reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-205 - Whole effluent toxicity testing and limits › Section 173-205-090 - Response to noncompliance with whole effluent toxicity limits

Current through Register Vol. 24-14, July 15, 2024
(1) If a toxicity
			 test result fails the compliance test described in WAC
			 173-205-070, then the permittee
			 shall take a new sample as soon as possible for retesting and begin additional
			 monitoring unless the permittee chooses the option in subsection (4) of this
			 section.
(a) If the noncompliance was with an
			 acute toxicity limit, the additional monitoring shall be conducted weekly for
			 four weeks using the same toxicity test as in the failed compliance test or
			 shall be conducted on the next four discharge events in the case of an
			 intermittent discharge.
(b) If the
			 noncompliance was with a chronic toxicity limit, the additional monitoring
			 shall be conducted monthly for three months using the same toxicity test as in
			 the failed compliance test or shall be conducted on the next three discharge
			 events in the case of an intermittent discharge.
(c) This additional monitoring shall be
			 conducted the same as in effluent characterization and shall determine the
			 LC50, IC50, or
			 EC50, as appropriate, and measure compliance with the
			 permit limit.
(d) If the permittee
			 believes that the compliance test failure will be identified by the department
			 as an anomalous test result in accordance with WAC
			 173-205-070(5)(c),
			 the permittee may send the department notification with the compliance test
			 result that the compliance test result might be anomalous and that the
			 permittee intends to take only one additional sample for toxicity testing and
			 wait for notification from the department before completing the additional
			 monitoring required in this subsection.
(i)
			 The notification must identify the reason for considering the compliance test
			 result to be anomalous.
(ii) The
			 permittee shall take the additional sample and retest as soon as possible after
			 receiving the compliance test result.
(iii) The additional test result shall
			 replace the compliance test result upon determination by the department that
			 the compliance test result was anomalous.
(iv) The permittee shall complete all of the
			 additional monitoring required by this subsection as soon as possible after
			 notification by the department that the compliance test result was not
			 anomalous.
(v) If the additional
			 sample fails the compliance test, then the permittee shall proceed without
			 delay to complete all of the additional monitoring required by this
			 subsection.
(e) The
			 department may determine any compliance test result to be anomalous regardless
			 of whether it was accompanied by permittee notification that it may be
			 anomalous.
(f) The department may
			 notify a permittee to take another sample for toxicity testing because a
			 compliance test result was anomalous and could not be used to determine
			 compliance in accordance with this section.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-205 - Whole effluent toxicity testing and limits › Section 173-205-100 - Toxicity identification/reduction evaluations

Current through Register Vol. 24-14, July 15, 2024
(1) If only the routine compliance monitoring
			 toxicity test which initiated the additional monitoring described in WAC
			 173-205-090 fails the compliance
			 test, then the toxicity can be considered as transient and the discharger
			 shall:
(a) Search all recent facility records
			 which might explain the transient toxicity (operating records, monitoring
			 results, inspection records, spill reports, weather records, production
			 records, etc.); and
(b) Submit a
			 report to the department on the possible causes and preventive measures for the
			 transient toxicity within thirty days of the last additional sample.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-205 - Whole effluent toxicity testing and limits › Section 173-205-110 - Interruption of a toxicity identification/reduction evaluation

Current through Register Vol. 24-14, July 15, 2024
(1) If, in
			 performing a toxicity identification/reduction evaluation, four consecutive
			 acute or chronic toxicity samples taken over at least one month are not
			 sufficiently toxic to perform the toxicity identification/reduction evaluation,
			 then the department may approve the interruption of the toxicity
			 identification/reduction evaluation and require that:
(a) The permittee returns to the monitoring
			 frequency specified in the permit.
(b) Sufficient sample volume be taken each
			 time to allow the lab to perform both a toxicity test and begin a toxicity
			 identification/reduction evaluation.
(c) The extra sample shall be stored at four
			 degrees Celsius in the dark while the toxicity test is being
			 performed.
(d) A toxicity
			 identification/reduction evaluation shall begin as soon as the whole effluent
			 toxicity test demonstrates noncompliance with the limit.
(e) Samples may be discarded from storage
			 after completion of the toxicity test if the whole effluent toxicity limit was
			 not violated.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-205 - Whole effluent toxicity testing and limits › Section 173-205-120 - Permit limit removed for attainment of a whole effluent toxicity performance standard

Current through Register Vol. 24-14, July 15, 2024
(1) Whole
			 effluent toxicity limits assigned pursuant to WAC
			 173-205-050(2) are eligible for removal upon permit renewal if:
(a) The permittee has demonstrated compliance
			 with the whole effluent toxicity performance standard associated with that
			 limit for a minimum of three consecutive test years following effluent
			 characterization or for an entire subsequent permit term; and
(b) The permittee has not made any changes
			 within the last three years which would otherwise require additional effluent
			 characterization pursuant to WAC
			 173-205-060.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-205 - Whole effluent toxicity testing and limits › Section 173-205-130 - Performance-based limits for acute whole effluent toxicity

Current through Register Vol. 24-14, July 15, 2024
(1) In accordance with
			 RCW
			    90.48.520 and  40 C.F.R. 122.44(e), the
			 department shall evaluate all applications for an NPDES permit to determine
			 whether the applicant is applying all known, available, and reasonable methods
			 of prevention, control, and treatment of toxicants.
(2) The department may place the whole
			 effluent toxicity performance standard for acute toxicity into permits as a
			 limit on a case-by-case basis pursuant to  40 C.F.R. §
									125.3(d)(3).
(a) In determining compliance with an acute
			 whole effluent toxicity limit based on the performance standard, a minimum of
			 three toxicity tests shall be used in calculating the median.
(b) For the first two toxicity tests
			 conducted to determine compliance with the performance standard-based acute
			 whole effluent toxicity limit, compliance shall be determined as a minimum of
			 sixty-five percent survival in one hundred percent effluent.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-208 - Grant of authority sewerage systems › Section 173-208-010 - Authority

Current through Register Vol. 24-14, July 15, 2024
RCW    90.48.165 empowers the
				department of ecology, as successor to the water pollution control commission
				to grant to any city, town, or municipal corporation operating a sewerage
				system including treatment facilities the authority to issue permits for the
				discharge of wastes into such system, provided that the department finds to its
				satisfaction that the sewerage system and inspection and control program
				operated and conducted by the city, town, or municipal corporation will protect
				the public interest in the quality of the state's water as provided in the
				Water Pollution Control Act,
				chapter
				90.48 RCW. Permits for the
				discharge of wastes into publicly operated sewerage systems are required for
				commercial or industrial operations by virtue of
				RCW
				   90.48.160.
Order DE 75-10, § 173-208-010, filed
				  4/30/75.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-208 - Grant of authority sewerage systems › Section 173-208-020 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to set forth the procedures and
				criteria for the granting of authority for the administration of the permit
				program of
				RCW
				   90.48.160 as it pertains to waste discharges
				into publicly operated sewerage systems to the governing bodies of cities,
				towns, and municipal corporations operating such sewerage systems and receiving
				into them industrial and commercial wastes as hereinafter
				defined.
Order DE 75-10, § 173-208-020, filed
				  4/30/75.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-208 - Grant of authority sewerage systems › Section 173-208-030 - Declaration of policy

Current through Register Vol. 24-14, July 15, 2024
(1)
			 The department encourages qualified cities, towns, and other municipal
			 corporations to apply for a grant of authority to conduct and operate a permit
			 system for the regulation of commercial and industrial waste discharges into
			 their sewerage systems in accordance with
			 RCW
			    90.48.165.
(2) The department is committed to the policy
			 of maintaining the highest possible standards of water quality within the state
			 in compliance with the basic aims expressed in
			 RCW
			    90.48.010 and national policies and goals
			 expressed by the Federal Water Pollution Control Act Amendments of 1972,
			 (FWPCAA). The implementation of a permit issuance program by any city, town, or
			 municipal corporation shall be continuously evaluated by the department for
			 compliance with these policies, aims, and goals.
(3) In compliance with the requirements of
			 the National Pollutant Discharge Elimination System (NPDES), as provided for in
			 the FWPCAA, the department shall maintain its enforcement of compliance of
			 effluent limitation standards upon publicly owned or operated treatment works
			 under their NPDES permits. Under such permit, any municipality granted
			 authority hereunder to administer a permit program as hereinafter defined shall
			 continue to be primarily responsible for its effluent quality according to the
			 terms of such NPDES permit.
Order DE 75-10, § 173-208-030, filed
				  4/30/75.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-208 - Grant of authority sewerage systems › Section 173-208-040 - Definitions

Current through Register Vol. 24-14, July 15, 2024
As used in this chapter:
(1) "Applicant" shall mean that municipality
			 applying to the department for authority to administer the permit program
			 pursuant to
			 RCW
			    90.48.165.
(2) "Application for authorization" shall
			 mean that application submitted by a municipality seeking permit-issuing
			 authority pursuant to
			 RCW
			    90.48.165.
(3) "Application to discharge" shall mean
			 that information required from a discharger in acquiring a permit to discharge
			 commercial and industrial wastes into a municipal sewerage system.
(4) "Commercial and industrial wastes" shall
			 mean the wastes, whether solid or liquid, from any commercial or industrial
			 operation, other than domestic sewage.
(5) "Department" shall mean the department of
			 ecology.
(6) "Discharge" shall mean
			 any commercial or industrial operation which results in the disposal of solid
			 or liquid waste material into a sewerage system operated by a municipality
			 which discharges into the public waters of the state.
(7) "Enforcement action" shall mean any
			 administrative or judicial action initiated to achieve compliance with the
			 conditions of a discharge permit, regulations of the department, and water
			 pollution control laws of this state or of the federal government.
(8) "Municipality" shall mean any city, town,
			 or municipal corporation established according to the applicable laws of this
			 state.
(9) "Permit" shall mean the
			 official authorization to dispose of commercial and industrial wastes into
			 waters, to include all regulatory constraints and conditions described therein,
			 issued to a discharger.
(10)
			 "Permit program" shall mean the process of granting or denying by
			 municipalities, authorized as herein provided, of approval of applications to
			 discharge into the sewerage system of such municipalities, the monitoring and
			 inspection of dischargers, and the taking of appropriate enforcement
			 action.
(11) "Sewerage system"
			 shall mean any system operated by a municipality for the collection, transfer,
			 treatment, and disposal of sewage.
Order DE 75-10, § 173-208-040, filed
				  4/30/75.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-208 - Grant of authority sewerage systems › Section 173-208-050 - Applications for authorization

Current through Register Vol. 24-14, July 15, 2024
No particular form shall be required for an application for
				authorization. No such decision shall be made on any such application, however,
				unless the applicant supplies to the department:
(1) A request from the municipality seeking
			 authority to conduct a permit program for the discharge of commercial and
			 industrial wastes into its sewerage system in accordance with state and federal
			 water pollution control laws, regulations, and policies as now exist or are
			 hereafter amended.
(2) A listing of
			 all self-monitoring and reporting procedures to be required, and inspection and
			 other regulatory control criteria and procedures applicant intends to use in
			 administering the permit program.
(3) An estimate of the financial resources
			 the applicant will commit to the permit program on an annual basis and the
			 sources of funding therefor.
(4) A
			 commitment showing the number of personnel who will be assigned to the permit
			 program, either on a full-time or part-time basis, broken down by person-years
			 or person-hours or other appropriate measure of personnel usage, and assurances
			 that such personnel commitment is or will be adequately funded.
(5) An assurance that the background,
			 experience and continuing training of personnel to be assigned to the permit
			 program will be sufficient to achieve and maintain the goals and policies of
			 state and federal water pollution control acts.
(6) A copy of the actual or proposed
			 municipal ordinance or resolution intended for use in establishing and
			 conducting the proposed waste discharge permit system.
(7) An outline of the procedures to be used
			 in processing individual permit applications.
(8) Copies of the application for permit and
			 of the proposed permit format.
(9)
			 A description of enforcement procedures to be followed.
(10) A list of all potential dischargers into
			 the sewerage system which will require permits pursuant to any delegation
			 hereunder.
(11) If the applicant is
			 the recipient of a federal grant for any phase of treatment works construction
			 to be utilized by the discharger, it shall demonstrate to the department that
			 it has adopted a system of charges to assure that each discharger shall pay a
			 proportionate share of the costs of operation and maintenance of any waste
			 treatment services provided by the applicant, and further demonstrate that it
			 has made provision for the payment to the applicant by dischargers of that
			 portion of the cost of construction of such treatment works which is allocable
			 to the treatment of commercial and industrial wastes to the extent attributable
			 to the federal share of the cost of construction.
(12) Any additional information required by
			 the department.
Order DE 75-10, § 173-208-050, filed
				  4/30/75.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-208 - Grant of authority sewerage systems › Section 173-208-060 - Delegation procedure

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Upon receipt of any application for authorization, the department shall review
			 such application, and if necessary, require additional information to make a
			 determination thereon.
(2) Upon
			 notification by the department that all information required by it has been
			 received, the applicant shall twice publish notice of the application for
			 authorization in a newspaper of general circulation in the area to which the
			 request relates, providing thirty days for written comments on the request to
			 be received by the department. Such notice shall be in a form provided by the
			 department. In addition to such publication, a copy of such notice shall be
			 mailed by the applicant to the governing body of each sewer district and of
			 general purpose government, all or a portion of which lies within the
			 jurisdictional boundaries to which the request relates.
(3) After review of the completed application
			 and of comments timely received in response to the notice provided for above,
			 the department shall either deny the request, giving its reasons therefor, find
			 that there is sufficient public interest to warrant holding a public hearing on
			 the application, or issue an order approving the same in whole or in
			 part.
(4) If a public hearing is
			 held upon proper notice, the department shall afford interested parties the
			 opportunity to present their views on the application, and, upon review of all
			 information gathered, shall either deny the application or issue an order
			 approving the same.
(5) Any
			 approval order issued by the department hereunder shall contain conditions and
			 restrictions relative to the administration of the permit program and shall be
			 binding upon the municipality so long as such approval remains in effect. Said
			 approval order may subsequently be altered or amended in whole or in part to
			 reflect changes in applicable laws, regulations, or policies relating to water
			 pollution control. The department shall give the municipality thirty days
			 notice of any contemplated amendments, unless an emergency precludes the giving
			 of such notice, and will invite comments from the municipality.
Order DE 75-10, § 173-208-060, filed
				  4/30/75.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-208 - Grant of authority sewerage systems › Section 173-208-070 - Scope of authorization

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Authority granted hereunder shall be limited to the administration of the
			 permit program within applicant's jurisdictional boundaries as now existing or
			 as hereafter changed.
(2) Grants of
			 authority to municipalities hereunder shall be limited to the conduct of a
			 permit program for the discharge of commercial and industrial wastes into a
			 sewerage system and shall confer no authority to issue permits for the
			 discharge of such wastes into surface or groundwaters of the state.
			 Administration of permit requirements for waste discharges other than
			 commercial and industrial wastes entering a sewerage system, shall remain
			 solely with the department.
(3) No
			 authorization made hereunder shall be construed as limiting or abridging the
			 powers or abrogating the duties required of the department. The department may
			 initiate appropriate enforcement action against a municipality to whom
			 authority has been granted hereunder, or against any discharger for violations
			 of any requirements of
			 chapter
			 90.48 RCW, the FWPCAA, or
			 regulations thereunder.
Order DE 75-10, § 173-208-070, filed
				  4/30/75.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-208 - Grant of authority sewerage systems › Section 173-208-080 - Permits under authorized programs

Current through Register Vol. 24-14, July 15, 2024
Any municipality to which permit authority has been granted
				hereunder may use its own application and permit forms when the same have been
				approved by the department.
Order DE 75-10, § 173-208-080, filed
				  4/30/75.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-208 - Grant of authority sewerage systems › Section 173-208-090 - Conformity with department rules

Current through Register Vol. 24-14, July 15, 2024
(1) It is contemplated that various
			 applicants may present to the department differing regulatory criteria designed
			 to cope with particular local needs and conditions. For the purposes of
			 determining whether an applicant intends to administer the permit program in
			 accordance with applicable state and federal laws, regulations, and policies,
			 the department shall evaluate proposed regulatory criteria on the basis of
			 whether such criteria, if implemented, would be at least as stringent as state
			 or federal requirements.
(2) All
			 implementing ordinances or resolutions shall contain a proviso requiring that
			 the permit program as administered by any municipality be revised, as necessary
			 and to the satisfaction of the department, to conform with any changes in
			 applicable rules and regulations which may be adopted by the department or the
			 federal government subsequent to the effective date of the grant of authority.
			 All amendments of implementing ordinances or resolutions shall be submitted to
			 the department for approval prior to passage.
(3) Any municipality granted authority
			 hereunder to administer a permit program shall adhere to, as a minimum
			 requirement for commercial and industrial dischargers, the state or federal
			 pretreatment standards and regulations, as now exist or are hereafter amended.
			 If necessary to impose more stringent standards in order to meet the effluent
			 limitations contained in its National Pollutant Discharge Elimination System
			 (NPDES) permit, the municipality shall impose and enforce such stricter
			 pretreatment requirements as necessary to meet these limitations pursuant to
			 the authority preserved to the state by section 510 of the FWPCAA.
(4) Nothing in this grant of authority shall
			 relieve the municipality of its obligation of compliance with the terms and
			 conditions of its NPDES permit or the requirements of state and federal laws
			 and rules pertaining to water pollution control.
Order DE 75-10, § 173-208-090, filed
				  4/30/75.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-208 - Grant of authority sewerage systems › Section 173-208-100 - Withdrawal of authorization

Current through Register Vol. 24-14, July 15, 2024
Whenever the department shall determine that a municipality to
				which a grant of authority has been made hereunder is not administering the
				permit system in accordance with an approval order issued hereunder, state
				and/or federal water pollution control acts and regulations or the applicable
				implementing ordinance or resolution of the municipality, the department shall
				notify such local government and, if corrective action is not taken within a
				reasonable time, not to exceed sixty days, the department by order, shall
				withdraw the authority. Permits issued under this program shall automatically
				terminate if the authority to issue the same is revoked by the department and
				the provisions of
				RCW
				   90.48.160 shall apply.
Order DE 75-10, § 173-208-100, filed
				  4/30/75.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-208 - Grant of authority sewerage systems › Section 173-208-110 - Requirement of program review

Current through Register Vol. 24-14, July 15, 2024
It is the objective of the department to place reliance for
				internal system controls upon any municipality granted authority hereunder and
				to avoid complex procedures for the measuring and evaluating the effectiveness
				of a municipal permit system, insofar as is consistent with statutory
				responsibilities of the department under the provisions of
				chapter
				90.48 RCW. A program
				review shall be necessary, however, to fulfill those responsibilities and shall
				be accomplished through the following actions:
(1) The municipality shall immediately
			 provide the department with a copy of each application for discharge, together
			 with a copy of each permit issued thereupon, or notice of denial
			 thereof.
(2) The municipality will
			 devise and submit a quarterly written report to the department within thirty
			 days after the end of each calendar year quarter to reflect the following:
(a) A listing of all permits issued by the
			 municipality during the previous quarter.
(b) A report on the status of compliance by
			 dischargers having permits that incorporate compliance schedules.
(c) A brief narrative covering violations and
			 enforcement actions, if any, occurring during the reporting period, to include
			 specifics as to cause and effect of the violation and preventative measures
			 taken.
(d) Maintain copies of
			 monitoring reports submitted by all permit holders for purposes of inspection
			 by department personnel.
(e)
			 Identification of problem areas or potential problem areas which may be
			 resolved with the assistance of the department.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-208 - Grant of authority sewerage systems › Section 173-208-120 - Appeal

Current through Register Vol. 24-14, July 15, 2024
Any person aggrieved by a final ruling by a municipality upon
				an application for a permit or violations of the same under a delegated program
				may obtain review thereof by filing an appeal, within thirty days, with the
				pollution control hearings board, pursuant to chapter 43.21B RCW and chapter
				371-08 WAC. The defense of any such appeal shall be the responsibility of the
				municipality.
Order DE 75-10, § 173-208-120, filed
				  4/30/75.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-216 - State waste discharge permit program › Section 173-216-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
(1) The purpose of
			 this chapter is to implement a state permit program, applicable to the
			 discharge of waste materials from industrial, commercial, and municipal
			 operations into ground and surface waters of the state and into municipal
			 sewerage systems. However, this regulation does not apply to the following:
(a) The point source discharge of pollutants
			 into navigable waters of the state which are regulated by the National
			 Pollutant Discharge Elimination System (NPDES) Permit Program, chapter 173-220
			 WAC.
(b) The discharge of
			 pollutants into waters of the state which are regulated by the Waste discharge
			 general permit program, chapter 173-226 WAC.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-216 - State waste discharge permit program › Section 173-216-020 - Policy enunciated

Current through Register Vol. 24-14, July 15, 2024
(1) It
			 shall be the policy of the department in carrying out the requirements of this
			 chapter, to maintain the highest possible standards to ensure the purity of all
			 waters of the state and to require the use of all known, available and
			 reasonable methods to prevent and control the discharge of wastes into the
			 waters of the state. Notwithstanding that standards of quality established for
			 the waters of the state would not be violated, wastes and other materials shall
			 not be allowed to enter such waters which will reduce the existing quality
			 thereof, except in those situations where it is clear that overriding
			 considerations of public interest will be served.
(2) Consistent with this policy, the
			 discharge of waste materials into municipal sewerage systems which would
			 interfere with, pass through, or otherwise be incompatible with such systems or
			 which would contaminate the sludge will not be permitted.
(3) Consistent with this policy, the
			 department will act to prevent the disposal of wastes that present a risk to
			 human health, including the potential, chronic effects of lifetime exposure to
			 waste materials.
Statutory Authority:
				  Chapter
				  43.21A RCW. 86-06-040
				  (Order 86-03), § 173-216-020, filed 3/4/86. Statutory Authority:
				  RCW
				     43.21A.445. 84-06-023 (Order DE 84-02),
				  § 173-216-020, filed 2/29/84. Statutory Authority:
				  Chapters
				  43.21A and
				  90.48 RCW. 83-23-073 (Order DE
				  83-29), § 173-216-020, filed
				  11/18/83.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-216 - State waste discharge permit program › Section 173-216-030 - Definitions

Current through Register Vol. 24-14, July 15, 2024
For the purposes of this chapter the following definitions
				shall be applicable:
(1) "Beneficial
			 uses" shall include, but not be limited to, use for domestic water, irrigation,
			 fish, shellfish, game, and other aquatic life, municipal, recreation,
			 industrial water, generation of electric power, and navigation.
(2) "Dangerous wastes" means any discarded,
			 useless, unwanted, or abandoned nonradioactive substances, including but not
			 limited to certain pesticides, or any residues or containers of such substances
			 which are disposed of in such quantity or concentration as to pose a
			 substantial present or potential hazard to human health, wildlife, or the
			 environment because such wastes or constituents or combinations of such wastes:
(a) Have short-lived, toxic properties that
			 may cause death, injury, or illness or have mutagenic, teratogenic, or
			 carcinogenic properties; or
(b) Are
			 corrosive, explosive, flammable, or may generate pressure through decomposition
			 or other means (Hazardous Waste Disposal Act,
			 chapter
			 70.105 RCW).
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-216 - State waste discharge permit program › Section 173-216-040 - Authorization required

Current through Register Vol. 24-14, July 15, 2024
(1) No waste
			 materials may be discharged from any commercial or industrial operation into
			 waters of the state, or into any municipal sewerage system, nor may waste
			 materials be discharged from any municipal sewerage system into waters of the
			 state, except as authorized pursuant to this chapter, chapter 173-220 or
			 173-226 WAC.
(2) Any person who
			 constructs or modifies or proposes to construct or modify wastewater facilities
			 must first comply with the regulations for submission of plans and reports for
			 construction of wastewater facilities, chapter 173-240 WAC.
Statutory Authority:
				  Chapter
				  90.48 RCW. 93-10-099
				  (Order 92-55), § 173-216-040, filed 5/5/93, effective 5/19/93. Statutory
				  Authority:
				  Chapters
				  43.21A and
				  90.48 RCW. 83-23-073 (Order DE
				  83-29), § 173-216-040, filed
				  11/18/83.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-216 - State waste discharge permit program › Section 173-216-050 - Discharges not subject to permits

Current through Register Vol. 24-14, July 15, 2024
(1) The following discharges are not subject
			 to permits under this chapter:
(a) Discharges
			 to municipal sewerage systems of domestic wastewater from residential,
			 commercial, or industrial structures.
(b) Any industrial or commercial discharge to
			 a municipal sewerage system for which authority to issue permits has been
			 granted to the municipality under
			 RCW
			    90.48.165.
(c) Any industrial or commercial discharge to
			 a municipal sewerage system operating under, and in compliance with, the
			 applicable requirements of a local pretreatment program approved under section
			 307 of FWPCA and WAC
			 173-216-150. In the event of
			 noncompliance, this exemption no longer applies and the discharger is
			 immediately subject to enforcement action under
			 chapter
			 90.48 RCW for discharging
			 without a waste discharge permit.
(d) Discharges to municipal sewerage systems
			 of wastes from industrial or commercial sources whose wastewater is similar in
			 character and strength to normal domestic wastewater: Provided, That such
			 discharges do not have the potential to adversely affect performance of the
			 system. Examples of this type of discharge sources may include hotels,
			 restaurants, laundries and food preparation establishments.
(e) Discharges for which an NPDES permit from
			 the department is required pursuant to chapter 173-220 WAC.
(f) Discharges which are otherwise subject to
			 the permit requirements of this chapter but which are covered under a general
			 permit issued pursuant to chapter 173-226 WAC.
(g) Discharges of domestic wastewater from a
			 septic tank with subsurface sewage treatment and disposal and an ultimate
			 design capacity less than or equal to fourteen thousand five hundred gallons
			 per day. These systems are governed by on-site sewage disposal systems, chapter
			 246-272 WAC which is administered by the Washington state department of
			 health.
(h) Discharges of domestic
			 wastewater from a mechanical treatment system or lagoon followed by subsurface
			 disposal with an ultimate design capacity less than or equal to three thousand
			 five hundred gallons per day. These systems are governed by on-site sewage
			 disposal systems, chapter 246-272 WAC which is administered by the Washington
			 state department of health.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-216 - State waste discharge permit program › Section 173-216-060 - Prohibited discharges

Current through Register Vol. 24-14, July 15, 2024
(1)
			 The discharge restrictions and prohibitions of dangerous waste regulations,
			 chapter 173-303 WAC shall apply to this chapter.
(2) In addition, the following are
			 prohibited:
(a) The discharge into a municipal
			 sewerage system of substances prohibited from such discharge by section 307 of
			 FWPCA.
(b) All of the following
			 discharges to a municipal sewerage system:
(i)
			 Waste materials that pass through the treatment works untreated or interfere
			 with its operation or performance.
(ii) Any liquids, solids or gases which by
			 reason of their nature or quantity are or may be sufficient either alone or by
			 interaction to cause fire or explosion or be capable of creating a public
			 nuisance or hazard to life or are sufficient to prevent entry into the sewers
			 for their maintenance and repair or be injurious in any other way to the
			 operation of the system or the operating personnel.
(iii) Solid or viscous substances which may
			 cause obstruction to the flow in a sewer or other interference with the
			 operation of the system.
(iv) Any
			 wastewater having a pH less than 5.0 or greater than 11.0 or having any other
			 corrosive property capable of causing damage or hazard to structures,
			 equipment, or personnel of the system, unless the system is specifically
			 designed to accommodate such discharge and the discharge is authorized by a
			 permit under this chapter.
(v)
			 Wastewater which would cause the influent temperature to exceed 40°C
			 (104°F), unless the system is specifically designed to accommodate such
			 discharge and the discharge is authorized by a permit under this chapter. In
			 any case, any wastewater having a temperature which will interfere with the
			 biological activity in the system is prohibited.
(vi) Any waste materials, including oxygen
			 demanding waste materials (BOD, etc.), released in either a slug load or
			 continuous discharge of such volume or strength as to cause interference to the
			 system.
(vii) Any of the following
			 discharges unless approved by the department under extraordinary circumstances,
			 such as lack of direct discharge alternatives due to combined sewer service or
			 need to augment sewage flows due to septic conditions:
(A) Noncontact cooling water in significant
			 volumes.
(B) Stormwater, and other
			 direct inflow sources.
(C)
			 Wastewaters significantly affecting system hydraulic loading, which do not
			 require treatment or would not be afforded a significant degree of treatment by
			 the system.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-216 - State waste discharge permit program › Section 173-216-070 - Application for a permit

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Any person not exempt under WAC
			 173-216-050, who proposes to
			 discharge waste materials into waters of the state or into a municipal sewerage
			 system, must file an application with the department at least sixty days prior
			 to discharging, or in the case of an expiring permit, at least sixty days prior
			 to the expiration of the permit.
(2) Applications for permits shall be on
			 forms as prescribed by the department.
(3) The applicant must pay applicable fees
			 pursuant to Wastewater discharge permit fees, chapter 173-224 WAC.
(4) The requirement for a permit application
			 will be satisfied, if the discharger files:
(a) A completed permit application;
(b) When applicable, signature of approval by
			 an authorized representative of the municipal sewerage system; and
(c) Any other information determined as
			 necessary by the department.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-216 - State waste discharge permit program › Section 173-216-080 - Confidentiality of information

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Any information submitted pursuant to this chapter may be claimed as
			 confidential by the applicant. Any such claim must be asserted at the time of
			 application or notification by placing the words "confidential business
			 information" or similar words, on each page containing such information. If no
			 claim is made, the department may make the information available to the public
			 without further notice. Claims of confidentiality for the following information
			 will be denied:
(a) Name and address of
			 applicant;
(b) Description of
			 proposal;
(c) Description of
			 proposed receiving waters;
(d)
			 Description of quality and quantity of receiving water; and
(e) Description of project's environmental
			 impacts as provided in the State Environmental Policy Act,
			 chapter
			 43.21C RCW;
(f) Description of quantity and
			 characteristics of the effluent.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-216 - State waste discharge permit program › Section 173-216-090 - Public notice

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 applicant shall publish notice for each application in such a manner to inform
			 and seek comments from interested and potentially interested persons.
(2) The public notice shall be in a form
			 provided by the department and shall include at least the following:
(a) Name, address, and phone number of the
			 office of the department issuing the public notice;
(b) Name and address of the applicant, and if
			 different, of the facility or activity to be permitted;
(c) Brief description of the applicant's
			 activities or operations which result in the discharge described in the
			 application (e.g. municipal waste treatment plant, steel manufacturing,
			 drainage from mining activities);
(d) A brief description of the discharge
			 point(s);
(e) A statement of any
			 tentative determination to issue or deny a permit for the discharge described
			 in the application;
(f) A brief
			 description of the procedures for the formulation of final determinations,
			 including the thirty-day comment period required by subsection (6) of this
			 section and any other means by which interested persons may influence or
			 comment upon those determinations; and
(g) Address and phone number of the office of
			 the department at which interested persons may obtain further
			 information.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-216 - State waste discharge permit program › Section 173-216-100 - Public hearings

Current through Register Vol. 24-14, July 15, 2024
(1) Any
			 interested person may request a public hearing with respect to permit
			 applications for which notice is required pursuant to WAC
			 173-216-090. Any such request for
			 a public hearing shall be filed within the thirty-day period prescribed in WAC
			 173-216-090(6) and shall indicate the interest of the party filing such request and the
			 reasons why a hearing is warranted.
(2) The department shall hold a hearing if it
			 determines there is a significant public interest.
(3) Any hearing held pursuant to this
			 subsection shall be held at a time and place deemed appropriate by the
			 department.
(4) Public notice of
			 any hearing held pursuant to this section shall be circulated at least as
			 widely as was the notice of the application.
(5) Procedures for the circulation of public
			 notice for hearings held shall include at least the following:
(a) Notice shall be published, at the
			 applicant's expense, in at least one newspaper of general circulation within
			 the area of the discharge;
(b)
			 Notice shall be sent to all persons who received a copy of the notice given
			 under WAC
			 173-216-090;
(c) Notice shall be mailed to any person upon
			 request;
(d) Notice shall be given
			 at least thirty days in advance of the hearing.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-216 - State waste discharge permit program › Section 173-216-110 - Permit terms and conditions

Current through Register Vol. 24-14, July 15, 2024
(1) Any permit issued by the department shall
			 specify conditions necessary to prevent and control waste discharges into the
			 waters of the state, including the following, whenever applicable:
(a) All known, available, and reasonable
			 methods of prevention, control, and treatment;
(b) Pretreatment requirements;
(c) Requirements pursuant to other laws,
			 including the state's Hazardous Waste Disposal Act,
			 chapter
			 70.105 RCW, the Solid
			 waste management -- Recovery and recycling,
			 chapter
			 70.95 RCW, the Resource
			 Conservation and Recovery Act of 1976, Public Law 95.190 or any other
			 applicable local ordinances, state, or federal statute, to the extent that they
			 pertain to the prevention or control of waste discharges into the waters of the
			 state;
(d) Any conditions necessary
			 to meet applicable water quality standards for surface waters or to preserve or
			 protect beneficial uses for groundwaters;
(e) Requirements necessary to avoid conflict
			 with a plan approved pursuant to section 208(b) of FWPCA;
(f) Any conditions necessary to prevent and
			 control pollutant discharges from plant site runoff, spillage or leaks, sludge
			 or waste disposal, or raw material storage;
(g) Any appropriate monitoring, reporting and
			 record keeping requirements as specified by the department, including
			 applicable requirements under sections 307 and 308 of FWPCA;
(h) Schedules of compliance, including those
			 required under sections 301 and 307 of FWPCA, which shall set forth the
			 shortest reasonable time period to achieve the specified requirements;
			 and
(i) Prohibited discharge
			 requirements as contained in WAC
			 173-216-060.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-216 - State waste discharge permit program › Section 173-216-120 - Transfer of a permit

Current through Register Vol. 24-14, July 15, 2024
(1) A
			 permit is automatically transferred to a new owner or operator if:
(a) A written agreement between the old and
			 new owner or operator containing a specific date for transfer of permit
			 responsibility, coverage, and liability is submitted to the department;
			 and
(b) The department does not
			 notify the permittee of the need to modify, or revoke and reissue the
			 permit.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-216 - State waste discharge permit program › Section 173-216-125 - Monitoring

Current through Register Vol. 24-14, July 15, 2024
Use of registered or accredited laboratories:
(1) Except as established in subsection (3)
			 of this section, monitoring data submitted to the department in accordance with
			 this chapter shall be prepared by a laboratory accredited under the provisions
			 of chapter 173-50 WAC no later than July 1, 1993, for all state permittees with
			 a permitted average flow rate greater than five million gallons per day.
These requirements are effective and binding on all permittees
				under the authority of rule, regardless of whether they have been included as
				conditions of a permit.
(2)
			 Except as established in subsection (3) of this section, monitoring data
			 submitted to the department in accordance with this chapter shall be prepared
			 by a laboratory registered or accredited under the provisions of chapter 173-50
			 WAC no later than July 1, 1994, for all state permittees not covered under
			 subsection (1) of this section.
These requirements are effective and binding on all permittees
				under the authority of rule, regardless of whether they have been included as
				conditions of a permit.
(3)
			 The following parameters need not be accredited or registered:
(a) Flow;
(b) Temperature;
(c) Settleable solids;
(d) Conductivity, except that conductivity
			 shall be accredited if the laboratory must otherwise be registered or
			 accredited;
(e) pH, except that pH
			 shall be accredited if the laboratory must otherwise be registered or
			 accredited;
(f) Turbidity, except
			 that turbidity shall be accredited if the laboratory must otherwise be
			 registered or accredited; and
(g)
			 Parameters which are used solely for internal process control.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-216 - State waste discharge permit program › Section 173-216-130 - Modification, suspension, and revocation of permits

Current through Register Vol. 24-14, July 15, 2024
(1) Any permit issued under this chapter can
			 be modified, suspended, or revoked, in whole or in part by the department for
			 the following causes:
(a) Violation of any
			 permit term or condition;
(b)
			 Obtaining a permit by misrepresentation or failure to fully disclose all
			 relevant facts;
(c) A material
			 change in quantity or type of waste disposal;
(d) A material change in the condition of the
			 waters of the state; or
(e)
			 Nonpayment of permit fees assessed pursuant to RCW 90.48.610.