reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-27 - Shoreline management permit and enforcement procedures › Part II - SHORELINE MANAGEMENT ACT ENFORCEMEN › Section 173-27-260 - Policy

Current through Register Vol. 24-14, July 15, 2024
These regulations should be used by local government in
				  carrying out enforcement responsibilities under the act, unless local
				  government adopts separate rules to implement the act's enforcement
				  provision.
Enforcement action by the department or local government may
				  be taken whenever a person has violated any provision of the act or any master
				  program or other regulation promulgated under the act. The choice of
				  enforcement action and the severity of any penalty should be based on the
				  nature of the violation, the damage or risk to the public or to public
				  resources, and/or the existence or degree of bad faith of the persons subject
				  to the enforcement action.
Statutory Authority:
					 RCW
					 90.58.140(3) and
					 [90.58].200. 96-20-075 (Order 95-17), § 173-27-260, filed 9/30/96,
					 effective 10/31/96.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-27 - Shoreline management permit and enforcement procedures › Part II - SHORELINE MANAGEMENT ACT ENFORCEMEN › Section 173-27-270 - Order to cease and desist

Current through Register Vol. 24-14, July 15, 2024
Local government and/or the department shall have the
				  authority to serve upon a person a cease and desist order if an activity being
				  undertaken on shorelines of the state is in violation of
				  chapter
				  90.58 RCW or the local
				  master program.
(1) Content of order.
				The order shall set forth and contain:
(a) A
				description of the specific nature, extent, and time of violation and the
				damage or potential damage; and
(b)
				A notice that the violation or the potential violation cease and desist or, in
				appropriate cases, the specific corrective action to be taken within a given
				time. A civil penalty under WAC
				173-27-280 may be issued with the
				order.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-27 - Shoreline management permit and enforcement procedures › Part II - SHORELINE MANAGEMENT ACT ENFORCEMEN › Section 173-27-280 - Civil penalty

Current through Register Vol. 24-14, July 15, 2024
(1) A person who
				fails to conform to the terms of a substantial development permit, conditional
				use permit or variance issued under
				RCW
				90.58.140, who undertakes a development or
				use on shorelines of the state without first obtaining a permit, or who fails
				to comply with a cease and desist order issued under these regulations may be
				subject to a civil penalty by local government. The department may impose a
				penalty jointly with local government, or alone only upon an additional finding
				that a person:
(a) Has previously been subject
				to an enforcement action for the same or similar type of violation of the same
				statute or rule; or
(b) Has been
				given previous notice of the same or similar type of violation of the same
				statute or rule; or
(c) The
				violation has a probability of placing a person in danger of death or bodily
				harm; or
(d) Has a probability of
				causing more than minor environmental harm; or
(e) Has a probability of causing physical
				damage to the property of another in an amount exceeding one thousand
				dollars.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-27 - Shoreline management permit and enforcement procedures › Part II - SHORELINE MANAGEMENT ACT ENFORCEMEN › Section 173-27-290 - Appeal of civil penalty

Current through Register Vol. 24-14, July 15, 2024
(1)
				Right of appeal. Persons incurring a penalty imposed by the department or
				imposed jointly by the department and local government may appeal the same to
				the shorelines hearings board. Appeals to the shorelines hearings board are
				adjudicatory proceedings subject to the provisions of
				chapter
				34.05 RCW. Persons
				incurring a penalty imposed by local government may appeal the same to the
				local government legislative authority.
(2) Timing of appeal. Appeals shall be filed
				within thirty days of the date of receipt of the penalty. The term "date of
				receipt" has the same meaning as provided in
				RCW
				43.21B.001.
(3) Penalties due.
(a) Penalties imposed under this section
				shall become due and payable thirty days after receipt of notice imposing the
				same unless application for remission or mitigation is made or an appeal is
				filed. Whenever an application for remission or mitigation is made, penalties
				shall become due and payable thirty days after receipt of local government's
				and/or the department's decision regarding the remission or mitigation.
				Whenever an appeal of a penalty is filed, the penalty shall become due and
				payable upon completion of all review proceedings and upon the issuance of a
				final decision confirming the penalty in whole or in part.
(b) If the amount of a penalty owed the
				department is not paid within thirty days after it becomes due and payable, the
				attorney general, upon request of the department, shall bring an action in the
				name of the state of Washington to recover such penalty. If the amount of a
				penalty owed local government is not paid within thirty days after it becomes
				due and payable, local government may take actions necessary to recover such
				penalty.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-27 - Shoreline management permit and enforcement procedures › Part II - SHORELINE MANAGEMENT ACT ENFORCEMEN › Section 173-27-300 - Criminal penalty

Current through Register Vol. 24-14, July 15, 2024
The procedures for criminal penalties shall be governed by
				  RCW
				  90.58.220.
Statutory Authority:
					 RCW
					 90.58.140(3) and
					 [90.58].200. 96-20-075 (Order 95-17), § 173-27-300, filed 9/30/96,
					 effective 10/31/96.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-27 - Shoreline management permit and enforcement procedures › Part II - SHORELINE MANAGEMENT ACT ENFORCEMEN › Section 173-27-310 - Oil or natural gas exploration - Penalty

Current through Register Vol. 24-14, July 15, 2024
Persons violating the provisions of
				  RCW
				  90.58.550 or chapter 173-15 WAC shall be
				  subject to a civil penalty issued by the department in an amount of up to five
				  thousand dollars a day. The procedures for oil or natural gas exploration
				  penalties shall be governed by
				  RCW
				  90.58.560.
Statutory Authority:
					 RCW
					 90.58.140(3) and
					 [90.58].200. 96-20-075 (Order 95-17), § 173-27-310, filed 9/30/96,
					 effective 10/31/96.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-27 - Shoreline management permit and enforcement procedures › Part II - SHORELINE MANAGEMENT ACT ENFORCEMEN › Section 173-27-990 - Appendix A

Current through Register Vol. 24-14, July 15, 2024
Appendix A
Shoreline Management Act
Permit Data Sheet and Transmittal Letter
From:
(local government)
To:
(appropriate Ecology office)
Date of Transmittal:
Date of Receipt:
(provided by Ecology)
Type of Permit:
(Indicate
								all that apply)
Substantial Development ; Conditional Use ;
								Variance ; Revision ; Other .
Local Government Decision
:
								Approval ; Conditional Approval ; Denial :
Applicant
								Information:
Applicant's
								Representative:
(if primary contact)
Name:
Name:
Address:
Address:
Phone(s):
Phone(s):
Is the applicant the property owner? yes no
Location of the Property
:
								(Section Township and Range to the nearest 1/4, 1/4 Section or latitude and
								longitude, and a street address where available)
Water Body Name:
Shoreline of Statewide
								Significance:
Yes No .
Environment
								Designation:
Description of the
								Project:
(Summary of the intended use or project purpose)
Notice of Application
								Date:
Final Decision
								Date:
By:
(Local Government Primary Contact on this
								Application)
Phone No:
Statutory Authority:
					 RCW
					 90.58.140(3) and
					 [90.58].200. 96-20-075 (Order 95-17), § 173-27-990, filed 9/30/96,
					 effective 10/31/96.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-40 - Pollution disclosure › Section 173-40-010 - Authority

Current through Register Vol. 24-14, July 15, 2024
This regulation is adopted pursuant to chapter 90.52 RCW, the
				Pollution Disclosure Act of 1971, and
				chapter
				43.21A
				RCW.
Order 72-26, § 173-40-010, filed
				  11/27/72.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-40 - Pollution disclosure › Section 173-40-020 - Purpose

Current through Register Vol. 24-14, July 15, 2024
Chapter 90.52 RCW requires the director of the department of
				ecology to adopt a critical materials registry and establish an annual
				reporting procedure for those operations which discharge wastes, other than
				sanitary sewage, into waters of the state and/or into the air of the
				state.
Order 72-26, § 173-40-020, filed
				  11/27/72.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-40 - Pollution disclosure › Section 173-40-030 - Definitions

Current through Register Vol. 24-14, July 15, 2024
As used herein "director" shall mean the director of the
				department of ecology. "Department" shall mean the department of ecology.
				Waters of the state shall include both surface and
				groundwaters.
Order 72-26, § 173-40-030, filed
				  11/27/72.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-40 - Pollution disclosure › Section 173-40-040 - Critical materials registry

Current through Register Vol. 24-14, July 15, 2024
The director, having consulted with a committee of
				environmental specialists as required by law, hereby designates the following
				materials as critical materials to be set forth in a critical materials
				registry filed at the department:
Asbestos
Arsenic, elemental and compounds of
Barium, soluble salts of
Beryllium, elemental and compounds of
Boron, elemental and compounds of
Cadmium, elemental and compounds of
Chlorinated hydrocarbons, compounds
Chlorine, elemental and compounds of
Chromium, soluble salts and all chromates
Copper, elemental and compounds of
Cyanides, compounds including the organic
							 nitriles
Fluorine, elemental and compounds of
Lead, elemental and compounds of
Mercury, elemental and compounds of
Nickel, soluble salts of
Organo phosphorus; insecticide, algaecide, and
							 slimecide compounds
Phenols and polychorinated biphenyls,
							 compounds
Selenium, elemental and compounds of
Silver, soluble salts of
Zinc, soluble salts of
Order 72-26, § 173-40-040, filed
				  11/27/72.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-40 - Pollution disclosure › Section 173-40-050 - Annual reports

Current through Register Vol. 24-14, July 15, 2024
Upon notification by the director of the department of ecology,
				commercial operations including industrial operations which discharge wastes,
				other than sanitary sewage, into waters of the state and/or into the air of the
				state, shall file annually, during the month of January, reports, on forms
				provided by the department. The information required shall pertain to those
				materials set forth in WAC
				173-40-040 above, which are in
				excess of the corresponding materials occurring in the intake source used by
				the operation. The information shall also include volumes of process and
				cooling water to be discharged into the water, air or into any sewer system.
				The information given is to be an estimate of the amount(s) of such materials
				to be discharged in the calendar year in which the report is being filed. The
				reports shall be postmarked no later than January 31 and be sent to:
Director
Department of Ecology
Olympia, Washington 98504
ATTN: POLLUTION DISCLOSURE
Order 72-26, § 173-40-050, filed
				  11/27/72.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-44 - Fees - Radioactive waste management facilities › Section 173-44-010 - Purpose and scope

Current through Register Vol. 24-14, July 15, 2024
The proper perpetual care and maintenance of radioactive waste
				management facilities is required to protect the public health, safety, and
				welfare. This chapter establishes the fees charged by the Washington state
				department of ecology for financing the necessary perpetual care and
				maintenance of radioactive waste management facilities. Promulgation of this
				regulation is further intended to satisfy the state's financial
				responsibilities to the United States government pursuant to the perpetual care
				agreement executed July 29, 1965.
Statutory Authority: 1983 1st ex.s. c 19 and
				  Title
				  43 RCW. 83-18-020 (Order DE
				  83-25), § 173-44-010, filed 8/30/83. Formerly WAC
				  173-16-010.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-44 - Fees - Radioactive waste management facilities › Section 173-44-020 - Authority

Current through Register Vol. 24-14, July 15, 2024
This chapter is promulgated by the state department of ecology
				pursuant to authority granted in
				RCW
				43.21F.045 and chapter 19, Laws of 1983 1st
				ex. sess.
Statutory Authority: 1983 1st ex.s. c 19 and
				  Title
				  43 RCW. 83-18-020 (Order DE
				  83-25), § 173-44-020, filed 8/30/83. Formerly WAC
				  173-16-020.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-44 - Fees - Radioactive waste management facilities › Section 173-44-030 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1) "Facility"
			 means any site, location, structure, or property used or to be used for the
			 storage, disposal, or burial of radioactive materials or waste, which lies
			 within the one hundred acre tract described in the perpetual care agreement
			 between the state of Washington and the United States government executed July
			 29, 1965.
(2) "Department" means
			 the Washington state department of ecology.
(3) "Perpetual care and maintenance" means
			 the activities necessary to stabilize and secure a closed facility during the
			 perpetual care period, including but not limited to: Trench stabilization;
			 upkeep of erosion control measures, fences, and warning signs; and sampling of
			 monitor wells.
(4) "Sublessee"
			 means a party to a sublease with the state of Washington for a portion of the
			 one thousand acres of land, as described in the state's lease with the United
			 States government executed September 10, 1964, lying within the Hanford
			 Reservation.
Statutory Authority: 1983 1st ex.s. c 19 and
				  Title
				  43 RCW. 83-18-020 (Order DE
				  83-25), § 173-44-030, filed 8/30/83. Formerly WAC
				  173-16-030.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-44 - Fees - Radioactive waste management facilities › Section 173-44-040 - Perpetual care and maintenance fee

Current through Register Vol. 24-14, July 15, 2024
(1) Any sublessee of the state who stores,
			 disposes, or buries radioactive materials or waste at a facility shall pay a
			 perpetual care and maintenance fee.
(2) The perpetual care and maintenance fee
			 shall be one dollar seventy-five cents per cubic foot of radioactive material
			 or waste buried or permanently stored at a facility.
Statutory Authority: 1983 1st ex.s. c 19 and
				  Title
				  43 RCW. 83-18-020 (Order DE
				  83-25), § 173-44-040, filed 8/30/83. Formerly WAC
				  173-16-040.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-44 - Fees - Radioactive waste management facilities › Section 173-44-050 - PCM fee - Method of payment

Current through Register Vol. 24-14, July 15, 2024
(1)
			 The perpetual care and maintenance fee shall be due on a quarterly basis for
			 the quarters ending January 15, April 15, July 15, and October 15. All
			 perpetual care and maintenance fee payments shall be paid within forty-five
			 days after the due date.
(2)
			 Perpetual care and maintenance payments shall be by check, draft, or money
			 order payable to the Washington state department of ecology.
Statutory Authority: 1983 1st ex.s. c 19 and
				  Title
				  43 RCW. 83-18-020 (Order DE
				  83-25), § 173-44-050, filed 8/30/83. Formerly WAC
				  173-16-050.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-44 - Fees - Radioactive waste management facilities › Section 173-44-060 - PCM fee - Disposition

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Upon receipt of perpetual care and maintenance fee payments, the department
			 shall transmit such payments to the state treasurer for deposit in the
			 perpetual maintenance account authorized by chapter 19, Laws of 1983 1st ex.
			 sess.
(2) Moneys in the perpetual
			 maintenance account shall be invested by the state investment board in the same
			 manner as other state moneys. Any interest accruing as a result of investment
			 shall accrue to the perpetual maintenance account.
(3) The department shall maintain a
			 segregated account of perpetual care and maintenance fee payments which are
			 deposited in the perpetual maintenance account.
(4) The department, in consultation with the
			 state radiation control agency, shall periodically evaluate the perpetual care
			 and maintenance fee to determine whether it will provide adequate financing to
			 assure perpetual care and maintenance of a closed facility. Any adjustments to
			 the fees shall be made by rule adopted pursuant to chapter 34.04 RCW.
Statutory Authority: 1983 1st ex.s. c 19 and
				  Title
				  43 RCW. 83-18-020 (Order DE
				  83-25), § 173-44-060, filed 8/30/83. Formerly WAC
				  173-16-060.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-44 - Fees - Radioactive waste management facilities › Section 173-44-070 - Severability

Current through Register Vol. 24-14, July 15, 2024
If any portion of this chapter or its application to any person
				or circumstance is held invalid, the remainder of this chapter, or the
				application of the provision to other persons or circumstances, shall not be
				affected.
Statutory Authority: 1983 1st ex.s. c 19 and
				  Title
				  43 RCW. 83-18-020 (Order DE
				  83-25), § 173-44-070, filed 8/30/83. Formerly WAC
				  173-16-070.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-50 - Accreditation of environmental laboratories › Section 173-50-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
Department of ecology, department of health, and other entities
				require persons and organizations submitting analytical data under the purview
				of their programs to use environmental laboratories which are accredited. The
				purpose of this chapter is to establish a state program for accreditation of
				environmental laboratories which conduct tests and submit data to the
				department of ecology, the department of health, and other entities which
				require the use of accredited laboratories. The accreditation program is
				designed to satisfy the intent of
				RCW
				43.21A.230 and
				43.21A.445.
Statutory Authority:
				  RCW
				  43.21A.230. 02-20-090 (Order 01-12), §
				  173-50-010, filed 10/1/02, effective 11/1/02; 89-10-001 and 90-07-017 (Order
				  89-1 and 89-1A), § 173-50-010, filed 4/20/89 and 3/13/90, effective
				  4/13/90.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-50 - Accreditation of environmental laboratories › Section 173-50-020 - Scope

Current through Register Vol. 24-14, July 15, 2024
(1) The Washington
			 state environmental laboratory accreditation program (WA ELAP) applies to
			 laboratories which conduct tests for or prepare analytical data for submittal
			 to any entity requiring the use of an accredited laboratory. This includes
			 laboratories that analyze drinking water.
(2) Accreditation in itself does not
			 authorize use of a specific method for any specific program or project. If such
			 authorization is not granted in documentation governing a program or project
			 within which samples are being analyzed, authorization should be obtained from
			 the laboratory's data user.
(3)
			 Accreditation does not guarantee validity of analytical data submitted by the
			 accredited laboratory but rather assures that the laboratory has demonstrated
			 its capability to reliably generate and report the analytical data (WAC
			 173-50-040, definition of
			 "accreditation").
Statutory Authority:
				  RCW
				  43.21A.230,
				  43.20.050 and 2009 c 564 §
				  301. 10-17-032 (Order 09-09), § 173-50-020, filed 8/9/10, effective
				  9/9/10. Statutory Authority:
				  RCW
				  43.21A.230. 02-20-090 (Order 01-12), §
				  173-50-020, filed 10/1/02, effective 11/1/02; 89-10-001 and 90-07-017 (Order
				  89-1 and 89-1A), § 173-50-020, filed 4/20/89 and 3/13/90, effective
				  4/13/90.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-50 - Accreditation of environmental laboratories › Section 173-50-030 - Objectives

Current through Register Vol. 24-14, July 15, 2024
Objectives of the WA ELAP are to:
Assure accredited laboratories have a demonstrated capability
				to accurately and defensibly analyze environmental samples;
Assist environmental laboratories in improving their quality
				assurance/quality control procedures; and
Foster cooperation between the state departments of ecology and
				health, local agencies, other users of environmental data, and operators of
				environmental laboratories.
Statutory Authority:
				  RCW
				  43.21A.230,
				  43.20.050 and 2009 c 564 §
				  301. 10-17-032 (Order 09-09), § 173-50-030, filed 8/9/10, effective
				  9/9/10. Statutory Authority:
				  RCW
				  43.21A.230. 02-20-090 (Order 01-12), §
				  173-50-030, filed 10/1/02, effective 11/1/02; 89-10-001 and 90-07-017 (Order
				  89-1 and 89-1A), § 173-50-030, filed 4/20/89 and 3/13/90, effective
				  4/13/90.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-50 - Accreditation of environmental laboratories › Section 173-50-050 - Responsibilities of the department

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 department maintains a procedural manual describing specifics of the
			 accreditation process. At a minimum, the procedural manual describes the
			 procedures for:
* Submitting an application and fee;
* Preparing a quality assurance manual;
* Performing proficiency testing;
* Conducting audits;
* Accrediting out-of-state laboratories;
* Granting, denying, suspending, and revoking accreditation;
				and
* Notifying laboratories and authorized government officials of
				accreditation actions.
The department will make the procedural manual available to all
				interested persons.
(2)
			 Department personnel assigned to assess the capability of drinking water
			 laboratories participating in the WA ELAP must meet the experience, education,
			 and training requirements established in the drinking water certification
			 manual.
Statutory Authority:
				  RCW
				  43.21A.230,
				  43.20.050 and 2009 c 564 §
				  301. 10-17-032 (Order 09-09), § 173-50-050, filed 8/9/10, effective
				  9/9/10. Statutory Authority:
				  RCW
				  43.21A.230. 02-20-090 (Order 01-12), §
				  173-50-050, filed 10/1/02, effective 11/1/02; 93-20-011 (Order 92-53), §
				  173-50-050, filed 9/22/93, effective 10/23/93; 90-21-090 (Order 90-21), §
				  173-50-050, filed 10/19/90, effective 11/19/90; 89-10-001 and 90-07-017 (Order
				  89-1 and 89-1A), § 173-50-050, filed 4/20/89 and 3/13/90, effective
				  4/13/90.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-50 - Accreditation of environmental laboratories › Section 173-50-060 - Responsibilities of environmental laboratories

Current through Register Vol. 24-14, July 15, 2024
(1) When applying for initial accreditation
			 (see WAC 173-50-130 for maintaining an
			 existing accreditation), managers of environmental laboratories must:
(a) Submit an environmental laboratory
			 accreditation application (WAC
			 173-50-063) and required fees
			 (WAC 173-50-190) to the
			 department;
(b) Submit a copy of
			 the laboratory's quality assurance manual (WAC
			 173-50-067);
(c) For laboratories seeking direct
			 accreditation from the department, SOP's for all methods for which the
			 laboratory is seeking accreditation must be submitted;
(d) Submit an initial set of satisfactory PT
			 sample results (WAC
			 173-50-070); and
(e) Undergo an audit (WAC
			 173-50-080).
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-50 - Accreditation of environmental laboratories › Section 173-50-061 - Required quality control practices

Current through Register Vol. 24-14, July 15, 2024
Laboratories must comply with the following quality control
				practices:
(1) Have a dedicated SOP
			 for each method listed on their current Washington scope of
			 accreditation.
(2) For parameters
			 where a multilevel calibration is necessary:
(a) A laboratory must not remove any
			 midpoints from a calibration curve with the exception of consecutive points at
			 either end of the curve. Exceptions can be made if a significant error's cause
			 can be clearly identified, the error is documented, and the calibration point
			 is excluded for all analytes contained in the calibration point.
(b) Each calibration point must have its
			 value recalculated against the calibration curve. Unless otherwise specified in
			 the method, each calibration point must have its percent error or relative
			 standard error meet the calibration verification acceptance limits from the
			 method; with the exception of calibration points at or below the LOQ, in which
			 case the limit is 50 - 150 percent error, or percent relative standard
			 error.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-50 - Accreditation of environmental laboratories › Section 173-50-063 - Application

Current through Register Vol. 24-14, July 15, 2024
(1) Through a
			 department environmental laboratory accreditation application, laboratory
			 managers:
(a) Request accreditation for
			 specific parameters;
(b) Calculate
			 fees due to the department; and
(c)
			 Provide evidence that sufficient and capable personnel and equipment are
			 available to successfully perform analytical methods as specified in the
			 application.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-50 - Accreditation of environmental laboratories › Section 173-50-067 - Quality assurance manual

Current through Register Vol. 24-14, July 15, 2024
(1) The lab
			 accreditation unit reviews and approves the laboratory's QA manual prior to the
			 initial audit. The QA manual submitted concurrently with a department
			 environmental laboratory accreditation application must be in detail and scope
			 commensurate with the size and mission of the laboratory. Guidelines for
			 contents of the QA manual are in the procedural manual.
(2) The QA manual must address QA and QC
			 requirements of applicable regulatory programs. For drinking water
			 laboratories, such requirements can be found in the drinking water
			 certification manual and/or approved method.
Statutory Authority:
				  RCW
				  43.21A.230,
				  43.20.050 and 2009 c 564 §
				  301. 10-17-032 (Order 09-09), § 173-50-067, filed 8/9/10, effective
				  9/9/10. Statutory Authority:
				  RCW
				  43.21A.230. 02-20-090 (Order 01-12), §
				  173-50-067, filed 10/1/02, effective
				  11/1/02.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-50 - Accreditation of environmental laboratories › Section 173-50-069 - Data and record traceability

Current through Register Vol. 24-14, July 15, 2024
(1) In order to
			 demonstrate data traceability, laboratories must:
(a) Be able to recreate final sample results
			 by means of records in entirety;
(b) Document proper storage of any chemical,
			 reagent, and/or media used by an analytical method;
(c) Document proper storage of samples and
			 samples extracts as required by the specific analytical method and/or
			 regulation;
(d) Document that all
			 temperature-based equipment such as a refrigerator, oven, or incubator is
			 within control. When electronic record keeping equipment is used, these records
			 must be appropriately monitored by lab personnel to verify that temperatures
			 meet relevant method and regulatory requirements;
(e) Keep a log for any and all instruments,
			 including documentation of installation, setup, maintenance, and removal from
			 service; and
(f) Document proper
			 preparation and QC of chemicals, reagents, and media used in support of the
			 analyses.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-50 - Accreditation of environmental laboratories › Section 173-50-070 - Proficiency testing (PT)

Current through Register Vol. 24-14, July 15, 2024
(1) The lab
			 accreditation unit advises applying laboratories of specific requirements for
			 participation in proficiency testing (PT) studies for applicable parameters.
			 Proficiency tests conducted under the provisions of other recognized programs
			 may be used to satisfy these requirements. The lab accreditation unit
			 determines the sufficiency of such proficiency tests.
(2) Accredited laboratories must analyze a
			 minimum of two PT samples per applicable parameters per year. After an
			 accredited laboratory submits two satisfactory PT sample results and no
			 unsatisfactory results in an accreditation year, the laboratory is required to
			 submit only one satisfactory PT sample result in subsequent accreditation
			 years. This applies as long as there are no intervening unsatisfactory PT
			 sample results. For bioassay parameters, only one acceptable PT sample is
			 required per parameter per year.
(3) The lab accreditation unit may require
			 the laboratory to submit raw data along with the report of analysis of PT
			 samples.
(4) The lab accreditation
			 unit may waive proficiency tests for certain parameters if PT samples are not
			 readily available or for other valid reasons.
(5) Applying laboratories are responsible for
			 obtaining PT samples from vendors approved by the lab accreditation unit. No
			 fee shall be charged to the department for the purchase or analysis of PT
			 samples.
(6) PTs must undergo the
			 identical preparation and analytical processes that are used for
			 samples.
(7) When two or more
			 approved PT providers make available a PT sample for a parameter in an
			 appropriate matrix, the laboratory must analyze and pass a PT to gain or
			 maintain accreditation, unless an exception is approved by the
			 department.
(8) Presence-absence
			 microbiology parameters must pass all 10 replicates in their PTs to be
			 considered acceptable.
Statutory Authority:
				  RCW
				  43.21A.230,
				  43.20.050 and 2009 c 564 §
				  301. 10-17-032 (Order 09-09), § 173-50-070, filed 8/9/10, effective
				  9/9/10. Statutory Authority:
				  RCW
				  43.21A.230. 02-20-090 (Order 01-12), §
				  173-50-070, filed 10/1/02, effective 11/1/02; 93-20-011 (Order 92-53), §
				  173-50-070, filed 9/22/93, effective 10/23/93; 90-21-090 (Order 90-21), §
				  173-50-070, filed 10/19/90, effective 11/19/90; 89-10-001 and 90-07-017 (Order
				  89-1 and 89-1A), § 173-50-070, filed 4/20/89 and 3/13/90, effective
				  4/13/90.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-50 - Accreditation of environmental laboratories › Section 173-50-080 - Audits

Current through Register Vol. 24-14, July 15, 2024
The laboratory must undergo an audit by the department, or
				their primary accreditation authority (in cases of third party recognition), to
				assess critical elements and areas of recommended practices. All directly
				accredited laboratories will be audited on a triennial basis. The laboratory
				must assist/accommodate department of ecology personnel during audits as
				required. The department will determine if the audit will be on-site.
(1)
Critical elements for
			 accreditation.
Elements of an environmental laboratory's operations
			 which are critical to the consistent generation of accurate and defensible data
			 are critical elements for accreditation. Critical elements are subject to
			 intense scrutiny throughout the accreditation process. The ecology accrediting
			 authority may deny, revoke, or suspend accreditation for deficiencies in
			 critical elements. Functional areas including critical elements are:
(a)
Analytical methods.
By
			 conducting audits the department determines if SOPs and other documentation of
			 analytical methods:
(i) Are present at the
			 laboratory;
(ii) Are approved for
			 regulatory use, if applicable;
(iii) Readily available to analysts;
			 and
(iv) Being implemented. If the
			 laboratory is using a locally developed method, the audit may include an
			 evaluation of the adequacy of that method.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-50 - Accreditation of environmental laboratories › Section 173-50-090 - Evaluation and issuance of certificate

Current through Register Vol. 24-14, July 15, 2024
(1) After preliminary requirements (WAC
			 173-50-060 through
			 173-50-080 ) have been met, the
			 lab accreditation unit submits a report to the affected laboratory concerning
			 the results of the overall accreditation process. The report may:
List findings;
Assess the importance of each finding; and
Make recommendations concerning actions necessary to assure
				resolution of problems.
(2)
			 After completing the accreditation review, the ecology accrediting authority
			 decides whether accreditation should be granted.
(a) If accreditation is warranted, the
			 department issues a certificate and accompanying scope of accreditation. The
			 certificate remains the property of the department and must be surrendered to
			 the department upon revocation or voluntary termination of accreditation
			 status.
(b) If accreditation is not
			 warranted, the department issues a report specifying areas of deficiency and
			 steps necessary to upgrade the laboratory to accredited status. In such cases,
			 the laboratory must provide documentation that the specified deficiencies have
			 been corrected. Based on such documentation the ecology accrediting authority
			 decides whether to grant or deny accreditation.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-50 - Accreditation of environmental laboratories › Section 173-50-100 - Interim accreditation

Current through Register Vol. 24-14, July 15, 2024
(1) If the
			 department is unable to complete the accreditation process through no fault of
			 the laboratory, the ecology accrediting authority may grant interim
			 accreditation. To be considered for interim accreditation, the laboratory must:
(a) Submit an application and applicable
			 fees;
(b) Successfully complete
			 applicable proficiency tests; and
(c) Submit a QA manual and applicable SOP's
			 that meet the requirements of WAC
			 173-050-067.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-50 - Accreditation of environmental laboratories › Section 173-50-110 - Provisional accreditation

Current through Register Vol. 24-14, July 15, 2024
(1) The ecology
			 accrediting authority may grant provisional accreditation to laboratories which
			 can consistently produce valid analytical data but have deficiencies requiring
			 corrective action. When the laboratory has corrected such deficiencies, it must
			 provide evidence of correction to the lab accreditation unit, or request a
			 follow-up audit, as appropriate. If the lab accreditation unit determines the
			 deficiencies have been corrected, the ecology accrediting authority awards full
			 accreditation as in WAC
			 173-50-090.
(2) The ecology accrediting authority may
			 renew a provisional accreditation for a subsequent accreditation period if
			 laboratory management has demonstrated that all reasonable measures to correct
			 deficiencies have been exhausted.
(3) For drinking water laboratories, specific
			 conditions warranting provisional accreditation and specific actions required
			 of the laboratory when provisional accreditation is granted are found in the
			 drinking water certification manual.
Statutory Authority:
				  RCW
				  43.21A.230,
				  43.20.050 and 2009 c 564 §
				  301. 10-17-032 (Order 09-09), § 173-50-110, filed 8/9/10, effective
				  9/9/10. Statutory Authority:
				  RCW
				  43.21A.230. 02-20-090 (Order 01-12), §
				  173-50-110, filed 10/1/02, effective 11/1/02; 90-21-090 (Order 90-21), §
				  173-50-110, filed 10/19/90, effective 11/19/90; 89-10-001 and 90-07-017 (Order
				  89-1 and 89-1A), § 173-50-110, filed 4/20/89 and 3/13/90, effective
				  4/13/90.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-50 - Accreditation of environmental laboratories › Section 173-50-120 - Accreditation categories

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Environmental laboratories are accredited within one or more of the matrix
			 groups defined in WAC
			 173-50-040. Within each matrix
			 group, accreditation is granted within the following broad categories:
General chemistry;
Trace metals;
Organics I;
Organics II (Category II methods use mass spectrometer
				detectors);
Microbiology;
Radiochemistry;
Bioassay;
Immunoassay; and
Physical.
Within these categories, laboratories are specifically
				accredited for well-defined parameters, such as, but not limited to, those
				suggested in the procedural manual, using specific analytical methods or
				sampling techniques chosen by the applying laboratory.
(2) The scope of accreditation accompanying
			 the accreditation certificate indicates the parameters for which the laboratory
			 is accredited, and any applicable qualifications, such as interim or
			 provisional accreditation.
(3) The
			 scope of accreditation also indicates the matrix groups within which each
			 parameter applies. Those matrix groups may include, but are not limited to:
Nonpotable water;
Drinking water;
Solid and chemical materials; and
Air and emissions.
Statutory Authority:
				  RCW
				  43.21A.230,
				  43.20.050 and 2009 c 564 §
				  301. 10-17-032 (Order 09-09), § 173-50-120, filed 8/9/10, effective
				  9/9/10. Statutory Authority:
				  RCW
				  43.21A.230. 02-20-090 (Order 01-12), §
				  173-50-120, filed 10/1/02, effective 11/1/02; 93-20-011 (Order 92-53), §
				  173-50-120, filed 9/22/93, effective 10/23/93; 90-21-090 (Order 90-21), §
				  173-50-120, filed 10/19/90, effective 11/19/90; 89-10-001 and 90-07-017 (Order
				  89-1 and 89-1A), § 173-50-120, filed 4/20/89 and 3/13/90, effective
				  4/13/90.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-50 - Accreditation of environmental laboratories › Section 173-50-130 - Requirements for maintaining accreditation status

Current through Register Vol. 24-14, July 15, 2024
(1) Accreditation
			 is granted for a one-year period (the accreditation year) and expires one year
			 after the effective date of accreditation.
(2) Renewal requires the laboratory to
			 submit:
(a) An application and appropriate
			 fees;
(b) An update of the
			 laboratory's QA manual if applicable;
(c) Evidence of accreditation by a third
			 party when appropriate;
(d)
			 Successful completion of proficiency testing requirements; and
(e) Any other documents specifically
			 requested by the department needed to renew accreditation.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-50 - Accreditation of environmental laboratories › Section 173-50-140 - Denying accreditation

Current through Register Vol. 24-14, July 15, 2024
(1) The ecology
			 accrediting authority may deny accreditation if the applicant laboratory:
(a) Fails to comply with standards for
			 critical elements of the audit;
(b)
			 Misrepresents itself to the department;
(c) Fails to disclose pertinent information
			 in their environmental laboratory accreditation application;
(d) Falsifies reports of analysis including
			 proficiency testing results;
(e)
			 Engages in unethical or fraudulent practices concerning generation of
			 analytical data;
(f) Is deficient
			 in its ability to provide accurate and defensible analytical data; or
(g) Fails to render applicable
			 fees.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-50 - Accreditation of environmental laboratories › Section 173-50-150 - Revoking or suspending accreditation

Current through Register Vol. 24-14, July 15, 2024
(1) Revocation of
			 accreditation is the department's withdrawal of a previously granted
			 accreditation. Revocation may involve the entire laboratory or one or more
			 individual parameters.
(2)
			 Suspension of accreditation is for a specified period during which the affected
			 laboratory corrects deficiencies that led to the suspension. Suspension may
			 involve the entire laboratory, or one or more individual parameters.
(3) The ecology accrediting authority may
			 suspend or revoke accreditation if the accredited laboratory:
(a) Fails to comply with standards for
			 critical elements of an audit;
(b)
			 Violates a state rule and/or federal law relative to the analytical procedures
			 for which it is accredited;
(c)
			 Misrepresents itself to the department;
(d) Falsifies reports of analysis including
			 proficiency testing results;
(e)
			 Engages in unethical or fraudulent practices concerning generation of
			 analytical data;
(f) Is deficient
			 in its ability to provide accurate and defensible analytical data;
(g) Refuses to permit entry for enforcement
			 purposes (WAC
			 173-50-210);
(h) Fails to render applicable
			 fees;
(i) Fails to maintain
			 third-party accreditation; or
(j)
			 Reports two consecutive unsatisfactory PT sample results.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-50 - Accreditation of environmental laboratories › Section 173-50-170 - Third-party accreditation

Current through Register Vol. 24-14, July 15, 2024
(1) The department
			 may recognize accreditation (or certification, registration, licen-sure,
			 approval) of a laboratory by a third party when the accreditation process is
			 determined to be equivalent to that described in this chapter.
(2) Laboratories applying for recognition of
			 a third party's accreditation submit:
(a) An
			 application and associated fee (WAC
			 173-50-190(7));
(b) A copy of the third party's
			 certificate;
(c) A copy of the
			 third party's scope of accreditation;
(d) A copy of the third party's most recent
			 audit report;
(e) A copy of the
			 laboratory's corrective action report relative to the audit, if applicable;
			 and
(f) Recent, satisfactory
			 proficiency test results for the applicable parameters.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-50 - Accreditation of environmental laboratories › Section 173-50-190 - Fee structure

Current through Register Vol. 24-14, July 15, 2024
(1) Fees in this
			 chapter are in U.S. dollars and are established to cover costs of administering
			 the WA ELAP. The department shall assess fees for each parameter or method
			 within each matrix, except as noted in subsection (3) of this section.
			 Laboratories are charged using the fee structure of the fiscal year covering
			 the effective date the department issues a determination on a laboratory's
			 accreditation application, renewal of its accreditation, or a revision of a
			 laboratory's scope of accreditation. The fee schedule per parameter or method
			 for each category are identified in:
(a) Table
			 1 - Fee schedule through June 30, 2024.
(b) Table 2 - Fee schedule from July 1, 2024,
			 through June 30, 2025.
(c) Table 3
			 - Fee schedule from July 1, 2025, through June 30, 2026.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-50 - Accreditation of environmental laboratories › Section 173-50-200 - Appeals

Current through Register Vol. 24-14, July 15, 2024
An environmental laboratory manager may appeal final
				accreditation actions within thirty days of notification of final action in
				accordance with chapter 43.21B RCW.
Statutory Authority:
				  RCW
				  43.21A.230. 02-20-090 (Order 01-12), §
				  173-50-200, filed 10/1/02, effective 11/1/02; 93-20-011 (Order 92-53), §
				  173-50-200, filed 9/22/93, effective 10/23/93; 90-21-090 (Order 90-21), §
				  173-50-200, filed 10/19/90, effective 11/19/90; 89-10-001 and 90-07-017 (Order
				  89-1 and 89-1A), § 173-50-200, filed 4/20/89 and 3/13/90, effective
				  4/13/90.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-50 - Accreditation of environmental laboratories › Section 173-50-210 - Compliance inspections and access

Current through Register Vol. 24-14, July 15, 2024
(1) For
			 the purpose of conducting audits or inspections to ensure compliance with this
			 chapter, the department may, during regular business hours, enter business
			 premises in which analytical data pertaining to accreditation under the
			 provisions of this chapter are generated or stored.
(2) Refusal to permit entry for such purposes
			 may result in denial or revocation of accreditation.
Statutory Authority:
				  RCW
				  43.21A.230,
				  43.20.050 and 2009 c 564 §
				  301. 10-17-032 (Order 09-09), § 173-50-210, filed 8/9/10, effective
				  9/9/10. Statutory Authority:
				  RCW
				  43.21A.230. 02-20-090 (Order 01-12), §
				  173-50-210, filed 10/1/02, effective 11/1/02; 90-21-090 (Order 90-21), §
				  173-50-210, filed 10/19/90, effective 11/19/90; 89-10-001 and 90-07-017 (Order
				  89-1 and 89-1A), § 173-50-210, filed 4/20/89 and 3/13/90, effective
				  4/13/90.