reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-204 - Sediment management standards › Part III - SEDIMENT QUALITY STANDARDS › Section 173-204-300 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The sediment quality standards of WAC
				  173-204-320 through
				  173-204-340 include chemical
				  concentration criteria, biological effects criteria, human health criteria,
				  other toxic, radioactive, biological, or deleterious substances criteria, and
				  nonanthropogenically affected sediment quality criteria which are used to
				  identify sediments that have no adverse effects on biological resources, and
				  correspond to no significant health risk to humans. Designation determinations
				  using the sediment quality standards of WAC
				  173-204-320 through
				  173-204-340 shall be conducted as
				  stipulated in WAC
				  173-204-310, Sediment quality
				  standards designation procedures.
Statutory Authority:
					 Chapters
					 43.21C,
					 70.105D,
					 90.48, 90.52,
					 90.54 and 90.70 RCW. 91-08-019
					 (Order 90-41), § 173-204-300, filed 3/27/91, effective
					 4/27/91.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-204 - Sediment management standards › Part III - SEDIMENT QUALITY STANDARDS › Section 173-204-310 - Sediment quality standards designation procedures

Current through Register Vol. 24-14, July 15, 2024
Any person may use these procedures to determine a sediment's
				  designation using the applicable sediment quality standards of WAC
				  173-204-320 through
				  173-204-340. Any person who
				  designates test sediments using the procedures of this section shall meet the
				  sampling and testing plan requirements of WAC
				  173-204-600 and records
				  management requirements of WAC
				  173-204-610. Test sediments
				  designated using the procedures of this section shall be sampled and analyzed
				  using the Puget Sound protocols or other methods approved by the department,
				  and shall use an appropriate quality assurance/quality control program, as
				  determined by the department. A sediment sample that passes the initial
				  designation procedures is designated as complying with the applicable sediment
				  quality standards of WAC
				  173-204-320 through
				  173-204-340, until such time as
				  any person or the department confirms the sediment designation as failing the
				  applicable sediment quality standards of WAC
				  173-204-320 through
				  173-204-340. A sediment sample
				  that fails the initial designation procedures is designated as not complying
				  with the applicable sediment quality standards of WAC
				  173-204-320 through
				  173-204-340, until such time as
				  any person or the department confirms the sediment designation as passing the
				  applicable sediment quality standards of WAC
				  173-204-320 through
				  173-204-340. A sediment sample
				  that passes or fails the confirmatory designation procedures is designated as
				  such under the procedures of WAC
				  173-204-310. Sediments shall be
				  designated with the applicable sediment quality standards of WAC
				  173-204-320 through
				  173-204-340 as follows:
(1) Initial designation. Sediments that have
				been chemically analyzed for the applicable chemical concentration criteria of
				WAC 173-204-320 through
				173-204-340 shall be designated
				as follows:
(a) Sediments with chemical
				concentrations equal to or less than all the applicable chemical and human
				health criteria are designated as having no adverse effects on biological
				resources, and not posing a significant health threat to humans, and pass the
				applicable sediment quality standards of WAC
				173-204-320 through
				173-204-340.
(b) Sediments with chemical concentrations
				which exceed any one applicable chemical or human health criterion in WAC
				173-204-320 through
				173-204-340 are designated as
				having adverse effects on biological resources or posing significant human
				health threats, and fail the sediment quality standards of WAC
				173-204-320 through
				173-204-340, pending confirmatory
				designation.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-204 - Sediment management standards › Part III - SEDIMENT QUALITY STANDARDS › Section 173-204-315 - Confirmatory marine sediment biological tests

Current through Register Vol. 24-14, July 15, 2024
(1) The following five acute and chronic
				effects biological tests shall be used to confirm designation of Puget Sound
				marine sediments using the procedures described in WAC
				173-204-310(2).
				Use of alternate biological tests shall be subject to the review and approval
				of the department using the procedures of WAC
				173-204-130(4).
(a) Acute effects tests.
(i) Amphipod: Ten-day mortality sediment
				bioassay for the Amphipod, i.e., Rhepoxynius abronius, Ampelisca abdita, or
				Eohaustorius estuarius.
(ii)
				Larval: Any one of the following mortality/abnormality sediment bioassays:
(A) Crassostrea gigas, i.e., Pacific
				oyster;
(B) Mytilus (edulis)
				galloprovincialis, i.e., Blue mussel;
(C) Strongylocentrotus purpuratus, i.e.,
				Purple sea urchin;
(D)
				Strongylocentrotus droebachiensis, i.e., Green sea urchin; or
(E) Dendraster excentricus, i.e., Sand
				dollar.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-204 - Sediment management standards › Part III - SEDIMENT QUALITY STANDARDS › Section 173-204-320 - Marine sediment quality standards

Current through Register Vol. 24-14, July 15, 2024
(1) Goal and applicability.
(a) The sediment quality standards of this
				section shall correspond to a sediment quality that will result in no adverse
				effects, including no acute or chronic adverse effects on biological resources
				and no significant health risk to humans.
(b) The marine sediment quality standards of
				this section shall apply to marine sediments located within Puget Sound as
				defined in WAC
				173-204-200(20).
(c) Non-Puget Sound marine sediment quality
				standards. Reserved: The department shall determine on a case-by-case basis the
				criteria, methods, and procedures necessary to meet the intent of this
				chapter.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-204 - Sediment management standards › Part III - SEDIMENT QUALITY STANDARDS › Section 173-204-330 - Low salinity sediment quality standards

Current through Register Vol. 24-14, July 15, 2024
Reserved: The department shall determine on a case-by-case
				  basis the criteria, methods, and procedures necessary to meet the intent of
				  this chapter.
Statutory Authority:
					 Chapters
					 43.21C,
					 70.105D,
					 90.48, 90.52,
					 90.54 and 90.70 RCW. 91-08-019
					 (Order 90-41), § 173-204-330, filed 3/27/91, effective
					 4/27/91.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-204 - Sediment management standards › Part III - SEDIMENT QUALITY STANDARDS › Section 173-204-340 - Freshwater sediment quality standards

Current through Register Vol. 24-14, July 15, 2024
Reserved: The department shall determine on a case-by-case
				  basis the criteria, methods, and procedures necessary to meet the intent of
				  this chapter.
Statutory Authority:
					 Chapters
					 43.21C,
					 70.105D,
					 90.48, 90.52,
					 90.54 and 90.70 RCW. 91-08-019
					 (Order 90-41), § 173-204-340, filed 3/27/91, effective
					 4/27/91.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-204 - Sediment management standards › Part III - SEDIMENT QUALITY STANDARDS › Section 173-204-350 - Sediment quality standards inventory

Current through Register Vol. 24-14, July 15, 2024
(1) The department shall gather available
				data on sediments and produce an inventory of sediment sampling stations which
				pass or fail the applicable sediment quality standards of WAC
				173-204-320 through
				173-204-340. Sediment sampling
				stations which are evaluated for compliance with the sediment quality standards
				of WAC 173-204-320 through
				173-204-340 and placed on the
				inventory shall be sampled and analyzed using the Puget Sound Protocols or
				other methods approved by the department, and shall use an appropriate quality
				assurance/quality control program, as determined by the department. The
				sediment quality standards inventory produced per this section shall be used by
				the department, and made available upon request to the public and other
				federal, state, and local agencies for the following uses:
(a) To identify and target necessary source
				control activities, such as discharger monitoring, to eliminate adverse effects
				on biological resources and significant health threats to humans from sediment
				contamination;
(b) To identify
				contaminated sediment cleanup sites per the procedures in WAC
				173-204-500 through
				173-204-590;
(c) To establish sediment quality ambient
				monitoring program status and trends analyses and reports;
(d) To identify the sediment quality of areas
				proposed for dredging, in-water construction, and other actions requiring
				federal, state, and/or local permits; and
(e) To complete other uses consistent with
				the intent of this chapter, as determined by the department.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-204 - Sediment management standards › Part IV - SEDIMENT SOURCE CONTROL › Section 173-204-400 - General considerations

Current through Register Vol. 24-14, July 15, 2024
(1)
				The standards of WAC
				173-204-400 through
				173-204-420 specify a process for
				managing sources of sediment contamination. These procedures include:
(a) Evaluating the potential for a waste
				discharge to create a sediment impact;
(b) Requiring application for a sediment
				impact zone authorization;
(c)
				Verifying whether a discharge has received all known, available and reasonable
				methods of prevention, control, and treatment prior to discharge, and/or
				application of best management practices;
(d) Analysis and verification of the
				potential sediment impact;
(e)
				Determining whether the sediment impact zone would meet maximum allowable
				contamination requirements;
(f)
				Evaluating the proposed sediment impact zone in consideration of locational
				criteria;
(g) Design and/or
				constrain the sediment impact zone to be as small, and with the least
				contamination, as practicable;
(h)
				Public review of the proposed sediment impact zone authorization;
(i) Issuance of the sediment impact zone
				authorization with provisions for maintenance and closure; and
(j) Reducing and eventually eliminating the
				sediment impact zone via renewals and modifications of a sediment impact zone
				authorization.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-204 - Sediment management standards › Part IV - SEDIMENT SOURCE CONTROL › Section 173-204-410 - Sediment quality goal and sediment impact zone applicability

Current through Register Vol. 24-14, July 15, 2024
(1) Goal and
				policies.
(a) It is the established goal of
				the department to manage source control activities to reduce and ultimately
				eliminate adverse effects on biological resources and significant health
				threats to humans from sediment contamination.
(b) The stated policy of the department shall
				be to only authorize sediment impact zones so as to minimize the number, size,
				and adverse effects of all zones, with the intent to eliminate the existence of
				all such zones whenever practicable. The department shall consider the
				relationship between environmental effects, technical feasibility and cost in
				determining whether it is practicable to minimize and/or eliminate sediment
				impact zones.
(c) The department
				shall implement the standards of WAC
				173-204-400 through
				173-204-420 so as to prevent the
				creation of new contaminated sediment cleanup sites identified under WAC
				173-204-520.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-204 - Sediment management standards › Part IV - SEDIMENT SOURCE CONTROL › Section 173-204-415 - Sediment impact zones

Current through Register Vol. 24-14, July 15, 2024
The purpose of this section is to set forth the standards for
				  establishment, maintenance, and closure of sediment impact zones to meet the
				  intent of sediment quality dilution zones authorized pursuant to
				  RCW
				     90.48.520, except for sediment impact zones
				  authorized under WAC
				  173-204-410(7).
				  The department shall authorize all sediment impact zones via discharge permits
				  or other formal administrative actions.
(1) General requirements. Authorization,
				modification and renewal of a sediment impact zone by the department shall
				require compliance with the following general requirements:
(a) Permits authorizing wastewater discharges
				to surface waters of the state of Washington under authority of
				chapter
				90.48 RCW shall be
				conditioned so that the discharge receives:
(i) All known, available and reasonable
				methods of prevention, control, and treatment prior to discharge, as required
				by chapters 90.48,
				90.52, and
				90.54 RCW; and
(ii) Best management practices as stipulated
				by the department.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-204 - Sediment management standards › Part IV - SEDIMENT SOURCE CONTROL › Section 173-204-420 - Sediment impact zone maximum criteria

Current through Register Vol. 24-14, July 15, 2024
This section establishes minor adverse effects as the maximum
				  chemical contaminant concentration, maximum health risk to humans, maximum
				  biological effects level, maximum other toxic, radioactive, biological, or
				  deleterious substance level, and maximum nonanthropogenically affected sediment
				  quality level allowed within authorized sediment impact zones due to an
				  existing or proposed discharge. If the department determines that the standards
				  of this section are or will be exceeded as a result of an existing or proposed
				  discharge(s), the department shall authorize a sediment impact zone or modify a
				  sediment impact zone authorization consistent with the standards of WAC
				  173-204-400 through
				  173-204-420 such that individual
				  permit effluent limitations, requirements, and compliance time periods are
				  sufficient to meet the standards of this section as applicable.
(1) Applicability.
(a) The marine sediment impact zone maximum
				chemical criteria, and the marine sediment biological effects criteria, and the
				marine sediment human health criteria, and the marine sediment other toxic,
				radioactive, biological or deleterious substance criteria and the marine
				sediment nonanthropogenically affected sediment criteria of this section shall
				apply to marine sediments within Puget Sound.
(b) Non-Puget Sound marine sediment impact
				zone maximum criteria. Reserved: The department shall determine on a
				case-by-case basis the criteria, methods, and procedures necessary to meet the
				intent of this chapter.
(c) Low
				salinity sediment impact zone maximum criteria. Reserved: The department shall
				determine on a case-by-case basis the criteria, methods, and procedures
				necessary to meet the intent of this chapter.
(d) Freshwater sediment impact zone maximum
				criteria. Reserved: The department shall determine on a case-by-case basis the
				criteria, methods, and procedures necessary to meet the intent of this
				chapter.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-204 - Sediment management standards › Part V - SEDIMENT CLEANUP STANDARDS › Section 173-204-500 - Sediment cleanup decision process and policies

Current through Register Vol. 24-14, July 15, 2024
(1)
Applicability.
(a) This part is promulgated under the
				authority of
				chapter
				70.105D RCW, the Model
				Toxics Control Act. This part establishes requirements for identifying,
				investigating, and cleaning up a release or threatened release of a contaminant
				to sediment that may pose a threat to human health or the environment. This
				part shall be used for the purposes of
				chapter
				70.105D RCW.
(b) This part shall not be used in the
				implementation of the federal Clean Water Act (33 U.S.C. Sec. 1251). The
				sediment cleanup standards and the other cleanup criteria in this part are not
				sediment quality standards, which are established under Part III of this
				chapter, or sediment impact zone maximum criteria, which are established under
				Part IV of this chapter.
(c) This
				section describes the decision process and associated policies and principles
				governing the identification, investigation, and cleanup of contaminated
				sediment at sites under
				chapter
				70.105D RCW. If there
				are any inconsistencies between this section and a specifically referenced
				section, the specifically referenced section shall govern.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-204 - Sediment management standards › Part V - SEDIMENT CLEANUP STANDARDS › Section 173-204-510 - Identifying sediment station clusters of potential concern

Current through Register Vol. 24-14, July 15, 2024
(1)
Data
				analysis.
The department shall analyze sediment sampling data to
				identify station clusters of potential concern and station clusters of low
				concern. Station clusters of potential concern shall be further evaluated using
				the hazard assessment standards of WAC
				173-204-520. Station clusters of
				low concern shall remain on the inventory and no further cleanup action
				determinations shall be made by the department until the stations are
				reexamined per subsection (5) of this section.
(2)
Station clusters.
A station
				cluster is defined as any number of stations that are determined by the
				department to be spatially and chemically similar. For the purpose of
				identifying a station cluster of potential concern, three stations with the
				highest chemical concentration for any particular chemical or the highest
				degree of biological effects as identified in WAC 173-204-562 or
				173-204-563, as applicable are
				selected from a station cluster. This procedure may be repeated for multiple
				chemicals, recognizing that the three stations with the highest concentration
				for each particular chemical may be different and the respective areas for all
				chemicals may overlap. The department shall identify station clusters of
				potential concern using the process specified in this subsection.
(a) Identify, if available, the three
				stations within a station cluster with the highest concentration of each
				chemical identified in WAC 173-204-562 or
				173-204-563, as applicable.
(i) For each chemical identified in (a) of
				this subsection, determine the average concentration for the chemical at the
				three stations identified.
(ii) If
				the average chemical concentration for any three stations identified in (a) of
				this subsection exceeds the applicable cleanup screening level in WAC
				173-204-562 or
				173-204-563, then the station
				cluster shall be defined as a station cluster of potential concern.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-204 - Sediment management standards › Part V - SEDIMENT CLEANUP STANDARDS › Section 173-204-520 - Hazard assessment and site identification

Current through Register Vol. 24-14, July 15, 2024
(1)
Purpose.
A hazard assessment
				shall be performed to gather existing and available information to further
				characterize each station cluster of potential concern identified per WAC
				173-204-510.
(2)
Hazard assessment
				requirements.
On-site dischargers, lessees, landowners, and adjacent
				dischargers shall submit, upon the department's request, all existing and
				available information or, if determined necessary by the department, shall
				perform sampling for a known or suspected release that would enable the
				department to:
(a) Determine the concentration
				and/or areal extent and depth of sediment contamination at the station cluster
				of potential concern by:
(i) Identifying the
				contaminants exceeding the applicable sediment cleanup objectives of WAC
				173-204-562 or
				173-204-563;
(ii) Identifying individual stations within
				the station cluster of potential concern exceeding the applicable sediment
				cleanup screening levels of WAC 173-204-562 or
				173-204-563;
(iii) Identifying the level of toxicity to
				the applicable biological test organisms of WAC 173-204-562 or
				173-204-563;
(iv) Determining where the applicable
				sediment cleanup objectives of WAC 173-204-562 or
				173-204-563, for any given
				chemical, is met;
(v) Determining
				if concentrations of chemicals exist that exceed applicable cleanup screening
				levels of WAC
				173-204-560; and
(vi) Defining the location where the cleanup
				screening level as defined in WAC
				173-204-560 is not met.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-204 - Sediment management standards › Part V - SEDIMENT CLEANUP STANDARDS › Section 173-204-530 - Evaluation and listing of sites

Current through Register Vol. 24-14, July 15, 2024
(1)
Purpose.
The department
				shall prepare and maintain a list of contaminated sediment sites in the order
				of their relative risk to human health and the environment. From this list, the
				department shall select sites where action shall be taken.
(2)
Site evaluation
. The
				department shall evaluate each sediment cleanup site identified by the
				procedures in WAC
				173-204-520 on a consistent basis
				using procedures approved by the department. The purpose of the evaluation is
				to estimate, based on technical information compiled during the hazard
				assessment procedures in WAC
				173-204-520, the relative
				potential risk posed by the site to human health and the environment.
				Information obtained during the hazard assessment, shall be included in the
				site evaluation.
(3)
Considerations in site evaluation.
In conducting sediment site
				evaluations, the department shall assess both human health hazard and
				ecological hazard, and consider chemical toxicity, affected resources, and site
				characteristics for both types of hazards. The department shall also use best
				professional judgment and other information as necessary on a case-by-case
				basis to conduct site evaluations.
(4)
Site reevaluations.
The
				department may, at its discretion, reevaluate a site. To reevaluate a site, the
				department shall use any additional information within the scope of the
				evaluation criteria and best professional judgment to establish that a
				significant change should result.
(5)
Listing of sites.
(a) Contaminated sediment sites shall be
				placed on a list. The list shall describe the current status of cleanup action
				at each site.
(b) The department
				shall routinely publish and make the list available to be used in conjunction
				with a review of ongoing and proposed regulatory actions to determine where and
				when a cleanup action should be taken. The department shall also make the list
				available to landowners and dischargers at or near listed sites, and to the
				public.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-204 - Sediment management standards › Part V - SEDIMENT CLEANUP STANDARDS › Section 173-204-540 - Types of cleanup and authority

Current through Register Vol. 24-14, July 15, 2024
(1)
Purpose.
This section
				describes the authorities and administrative options that may be used to
				address a release or threatened release of a contaminant to sediment that may
				pose a threat to human health or the environment. This section also describes
				the process for selecting an appropriate authority and administrative
				option.
(2)
Authority.
This part shall apply to a release or threatened release of a contaminant to
				sediment that may pose a threat to human health or the environment. The
				department recognizes that such a release may also be addressed under other
				authorities. The department shall use best professional judgment on a
				case-by-case basis to determine the appropriate authority for addressing such a
				release. The department may initiate remedial actions under this part or may
				determine that another authority is more appropriate. When determining the
				appropriate authority, the department's decision may include the following
				considerations:
(a) Source of contaminants
				requiring cleanup including spills, dredging actions, and wastewater and/or
				storm water discharges;
(b)
				Significance of contamination threat to human health and the environment
				including the degree of contamination and types and number of
				contaminants;
(c) Public comments
				received concerning the contaminant threat to human health and the
				environment;
(d) Enforcement
				compliance history of the landowner(s) and/or discharger(s);
(e) Status of existing or pending federal,
				state, or local legal orders or administrative actions; and
(f) Size of cleanup action proposed or
				determined necessary.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-204 - Sediment management standards › Part V - SEDIMENT CLEANUP STANDARDS › Section 173-204-550 - Remedial investigation and feasibility study

Current through Register Vol. 24-14, July 15, 2024
(1)
Purpose.
The purpose of a
				remedial investigation/feasibility study is to collect, develop, and evaluate
				sufficient information regarding a site or sediment cleanup unit for the
				department to establish sediment cleanup standards and select a cleanup action
				under this part.
(2)
Scope.
The scope of a remedial investigation/feasibility study
				depends on many factors, including the nature and extent of contamination, the
				exposure pathways of concern, the natural resources potentially impacted by the
				contamination, the characteristics of the site or sediment cleanup unit, and
				the type of cleanup action alternatives likely to be evaluated under WAC
				173-204-570 through
				173-204-575. In all cases,
				sufficient information must be collected, developed, and evaluated to enable
				the department to establish sediment cleanup standards and select cleanup
				actions under this part.
(3)
Administrative requirements.
(a)
				Unless otherwise directed by the department, a remedial
				investigation/feasibility study must be completed before a cleanup action is
				selected under WAC
				173-204-570 and
				173-204-575.
(b) Before conducting a remedial
				investigation, a work plan must be submitted to and approved by the
				department.
(c) As directed by the
				department, a remedial investigation and a feasibility study may be conducted
				as separate steps in the cleanup process and submitted as separate reports or
				combined into a single step and report.
(d) Remedial investigation and feasibility
				study reports must be submitted to the department for review and
				approval.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-204 - Sediment management standards › Part V - SEDIMENT CLEANUP STANDARDS › Section 173-204-560 - Sediment cleanup standards - General requirements

Current through Register Vol. 24-14, July 15, 2024
(1)
Applicability and purpose.
This section specifies the methods for establishing sediment cleanup standards
				under chapter 70.105D RCW for sites where there
				has been a release or threatened release of contaminants to sediment.
(2)
Sediment cleanup levels.
The
				sediment cleanup level is the concentration or level of biological effects of a
				contaminant in sediment determined by the department to be protective of human
				health and the environment.
(a)
Method
				for establishing sediment cleanup levels.
The sediment cleanup level
				shall be established in accordance with the following requirements:
(i)
Initial level.
The sediment
				cleanup level shall initially be established at the sediment cleanup
				objective;
(ii)
Upward
				adjustments.
The sediment cleanup level may be adjusted upward from the
				sediment cleanup objective based on the following site-specific factors:
(A) Whether it is technically possible to
				achieve the sediment cleanup level at the applicable point of compliance within
				the site or sediment cleanup unit; and
(B) Whether meeting the sediment cleanup
				level will have a net adverse environmental impact on the aquatic environment,
				taking into account the short- and long-term positive effects on natural
				resources, habitat restoration, and habitat enhancement and the short- and
				long-term adverse impacts on natural resources and habitat caused by cleanup
				actions;
(iii)
Limit on upward adjustments.
A sediment cleanup level may not be
				adjusted upward above the cleanup screening level.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-204 - Sediment management standards › Part V - SEDIMENT CLEANUP STANDARDS › Section 173-204-561 - Sediment cleanup levels based on protection of human health

Current through Register Vol. 24-14, July 15, 2024
(1)
Applicability.
This section defines sediment cleanup objectives
				and cleanup screening levels for contaminants based on protection of human
				health. They are used to:
(a) Identify and
				assess the hazard of sites under WAC
				173-204-510 and
				173-204-520; and
(b) Establish sediment cleanup levels for
				sites and sediment cleanup units under WAC
				173-204-560.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-204 - Sediment management standards › Part V - SEDIMENT CLEANUP STANDARDS › Section 173-204-562 - Sediment cleanup levels based on protection of the benthic community in marine and low salinity sediment

Current through Register Vol. 24-14, July 15, 2024
(1)
Applicability.
This section defines sediment cleanup objectives
				and cleanup screening levels for contaminants based on protection of the
				benthic community in marine and low salinity sediment. They are used to:
(a) Identify and assess the hazard of sites
				under WAC
				173-204-510
				and
				173-204-520;
(b) Establish sediment cleanup levels for
				sites and sediment cleanup units under WAC
				173-204-560.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-204 - Sediment management standards › Part V - SEDIMENT CLEANUP STANDARDS › Section 173-204-563 - Sediment cleanup levels based on protection of the benthic community in freshwater sediment

Current through Register Vol. 24-14, July 15, 2024
(1)
Applicability.
This section defines sediment cleanup objectives
				and cleanup screening levels for contaminants based on protection of the
				benthic community in freshwater sediment. They are used to:
(a) Identify and assess the hazard of sites
				under WAC
				173-204-510 and
				173-204-520; and
(b) Establish sediment cleanup levels for
				sites and sediment cleanup units under WAC
				173-204-560.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-204 - Sediment management standards › Part V - SEDIMENT CLEANUP STANDARDS › Section 173-204-564 - Sediment cleanup levels based on protection of higher trophic level species

Current through Register Vol. 24-14, July 15, 2024
(1)
Applicability.
This section defines sediment cleanup objectives
				and cleanup screening levels for contaminants based on protection of species at
				trophic levels not addressed in WAC 173-204-562 and
				173-204-563 (hereafter called
				"higher trophic level species"). They are used to establish sediment cleanup
				levels for sites and sediment cleanup units under WAC
				173-204-560.
(2)
Requirements.
Sediment
				cleanup objectives and cleanup screening levels based on protection of higher
				trophic level species shall be established at concentrations that have no
				adverse effects. To establish such concentrations, a site-specific ecological
				risk assessment meeting the requirements of this subsection must be performed.
(a) Approval by the department. Prior to
				performing the assessment, the department must approve the criteria, methods,
				and procedures to be used in the assessment.
(b) Species evaluated. The assessment must
				evaluate higher trophic level species that currently utilize, may potentially
				inhabit, or have historically inhabited the site.
(c) Factors considered. The assessment must
				consider factors such as:
(i) Effects that
				impair the higher trophic level species reproduction, growth, or
				survival;
(ii) The species life
				history, feeding and reproductive strategy, population numbers, home range, and
				the potential for recruitment or immigration of individuals to the site;
				and
(iii) The potential for the
				contaminant to bioaccumulate or biomagnify through the food chain. A
				contaminant will be presumed to have this potential if any of the following
				conditions are met:
(A) The contaminant is
				listed as a persistent, bioaccumulative, or toxic (PBT) contaminant on the
				department's PBT list in WAC
				173-333-310; or
(B) The log of the contaminant's
				octonal-water partitioning coefficient is greater than 3.5 (log
				Kow 3.5);
(iv) Whether contaminants are present at the
				site at concentrations that are known or suspected to cause adverse or minor
				adverse effects on higher trophic level species.
(d) Coordination. Coordination with the
				appropriate state and federal agencies should be conducted if species protected
				under the federal Endangered Species Act (16 U.S.C. 1531  et seq.),
				Title
				77 or
				79 RCW are present at the site or the
				site is within the critical habitat of a protected species.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-204 - Sediment management standards › Part V - SEDIMENT CLEANUP STANDARDS › Section 173-204-575 - Cleanup action decisions

Current through Register Vol. 24-14, July 15, 2024
(1)
Purpose.
The department shall use the remedial
				investigation/feasibility study report and other appropriate information to
				establish sediment cleanup standards and select cleanup actions for a site or
				sediment cleanup unit. These decisions must be consistent with this part and
				chapter
				70.105D RCW.
(2)
State cleanup sites.
For
				sites or sediment cleanup units being cleaned up under the authority of
				chapter
				70.105D RCW, the
				department shall prepare a cleanup action plan documenting its cleanup
				decisions. The cleanup action plan shall be prepared consistent with the
				pertinent requirements and procedures specified in WAC
				173-340-380. The decisions in the
				cleanup action plan shall be incorporated into any enforcement order, agreed
				order, consent decree, or other binding legal document issued under
				chapter
				70.105D RCW. The public
				review process for the department's decisions shall comply with the
				requirements and procedures in chapter 173-340 WAC.
(3)
Federal cleanup sites.
For
				sites or sediment cleanup units being cleaned up under the authority of the
				federal Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. Sec. 9601  et seq.), a record of decision, administrative order,
				consent decree, or other binding legal document issued under the federal
				cleanup law may be used by the department to meet the requirements of this
				section provided:
(a) The remedial action is
				consistent with the requirements in this part;
(b) The state has concurred with the remedial
				action; and
(c) An opportunity was
				provided for the public to comment on the remedial action.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-204 - Sediment management standards › Part V - SEDIMENT CLEANUP STANDARDS › Section 173-204-590 - Sediment recovery zones

Current through Register Vol. 24-14, July 15, 2024
(1)
Applicability.
This section specifies requirements governing the
				establishment and monitoring of sediment recovery zones. Sediment recovery
				zones are required at sites and sediment cleanup units where:
(a) The department has determined under WAC
				173-204-570 that the selected
				cleanup actions cannot achieve sediment cleanup standards within ten years
				after completion of construction of the active components of the cleanup
				action; and
(b) Performance
				monitoring or a periodic review indicates a cleanup action has not achieved, or
				is projected to not achieve, sediment cleanup standards within ten years after
				completion of construction of the active components of the cleanup
				action.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-204 - Sediment management standards › Part VI - SAMPLING AND TESTING PLANS/RECORDKEEPING › Section 173-204-600 - Sampling and testing plan standards

Current through Register Vol. 24-14, July 15, 2024
(1) Applicability. These standards apply to:
(a) Any person who samples sediments to
				determine compliance with this chapter;
(b) Any person who makes application to the
				department for authorization of a sediment impact zone under the standards of
				WAC 173-204-400 through
				173-204-420; and
(c) Any person who samples sediments
				consistent with cleanup action plans approved and cleanup actions conducted
				under this chapter.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-204 - Sediment management standards › Part VI - SAMPLING AND TESTING PLANS/RECORDKEEPING › Section 173-204-610 - Records management

Current through Register Vol. 24-14, July 15, 2024
(1)
				Applicability. These standards apply to:
(a)
				Any person who samples sediments to determine compliance with this
				chapter;
(b) Any person who makes
				application to the department for authorization of a sediment impact zone under
				the standards of WAC
				173-204-400 through
				173-204-420.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-204 - Sediment management standards › Part VI - SAMPLING AND TESTING PLANS/RECORDKEEPING › Section 173-204-620 - Severability

Current through Register Vol. 24-14, July 15, 2024
If any provision of this chapter or its application to any
				  person or circumstance is held invalid, the remainder of this chapter or the
				  application of the provision to other persons or circumstances shall not be
				  affected.
Statutory Authority:
					 Chapters
					 43.21C,
					 70.105D,
					 90.48, 90.52,
					 90.54 and 90.70 RCW. 91-08-019
					 (Order 90-41), § 173-204-620, filed 3/27/91, effective
					 4/27/91.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-205 - Whole effluent toxicity testing and limits › Section 173-205-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to establish a procedure for
				deriving whole effluent toxicity limits in accordance with
				RCW
				   90.48.520,  40 C.F.R. 122.44(d), and
				40 C.F.R.
				122.44(e) for inclusion into
				National Pollutant Discharge Elimination System (NPDES) permits to protect
				aquatic life through the implementation of all known, available, and reasonable
				methods of prevention, control and treatment of toxicants and through the
				attainment of state water quality standards. The goal of this chapter is the
				eventual elimination of the discharge of toxics in toxic
				amounts.
Statutory Authority:
				  Chapter
				  90.48 RCW and
				  40 C.F.R.
				  122.44. 93-20-110 (Order 91-54), §
				  173-205-010, filed 10/6/93, effective
				  11/6/93.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-205 - Whole effluent toxicity testing and limits › Section 173-205-030 - Applicability

Current through Register Vol. 24-14, July 15, 2024
The requirements in this chapter shall apply to all NPDES
				permits issued by the department of ecology (department).
(1) The department shall evaluate all NPDES
			 permit applications in accordance with WAC
			 173-205-040 to determine if the
			 discharge needs an effluent characterization for toxicity as described in WAC
			 173-205-050.
(2) In accordance with WAC
			 173-205-050 and
			 173-205-130, the department shall
			 describe in the permit the circumstances under which whole effluent toxicity
			 limits will be applied to the discharge in order to meet:
(a) The requirement for all known, available,
			 and reasonable methods of prevention, control, and treatment of toxicants;
			 or
(b) Appropriate water quality
			 standards.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-205 - Whole effluent toxicity testing and limits › Section 173-205-040 - Determining the need for effluent characterization

Current through Register Vol. 24-14, July 15, 2024
(1) A discharge from a facility is considered
			 to have a risk for aquatic toxicity and to need an effluent characterization
			 for acute and chronic whole effluent toxicity if the facility or discharge meet
			 any of the following criteria:
(a) Uses,
			 stores, produces as a product or waste, or transfers any hazardous substance
			 listed in 40 C.F.R.
			 302.4 with a statutory code of 1 or 2
			 (referring to Sections 311(b)(4) or 307(a) of the Clean Water Act) unless:
(i) The permittee demonstrates to the
			 department's satisfaction that the facility is designed and managed so that
			 these substances are kept physically separated at all times, including spills
			 or any other accidental release, from any part of the wastewater collection,
			 treatment, or discharge system; or
(ii) The amount of any hazardous substance at
			 the facility is never more than the statutory reportable quantity listed in
			 40 C.F.R.
			 302.4;
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-205 - Whole effluent toxicity testing and limits › Section 173-205-060 - Additional effluent characterizations

Current through Register Vol. 24-14, July 15, 2024
(1) A permittee that has not been assigned a
			 whole effluent toxicity limit because of attaining the performance standards
			 described in WAC
			 173-205-050(2)(a) or
			 173-205-120(1) will not be required to conduct a new effluent characterization in accordance
			 with WAC 173-205-050(1) unless the department determines that:
(a) The
			 permittee has made changes to processes, materials, or treatment that could
			 result in an increase in effluent toxicity.
(b) A municipal sewage collection and
			 treatment system has experienced the addition of any new source as defined in
			 40 C.F.R.
			 403.3(k) that belongs in any
			 industry category identified in  40 C.F.R. Part 403, Appendix C and cannot
			 demonstrate that the new source is nontoxic or that the pretreatment program
			 and local limits are adequate to control toxicity from the new
			 source.
(c) The average dry weather
			 flow volume has changed by ten percent or more due to changes in plant
			 processes, production changes, or increases in the number of users. Changes in
			 flow volume due to water conservation measures would not indicate a need for a
			 new characterization unless this resulted in a final effluent containing a
			 higher concentration of potentially toxic pollutants.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-205 - Whole effluent toxicity testing and limits › Section 173-205-070 - Monitoring for compliance with whole effluent toxicity limits

Current through Register Vol. 24-14, July 15, 2024
(1) A discharge is
			 in compliance with the narrative water quality standard for acute toxicity when
			 the most recent acute toxicity test has shown no statistically significant
			 difference in response between the acute critical effluent concentration and a
			 control.
(a) Acute toxicity testing shall be
			 performed using one hundred percent effluent, the acute critical effluent
			 concentration, and a control.
(b)
			 The acute critical effluent concentrations in a whole effluent toxicity test
			 shall be compared to the control using the method in Appendix H of
			 EPA/600/4-89/001 or an equivalent method approved by the department.
(c) If a statistically significant difference
			 in response is determined between the control and the acute critical effluent
			 concentration in an acute toxicity test, then the effluent has failed the test
			 for compliance with the whole effluent acute toxicity limit and the permittee
			 shall immediately begin the process described in WAC
			 173-205-090.
(d) The compliance test for acute toxicity
			 shall be considered to be a maximum daily discharge permit
			 limitation.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-205 - Whole effluent toxicity testing and limits › Section 173-205-080 - Samples for whole effluent toxicity testing

Current through Register Vol. 24-14, July 15, 2024
(1) All samples taken for whole effluent
			 toxicity testing shall be handled as specified in the permit and in any EPA
			 manuals referenced in the permit.
(a) No
			 attempts shall be made before or during the whole effluent toxicity test to
			 modify the sample to remove or otherwise change any toxicant except as provided
			 in subsection (3) of this section.
(b) Except as provided in subsection (3) of
			 this section, no attempts shall be made before or during the whole effluent
			 toxicity test to adjust the hardness, dissolved oxygen, pH, or any other
			 physical or chemical property of the sample, dilution water, or test solutions
			 except as required in the toxicity test method, in the permit, or in
			 appropriate EPA manuals.
(c) For
			 those permittees who received permits prior to the effective date of this
			 chapter, the department may approve in writing the request of a permittee to
			 modify samples, dilution water, or test solutions as long as such modifications
			 meet the intent of this chapter.