Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-204 - Sediment management standards › Part I - GENERAL INFORMATION › Section 173-204-130 - Administrative policies

Current through Register Vol. 24-14, July 15, 2024
The department shall implement this chapter in accordance
				  with the following policies:
(1) The
				department shall seek to implement, and as necessary modify this chapter to
				protect biological resources and human health consistent with WAC
				173-204-100(2).
				To implement the intent of this subsection, the department shall use methods
				that accurately reflect the latest scientific knowledge consistent with the
				definitions contained in WAC
				173-204-200 and
				173-204-505, as
				applicable.
(2) At the interface
				between surface sediments, groundwater or surface water, the applicable
				standards shall depend on which beneficial use is or could be adversely
				affected, as determined by the department. If beneficial uses of more than one
				resource are affected, the most restrictive standards shall apply.
(3) It shall be the goal of the department to
				modify this chapter so that methods such as confirmatory biological tests,
				sediment impact zone models, use of contaminated sediment site models, etc.,
				continue to accurately reflect the latest scientific knowledge as established
				through ongoing validation and refinement.
(4) Any person or the department may propose
				an alternate technical method to replace or enhance the application of a
				specific technical method required under this chapter. Using best professional
				judgment, the department shall provide advance review and approval of any
				alternate technical method proposed prior to its application. Application and
				use of alternate technical methods shall be allowed when the department
				determines that the technical merit of the resulting decisions will improve the
				department's ability to implement and meet the intent of this chapter as
				described in WAC
				173-204-100(2),
				and will remain consistent with the scientific intent of definitions contained
				in WAC 173-204-200 and
				173-204-505. The department shall
				maintain a record of the department's decisions concerning application for use
				of alternate technical methods pursuant to this subsection. The record shall be
				made available to the public on request.
(5) Intergovernmental coordination. The
				department shall ensure appropriate coordination and consultation with
				federally recognized Indian tribes and local, state, and federal agencies to
				provide information on and to implement this chapter.
(6) The department shall conduct an annual
				review of this chapter, and modify its provisions every three years, or as
				necessary. Revision to this chapter shall be made pursuant to the procedures
				established within
				chapter
				34.05 RCW, the
				Administrative Procedure Act.
(7)
				Review of scientific information. When evaluating this chapter for necessary
				revisions, the factors the department shall consider include:
(a) New or additional scientific information
				which is available relating surface sediment chemical quality to acute or
				chronic adverse effects on biological resources as defined in WAC
				173-204-200(1) and
				(7);
(b) New or additional scientific information
				which is available relating human health risk to marine, low salinity, or
				freshwater surface sediment chemical contaminant levels;
(c) New or additional scientific information
				which is available relating levels of other toxic, radioactive, biological and
				deleterious substances in marine, low salinity, or freshwater sediments to
				acute or chronic adverse effects on biological resources, or to a significant
				health risk to humans;
(d) New
				state or federal laws which have established environmental or human health
				protection standards applicable to surface sediment; or
(e) Scientific information which has been
				identified for addition, modification or deletion by a scientific review
				process established by the department.