reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-186 - Oil spill contingency plan-Railroad › Part IV - OIL SPILL CONTINGENCY PLANS FOR TYPE B RAILROADS › Section A - Contingency Plan Format, Content and Implementation › Section 173-186-602 - Binding agreement

Current through Register Vol. 24-14, July 15, 2024
(1)
				  Each plan shall contain a written agreement binding the contingency plan
				  submitter to its use. The person(s) signing the agreement shall be authorized
				  to make expenditures to implement the requirements in subsection (2) of this
				  section. Form number ECY 070 612 may be used. The binding agreement shall be
				  signed by:
(a) An authorized owner, or
				  operator, or a designee with authority to bind the owners and operators of the
				  facilities or vessels covered by the plan;
(b) An authorized representative(s) of a
				  company contracted to the vessel or facility and approved by ecology to provide
				  containment and clean-up services.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-186 - Oil spill contingency plan-Railroad › Part IV - OIL SPILL CONTINGENCY PLANS FOR TYPE B RAILROADS › Section A - Contingency Plan Format, Content and Implementation › Section 173-186-604 - Field document

Current through Register Vol. 24-14, July 15, 2024
(1)
				  Each plan shall contain a field document which lists time-critical information
				  for the initial emergency phase of a spill or a substantial threat of a spill.
				  The owner or operator of the railroad shall make the field document available
				  to personnel who participate in oil handling operations and shall keep the
				  field document in key locations for use during an initial response. The
				  locations where field documents are kept shall be listed in the plan.
(2) At a minimum, the field document shall
				  contain:
(a) Procedures to detect, assess and
				  document the presence and size of a spill;
(b) Spill notification procedures including a
				  form to document them when made; and
(c) The checklist that identifies significant
				  steps used to respond to a spill, listed in a logical progression of response
				  activities.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-186 - Oil spill contingency plan-Railroad › Part IV - OIL SPILL CONTINGENCY PLANS FOR TYPE B RAILROADS › Section A - Contingency Plan Format, Content and Implementation › Section 173-186-605 - Wildlife rescue and rehabilitation

Current through Register Vol. 24-14, July 15, 2024
(1) Plan holders must plan for potential
				  spill impacts to wildlife (birds, marine mammals, turtles and other reptiles,
				  and other water column and near shores species) that utilize habitats at risk
				  from spills.
(2) The plan must
				  include contact information for approved PRC and WRSP that maintain the
				  required equipment and personnel for conducting wildlife response operations,
				  to serve within the wildlife branch of the ICS, and coordinate with state,
				  federal, tribal and other response partners to conduct wildlife reconnaissance,
				  deterrence, and recovery.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-186 - Oil spill contingency plan-Railroad › Part IV - OIL SPILL CONTINGENCY PLANS FOR TYPE B RAILROADS › Section A - Contingency Plan Format, Content and Implementation › Section 173-186-610 - Enforcement-Noncompliance (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-186 - Oil spill contingency plan-Railroad › Part IV - OIL SPILL CONTINGENCY PLANS FOR TYPE B RAILROADS › Section A - Contingency Plan Format, Content and Implementation › Section 173-186-620 - Severability (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-186 - Oil spill contingency plan-Railroad › Part IV - OIL SPILL CONTINGENCY PLANS FOR TYPE B RAILROADS › Section C - Plan Evaluation › Section 173-186-700 - Oil spill contingency plan best achievable protection five-year review cycle

Current through Register Vol. 24-14, July 15, 2024
Using the procedures and criteria outlined in WAC
					 173-182-621,
					 ecology will review the planning standards at five-year intervals to ensure the
					 maintenance of best achievable protection to respond to a worst case spill and
					 provide for continuous operation of oil spill response activities to the
					 maximum extent practicable and without jeopardizing crew
					 safety.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-186 - Oil spill contingency plan-Railroad › Part IV - OIL SPILL CONTINGENCY PLANS FOR TYPE B RAILROADS › Section C - Plan Evaluation › Section 173-186-710 - Process for plan approval

Current through Register Vol. 24-14, July 15, 2024
Rail owners or operators for new railroad operations shall
					 submit plans to ecology no less than sixty-five days prior to their planned
					 date for beginning of operations in Washington.
(1) Upon receipt of a plan, ecology shall
				  evaluate whether the plan is complete, and if not, the rail plan holder shall
				  be notified of any deficiencies within five business days. The public review
				  and comment period does not begin until a complete plan is received.
(2) Once a plan has been determined to be
				  complete, ecology shall notify interested parties, including local and tribal
				  governments and make the plan available for public review and comment. Ecology
				  will accept comments on the plan for a period of thirty days after the plan has
				  been made publicly available. No later than sixty-five days from the date of
				  public notice of availability, ecology will make a written determination either
				  approving, conditionally approving, or disapproving the plan. The written
				  determination will be provided in the form of an order and subject to appeal as
				  specified in chapter 43.21B RCW.
(a) If the
				  plan is approved, the rail plan holder will receive a certificate of plan
				  approval and the plan expiration date. Approved plans shall be valid for five
				  years.
(b) If the plan is
				  conditionally approved, ecology may require a rail plan holder to operate under
				  specific restrictions until unacceptable components of the plan are revised,
				  resub-mitted and approved. In the conditional approval ecology will describe:
(i) Each specific restriction and the
				  duration for which it applies;
(ii)
				  Each required item to bring the plan into compliance; and
(iii) The schedule for rail plan holders to
				  submit required updates, including a reference to the regulatory standard in
				  question.
Restrictions may include, but are not limited to,
					 additional information for the plan or additional requirements to ensure
					 availability of response equipment.
Conditional approval expires no later than eighteen months
					 from date of issue at which time the rail plan holder shall need to request an
					 extension, which is subject to public review.
Ecology shall revoke its conditional approval prior to the
					 expiration date when a rail plan holder fails to meet the terms of the
					 conditional approval. The revocation will be in the form of an appealable
					 order.
(c) If
				  the plan is disapproved, the rail plan holder shall receive an explanation of
				  the factors.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-186 - Oil spill contingency plan-Railroad › Part IV - OIL SPILL CONTINGENCY PLANS FOR TYPE B RAILROADS › Section C - Plan Evaluation › Section 173-186-720 - Process for public notice and opportunity for public review and comment period

Current through Register Vol. 24-14, July 15, 2024
(1) The purpose
				  of this section is to specify the procedures for notifying the public which
				  includes interested local and tribal governments about contingency plan status
				  and decisions in order to provide opportunities for the public to review and
				  comment.
(2) In order to receive
				  notification of the public review and comment period, interested public, local,
				  and tribal governments should sign up on the ecology email list (listserv) for
				  posting notice about plan review and comment. Ecology's web site will also be
				  used to post notice of public review and comment periods.
(3) Public comment periods shall extend at
				  least thirty days. Public notice, review, and comment periods are required in
				  the following circumstances:
(a) Plan
				  submittals for railroads that have never submitted a plan in
				  Washington;
(b) Plan updates
				  required by WAC
				  173-186-130;
(c) The submittal of plans for five-year
				  review as required by WAC
				  173-186-110;
(d) A permanent significant change to an
				  approved plan.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-186 - Oil spill contingency plan-Railroad › Part IV - OIL SPILL CONTINGENCY PLANS FOR TYPE B RAILROADS › Section D - Drill Evaluation Program › Section 173-186-800 - Drill participation, scheduling and evaluation

Current through Register Vol. 24-14, July 15, 2024
(1) Rail plan holders will hold one basic
				  tabletop drill once every three years. In Washington, a modified triennial
				  cycle for drills, as found in the National Preparedness for Response Exercise
				  Program (NPREP), is relied on to test each component of the plan.
(2) Tabletop drills are intended to
				  demonstrate a rail plan holder's capability to manage a spill using the ICS.
				  Role playing shall be required in this drill. The drill must involve some
				  members of the SMT and WRSP described in the plan.
(3)
Ecology's participation in
				  drills:
Rail plan holders shall ensure ecology is provided an
				  opportunity to help design and evaluate the drill.
(4)
Scheduling drills:
The plan
				  holder shall schedule the drill on the NWACP area exercise calendar at least
				  ninety days in advance of the scheduled date.
(5)
Evaluating drills:
Ecology
				  shall provide a written drill evaluation report to the rail plan holder
				  following the drill. Credit will be granted for drill objectives that ecology
				  determines to be successfully met.
(6) Objectives that are not successfully met
				  shall be tested again in subsequent drills, except that significant failures
				  will be retested within thirty days.
(7) Where plan deficiencies have been
				  identified in the written evaluation, rail plan holders may be required to make
				  specific amendments to the plan or conduct additional trainings to address the
				  deficiencies.
(8) A rail plan
				  holder may request an informal review with ecology of the ecology drill
				  evaluation within thirty days of receipt of the report.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-186 - Oil spill contingency plan-Railroad › Part V - OIL SPILL CONTINGENCY PLANS FOR TYPE C RAILROADS › Section A - General Plan Content › Section 173-186-900 - Contingency plan format and content

Current through Register Vol. 24-14, July 15, 2024
(1) Rail plan holders shall format and
				  maintain plans to maximize their usefulness during an incident. Contingency
				  plan shall include all of the content and meet all the requirements in this
				  section;
(2) Keep documentation of
				  the contingency plan on file with the department at the plan holder's principal
				  place of business and at dispatcher field offices of the railroad;
(3) Identify and include contact information
				  for the chain of command and other personnel, including employees or spill
				  response contractors, who will be involved in the railroad's response in the
				  event of a spill;
(4) Include
				  information related to the relevant accident insurance carried by the railroad
				  and provide a certificate of insurance to ecology upon request;
(5) Develop a field document for use by
				  personnel involved in oil handling operations that includes time-critical
				  information regarding basic contingency plan procedures to be used in the
				  initial response to a spill or a threatened spill.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-187 - Financial responsibility › Part I - GENERAL REQUIREMENTS › Section 173-187-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
(1) The purpose of this chapter is to ensure
				that owners and operators of facilities and covered vessels have adequate
				financial resources to pay cleanup and damage costs arising from an oil
				spill.
(2) The required amounts of
				financial responsibility in no way restrict or set financial limitations on any
				duty, obligation, or liability of the responsible party.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-187 - Financial responsibility › Part I - GENERAL REQUIREMENTS › Section 173-187-020 - Applicability

Current through Register Vol. 24-14, July 15, 2024
(1) This chapter applies to owners and
				operators of onshore facilities, offshore facilities, and covered vessels
				required to meet financial responsibility requirements under chapter 88.40
				RCW.
(2) This chapter does not
				apply to owners or operators of:
(a)
				Railroads, motor vehicles, or other rolling stock while transporting oil over
				the highways or rail lines of the state;
(b) Covered vessels owned or operated by the
				federal government or by a state or local government;
(c) Onshore or offshore facilities owned or
				operated by the federal government or by the state or local
				government;
(d) Tribal vessels;
				or
(e) Vessels temporarily
				transiting waters of the state of Washington through international maritime
				routes that do not call on United States ports.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-187 - Financial responsibility › Part I - GENERAL REQUIREMENTS › Section 173-187-030 - Authority

Current through Register Vol. 24-14, July 15, 2024
Chapter 88.40 RCW provides authority for the financial
				  responsibility requirements established by this chapter.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-187 - Financial responsibility › Part I - GENERAL REQUIREMENTS › Section 173-187-040 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1) "Authorized representative" means a
				person who has the authority, or delegated authority, to submit and attest to
				information relevant to the certificate of financial responsibility
				process.
(2) "Barge" means a vessel
				that is not self-propelled.
(3)
				"Bulk" means material that is stored or transported in a loose, unpackaged
				liquid, powder, or granular form capable of being conveyed by a pipe, bucket,
				chute, or belt system.
(4) "Cargo
				vessel" means a self-propelled ship in commerce, other than a tank vessel,
				fishing vessel, or a passenger vessel, of 300 or more gross tons.
(5) "Class 1 facility" means a facility as
				defined in RCW  88.40.011 as:
(a) Any
				structure, group of structures, equipment, pipeline, or device, other than a
				vessel, located on or near the navigable waters of the state that transfers oil
				in bulk to or from any vessel with an oil carrying capacity over 250 barrels or
				pipeline, that is used for producing, storing, handling, transferring,
				processing, or transporting oil in bulk.
(b) A facility does not include any:
(i) Railroad car, motor vehicle, or other
				rolling stock while transporting oil over the highways or rail lines of this
				state;
(ii) Retail motor vehicle
				motor fuel outlet;
(iii) Facility
				that is operated as part of an exempt agricultural activity as provided in RCW
				 82.04.330;
(iv) Underground storage
				tank regulated by ecology or a local government under chapter 70A.355 RCW;
				or
(v) Marine fuel outlet that does
				not dispense more than 3,000 gallons of fuel to a ship that is not a covered
				vessel, in a single transaction.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-187 - Financial responsibility › Part I - GENERAL REQUIREMENTS › Section 173-187-050 - Enforcement

Current through Register Vol. 24-14, July 15, 2024
Any violation of this chapter may be subject to enforcement
				  and penalties under chapter 88.40 RCW, RCW  90.56.300 and
				  90.56.310.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-187 - Financial responsibility › Part I - GENERAL REQUIREMENTS › Section 173-187-060 - Severability

Current through Register Vol. 24-14, July 15, 2024
If any provision of this chapter is held invalid, the
				  remainder of the chapter is not affected.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-187 - Financial responsibility › Part II - FINANCIAL RESPONSIBILITY AMOUNTS FOR VESSELS AND FACILITIES › Section 173-187-100 - Financial responsibility amounts for vessels

Current through Register Vol. 24-14, July 15, 2024
(1) The owner or operator of any vessel that
				is covered by this chapter must demonstrate financial responsibility as defined
				in the table below:
Vessel Type
Financial Responsibility
							 Amounts
Barges that transport hazardous substances in bulk as
							 cargo
$5,000,000 or $300 per gross ton, whichever is
							 greater
Tank vessels, including tank barges
$1,000,000,000
Tank vessels, including tank barges, 300 gross tons
							 or less
$5,000,000 or $3,000 per barrel of the barge's total
							 capacity, whichever is greater
Cargo vessel
$300,000,000
Passenger vessel
$300,000,000
Passenger vessels that transport passengers and
							 vehicles between Washington and a foreign country
$500,000 or $600 per gross ton, whichever is
							 greater
Fishing vessel that carries predominantly
							 nonpersistent oil
$1,334,000 or $133.40 per each barrel of total oil
							 storage capacity, whichever is greater
Fishing vessel that carries predominantly persistent
							 oil
$6,670,000 or $400.20 per each barrel of total oil
							 storage capacity, whichever is greater
(2)
				A tank barge used solely as an oil spill response barge is not required to
				possess evidence of financial responsibility if the owner or operator submits
				to ecology a letter signed by an authorized representative that identifies the
				barge's name, official number, country of registry, and gross tonnage and
				certifies that:
(a) The barge is used
				exclusively for oil spill response activities and will not be used to carry oil
				in bulk in commerce; and
(b) The
				owner or operator is an approved primary response contractor under chapter
				173-182 WAC.
If either certification becomes inaccurate, the owner or
				  operator must notify ecology and must immediately comply with this
				  chapter.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-187 - Financial responsibility › Part II - FINANCIAL RESPONSIBILITY AMOUNTS FOR VESSELS AND FACILITIES › Section 173-187-110 - Financial responsibility amounts for facilities

Current through Register Vol. 24-14, July 15, 2024
The owner or operator of any facility that is covered by this
				  chapter must demonstrate financial responsibility as defined in the table
				  below:
Facility Type
Financial Responsibility
							 Amounts
Maximum Amount
							 Required
Class 1 facility (oil handling facilities including
							 refineries and marine terminals)
$12,500 per barrel times worst case spill (WCS)
							 volume
$300,000,000
Class 1 facility (offshore facilities)
$12,500 per barrel times worst case spill (WCS)
							 volume
$300,000,000
Class 1 facility (pipelines)
$12,500 per barrel times worst case spill (WCS)
							 volume
$300,000,000
Class 2 facility (mobile tank units)
$12,500 per barrel times 30 percent of the entire
							 contents of the container(s) in which the oil is stored or transported
$5,000,000
Class 3 facility (small marine terminals)
$12,500 per barrel times the volume of the largest
							 facility tank
$5,000,000
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-187 - Financial responsibility › Part II - FINANCIAL RESPONSIBILITY AMOUNTS FOR VESSELS AND FACILITIES › Section 173-187-120 - Request for an alternative financial responsibility calculation

Current through Register Vol. 24-14, July 15, 2024
(1) A facility may submit to ecology a
				request for an alternative calculation to determine financial responsibility
				required under this chapter.
(a) The request
				must demonstrate financial responsibility capable of covering the response
				costs and damages that could occur during a reasonable worst case spill of oil
				from that facility into the navigable waters of the state.
(b) The request must include a detailed
				report justifying the alternative calculation. The report should include, but
				is not limited to:
(i) The worst case amount
				of oil that could be spilled, as calculated in the applicant's oil spill
				contingency plan approved under chapter 90.56 RCW, or as defined in this
				chapter;
(ii) The cost of cleaning
				up the spilled oil;
(iii) The type
				and frequency of operations at the facility;
(iv) The damages that could result from the
				spill;
(v) The facility's proximity
				to navigable waters of the state and how a spill could be prevented from
				reaching such waters;
(vi) The
				spill prevention and preparedness measures for the facility including spill
				response procedures, response equipment, personnel, training, maintenance
				systems, contracted response resources, monitoring and shut down systems,
				pipeline drain times, tank conditions, secondary containment systems, and
				third-party inspection information.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-187 - Financial responsibility › Part III - FINANCIAL RESPONSIBILITY - APPLYING FOR A WASHINGTON CERTIFICATE OF FINANCIAL RESPONSIBILITY (COFR) › Section 173-187-200 - Demonstrating financial responsibility

Current through Register Vol. 24-14, July 15, 2024
(1)
				The owner or operator of a vessel required to document financial responsibility
				under this chapter must:
(a) Obtain a
				Washington COFR; or
(b) Be verified
				by ecology to be a current member of a P&I club.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-187 - Financial responsibility › Part III - FINANCIAL RESPONSIBILITY - APPLYING FOR A WASHINGTON CERTIFICATE OF FINANCIAL RESPONSIBILITY (COFR) › Section 173-187-210 - Procedures for vessels to be verified as a member of an international protection and indemnity (P and I) club

Current through Register Vol. 24-14, July 15, 2024
(1)
				Ecology will verify, through its available means, that the vessel is currently
				a member of a P&I club.
(2) If
				ecology is unable to verify the vessel is a member of a P&I club, the
				vessel owner or operator must, upon request by ecology, provide the vessel's
				P&I club certificate of entry demonstrating the required levels of
				financial responsibility to ecology within 10 calendar days of receiving the
				request.
(3) If a vessel owner or
				operator does not provide ecology the vessel's P&I club certificate of
				entry including financial coverage information within 10 calendar days of the
				request, they are subject to enforcement and penalties as described in WAC
				173-187-050.
(4) If a vessel is not
				a member of a P&I club, the vessel owner or operator must obtain a
				Washington COFR with required financial amounts issued by ecology following the
				process in WAC 173-187-220 and the timelines in WAC 173-187-230 and
				173-187-240.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-187 - Financial responsibility › Part III - FINANCIAL RESPONSIBILITY - APPLYING FOR A WASHINGTON CERTIFICATE OF FINANCIAL RESPONSIBILITY (COFR) › Section 173-187-220 - Procedures for applying for a Washington certificate of financial responsibility (COFR)

Current through Register Vol. 24-14, July 15, 2024
(1) The owner or
				operator of a vessel or facility that is required to demonstrate financial
				responsibility under this chapter, or their authorized representative, must
				apply for a Washington COFR based on guidance located on ecology's
				website.
(2) Applications and
				associated materials must meet the following format requirements:
(a) All documents must be in English and all
				monetary terms must be in United States currency; and
(b) All fields in the application form must
				be completed with the requested information or the phrase "not
				applicable."
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-187 - Financial responsibility › Part III - FINANCIAL RESPONSIBILITY - APPLYING FOR A WASHINGTON CERTIFICATE OF FINANCIAL RESPONSIBILITY (COFR) › Section 173-187-230 - Phase-in schedule for vessels and facilities

Current through Register Vol. 24-14, July 15, 2024
(1) Within nine months of the rule effective
				date, owners and operators of existing Class 1 facilities must submit an
				application to request a Washington COFR.
(2) Within 15 months of the rule effective
				date, owners and operators of existing Class 2 and 3 facilities must submit an
				application to request a Washington COFR.
(3) Within 21 months of the rule effective
				date, owners and operators of vessels regulated by this rule must submit an
				application to request a Washington COFR or be verified as a member of a
				P&I club.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-187 - Financial responsibility › Part III - FINANCIAL RESPONSIBILITY - APPLYING FOR A WASHINGTON CERTIFICATE OF FINANCIAL RESPONSIBILITY (COFR) › Section 173-187-240 - Submittal timeline

Current through Register Vol. 24-14, July 15, 2024
(1) Owners and
				operators of facilities that are beginning new operations in the state after
				the effective date of this rule are required to submit a completed and signed
				application for a Washington COFR at least 65 calendar days before beginning
				operations.
(2)
(a) After the phase-in schedule described in
				WAC 173-187-230, owners and operators of vessels that are not members of
				P&I clubs must submit a completed and signed application for a Washington
				COFR, including attachments to prove financial responsibility, to ecology at
				least 10 calendar days before entering the waters of the state.
(b) Ecology will accept Washington COFR
				applications received less than 10 calendar days before the vessel enters the
				waters of the state and will expedite the review of the application, if:
(i) The application is received at least 24
				hours before the vessel enters the waters of the state; and
(ii) The applicant demonstrates that
				unanticipated circumstances prevent the applicant from submitting an
				application at least 10 calendar days in advance.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-187 - Financial responsibility › Part III - FINANCIAL RESPONSIBILITY - APPLYING FOR A WASHINGTON CERTIFICATE OF FINANCIAL RESPONSIBILITY (COFR) › Section 173-187-250 - Issuance of Washington COFRs

Current through Register Vol. 24-14, July 15, 2024
(1) Ecology will
				review applications and issue Washington COFRs for vessels and facilities
				within 30 calendar days of receipt of a complete application.
(2) If ecology approves the application for
				financial responsibility, it will issue a Washington COFR to the applicant
				stating that the proof of financial responsibility requirements have been met
				for each vessel or facility identified in the application and the Washington
				COFR will be emailed to the applicant.
(3) Washington COFRs expire two years after
				the issuance date.
(4) The
				effective date and the expiration date will be marked on the Washington
				COFR.
(5) The original Washington
				COFR, or a copy of the original Washington COFR, demonstrating financial
				responsibility must be available for inspection by ecology upon
				request.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-187 - Financial responsibility › Part III - FINANCIAL RESPONSIBILITY - APPLYING FOR A WASHINGTON CERTIFICATE OF FINANCIAL RESPONSIBILITY (COFR) › Section 173-187-260 - Washington COFR renewals

Current through Register Vol. 24-14, July 15, 2024
The owner or operator of the vessel or facility must submit
				  an application to renew their Washington COFR at least 30 calendar days, but no
				  more than 90 calendar days, before the expiration date of the Washington
				  COFR.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-187 - Financial responsibility › Part IV - FINANCIAL RESPONSIBILITY - NOTIFICATION REQUIREMENTS › Section 173-187-300 - Significant changes to Washington COFRs require notification

Current through Register Vol. 24-14, July 15, 2024
(1) If the owner or operator of a vessel or
				facility becomes aware of a significant change after ecology has issued a
				Washington COFR, they must notify ecology of the change within seven calendar
				days after becoming aware of the significant change. Ecology may suspend or
				terminate a Washington COFR if the owner or operator can no longer demonstrate
				financial responsibility based on the significant change. Significant changes
				include, but are not limited to:
(a) A change
				in ownership or operational control;
(b) A method of demonstrating financial
				responsibility will be terminated or any coverage thereunder will
				cease;
(c) Any financial
				responsibility coverage amount that will be changed or adjusted.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-200 - Water quality standards for groundwaters of the state of Washington › Section 173-200-010 - Introduction

Current through Register Vol. 24-14, July 15, 2024
(1) This chapter
			 implements
			 chapter
			 90.48 RCW, the Water
			 Pollution Control Act and
			 chapter
			 90.54 RCW, the Water
			 Resources Act of 1971.
(2) This
			 chapter applies to all groundwaters of the state that occur in a saturated zone
			 or stratum beneath the surface of land or below a surface water body.
(3) This chapter shall not apply to:
(a) Contaminant concentrations found in
			 saturated soils where those contaminants are chemicals or nutrients that have
			 been applied at agronomic rates for agricultural purpose if those contaminants
			 will not cause pollution of any groundwaters below the root zone.
(b) Contaminant concentrations found in
			 saturated soils where those contaminants are constituents that have been
			 applied at approved rates and under approved methods of land treatment if those
			 contaminants will not cause pollution of any groundwaters below the root
			 zone.
(c) Clean up actions approved
			 by the department under the Model Toxics Control Act,
			 chapter
			 70.105D RCW, or approved
			 by the United States Environmental Protection Agency under the Comprehensive
			 Environmental Response Compensation and Liability Act, 42 U.S.C. 9601 et seq.
			 Groundwater cleanup standards for such sites shall be developed under WAC
			 173-340-720.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-200 - Water quality standards for groundwaters of the state of Washington › Section 173-200-030 - Antidegradation policy

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 antidegradation policy of the state of Washington, is generally guided by
			 chapter
			 90.48 RCW, the Water
			 Pollution Control Act, and
			 chapter
			 90.54 RCW, the Water
			 Resources Act of 1971. The goal of this policy is to ensure the purity of the
			 state's groundwaters and to protect the natural environment.
(2) The antidegradation policy is as follows:
(a) Existing and future beneficial uses shall
			 be maintained and protected and degradation of groundwater quality that would
			 interfere with or become injurious to beneficial uses shall not be
			 allowed.
(b) Degradation shall not
			 be allowed of high quality groundwaters constituting an outstanding national or
			 state resource, such as waters of national and state parks and wildlife
			 refuges, and waters of exceptional recreational or ecological
			 significance.
(c) Whenever
			 groundwaters are of a higher quality than the criteria assigned for said
			 waters, the existing water quality shall be protected, and contaminants that
			 will reduce the existing quality thereof shall not be allowed to enter such
			 waters, except in those instances where it can be demonstrated to the
			 department's satisfaction that:
(i) An
			 overriding consideration of the public interest will be served; and
(ii) All contaminants proposed for entry into
			 said groundwaters shall be provided with all known, available, and reasonable
			 methods of prevention, control, and treatment prior to entry.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-200 - Water quality standards for groundwaters of the state of Washington › Section 173-200-040 - Criteria

Current through Register Vol. 24-14, July 15, 2024
(1) Groundwaters in
			 the state of Washington support many different beneficial uses. The purpose of
			 these criteria is to establish maximum contaminant concentrations for the
			 protection of a variety of beneficial uses of Washington's groundwater.
(a) Drinking water is the beneficial use
			 generally requiring the highest quality of groundwater.
(b) Providing protection to the level of
			 drinking water standards will protect a great variety of existing and future
			 beneficial uses.
(c) Some
			 groundwaters of the state support environmental systems with existing and
			 future beneficial uses requiring more stringent protection than that provided
			 by human health based criteria. These groundwaters and dependent uses will be
			 protected by either or both of the following:
(i) Designation of an area and its associated
			 groundwater as a special protection area in accordance with WAC
			 173-200-090.
(ii) Establishment of enforcement limits as
			 close to the natural groundwater quality as possible for activities that may
			 adversely affect those groundwaters in accordance with WAC
			 173-200-050.
(d) The use of criteria based on drinking
			 water quality shall in no way be interpreted to mean that all groundwaters are
			 used for drinking water or that all groundwaters are presently suitable for
			 drinking water.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-200 - Water quality standards for groundwaters of the state of Washington › Section 173-200-050 - Enforcement limit

Current through Register Vol. 24-14, July 15, 2024
(1) An
			 enforcement limit is a value assigned to any contaminant for the purposes of
			 regulating that contaminant to protect existing groundwater quality and to
			 prevent groundwater pollution.
(2)
			 Enforcement limits shall be defined on a case-by-case basis and shall be met at
			 the point of compliance as defined in WAC
			 173-200-060. When the point of
			 compliance is established at or in close proximity to the property boundary,
			 enforcement limits shall be established sufficiently below criteria to provide
			 an adequate margin of safety to ensure pollution does not extend beyond the
			 property boundary.
(3) All
			 enforcement limits shall, at a minimum, be based on all known, available, and
			 reasonable methods of prevention, control, and treatment.
(a) The department shall consider all of the
			 following in establishing enforcement limits:
(i) The antidegradation policy;
(ii) Establishment of an enforcement limit as
			 near the natural groundwater quality as practical;
(iii) Overall protection of human health and
			 the environment;
(iv) Whether the
			 potentially affected area has been designated as a special protection
			 area;
(v) Protection of existing
			 and future beneficial uses;
(vi)
			 Effects of the presence of multiple chemicals, multiple exposure pathways in
			 accordance with subsection (5) of this section, and toxicity of individual
			 contaminants;
(vii) Federal, state,
			 tribal, and local land use plans, policies, or ordinances including wellhead
			 protection programs;
(viii)
			 Pollution of other media such as soils or surface waters; and
(ix) Any other considerations the department
			 deems pertinent to achieve the objectives of this chapter.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-200 - Water quality standards for groundwaters of the state of Washington › Section 173-200-060 - Point of compliance

Current through Register Vol. 24-14, July 15, 2024
(1)
			 The point of compliance is the location where the enforcement limit, set in
			 accordance with WAC
			 173-200-050, shall be measured
			 and shall not be exceeded.
(a) The department
			 shall establish the point of compliance for an activity. The point of
			 compliance shall be established in the groundwater as near the source as
			 technically, hydrogeologically, and geographically feasible.
(b) Compliance with the enforcement limits
			 shall be maintained throughout the site from the uppermost level of the
			 saturated zone extending vertically to the lowest depth that could potentially
			 be affected by an activity.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-200 - Water quality standards for groundwaters of the state of Washington › Section 173-200-070 - Early warning value

Current through Register Vol. 24-14, July 15, 2024
(1)
			 The purpose of an early warning value is to provide early detection of
			 increasing contaminant concentrations that may approach or exceed enforcement
			 limits.
(2) Whenever an enforcement
			 limit is established above background groundwater quality, an early warning
			 value may be established, as appropriate.
(3) An early warning value shall be required
			 when an alternative point of compliance is established unless technical
			 constraints would prohibit establishment of an early warning value.
(4) An early warning value shall be
			 established as a percentage of the enforcement limit upon consideration by the
			 department of factors including, but not limited to, the following:
(a) The enforcement limit relative to
			 background groundwater quality;
(b)
			 The availability, reliability, and reasonableness of analytical
			 methods;
(c) The chemical,
			 physical, and biological characteristics of the contaminants;
(d) The reliability of all known, available,
			 and reasonable methods of prevention, control, and treatment;
(e) The anticipated increases in contaminant
			 levels at the point of compliance; and
(f) The potential harm to existing and future
			 beneficial uses.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-200 - Water quality standards for groundwaters of the state of Washington › Section 173-200-080 - Evaluation

Current through Register Vol. 24-14, July 15, 2024
(1) The purpose of
			 this section is to establish minimum requirements for evaluating the impacts of
			 an activity on the groundwater quality to determine compliance with this
			 chapter.
(2) If the department
			 determines a potential to pollute the groundwater exists, the department shall
			 request a permit holder or responsible person to prepare and submit for
			 departmental approval a groundwater quality evaluation program for its
			 activity. Each evaluation program shall be based on soil and hydrogeologic
			 characteristics and be capable of assessing impacts on groundwater at the point
			 of compliance.
(3) A groundwater
			 evaluation program approved by the department may include, but not be limited
			 to, any of the following:
(a) Groundwater
			 monitoring for a specific activity;
(b) Groundwater monitoring at selected sites
			 for a group of activities;
(c)
			 Monitoring of the vadose zone;
(d)
			 Evaluation and monitoring of effluent quality;
(e) Evaluation within a treatment
			 process;
(f) Evaluation of
			 management practices.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-200 - Water quality standards for groundwaters of the state of Washington › Section 173-200-090 - Special protection areas

Current through Register Vol. 24-14, July 15, 2024
(1)
			 The purpose of a special protection area is to identify and designate
			 groundwaters that require special consideration or increased protection because
			 of one or more unique characteristics.
(2) The unique characteristics of a special
			 protection area shall be considered by the department when regulating
			 activities, developing regulations, guidelines, and policies, and when
			 prioritizing department resources for groundwater quality protection
			 programs.
(3) The characteristics
			 to guide designation of a special protection area shall include, but not be
			 limited to, the following:
(a) Groundwaters
			 that support a beneficial use or an ecological system requiring more stringent
			 criteria than drinking water standards;
(b) Groundwaters, including, but not limited
			 to, recharge areas and wellhead protection areas, that are vulnerable to
			 pollution because of hydrogeologic characteristics; and
(c) Sole source aquifer status by federal
			 designation.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-200 - Water quality standards for groundwaters of the state of Washington › Section 173-200-100 - Implementation and enforcement

Current through Register Vol. 24-14, July 15, 2024
(1)
			 The requirements of this chapter shall be met for all groundwaters to meet the
			 requirements of this chapter at all places and at all times.
(2) No person shall engage in any activity
			 that violates or causes the violation of this chapter.
(3) This chapter shall be enforced through
			 all legal, equitable, and other methods available to the department including,
			 but not limited to: Issuance of state waste discharge permits, other
			 departmental permits, regulatory orders, court actions, review and approval of
			 plans and specifications, evaluation of compliance with all known, available,
			 and reasonable methods of prevention, control, and treatment of a waste prior
			 to discharge, and pursuit of memoranda of understanding between the department
			 and other regulatory agencies.
(4)
			 Permits issued or reissued by the department shall be conditioned in such a
			 manner as to authorize only activities that will not cause violations of this
			 chapter.
(a) Any applicant for any
			 departmental permit shall evaluate the potential impact of its proposed
			 activity on the groundwater quality.
(b) For reissued permits, the permit holder
			 shall evaluate the impacts of its activities on groundwater quality, and, if
			 necessary to achieve compliance with groundwater quality enforcement limits,
			 determine a department approved schedule of compliance.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-201A - Water quality standards for surface waters of the state of Washington › Part I - INTRODUCTION › Section 173-201A-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
(1) The purpose of
				this chapter is to establish water quality standards for surface waters of the
				state of Washington consistent with public health and public enjoyment of the
				waters and the propagation and protection of fish, shellfish, and wildlife,
				pursuant to the provisions of
				chapter
				90.48 RCW. All actions
				must comply with this chapter. As part of this chapter:
(a) All surface waters are protected by
				numeric and narrative criteria, designated uses, and an antidegradation
				policy.
(b) Based on the use
				designations, numeric and narrative criteria are assigned to a water body to
				protect the existing and designated uses.
(c) Where multiple criteria for the same
				water quality parameter are assigned to a water body to protect different uses,
				the most stringent criteria for each parameter is to be applied.