The lost value of a damaged resource shall be equal to the sum of consumptive, nonconsumptive, and indirect use values, as well as lost taxation, leasing, and licensing revenues. Indirect use values may include existence, bequest, option, and aesthetic values. Damages shall be determined by generally accepted and cost-effective procedures, including, but not limited to, contingent valuation method studies.
(5) Compensation assessed under this section shall be recoverable in an action brought by the attorney general on behalf of the people of the state of Washington and affected counties and cities in the superior court of Thurston county or any county in which damages occurred. Moneys recovered by the attorney general under this section shall be deposited in the coastal protection fund established under RCW 90.48.390, and shall only be used for the purposes stated in RCW 90.48.400.
(6) Compensation assessed under this section shall preclude claims under this chapter by local governments for compensation for damages to publicly owned resources resulting from the same incident.
[ 1991 c 200 § 813; 1989 c 388 § 3.]
NOTES:
Effective dates—1991 c 200: See RCW 90.56.901.
Intent—Application—Captions—Severability—1989 c 388: See notes following RCW 90.56.010.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.48 - Water Pollution Control. › 90.48.386 - Department of natural resources leases.

RCW 90.48.386
Department of natural resources leases.
After May 15, 1991, the department of natural resources shall include in its leases for onshore and offshore facilities the following provisions:
(1) Require those wishing to lease, sublease, or re-lease state-owned aquatic lands to comply with the provisions of this chapter;
(2) Require lessees and sublessees to operate according to the plan of operations and to keep the plan current in compliance with this chapter; and
(3) Include in its leases provisions that a violation by the lessee or sublessee of the provisions of this chapter may be grounds for termination of the lease.
[ 1991 c 200 § 1101.]
NOTES:
Effective dates—1991 c 200: See RCW 90.56.901.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.48 - Water Pollution Control. › 90.48.390 - Coastal protection fund—Established—Moneys credited to—Use.

RCW 90.48.390
Coastal protection fund—Established—Moneys credited to—Use.
The coastal protection fund is established to be used by the department as a revolving fund for carrying out the purposes of restoration of natural resources under this chapter and chapter 90.56 RCW. To this fund there shall be credited penalties, fees, damages, charges received pursuant to the provisions of this chapter and chapter 90.56 RCW, compensation for damages received under this chapter and chapter 90.56 RCW, and an amount equivalent to one cent per gallon from each marine use refund claim under *RCW 82.36.330.
Moneys in the fund not needed currently to meet the obligations of the department in the exercise of its powers, duties, and functions under RCW 90.48.142, 90.48.366, 90.48.367, and 90.48.368 shall be deposited with the state treasurer to the credit of the fund. During the 2007-2009 fiscal biennium, the coastal protection fund may also be used for a standby rescue tug at Neah Bay. During the 2011-2013 fiscal biennium, the legislature may transfer from the coastal protection fund to the state general fund such amounts as reflect excess fund balance derived from penalties, forfeits, and seizures.
[ 2012 2nd sp.s. c 7 § 933; 2008 c 329 § 925; 1991 sp.s. c 13 § 84; 1991 c 200 § 815; 1989 c 388 § 7; 1989 c 262 § 3; 1971 ex.s. c 180 § 4.]
NOTES:
*Reviser's note: Chapter 82.36 RCW was repealed in its entirety by 2013 c 225 § 501, effective July 1, 2016.
Effective date—2012 2nd sp.s. c 7: See note following RCW 2.68.020.
Severability—Effective date—2008 c 329: See notes following RCW 28B.105.110.
Effective dates—Severability—1991 sp.s. c 13: See notes following RCW 18.08.240.
Effective dates—1991 c 200: See RCW 90.56.901.
Intent—Application—Captions—Severability—1989 c 388: See notes following RCW 90.56.010.
Findings—1989 c 262: See note following RCW 90.48.142.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.48 - Water Pollution Control. › 90.48.400 - Coastal protection fund—Disbursal of moneys from.

RCW 90.48.400
Coastal protection fund—Disbursal of moneys from.
(1) Moneys in the coastal protection fund shall be disbursed for the following purposes and no others:
(a) Environmental restoration and enhancement projects intended to restore or enhance environmental, recreational, archaeological, or aesthetic resources for the benefit of Washington's citizens;
(b) Investigations of the long-term effects of oil spills; and
(c) Development and implementation of an aquatic land geographic information system.
(2) The director may allocate a portion of the fund to be devoted to research and development in the causes, effects, and removal of pollution caused by the discharge of oil or other hazardous substances.
(3) A steering committee consisting of representatives of the departments of ecology, fish and wildlife, and natural resources, and the parks and recreation commission shall authorize the expenditure of the moneys collected under RCW 90.48.366 through 90.48.368, after consulting impacted local agencies and local and tribal governments.
(4) Agencies may not be reimbursed from the coastal protection fund for the salaries and benefits of permanent employees for routine operational support. Agencies may only be reimbursed under this section if money for reconnaissance and damage assessment activities is unavailable from other sources.
[ 1994 c 264 § 93; 1992 c 73 § 30; 1991 c 200 § 816; 1990 c 116 § 14. Prior: 1989 c 388 § 8; 1989 c 262 § 4; 1971 ex.s. c 180 § 5.]
NOTES:
Effective dates—1992 c 73: See RCW 82.23B.902.
Effective dates—1991 c 200: See RCW 90.56.901.
Findings—Severability—1990 c 116: See notes following RCW 90.56.210.
Intent—Application—Captions—Severability—1989 c 388: See notes following RCW 90.56.010.
Findings—1989 c 262: See note following RCW 90.48.142.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.48 - Water Pollution Control. › 90.48.422 - Water quality standards—Compliance methods—Department authority.

RCW 90.48.422
Water quality standards—Compliance methods—Department authority.
(1) The legislature finds that the courts have rendered decisions in Elkhorn (Public Utility District No. 1 v. Washington Department of Ecology, 511 U.S. 700, 114 S. Ct. 1900, 128 L.Ed. 2d 716 (1994)) and Sullivan Creek (Public Utility District No. 1 of Pend Oreille County v. Washington Department of Ecology, 146 Wn.2d 778, 51 P.3d 744 (2002)) related to water quality certifications issued under section 401 of the clean water act, 33 U.S.C. 1251 et seq. Enactment of this legislation does not expand or contract the legal holdings of these decisions and does not affect in any way the application of these holdings to any future case or fact pattern related to water quality certifications issued for federally licensed hydropower facilities under section 401 of the clean water act, 33 U.S.C. 1251 et seq.
(2) When a water quality standard cannot be reasonably met through the issuance of permits or regulatory orders issued under the authority of this chapter, the department may use voluntary, incentive-based methods including funding of water conservation projects, lease and purchase of water rights, development of new storage projects, or habitat restoration projects in an attempt to meet water quality standards.
(3) The department may not abrogate, supersede, impair, or condition the ability of a water right holder to fully divert or withdraw water under a water right permit, certificate, statutory exemption, or claim granted or recognized under chapter 90.03, 90.14, or 90.44 RCW through the authority granted to the department in this chapter. However, nothing in chapter 15, Laws of 2003 1st sp. sess. shall be construed to affect the department's authority related to the issuance of certifications under section 401 of the federal clean water act, 33 U.S.C. 1251 et seq., with respect to the application of federally authorized water quality standards, for federal energy regulatory commission licensed hydropower projects as provided under this chapter and chapter 90.74 RCW. With respect to federal energy regulatory commission licensed hydropower projects, the department may only require a person to mitigate or remedy a water quality violation or problem to the extent there is substantial evidence such person has caused such violation or problem.
[ 2003 1st sp.s. c 15 § 1.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.48 - Water Pollution Control. › 90.48.425 - Forest practices act and regulations relating to water quality protection to be utilized to satisfy federal water pollution act.

RCW 90.48.425
Forest practices act and regulations relating to water quality protection to be utilized to satisfy federal water pollution act.
The forest practices act, chapter 76.09 RCW, and the forest practices regulations adopted thereunder relating to water quality protection shall be utilized to satisfy the planning and program requirements of sections 208, 209, and 305 of the federal Water Pollution Control Act, as regards silvicultural activities, unless it is determined by the department of ecology that extraordinary conditions exist which make forest practices regulations unsuitable to satisfy such federal requirements.
[ 1975 1st ex.s. c 200 § 14.]
NOTES:
Provisions of state law pertaining to federal clean water act: RCW 90.48.260, 90.48.262.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.48 - Water Pollution Control. › 90.48.430 - Watershed restoration projects—Approval process—Waiver of public review.

RCW 90.48.430
Watershed restoration projects—Approval process—Waiver of public review.
A permit, certification, or other approval required by the department for a watershed restoration project as defined in RCW 89.08.460 shall be processed in compliance with RCW 89.08.450 through 89.08.510. Public review of proposed watershed restoration projects may be shortened or waived by the department.
[ 1995 c 378 § 15.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.48 - Water Pollution Control. › 90.48.448 - Eurasian water milfoil—Pesticide 2,4-D application.

RCW 90.48.448
Eurasian water milfoil—Pesticide 2,4-D application.
(1) Subject to restrictions in this section, a government entity seeking to control a limited infestation of Eurasian water milfoil may use the pesticide 2,4-D to treat the milfoil infestation, without obtaining a permit under RCW 90.48.445, if the milfoil infestation is either recently documented or remaining after the application of other control measures, and is limited to twenty percent or less of the littoral zone of the lake. Any pesticide application made under this section must be made according to all label requirements for the product and must meet the public notice requirements of subsection (2) of this section.
(2) Before applying 2,4-D, the government entity shall: (a) Provide at least twenty-one days' notice to the department of ecology, the department of fish and wildlife, the department of agriculture, the department of health, and all lake residents; (b) post notices of the intent to apply 2,4-D at all public access points; and (c) place informational buoys around the treatment area.
(3) The department of fish and wildlife may impose timing restrictions on the use of 2,4-D to protect salmon and other fish and wildlife.
(4) The department may prohibit the use of 2,4-D if the department finds the product contains dioxin in excess of the standard allowed by the United States environmental protection agency. Sampling protocols and analysis used by the department under this section must be consistent with those used by the United States environmental protection agency for testing this product.
(5) Government entities using this section to apply 2,4-D may apply for funds from the freshwater aquatic weeds account consistent with the freshwater aquatic weeds management program as provided in RCW 43.21A.660.
(6) Government entities using this section shall consider development of long-term control strategies for eradication and control of the Eurasian water milfoil.
(7) For the purpose of this section, "government entities" includes cities, counties, state agencies, tribes, special purpose districts, and county weed boards.
[ 1999 c 255 § 3.]
NOTES:
Findings—Purpose—Effective date—1999 c 255: See notes following RCW 90.48.447.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.48 - Water Pollution Control. › 90.48.450 - Discharges from agricultural activity—Consideration to be given as to whether enforcement action would contribute to conversion of land to nonagricultural use—Minimize the possibility.

RCW 90.48.450
Discharges from agricultural activity—Consideration to be given as to whether enforcement action would contribute to conversion of land to nonagricultural use—Minimize the possibility.
(1) Prior to issuing a notice of violation related to discharges from agricultural activity on agricultural land, the department shall consider whether an enforcement action would contribute to the conversion of agricultural land to nonagricultural uses. Any enforcement action shall attempt to minimize the possibility of such conversion.
(2) As used in this section:
(a) "Agricultural activity" means the growing, raising, or production of horticultural or viticultural crops, berries, poultry, livestock, grain, mint, hay and dairy products.
(b) "Agricultural land" means at least five acres of land devoted primarily to the commercial production of livestock or agricultural commodities.
[ 1981 c 297 § 31.]
NOTES:
Legislative finding, intent—1981 c 297: See note following RCW 70A.15.4530.
Severability—1981 c 297: See note following RCW 15.36.201.