reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-219 - RECLAIMED WATER › Section 173-219-290 - Use agreements

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Review and approval of use agreements. Together with the use site evaluation
			 under WAC 173-219-380, the generator must submit to the lead agency for review
			 and approval all proposed or signed contracts or use agreements, if applicable,
			 between:
(a) Generator and distributor of
			 reclaimed water.
(b) Generator and
			 end user of reclaimed water.
(c)
			 Distributor and each end user of reclaimed water.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-219 - RECLAIMED WATER › Section 173-219-300 - Source control and pretreatment requirements

Current through Register Vol. 24-14, July 15, 2024
(1) Source water controls. Source water
			 controls must prevent the presence of substances that may affect the reclaimed
			 water quality or the ability to generate reclaimed water.
(2) Other applicable requirements. Source
			 water to reclaimed water facilities must comply with the applicable
			 requirements for:
(a) Pretreatment of
			 industrial wastewater under  40 C.F.R. Part 403, Sections 307(b) and 308  in the
			 Federal Water Pollution Control Act, and chapter 90.48 RCW.
(b) Discharge restrictions and prohibitions
			 for dangerous waste under chapter 173-303 WAC and WAC
			 173-216-060.
(c) Restrictions and prohibitions of certain
			 substances entering an on-site sewage system under WAC
			 246-272B-06000,
			 246-272B-07050, and
			 246-272A-0270.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-219 - RECLAIMED WATER › Section 173-219-310 - Cross-connection control

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Applicability, purpose, and responsibility.
Reclaimed water generators, distributors, users, and potable
				water purveyors must take action to eliminate or prevent cross-connection
				between water supplies.
(2)
			 Group A water systems, as defined in WAC
			 246-290-020, are responsible for
			 protecting their potable water distribution system from cross-connections with
			 lower quality water supplies, such as Class A and Class B reclaimed
			 water.
(3) Reclaimed water
			 generators and distributors are responsible for protecting reclaimed water and
			 partially treated reclaimed water from contamination via cross-connection with
			 lower quality water supplies and preventing water under their control from
			 contaminating potable water, starting in the generation facility, including all
			 treatment stages, storage, and distribution facilities, and ending at the point
			 of delivery to the user's reclaimed water meter at the property line of the use
			 area.
(a) Distributors must provide the
			 potable water purveyor, if any, written notification prior to providing
			 reclaimed water service to any property within the purveyor's service area so
			 the purveyor can ensure users comply with the cross-connection control
			 requirements under WAC
			 246-290-490 and any locally
			 adopted regulations.
(b) Generators
			 must notify their potable water purveyor of the proposed and ongoing reclaimed
			 water treatment activity and facility location and comply with the purveyor's
			 cross-connection control requirements under WAC
			 246-290-490 and any locally
			 adopted regulations.
(c) Reclaimed
			 water generators and distributors must not provide reclaimed water to any user
			 before the user has installed and tested the correct backflow prevention
			 assembly on the potable supply line, and the potable water purveyor verifies
			 it.
(d) Under the provisions of
			 this section, generators and distributors are not responsible for eliminating
			 or controlling cross-connections on the end user's property.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-219 - RECLAIMED WATER › Section 173-219-320 - Class A and B reclaimed water

Current through Register Vol. 24-14, July 15, 2024
Reclaimed water must meet the minimum technology-based
				treatment methods and treatment reliability standards in WAC 173-219-350 before
				distribution and use. Reclaimed water must also meet the applicable performance
				standards established in Table 1 and Table 2 under WAC 173-219-330. Source
				water for the reclaimed water facility must meet or exceed minimum secondary
				treatment requirements in WAC
				173-221-040 to satisfy the
				biological oxidation performance standards in this chapter. Raw source water
				must meet these standards through the reclaimed water treatment process.
(1) Allowable treatment methods for Class B
			 reclaimed water. Class B reclaimed water must also meet the following treatment
			 process train requirements: Biological oxidation followed by
			 disinfection.
(2) Allowable
			 treatment methods for Class A reclaimed water. Class A reclaimed water must
			 also meet one of the following treatment process train requirements:
(a) Biological oxidation, followed by
			 coagulation, filtration, and disinfection, demonstrating at least a 4-log virus
			 removal or inactivation.
(b)
			 Biological oxidation, followed by membrane filtration and disinfection,
			 demonstrating at least a 4-log virus removal or inactivation.
(c) Combination of biological oxidation and
			 membrane filtration via a membrane bioreactor, followed by disinfection,
			 demonstrating at least a 4-log virus removal or inactivation.
(d) An alternative treatment method, that
			 demonstrates to the satisfaction of the lead agency that it provides for
			 equivalent treatment and reliability.
Minimum performance standards for an equivalent process or
				treatment must demonstrate assurance that reclaimed water quality limits are
				consistently achieved through proper design, operation, and maintenance of each
				of the treatment units in the proposed alternative treatment process.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-219 - RECLAIMED WATER › Section 173-219-330 - Performance standards

Current through Register Vol. 24-14, July 15, 2024
Reclaimed water performance standards. All Class A and Class B
				reclaimed water at a minimum must meet the technology-based performance
				standards listed in Table 1 and Table 2 for the class of reclaimed water
				generated at the facility. Compliance shall generally be measured at the end of
				treatment, however, the reclaimed water permit may specify alternative
				monitoring locations and water quality limits to ensure compliance with
				performance standards, and any additional use based requirements as listed in
				Table 3.
Table 1: Minimum Biological Oxidation Performance
				Standards
Biological Oxidation
Parameter1
Minimum Biological Oxidation Performance
						Standard
Dissolved Oxygen
Must be measurably present
BOD5
Monthly Average
Weekly Average
30 mg/L
45 mg/L
CBOD5
25mg/L
40 mg/L
TSS
30 mg/L
45 mg/L
pH
Minimum
Maximum
6 s.u.
9 s.u.
pH
(Groundwater recharge)
6.5 s.u.
8.5 s.u.
1 The parameter must be measured at
				the end of the unit process or alternative monitoring location as set in a
				reclaimed water permit.
Table 2: Class A and B Performance
				Standards
Coagulation/Filtration
Parameter1
Class A
						Reclaimed Water
Class B
						Reclaimed Water
Turbidity
2
Monthly Average
Sample Maximum
Monthly Average
Sample Maximum
2 NTU
5 NTU
Not Applicable
Not Applicable
Membrane Filtration
Turbidity
2
Class A Reclaimed
						Water
Class B Reclaimed
						Water
Monthly Average
Sample Maximum
Monthly Average
Sample Maximum
0.2 NTU
0.5 NTU
Not Applicable
Not Applicable
Disinfection
Total
						Coliform
Class A Reclaimed
						Water
Class B Reclaimed
						Water
7-Day Median
Sample Maximum
7-Day Median
Sample Maximum
2.2 MPN/100 mL or CFU/100 mL
23 MPN/mL or CFU/mL
23 MPN/mL or CFU/mL
240 MPN/mL or CFU/mL
Virus Removal
See disinfection process standards in WAC
						173-219-340
Not Applicable
Not Applicable
Denitrification3
Class A Reclaimed
						Water
Class B Reclaimed
						Water
Total
						Nitrogen
Monthly Average
Weekly Average
Monthly Average
Weekly Average
10 mg/L
15 mg/L
Not Applicable
Not Applicable
1 The parameter must be measured at
				the end of the unit process or alternative monitoring location as set in a
				reclaimed water permit.
2 Sample maximum for turbidity is
				the highest value for the day that lasts longer than five minutes.
3 Not applicable for beneficial uses
				1-13 listed on Table 3: Use-Based Requirements.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-219 - RECLAIMED WATER › Section 173-219-340 - Disinfection process standards

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Disinfection process: Class A reclaimed water. The engineering report must
			 demonstrate, to the satisfaction of the lead agency that the proposed
			 disinfection method consistently provides the required level of adequate and
			 reliable disinfection to help preserve the quality of water delivered to the
			 use site. All Class A reclaimed water generation disinfection processes must,
			 in combination with treatment processes following biological oxidation, result
			 in a minimum of 4-log virus removal or inactivation. The disinfection process
			 may use any or all of the following:
(a)
Chlorine.
Where chlorine is used as the disinfectant in the
			 treatment process a minimum total chlorine residual of at least 1 mg/L, after a
			 T10 contact time of at least thirty minutes, based on
			 peak day design flow is required.
The lead agency may require additional protections including
				defined concentration (C), time (T), or chlorine concentration multiplied by
				(CT) values as needed to protect public health. The lead agency may require a
				tracer study to determine contact times.
(b)
Ultraviolet light.
The
			 generator must design and install ultraviolet light disinfection processes that
			 conform to recognized standards and engineering practices developed for use in
			 reclaimed water facilities. Acceptable methods include the criteria in the most
			 recent edition of:
(i)
Ultraviolet
			 Disinfection, Guidelines for Drinking Water and Water Reuse, published by the
			 National Water Research Institute
(NWRI) in collaboration with the
			 American Water Works Association Research Foundation (AWWARF).
(ii) Ecology's
Criteria for Sewage
			 Works Design
(orange book).
(iii) Water Environment Federation
MOP-8 Design of Municipal Wastewater Treatment
			 Plants.
(c)
Other disinfection methods.
Any other disinfection process
			 proposed to the lead agency to meet the performance standard in this chapter
			 must:
(i) Be in accordance with the most
			 recent edition of ecology's
Criteria for Sewage Works Design
(orange book).
(ii) Demonstrate
			 that the proposed process is equivalent to or better than chlorination or
			 ultraviolet light treatment in this section.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-219 - RECLAIMED WATER › Section 173-219-350 - Treatment reliability standards

Current through Register Vol. 24-14, July 15, 2024
(1) Operational reliability requirements.
(a) Entities must design and construct all
			 reclaimed water facilities to assure operational reliability at all times,
			 consistent with the approved engineering report, per WAC 173-219-210, operate
			 it as directed in approved operations and maintenance manual, per WAC
			 173-219-240 to meet the reliability requirements in this section.
(b) The generator must demonstrate adequate
			 capacity for failure of one or more treatment trains or standby replacement
			 equipment acceptable to the lead agency such that treatment is maintained at
			 all times with one or more treatment trains not in operation.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-219 - RECLAIMED WATER › Section 173-219-370 - Maintenance of chlorine residual

Current through Register Vol. 24-14, July 15, 2024
The generator and distributor must maintain a chlorine residual
				as follows:
(1) Chlorine residual in
			 the distribution system. A minimum chlorine residual of [GREATER THAN EQUALS
			 TO]0.2 mg/L free chlorine or [GREATER THAN EQUALS TO]0.5 mg/L total chlorine is
			 required in pipeline distribution systems conveying the reclaimed water from
			 the facility to the point of use to prevent biological growth, prevent
			 deterioration of reclaimed water quality, and to protect public health.
The lead agency may waive or modify the requirements for
				maintaining a chlorine residual during storage or conveyance to the point of
				use, if the generator demonstrates a benefit from reducing or eliminating the
				chlorine residual. When ecology is lead agency, it must notify health of any
				such proposed or requested waiver or permit modification.
(2) Chlorine residual for use areas. A
			 chlorine residual is not required in reclaimed water impoundments, storage
			 ponds, and storage tanks at the point of use, or for conveyance along natural
			 streams, lakes, surface waters, or ground-waters of the state.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-219 - RECLAIMED WATER › Section 173-219-380 - General use-based requirements

Current through Register Vol. 24-14, July 15, 2024
(1) Site evaluation. The lead agency may
			 include reclaimed water permit conditions for additional use area requirements
			 in sensitive or critical areas, or where deemed that additional measures are
			 needed or the lead agency may determine use in a proposed area is infeasible,
			 and not approve it. The generator, responsible person or persons must:
(a) Assure that any proposed use site is
			 appropriate for reclaimed water use, is not prohibited by local codes or
			 ordinances, and is protective of public health and the environment.
(b) Provide site evaluation information to
			 the lead agency.
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 173-220-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to establish a state individual
				permit program, applicable to the discharge of pollutants and other wastes and
				materials to the surface waters of the state, operating under state law as a
				part of the National Pollutant Discharge Elimination System (NPDES) created by
				section 402 of the Federal Water Pollution Control Act (FWPCA). Permits issued
				under this chapter are designed to satisfy the requirements for discharge
				permits under both section 402(b) of the FWPCA and
				chapter
				90.48
				RCW.
Statutory Authority:
				  Chapter
				  90.48 RCW. 93-10-099
				  (Order 92-55), § 173-220-010, filed 5/5/93, effective 5/19/93. Statutory
				  Authority:
				  RCW
				     90.54.020 and
				  chapter
				  90.48 RCW. 88-22-059
				  (Order 88-9), § 173-220-010, filed 11/1/88; Order DE 74-1, §
				  173-220-010, filed 2/15/74.
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 173-220-020 - Permit required

Current through Register Vol. 24-14, July 15, 2024
No pollutants shall be discharged to any surface water of the
				state from a point source, except as authorized by an individual permit issued
				pursuant to this chapter or as authorized by a general permit issued pursuant
				to chapter 173-226 WAC.
Statutory Authority:
				  Chapter
				  90.48 RCW. 93-10-099
				  (Order 92-55), § 173-220-020, filed 5/5/93, effective 5/19/93. Statutory
				  Authority:
				  RCW
				     90.54.020 and
				  chapter
				  90.48 RCW. 88-22-059
				  (Order 88-9), § 173-220-020, filed 11/1/88. Statutory Authority:
				  RCW
				     90.48.035 and
				  90.48.260. 82-24-078 (Order DE
				  82-39), § 173-220-020, filed 12/1/82; Order DE 74-1, § 173-220-020,
				  filed 2/15/74.
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 173-220-040 - Application for permit

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Any person presently discharging pollutants to surface waters of the state must
			 file an application with the department on a form prescribed by the department.
			 For the purpose of satisfying the requirements of this subsection, any
			 completed application filed with the Environmental Protection Agency prior to
			 the approval by the administrator under section 402(b) of the FWPCA of this
			 state permit program shall constitute a filing with the department.
(2) Any person proposing to commence a
			 discharge of pollutants to surface waters of the state must file an application
			 with the department on a form prescribed by the department, (a) no less than
			 one hundred eighty days in advance of the date on which it is desired to
			 commence the discharge of pollutants, or (b) in sufficient time prior to
			 commencement of the discharge of pollutants to insure compliance with the
			 requirements of section 306 of the FWPCA and any other applicable water quality
			 standards or effluent standards and limitations.
(3) The applicant must pay any applicable
			 fees required pursuant to RCW 90.48.610.
(4) The requirement for permit application
			 will be satisfied if the discharger files:
(a) A complete application form which is
			 appropriate for the type, category, or size of discharge per
			 40 C.F.R.
			 122.21; or
(b) A complete request for coverage under a
			 general permit; and
(c) Any
			 additional information required by the department pertaining to pollutant
			 discharge.
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 173-220-050 - Public notice

Current through Register Vol. 24-14, July 15, 2024
(1) Public
			 notice of every draft permit determination regarding an individual permit shall
			 be circulated in a manner designed to inform interested and potentially
			 affected persons of the proposed discharge and of the proposed determination to
			 issue or deny a permit for the proposed discharge, as follows:
(a) Notice shall be circulated within the
			 geographical area of the proposed discharge; such circulation may include any
			 or all of the following, as directed by the department:
(i) Posting by the applicant for a period of
			 thirty days in the post office, public library, and public places of the
			 municipality nearest the premises of the applicant in which the effluent source
			 is located;
(ii) Posting by the
			 applicant for a period of thirty days near the entrance of the applicant's
			 premises and nearby places;
(iii)
			 Publishing by the applicant, at his own cost within such time as the director
			 shall prescribe, through a notice form provided by the department, in major
			 local newspapers of general circulation serving the area in which the discharge
			 occurs: Provided, That if an applicant fails to publish notice within thirty
			 days of the time prescribed by the director, the department may publish the
			 notice and bill the applicant for the cost of publication;
(iv) Publishing by the applicant of paid
			 advertisements;
(v) Publishing by
			 the department of news releases or newsletter articles.
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 173-220-060 - Fact sheets

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 department shall prepare a fact sheet for every draft permit determination.
			 Such fact sheets shall, at a minimum, summarize the following:
(a) The type of facility or activity which is
			 the subject of the application;
(b)
			 The location of the discharge in the form of a sketch or detailed
			 description;
(c) The type and
			 quantity of the discharge, including at least the following:
(i) The rate or frequency of the proposed
			 discharge;
(ii) For thermal
			 discharges, the average summer and winter temperatures; and
(iii) The average discharge in pounds per
			 day, or other appropriate units, of any pollutants which are present in
			 significant quantities or which are subject to limitations or prohibition under
			 RCW
			    90.48.010,
			 90.52.040,
			 90.54.020 and sections 301, 302,
			 306, or 307 of the FWPCA and regulations published thereunder;
(d) The conditions in the proposed
			 permit;
(e) The legal and technical
			 grounds for the draft permit determination, including an explanation of how
			 conditions meet both the technology-based and water quality-based requirements
			 of the FWPCA and
			 chapters
			 90.48, 90.52, and
			 90.54 RCW;
(f) The effluent standards and limitations
			 applied to the proposed discharge;
(g) The applicable water quality standards,
			 including identification of the uses for which receiving waters have been
			 classified;
(h) How the draft
			 permit addresses use or disposal of residual solids generated by wastewater
			 treatment; and
(i) The procedures
			 for the formulation of final determinations (in more detailed form than that
			 given in the public notice) including:
(i) The
			 thirty-day comment period required by WAC
			 173-220-050(2);
(ii) Procedures for requesting a public
			 hearing and the nature thereof; and
(iii) Any other procedures by which the
			 public may participate in the formulation of the final
			 determinations.
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 173-220-070 - Notice to other government agencies

Current through Register Vol. 24-14, July 15, 2024
The department shall notify other appropriate government
				agencies of each draft permit determination and shall provide such agencies an
				opportunity to submit their written views and recommendations. Such
				notification shall include the following:
(1) Unless the regional administrator has
			 agreed to waive review, transmission of an application, fact sheet, and draft
			 permit to the regional administrator for comment or objection within thirty
			 days, or a longer period if requested up to a maximum of ninety days.
(2) At the time of issuance of public notice
			 pursuant to WAC
			 173-220-050, transmission of the
			 public notice to any other states whose waters may be affected by the issuance
			 of a permit. Each affected state shall be afforded an opportunity to submit
			 written recommendations to the department and to the regional administrator
			 which the department may incorporate into the permit if issued. Should the
			 department fail to incorporate any written recommendations thus received, it
			 shall provide to the affected state or states (and to the regional
			 administrator) a written explanation of its reasons for failing to accept any
			 of the written recommendations.
(3)
			 Unless waived by the respective agency, the public notice shall be sent to the
			 appropriate district engineer of the Army Corps of Engineers, the United States
			 Fish and Wildlife Service, the National Marine Fisheries Service, the state
			 departments of fisheries, natural resources, wildlife, and social and health
			 services, the archaeology and historic preservation office, the agency
			 responsible for the preparation of an approved plan pursuant to section 208(b)
			 of the FWPCA, applicable Indian tribes and any other applicable government
			 agencies.
(4) A copy of any written
			 agreement between the department and an agency identified in subsection (3) of
			 this section which waives the receipt of public notices shall be forwarded to
			 the regional administrator and shall be made available to the public for
			 inspection and copying.
(5) Copies
			 of public notices shall be mailed to any other federal, state, or local agency,
			 Indian tribe or any affected country, upon request. Such agencies shall have an
			 opportunity to respond, comment, or request a public hearing pursuant to WAC
			 173-220-090.
Statutory Authority:
				  Chapter
				  90.48 RCW. 93-10-099
				  (Order 92-55), § 173-220-070, filed 5/5/93, effective 5/19/93. Statutory
				  Authority:
				  RCW
				     90.54.020 and
				  chapter
				  90.48 RCW. 88-22-059
				  (Order 88-9), § 173-220-070, filed 11/1/88. Statutory Authority:
				  RCW
				     90.48.035 and
				  90.48.260. 82-24-078 (Order DE
				  82-39), § 173-220-070, filed 12/1/82; Order DE 74-1, § 173-220-070,
				  filed 2/15/74.
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 173-220-080 - Public access to information

Current through Register Vol. 24-14, July 15, 2024
(1) In accordance with chapter 42.17 RCW, the
			 department shall make records relating to NPDES permits available to the public
			 for inspection and copying.
(2) The
			 department shall protect any information (other than information on the
			 effluent) contained in its NPDES permit records as confidential upon a showing
			 by any person that such information, if made public, would divulge methods or
			 processes entitled to protection as trade secrets of such person.
(3) Any information accorded confidential
			 status, whether or not contained in an application form, shall be disclosed,
			 upon request, to the regional administrator.
(4) The department shall provide facilities
			 for the inspection of information relating to NPDES permits and shall insure
			 that employees honor requests for such inspection promptly without undue
			 requirements or restrictions. The department shall either (a) insure that a
			 machine or device for the copying of papers and documents is available for a
			 reasonable fee, or (b) otherwise provide for or coordinate with copying
			 facilities or services such that requests for copies of nonconfidential
			 documents may be honored promptly.
Statutory Authority:
				  RCW
				  90.54.020 and
				  chapter
				  90.48 RCW. 88-22-059
				  (Order 88-9), § 173-220-080, filed 11/1/88. Statutory Authority:
				  RCW
				     90.48.035 and
				  90.48.260. 82-24-078 (Order DE
				  82-39), § 173-220-080, filed 12/1/82; Order DE 74-1, § 173-220-080,
				  filed 2/15/74.
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 173-220-090 - Public hearings

Current through Register Vol. 24-14, July 15, 2024
The applicant, any affected state, any affected interstate
				agency, any affected country, the regional administrator, or any interested
				agency or person may request a public hearing with respect to a draft permit
				determination. Any such request for a public hearing shall be filed within the
				thirty-day period prescribed in WAC
				173-220-050(2) and shall indicate the interest of the party filing such request and the
				reasons why a hearing is warranted. The department shall hold a hearing if it
				determines there is a significant public interest. Instances of doubt will be
				resolved in favor of holding the hearing. Any hearing brought pursuant to this
				subsection shall be held at a time and place deemed appropriate by the
				department.
Statutory Authority:
				  Chapter
				  90.48 RCW. 93-10-099
				  (Order 92-55), § 173-220-090, filed 5/5/93, effective 5/19/93. Statutory
				  Authority:
				  RCW
				     90.54.020 and
				  chapter
				  90.48 RCW. 88-22-059
				  (Order 88-9), § 173-220-090, filed 11/1/88. Statutory Authority:
				  RCW
				     90.48.010,
				  90.48.035, and
				  90.58.260. 83-10-063 (Order DE
				  83-14), § 173-220-090, filed 5/4/83; Order DE 74-1, § 173-220-090,
				  filed 2/15/74.
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 173-220-100 - Public notice of public hearings

Current through Register Vol. 24-14, July 15, 2024
(1) The department shall circulate public
			 notice of any hearing held pursuant to WAC
			 173-220-090 at least as widely as
			 was the notice pursuant to WAC
			 173-220-050. Procedures for the
			 circulation of public notice for hearings held under WAC
			 173-220-090 shall include at
			 least the following:
(a) Notice shall be
			 published in at least one major local newspaper of general circulation within
			 the geographical area of the discharge;
(b) Notice shall be sent to all persons and
			 government agencies who received a copy of the notice pursuant to WAC
			 173-220-050 or the fact
			 sheet;
(c) Notice shall be mailed
			 to any person upon request; and
(d)
			 Notice shall be effected pursuant to (a) and (c) of this subsection at least
			 thirty days in advance of the hearing.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-220 - National Pollutant Discharge Elimination System permit program › Section 173-220-110 - Permit preparation

Current through Register Vol. 24-14, July 15, 2024
The department will prepare tentative staff determinations with
				respect to a permit application in advance of public notice of the proposed
				issuance or denial of a permit. Such tentative determinations shall include at
				least the following:
(1) A proposed
			 determination to issue or deny a permit for the discharge described in the
			 application; and
(2) If the
			 determination is to issue the permit, the following shall be included in a
			 draft permit:
(a) Proposed effluent
			 limitations for those pollutants proposed to be limited;
(b) A proposed schedule of compliance,
			 including interim dates and requirements, for meeting the proposed effluent
			 limitations; and
(c) A brief
			 description of any other proposed special conditions which will have a
			 significant impact upon the discharge described in the application.
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 173-220-120 - Prohibited discharges

Current through Register Vol. 24-14, July 15, 2024
No permit issued by the department shall authorize any person
				to:
(1) Discharge any radiological,
			 chemical or biological warfare agent or high-level radioactive waste into
			 surface waters of the state;
(2)
			 Discharge any pollutants which the secretary of the army acting through the
			 chief, corps of engineers, finds would substantially impair anchorage and
			 navigation;
(3) Discharge any
			 pollutant to 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;
(4) Discharge from a point source any
			 pollutant which is in conflict with the plan or amendment thereto approved
			 pursuant to section 208(b) of the FWPCA;
(5) Discharge any pollutant subject to a
			 toxic pollutant discharge prohibition under section 307 of FWPCA.
Statutory Authority:
				  RCW
				  90.54.020 and
				  chapter
				  90.48 RCW. 88-22-059
				  (Order 88-9), § 173-220-120, filed 11/1/88. Statutory Authority:
				  RCW
				     90.48.035 and
				  90.48.260. 82-24-078 (Order DE
				  82-39), § 173-220-120, filed 12/1/82; Order DE 74-1, § 173-220-120,
				  filed 2/15/74.
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 173-220-130 - Effluent limitations, water quality standards and other requirements for permits

Current through Register Vol. 24-14, July 15, 2024
(1) Any permit
			 issued by the department shall apply and insure compliance with all of the
			 following, whenever applicable:
(a) All known,
			 available, and reasonable methods of treatment required under
			 RCW
			    90.52.040,
			 90.54.020(3)(b),
			 and 90.48.520; including effluent
			 limitations established under sections 301, 302, 306, and 307 of the FWPCA. The
			 effluent limitations shall not be less stringent than those based upon the
			 treatment facility design efficiency contained in approved engineering plans
			 and reports or approved revisions thereto. The effluent limitations shall
			 reflect any seasonal variation in industrial loading. Modifications to
			 technology-based effluent limitations for specific discharge categories are as
			 follows:
(i) For combined waste treatment
			 facilities, the effluent limitations for biochemical oxygen demand or suspended
			 solids may be adjusted upwards to a maximum allowed by applying effluent
			 limitations pursuant to sections 301(b)(1)(B) of the FWPCA to the domestic
			 portion of the influent and effluent limitations pursuant to sections
			 301(b)(1)(A)(i), 301(b)(2)(A), and 301(b)(2)(E) of the FWPCA or standards of
			 performance pursuant to section 306 of the FWPCA to the industrial portion of
			 the influent: Provided, That the following additional condition is met:
Fecal coliform levels shall not exceed a monthly geometric mean
				of 200 organisms per 100 ml with a maximum weekly geometric mean of 400
				organisms per 100 ml;
(ii)
			 For municipal water treatment plants located on the Chehalis, Columbia,
			 Cowlitz, Lewis, or Skagit river, the effluent limitations shall be adjusted, in
			 accordance with
			 RCW
			    90.54.020(3)(b), to reflect
			 credit for substances removed from the plant intake water if:
(A) The municipality demonstrates that the
			 intake water is drawn from the same body of water into which the discharge is
			 made; and
(B) The municipality
			 demonstrates that no violation of receiving water quality standards or
			 appreciable environmental degradation will result.
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 173-220-135 - Signing of permits

Current through Register Vol. 24-14, July 15, 2024
Permits authorized for issuance under chapter 173-220 WAC may
				be signed by the director or any person designated in WAC
				173-06-030.
Order DE 74-1, § 173-220-135, filed
				  2/15/74.
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 173-220-140 - Schedules of compliance

Current through Register Vol. 24-14, July 15, 2024
(1)
			 The department shall establish schedules and permit conditions as follows to
			 achieve compliance with applicable effluent standards and limitations, water
			 quality standards, and other legally applicable requirements:
(a) With respect to any discharge which is
			 found not to be in compliance with applicable effluent standards and
			 limitations, applicable water quality standards, or other legally applicable
			 requirements listed in WAC
			 173-220-130, the permittee shall
			 be required to take specific steps to achieve compliance with the following:
Any legally applicable schedule of compliance contained
				in:
(i) Section 301 of
			 FWPCA;
(ii) Applicable effluent
			 standards and limitations;
(iii)
			 Water quality standards; and
(iv)
			 Applicable requirements listed in WAC
			 173-220-130,
			 173-220-150, and
			 173-220-210;
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 173-220-160 - Transmission of issued permit to regional administrator

Current through Register Vol. 24-14, July 15, 2024
Immediately following issuance, the department shall transmit a
				copy of every issued permit along with any and all terms, conditions,
				requirements, or documents which are a part of such permit or which affect the
				authorization by the permit of the discharge of pollutants to the regional
				administrator.
Statutory Authority:
				  RCW
				  90.54.020 and
				  chapter
				  90.48 RCW. 88-22-059
				  (Order 88-9), § 173-220-160, filed 11/1/88. Statutory Authority:
				  RCW
				     90.48.035 and
				  90.48.260. 82-24-078 (Order DE
				  82-39), § 173-220-160, filed 12/1/82; Order DE 74-1, § 173-220-160,
				  filed 2/15/74.
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 173-220-170 - Relationship with non-NPDES permits

Current through Register Vol. 24-14, July 15, 2024
Discharges of pollutants or other wastes that require permits
				from the department under
				RCW
				   90.48.160, which are not satisfied through
				permits issued under this chapter, shall be subject to the permit requirements
				of RCW
				   90.48.160, et seq. Except where permits under
				RCW
				   90.48.160 are issued by a municipal
				corporation pursuant to chapter 173-208 WAC, permit requirements under this
				chapter and permit requirements under
				RCW
				   90.48.160 shall be contained in a single
				permit document.
Statutory Authority:
				  RCW
				  90.48.035 and
				  90.48.260. 82-24-078 (Order DE
				  82-39), § 173-220-170, filed 12/1/82; Order DE 74-1, § 173-220-170,
				  filed 2/15/74.
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 173-220-180 - Duration and replacement of existing permit

Current through Register Vol. 24-14, July 15, 2024
(1) Permits shall be issued for fixed terms
			 not exceeding five years.
(2) Any
			 permittee shall make application for replacement to an existing permit or
			 continuation of a discharge beyond the expiration date of his/her permit by
			 filing with the department an application for replacement of the permit at
			 least one hundred eighty days prior to its expiration.
(3) The scope and manner of any review of an
			 application for replacement of a permit by the department shall be sufficiently
			 detailed as to insure the following:
(a) That
			 the permittee is in substantial compliance with all of the terms, conditions,
			 requirements and schedules of compliance of the expired permit;
(b) That the department has up-to-date
			 information on the permittee's production levels; permittee's waste treatment
			 practices; nature, content and frequencies of permittee's discharge; either
			 pursuant to the submission of new forms and applications or pursuant to
			 monitoring records and reports resubmitted to the department by the permittee;
			 and
(c) That the discharge is
			 consistent with applicable effluent standards and limitations, water quality
			 standards, and other legally applicable requirements listed in WAC
			 173-220-130.
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 173-220-190 - Modification and revocation of permits

Current through Register Vol. 24-14, July 15, 2024
(1) Any permit issued under this chapter can
			 be modified or revoked in whole or in part by the department for cause
			 including, but not limited to, the causes listed in WAC
			 173-220-150(1)(d) or when remanded to the department for
			 modification by the pollution control hearings board.
(2) The department may, upon request of the
			 permittee, modify a schedule of compliance or an operating condition in an
			 issued permit if it determines good and valid cause exists for such revision
			 (such as an act of God, strike, flood, materials shortage, or other event over
			 which the permittee has little or no control and for which there is no other
			 reasonably available remedy).
(3)
			 The department shall modify or revoke permits only after public notice and
			 opportunity for public hearing as provided in this chapter in those instances
			 where changes are proposed which lessen the stringency of effluent limitations.
			 In all other instances, the form of public notice and public participation, if
			 any, shall be determined by the department on a case-by-case basis according to
			 the significance of the proposed action.
Statutory Authority:
				  RCW
				  90.54.020 and
				  chapter
				  90.48 RCW. 88-22-059
				  (Order 88-9), § 173-220-190, filed 11/1/88. Statutory Authority:
				  RCW
				     90.48.035 and
				  90.48.260. 82-24-078 (Order DE
				  82-39), § 173-220-190, filed 12/1/82; Order DE 74-1, § 173-220-190,
				  filed 2/15/74.
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 173-220-200 - Transfer of permit

Current through Register Vol. 24-14, July 15, 2024
(1) A
			 permit is automatically transferred to a new discharger if:
(a) A written 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
(b) The director does not
			 notify the old and new discharger of his/her intent to modify, or revoke and
			 reissue the permit. If this notice is not given, the transfer is effective on
			 the date specified in the agreement mentioned in (a) of this
			 subsection.
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 173-220-210 - Monitoring, recording and reporting

Current through Register Vol. 24-14, July 15, 2024
(1) Monitoring.
(a) Any discharge authorized by a 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:
(i) Flow (in gallons per day);
(ii) Pollutants (either directly or
			 indirectly through the use of accepted correlation coefficients or equivalent
			 measurements) which are subject to reduction or elimination under the terms and
			 conditions of the permit;
(iii)
			 Pollutants which the department finds could have a significant impact on the
			 quality of surface waters; and
(iv)
			 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 173-220 - National Pollutant Discharge Elimination System permit program › Section 173-220-225 - Appeals

Current through Register Vol. 24-14, July 15, 2024
Individual permits are subject to appeals as specified in
				chapter 43.21B RCW.
Statutory Authority:
				  Chapter
				  90.48 RCW. 93-10-099
				  (Order 92-55), § 173-220-225, filed 5/5/93, effective 5/19/93. Statutory
				  Authority:
				  RCW
				     90.54.020 and
				  chapter
				  90.48 RCW. 88-22-059
				  (Order 88-9), § 173-220-225, filed 11/1/88. Statutory Authority:
				  RCW
				     90.48.035 and
				  90.48.260. 82-24-078 (Order DE
				  82-39), § 173-220-225, filed
				  12/1/82.
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 173-220-230 - Enforcement

Current through Register Vol. 24-14, July 15, 2024
(1) The department,
			 with the assistance of the attorney general, may sue in courts of competent
			 jurisdiction to enjoin any threatened or continuing violations of any permits
			 or conditions thereof without the necessity of a prior revocation of the
			 permit;
(2) The department may
			 enter any premises in which an effluent source is located or in which records
			 are required to be kept under terms or conditions of a permit, and otherwise be
			 able to investigate, inspect, or monitor any suspected violations of water
			 quality standards, or effluent standards and limitations, or of permits or
			 terms or conditions thereof;
(3)
			 The department may assess or, with the assistance of the attorney general, sue
			 to recover in court, such civil fines, penalties, and other civil relief as may
			 be appropriate for the violation by any person of (a) any effluent standards
			 and limitations or water quality standards, (b) any permit or term or condition
			 thereof, (c) any filing requirements, (d) any duty to permit or carry out
			 inspection, entry, or monitoring activities, or (e) any rules, regulations, or
			 orders issued by the department.
(4) The department may request the
			 prosecuting attorney to seek criminal sanctions for the violation by such
			 persons of (a) any effluent standards and limitations or water quality
			 standards, (b) any permit or term or condition thereof, (c) any filing
			 requirements.
(5) The department,
			 with the assistance of the prosecuting attorney, may seek criminal sanctions
			 against any person who knowingly makes any false statement, representation, or
			 certification in any form or any notice or report required by the terms and
			 conditions of any issued permit or knowingly renders inaccurate any monitoring
			 device or method required to be maintained by the department.
Order DE 74-1, § 173-220-230, filed
				  2/15/74.