reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.58 - Shoreline Management Act of 1971. › 90.58.300 - Department as regulating state agency—Special authority.

RCW 90.58.300
Department as regulating state agency—Special authority.
The department of ecology is designated the state agency responsible for the program of regulation of the shorelines of the state, including coastal shorelines and the shorelines of the inner tidal waters of the state, and is authorized to cooperate with the federal government and sister states and to receive benefits of any statutes of the United States whenever enacted which relate to the programs of this chapter.
[ 1971 ex.s. c 286 § 30.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.58 - Shoreline Management Act of 1971. › 90.58.310 - Designation of shorelines of statewide significance by legislature—Recommendation by director, procedure.

RCW 90.58.310
Designation of shorelines of statewide significance by legislature—Recommendation by director, procedure.
Additional shorelines of the state shall be designated shorelines of statewide significance only by affirmative action of the legislature.
The director of the department may, however, from time to time, recommend to the legislature areas of the shorelines of the state which have statewide significance relating to special economic, ecological, educational, developmental, recreational, or aesthetic values to be designated as shorelines of statewide significance.
Prior to making any such recommendation the director shall hold a public hearing in the county or counties where the shoreline under consideration is located. It shall be the duty of the county commissioners of each county where such a hearing is conducted to submit their views with regard to a proposed designation to the director at such date as the director determines but in no event shall the date be later than sixty days after the public hearing in the county.
[ 1971 ex.s. c 286 § 31.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.58 - Shoreline Management Act of 1971. › 90.58.320 - Height limitation respecting permits.

RCW 90.58.320
Height limitation respecting permits.
No permit shall be issued pursuant to this chapter for any new or expanded building or structure of more than thirty-five feet above average grade level on shorelines of the state that will obstruct the view of a substantial number of residences on areas adjoining such shorelines except where a master program does not prohibit the same and then only when overriding considerations of the public interest will be served.
[ 1971 ex.s. c 286 § 32.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.58 - Shoreline Management Act of 1971. › 90.58.340 - Use policies for land adjacent to shorelines, development of.

RCW 90.58.340
Use policies for land adjacent to shorelines, development of.
All state agencies, counties, and public and municipal corporations shall review administrative and management policies, regulations, plans, and ordinances relative to lands under their respective jurisdictions adjacent to the shorelines of the state so as the [to] achieve a use policy on said land consistent with the policy of this chapter, the guidelines, and the master programs for the shorelines of the state. The department may develop recommendations for land use control for such lands. Local governments shall, in developing use regulations for such areas, take into consideration any recommendations developed by the department as well as any other state agencies or units of local government.
[ 1971 ex.s. c 286 § 34.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.58 - Shoreline Management Act of 1971. › 90.58.350 - Nonapplication to treaty rights.

RCW 90.58.350
Nonapplication to treaty rights.
Nothing in this chapter shall affect any rights established by treaty to which the United States is a party.
[ 1971 ex.s. c 286 § 35.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.58 - Shoreline Management Act of 1971. › 90.58.355 - Persons, projects, and activities not required to obtain certain permits, variances, letters of exemption, or other local review.

RCW 90.58.355
Persons, projects, and activities not required to obtain certain permits, variances, letters of exemption, or other local review.
Requirements to obtain a substantial development permit, conditional use permit, variance, letter of exemption, or other review conducted by a local government to implement this chapter do not apply to:
(1) Any person conducting a remedial action at a facility pursuant to a consent decree, order, or agreed order issued pursuant to chapter 70A.305 RCW, or to the department of ecology when it conducts a remedial action under chapter 70A.305 RCW. The department must ensure compliance with the substantive requirements of this chapter through the consent decree, order, or agreed order issued pursuant to chapter 70A.305 RCW, or during the department-conducted remedial action, through the procedures developed by the department pursuant to RCW 70A.305.090;
(2) Any person installing site improvements for stormwater treatment in an existing boatyard facility to meet requirements of a national pollutant discharge elimination system stormwater general permit. The department must ensure compliance with the substantive requirements of this chapter through the review of engineering reports, site plans, and other documents related to the installation of boatyard stormwater treatment facilities;
(3) The department of transportation projects and activities that meet the conditions of RCW 90.58.356;
(4) Projects and activities undertaken by the department of fish and wildlife, a federally recognized Indian tribe, a public utility district, or a municipal utility that meet the conditions of RCW 90.58.357; or
(5) Actions taken on the Columbia river by the United States army corps of engineers, under the authority of United States Code Titles 33 and 42 and 33 C.F.R. Sec. 335, to maintain and improve federal navigation channels in accordance with federally mandated dredged material management and improvement project plans, provided the project: (a) Has undergone environmental review under both the national environmental policy act, 42 U.S.C. Sec. 4321-4370h and the state environmental policy act, chapter 43.21C RCW; and (b) has applied for federal clean water act section 401 water quality certifications issued by the department.
[ 2023 c 305 § 2; 2021 c 299 § 1; 2020 c 20 § 1506; 2015 3rd sp.s. c 15 § 9; 2012 c 169 § 1; 1994 c 257 § 20.]
NOTES:
Finding—2023 c 305: "The legislature finds that fish hatchery programs require routine maintenance in order to keep them operational." [ 2023 c 305 § 1.]
Finding—Intent—2015 3rd sp.s. c 15: See note following RCW 90.58.356.
Severability—1994 c 257: See note following RCW 36.70A.270.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.58 - Shoreline Management Act of 1971. › 90.58.357 - Maintenance activities performed by certain entities that do not require a substantial development permit, conditional use permit, variance, letter of exemption, or other review conducted by a local government—Notification.

RCW 90.58.357
Maintenance activities performed by certain entities that do not require a substantial development permit, conditional use permit, variance, letter of exemption, or other review conducted by a local government—Notification.
(1) The following maintenance activities undertaken by the department of fish and wildlife, a federally recognized Indian tribe, a public utility district, or a municipal utility, necessary to maintain the operation of fish hatcheries, including water intakes and discharges, fish ladders, water and power conveyances, weirs, and racks and traps used for fish collection, do not require a substantial development permit, conditional use permit, variance, letter of exemption, or other review conducted by a local government:
(a) Maintenance, repair, or replacement of equipment and components that support the larger hatchery facility and occur within the existing footprint of fish hatchery facilities;
(b) Construction or installation of safety structures and equipment;
(c) Maintenance occurring within existing water intake and outflow sites during times when fish presence is minimized; or
(d) Construction undertaken in response to unforeseen, extraordinary circumstances that is necessary to prevent a decline, lapse, or cessation of operation of a fish hatchery facility.
(2) The proponent of a project undertaken pursuant to this section must ensure compliance with the substantive requirements of this chapter for projects under this section. Projects undertaken under this section must not adversely affect public access or shoreline ecological functions.
(3) Prior to beginning a maintenance or repair project, the proponent of the project must provide written notification of projects authorized under this section to the local government with jurisdiction and to the department.
[ 2023 c 305 § 3.]
NOTES:
Finding—2023 c 305: See note following RCW 90.58.355.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.58 - Shoreline Management Act of 1971. › 90.58.360 - Existing requirements for permits, certificates, etc., not obviated.

RCW 90.58.360
Existing requirements for permits, certificates, etc., not obviated.
Nothing in this chapter shall obviate any requirement to obtain any permit, certificate, license, or approval from any state agency or local government.
[ 1971 ex.s. c 286 § 36.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.58 - Shoreline Management Act of 1971. › 90.58.370 - Processing of permits or authorizations for emergency water withdrawal and facilities to be expedited.

RCW 90.58.370
Processing of permits or authorizations for emergency water withdrawal and facilities to be expedited.
All state and local agencies with authority under this chapter to issue permits or other authorizations in connection with emergency water withdrawals and facilities authorized under RCW 43.83B.410 shall expedite the processing of such permits or authorizations in keeping with the emergency nature of such requests and shall provide a decision to the applicant within fifteen calendar days of the date of application.
[ 1989 c 171 § 11; 1987 c 343 § 5.]
NOTES:
Severability—1989 c 171: See note following RCW 43.83B.400.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.58 - Shoreline Management Act of 1971. › 90.58.380 - Adoption of wetland manual.

RCW 90.58.380
Adoption of wetland manual.
The department by rule shall adopt a manual for the delineation of wetlands under this chapter that implements and is consistent with the 1987 manual in use on January 1, 1995, by the United States army corps of engineers and the United States environmental protection agency. If the corps of engineers and the environmental protection agency adopt changes to or a different manual, the department shall consider those changes and may adopt rules implementing those changes.
[ 1995 c 382 § 11.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.58 - Shoreline Management Act of 1971. › 90.58.515 - Watershed restoration projects—Exemption.

RCW 90.58.515
Watershed restoration projects—Exemption.
Watershed restoration projects as defined in RCW 89.08.460 are exempt from the requirement to obtain a substantial development permit. Local government shall review the projects for consistency with the locally adopted shoreline master program in an expeditious manner and shall issue its decision along with any conditions within forty-five days of receiving a complete consolidated application form from the applicant. No fee may be charged for accepting and processing applications for watershed restoration projects as used in this section.
[ 1995 c 378 § 16.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.58 - Shoreline Management Act of 1971. › 90.58.550 - Oil or natural gas exploration in marine waters—Definitions—Application for permit—Requirements—Review—Enforcement.

RCW 90.58.550
Oil or natural gas exploration in marine waters—Definitions—Application for permit—Requirements—Review—Enforcement.
(1) Within this section the following definitions apply:
(a) "Exploration activity" means reconnaissance or survey work related to gathering information about geologic features and formations underlying or adjacent to marine waters;
(b) "Marine waters" include the waters of Puget Sound north to the Canadian border, the waters of the Strait of Juan de Fuca, the waters between the western boundary of the state and the ordinary high water mark, and related bays and estuaries;
(c) "Vessel" includes ships, boats, barges, or any other floating craft.
(2) A person desiring to perform oil or natural gas exploration activities by vessel located on or within marine waters of the state shall first obtain a permit from the department of ecology. The department may approve an application for a permit only if it determines that the proposed activity will not:
(a) Interfere materially with the normal public uses of the marine waters of the state;
(b) Interfere with activities authorized by a permit issued under RCW 90.58.140(2);
(c) Injure the marine biota, beds, or tidelands of the waters;
(d) Violate water quality standards established by the department; or
(e) Create a public nuisance.
(3) Decisions on an application under subsection (2) of this section are subject to review only by the pollution control hearings board under chapter 43.21B RCW.
(4) This section does not apply to activities conducted by an agency of the United States or the state of Washington.
(5) This section does not lessen, reduce, or modify RCW 90.58.160.
(6) The department may adopt rules necessary to implement this section.
(7) The attorney general shall enforce this section.
[ 1983 c 138 § 1.]
NOTES:
Ocean resources management act: Chapter 43.143 RCW.
Transport of petroleum products or hazardous substances: Chapter 88.40 RCW.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.58 - Shoreline Management Act of 1971. › 90.58.560 - Oil or natural gas exploration—Violations of RCW 90.58.550—Penalty—Appeal.

RCW 90.58.560
Oil or natural gas exploration—Violations of RCW 90.58.550—Penalty—Appeal.
(1) Except as provided in RCW 43.05.060 through 43.05.080 and 43.05.150, a person who violates RCW 90.58.550, or any rule adopted thereunder, is subject to a penalty in an amount of up to five thousand dollars a day for every such violation. Each and every such violation shall be a separate and distinct offense, and in case of a continuing violation, every day's continuance shall be and be deemed to be a separate and distinct violation. Every act of commission or omission which procures, aids or abets in the violation shall be considered a violation under the provisions of this section and subject to the penalty provided for in this section.
(2) The penalty shall be imposed by a notice in writing, either by certified mail with return receipt requested or by personal service, to the person incurring the penalty from the director or the director's representative describing such violation with reasonable particularity.
(3) Any person incurring any penalty under this section may appeal the penalty to the hearings board as provided for in chapter 43.21B RCW. Such appeals shall be filed within thirty days from the date of receipt of the penalty. Any penalty imposed under this section shall become due and payable thirty days after receipt of a notice imposing the same unless an appeal is filed. Whenever an appeal of any penalty incurred under this section is filed, the penalty shall become due and payable only upon completion of all review proceedings and the issuance of a final order confirming the penalty in whole or in part.
(4) If the amount of any penalty is not paid to the department within thirty days after it becomes due and payable, the attorney general, upon the request of the director, shall bring an action in the name of the state of Washington in the superior court of Thurston county or of any county in which such violator may do business, to recover such penalty. In all such actions the procedure and rules of evidence shall be the same as an ordinary civil action except as otherwise provided in this chapter. All penalties recovered under this section shall be paid into the state treasury and credited to the general fund.
[ 2010 c 210 § 40; 1995 c 403 § 638; 1983 c 138 § 2.]
NOTES:
Intent—Effective dates—Application—Pending cases and rules—2010 c 210: See notes following RCW 43.21B.001.
Findings—Short title—Intent—1995 c 403: See note following RCW 34.05.328.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.58 - Shoreline Management Act of 1971. › 90.58.570 - Consultation before responding to federal coastal zone management certificates.

RCW 90.58.570
Consultation before responding to federal coastal zone management certificates.
The department of ecology shall consult with affected state agencies, local governments, Indian tribes, and the public prior to responding to federal coastal zone management consistency certifications for uses and activities occurring on the federal outer continental shelf.
[ 1989 1st ex.s. c 2 § 15.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.58 - Shoreline Management Act of 1971. › 90.58.590 - Local governments authorized to adopt moratoria—Requirements—Public hearing.

RCW 90.58.590
Local governments authorized to adopt moratoria—Requirements—Public hearing.
(1) Local governments may adopt moratoria or other interim official controls as necessary and appropriate to implement this chapter.
(2)(a) A local government adopting a moratorium or control under this section must:
(i) Hold a public hearing on the moratorium or control;
(ii) Adopt detailed findings of fact that include, but are not limited to justifications for the proposed or adopted actions and explanations of the desired and likely outcomes;
(iii) Notify the department of the moratorium or control immediately after its adoption. The notification must specify the time, place, and date of any public hearing required by this subsection;
(iv) Provide that all lawfully existing uses, structures, or other development shall continue to be deemed lawful conforming uses and may continue to be maintained, repaired, and redeveloped, so long as the use is not expanded, under the terms of the land use and shoreline rules and regulations in place at the time of the moratorium.
(b) The public hearing required by this section must be held within sixty days of the adoption of the moratorium or control.
(3) A moratorium or control adopted under this section may be effective for up to six months if a detailed work plan for remedying the issues and circumstances necessitating the moratorium or control is developed and made available for public review. A moratorium or control may be renewed for two six-month periods if the local government complies with subsection (2)(a) of this section before each renewal. If a moratorium or control is in effect on the date a proposed master program or amendment is submitted to the department, the moratorium or control must remain in effect until the department's final action under RCW 90.58.090; however, the moratorium expires six months after the date of submittal if the department has not taken final action.
(4) Nothing in this section may be construed to modify county and city moratoria powers conferred outside this chapter.
[ 2009 c 444 § 2.]
NOTES:
Intent—2009 c 444: "The legislature recognizes that cities and counties have moratoria authority granted through constitutional and statutory provisions and that this authority, when properly exercised, is an important aspect of complying with environmental stewardship and protection requirements.
Recognizing the fundamental role and value of properly exercised moratoria, the legislature intends to establish new moratoria procedures and to affirm moratoria authority that local governments have and may exercise when implementing the shoreline management act, while recognizing the legitimate interests of existing shoreline-related developments during the period of interim moratoria." [ 2009 c 444 § 1.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.58 - Shoreline Management Act of 1971. › 90.58.600 - Conformance with chapter 43.97 RCW required.

RCW 90.58.600
Conformance with chapter 43.97 RCW required.
With respect to the National Scenic Area, as defined in the Columbia [River] Gorge National Scenic Area Act, P.L. 99-663, the exercise of any power or authority by a local government or the department of ecology pursuant to this chapter shall be subject to and in conformity with the requirements of chapter 43.97 RCW, including the management plan regulations and ordinances adopted by the Columbia River Gorge commission pursuant to the Compact.
[ 1987 c 499 § 10.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.58 - Shoreline Management Act of 1971. › 90.58.610 - Relationship between shoreline master programs and development regulations under growth management act governed by RCW 36.70A.480.

RCW 90.58.610
Relationship between shoreline master programs and development regulations under growth management act governed by RCW 36.70A.480.
RCW 36.70A.480 governs the relationship between shoreline master programs and development regulations to protect critical areas that are adopted under chapter 36.70A RCW.
[ 2010 c 107 § 4.]
NOTES:
Intent—Retroactive application—Effective date—2010 c 107: See notes following RCW 36.70A.480.
2023 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.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.58 - Shoreline Management Act of 1971. › 90.58.630 - Shoreline master programs—Impact of sea level rise and storm severity.

RCW 90.58.630
Shoreline master programs—Impact of sea level rise and storm severity.
The department shall update its shoreline master program guidelines to require shoreline master programs to address the impact of sea level rise and increased storm severity on people, property, and shoreline natural resources and the environment.
[ 2023 c 228 § 11.]
2023 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.]
2023 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.]
2023 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.
2023 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.]
2023 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.]
2023 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.
2023 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.]
2023 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.]
2023 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.
2023 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.]
2023 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.
2023 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.]
2023 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.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.64 - Dairy Nutrient Management. › 90.64.130 - Database.

RCW 90.64.130
Database.
(1) By October 1, 1998, the department, in consultation with the *advisory and oversight committee, shall develop and maintain a database to account for the implementation of this chapter.
(2) The database shall track registrations; inspection dates and results, including findings of violations; regulatory and enforcement actions; and the status of dairy nutrient management plans. In addition, the number of dairy farm inspections by inspector shall be tallied by month. A summary of database information shall be provided quarterly to the *advisory and oversight committee.
(3) Any information entered into the database by the department about any aspect of a particular dairy operation may be reviewed by the affected dairy producer upon request. The department shall correct any information in the database upon a showing that the information is faulty or inaccurate. Complaints that have been filed with the department and determined to be unfounded, invalid, or without merit shall not be recorded in the database. Appeals of decisions related to dairy nutrient management plans to the pollution control hearings board or to any court shall be recorded, as well as the decisions of those bodies.
[ 1998 c 262 § 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.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.64 - Dairy Nutrient Management. › 90.64.150 - Livestock nutrient management account.

RCW 90.64.150
Livestock nutrient management account.
The livestock nutrient management account is created in the custody of the state treasurer. All receipts from monetary penalties levied pursuant to violations of this chapter must be deposited into the account. Expenditures from the account may be used only to provide grants for research or education proposals that assist livestock operations to achieve compliance with state and federal water quality laws. The director of agriculture shall accept and prioritize research proposals and education proposals. Only the director or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
[ 2003 c 325 § 5; 1998 c 262 § 15.]
NOTES:
Intent—Finding—2003 c 325: See note following RCW 90.64.030.