reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-157 - Underground artificial storage and recovery › Part II - APPLICATION PROCESS › Section 173-157-170 - What must I include in the project monitoring plan?

Current through Register Vol. 24-14, July 15, 2024
Your project monitoring plan, which will be utilized to
				  evaluate and verify the assumptions in the conceptual model, during the pilot
				  and operational phases, must include the following:
(1) Proposed time intervals for sampling and
				subsequent reporting.
(2)
				Descriptions of measurement methodology, threshold values, and evaluation
				techniques for the following criteria:
(a) The
				quality of the source and receiving waters. This information must be provided
				for the period or periods of the year when the water will be stored. Testing
				must be done by a laboratory certified by either the department or
				DOH.
(b) The actual quantity of
				water injected.
(c) Changes in
				groundwater piezometric elevations in the receiving aquifer.
(d) The percentage of the initial amount of
				stored water that is recoverable after varying lengths of storage time to
				validate the estimates of the amount of stored water that is actually
				recovered.
(e) Data necessary to
				evaluate the effectiveness of required mitigation.
(f) Other data you or the department
				determine necessary for monitoring the ASR project and adverse impacts.
You must provide a report of the monitoring data, at least
				  annually, to the department. Based on the complexity of the project, the
				  department may require you to comply with a more frequent reporting schedule.
				  The required reporting frequency will be specified in the reservoir
				  permit.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-157 - Underground artificial storage and recovery › Part II - APPLICATION PROCESS › Section 173-157-180 - Where do I submit my application for a reservoir and/or secondary permit?

Current through Register Vol. 24-14, July 15, 2024
You must submit your application to the ecology water
				  resources regional office that serves the area where your project would be
				  located. Please refer to the department's web site for telephone
				  numbers.
(1) The Northwest regional
				office serves Whatcom, Island, Kitsap, San Juan, Skagit, Snohomish, and King
				counties.
(2) The Southwest
				regional office serves Clallam, Jefferson, Grays Harbor, Mason, Thurston,
				Pierce, Pacific, Lewis, Wahkiakum, Cowlitz, Clark, and Skamania
				counties.
(3) The Central regional
				office serves Okanogan, Chelan, Douglas, Kittitas, Yakima, Klickitat, and
				Benton counties.
(4) The Eastern
				regional office serves Ferry, Stevens, Pend Oreille, Lincoln, Spokane, Grant,
				Adams, Whitman, Franklin, Walla Walla, Columbia, Garfield, and Asotin
				counties.
Statutory Authority:
					 RCW
					 90.03.370(2)(b) and
					 90.44.460. 03-03-081 (Order
					 02-06), § 173-157-180, filed 1/15/03, effective
					 2/15/03.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-157 - Underground artificial storage and recovery › Part III - APPLICATION REVIEW PROCESS › Section 173-157-200 - How will the department issue reservoir permits and/or secondary permits for ASR projects?

Current through Register Vol. 24-14, July 15, 2024
(1)
				The department will process applications for permits for ASR projects in
				accordance with the provisions of
				RCW
				90.03.250 through
				90.03.320,
				RCW
				90.03.370, chapter 173-152 WAC and this
				chapter. The department shall expedite processing applications for those
				projects that:
(a) Will not require a new
				water right for diversion or withdrawal of the water to be stored;
(b) Are adding or changing one or more
				purposes of use for the stored water;
(c) Are adding to the storage capacity of an
				existing reservoir; or
(d) Are
				applying for the secondary permit to secure use of water stored in an existing
				reservoir.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-157 - Underground artificial storage and recovery › Part III - APPLICATION REVIEW PROCESS › Section 173-157-210 - Can I appeal a decision made by the department on my application?

Current through Register Vol. 24-14, July 15, 2024
Yes, all final written decisions of the department made on
				  applications pursuant to this chapter are subject to review by the pollution
				  control hearings board in accordance with the provisions of chapter 43.21B RCW
				  if you comply with the requirements for appeal established by statute and
				  rule.
Statutory Authority:
					 RCW
					 90.03.370(2)(b) and
					 90.44.460. 03-03-081 (Order
					 02-06), § 173-157-210, filed 1/15/03, effective
					 2/15/03.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-157 - Underground artificial storage and recovery › Part III - APPLICATION REVIEW PROCESS › Section 173-157-220 - Can this regulation be reviewed or updated?

Current through Register Vol. 24-14, July 15, 2024
Yes, the department may initiate a review of the rules
				  established in this chapter whenever new information, changing conditions,
				  statutory modifications, or other factors make it necessary or desirable to
				  consider revisions.
Statutory Authority:
					 RCW
					 90.03.370(2)(b) and
					 90.44.460. 03-03-081 (Order
					 02-06), § 173-157-220, filed 1/15/03, effective
					 2/15/03.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-157 - Underground artificial storage and recovery › Part III - APPLICATION REVIEW PROCESS › Section 173-157-230 - Where can I obtain copies of ecology statutes and regulations?

Current through Register Vol. 24-14, July 15, 2024
Copies of statutes and regulations cited in this chapter may
				  be obtained from the public records office at the department's headquarters
				  office. You may also obtain copies by downloading documents from the
				  department's internet site at
http://www.ecy.wa.gov
or copies of rules of
				  the pollution control hearings board from the pollution control hearings
				  board's internet site at http://www.eho.wa.gov.
Statutory Authority:
					 RCW
					 90.03.370(2)(b) and
					 90.44.460. 03-03-081 (Order
					 02-06), § 173-157-230, filed 1/15/03, effective
					 2/15/03.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-158 - Flood plain management › Section 173-158-010 - Authority

Current through Register Vol. 24-14, July 15, 2024
This chapter is adopted pursuant to chapter 86.16 RCW as
				amended during the 1989 legislative session.
Note:
Copies of all statutes, regulations, and other
							 documents cited or referred to in this chapter may be viewed at the Department
							 of Ecology, Mailstop PV-11, Olympia, Washington 98504.
Statutory Authority:
				  RCW
				  86.16.061. 90-21-089, § 173-158-010,
				  filed 10/19/90, effective 11/19/90. Statutory Authority: Chapter 86.16 RCW.
				  88-10-058 (Order 88-6), § 173-158-010, filed
				  5/4/88.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-158 - Flood plain management › Section 173-158-020 - Purpose

Current through Register Vol. 24-14, July 15, 2024
Chapter 86.16 RCW establishes statewide authority for flood
				plain management through the adoption and administration by local governments
				of regulatory programs which are compliant with the minimum standards of the
				National Flood Insurance Program (NFIP). Chapter 86.16 RCW also directs the
				department of ecology to establish minimum state requirements for flood plain
				management which equal the NFIP minimum standards; to provide technical
				assistance and information to local governments related to administration of
				their flood plain management ordinances and the NFIP; to provide assistance to
				local governments in identifying the location of the one hundred year (base)
				flood plain; and allows for the issuance of regulatory
				orders.
Statutory Authority:
				  RCW
				  86.16.061. 90-21-089, § 173-158-020,
				  filed 10/19/90, effective 11/19/90. Statutory Authority: Chapter 86.16 RCW.
				  88-10-058 (Order 88-6), § 173-158-020, filed
				  5/4/88.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-158 - Flood plain management › Section 173-158-040 - Regulatory area

Current through Register Vol. 24-14, July 15, 2024
The minimum regulatory area for state and local flood plain
				management regulations shall be those areas subject to a base (one hundred
				year) flood and designated as special flood hazard areas on the most recent
				maps provided by the Federal Emergency Management Agency (FEMA) for the
				National Flood Insurance Program (NFIP). Best available information shall be
				used if these maps are not available or sufficient as determined by the Federal
				Emergency Management Agency.
Statutory Authority:
				  RCW
				  86.16.061. 90-21-089, § 173-158-040,
				  filed 10/19/90, effective 11/19/90. Statutory Authority: Chapter 86.16 RCW.
				  88-10-058 (Order 88-6), § 173-158-040, filed
				  5/4/88.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-158 - Flood plain management › Section 173-158-045 - Technical assistance

Current through Register Vol. 24-14, July 15, 2024
The department of ecology shall provide technical assistance to
				local governments in the administration of their flood plain management
				ordinances. The department shall also assist counties, cities, and towns in
				identifying the location of the one hundred-year flood plain, and petitioning
				the federal government to alter its designations of where the one hundred-year
				flood plain is located if the federally recognized location of the one
				hundred-year flood plain is found to be inaccurate.
Statutory Authority:
				  RCW
				  86.16.061. 90-21-089, § 173-158-045,
				  filed 10/19/90, effective 11/19/90.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-158 - Flood plain management › Section 173-158-050 - Criteria for land management and use

Current through Register Vol. 24-14, July 15, 2024
The standards and definitions contained in 44 C.F.R., Parts 59
				and 60 for the National Flood Insurance Program are adopted as the minimum
				state standards by reference.
Statutory Authority: Chapter 86.16 RCW. 88-10-058 (Order
				  88-6), § 173-158-050, filed
				  5/4/88.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-158 - Flood plain management › Section 173-158-064 - Additional state requirements

Current through Register Vol. 24-14, July 15, 2024
State requirements may be established for specific flood plains
				that exceed the minimum federal requirements of the NFIP, in accordance with
				RCW
				86.16.031(8) and the
				following:
(1) A written request must
			 be submitted to the department of ecology by the affected county, city, or town
			 to initiate the process.
(2) The
			 location of the one hundred-year flood plain must be reexamined by the affected
			 community and the department of ecology, and has been certified by the
			 department as being accurate for the affected areas.
(3) The department of ecology shall negotiate
			 with the affected community to determine the content of proposed additional
			 requirements.
(4) The department of
			 ecology shall notify the public of related public meetings and public
			 hearings.
(5) The department of
			 ecology must find that the proposed increased requirements are necessary due to
			 local circumstances and general public safety.
(6) The area where the additional
			 requirements apply is to be clearly identified.
(7) Additional state requirements shall be
			 established as needed in accordance with the required state rule-making
			 procedures.
Statutory Authority:
				  RCW
				  86.16.061. 90-21-089, § 173-158-064,
				  filed 10/19/90, effective 11/19/90.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-158 - Flood plain management › Section 173-158-070 - Additional floodway requirements

Current through Register Vol. 24-14, July 15, 2024
The following additional state requirements are established in
				accordance with
				RCW
				86.16.041.
(1) Special flood hazard areas with
			 designated floodways. In addition to those NFIP requirements for designated
			 floodways, communities with designated floodways shall restrict land uses
			 within such areas to include the prohibition of construction or reconstruction
			 of residential structures except for: (a) Repairs, reconstruction, or
			 improvements to a structure which do not increase the ground floor area; and
			 (b) repairs, reconstruction, or improvements to a structure the cost of which
			 does not exceed fifty percent of the market value of the structure either (i)
			 before the repair, reconstruction, or improvement is started, or (ii) if the
			 structure has been damaged, and is being restored, before the damage occurred.
			 Work done on structures to comply with existing health, sanitary, or safety
			 codes which have been identified by the local code enforcement or building
			 official and are the minimum necessary to assure safe living conditions shall
			 not be included in the fifty percent determination in (b) of this subsection. A
			 residential dwelling located partially within a designated floodway will be
			 considered as totally within a designated floodway and must comply with this
			 chapter. However, the floodway prohibition in this subsection does not apply to
			 existing farmhouses in designated floodways that meet the provisions of WAC
			 173-158-075, or to residential
			 dwellings other than farmhouses that meet the depth and velocity and erosion
			 analysis provisions of WAC
			 173-158-076, or to structures
			 identified as historical places.
(2) Special flood hazard areas without
			 designated floodways. When a regulatory floodway for a stream has not been
			 designated, the community may require that applicants for new construction and
			 substantial improvements reasonably utilize the best available information from
			 a federal, state, or other source to consider the cumulative effect of
			 existing, proposed, and anticipated future development and determine that the
			 increase in the water surface elevation of the base flood will not be more than
			 one foot at any point in the community. Building and development near streams
			 without a designated floodway shall comply with the requirements of
			 44 C.F.R.
			 60.3(b)(3) and (4), and
			 (c)(10) of the NFIP regulations.
Statutory Authority: Chapter 86.16 RCW. 02-15-093 (Order
				  00-26), § 173-158-070, filed 7/16/02, effective 8/16/02. Statutory
				  Authority:
				  RCW
				  86.16.061. 90-21-089, § 173-158-070,
				  filed 10/19/90, effective 11/19/90. Statutory Authority: Chapter 86.16 RCW.
				  88-10-058 (Order 88-6), § 173-158-070, filed
				  5/4/88.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-158 - Flood plain management › Section 173-158-075 - Existing farmhouse standards

Current through Register Vol. 24-14, July 15, 2024
Repairs, reconstruction, replacement, or improvements to
				existing farmhouse structures located in designated floodways and which are
				located on lands designated as agricultural lands of long-term commercial
				significance under
				RCW
				36.70A.170 shall be permitted subject to the
				following:
(1) The new farmhouse is a
			 replacement for an existing farmhouse on the same farm site;
(2) There is no potential safe building site
			 for a replacement farmhouse on the same farm site outside the designated
			 floodway or the location requires close proximity to other structures in the
			 farm operation in order to maintain the integrity and operational viability of
			 the farm; in no case shall a replacement be located into an area with higher
			 flood hazards in terms of depths, velocities and erosion;
(3) Repairs, reconstruction, or improvements
			 to a farmhouse shall not increase the total square footage of encroachment of
			 the existing farmhouse;
(4) A
			 replacement farmhouse shall not exceed the total square footage of encroachment
			 of the structure it is replacing;
(5) A farmhouse being replaced shall be
			 removed, in its entirety, including foundation, from the floodway within ninety
			 days after occupancy of a new farmhouse;
(6) For substantial improvements, and
			 replacement farmhouses, the elevation of the lowest floor of the improvement
			 and farmhouse respectively, including basement, is a minimum one foot higher
			 than the base flood elevation;
(7)
			 New and replacement water supply systems are designed to eliminate or minimize
			 infiltration of flood waters into the system;
(8) New and replacement sanitary sewerage
			 systems are designed and located to eliminate or minimize infiltration of flood
			 water into the system and discharge from the system into the flood waters;
			 and
(9) All other utilities and
			 connections to public utilities are designed, constructed, and located to
			 eliminate or minimize flood damage.
Statutory Authority: Chapter 86.16 RCW. 02-15-093 (Order
				  00-26), § 173-158-075, filed 7/16/02, effective
				  8/16/02.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-158 - Flood plain management › Section 173-158-076 - Substantially damaged residential dwellings other than farmhouses

Current through Register Vol. 24-14, July 15, 2024
For all substantially damaged residential structures, other
				than farmhouses, located in a designated floodway, the department, at the
				request of the local government, is authorized to assess the risk of harm to
				life and property posed by the specific conditions of the floodway. Based upon
				scientific analysis of depth, velocity, flood-related erosion and debris load
				potential, the department may exercise best professional judgment in
				recommending to the local permitting authority repair, replacement or
				relocation of a substantially damaged structure. The property owner shall be
				responsible for submitting to local government any information necessary to
				complete the assessment required by this section when such information is not
				otherwise available.
(1)
			 Recommendation to repair or replace a substantially damaged residential
			 structure located in the regulatory floodway shall be based on the flood
			 characteristics at the site. In areas of the floodway that are subject to
			 shallow and low velocity flooding, low flood-related erosion potential, and
			 adequate flood warning time to ensure evacuation, the department may recommend
			 the replacement or repair of the damaged structure. Any substantially damaged
			 residential structure located in the regulatory floodway in a high risk zone
			 based on the flood characteristics will not be recommended to be repaired or
			 replaced. Flood warning times must be twelve hours or greater, except if the
			 local government demonstrates that it has a flood warning system and/or
			 emergency plan in operation. For purposes of this paragraph flood
			 characteristics must include:
(a) Flood depths
			 can not exceed more than three feet; flood velocities cannot exceed more than
			 three feet per second.
(b) No
			 evidence of flood-related erosion. Flood erosion will be determined by location
			 of the project site in relationship to channel migration boundaries adopted by
			 the local government. Absent channel migration boundaries, flood erosion will
			 be determined by evidence of existing overflow channels and bank erosion.
At the request of local government, the department will prepare
				a report of findings and recommendations for local government concurrence on
				repair or replacement of substantially damaged residential structures located
				in the regulatory floodway.
Without a recommendation from the department for the repair or
				replacement of a substantially damaged residential structure located in the
				regulatory floodway, no repair or replacement is allowed per WAC
				173-158-070(1).
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-158 - Flood plain management › Section 173-158-080 - Wetlands management

Current through Register Vol. 24-14, July 15, 2024
Wetlands are areas of great natural productivity and
				hydrological utility, providing natural flood control, flood desynchronization,
				and flow stabilization of rivers and streams. The unrestricted use and
				development of wetlands will destroy many of these beneficial qualities which
				directly affect human health and safety during flood events. The piecemeal
				alteration and destruction of wetlands through draining, dredging, filling and
				other means has an adverse cumulative impact on their ability to reduce flood
				damages.
Communities should, to the maximum extent possible, seek to
				avoid the short and long term adverse impacts associated with the destruction
				or modification of wetlands, especially those activities which limit or disrupt
				the ability of the wetland to ameliorate flooding impacts. Proposals for
				development within special flood hazard areas (base flood plains) should be
				reviewed for their possible impacts on wetlands located within the flood plain.
				Communities should ensure that development activities in or around wetlands do
				not negatively affect public safety, health, and welfare by disrupting the
				wetlands' ability to reduce flood and storm hazards.
Communities may request technical assistance from the
				department of ecology in identifying wetland areas. Existing wetland map
				information from the National Wetlands Inventory (NWI) can be used in
				conjunction with the community's FIRM to prepare an overlay zone indicating
				critical wetland areas deserving special attention. Local wetlands management
				strategies can also be developed which will preserve these valuable
				areas.
Statutory Authority: Chapter 86.16 RCW. 88-10-058 (Order
				  88-6), § 173-158-080, filed
				  5/4/88.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-158 - Flood plain management › Section 173-158-084 - Submittal of local ordinances

Current through Register Vol. 24-14, July 15, 2024
Communities shall submit to the department of ecology and to
				the federal Emergency Management Agency (FEMA) regional office newly adopted or
				amended flood damage prevention ordinances to incorporate the requirements of
				chapter 86.16 RCW and this chapter. Such ordinances or amendments shall take
				effect thirty days from filing with the department unless the department
				disapproves such ordinance or amendment, in writing, within that time period.
				The department may disapprove any ordinance or amendment which does not comply
				with the requirements of the NFIP, or WAC
				173-158-040,
				173-158-064, or
				173-158-070. The department will
				provide guidance and assistance to communities in preparation and review of
				draft ordinances upon request by the community.
Statutory Authority:
				  RCW
				  86.16.061. 90-21-089, § 173-158-084,
				  filed 10/19/90, effective 11/19/90.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-158 - Flood plain management › Section 173-158-086 - Local option to exceed minimum requirements

Current through Register Vol. 24-14, July 15, 2024
In accordance with
				RCW
				86.16.045 a county, city, or town may adopt
				flood plain management ordinances or requirements that exceed the minimum
				federal requirements of the National Flood Insurance Program and the state
				requirements of this chapter without following the procedures provided in
				RCW
				86.16.031(8) and WAC
				173-158-064.
Statutory Authority:
				  RCW
				  86.16.061. 90-21-089, § 173-158-086,
				  filed 10/19/90, effective 11/19/90.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-158 - Flood plain management › Section 173-158-090 - Penalties and enforcement

Current through Register Vol. 24-14, July 15, 2024
(1)
			 The attorney general or the attorney for the local government shall bring such
			 injunctive, declaratory, or other actions as are necessary to ensure compliance
			 with this chapter.
(2) Any person
			 who fails to comply with this chapter shall also be subject to a civil penalty
			 not to exceed one thousand dollars for each violation. Each violation or each
			 day of noncompliance shall constitute a separate violation.
(3) The penalty provided for in this section
			 shall be imposed by a notice in writing, either by certified mail with return
			 receipt requested or by personal service, to the person incurring the same from
			 the department or local government, describing the violation with reasonable
			 particularity and ordering the act or acts constituting the violation or
			 violations to cease and desist or, in appropriate cases, requiring necessary
			 corrective action to be taken within a specific and reasonable time.
(4) Any penalty imposed pursuant to this
			 section by the department shall be subject to review by the pollution control
			 hearings board. Any penalty imposed pursuant to this section by local
			 government shall be subject to review by the local government legislative
			 authority. Any penalty jointly imposed by the department and local government
			 shall be appealed to the pollution control hearings board.
Statutory Authority: Chapter 86.16 RCW. 88-10-058 (Order
				  88-6), § 173-158-090, filed
				  5/4/88.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-158 - Flood plain management › Section 173-158-120 - Variances

Current through Register Vol. 24-14, July 15, 2024
The variance procedure contained in 44 C.F.R., Part 60.6 and
				the local flood damage prevention ordinance shall apply to this chapter unless
				an activity or use is expressly prohibited therein.
Statutory Authority:
				  RCW
				  86.16.061. 90-21-089, § 173-158-120,
				  filed 10/19/90, effective 11/19/90. Statutory Authority: Chapter 86.16 RCW.
				  88-10-058 (Order 88-6), § 173-158-120, filed
				  5/4/88.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-160 - Minimum standards for construction and maintenance of wells › REQUIREMENTS THAT APPLY TO ALL WELLS › Section 173-160-010 - What is the purpose of this regulation?

Current through Register Vol. 24-14, July 15, 2024
(1) These regulations are adopted under
				chapter 18.104 RCW, to establish minimum standards for the construction and
				decommissioning of all wells in the state of Washington.
(2) The following are excluded from these
				regulations:
(a) Any excavation that is not
				intended to locate, divert, artificially recharge, observe, monitor, dewater,or
				withdraw groundwater except resource protection wells, ground source heat pump
				borings, grounding wells, and geotechnical soil borings.
(b) Any excavation for the purpose of
				obtaining or prospecting for oil, natural gas, minerals, products of mining,
				quarrying, inserting media to repressure oil or natural gas bearing formations,
				storing petroleum, natural gas, or other products, as provided in
				chapter
				78.52 RCW.
(c) Infiltration or exfiltrationgalleries,
				trenches, ponds, pits, and sumps, except where the department determines that
				the intended use of the excavation meets a definition in
				RCW
				18.104.020.
(d) Grounding wells and grounding rods that
				are installed to a depth of twenty-five feet or less.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-160 - Minimum standards for construction and maintenance of wells › REQUIREMENTS THAT APPLY TO ALL WELLS › Section 173-160-030 - When will this regulation be reviewed?

Current through Register Vol. 24-14, July 15, 2024
(1) The department of ecology shall initiate
				review of the rules established in this chapter:
(a) When new information, changing
				conditions, or statutory modifications make it necessary to consider revisions;
				or
(b) When statutes require the
				review of this regulation, whichever comes first.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-160 - Minimum standards for construction and maintenance of wells › REQUIREMENTS THAT APPLY TO ALL WELLS › Section 173-160-040 - How does this regulation relate to other authorities?

Current through Register Vol. 24-14, July 15, 2024
(1) Nothing in these regulations may be
				construed to waive any legal requirements of other state agencies or local
				governmental entities relating to well construction, nor may it preclude the
				adoption of more stringent minimum well construction standards by local
				government.
(2) Well contractors
				shall be familiar with all state and local well construction requirements, and
				existing and approved site plans, to include septic permits, for their job
				sites prior to initiating construction. Drillers working in counties that have
				delegated authority to inspect wells shall check with the county environmental
				health section for inspection requirements. Drillers are required to obey all
				county notification and reporting requirements.
Statutory Authority: Chapter 18.104 RCW. 06-23-121 (Order
					 06-08), § 173-160-040, filed 11/21/06, effective 12/22/06. Statutory
					 Authority: Chapter 18.104 RCW and
					 RCW
					 43.21A.080. 98-08-032 (Order 97-08), §
					 173-160-040, filed 3/23/98, effective 4/23/98. Statutory Authority:
					 Chapters
					 34.05,
					 90.54, 18.104,
					 90.03 and
					 90.44 RCW. 91-23-093 (Order 91-27),
					 § 173-160-040, filed 11/19/91, effective 12/20/91. Statutory Authority:
					 Chapter 18.104 RCW. 88-08-070 (Order 88-58), § 173-160-040, filed 4/6/88;
					 Order 73-6, § 173-160-040, filed
					 4/30/73.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-160 - Minimum standards for construction and maintenance of wells › REQUIREMENTS THAT APPLY TO ALL WELLS › Section 173-160-050 - What are the department's enforcement options?

Current through Register Vol. 24-14, July 15, 2024
The department may impose the sanctions that are appropriate
				  under authorities vested in it, including:
(1) The issuance of regulatory orders under
				RCW
				43.27A.190;
(2) Civil penalties under
				RCW
				90.03.600 and
				18.104.155; and
(3) Criminal penalties under
				RCW
				18.104.160.
Statutory Authority: Chapter 18.104 RCW and
					 RCW
					 43.21A.080. 98-08-032 (Order 97-08), §
					 173-160-050, filed 3/23/98, effective 4/23/98. Statutory Authority: Chapter
					 18.104 RCW. 88-08-070 (Order 88-58), § 173-160-050, filed 4/6/88; Order
					 73-6, § 173-160-050, filed
					 4/30/73.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-160 - Minimum standards for construction and maintenance of wells › REQUIREMENTS THAT APPLY TO ALL WELLS › Section 173-160-061 - May I appeal the department's decision?

Current through Register Vol. 24-14, July 15, 2024
(1) Yes. All final, written decisions of the
				department of ecology pertaining to permits, regulatory orders, and related
				decisions made under this chapter are subject to review by the pollution
				control hearings board in accordance with chapter 43.21B RCW.
(2) If you wish to appeal a decision of the
				department of ecology, you must appeal it before that board.
Statutory Authority: Chapter 18.104 RCW and
					 RCW
					 43.21A.080. 98-08-032 (Order 97-08), §
					 173-160-061, filed 3/23/98, effective
					 4/23/98.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-160 - Minimum standards for construction and maintenance of wells › REQUIREMENTS THAT APPLY TO ALL WELLS › Section 173-160-071 - May I appeal decisions made by delegated authorities?

Current through Register Vol. 24-14, July 15, 2024
(1) Yes. Any person
				who feels aggrieved by a decision made by a local health district or county
				under delegated authority may appeal the decision to the department of
				ecology.
(2) The appeal must be
				made within thirty days of receipt of the decision.
(3) An appeal to the department shall contain
				at least the following information:
(a) Name,
				address, and phone number of appealing party;
(b) Copy of the decision under
				appeal;
(c) A clear statement of
				what issues are disputed;
(d) A
				clear statement of what relief the appellant is seeking.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-160 - Minimum standards for construction and maintenance of wells › REQUIREMENTS THAT APPLY TO ALL WELLS › Section 173-160-073 - How will the delegated authorities be evaluated?

Current through Register Vol. 24-14, July 15, 2024
The department will, on an annual basis, review each of the
				  local health jurisdictions or counties, interagency agreements. The review
				  shall include an audit of the construction inspections, decommissioning
				  inspections, enforcement activities, variance decisions, training needs,
				  technical assistance, coordination with drillers and other driller interactions
				  that occurred during the year. The review will also address the need to update
				  or otherwise change portions of the delegation agreements.
The department will summarize the reviews into an annual
				  report. The report will be completed no later than April 1 of each year. The
				  completed report will be available to the public upon request and posted on the
				  department's web site.
Statutory Authority: Chapter 18.104 RCW. 06-23-121 (Order
					 06-08), § 173-160-073, filed 11/21/06, effective
					 12/22/06.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-160 - Minimum standards for construction and maintenance of wells › Part ONE - GENERAL REQUIREMENTS FOR WATER WELL CONSTRUCTIO › Section 173-160-101 - What are the general standards that apply to all water wells?

Current through Register Vol. 24-14, July 15, 2024
The following minimum standards apply to all waterwells
				  constructed and decommissioned in the state of Washington. It is the
				  responsibility and liability of the water well operator who constructs the
				  well, the property owner, and the water well contractor, to take whatever
				  measures are necessary to guard against waste and contamination of the
				  groundwater resources.
(1) It is
				necessary in some cases to construct and decommission wells with additional
				requirements beyond the minimum standards. Additional requirements may be
				necessary when the well is constructed or decommissioned adjacent to a known,
				or potential source of contamination. Examples of sources, or potential sources
				of contamination are found in the well siting section, WAC
				173-160-171.
(2) Nothing in these regulations limits the
				department's authority to approve comparable alternative specifications for
				well construction as technology in the industry develops, or new and comparable
				methods of construction become known to the department.
Statutory Authority: Chapter 18.104 RCW. 06-23-121 (Order
					 06-08), § 173-160-101, filed 11/21/06, effective 12/22/06. Statutory
					 Authority: Chapter 18.104 RCW and
					 RCW
					 43.21A.080. 98-08-032 (Order 97-08), §
					 173-160-101, filed 3/23/98, effective
					 4/23/98.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-160 - Minimum standards for construction and maintenance of wells › Part ONE - GENERAL REQUIREMENTS FOR WATER WELL CONSTRUCTIO › Section 173-160-106 - How do I apply for a variance on a water well?

Current through Register Vol. 24-14, July 15, 2024
(1) When strict compliance with the
				requirements and standards of this chapter are impractical, any person may
				request a variance to the department from a regulation or regulations. The
				application for variance must propose a comparable alternative specification
				that will provide equal or greater human health and resource protection than
				the minimum standards. Application for a variance shall be made in writing and
				approved prior to the construction or decommissioning of the well.
(2) The variance application shall contain at
				least the following information:
(a) Name,
				address, and phone number of the person requesting the variance;
(b) Address of well site;
(c) 1/4, 1/4, section, township,
				range;
(d) The specific
				regulation(s) that cannot be followed;
(e) The comparable alternative
				specification;
(f) Justification
				for the request.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-160 - Minimum standards for construction and maintenance of wells › Part ONE - GENERAL REQUIREMENTS FOR WATER WELL CONSTRUCTIO › Section 173-160-121 - What should I know about drilling wells that require water right permits?

Current through Register Vol. 24-14, July 15, 2024
(1)
				Unless a groundwater withdrawal is exempt from the permit requirements under
				RCW
				90.44.050, a well cannot be drilled without
				the well owner first obtaining a water right permit from the department
				authorizing the use of water from the well.
(2) The licensed operator must have a copy of
				the water right permit or certificate on site at all times.
(3) Every well that requires a permit shall
				be constructed to meet the provisions of that permit. Provisions may include:
(a) Limitations on zones of
				completion.
(b) Special sealing
				requirements.
(c) Special casing
				and liner requirements.
(d) Other
				specific construction and testing details.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-160 - Minimum standards for construction and maintenance of wells › Part ONE - GENERAL REQUIREMENTS FOR WATER WELL CONSTRUCTIO › Section 173-160-131 - What should the well owner know about water metering?

Current through Register Vol. 24-14, July 15, 2024
The department may require water users to measure the
				  quantity of water withdrawn from wells, to record water use, and/or to report
				  the water use information to the department. Until the department develops
				  specific metering and reporting requirements, these requirements may be
				  provided for in individual water right permits or as otherwise ordered by the
				  department for specific wells and groundwater use.
Statutory Authority: Chapter 18.104 RCW. 09-01-125 (Order
					 08-10), § 173-160-131, filed 12/19/08, effective 1/19/09. Statutory
					 Authority: Chapter 18.104 RCW and
					 RCW
					 43.21A.080. 98-08-032 (Order 97-08), §
					 173-160-131, filed 3/23/98, effective
					 4/23/98.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-160 - Minimum standards for construction and maintenance of wells › Part ONE - GENERAL REQUIREMENTS FOR WATER WELL CONSTRUCTIO › Section 173-160-141 - What are the requirements regarding water well reports?

Current through Register Vol. 24-14, July 15, 2024
(1) Anyone who constructs or decommissions a
				well is required to submit a complete report on the construction or
				decommissioning of the well to the water resources program within thirty days
				after completion of a well, or after the drilling equipment has left the site.
				The report must be an accurate summation of the data collected in the field
				taken from field notes written as the well was constructed or decommissioned.
				Field notes must be available at all times during construction or
				decommissioning for review by state and local inspectors and kept until the
				well report is submitted. Submission of a well report to consulting firms does
				not meet the well contractor's obligation under this section.
(a) This applies to all water
				wells.
(b) The water well report
				must be made on a form provided by the department, or a reasonable facsimile of
				the form, as approved by the department.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-160 - Minimum standards for construction and maintenance of wells › Part ONE - GENERAL REQUIREMENTS FOR WATER WELL CONSTRUCTIO › Section 173-160-151 - Does the department require prior notice and fees for well constructing, reconstructing, or decommissioning a water well?

Current through Register Vol. 24-14, July 15, 2024
(1) Yes. The property owner, owner's agent,
				or water well operator shall notify the department of their intent to begin
				wellconstruction or decommissioning procedures at least seventy-two hours
				before starting work.
(2) The
				notice of intent is submitted on forms provided by the departmentand must
				contain the following:
(a) Well owner
				name;
(b) Well location; street
				address; county name, 1/4, 1/4 section, township, and range, and tax parcel
				number;
(c) Proposed use; (if the
				intended withdrawal requires a water right, the permit or certificate shall be
				attached to the notice of intent);
(d) Approximate start and completion
				dates;
(e) Contractor registration
				number;
(f) Operator/trainee name
				and license number; and
(g)
				Drilling company name.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-160 - Minimum standards for construction and maintenance of wells › Part ONE - GENERAL REQUIREMENTS FOR WATER WELL CONSTRUCTIO › Section 173-160-161 - How shall each water well be planned and constructed?

Current through Register Vol. 24-14, July 15, 2024
Every well must be planned and constructed so that it
				  is:
(1) Adapted to those geologic and
				groundwater conditions known to exist at the well site to insure utilization of
				any natural protection available;
(2) Not a conduit for contaminating the
				groundwater or surface water nor a means of wasting water;
(3) Capable of yielding, where obtainable,
				the quantity of water necessary to satisfy the requirements the user has stated
				are needed and for which the well water is intended to be used.
Statutory Authority: Chapter 18.104 RCW. 06-23-121 (Order
					 06-08), § 173-160-161, filed 11/21/06, effective 12/22/06. Statutory
					 Authority: Chapter 18.104 RCW and
					 RCW
					 43.21A.080. 98-08-032 (Order 97-08), §
					 173-160-161, filed 3/23/98, effective
					 4/23/98.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-160 - Minimum standards for construction and maintenance of wells › Part ONE - GENERAL REQUIREMENTS FOR WATER WELL CONSTRUCTIO › Section 173-160-171 - What are the requirements for the location of the well site and access to the well?

Current through Register Vol. 24-14, July 15, 2024
(1) The proposed
				water well shall be located where it is not subject to ponding and is not in
				the floodway, except as provided in chapter 86.16 RCW.
(2) It shall be protected from a one
				hundred-year flood and from any surface or subsurface drainage capable of
				impairing the quality of the groundwater supply.
(3) All wells shall not be located within
				certain minimum distances of known or potential sources of contamination.
(a) Some examples of sources or potential
				sources of contamination include:
(i) Septic
				systems, including proposed and reserve sites under a valid septic design:
				Provided, that the design has been approved for installation by a health
				authority;
(ii) Manure, sewage, and
				industrial lagoons;
(iii)
				Landfills;
(iv) Hazardous waste
				sites;
(v) Sea/salt water intrusion
				areas;
(vi) Chemical and petroleum
				storage areas;
(vii) Pipelines used
				to convey materials with contamination potential;
(viii) Livestock barns and livestock feed
				lots.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-160 - Minimum standards for construction and maintenance of wells › Part ONE - GENERAL REQUIREMENTS FOR WATER WELL CONSTRUCTIO › Section 173-160-181 - What are the requirements for preserving the natural barriers to groundwater movement between aquifers?

Current through Register Vol. 24-14, July 15, 2024
(1) In
				constructing a water well, care shall be taken to preserve the natural barriers
				to groundwater movement between aquifers.
(2) Care shall be taken to seal aquifers or
				strata penetrated during drilling operations which might impair water quality
				or result in cascading water.
(3)
				Water wells may not interconnect aquifers.
(4) All sealing must be permanent and prevent
				movement of surface, or groundwater into the annular space between the
				permanent casing and the bore hole.
(5) Sealing shall prevent the upward movement
				of artesian waters within the annular space around the well casing and prevent
				the contamination or wasting of groundwater.
(6) Sealing shall prevent the movement of
				groundwater either upward or downward from zones that were cased off.
Statutory Authority: Chapter 18.104 RCW and
					 RCW
					 43.21A.080. 98-08-032 (Order 97-08), §
					 173-160-181, filed 3/23/98, effective
					 4/23/98.