reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-64 - Issuance of a site certification agreement › Section 463-64-040 - Reconsideration of draft certification agreement

Current through Register Vol. 24-14, July 15, 2024
If directed by the governor under
				RCW  80.50.100(2)(c) to
				reconsider certain aspects of the draft certification agreement, the council
				shall:
(1) Reconsider such aspects of the draft application or, as
				necessary, reopen the adjudicative proceeding to receive additional evidence.
				Such reconsideration shall be conducted expeditiously.
(2) Resubmit the draft certification to the governor
				incorporating any amendments deemed necessary upon reconsideration.
(3) Within sixty days of receipt of such draft certification
				agreement, the governor will either approve the application and execute the
				certification agreement or reject the application. The certification agreement
				shall be binding upon execution by the governor and the
				applicant.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, §
										463-64-040, filed 10/11/04, effective
				  11/11/04.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-64 - Issuance of a site certification agreement › Section 463-64-050 - Rejection of an application for certification

Current through Register Vol. 24-14, July 15, 2024
The rejection of an application for certification by the
				governor shall be final as to that application but shall not preclude
				submission of a subsequent application for the same site on the basis of
				changed conditions or new information.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, §
										463-64-050, filed 10/11/04, effective
				  11/11/04.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-66 - Amending, transferring, or terminating a site certification agreement › Section 463-66-020 - Termination

Current through Register Vol. 24-14, July 15, 2024
Termination of a site certification agreement (SCA), except
				pursuant to its own terms, is an amendment of the agreement.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, recodified as §
										463-66-020, filed 10/11/04, effective 11/11/04.
				  Statutory Authority:
				  RCW 80.50.040(1). 87-24-006
				  (Order 87-2), § 463-36-020, filed
				  11/19/87.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-66 - Amending, transferring, or terminating a site certification agreement › Section 463-66-030 - Request for amendment

Current through Register Vol. 24-14, July 15, 2024
A request for amendment of a site certification agreement shall
				be made in writing by a certificate holder to the council. The council will
				consider the request and determine a schedule for action at the next feasible
				council meeting. The council may, if appropriate and required for full
				understanding and review of the proposal, secure the assistance of a consultant
				or take other action at the expense of the certificate holder. The council
				shall hold one or more public hearing sessions upon the request for amendment
				at times and places determined by the council.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, amended and recodified as §
										463-66-030, filed 10/11/04,
				  effective 11/11/04. Statutory Authority:
				  RCW 80.50.040(1). 87-24-006
				  (Order 87-2), § 463-36-030, filed
				  11/19/87.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-66 - Amending, transferring, or terminating a site certification agreement › Section 463-66-040 - Amendment review

Current through Register Vol. 24-14, July 15, 2024
In reviewing any proposed amendment, the council shall consider
				whether the proposal is consistent with:
(1) The intention of the original SCA;
(2) Applicable laws and rules;
(3) The public health, safety, and welfare; and
(4) The provisions of chapter 463-72 WAC.
Statutory Authority:
				  RCW 80.50.040(1). 07-21-035,
				  §
										463-66-040, filed 10/9/07, effective 11/9/07. Statutory Authority:
				  RCW  80.50.040(1) and (12).
				  04-21-013, recodified as §
										463-66-040, filed 10/11/04, effective 11/11/04.
				  Statutory Authority:
				  RCW 80.50.040(1). 87-24-006
				  (Order 87-2), § 463-36-040, filed
				  11/19/87.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-66 - Amending, transferring, or terminating a site certification agreement › Section 463-66-050 - Environmental impact - Alternatives

Current through Register Vol. 24-14, July 15, 2024
In reviewing whether a proposed amendment is consistent with
				the public health, safety, and welfare, the council shall consider the
				short-term and long-term environmental impacts of the proposal. Reasonable
				alternative means by which the purpose of the proposal might be achieved shall
				be considered as shall the availability of funding to implement the
				proposal.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, recodified as §
										463-66-050, filed 10/11/04, effective 11/11/04.
				  Statutory Authority:
				  RCW 80.50.040(1). 87-24-006
				  (Order 87-2), § 463-36-050, filed
				  11/19/87.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-66 - Amending, transferring, or terminating a site certification agreement › Section 463-66-060 - Council determinations

Current through Register Vol. 24-14, July 15, 2024
The council in acting upon a requested amendment may accept the
				amendment; reject the amendment; or reject the amendment, and state conditions
				or terms under which the amendment will be reconsidered.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, recodified as §
										463-66-060, filed 10/11/04, effective 11/11/04.
				  Statutory Authority:
				  RCW 80.50.040(1). 87-24-006
				  (Order 87-2), § 463-36-060, filed
				  11/19/87.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-66 - Amending, transferring, or terminating a site certification agreement › Section 463-66-070 - Approval by council action

Current through Register Vol. 24-14, July 15, 2024
An amendment request which does not substantially alter the
				substance of any provisions of the SCA, or which is determined not to have a
				significant detrimental effect upon the environment, shall be effective upon
				approval by the council. Such approval may be in the form of a council
				resolution.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, amended and recodified as §
										463-66-070, filed 10/11/04,
				  effective 11/11/04. Statutory Authority:
				  RCW 80.50.040(1). 87-24-006
				  (Order 87-2), § 463-36-070, filed
				  11/19/87.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-66 - Amending, transferring, or terminating a site certification agreement › Section 463-66-080 - Approval by governor

Current through Register Vol. 24-14, July 15, 2024
An amendment which substantially alters the substance of any
				provision of the SCA or which is determined to have a significant detrimental
				effect upon the environment shall be effective upon the signed approval of the
				governor.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, amended and recodified as §
										463-66-080, filed 10/11/04,
				  effective 11/11/04. Statutory Authority:
				  RCW 80.50.040(1). 87-24-006
				  (Order 87-2), § 463-36-080, filed
				  11/19/87.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-66 - Amending, transferring, or terminating a site certification agreement › Section 463-66-090 - Council powers

Current through Register Vol. 24-14, July 15, 2024
The council has power to initiate proceedings leading to the
				SCA amendment where it perceives that a certificate may be abandoned or when it
				deems such action to be appropriate.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, recodified as §
										463-66-090, filed 10/11/04, effective 11/11/04.
				  Statutory Authority:
				  RCW 80.50.040(1). 87-24-006
				  (Order 87-2), § 463-36-090, filed
				  11/19/87.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-68 - Site certification agreement - Start of construction, expiration, and reporting › Section 463-68-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
This chapter sets forth the length of time before a site
				certification agreement expires if construction is not started, or commercial
				operation has not commenced, defines what activities constitute start of
				construction, and specifies the time frame within which a certificate holder
				must notify the council of the certificate holder's intentions, any project
				design changes, and the status of the site. The council shall apply these rules
				to site certification agreements issued in connection with applications filed
				after the effective date of this chapter. Except for the provisions in chapter
				463-36 WAC, these regulations shall not apply to energy facilities for which
				site certification agreements have been issued before the effective date of
				this chapter.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, §
										463-68-010, filed 10/11/04, effective
				  11/11/04.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-68 - Site certification agreement - Start of construction, expiration, and reporting › Section 463-68-020 - Construction and operation subject to certification conditions

Current through Register Vol. 24-14, July 15, 2024
The state of Washington authorizes a certificate holder to
				construct and operate an energy facility as defined in
				RCW  80.50.060 and
				80.50.020 at the approved site
				subject to the terms and conditions of the site certification agreement
				approved by the governor and applicable laws and rules.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, §
										463-68-020, filed 10/11/04, effective
				  11/11/04.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-68 - Site certification agreement - Start of construction, expiration, and reporting › Section 463-68-030 - Term for start of construction

Current through Register Vol. 24-14, July 15, 2024
Subject to conditions in the site certification agreement and
				this chapter, construction may start any time within ten years of the effective
				date of the site certification agreement.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, §
										463-68-030, filed 10/11/04, effective
				  11/11/04.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-68 - Site certification agreement - Start of construction, expiration, and reporting › Section 463-68-040 - Start of construction

Current through Register Vol. 24-14, July 15, 2024
Construction shall be deemed to have started with the
				initiation of any of the following construction activities:
(1) Site preparation by grading of the site, foundation
				excavation, or other significant earthwork on the site;
(2) Construction of footings or foundations, form work,
				installation of rebar, or pouring concrete for a project's major components or
				auxiliary structures;
(3) Excavation for natural gas supply, water supply, water or
				waste water discharge pipelines or structures;
(4) Earthwork or construction of access or service roads,
				electrical transmission lines, switchyard structures, or laydown
				areas.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, §
										463-68-040, filed 10/11/04, effective
				  11/11/04.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-68 - Site certification agreement - Start of construction, expiration, and reporting › Section 463-68-050 - Submittal of plans and specifications prior to start of construction

Current through Register Vol. 24-14, July 15, 2024
At least ninety days prior to start of construction as defined
				in WAC 463-68-040, a certificate holder
				shall provide the plans and specifications required by the site certification
				agreement to the council for approval.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, §
										463-68-050, filed 10/11/04, effective
				  11/11/04.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-68 - Site certification agreement - Start of construction, expiration, and reporting › Section 463-68-060 - Review and reporting changes in the project status or site conditions

Current through Register Vol. 24-14, July 15, 2024
If construction does not both start within five years of the
				effective date of the site certification agreement and thereupon continue in a
				reasonably uninterrupted fashion toward project completion, then at least
				ninety days prior to the end of the five-year period, the certificate holder
				shall report to the council its intention to proceed or not to proceed with the
				project. If the certificate holder intends to proceed with the project, the
				certificate holder shall submit a report to the council describing:
(1) The nature and degree of any changes to the following since
				the effective date of the site certification agreement:
(a) Project design;
(b) Statements and information in the application;
(c) Statements and information in project-related environmental
				documents; and
(d) Project-related environmental conditions.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-68 - Site certification agreement - Start of construction, expiration, and reporting › Section 463-68-070 - Review of changes

Current through Register Vol. 24-14, July 15, 2024
Under WAC
				463-68-060, construction may
				start, or restart if construction has been suspended, only upon the council
				finding that no changes or amendments to the site certification agreement,
				regulatory permits, or project-related environmental documents are necessary or
				appropriate, or upon the council's approval of any necessary or appropriate
				changes or amendments. The council may retain an independent consultant, at the
				certificate holder's expense, to evaluate and make recommendations about
				whether changes to the site certification agreement, regulatory permits, or
				project-related environmental documents are necessary or appropriate. This work
				may include, but is not limited to, verification of project-related
				environmental conditions, regulatory requirements, or appropriate
				technology.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, §
										463-68-070, filed 10/11/04, effective
				  11/11/04.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-68 - Site certification agreement - Start of construction, expiration, and reporting › Section 463-68-080 - Site certification agreement expiration

Current through Register Vol. 24-14, July 15, 2024
(1) If the certificate holder does not start or restart
				construction within ten years of the effective date of the site certification
				agreement, or has canceled the project, the site certification agreement shall
				expire.
(2) If commercial operations have not commenced within ten
				years of the effective date of the site certification agreement, the site
				certification agreement expires unless the certificate holder requests, and the
				council approves, an extension of the term of the site certification
				agreement.
(3) Upon a request to extend the term of the site certification
				agreement, the council may conduct a review consistent with the requirements of
				WAC 463-68-060 and
				463-68-070, and other applicable
				legal requirements.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, §
										463-68-080, filed 10/11/04, effective
				  11/11/04.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-70 - Certification compliance monitoring and enforcement › Section 463-70-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
This chapter sets forth rules relating to monitoring the
				construction and operation of energy facilities to determine compliance with
				the terms of certification agreements and/or permits pursuant to
				RCW  80.50.040(9).
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, amended and recodified as §
										463-70-010, filed 10/11/04,
				  effective 11/11/04. Statutory Authority:
				  RCW 80.50.040(1). 78-07-036
				  (Order 78-3), § 463-54-010, filed 6/23/78; Order 108, § 463-54-010,
				  filed 11/4/76.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-70 - Certification compliance monitoring and enforcement › Section 463-70-020 - Compliance to be determined

Current through Register Vol. 24-14, July 15, 2024
Compliance monitoring procedures shall be implemented by the
				council as necessary to determine compliance and keep it and the public
				properly informed as to the status of compliance with the terms of
				certification agreements and PSD, NPDES, or other permits issued by the
				council.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, amended and recodified as §
										463-70-020, filed 10/11/04,
				  effective 11/11/04. Statutory Authority:
				  RCW 80.50.040(1). 94-16-031,
				  § 463-54-020, filed 7/26/94, effective 8/26/94; 78-07-036 (Order 78-3),
				  § 463-54-020, filed 6/23/78; Order 108, § 463-54-020, filed
				  11/4/76.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-70 - Certification compliance monitoring and enforcement › Section 463-70-030 - Compliance inspections and reports

Current through Register Vol. 24-14, July 15, 2024
Compliance determinations shall include consideration of
				on-site inspections, data analyses and/or reporting activities as prescribed by
				the council and performed by other state agencies pursuant to annual
				interagency agreements.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, recodified as §
										463-70-030, filed 10/11/04, effective 11/11/04.
				  Statutory Authority:
				  RCW 80.50.040(1). 78-07-036
				  (Order 78-3), § 463-54-030, filed 6/23/78; Order 108, § 463-54-030,
				  filed 11/4/76.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-70 - Certification compliance monitoring and enforcement › Section 463-70-040 - Compliance reports and determinations

Current through Register Vol. 24-14, July 15, 2024
Written reports by state agencies, or their authorized
				representatives reporting to the council under interagency agreements, shall be
				submitted regularly and contain certifications as to the certificate holder's
				satisfactory compliance or noncompliance with the appropriate terms of the site
				certification agreement. Certifications of satisfactory compliance in the
				absence of compelling evidence to the contrary shall be deemed by the council
				as bona fide compliance by the certificate holder.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, amended and recodified as §
										463-70-040, filed 10/11/04,
				  effective 11/11/04. Statutory Authority:
				  RCW 80.50.040(1). 94-16-031,
				  § 463-54-040, filed 7/26/94, effective 8/26/94; 78-07-036 (Order 78-3),
				  § 463-54-040, filed 6/23/78; Order 108, § 463-54-040, filed
				  11/4/76.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-70 - Certification compliance monitoring and enforcement › Section 463-70-050 - Noncompliance determinations and enforcement

Current through Register Vol. 24-14, July 15, 2024
The council shall make a determination of noncompliance with
				the terms of a certification agreement, PSD, NPDES, or other permits where
				circumstances so warrant and on such finding of noncompliance will institute
				appropriate enforcement action.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, amended and recodified as §
										463-70-050, filed 10/11/04,
				  effective 11/11/04. Statutory Authority:
				  RCW 80.50.040(1). 94-16-031,
				  § 463-54-050, filed 7/26/94, effective 8/26/94; 78-07-036 (Order 78-3),
				  § 463-54-050, filed 6/23/78; Order 108, § 463-54-050, filed
				  11/4/76.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-70 - Certification compliance monitoring and enforcement › Section 463-70-060 - Monitoring and enforcement - Departments of ecology and health

Current through Register Vol. 24-14, July 15, 2024
(1) The council may contract with the department of ecology, or
				its authorized representative, to perform monitoring activities pertaining to
				air and water discharges, except as provided in subsection (2) of this section,
				and when it reports to the council that appropriate enforcement activities are
				required relative thereto, the council shall take or initiate action to enforce
				the terms of the appropriate certification agreement and the incorporated PSD,
				NPDES, or other permits. Immediate enforcement action as needed may be
				undertaken by ecology, or its authorized representative, subject to subsequent
				confirmation or modification by the council.
(2) The council may contract with the department of health for
				monitoring activities pertaining to radionuclide emissions to the air in
				accordance with such an agreement. When it reports to the council that
				appropriate enforcement activities are required relative thereto, the council
				shall take or initiate action to enforce the terms of the appropriate
				certification agreement or attached permit. Immediate enforcement action as
				needed may be undertaken by health subject to subsequent confirmation or
				modification by the council.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, amended and recodified as §
										463-70-060, filed 10/11/04,
				  effective 11/11/04. Statutory Authority:
				  RCW 80.50.040(1). 94-16-031,
				  § 463-54-060, filed 7/26/94, effective 8/26/94; 78-07-036 (Order 78-3),
				  § 463-54-060, filed 6/23/78.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-70 - Certification compliance monitoring and enforcement › Section 463-70-070 - Enforcement actions

Current through Register Vol. 24-14, July 15, 2024
(1) General. The council establishes four types of enforcement
				action in order to provide the council with a range of responses to apparent
				violations of a site certification agreement or the laws and rules enforced by
				the council. The range allows the chair or the council to choose an approach
				which it determines, in its discretion, to be best suited in light of the
				seriousness of an apparent violation, the potential danger to humans or the
				environment, the willingness and ability of the violator to make required
				corrections, and the speed with which corrective action should be taken.
(2) Emergency action by chair.
(a) Emergency action is appropriate when the chair or chair's
				designee believes that the nature of an apparent violation requires action too
				swiftly to allow for deliberation and decision by the full council or that
				action is required pending the completion of other enforcement action.
(b) The chair of the council or the chair's designee is
				authorized to take immediate action to halt or eliminate any imminent or actual
				substantial danger to health or welfare of persons or the environment resulting
				from violation of law or of terms of the site certification agreement,
				including the release of pollutants from facilities sited under
				chapter
				80.50 RCW. The chair
				may:
(i) Order the immediate termination of an endangerment or an
				endangering release and the immediate suspension of a PSD, NPDES, or other
				permits issued by the council, or order the immediate commencement of
				corrective action;
(ii) Notify appropriate agencies that protective measures are
				required immediately to safeguard public health and safety;
(iii) Request the prosecuting attorney of an affected county or
				the attorney general to take immediate enforcement action for violations of
				certification agreements or permits pursuant to
				RCW  80.50.150(6).
(c) The council shall consider any emergency action at a
				regular or special meeting as soon as practical after the action is taken. It
				may adopt, rescind, or modify emergency action and may take other enforcement
				action as specified in this rule. The council retains jurisdiction to maintain
				or modify emergency action until the circumstances requiring the action are
				cured to the council's satisfaction or until other enforcement actions
				supersede the emergency action, whichever first occurs.
(d) If feasible, the council shall allow the subject of
				emergency action to present its views prior to adopting, affirming, or
				modifying the action.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-72 - Site restoration and preservation › Section 463-72-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
This chapter sets forth rules for the content and timing of
				preparing site restoration or preservation plans for implementation at the
				conclusion of a plant's operating life; if a project is terminated; or if
				construction is suspended. The council shall apply these rules to site
				certification agreements issued in connection with applications filed after the
				effective date of this chapter. Except for the provisions in chapter 463-36 WAC, these regulations shall not apply to energy facilities for which site
				certification agreements have been issued before the effective date of this
				chapter.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, §
										463-72-010, filed 10/11/04, effective
				  11/11/04.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-72 - Site restoration and preservation › Section 463-72-020 - Plan elements

Current through Register Vol. 24-14, July 15, 2024
Site restoration or preservation plans shall be prepared in
				sufficient detail to identify, evaluate, and resolve all major environmental
				and public health and safety issues, to include provisions for funding or
				bonding and monitoring. Specific plans shall:
(1) Describe the process and/or assumptions used to evaluate
				the options considered and the measures selected to restore or preserve the
				site to protect the environment and all segments of the public against risks
				and dangers resulting from the site operations and activities.
(2) Address provisions for funding or bonding to meet
				restoration or preservation costs. Financial assurance shall be provided to
				ensure that funding is available and sufficient for site restoration or
				preservation. Such financial assurances shall include evidence of pollution
				liability insurance coverage in an amount justified for the project, and a site
				closure bond, sinking fund, or other financial instrument or security in an
				amount justified in the initial site restoration plan.
(3) Address the scope of monitoring to be conducted during site
				restoration or preservation and possible continued monitoring to ensure site
				restoration is achieved.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, §
										463-72-020, filed 10/11/04, effective
				  11/11/04.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-72 - Site restoration and preservation › Section 463-72-030 - Council approval and schedules required

Current through Register Vol. 24-14, July 15, 2024
The council shall approve all site restoration or preservation
				plans. Each plan shall include schedules for implementation of the proposed
				site restoration or preservation activities.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, §
										463-72-030, filed 10/11/04, effective
				  11/11/04.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-72 - Site restoration and preservation › Section 463-72-040 - Initial site restoration plan

Current through Register Vol. 24-14, July 15, 2024
(1) At least ninety days prior to the beginning of site
				preparation, the certificate holder shall provide the council with an initial
				site restoration plan which addresses site restoration occurring at the
				conclusion of the plant's operating life, or in the event the project is
				suspended or terminated during construction or before it has completed its
				useful operating life.
(2) The plan shall parallel a decommissioning plan, if such a
				plan is prepared for the project.
(3) The initial site restoration plan shall be prepared in
				sufficient detail to identify, evaluate, and resolve all major environmental
				and public health and safety issues presently anticipated. It shall describe
				the process used to evaluate the options and select measures that will be taken
				to restore or preserve the site or otherwise protect all segments of the public
				against risks or danger resulting from the site. The plan shall include a
				discussion of economic factors regarding the costs and benefits of various
				restoration options versus the relative public risk and shall address
				provisions for funding or bonding arrangements to meet the site restoration or
				management costs. The provision of financial assurances shall include evidence
				of pollution liability insurance coverage in an amount justified for the
				project, and a site closure bond, sinking fund, or other financial instrument
				or security in an amount justified in the plan.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, §
										463-72-040, filed 10/11/04, effective
				  11/11/04.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-72 - Site restoration and preservation › Section 463-72-050 - Detailed site restoration plan - Terminated projects

Current through Register Vol. 24-14, July 15, 2024
When a project is terminated, a detailed site restoration plan
				shall be submitted within ninety days from the time the council is notified of
				the termination. An extension of time may be granted for good cause shown. The
				site restoration plan shall address the elements required to be addressed in
				WAC 463-72-040, in detail
				commensurate with the time until site restoration is to begin. The council will
				act on the plan at the earliest feasible time and may take or require action as
				necessary to deal with extraordinary circumstances.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, §
										463-72-050, filed 10/11/04, effective
				  11/11/04.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-72 - Site restoration and preservation › Section 463-72-060 - Site preservation plan - Suspended projects

Current through Register Vol. 24-14, July 15, 2024
In the event that construction is suspended, a plan for site
				preservation shall be prepared at the earliest feasible time, as agreed to by
				the council, and the council shall be advised of interim concerns and the
				measures being taken to remedy those concerns. The site preservation plan shall
				address environmental, and public health and safety concerns, the scope of
				proposed monitoring and the provisions for funding or bonding to meet site
				preservation costs. It shall describe measures that will be taken to preserve
				the site or otherwise protect all segments of the public and environment
				against risks or danger resulting from the site. The preservation plan shall
				also address options for preservation and the costs and benefits associated
				with those options. The council will act on the plan at the earliest feasible
				time and may take or require action as necessary to deal with the extraordinary
				circumstances.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, §
										463-72-060, filed 10/11/04, effective
				  11/11/04.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-72 - Site restoration and preservation › Section 463-72-070 - Site restoration - Terminated projects

Current through Register Vol. 24-14, July 15, 2024
In the absence of a council determination as to the level of
				site restoration, restoration of the site to a reasonable approximation of its
				original condition prior to construction shall be required.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, §
										463-72-070, filed 10/11/04, effective
				  11/11/04.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-72 - Site restoration and preservation › Section 463-72-080 - Site preservation or restoration plan

Current through Register Vol. 24-14, July 15, 2024
When a site is subject to preservation or restoration pursuant
				to a plan as defined in WAC
				463-72-040 through
				463-72-060, the certificate
				holder shall conduct operations within terms of the plan; shall advise the
				council of unforeseen problems and other emergent circumstances at the site;
				and shall provide site monitoring pursuant to an authorized schedule. After
				approval of an initial site restoration plan pursuant to WAC
				463-72-040, a certificate holder
				shall review its site restoration plan in light of relevant new conditions,
				technologies, and knowledge, and report to the council the results of its
				review, at least every five years or upon any change in project status. The
				council may direct the submission of a site preservation or restoration plan at
				any time during the development, construction, or operating life of a project
				based upon council's review of the project's status. The council may require
				such information and take or require such action as is appropriate to protect
				the environment and all segments of the public against risks or dangers
				resulting from conditions or activities at the site.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, §
										463-72-080, filed 10/11/04, effective
				  11/11/04.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-74 - Dangerous wastes › Section 463-74-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The energy facility site evaluation council, under authority
				vested in it by
				chapter
				80.50 RCW is charged with
				the responsibility of adopting rules sufficient to protect the public and the
				environment from the effects of dangerous wastes generated at energy facilities
				subject to
				chapter
				80.50 RCW.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, amended and recodified as §
										463-74-010, filed 10/11/04,
				  effective 11/11/04. Statutory Authority:
				  RCW 80.50.040(1). 83-01-127
				  (Order 82-5), § 463-40-010, filed
				  12/22/82.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-74 - Dangerous wastes › Section 463-74-020 - Coverage

Current through Register Vol. 24-14, July 15, 2024
The provisions of this chapter shall apply statewide for those
				generators of dangerous wastes under the jurisdiction of the energy facility
				site evaluation council.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, recodified as §
										463-74-020, filed 10/11/04, effective 11/11/04.
				  Statutory Authority:
				  RCW 80.50.040(1). 83-01-127
				  (Order 82-5), § 463-40-020, filed
				  12/22/82.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-74 - Dangerous wastes › Section 463-74-030 - Regulations

Current through Register Vol. 24-14, July 15, 2024
Notwithstanding the provisions of WAC
				173-303-801, to the extent of
				their applicability and appropriateness, the provisions of chapter 173-303 WAC
				shall apply to the on-site activities, at energy facilities subject to this
				chapter, which involve the generation, storage, transportation, treatment or
				disposal of dangerous wastes.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, recodified as §
										463-74-030, filed 10/11/04, effective 11/11/04.
				  Statutory Authority:
				  RCW 80.50.040(1). 83-01-127
				  (Order 82-5), § 463-40-030, filed
				  12/22/82.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-74 - Dangerous wastes › Section 463-74-040 - Monitoring and enforcement

Current through Register Vol. 24-14, July 15, 2024
The council will contract with the department of ecology for
				the monitoring activities for dangerous wastes regulated by this chapter under
				a certification agreement. As a result of said monitoring activities, DOE shall
				report to the council any activity by a permittee which in its judgment
				requires the initiation of appropriate enforcement activities by the council.
				The council shall then take or initiate action to enforce the terms of any
				certification agreement. This in no way shall restrict any enforcement by other
				public agencies and officials under existing law. If the department of ecology
				determines that immediate action is needed to enforce the act or any statute or
				regulation derived therefrom, it shall report immediately to the chairman who
				shall initiate such immediate enforcement action as may be necessary. Such
				action shall remain in effect until confirmed or modified by the
				council.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, amended and recodified as § 463-75-040, filed 10/11/04,
				  effective 11/11/04. Statutory Authority:
				  RCW 80.50.040(1). 83-01-127
				  (Order 82-5), § 463-40-040, filed
				  12/22/82.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-76 - Regulations for compliance with NPDES permit program › Section 463-76-005 - Purpose

Current through Register Vol. 24-14, July 15, 2024
(1) This chapter establishes regulations
			 specifying procedures and other rules which will be utilized by the council in
			 implementing section 402 of the Federal Water Pollution Control Act, as
			 amended,  33 U.S.C. 1251  et seq.
(2)
			 The purpose of these regulations is to establish a state permit program,
			 applicable to the discharge of pollutants and other wastes and materials to the
			 surface waters of the state, which complies with the requirements of chapters
			 80.50 and 90.48 RCW, EPA, and applicable state laws and regulations through the
			 issuance of individual permits or coverage under storm water general permits
			 issued by the department of ecology.
(3) These regulations apply to:
(a) Any energy facility for which a
			 certification agreement has been executed pursuant to chapter 80.50 RCW et
			 seq.; and
(b) Any energy facility
			 for which an application has been filed with the council for certification
			 pursuant to chapter 80.50 RCW et seq.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-76 - Regulations for compliance with NPDES permit program › Section 463-76-010 - Definitions

Current through Register Vol. 24-14, July 15, 2024
As used in this chapter, the following terms shall have the
				meanings indicated below:
(1) "Act"
			 means the Federal Water Pollution Control Act (FWPCA) as amended,  (33 U.S.C.
			 1251, et seq.).
(2) "Administrator"
			 means the administrator of the United States Environmental Protection
			 Agency.
(3) "Applicable water
			 quality standards" means all water quality standards of the state of Washington
			 to which a discharge is subject under state and federal law including, but not
			 limited to, those which are codified in chapters 173-200, 173-201A, and 173-204 WAC, and  40 C.F.R. 131.36.
(4)
			 "Applicant" shall mean any person who has applied for an NPDES permit pursuant
			 to this chapter.
(5) "Certification
			 agreement" means that binding site certification agreement executed between an
			 applicant under chapter 80.50 RCW and the state, and shall contain the
			 conditions set forth in the NPDES permit to be met prior to or concurrent with
			 the construction or operation of any energy facility coming under chapter 80.50 RCW.
(6) "Chair" means the chairman
			 of the energy facility site evaluation council.
(7) "Contiguous zone" means the entire zone
			 established or to be established by the United States under Article 24 of the
			 Convention of the Territorial Sea and the Contiguous Zone.
(8) "Council" means the Washington state
			 energy facility site evaluation council.
(9) "Council manager" means the individual
			 holding the position of manager of the council.
(10) "Discharge of pollutant" and the term
			 "discharge of pollutants" each mean:
(a) Any
			 addition of any pollutant or combination of pollutants to surface waters of the
			 state from any point source;
(b)
			 Any addition of any pollutant or combination of pollutants to the waters of the
			 contiguous zone or the ocean from any point source.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-76 - Regulations for compliance with NPDES permit program › Section 463-76-025 - Authorization required

Current through Register Vol. 24-14, July 15, 2024
No waste materials or pollutants may be discharged from any
				energy facility as defined in WAC 463-76-010 into surface waters of the state,
				except as authorized pursuant to this chapter or as authorized by the council
				pursuant to its authority under chapter 80.50 RCW for coverage under a general
				permit issued by the department of ecology. In administering this chapter, the
				council will seek maximum coordination and avoid duplication between the
				council and the department of ecology pursuant to RCW  90.48.262(2).
04-23-003, recodified as §
										463-76-025, filed 11/4/04,
				  effective 11/11/04. Statutory Authority:
				  RCW  80.50.040(1) and (12).
				  04-21-013, § 463-38-025, filed 10/11/04, effective
				  11/11/04.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-76 - Regulations for compliance with NPDES permit program › Section 463-76-031 - Application filing with the council

Current through Register Vol. 24-14, July 15, 2024
(1) For each energy facility proposing to commence a discharge
				of pollutants to surface waters of the state, there shall be filed with the
				council:
(a) A complete NPDES application at the time of submitting an
				application for site certification to the council pursuant to
				RCW  80.50.071, for proposals to discharge
				wastewater or storm water to surface waters of the state. Applicants may seek
				coverage for storm water discharge associated with construction activity or
				storm water from areas located on facility lands separate from the facility's
				industrial activities, such as office buildings and accompanying parking lots,
				as long as the drainage from the excluded areas is not mixed with storm water
				drained from the areas described in WAC
				463-76-010(33) under a NPDES storm water general permit, promulgated by ecology. Any
				subsequent determination of such an NPDES application's adequacy shall not
				affect the council's finding that a complete application pursuant to RCW 80.50.070 has been received.
(b) A complete NPDES application for any energy facility and
				not covered above shall be filed either:
(i) No less than one hundred eighty days in advance of the day
				on which it desires to commence the discharge of pollutants; or
(ii) In sufficient time prior to the commencement of the
				discharge of pollutants to insure compliance with the requirements of section
				306 of the act, and other applicable water quality standards and applicable
				effluent standards and limitations.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-76 - Regulations for compliance with NPDES permit program › Section 463-76-032 - Signature form

Current through Register Vol. 24-14, July 15, 2024
(1) Applications. All permit applications shall be signed as
				follows:
(a) For a corporation. By a responsible corporate officer. For
				the purpose of this section, responsible corporate officer means:
(i) A president, secretary, treasurer, or vice-president of the
				corporation in charge of a principal business function, or any other person who
				performs similar policy or decision-making functions for the corporation;
				or
(ii) The manager of one or more manufacturing, production, or
				operating facilities, provided, the manager is authorized to make management
				decisions which govern the operation of the regulated facility including having
				the explicit or implicit duty of making major capital investment
				recommendations, and initiating and directing other comprehensive measures to
				assure long term environmental compliance with environmental laws and
				regulations; the manager can ensure that the necessary systems are established
				or actions taken to gather complete and accurate information for permit
				application requirements; and where authority to sign documents has been
				assigned or delegated to the manager in accordance with corporate
				procedures;
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-76 - Regulations for compliance with NPDES permit program › Section 463-76-033 - Tentative determination on NPDES permits

Current through Register Vol. 24-14, July 15, 2024
(1) The council shall formulate and prepare tentative
				determinations with respect to an NPDES application in advance of public notice
				as to the proposed issuance or denial of the NPDES permit. Such tentative
				determination shall be made no later than six months after receipt of a
				complete NPDES application, or such later time as determined by the council.
				Such tentative determination shall include at least the following:
(a) A proposed determination to issue or deny an NPDES permit
				for the discharge described in the NPDES application; and
(b) If the proposed determination in paragraph 1 of this
				section is to issue the NPDES permit, the following shall be included in the
				tentative determination:
(i) Proposed effluent limitations, identified pursuant to WAC
				463-76-053(1);
				and
(ii) A brief description of any other proposed special
				conditions (other than those required pursuant to WAC
				463-76-055)  which will have a
				significant impact upon the discharges described in the NPDES
				application.