reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.46 - Reclaimed Water Use. › 90.46.044 - Standards, procedures, and guidelines for discharge to wetlands.

RCW 90.46.044
Standards, procedures, and guidelines for discharge to wetlands.
(1) The department of ecology shall, in consultation with the department of health, adopt a single set of standards, procedures, and guidelines, on or before June 30, 1996, for discharge of reclaimed water to wetlands.
(2) Standards adopted under this section are superseded by any rules adopted by the department of ecology pursuant to RCW 90.46.015 as they relate to discharge of reclaimed water to wetlands.
[ 2006 c 279 § 8; 1995 c 342 § 7.]
NOTES:
Construction—Effective date—1995 c 342: See notes following RCW 90.46.005.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.46 - Reclaimed Water Use. › 90.46.050 - Advisory committee—Development of standards, procedures, and guidelines.

RCW 90.46.050
Advisory committee—Development of standards, procedures, and guidelines.
The department of ecology shall, before July 1, 2006, form an advisory committee, in coordination with the department of health and the department of agriculture, which will provide technical assistance in the development of standards, procedures, and guidelines required by this chapter. The advisory committee shall be composed of a broad range of interested individuals representing the various stakeholders that utilize or are potentially impacted by the use of reclaimed water. The advisory committee must also contain individuals with technical expertise and knowledge of new advancements in technology.
[ 2006 c 279 § 2; 1995 c 342 § 9; 1992 c 204 § 6.]
NOTES:
Construction—Effective date—1995 c 342: See notes following RCW 90.46.005.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.46 - Reclaimed Water Use. › 90.46.070 - Exemption from standards, procedures, and guidelines.

RCW 90.46.070
Exemption from standards, procedures, and guidelines.
Any person lawfully using reclaimed water before April 2, 1992, may continue to do so and is not required to comply with the standards, procedures, and guidelines under chapter 90.46 RCW before July 1, 1995.
[ 1992 c 204 § 8.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.46 - Reclaimed Water Use. › 90.46.072 - Conflict resolution—Reclaimed water projects and chapter 372-32 WAC.

RCW 90.46.072
Conflict resolution—Reclaimed water projects and chapter 372-32 WAC.
On or before December 31, 1995, the department of ecology and department of health shall, in consultation with local interested parties, jointly review and, if required, propose amendments to chapter 372-32 WAC to resolve conflicts between the development of reclaimed water projects in the Puget Sound region and chapter 372-32 RCW [WAC].
[ 1995 c 342 § 8.]
NOTES:
Construction—Effective date—1995 c 342: See notes following RCW 90.46.005.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.46 - Reclaimed Water Use. › 90.46.080 - Use of reclaimed water for surface percolation—Establishment of discharge limit for contaminants.

RCW 90.46.080
Use of reclaimed water for surface percolation—Establishment of discharge limit for contaminants.
(1) Except as otherwise provided in this section, reclaimed water may be beneficially used for surface percolation provided the reclaimed water meets the state drinking water contaminant criteria as measured in groundwater beneath or down gradient of the recharge project site, and has been incorporated into a sewer or water comprehensive plan, as applicable, adopted by the applicable local government and approved by the department of health or department of ecology as applicable.
(2) If the state drinking water contaminant criteria do not contain a standard for a constituent or contaminant, the department of ecology shall establish a discharge limit consistent with the goals of this chapter, except as otherwise provided in this section.
(3) Except as otherwise provided in this section, reclaimed water that does not meet the state drinking water contaminant criteria may be beneficially used for surface percolation where the department of ecology, in consultation with the department of health, has specifically authorized such use at such lower standard.
(4) The provisions of this section are superseded by any rules adopted by the department of ecology pursuant to RCW 90.46.015 as they relate to surface percolation.
[ 2009 c 456 § 4; 2006 c 279 § 9; 1997 c 444 § 6; 1995 c 342 § 3.]
NOTES:
Severability—1997 c 444: See note following RCW 90.46.010.
Construction—Effective date—1995 c 342: See notes following RCW 90.46.005.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.46 - Reclaimed Water Use. › 90.46.090 - Use of reclaimed water for discharge into constructed beneficial use wetlands and constructed treatment wetlands—Standards for discharge.

RCW 90.46.090
Use of reclaimed water for discharge into constructed beneficial use wetlands and constructed treatment wetlands—Standards for discharge.
(1) Reclaimed water may be beneficially used for discharge into constructed beneficial use wetlands and constructed treatment wetlands provided the reclaimed water meets the class A or B reclaimed water standards as defined in the reclamation criteria, and the discharge is incorporated into a sewer or water comprehensive plan, as applicable, adopted by the applicable local government and approved by the department of health or department of ecology as applicable.
(2) Reclaimed water that does not meet the class A or B reclaimed water standards may be beneficially used for discharge into constructed treatment wetlands where the department of ecology, in consultation with the department of health, has specifically authorized such use at such lower standards.
(3)(a) The department of ecology and the department of health must develop appropriate standards for discharging reclaimed water into constructed beneficial use wetlands and constructed treatment wetlands. These standards must be considered as part of the approval process under subsections (1) and (2) of this section.
(b) Standards adopted under this section are superseded by any rules adopted by the department of ecology pursuant to RCW 90.46.015 as they relate to discharge into constructed beneficial use wetlands and constructed treatment wetlands.
[ 2006 c 279 § 10; 1997 c 444 § 7; 1995 c 342 § 4.]
NOTES:
Severability—1997 c 444: See note following RCW 90.46.010.
Construction—Effective date—1995 c 342: See notes following RCW 90.46.005.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.46 - Reclaimed Water Use. › 90.46.100 - Discharge of reclaimed water for streamflow augmentation.

RCW 90.46.100
Discharge of reclaimed water for streamflow augmentation.
(1) Reclaimed water intended for beneficial reuse may be discharged for streamflow augmentation provided the reclaimed water meets the requirements of the federal water pollution control act, chapter 90.48 RCW, and is incorporated into a sewer or water comprehensive plan, as applicable, adopted by the applicable local government and approved by the department of health or department of ecology as applicable.
(2) Standards adopted under this section are superseded by any rules adopted by the department of ecology pursuant to RCW 90.46.015 as they relate to discharge of reclaimed water for streamflow augmentation.
[ 2006 c 279 § 11; 1995 c 342 § 5.]
NOTES:
Construction—Effective date—1995 c 342: See notes following RCW 90.46.005.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.46 - Reclaimed Water Use. › 90.46.110 - Reclaimed water demonstration program—Demonstration projects.

RCW 90.46.110
Reclaimed water demonstration program—Demonstration projects.
(1) The department of ecology shall establish and administer a reclaimed water demonstration program for the purposes of funding and monitoring the progress of five demonstration projects. The department shall work in cooperation with the department of health.
(2) The five demonstration projects will be:
(a) The city of Ephrata, to use class A reclaimed water for surface spreading that will recharge the groundwater and reduce the nitrate concentrations that currently exceed drinking water standards in domestic wells;
(b) Lincoln county, for a study of the use of reclaimed water to transport twenty-two million gallons a day from Spokane to water sources that will rehydrate and restore long depleted streambeds;
(c) The city of Royal City to replace an interim emergency sprayfield by using one hundred percent of its discharge as class A reclaimed water to enhance local wetlands and lakes in the winter, and potentially irrigate a golf course;
(d) The city of Sequim to implement a tertiary treatment system and reuse one hundred percent of the city's wastewater to reopen an existing shellfish closure area to benefit state and tribal resources, improve streamflows in the Dungeness river, and provide a sustainable water supply for irrigation purposes;
(e) The city of Yelm to use one hundred percent of its wastewater to provide alternative water supply for irrigation and industrial uses in order to offset increased demand for water supply, to protect the Nisqually river chum salmon runs, and to develop experimental artificial wetlands to test low cost treatment options.
(3) By September 30, 1997, the department of ecology shall enter into a grant agreement with the demonstration project jurisdictions that includes reporting requirements, timelines, and a fund disbursement schedule based on the agreed project milestones.
(4) Upon completion of the projects, the department of ecology shall report to the appropriate committees of the legislature on the results of the program.
(5) Demonstration projects which will discharge or otherwise deliver reclaimed water to federal reclamation project facilities or irrigation district facilities shall meet the requirements of the facilities' operating entity for such discharges or deliveries.
(6) No irrigation district, its directors, officers, employees, or agents operating and maintaining irrigation works for any purpose authorized by law, including the production of food for human consumption and other agricultural and domestic purposes, is liable for damages to persons or property arising from the implementation of the demonstration projects in this section.
[ 1997 c 355 § 2.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.46 - Reclaimed Water Use. › 90.46.130 - Impairment of water rights downstream from freshwater discharge points.

RCW 90.46.130
Impairment of water rights downstream from freshwater discharge points.
(1) Except as provided in subsection (2) of this section, facilities that reclaim water under this chapter shall not impair any existing water right downstream from any freshwater discharge points of such facilities unless compensation or mitigation for such impairment is agreed to by the holder of the affected water right.
(2) Agricultural water use of agricultural industrial process water and use of industrial reuse water under this chapter shall not impair existing water rights within the water source that is the source of supply for the agricultural processing plant or the industrial processing and, if the water source is surface water, the existing water rights are downstream from the agricultural processing plant's discharge points existing on July 22, 2001, or from the industrial processing's discharge points existing on June 13, 2002.
[ 2002 c 329 § 5; 2001 c 69 § 4; 1997 c 444 § 4.]
NOTES:
Severability—1997 c 444: See note following RCW 90.46.010.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.46 - Reclaimed Water Use. › 90.46.140 - Greywater reuse—Standards, procedures, and guidelines—Rules.

RCW 90.46.140
Greywater reuse—Standards, procedures, and guidelines—Rules.
(1) The department of health shall develop standards, procedures, and guidelines for the reuse of greywater, consistent with RCW 43.20.230(2), by January 1, 1998.
(2) Standards, procedures, and guidelines developed by the department of health for reuse of greywater shall encourage the application of this technology for conserving water resources, or reducing the wastewater load, on domestic wastewater facilities, individual on-site sewage treatment and disposal systems, or community on-site sewage treatment and disposal systems.
(3) The department of health and local health officers may permit the reuse of greywater according to rules adopted by the department of health.
[ 1997 c 444 § 8.]
NOTES:
Severability—1997 c 444: See note following RCW 90.46.010.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.46 - Reclaimed Water Use. › 90.46.150 - Agricultural industrial process water—Permit—Use—Referral to department of health.

RCW 90.46.150
Agricultural industrial process water—Permit—Use—Referral to department of health.
The permit to apply agricultural industrial process water to agricultural water use shall be the permit issued under chapter 90.48 RCW to the owner of the agricultural processing plant who may then distribute the water through methods including, but not limited to, irrigation systems, subject to provisions in the permit governing the location, rate, water quality, and purpose. In cases where the department of ecology determines that a significant risk to public health exists, in land application of the water, the department must refer the application to the department of health for review and consultation.
The owner of the agricultural processing plant who obtains a permit under this section has the exclusive right to the use of any agricultural industrial process water generated from the plant and to the distribution of such water through facilities including irrigation systems. Use and distribution of the water by the owner is exempt from the permit requirements of RCW 90.03.250, 90.03.380, 90.44.060, and 90.44.100.
Nothing in chapter 69, Laws of 2001 shall be construed to affect any right to reuse agricultural industrial discharge water in existence on or before July 22, 2001.
[ 2001 c 69 § 3.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.46 - Reclaimed Water Use. › 90.46.160 - Industrial reuse water—Permit.

RCW 90.46.160
Industrial reuse water—Permit.
(1) The permit to use industrial reuse water shall be the permit issued under chapter 90.48 RCW to the owner of the plant that is the source of the industrial process water, who may then distribute the water according to provisions in the permit governing the location, rate, water quality, and purpose. In cases where the department of ecology determines that a proposed use may pose a significant risk to public health, the department shall refer the permit application to the department of health for review and consultation.
(2) The owner of the industrial plant who obtains a permit under this section has the exclusive right to the use of any industrial reuse water generated from the plant and to the distribution of such water. Use and distribution of the water by the owner is exempt from the permit requirements of RCW 90.03.250, 90.03.380, 90.44.060, and 90.44.100.
(3) Nothing in this section affects any right to reuse industrial process water in existence on or before June 13, 2002.
[ 2002 c 329 § 6.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.46 - Reclaimed Water Use. › 90.46.200 - Authority of the departments of ecology and health—Lead agency—Duties.

RCW 90.46.200
Authority of the departments of ecology and health—Lead agency—Duties.
(1) The department of ecology and the department of health shall have authority to carry out all the provisions of this chapter including, but not limited to, permitting and enforcement. Only the department of ecology or the department of health may act as a lead agency for purposes of this chapter and will be established as such by rule. Enforcement of a permit issued under this chapter shall be at the sole discretion of the lead agency that issued the permit.
(2) All permit applications shall be referred to the nonlead agency for review and consultation. The nonlead agency may choose to limit the scope of its review.
(3) The authority and duties created in this chapter are in addition to any authority and duties already provided in law. Nothing in this chapter limits the powers of the state or any political subdivision to exercise such authority.
[ 2009 c 456 § 7.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.46 - Reclaimed Water Use. › 90.46.210 - Lead agency—Authority to bring legal proceeding.

RCW 90.46.210
Lead agency—Authority to bring legal proceeding.
The lead agency, with the assistance of the attorney general, is authorized to bring any appropriate action at law or in equity, including action for injunctive relief, as may be necessary to carry out the provisions of this chapter. The lead agency may bring the action in the superior court of the county in which the violation occurred or in the superior court of Thurston county. The court may award reasonable attorneys' fees for the cost of the attorney general's office in representing the lead agency.
[ 2009 c 456 § 8.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.46 - Reclaimed Water Use. › 90.46.230 - Right to enter and inspect property related to the purpose of the permit—Administrative search warrant.

RCW 90.46.230
Right to enter and inspect property related to the purpose of the permit—Administrative search warrant.
(1)(a) Except as otherwise provided in (b) of this subsection, the lead agency or its designee shall have the right to enter and inspect any property related to the purpose of the permit, public or private, at reasonable times with prior notification in order to determine compliance with laws and rules administered by the lead agency. During such inspections, the lead agency shall have free and unimpeded access to all data, facilities, and property involved in the generation, distribution, and use of reclaimed water.
(b) The lead agency or its designee need not give prior notification to enter property under (a) of this subsection if the purpose of the entry is to ensure compliance by the permittee with a prior order of the lead agency or if the lead agency or its designee has reasonable cause to believe there is a violation of the law that poses a serious threat to public health and safety or the environment.
(2) The lead agency or its designee may apply for an administrative search warrant to a court of competent jurisdiction and an administrative search warrant may issue where:
(a) The lead agency has attempted an inspection under this chapter and access has been actually or constructively denied; or
(b) There is reasonable cause to believe that a violation of this chapter or rules adopted under this chapter is occurring or has occurred.
[ 2009 c 456 § 10.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.46 - Reclaimed Water Use. › 90.46.240 - Plans, reports, specifications, and proposed methods of operation and maintenance to be submitted to departments.

RCW 90.46.240
Plans, reports, specifications, and proposed methods of operation and maintenance to be submitted to departments.
All required feasibility studies, planning documents, engineering reports, and plans and specifications for the construction of new reclaimed water, agricultural industrial process water, and industrial reuse water facilities, including generation, distribution, and use facilities, or for improvements or extensions to existing facilities, and the proposed method of future operation and maintenance of said facility or facilities, shall be submitted to and be approved by the lead agency, before construction thereof may begin. No approval shall be given until the lead agency is satisfied that the plans, reports, and specifications and the methods of operation and maintenance submitted are adequate to protect the quality of the water for the intended use as provided for in this chapter and are adequate to protect public health and safety as necessary.
[ 2009 c 456 § 11.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.46 - Reclaimed Water Use. › 90.46.250 - Violation of chapter—Notification—Immediate action.

RCW 90.46.250
Violation of chapter—Notification—Immediate action.
(1) When, in the opinion of the lead agency, a person violates or creates a substantial potential to violate this chapter, the lead agency shall notify the person of its determination by registered mail. The determination shall not constitute an appealable order or directive. Within thirty days from the receipt of notice of such determination, the person shall file with the lead agency a full report stating what steps have been and are being taken to comply with the determination of the lead agency. After the full report is filed or after the thirty days have elapsed, the lead agency may issue the order or directive as it deems appropriate under the circumstances, shall notify the person by registered mail, and shall inform the person of the process for requesting an adjudicative hearing.
(2) When it appears to the lead agency that water quality conditions or other conditions exist which require immediate action to protect human health and safety or the environment, the lead agency may issue a written order to the person or persons responsible without first issuing a notice of determination pursuant to subsection (1) of this section. An order or directive issued pursuant to this subsection shall be served by registered mail or personally upon any person to whom it is directed, and shall inform the person or persons responsible of the process for requesting an adjudicative hearing.
[ 2009 c 456 § 12.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.46 - Reclaimed Water Use. › 90.46.260 - Penalty.

RCW 90.46.260
Penalty.
Any person found guilty of willfully violating any of the provisions of this chapter, or any final written orders or directive of the lead agency or a court in pursuance thereof, is guilty of a gross misdemeanor, and upon conviction thereof shall be punished by a fine of up to ten thousand dollars and costs of prosecution, or by imprisonment in the county jail for up to three hundred sixty-four days, or both, in the discretion of the court. Each day upon which a willful violation of the provisions of this chapter occurs may be deemed a separate and additional violation.
[ 2011 c 96 § 60; 2009 c 456 § 13.]
NOTES:
Findings—Intent—2011 c 96: See note following RCW 9A.20.021.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.46 - Reclaimed Water Use. › 90.46.280 - Application of administrative procedure act to chapter.

RCW 90.46.280
Application of administrative procedure act to chapter.
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.
[ 2009 c 456 § 15.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.48 - Water Pollution Control. › 90.48.010 - Policy enunciated.

RCW 90.48.010
Policy enunciated.
It is declared to be the public policy of the state of Washington to maintain the highest possible standards to insure the purity of all waters of the state consistent with public health and public enjoyment thereof, the propagation and protection of wild life, birds, game, fish and other aquatic life, and the industrial development of the state, and to that end require the use of all known available and reasonable methods by industries and others to prevent and control the pollution of the waters of the state of Washington. Consistent with this policy, the state of Washington will exercise its powers, as fully and as effectively as possible, to retain and secure high quality for all waters of the state. The state of Washington in recognition of the federal government's interest in the quality of the navigable waters of the United States, of which certain portions thereof are within the jurisdictional limits of this state, proclaims a public policy of working cooperatively with the federal government in a joint effort to extinguish the sources of water quality degradation, while at the same time preserving and vigorously exercising state powers to insure that present and future standards of water quality within the state shall be determined by the citizenry, through and by the efforts of state government, of the state of Washington.
[ 1973 c 155 § 1; 1945 c 216 § 1; Rem. Supp. 1945 § 10964a.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.48 - Water Pollution Control. › 90.48.020 - Definitions.

RCW 90.48.020
Definitions.
Whenever the word "person" is used in this chapter, it shall be construed to include any political subdivision, government agency, municipality, industry, public or private corporation, copartnership, association, firm, individual or any other entity whatsoever.
Wherever the words "waters of the state" shall be used in this chapter, they shall be construed to include lakes, rivers, ponds, streams, inland waters, underground waters, salt waters and all other surface waters and watercourses within the jurisdiction of the state of Washington.
Whenever the word "pollution" is used in this chapter, it shall be construed to mean such contamination, or other alteration of the physical, chemical or biological properties, of any waters of the state, including change in temperature, taste, color, turbidity, or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive, or other substance into any waters of the state as will or is likely to create a nuisance or render such waters harmful, detrimental or injurious to the public health, safety or welfare, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life.
Wherever the word "department" is used in this chapter it shall mean the department of ecology.
Whenever the word "director" is used in this chapter it shall mean the director of ecology.
Whenever the words "aquatic noxious weed" are used in this chapter, they have the meaning prescribed under RCW 17.26.020.
Whenever the words "general sewer plan" are used in this chapter they shall be construed to include all sewerage general plans, sewer general comprehensive plans, plans for a system of sewerage, and other plans for sewer systems adopted by a local government entity including but not limited to cities, towns, public utility districts, and water-sewer districts.
[ 2002 c 161 § 4; 1995 c 255 § 7; 1987 c 109 § 122; 1967 c 13 § 1; 1945 c 216 § 2; Rem. Supp. 1945 § 10964b.]
NOTES:
Effective date—1995 c 255: See RCW 17.26.901.
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. › 90.48.030 - Jurisdiction of department.

RCW 90.48.030
Jurisdiction of department.
The department shall have the jurisdiction to control and prevent the pollution of streams, lakes, rivers, ponds, inland waters, salt waters, water courses, and other surface and underground waters of the state of Washington.
[ 1987 c 109 § 123; 1945 c 216 § 10; Rem. Supp. 1945 § 10964j. FORMER PART OF SECTION: 1945 c 216 § 11; Rem. Supp. 1945 § 10964k, now codified as RCW 90.48.035.]
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. › 90.48.035 - Rule-making authority.

RCW 90.48.035
Rule-making authority.
The department shall have the authority to, and shall promulgate, amend, or rescind such rules and regulations as it shall deem necessary to carry out the provisions of this chapter, including but not limited to rules and regulations relating to standards of quality for waters of the state and for substances discharged therein in order to maintain the highest possible standards of all waters of the state in accordance with the public policy as declared in RCW 90.48.010.
[ 1987 c 109 § 124; 1970 ex.s. c 88 § 11; 1967 c 13 § 6; 1945 c 216 § 11; Rem. Supp. 1945 § 10964k. Formerly RCW 90.48.030, part.]
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. › 90.48.037 - Authority of department to bring enforcement actions.

RCW 90.48.037
Authority of department to bring enforcement actions.
The department, with the assistance of the attorney general, is authorized to bring any appropriate action at law or in equity, including action for injunctive relief, in the name of the people of the state of Washington as may be necessary to carry out the provisions of this chapter or chapter 90.56 RCW.
[ 1991 c 200 § 1102; 1987 c 109 § 125; 1967 c 13 § 7.]
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. › 90.48.039 - Hazardous substance remedial actions—Procedural requirements not applicable.

RCW 90.48.039
Hazardous substance remedial actions—Procedural requirements not applicable.
The procedural requirements of this chapter shall not apply to 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 of ecology shall 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.
[ 2020 c 20 § 1498; 1994 c 257 § 19.]
NOTES:
Severability—1994 c 257: See note following RCW 36.70A.270.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.48 - Water Pollution Control. › 90.48.045 - Environmental excellence program agreements—Effect on chapter.

RCW 90.48.045
Environmental excellence program agreements—Effect on chapter.
Notwithstanding any other provision of law, any legal requirement under this chapter, including any standard, limitation, rule, or order is superseded and replaced in accordance with the terms and provisions of an environmental excellence program agreement, entered into under chapter 43.21K RCW.
[ 1997 c 381 § 26.]
NOTES:
Purpose—1997 c 381: See RCW 43.21K.005.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.48 - Water Pollution Control. › 90.48.080 - Discharge of polluting matter in waters prohibited.

RCW 90.48.080
Discharge of polluting matter in waters prohibited.
It shall be unlawful for any person to throw, drain, run, or otherwise discharge into any of the waters of this state, or to cause, permit or suffer to be thrown, run, drained, allowed to seep or otherwise discharged into such waters any organic or inorganic matter that shall cause or tend to cause pollution of such waters according to the determination of the department, as provided for in this chapter.
[ 1987 c 109 § 126; 1967 c 13 § 8; 1945 c 216 § 14; Rem. Supp. 1945 § 10964n.]
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. › 90.48.090 - Right of entry—Special inspection requirements for metals mining and milling operations.

RCW 90.48.090
Right of entry—Special inspection requirements for metals mining and milling operations.
The department or its duly appointed agent shall have the right to enter at all reasonable times in or upon any property, public or private, for the purpose of inspecting and investigating conditions relating to the pollution of or the possible pollution of any of the waters of this state.
The department shall have special inspection requirements for metals mining and milling operations regulated under chapter 232, Laws of 1994. The department shall inspect these mining and milling operations at least quarterly in order to ensure compliance with the intent and any permit issued pursuant to this chapter. The department shall conduct additional inspections as needed during the construction phase of these mining operations in order to ensure compliance with this chapter.
[ 1994 c 232 § 21; 1987 c 109 § 127; 1945 c 216 § 15; Rem. Supp. 1945 § 10964o.]
NOTES:
Effective date—1994 c 232 §§ 6-8 and 18-22: See RCW 78.56.902.
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. › 90.48.095 - Authority of department to compel attendance and testimony of witnesses, production of books and papers—Contempt proceedings to enforce—Fees.

RCW 90.48.095
Authority of department to compel attendance and testimony of witnesses, production of books and papers—Contempt proceedings to enforce—Fees.
In carrying out the purposes of this chapter or chapter 90.56 RCW the department shall, in conjunction with either the adoption of rules, consideration of an application for a waste discharge permit or the termination or modification of such permit, or proceedings in adjudicative hearings, have the authority to issue process and subpoena witnesses effective throughout the state on its own behalf or that of an interested party, compel their attendance, administer oaths, take the testimony of any person under oath and, in connection therewith require the production for examination of any books or papers relating to the matter under consideration by the department. In case of disobedience on the part of any person to comply with any subpoena issued by the department, or on the refusal of any witness to testify to any matters regarding which he or she may be lawfully interrogated, it shall be the duty of the superior court of any county, or of the judge thereof, on application of the department, to compel obedience by proceedings for contempt, as in the case of disobedience of the requirements of a subpoena issued from such court or a refusal to testify therein. In connection with the authority granted under this section no witness or other person shall be required to divulge trade secrets or secret processes. Persons responding to a subpoena as provided herein shall be entitled to fees as are witnesses in superior court.
[ 2013 c 23 § 613; 1991 c 200 § 1103; 1987 c 109 § 128; 1967 c 13 § 9.]
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. › 90.48.100 - Request for assistance.

RCW 90.48.100
Request for assistance.
The department shall have the right to request and receive the assistance of any educational institution or state agency when it is deemed necessary by the department to carry out the provisions of this chapter or chapter 90.56 RCW.
[ 1991 c 200 § 1104; 1987 c 109 § 129; 1945 c 216 § 16; Rem. Supp. 1945 § 10964p.]
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. › 90.48.110 - Plans and proposed methods of operation and maintenance of sewerage or disposal systems to be submitted to department—Exceptions—Time limitations.

RCW 90.48.110
Plans and proposed methods of operation and maintenance of sewerage or disposal systems to be submitted to department—Exceptions—Time limitations.
(1) Except under subsection (2) of this section, all engineering reports, plans, and specifications for the construction of new sewerage systems, sewage treatment or disposal plants or systems, or for improvements or extensions to existing sewerage systems or sewage treatment or disposal plants, and the proposed method of future operation and maintenance of said facility or facilities, shall be submitted to and be approved by the department, before construction thereof may begin. No approval shall be given until the department is satisfied that said plans and specifications and the methods of operation and maintenance submitted are adequate to protect the quality of the state's waters as provided for in this chapter. Approval 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 regulated by local health jurisdictions under rules of the state board of health.
(2) To promote efficiency in service delivery and intergovernmental cooperation in protecting the quality of the state's waters, the department may delegate the authority for review and approval of engineering reports, plans, and specifications for the construction of new sewerage systems, sewage treatment or disposal plants or systems, or for improvements or extensions to existing sewerage system or sewage treatment or disposal plants, and the proposed method of future operations and maintenance of said facility or facilities and industrial pretreatment systems, to local units of government requesting such delegation and meeting criteria established by the department.
(3) For any new or revised general sewer plan submitted for review under this section, the department shall review and either approve, conditionally approve, reject, or request amendments within ninety days of the receipt of the submission of the plan. The department may extend this ninety-day time limitation for new submittals by up to an additional ninety days if insufficient time exists to adequately review the general sewer plan. For rejections of plans or extensions of the timeline, the department shall provide in writing to the local government entity the reason for such action. In addition, the governing body of the local government entity and the department may mutually agree to an extension of the deadlines contained in this section.
[ 2020 c 20 § 1499; 2007 c 343 § 13; 2002 c 161 § 5; 1994 c 118 § 1; 1987 c 109 § 130; 1967 c 13 § 10; 1945 c 216 § 17; Rem. Supp. 1945 § 10964q.]
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. › 90.48.112 - Plan evaluation—Consideration of reclaimed water.

RCW 90.48.112
Plan evaluation—Consideration of reclaimed water.
The evaluation of any plans submitted under RCW 90.48.110 must include consideration of opportunities for the use of reclaimed water as defined in RCW 90.46.010. Wastewater plans submitted under RCW 90.48.110 must include a statement describing how applicable reclamation and reuse elements will be coordinated as required under RCW 90.46.120(2).
[ 2003 1st sp.s. c 5 § 12; 1997 c 444 § 9.]
NOTES:
Severability—2003 1st sp.s. c 5: See note following RCW 90.03.015.
Severability—1997 c 444: See note following RCW 90.46.010.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.48 - Water Pollution Control. › 90.48.120 - Notice of department's determination that violation has or will occur—Report to department of compliance with determination—Order or directive to be issued—Notice.

RCW 90.48.120
Notice of department's determination that violation has or will occur—Report to department of compliance with determination—Order or directive to be issued—Notice.
(1) Whenever, in the opinion of the department, any person shall violate or creates a substantial potential to violate the provisions of this chapter or chapter 90.56 RCW, or fails to control the polluting content of waste discharged or to be discharged into any waters of the state, the department shall notify such person of its determination by registered mail. Such determination shall not constitute an order or directive under RCW 43.21B.310. Within thirty days from the receipt of notice of such determination, such person shall file with the department a full report stating what steps have been and are being taken to control such waste or pollution or to otherwise comply with the determination of the department. Whereupon the department shall issue such order or directive as it deems appropriate under the circumstances, and shall notify such person thereof by registered mail.
(2) Whenever the department deems immediate action is necessary to accomplish the purposes of this chapter or chapter 90.56 RCW, it may issue such order or directive, as appropriate under the circumstances, without first issuing a notice or determination pursuant to subsection (1) of this section. An order or directive issued pursuant to this subsection shall be served by registered mail or personally upon any person to whom it is directed.
[ 1992 c 73 § 25; 1987 c 109 § 131; 1985 c 316 § 3; 1973 c 155 § 2; 1967 c 13 § 11; 1945 c 216 § 18; Rem. Supp. 1945 § 10964r.]
NOTES:
Effective dates—1992 c 73: See RCW 82.23B.902.
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. › 90.48.140 - Penalty.

RCW 90.48.140
Penalty.
Any person found guilty of willfully violating any of the provisions of this chapter or chapter 90.56 RCW, or any final written orders or directive of the department or a court in pursuance thereof is guilty of a gross misdemeanor, and upon conviction thereof shall be punished by a fine of up to ten thousand dollars and costs of prosecution, or by imprisonment in the county jail for up to three hundred sixty-four days, or by both such fine and imprisonment in the discretion of the court. Each day upon which a willful violation of the provisions of this chapter or chapter 90.56 RCW occurs may be deemed a separate and additional violation.
[ 2011 c 96 § 61; 2003 c 53 § 419; 1992 c 73 § 26; 1973 c 155 § 8; 1945 c 216 § 20; Rem. Supp. 1945 § 10964t.]
NOTES:
Findings—Intent—2011 c 96: See note following RCW 9A.20.021.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Effective dates—1992 c 73: See RCW 82.23B.902.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.48 - Water Pollution Control. › 90.48.142 - Violations—Liability in damages for injury or death of fish, animals, vegetation—Action to recover.

RCW 90.48.142
Violations—Liability in damages for injury or death of fish, animals, vegetation—Action to recover.
(1) Any person who:
(a)(i) Violates any of the provisions of this chapter or chapter 90.56 RCW;
(ii) Fails to perform any duty imposed by this chapter or chapter 90.56 RCW;
(iii) Violates an order or other determination of the department or the director made pursuant to the provisions of this chapter or chapter 90.56 RCW;
(iv) Violates the conditions of a waste discharge permit issued pursuant to RCW 90.48.160; or
(v) Otherwise causes a reduction in the quality of the state's waters below the standards set by the department or, if no standards have been set, causes significant degradation of water quality, thereby damaging the same; and
(b) Causes the death of, or injury to, fish, animals, vegetation, or other resources of the state;
shall be liable to pay the state and affected counties and cities damages in an amount determined pursuant to RCW 90.48.367.
(2) No action shall be authorized under this section against any person operating in compliance with the conditions of a waste discharge permit issued pursuant to RCW 90.48.160.
[ 1991 c 200 § 810; 1989 c 262 § 2; 1988 c 36 § 69; 1987 c 109 § 132; 1985 c 316 § 6; 1970 ex.s. c 88 § 12; 1967 ex.s. c 139 § 13.]
NOTES:
Effective dates—1991 c 200: See RCW 90.56.901.
Findings—1989 c 262: "The legislature finds that there is confusion regarding the measure of damages authorized under RCW 90.48.142. The intent of this act is to clarify existing law on the measure of damages authorized under RCW 90.48.142, not to change the law." [ 1989 c 262 § 1.]
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
Severability—1967 ex.s. c 139: See RCW 82.34.900.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.48 - Water Pollution Control. › 90.48.144 - Violations—Civil penalty—Procedure.

RCW 90.48.144
Violations—Civil penalty—Procedure.
Except as provided in RCW 43.05.060 through 43.05.080 and 43.05.150, every person who:
(1) Violates the terms or conditions of a waste discharge permit issued pursuant to RCW 90.48.180 or 90.48.260 through 90.48.262, or
(2) Conducts a commercial or industrial operation or other point source discharge operation without a waste discharge permit as required by RCW 90.48.160 or 90.48.260 through 90.48.262, or
(3) Violates the provisions of RCW 90.48.080, or other sections of this chapter or chapter 90.56 RCW or rules or orders adopted or issued pursuant to either of those chapters, shall incur, in addition to any other penalty as provided by law, a penalty in an amount of up to ten 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 herein provided for. The penalty amount shall be set in consideration of the previous history of the violator and the severity of the violation's impact on public health and/or the environment in addition to other relevant factors. The penalty herein provided for shall be imposed pursuant to the procedures set forth in RCW 43.21B.300.
[ 1995 c 403 § 636; 1992 c 73 § 27; 1987 c 109 § 17; 1985 c 316 § 2; 1973 c 155 § 9; 1970 ex.s. c 88 § 13; 1967 ex.s. c 139 § 14.]
NOTES:
Findings—Short title—Intent—1995 c 403: See note following RCW 34.05.328.
Effective dates—1992 c 73: See RCW 82.23B.902.
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
Severability—1967 ex.s. c 139: See RCW 82.34.900.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.48 - Water Pollution Control. › 90.48.150 - Construction of chapter.

RCW 90.48.150
Construction of chapter.
This chapter shall not be construed as repealing any of the laws governing the pollution of the waters of the state, but shall be held and construed as ancillary to and supplementing the same and an addition to the laws now in force, except as the same may be in direct conflict herewith.
[ 1945 c 216 § 21; Rem. Supp. 1945 § 10964u.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.48 - Water Pollution Control. › 90.48.153 - Cooperation with federal government—Federal funds.

RCW 90.48.153
Cooperation with federal government—Federal funds.
The department is authorized to cooperate with the federal government and to accept grants of federal funds for carrying out the purposes of this chapter. The department is empowered to make any application or report required by an agency of the federal government as an incident to receiving such grants.
[ 1987 c 109 § 133; 1949 c 58 § 1; Rem. Supp. 1949 § 10964pp. Formerly RCW 90.48.040.]
NOTES:
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.