reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-220 - National Pollutant Discharge Elimination System permit program › Section 173-220-240 - Relationship of department of ecology to permits issued by the energy facility site evaluation council

Current through Register Vol. 24-14, July 15, 2024
(1) The energy facility site evaluation
			 council (EFSEC) shall be the state agency to receive applications for, issue,
			 and modify permits for energy facilities subject to
			 chapter
			 80.50 RCW. Processing of
			 such applications shall be controlled by chapter 463-38 WAC. Application for
			 issuance and modification of permits for all other energy facilities shall be
			 the responsibility of the department.
(2) Monitoring, recording, and reporting
			 activities required of operators of all energy facilities by the terms of a
			 permit issued by EFSEC shall be supervised and enforced by the
			 department.
(3) The department
			 shall carry on an inspection program for the periodic inspection (to be
			 performed not less than once every year) of discharges of pollutants from
			 energy facilities authorized by a permit issued by EFSEC. Such inspections
			 shall determine compliance or noncompliance with issued permits and, in
			 particular, compliance or noncompliance with specific effluent limitations and
			 schedules of compliance in such permits.
(4) The department shall carry on a
			 surveillance program with respect to energy facility discharges for the random
			 sampling and analysis of the discharge for the purpose of identifying
			 occasional and continuing violations of permit conditions and the accuracy of
			 information submitted by permittees in reporting forms.
(5) Enforcement activities regarding the
			 NPDES program, including the levying of civil and criminal fines pertaining to
			 all thermal power plants, whether the permit is issued by the department or
			 EFSEC, shall be undertaken by the department, EFSEC, the attorney general, or
			 the prosecuting attorney, as appropriate.
(6) Nothing in this section shall authorize
			 the department to undertake enforcement or monitoring activities in a manner
			 not consistent with the terms and conditions of any EFSEC-issued NPDES
			 permit.
Statutory Authority:
				  RCW
				  90.48.035 and
				  90.48.260. 82-24-078 (Order DE
				  82-39), § 173-220-240, filed 12/1/82; Order DE 74-1, § 173-220-240,
				  filed 2/15/74.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-221 - Discharge standards and effluent limitations for domestic wastewater facilities › Section 173-221-010 - Purpose and scope

Current through Register Vol. 24-14, July 15, 2024
(1)
			 The purpose of this chapter is to implement
			 RCW
			    43.21A.010,
			 90.48.010, and
			 90.52.040 by setting discharge
			 standards which represent "all known, available, and reasonable methods" of
			 prevention, control, and treatment for domestic wastewater facilities which
			 discharge to waters of the state. This chapter supplements WAC
			 173-220-130. Guidelines or
			 policies of the department not included in this chapter are not affected by
			 this chapter, except that if such guidelines or policies are in conflict, the
			 requirements of this chapter shall take precedence.
(2) This chapter also supplements  40 C.F.R.
			 Part 133 ; Secondary Treatment Regulation. Wherever this chapter is more
			 stringent than the federal regulation, the requirements of this chapter shall
			 take precedence.
Statutory Authority:
				  RCW
				  90.48.035 and
				  90.48.260. 87-23-020 (Order
				  87-26), § 173-221-010, filed
				  11/12/87.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-221 - Discharge standards and effluent limitations for domestic wastewater facilities › Section 173-221-020 - Policy

Current through Register Vol. 24-14, July 15, 2024
Waters of the state shall be of the highest possible quality.
				Regardless of the quality of the waters of the state, all wastes and other
				materials and substances proposed for discharge into said waters shall be
				provided with all known, available, and reasonable methods of treatment prior
				to discharge. Even though standards of quality established for the waters of
				the state would not be violated, wastes and other materials and substances
				shall not be allowed to enter such waters which will reduce the existing
				quality thereof, except (1) in those situations where it is clear that
				overriding considerations of the public interest will be served, and (2) they
				receive all known, available, and reasonable methods of treatment prior to
				discharge.
Statutory Authority:
				  RCW
				  90.48.035 and
				  90.48.260. 87-23-020 (Order
				  87-26), § 173-221-020, filed
				  11/12/87.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-221 - Discharge standards and effluent limitations for domestic wastewater facilities › Section 173-221-030 - Definitions

Current through Register Vol. 24-14, July 15, 2024
As used in this chapter, unless the context indicates
				otherwise:
(1) "Seven-day average"
			 means the arithmetic mean of pollutant parameter values for samples collected
			 in a period of seven consecutive days. The department may use pollutant
			 parameter values for samples collected in a calendar week for determining
			 compliance with permit conditions.
(2) "Thirty-day average" means the arithmetic
			 mean of pollutant parameter values for samples collected in a period of thirty
			 consecutive days. The department may use pollutant parameter values for samples
			 collected in a calendar month for determining compliance with permit
			 conditions.
(3) "BOD" means
			 five-day biochemical oxygen demand.
(4) "CBOD" means five-day carbonaceous
			 biochemical oxygen demand.
(5)
			 "Combined sewer" means a sewer which has been designed to serve as a sanitary
			 sewer and a storm sewer, and into which inflow is allowed by local
			 ordinance.
(6) "Department" means
			 the Washington department of ecology.
(7) "Director" means the director of the
			 Washington department of ecology.
(8) "Discharge standard" means a minimum
			 performance requirement established in regulation by the department. Effluent
			 limitations for a pollutant parameter shall not be less stringent than the
			 applicable discharge standard.
(9)
			 "Domestic wastewater" means water carrying human wastes, including kitchen,
			 bath, and laundry wastes from residences, buildings, industrial establishments,
			 or other places, together with such groundwater infiltration or surface waters
			 as may be present.
(10) "Domestic
			 wastewater facility" means all structures, equipment, or processes required to
			 collect, carry away, treat, reclaim, or dispose of domestic wastewater together
			 with such industrial waste as may be present. In the case of subsurface sewage
			 treatment and disposal, the term is restricted to mean those facilities
			 treating and disposing of domestic wastewater only from:
(a) A septic tank system with subsurface
			 sewage treatment and disposal and an ultimate design capacity exceeding
			 fourteen thousand five hundred gallons per day at any common point;
			 or
(b) A mechanical treatment
			 system or lagoon followed by subsurface disposal with an ultimate design
			 capacity exceeding three thousand five hundred gallons per day at any common
			 point.
Where the proposed system utilizing subsurface disposal has
				received a state construction grant or a federal construction grant under the
				Federal Water Pollution Control Act as amended, such system is a "domestic
				wastewater facility" regardless of size.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-221 - Discharge standards and effluent limitations for domestic wastewater facilities › Section 173-221-040 - Domestic wastewater facility discharge standards

Current through Register Vol. 24-14, July 15, 2024
(1) Except as allowed under WAC
			 173-221-050, domestic wastewater
			 facilities which discharge to surface waters shall not exceed a thirty-day
			 average of 30 milligrams per liter (mg/L) BOD, 30 mg/L TSS. Seven-day averages
			 shall not exceed 45 mg/L BOD, 45 mg/L TSS. Additionally, the thirty-day average
			 percent removals of BOD and TSS shall not be less than eight-five percent of
			 influent concentrations.
(2) Fecal
			 coliform limits shall not exceed a monthly geometric mean of 200 organisms/100
			 milliliters (mL), and a weekly geometric mean of 400 organisms per 100
			 mL.
(3) The effluent pH value shall
			 be between 6.0 and 9.0 standard units unless the permittee demonstrates that:
(a) Inorganic chemicals are not added to the
			 waste stream as part of the treatment process; and
(b) Contributions from industrial sources do
			 not cause the pH of the effluent to be less than 6.0 or greater than 9.0;
			 and
(c) The discharge does not
			 cause water quality violations outside of an approved dilution zone.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-221 - Discharge standards and effluent limitations for domestic wastewater facilities › Section 173-221-050 - Alternative domestic wastewater facility discharge standards and effluent limitations

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Alternative discharge standards for trickling filters which were constructed
			 and/or expanded prior to November 1984 are:
(a) Up to a thirty-day average of 45 mg/L
			 BOD, 45 mg/L TSS. Seven-day averages shall not exceed 65 mg/L BOD, 65 mg/L TSS.
			 In addition, the thirty-day average percent removals of BOD and TSS shall not
			 be less than sixty-five percent of influent concentrations;
(b) Notwithstanding (a) of this subsection,
			 not any less stringent than "effluent concentrations consistently achievable
			 through proper operation and maintenance" of the wastewater facility based on
			 an analysis of the past performance, the design, and the design capacity of the
			 wastewater facility;
(c) Fecal
			 coliform and pH discharge standards are as established in WAC
			 173-221-040.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-221 - Discharge standards and effluent limitations for domestic wastewater facilities › Section 173-221-100 - Severability

Current through Register Vol. 24-14, July 15, 2024
If any provision of this chapter or the application thereof to
				any person or circumstance is held invalid, such invalidity shall not affect
				other provisions or applications of this chapter which can be given effect
				without the invalid provision or application.
Statutory Authority:
				  RCW
				  90.48.035 and
				  90.48.260. 87-23-020 (Order
				  87-26), § 173-221-100, filed
				  11/12/87.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-221A - Wastewater discharge standards and effluent limitations › Section 173-221A-010 - Purpose and scope

Current through Register Vol. 24-14, July 15, 2024
This chapter implements
				chapters
				43.21A,
				90.48, 90.52, and
				90.54 RCW by setting minimum
				discharge standards which represent "known, available, and reasonable methods"
				of prevention, control, and treatment for industrial wastewater facilities that
				discharge to waters of the state. This chapter supplements WAC
				173-216-110,
				173-218-100, and
				173-220-130.
Statutory Authority:
				  Chapter
				  90.48 RCW. 90-14-078
				  (Order 90-11), § 173-221A-010, filed 7/3/90, effective
				  8/3/90.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-221A - Wastewater discharge standards and effluent limitations › Section 173-221A-020 - Policy

Current through Register Vol. 24-14, July 15, 2024
Waters of the state shall be of the high quality. Regardless of
				the quality of the waters of the state, all wastes and other materials and
				substances proposed for entry into said waters shall be provided with all
				known, available, and reasonable methods of treatment prior to entry.
				Notwithstanding that standards of quality established for waters of the state
				would not be violated, wastes and other materials and substances 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
				the public interest will be served.
Statutory Authority:
				  Chapter
				  90.48 RCW. 90-14-078
				  (Order 90-11), § 173-221A-020, filed 7/3/90, effective
				  8/3/90.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-221A - Wastewater discharge standards and effluent limitations › Section 173-221A-030 - Definitions

Current through Register Vol. 24-14, July 15, 2024
As used in this chapter, unless the context indicates
				otherwise:
"Department" means the department of ecology.
"Director" means the director of the department of ecology, or
				designee.
"General NPDES permit" means a permit designed to cover
				multiple dischargers of a point source category within a designated
				geographical area, in lieu of individual permits being issued to each
				discharger.
"Individual NPDES permit" means a permit for a single point
				source or a single facility.
"Marine finfish rearing facilities" means those private and
				public facilities located within the salt water of the state where finfish are
				fed, nurtured, held, maintained, or reared to the size of release or for market
				sale.
"NPDES" means National Pollutant Discharge Elimination
				System.
"Permit or wastewater discharge permit" means an authorization,
				license, or equivalent control document issued by the department to implement
				chapters 173-220, 173-226, and/or 173-216 WAC.
"Sediment quality standards" means the standards set forth in
				chapter 173-204 WAC.
"Upland finfish facility" means those facilities not located
				within waters of the state where finfish are hatched, fed, nurtured, held,
				maintained, or reared to reach the size of release or for market sale. This
				includes fish hatcheries, rearing ponds, spawning channels, and other similarly
				constructed or fabricated public or private facility.
"Wastewater" means the water or liquid carried waste. These
				wastes may result from any process or activity, including but not limited to,
				of industry, manufacturer, trade, business, development of any natural
				resource, or from animal operations such as feed lots, poultry houses, dairies,
				or fish rearing operations. The term also includes contaminated storm water and
				leachate from solid waste facilities.
"Water quality standards" means as applicable: Chapter 173-201A
				WAC for surface waters, chapter 173-200 WAC for groundwaters, and chapter
				173-204 WAC for sediment.
"Waters of the state" includes those waters as defined as
				"waters of the United States" in
				40 C.F.R.
				122.2 within the geographic boundaries of
				Washington state and "waters of the state" as defined in
				RCW
				   90.48.020.
"40 C.F.R." means
				Title
				40 of the Code of Federal
				Regulations, as presently promulgated and subsequently amended or
				repromulgated.
Statutory Authority:
				  RCW
				  90.48.220. 95-22-079 (Order 93-26), §
				  173-221A-030, filed 10/31/95, effective 12/1/95. Statutory Authority:
				  Chapter
				  90.48 RCW. 90-14-078
				  (Order 90-11), § 173-221A-030, filed 7/3/90, effective
				  8/3/90.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-221A - Wastewater discharge standards and effluent limitations › Section 173-221A-100 - Upland finfish facilities

Current through Register Vol. 24-14, July 15, 2024
(1)
Which types of upland finfish
			 facilities need a wastewater discharge permit?
(a) A permit is required for:
(i) All facilities which produce more than
			 20,000 net pounds of finfish a year; or
(ii) Feeds more than 5,000 pounds of fish
			 food during any calendar month; or
(iii) Is designated as a significant
			 contributor of pollution by the department in accordance with
			 40 C.F.R.
			 122.24.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-221A - Wastewater discharge standards and effluent limitations › Section 173-221A-110 - Marine finfish rearing facilities

Current through Register Vol. 24-14, July 15, 2024
(1) This rule sets waste discharge standards
			 for finfish rearing facilities located within marine waters as required by
			 RCW
			    90.48.220. Net-pens, floating raceways,
			 closed bag, and barge systems are some examples of finfish rearing facilities
			 covered by this section.
(2)
Which types of marine finfish rearing facilities need a wastewater
			 discharge permit?
(a) A permit is
			 required for:
(i) All facilities which
			 produce more than 20,000 net pounds of finfish a year; or
(ii) Feeds more than 5,000 pounds of fish
			 food during any calendar month; or
(iii) Is designated as a significant
			 contributor of pollution by the department in accordance with
			 40 C.F.R.
			 122.24.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-221A - Wastewater discharge standards and effluent limitations › Section 173-221A-150 - Enforcement

Current through Register Vol. 24-14, July 15, 2024
This chapter shall be enforced through all legal, equitable,
				and other methods available to the department, including, but not limited to
				those described in
				chapter
				90.48
				RCW.
Statutory Authority:
				  Chapter
				  90.48 RCW. 90-14-078
				  (Order 90-11), § 173-221A-150, filed 7/3/90, effective
				  8/3/90.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-224 - Water quality permit fees › Section 173-224-015 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to establish a fee system for
				state waste discharge and NPDES permits issued by the department pursuant to
				RCW
				   90.48.160,
				90.48.162, or
				90.48.260.
				RCW
				   90.48.465 directs the department to base fees
				on factors related to the complexity of permit issuance and compliance and to
				assess fees to fully recover, but not exceed the costs of the permit program
				based on expenses incurred in the issuance and comprehensive administration of
				state waste discharge and NPDES permits. Fee amounts contained in this chapter
				represent the department's true estimate of fee eligible permit program costs
				and reflect the department's commitment to fully recover all eligible expenses.
				Fee amounts in this chapter for fiscal year 2025 remain in effect for
				subsequent fiscal years until this chapter is amended. The department shall
				continue to examine the feasibility of adopting alternative permit fee systems.
				Any alternative fee system, such as variable permit fees, shall ensure
				continued full recovery of eligible program costs and may be based on pollutant
				loading and toxicity and may be designed to encourage recycling and reduction
				of the quantity of pollutants.
Statutory Authority:
				  Chapter
				  90.48 RCW. 92-03-131
				  (Order 91-45), § 173-224-015, filed 1/21/92, effective 2/21/92. Statutory
				  Authority:
				  Chapter
				  43.21A RCW. 89-12-027 and
				  90-07-015 (Order 89-8 and 89-8A), § 173-224-015, filed 5/31/89 and
				  3/13/90, effective 4/13/90.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-224 - Water quality permit fees › Section 173-224-020 - Applicability

Current through Register Vol. 24-14, July 15, 2024
This chapter applies to all persons holding or applying for a
				state waste discharge or NPDES permit issued by the department pursuant to
				RCW
				   90.48.160,
				90.48.162, or
				90.48.260, including persons
				holding permits that remain in effect under WAC
				173-216-040,
				173-220-180, or
				173-226-050. This chapter does
				not apply when a wastewater discharge permit is written for a state conducted
				remedial action under the Model Toxics Control Act. That is, ecology may not
				charge itself for wastewater discharge permits written for sites where the
				agency is conducting a cleanup.
Statutory Authority:
				  Chapter
				  90.48 RCW. 94-10-027
				  (Order 93-08), § 173-224-020, filed 4/28/94, effective 5/29/94; 92-03-131
				  (Order 91-45), § 173-224-020, filed 1/21/92, effective 2/21/92. Statutory
				  Authority:
				  Chapter
				  43.21A RCW. 89-12-027 and
				  90-07-015 (Order 89-8 and 89-8A), § 173-224-020, filed 5/31/89 and
				  3/13/90, effective 4/13/90.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-224 - Water quality permit fees › Section 173-224-060 - Permits issued by other governmental agencies

Current through Register Vol. 24-14, July 15, 2024
The department shall not charge permit fees for:
(1) Permits issued by a city, town, or
			 municipal corporation under
			 RCW
			    90.48.165;
(2) Permits issued by the energy facilities
			 site evaluation council under
			 RCW
			    80.50.071;
(3) Permits administered by the EPA under
			 33 U.S.C.
			 1251 et seq.
(4) Nothing herein shall restrict the
			 department from assessing fees to recover administrative expenses of permits it
			 issues under
			 RCW
			    90.48.160 for discharges into municipal sewer
			 systems, nor for charging fees to recover administrative expenses related to
			 monitoring compliance with delegated pretreatment programs.
Statutory Authority:
				  Chapter
				  43.21A RCW. 89-12-027 and
				  90-07-015 (Order 89-8 and 89-8A), § 173-224-060, filed 5/31/89 and
				  3/13/90, effective 4/13/90.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-224 - Water quality permit fees › Section 173-224-080 - Transfer of permit coverage

Current through Register Vol. 24-14, July 15, 2024
In the event a permit is transferred, the department shall not
				refund permit fees. Fees paid by a previous permit holder shall be applied to
				the corresponding fee payment requirements of a new permit holder. Unpaid
				permit fees owed by a previous permit holder are the liability of a new permit
				holder. Fee agreements between a new and previous permit holder are not binding
				on the department.
Statutory Authority:
				  Chapter
				  43.21A RCW. 89-12-027 and
				  90-07-015 (Order 89-8 and 89-8A), § 173-224-080, filed 5/31/89 and
				  3/13/90, effective 4/13/90.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-224 - Water quality permit fees › Section 173-224-090 - Permit fee reductions

Current through Register Vol. 24-14, July 15, 2024
Facilities covered under the construction stormwater general
				and individual permits, and the industrial stormwater general permits are not
				eligible to apply for a fee reduction under this section.
(1) Market research and development.
(a) To qualify for the market research and
			 development fee reduction, the permit holder must be:
(i) A research facility with the primary
			 purpose of researching market viability for products or processes that reduce
			 or eliminate wastewater pollutants or wastewater pollutant generating
			 activity;
(ii) Covered under an
			 individual permit issued within the past three fiscal years; and
(iii) Assessed a fee under an established fee
			 category, excluding facility not otherwise classified.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-224 - Water quality permit fees › Section 173-224-100 - Administrative appeals to the department

Current through Register Vol. 24-14, July 15, 2024
Any person aggrieved by a determination made under this chapter
				by the department may file a written appeal to the department no later than
				each fiscal year's first billing due date for payment of fees. Such appeal
				shall state the reasons that the aggrieved person believes that the
				department's determination is contrary to the requirements of
				RCW
				   90.48.465, and specific actions they are
				requesting that are consistent with those requirements. The department shall
				either issue a revised determination or a statement upholding the original
				determination. A revised determination shall be consistent with the
				requirements of
				RCW
				   90.48.465. Any person feeling aggrieved by
				the administrative appeals decision made by the department regarding their
				permit fee may obtain review thereof by filing an appeal with the pollution
				control hearings board, within 30 days of receipt of the department's decision.
				In addition, a copy of the appeal must be served on the Department of Ecology,
				Attention: Water Quality Program Permit Fee Unit, P.O. Box 47600, Olympia,
				Washington 98504-7696, within 30 days of receipt. These procedures are
				consistent with the provisions of chapter 43.21B RCW and the rules and
				regulations adopted thereunder.
Statutory Authority:
				  Chapter
				  90.48 RCW. 08-16-109
				  (Order 08-05), § 173-224-100, filed 8/5/08, effective 9/5/08. Statutory
				  Authority:
				  Chapter
				  90.48 RCW. 94-10-027
				  (Order 93-08), § 173-224-100, filed 4/28/94, effective 5/29/94; 92-03-131
				  (Order 91-45), § 173-224-100, filed 1/21/92, effective 2/21/92. Statutory
				  Authority:
				  Chapter
				  43.21A RCW. 89-12-027 and
				  90-07-015 (Order 89-8 and 89-8A), § 173-224-100, filed 5/31/89 and
				  3/13/90, effective 4/13/90.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-224 - Water quality permit fees › Section 173-224-110 - Deposits

Current through Register Vol. 24-14, July 15, 2024
The department shall deposit permit fee payments in the water
				quality permit account in the state treasury. Funds collected shall not be
				available for use by the department until appropriated by the
				legislature.
Statutory Authority:
				  Chapter
				  43.21A RCW. 89-12-027 and
				  90-07-015 (Order 89-8 and 89-8A), § 173-224-110, filed 5/31/89 and
				  3/13/90, effective 4/13/90.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-225 - Federal Water Pollution Control Act - Establishment of implementation procedures of application for certification › Section 173-225-010 - Introduction

Current through Register Vol. 24-14, July 15, 2024
Section 401 of the Federal Water Pollution Control Act (FWPCA)
				provides that applicants for a license or permit from the federal government
				relating to any activity which may result in any discharge into the navigable
				waters shall obtain a certification from the state in which the discharge
				originates, or will originate, that any such discharge will comply with the
				applicable provisions of sections 301, 302, 306, and 307 of the FWPCA. The
				department of ecology, under
				chapter
				90.48 RCW, has been
				designated as the state water pollution control agency for all purposes of the
				FWPCA, and is authorized to participate fully in the programs of that act as
				well as to take all action necessary to meet the requirements
				thereof.
Order 73-29, § 173-225-010, filed
				  11/15/73.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-225 - Federal Water Pollution Control Act - Establishment of implementation procedures of application for certification › Section 173-225-020 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this regulation is to establish procedures for
				public notice and public hearings in relation to the processing of applications
				for certification required by section 401 of the FWPCA.
Order 73-29, § 173-225-020, filed
				  11/15/73.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-225 - Federal Water Pollution Control Act - Establishment of implementation procedures of application for certification › Section 173-225-030 - Public notice and public hearings

Current through Register Vol. 24-14, July 15, 2024
Whenever an application for certification required by section
				401 of FWPCA is filed with the department of ecology, the following procedures
				pertaining to public notice and public hearings shall apply:
(1) Public notice of an application shall be
			 performed in relation to all applications, as follows:
(a) By mailing notice of the application for
			 certification to persons and organizations who have requested the same and to
			 all others deemed appropriate; and
(b) When determined by the department as
			 desirable in the public interest, by publication of a notice twice, once each
			 on the same day of the week in two consecutive weeks, in a newspaper of general
			 circulation in the county in which the activity described in the application is
			 located, and in such other counties as are deemed appropriate by the
			 department. The applicant for a certification shall be required to cause such
			 notice to be published in a form approved by the department and the applicant
			 shall bear the cost of such publication and provide an affidavit of publication
			 to the department.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-226 - Waste discharge general permit program › Section 173-226-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to establish a state general
				permit program, applicable to the discharge of pollutants, wastes, and other
				materials to waters of the state, including discharges to municipal sewerage
				systems. Permits issued under this chapter are designed to satisfy the
				requirements for discharge permits under sections 307 and 402(b) of the federal
				Water Pollution Control Act (33 U.S.C. §
									1251) and the state law governing
				water pollution control (chapter 90.48 RCW).
Statutory Authority:
				  Chapter
				  90.48 RCW. 93-10-099
				  (Order 92-55), § 173-226-010, filed 5/5/93, effective
				  5/19/93.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-226 - Waste discharge general permit program › Section 173-226-020 - Permit required

Current through Register Vol. 24-14, July 15, 2024
No pollutants shall be discharged to waters of the state from
				any point source, except as authorized by an individual permit issued pursuant
				to chapters 173-216 and 173-220 WAC, or as authorized through coverage under a
				general permit issued pursuant to this chapter. Coverage under a valid general
				permit issued prior to the existence of this chapter will satisfy the permit
				requirements of this section.
Statutory Authority:
				  Chapter
				  90.48 RCW. 93-10-099
				  (Order 92-55), § 173-226-020, filed 5/5/93, effective
				  5/19/93.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-226 - Waste discharge general permit program › Section 173-226-040 - Relationship to chapters 173-216 and 173-220 WAC

Current through Register Vol. 24-14, July 15, 2024
This chapter defines a waste discharge general permit program
				within Washington state. Chapters 173-216 and 173-220 WAC define and establish
				permit programs for the development and issuance of individual
				permits.
Statutory Authority:
				  Chapter
				  90.48 RCW. 93-10-099
				  (Order 92-55), § 173-226-040, filed 5/5/93, effective
				  5/19/93.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-226 - Waste discharge general permit program › Section 173-226-050 - General permit coverage

Current through Register Vol. 24-14, July 15, 2024
(1)
			 The director may issue general permits to satisfy any or all of the waste water
			 discharge permit requirements of
			 chapter
			 90.48 RCW and the
			 FWPCA.
(2) The director may issue
			 general permits to cover categories of dischargers for geographic areas as
			 described under subsection (3) of this section. The area shall correspond to
			 existing geographic or political boundaries, such as:
(a) Designated planning areas under section
			 208 or 303 of the FWPCA;
(b) Sewer
			 districts or other special purpose districts;
(c) City, county, or state political
			 boundaries;
(d) State or county
			 highway systems;
(e) Standard
			 metropolitan statistical areas as defined by the federal Office of Management
			 and Budget;
(f) Urbanized areas as
			 designated by the Bureau of the Census; or
(g) Any other appropriate division or
			 combination of boundaries.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-226 - Waste discharge general permit program › Section 173-226-060 - General permit preparation - Preliminary determination

Current through Register Vol. 24-14, July 15, 2024
(1) For all general permits, the department
			 shall make a preliminary determination to develop a general permit. Interested
			 persons may petition the director requesting that a category of dischargers be
			 considered for the development of a general permit. The department shall
			 respond to such a petition within ninety days of receipt.
(2) The department shall provide public
			 notice of all preliminary determinations to develop a general permit pursuant
			 to WAC 173-226-130(1).
(3) In the event that the department
			 determines not to develop a general permit after publishing a preliminary
			 determination pursuant to WAC
			 173-226-130(2),
			 the department shall provide public notice to that effect in the same manner as
			 the preliminary determination public notice was provided.
Statutory Authority:
				  Chapter
				  90.48 RCW. 93-10-099
				  (Order 92-55), § 173-226-060, filed 5/5/93, effective
				  5/19/93.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-226 - Waste discharge general permit program › Section 173-226-070 - Permit effluent limitations

Current through Register Vol. 24-14, July 15, 2024
Any general permit issued by the department shall apply and
				insure compliance with all of the following, whenever applicable:
(1) Technology-based treatment requirements
			 and standards reflecting all known, available, and reasonable methods of
			 prevention, treatment, and control required under
			 RCW
			    90.48.010,
			 90.48.520,
			 90.52.040, and
			 90.54.020 may be imposed through
			 any or all of the following methods:
(a)
			 Effluent limitations and standards promulgated pursuant to sections 301, 302,
			 306, and 307 of the FWPCA;
(b)
			 Discharge standards contained in chapters 173-221 and 173-221A WAC;
(c) On a case-by-case basis under section 402
			 of the FWPCA; and/or
(d) Through
			 the use of best management practices.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-226 - Waste discharge general permit program › Section 173-226-090 - Monitoring, recording, and reporting

Current through Register Vol. 24-14, July 15, 2024
(1) Monitoring.
(a) Any discharge authorized by a general
			 permit may be subject to such monitoring requirements as may be reasonably
			 required by the department, including the installation, use, and maintenance of
			 monitoring equipment or methods (including, where appropriate, biological
			 monitoring methods). These monitoring requirements would normally include but
			 are not limited to:
(i) Flow (in gallons per
			 day or other appropriate units);
(ii) All pollutants on which limitations have
			 been placed pursuant to WAC
			 173-226-070;
(iii) Pollutants (either directly or
			 indirectly through the use of accepted correlation coefficients or equivalent
			 measurements) that are subject to reduction or elimination under the terms and
			 conditions of the permit;
(iv)
			 Pollutants that the department finds could have a significant impact on the
			 quality of waters and sediments of the state; and
(v) Pollutants specified by the
			 administrator, in regulations issued pursuant to the FWPCA, as subject to
			 monitoring.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-226 - Waste discharge general permit program › Section 173-226-100 - Prohibited discharges

Current through Register Vol. 24-14, July 15, 2024
(1) No
			 general permit issued by the department shall authorize any person to:
(a) Discharge any radiological, chemical, or
			 biological warfare agent or high-level radioactive waste into waters of the
			 state;
(b) Discharge any pollutants
			 that the Secretary of the Army acting through the Chief, Corps of Engineers,
			 finds would substantially impair anchorage and navigation;
(c) Discharge any pollutant which the
			 regional administrator, not having waived his/her right to object pursuant to
			 section 402(e) of the FWPCA, has objected in writing pursuant to section 402(d)
			 of the FWPCA;
(d) Discharge any
			 pollutant in conflict with plans or amendment thereto approved pursuant to
			 section 208(b) of the FWPCA;
(e)
			 Discharge any pollutant subject to a toxic pollutant discharge prohibition
			 under section 307 of the FWPCA; or
(f) Discharge any dangerous waste as defined
			 in the Dangerous waste regulations, chapter 173-303 WAC, into a subsurface
			 disposal system such as a well or drainfield.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-226 - Waste discharge general permit program › Section 173-226-120 - Economic impact analysis

Current through Register Vol. 24-14, July 15, 2024
(1)
			 The department shall prepare an economic impact analysis on all draft general
			 permits which are intended to directly cover small business. The economic
			 impact analysis shall be prepared on the draft general permit for which public
			 notice is being provided pursuant to WAC
			 173-226-130(3).
(2) The purpose of the economic impact
			 analysis is to reduce the economic impact of the general permit on small
			 business by doing one or more of the following when it is legal and feasible in
			 meeting the stated objectives of the FWPCA and
			 chapter
			 90.48 RCW:
(a) Establishing differing compliance or
			 reporting requirements or timetables for small businesses;
(b) Clarifying, consolidating, or simplifying
			 the compliance and reporting requirements under the general permit for small
			 businesses;
(c) Establishing
			 performance rather than design standards;
(d) Exempting small businesses from parts of
			 the general permit.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-226 - Waste discharge general permit program › Section 173-226-130 - Public notice

Current through Register Vol. 24-14, July 15, 2024
The department shall provide public notice of all preliminary
				determinations to develop a general permit, all determinations not to develop a
				general permit after publishing such a preliminary determination, all draft
				general permit determinations, and the issuance of a final general permit. All
				public notices shall be circulated in a manner designed to inform interested
				and potentially affected persons of the proposed general permit.
(1) The department shall provide public
			 notice of all preliminary determinations to develop a general permit as
			 follows:
(a) The public notice shall be
			 circulated within the geographical area of the proposed general permit. Such
			 notice may include any or all of the following:
(i) Publishing, as a paid advertisement or
			 legal notice, the department's preliminary determination in one or more major
			 local newspapers throughout the area of proposed coverage;
(ii) Issuance of news releases, focus sheets,
			 or newsletters;
(iii) Publication
			 in the
State Register
;
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-226 - Waste discharge general permit program › Section 173-226-150 - Public hearings

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 department shall hold one or more public hearing(s) on all draft general
			 permits. The public hearing shall be held during the public comment period
			 provided pursuant to WAC
			 173-226-130(3)(d).
(2) The date, time, and place will be at the
			 discretion of the department provided:
(a) At
			 least thirty days is provided between the time the public notice is published
			 pursuant to WAC
			 173-226-130(3)(a) and
			 (c), and the time the hearing is held;
			 and
(b) The hearing location is
			 within the geographical area covered by the general permit.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-226 - Waste discharge general permit program › Section 173-226-160 - Public access to information

Current through Register Vol. 24-14, July 15, 2024
(1) In accordance with chapter 42.17 RCW and
			 its published policy describing disclosure of public records, the department
			 shall make identifiable public records relating to all general permits
			 available to the public for inspection and copying.
(2) The department shall designate a general
			 permit coordinator for each general permit. The coordinator shall:
(a) Have knowledge of the general permit
			 being prepared;
(b) Maintain the
			 records associated with the development of the general permit including the
			 general permit file required pursuant to subsection (3) of this
			 section;
(c) Be identified as the
			 department contact in public notices regarding the general permit.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-226 - Waste discharge general permit program › Section 173-226-170 - Issuance of general permits

Current through Register Vol. 24-14, July 15, 2024
(1) At the close of the public comment period
			 required pursuant to WAC
			 173-226-130(3)(d) the department shall prepare a response to
			 all relevant comments received (both written and oral) and shall briefly
			 describe any changes, other than editing changes, and the principal reasons for
			 making the changes to the draft general permit.
(2) General permits shall be deemed issued
			 upon signing by the director or by a person delegated the authority to issue
			 general permits pursuant to chapter 173-06 WAC.
(3) The department shall provide public
			 notice of the issuance of all final general permits pursuant to WAC
			 173-226-130(4)(a).
(4) General permits become effective thirty
			 days after the date of publication in the
State Register
of
			 the public notice required pursuant to WAC
			 173-226-130(4)(a) unless a later date is specified by the
			 department.
Statutory Authority:
				  Chapter
				  90.48 RCW. 93-10-099
				  (Order 92-55), § 173-226-170, filed 5/5/93, effective
				  5/19/93.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-226 - Waste discharge general permit program › Section 173-226-180 - Compliance schedules

Current through Register Vol. 24-14, July 15, 2024
(1)
			 The department may establish schedules and permit conditions as necessary to
			 achieve compliance with applicable effluent standards and limitations, water
			 quality standards, and other legally applicable requirements contained in a
			 general permit in any or all of the following ways:
(a) As a condition or schedule in a general
			 permit;
(b) In an administrative
			 order issued pursuant to
			 chapter
			 90.48 RCW; and
(c) By any other method deemed appropriate by
			 the department.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-226 - Waste discharge general permit program › Section 173-226-190 - Appeals

Current through Register Vol. 24-14, July 15, 2024
(1) The terms and
			 conditions of a general permit as they apply to the appropriate class of
			 dischargers are subject to appeal within thirty days of issuance of a general
			 permit in accordance with chapter 43.21B RCW.
(2) The terms and conditions of a general
			 permit, as they apply to an individual discharger, are appealable, within
			 thirty days of the effective date of coverage of that discharger, in accordance
			 with chapter 43.21B RCW. This appeal is limited to the general permit's
			 applicability or nonapplicability to that individual discharger.
(3) The appeal of general permit coverage of
			 an individual discharger does not affect any other dischargers covered under
			 the general permit. If the terms and conditions of a general permit are found
			 to be inapplicable to any individual discharger(s), the matter shall be
			 remanded to the department for consideration of issuance of an individual
			 permit or permits.
Statutory Authority:
				  Chapter
				  90.48 RCW. 93-10-099
				  (Order 92-55), § 173-226-190, filed 5/5/93, effective
				  5/19/93.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-226 - Waste discharge general permit program › Section 173-226-200 - Applications for coverage under a general permit

Current through Register Vol. 24-14, July 15, 2024
(1) Following the public notice by the
			 department of the issuance of a general permit, or at an alternate date as
			 designated by the department, all dischargers who desire to be covered under
			 the general permit shall notify the department of that fact on a form
			 prescribed by the department no later than the following, unless a shorter
			 application period is allowed in the general permit under which coverage is
			 requested:
(a) For existing operations,
			 applications for coverage shall be submitted no later than ninety days after
			 the issuance date of the general permit under which coverage is
			 requested;
(b) For new operations,
			 applications for coverage shall be submitted no later than one hundred eighty
			 days prior to the commencement of the activity that may result in the discharge
			 to waters of the state.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-226 - Waste discharge general permit program › Section 173-226-210 - Transfer of permit coverage

Current through Register Vol. 24-14, July 15, 2024
Coverage under a general permit is automatically transferred to
				a new discharger if:
(1) A written,
			 signed agreement between the old and new discharger containing a specific date
			 for transfer of permit responsibility, coverage, and liability is submitted to
			 the director; and
(2) The director
			 does not notify the old and new discharger of the director's intent to revoke
			 coverage under the general permit. If this notice is not given, the transfer is
			 effective on the date specified in the agreement mentioned in subsection (1) of
			 this section.
Statutory Authority:
				  Chapter
				  90.48 RCW. 93-10-099
				  (Order 92-55), § 173-226-210, filed 5/5/93, effective
				  5/19/93.