reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-216 - State waste discharge permit program › Section 173-216-140 - Relationship with NPDES permits

Current through Register Vol. 24-14, July 15, 2024
For a given facility, permit requirements under this chapter
				and NPDES permit requirements under Water Pollution Control Act,
				RCW
				   90.48.260, shall under normal circumstances,
				be contained in a single permit document.
Statutory Authority:
				  Chapter
				  90.48 RCW. 93-10-099
				  (Order 92-55), § 173-216-140, filed 5/5/93, effective 5/19/93. Statutory
				  Authority:
				  Chapters
				  43.21A and
				  90.48 RCW. 83-23-073 (Order DE
				  83-29), § 173-216-140, filed
				  11/18/83.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-216 - State waste discharge permit program › Section 173-216-150 - Delegation of authority to issue permits for discharges into sewer systems

Current through Register Vol. 24-14, July 15, 2024
Qualified cities, towns, and other municipal corporations who
				administer a local permit program shall fulfill the requirements of chapter
				173-208 WAC and  40 C.F.R. Part 403.
Statutory Authority:
				  Chapter
				  43.21A RCW. 86-06-040
				  (Order 86-03), § 173-216-150, filed
				  3/4/86.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-218 - Underground injection control program › Section 173-218-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to protect groundwater quality
				by:
(1) Preventing groundwater
			 contamination by regulating the discharge of fluids into Underground Injection
			 Control (UIC) wells; and
(2)
			 Satisfying the intent and requirements of Part C of the Federal Safe Drinking
			 Water Act (SDWA) and the Washington state Water Pollution Control Act,
			 chapter
			 90.48 RCW.
Statutory Authority:
				  Chapters
				  43.21A and
				  90.48 RCW. 06-02-065 (Order 01-10),
				  § 173-218-010, filed 1/3/06, effective 2/3/06. Statutory Authority:
				  RCW
				     43.21A.445. 84-06-023 (Order DE 84-02),
				  § 173-218-010, filed 2/29/84.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-218 - Underground injection control program › Section 173-218-020 - Policy

Current through Register Vol. 24-14, July 15, 2024
(1) The policy of
			 the department of ecology for this chapter is:
(a) To preserve and protect groundwaters by
			 preventing the injection of fluids that will endanger groundwater;
(i) That contains fewer than 10,000 mg/L of
			 total dissolved solids and is obtainable for beneficial uses as defined in WAC
			 173-218-030;
(ii) That contains greater than 10,000 mg/L
			 of total dissolved solids and is obtainable for beneficial uses if the
			 practices meet the requirements of this chapter;
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-218 - Underground injection control program › Section 173-218-040 - UIC well classification including allowed and prohibited wells

Current through Register Vol. 24-14, July 15, 2024
The most common type of UIC well in Washington is a Class V
				well. A Class V well is usually a shallow disposal well such as a drywell,
				drainfield or French drain (see subsection (5) of this section).
(1) "Class I injection well" means a well
			 used to inject dangerous and/or radioactive waste, beneath the lowermost
			 formation containing an underground source of drinking water within one-quarter
			 mile of the well bore. All Class I wells are prohibited in Washington and must
			 be decommissioned.
(2) "Class II
			 injection well" means a well used to inject fluids:
(a) Brought to the surface in connection with
			 natural gas storage operations, or conventional oil or natural gas production.
			 It may be mixed with wastewaters from gas plants that are an integral part of
			 production operations, unless those waters are classified as hazardous wastes
			 at the time of injection;
(b) For
			 enhanced recovery of oil or natural gas; or
(c) For storage of hydrocarbons that are
			 liquid at standard temperature and pressure.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-218 - Underground injection control program › Section 173-218-050 - Exemptions from UIC well status

Current through Register Vol. 24-14, July 15, 2024
The following are not considered UIC wells and are not
				regulated under this chapter.
(1)
			 Single-family residential septic systems, handling only sanitary wastes and
			 have the capacity to serve less than twenty people per day or an equivalent
			 design capacity of less than 3,500 gallons per day;
(2) Nonresidential septic systems and
			 cesspools handling only sanitary wastes and have the capacity to serve less
			 than twenty people per day or an equivalent design capacity of less than 3,500
			 gallons per day;
(3) Any dug,
			 blasted or drilled hole, bored shaft that is not used for the subsurface
			 placement of fluids in accordance with
			 40 C.F.R.
			 144.1(g)(1)(ii);
(4) Infiltration ponds, dispersion systems,
			 or infiltration trenches that do not contain perforated pipe; or
(5) Storm drain components that contain
			 perforated pipes, drain tiles or other similar mechanisms designed and intended
			 to convey water directly or indirectly to a surface water body.
Statutory Authority:
				  Chapters
				  43.21A and
				  90.48 RCW. 06-02-065 (Order 01-10),
				  § 173-218-050, filed 1/3/06, effective 2/3/06. Statutory Authority:
				  RCW
				     43.21A.445. 84-06-023 (Order DE 84-02),
				  § 173-218-050, filed 2/29/84.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-218 - Underground injection control program › Section 173-218-060 - Requirements to operate a UIC well

Current through Register Vol. 24-14, July 15, 2024
To operate an existing or new UIC well in Washington, the UIC
				well must be registered and either rule authorized or receive a state waste
				discharge permit from the department to operate, except as noted below, and the
				following must be met:
(1) Class I UIC
			 wells are prohibited and must be decommissioned.
(2) Class II UIC wells must be registered and
			 have a state waste discharge permit issued by the department to operate, and
			 the following must occur:
(a) The well must be
			 reported to the department of natural resources in accordance with the
			 provisions of chapter 344-12 WAC General rules by any person who proposes to
			 conduct or is conducting a Class II injection well operation, as defined in
			 chapter 173-218 WAC;
(b) The
			 department of natural resources will perform review, evaluation, and approval
			 in accordance with the provisions of chapter 344-12 WAC General rules;
			 and
(c) The department of ecology
			 will process a Class II injection well application, in accordance with
			 applicable requirements as contained in 40 Code of Federal Regulations Parts
			 124 and 144 as published in Federal Register Volume 48, #64 (April 1, 1983) and
			 Part 146 as published in Federal Register Volume 45, #123 (June 24, 1980),
			 Volume 46, #166 (August 27, 1981) and Volume 47, #23 (February 3,
			 1982).
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-218 - Underground injection control program › Section 173-218-070 - Rule authorization and registration

Current through Register Vol. 24-14, July 15, 2024
In order to receive rule authorization, your well must meet the
				nonendangerment standard (see WAC
				173-218-080 and
				173-218-090)  and must be
				registered with the department unless otherwise noted below. If your UIC well
				is rule authorized, it does not need a state waste discharge permit to operate.
				Rule authorization can be rescinded if a UIC well no longer meets the
				nonendangerment standard of this chapter.
(1) Registering your UIC well:
(a) The UIC well owner or operator must
			 register the UIC well with the department and the wells only need to be
			 registered once. Registration forms are available for single and multiple sites
			 and can be found on the department's web site at
http://www.ecy.wa.gov/programs/wq/grndwtr/uic
.
			 When completing the form, the following information must be included:
(i) Operator/owner information;
(ii) Site location;
(iii) Best management practices used to
			 protect groundwater quality;
(iv)
			 UIC well description;
(v) Other
			 information the department determines is necessary to meet the nonendangerment
			 standard.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-218 - Underground injection control program › Section 173-218-080 - The nonendangerment standard for UIC wells

Current through Register Vol. 24-14, July 15, 2024
To meet the nonendangerment standard you must prevent the
				movement of fluid containing any contaminant into the groundwater if the
				contaminant may cause a violation of chapter 173-200 WAC Water quality
				standards for the groundwaters of the state of Washington. In order to meet the
				nonendangerment standard, you must meet the following:
(1) Be in compliance with the following
			 sections in
			 RCW
			    90.48.010,
			 90.48.080,
			 90.48.160,
			 90.48.162, and
			 90.48.455;
(2) Be in compliance with chapter 173-200 WAC
			 Water quality standards for groundwaters of the state of Washington; such as,
			 but not limited to, providing best management practices at the site that will
			 fulfill the AKART requirement; and
(3) Be constructed, operated, maintained and
			 decommissioned in a manner that protects groundwater quality as described in
			 40 C.F.R.
			 144.12(a).
Statutory Authority:
				  Chapters
				  43.21A and
				  90.48 RCW. 06-02-065 (Order 01-10),
				  § 173-218-080, filed 1/3/06, effective 2/3/06. Statutory Authority:
				  RCW
				     43.21A.445. 84-06-023 (Order DE 84-02),
				  § 173-218-080, filed 2/29/84.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-218 - Underground injection control program › Section 173-218-100 - UIC wells that automatically meet the nonendangerment standard

Current through Register Vol. 24-14, July 15, 2024
(1) The following
			 new and existing Class V UIC wells automatically meet the nonendangerment
			 standard and are considered rule authorized after the well is registered. These
			 Class V wells are not subject to the requirements of WAC
			 173-218-090:
(a) UIC wells which inject fluids that meet
			 chapter 173-200 WAC, Water quality standards for groundwaters of the state of
			 Washington, to control subsidence;
(b) UIC wells that temporarily inject fluids
			 or other material for the purpose of maintaining a properly functioning water
			 extraction well or dewatering well;
(c) Closed loop heating and cooling water
			 return flow wells that have not added any chemicals or product to the
			 water;
(d) Air conditioning or heat
			 pump return flow wells that have not added any chemical or product to the
			 water, and are used to return fluid to the supply aquifer. The fluids must not
			 impair beneficial uses of groundwater or surface water;
(e) Aquifer recharge wells that meet the
			 requirements in chapter 173-157 WAC Underground artificial storage and
			 recovery;
(f) UIC wells used as
			 part of a reclaimed water project that meet the requirements of the Water
			 reclamation and reuse standards as authorized by
			 RCW
			    90.46.042;
(g) Septic systems that serve twenty or more
			 people per day or an equivalent design capacity of 3,500 gallons or larger per
			 day; and
(i) Receive operating permits, meet
			 the requirements and are permitted in accordance with chapter 246-272B WAC
			 Large on-site sewage system regulations; or
(ii) Meet the requirements of chapter
			 246-272A WAC On-site sewage systems.
(h) UIC wells receiving storm water from
			 nonpollution generating surfaces; and
(i) UIC wells that only receive runoff from a
			 roof coated with an inert, nonleachable material and a roof that is not subject
			 to venting of manufacturing, commercial, or other indoor pollutants.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-218 - Underground injection control program › Section 173-218-110 - Permit terms and conditions if a UIC well is not rule authorized

Current through Register Vol. 24-14, July 15, 2024
If you are denied rule authorization and you are operating a
				UIC well, you must obtain a state waste discharge permit under chapter 173-216
				WAC State waste discharge permit program or chapter 173-226 WAC Waste discharge
				general permit program or close the well.
(1) Permit terms and conditions must meet the
			 requirements of chapter 173-216 or 173-226 WAC and this chapter.
(2) All injection activities including
			 construction of an injection well are prohibited until the well is rule
			 authorized or issued a permit
			 40 C.F.R.
			 144.31 (October 4, 2001).
Statutory Authority:
				  Chapters
				  43.21A and
				  90.48 RCW. 06-02-065 (Order 01-10),
				  § 173-218-110, filed 1/3/06, effective 2/3/06. Statutory Authority:
				  RCW
				     43.21A.445. 84-06-023 (Order DE 84-02),
				  § 173-218-110, filed 2/29/84.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-218 - Underground injection control program › Section 173-218-115 - Specific requirements for Class V wells used to inject carbon dioxide for permanent geologic sequestration

Current through Register Vol. 24-14, July 15, 2024
(1)
Permit required:
(a) Class V UIC wells used for the geologic
			 sequestration of carbon dioxide are not rule authorized and must obtain a state
			 waste discharge permit under chapter 173-216 WAC, State waste discharge permit
			 program or chapter 173-226 WAC, Waste discharge general permit
			 program.
(b) Class V injection
			 wells used for the geologic sequestration of carbon dioxide may directly
			 discharge into an aquifer only if:
(i) The
			 aquifer contains "naturally nonpotable groundwater" as defined in WAC
			 173-200-020(18) and is beneath the lowermost geologic formation containing potable groundwater
			 within the vicinity of the geologic sequestration project area;
(ii) The operator has obtained a permit under
			 the state waste discharge permit program or the waste discharge general permit
			 program establishing enforcement limits which may exceed the groundwater
			 quality criteria, as allowed under WAC
			 173-200-050(3)(b)(vi);
(iii) The operator uses all known, available
			 and reasonable methods of prevention, control and treatment (AKART) to remove
			 contaminants, such as sulfur compounds and other contaminants, from the
			 injected CO2. Geologic sequestration of carbon dioxide
			 shall not be used for the disposal of non-CO2
			 contaminants that can be removed with known treatment technologies;
			 and
(iv) The operator is in
			 compliance with all conditions of their state waste discharge permit or their
			 waste discharge general permit.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-218 - Underground injection control program › Section 173-218-120 - Decommissioning a UIC well

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Decommissioning standards for all UIC wells:
(a) Wells must be decommissioned in a manner
			 that prevents movement of fluid containing any contaminant into the groundwater
			  (40 C.F.R.
			 144.82); and
(b) When decommissioning wells, the owner or
			 operator must dispose or otherwise manage any soil, gravel, sludge, liquids or
			 other materials removed from or adjacent to the wells in accordance with all
			 applicable federal, state, and local requirements (  40 C.F.R. 144.82b
			).
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-218 - Underground injection control program › Section 173-218-130 - Enforcement

Current through Register Vol. 24-14, July 15, 2024
(1) For violations
			 of this chapter, the department shall rely upon the provisions of the Water
			 Pollution Control Act,
			 chapter
			 90.48 RCW, and all other
			 applicable statutes.
(2) All
			 injection well operations not operated in accordance with the provisions of
			 this chapter, that cause or tend to cause entry of fluids into the waters of
			 the state as a result of a violation of these provisions, constitutes pollution
			 of the waters of the state in violation of
			 RCW
			    90.48.080.
Statutory Authority:
				  Chapters
				  43.21A and
				  90.48 RCW. 06-02-065 (Order 01-10),
				  § 173-218-130, filed 1/3/06, effective
				  2/3/06.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-219 - RECLAIMED WATER › Section 173-219-020 - Purpose and scope

Current through Register Vol. 24-14, July 15, 2024
(1) Purpose.
			 The purpose of this chapter is to encourage the use of reclaimed water to help
			 meet the growing need for clean water across the state by establishing a
			 regulatory framework for the generation, distribution, and use of reclaimed
			 water for the beneficial uses established in chapter 90.46 RCW and this
			 chapter.
Nothing in this chapter shall supersede or diminish the
				provisions of chapters 173-200, 173-201A, 173-500, 246-290, 246-292, 246-272,
				246-272A, 246-272B, and 246-274 WAC.
(2) Scope. This chapter implements chapter
			 90.46 RCW and establishes requirements for production, distribution, and use of
			 reclaimed water as authorized by ecology and health. This chapter also
			 establishes lead and nonlead agency designations, roles, and responsibilities
			 over particular aspects of reclaimed water, as well as requirements for:
(a) Planning, designing, constructing,
			 operating, and maintaining reclaimed water facilities.
(b) Permitting of reclaimed water
			 facilities.
(c) Technology-based
			 treatment, operational storage and distribution, treatment reliability, and
			 use-based requirements.
(d)
			 Compliance with
			 RCW
			    90.46.130, preventing impairment of existing
			 water rights.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-219 - RECLAIMED WATER › Section 173-219-030 - Applicability

Current through Register Vol. 24-14, July 15, 2024
(1) Applicability.
			 The requirements of this chapter apply to all existing and proposed facilities
			 that are or will be designed, constructed, operated, and maintained in the
			 state of Washington to generate, distribute, and/or use reclaimed water, and to
			 the persons involved in these activities.
(2) Exceptions to applicability.
(a) Nonpotable reuse systems.
(b) Greywater or treated greywater as defined
			 in RCW
			    90.46.010 and chapter 246-274 WAC.
(c) Agricultural industrial process water as
			 defined in
			 RCW
			    90.46.010.
(d) Industrial reuse water as defined in
			 RCW
			    90.46.010.
(e) Land treatment systems of wastewater
			 regulated under chapter 90.48 RCW.
(f) On-site sewage treatment systems, with no
			 reclaimed water generation, under chapters 70.118 and 70.118B RCW and 246-272,
			 246-272A, and 246-272B WAC.
(g)
			 Reclaimed water facility maintenance. The capture and redirection of wastewater
			 effluent or reclaimed water for facility and internal purposes provided those
			 uses are:
(i) In restricted areas.
(ii) Not subject to public
			 exposure.
(iii) Under the direct
			 control of the generator's or user's authorized maintenance
			 personnel.
(iv) Described within an
			 approved operations and maintenance manual.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-219 - RECLAIMED WATER › Section 173-219-040 - Direct enforceability

Current through Register Vol. 24-14, July 15, 2024
All persons subject to the requirements of this chapter must
				comply on the effective date of this chapter, except as allowed under
				subsection (1) of this section.
(1)
			 Exceptions. Persons issued a permit before the effective date of this chapter
			 are subject to this chapter except as follows:
(a) The lead agency may issue an extension
			 for compliance to persons issued a permit before the effective date of this
			 chapter to provide a reasonable timeline for compliance with this
			 chapter.
(b) Persons issued a
			 permit before the effective date of this chapter:
(i) Must request the extension for compliance
			 in writing and provide good cause for the request.
(ii) Are not required to obtain a
			 modification of the existing reclaimed water permit until the application for
			 the permit renewal is due under WAC 173-219-070.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-219 - RECLAIMED WATER › Section 173-219-050 - Lead agency designation

Current through Register Vol. 24-14, July 15, 2024
When either health or ecology is the lead agency under this
				section, the other agency will be the nonlead agency. On a case-by-case basis,
				ecology and health may agree to change the lead agency designation. If the lead
				agency changes, the new lead agency must notify the generator within ten
				calendar days of the change.
(1)
			 Ecology as lead agency. Ecology is the lead agency and will issue permits when:
(a) The reclaimed water facility source water
			 is wastewater effluent from a water pollution control facility permitted by, or
			 requiring a permit from, ecology.
(b) Reclaimed water or inadequately treated
			 water, is released to:
(i) Water bodies
			 regulated under chapter 90.48 RCW and, if applicable, the Federal Water
			 Pollution Control Act.
(ii) A water
			 pollution control facility permitted by ecology.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-219 - RECLAIMED WATER › Section 173-219-060 - Agency requirements and responsibilities

Current through Register Vol. 24-14, July 15, 2024
(1) Lead agency responsibilities.
(a) Coordinate with the nonlead agency,
			 including:
(i) Preplanning meeting and
			 scoping of project.
(ii) Review of
			 required documents including, but not limited to, all project or permit
			 applications, reports, plans, specifications, and draft and final permits and
			 fact sheets.
(iii) Incorporation of
			 nonlead agency permit requirements as directed in this chapter.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-219 - RECLAIMED WATER › Section 173-219-070 - Permit required

Current through Register Vol. 24-14, July 15, 2024
No reclaimed water may be distributed or used without a
				reclaimed water permit issued pursuant to this chapter and chapter 90.46 RCW.
				Nothing in a reclaimed water permit excuses a person from complying with all
				applicable federal, state, or local statutes, ordinances, or
				regulations.
(1) Eligibility to apply
			 for a reclaimed water permit. Any person proposing to generate any type of
			 reclaimed water for a use regulated under this chapter shall obtain a permit
			 from the lead agency prior to distribution or use of that water. A permit under
			 this chapter may only be issued to:
(a) A
			 municipal, quasi-municipal, or other governmental entity.
(b) A private utility, if the lead agency
			 determines that the private utility meets the requirements in WAC
			 173-219-180.
(c) The holder of an
			 active on-site sewage treatment permit under chapter 70.118B RCW or a permit or
			 approval under chapter 70.118A RCW.
(d) The holder of an active waste discharge
			 permit issued under chapter 90.48 RCW.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-219 - RECLAIMED WATER › Section 173-219-080 - Applying for a reclaimed water permit

Current through Register Vol. 24-14, July 15, 2024
(1) Reclaimed water permit application.
(a) Applications for reclaimed water permits
			 shall be submitted to the lead agency no later than one hundred eighty calendar
			 days before planned distribution of reclaimed water for use.
(b) Upon receipt of the application or
			 renewal application for a permit, the lead agency must assess the application
			 for completeness within ninety calendar days.
(c) Prior to submitting an application, the
			 permit applicant must receive lead agency approval on a feasibility analysis
			 under WAC 173-219-180.
(d) Prior
			 to, or in conjunction with, submitting an application, the permit applicant
			 must complete the required engineering report and submit it to lead agency for
			 approval.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-219 - RECLAIMED WATER › Section 173-219-090 - Water rights protection

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Compliance with
			 RCW
			    90.46.130. Any person applying to ecology or
			 health for a reclaimed water permit, permit renewal, or permit modification
			 under this chapter must demonstrate compliance with
			 RCW
			    90.46.130.
(2) Determining compliance. Ecology is
			 responsible for determining whether a proposed reclaimed water facility would
			 comply with
			 RCW
			    90.46.130. Ecology's determination must be
			 consistent with the provisions of chapter 90.03 RCW, the state water code,
			 chapter 90.44 RCW, regulation of public groundwaters,
			 RCW
			    90.46.130, and applicable case law.
(3) Existing water rights. Existing water
			 rights include any permits, certificates, instream flows established by rule
			 pursuant to chapters 90.22 and 90.54 RCW, vested water rights asserted by a
			 water right claim, and all federally reserved water rights in existence when
			 ecology accepts a submitted water rights impairment analysis.
(4) Impairment analysis. The applicant must
			 prepare and submit an impairment analysis of potentially impaired water rights
			 as part of the feasibility analysis under WAC 173-219-180. The impairment
			 analysis must be stamped by an engineer or hydrogeologist licensed in
			 Washington. A preliminary proposal for compensation or mitigation as allowed
			 under RCW
			    90.46.130 may be included with the
			 feasibility analysis. The generator must submit a detailed description of the
			 compensation or mitigation plan as part of the engineering report submitted
			 under WAC 173-219-210, if necessary to demonstrate compliance with
			 RCW
			    90.46.130.
(5) Permit renewals or modifications. Permit
			 renewals and modifications must demonstrate compliance with
			 RCW
			    90.46.130.
(6) Notification and consultation. Ecology
			 and the applicant will jointly notify and consult with affected tribes and the
			 Washington state department of fish and wildlife (WDFW) before ecology makes
			 its final determination of compliance with
			 RCW
			    90.46.130.
(7) Final determination. Ecology will make
			 the final determination of compliance with
			 RCW
			    90.46.130 as part of the decision to issue or
			 deny the reclaimed water permit.
(8) Cost reimbursement. The applicant may
			 request assistance from ecology through a cost reimbursement agreement, based
			 on resource availability, during any stage of scoping or conducting an analysis
			 to demonstrate compliance with
			 RCW
			    90.46.130. Cost reimbursement agreements must
			 meet the requirements of
			 RCW
			    43.21A.690.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-219 - RECLAIMED WATER › Section 173-219-100 - Public access to information

Current through Register Vol. 24-14, July 15, 2024
The lead agency must make available for inspection and copying
				records relating to reclaimed water permits, in accordance with chapter 42.56
				RCW. The lead agency may require a reasonable fee for copying of documents.
				Claims of confidentiality must be handled in accordance with the appropriate
				provisions of chapters 42.56 RCW and 173-03 WAC, and
				RCW
				   43.21A.160. For reclaimed water permits that
				are also subject to NPDES permit requirements, ecology must disclose any
				information accorded confidential to the USEPA regional administrator if the
				USEPA requests this information.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-219 - RECLAIMED WATER › Section 173-219-110 - Public notice

Current through Register Vol. 24-14, July 15, 2024
(1) Public
			 notice of permit application when ecology is the lead agency. Ecology will
			 provide notice of a complete reclaimed water permit application via electronic
			 mail, posting on ecology's web site, press release, or other appropriate
			 means.
(2) Public notice of draft
			 permitting decision when ecology is the lead agency. Ecology will publish via
			 electronic mail, posting to ecology's web site, press release, or other
			 appropriate means, any draft decision to issue a permit, including ecology's
			 findings on compliance with
			 RCW
			    90.46.130. This public notice must state that
			 a draft reclaimed water permit is available for review and comment and at a
			 minimum, include the following:
(a) The name,
			 address, email, and phone number of the lead agency.
(b) The procedure for obtaining a copy of the
			 fact sheet and the draft permit(s).
(c) The type and location of the reclaimed
			 water facility.
(d) The procedures
			 for finalizing the draft reclaimed water permit and the means by which
			 interested persons may comment on the draft reclaimed water permit, including:
(i) The length of the public comment period.
(ii) How and by when to request a
			 public hearing.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-219 - RECLAIMED WATER › Section 173-219-120 - Public comment period

Current through Register Vol. 24-14, July 15, 2024
Public comment period required. A minimum of thirty calendar
				days from the beginning of the public comment period must be provided for
				public input and comment on a draft permit. The lead agency must retain,
				consider, and respond to all comments received during the public comment
				period.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-219 - RECLAIMED WATER › Section 173-219-130 - Public hearing request

Current through Register Vol. 24-14, July 15, 2024
During the public comment period, any person may request a
				public hearing for the lead agency to accept verbal comments on the drafts. Any
				such request for a public hearing must be filed with the lead agency before the
				end of the public comment period. The lead agency will hold a public hearing if
				it determines there is sufficient public interest.
(1) Notice of a public hearing. Notice must
			 be published at least thirty calendar days in advance of the hearing.
(a) When ecology is lead agency, it must
			 publish notice of the hearing at least as widely as the notice of the draft
			 permitting decision.
(b) When
			 health is the lead agency, the generator must publish the notice and provide
			 proof of publication to health.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-219 - RECLAIMED WATER › Section 173-219-140 - Relationship with other ecology and health permits

Current through Register Vol. 24-14, July 15, 2024
Ecology will streamline permit requirements under this chapter
				and chapters 173-216 and 173-220 WAC, and NPDES permit requirements under the
				Federal Water Pollution Control Act into a single permit document issued by
				ecology.
Health will streamline permit requirements under this chapter
				and chapter 173-216 WAC, and on-site sewage system permit requirements under
				RCW
				   70.118B.020 and
				43.20.050 into a single permit
				document issued by health.
The lead agency may issue a separate reclaimed water permit
				with an associated wastewater permit on a case-by-case basis when determined by
				the lead agency to improve implementation of chapter 90.46 RCW and this
				chapter.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-219 - RECLAIMED WATER › Section 173-219-150 - Regulatory action for noncompli-ance

Current through Register Vol. 24-14, July 15, 2024
The generation, distribution, and/or use of reclaimed water
				without a permit, or in a manner that violates the terms and conditions of a
				permit, order, or directive issued under this chapter, is prohibited.
(1) Immediate protection of public health or
			 the environment. When it appears to the lead agency that immediate action is
			 required to protect human health and safety or the environment, the lead agency
			 may issue a written order or directive to the person or persons responsible
			 without first issuing a notice of determination of violation pursuant to
			 subsection (2) of this section. An order or directive issued pursuant to this
			 subsection shall be served by registered mail or personally upon any person to
			 whom it is directed, and shall inform the person or persons responsible to take
			 immediate action, and of the process for requesting an adjudicative
			 hearing.
(2) Notice of
			 determination of violation. The notice of determination of violation is not an
			 appealable order or directive. Upon determination of a violation or substantial
			 potential to violate this chapter or chapter 90.46 RCW, and except as provided
			 for in subsection (1) of this section, the lead agency must:
(a) Provide notice of the determination of
			 violation by registered mail or personally to the responsible person or
			 persons.
(b) Provide thirty
			 calendar days from receipt of the notice for the responsible party to submit a
			 full report containing the steps taken or to be taken to comply with the
			 determination of violation.
If the violation is not corrected or proposed actions or
				schedule are not sufficient, the lead agency may issue an order, directive, or
				other enforcement action to the responsible party after the expiration of
				thirty calendar days, or after the full report is filed in response to the
				notice of determination of violation, whichever is sooner.
(c) Send the order, directive, or enforcement
			 action by registered mail and inform the responsible party of the process for
			 requesting an adjudicative hearing.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-219 - RECLAIMED WATER › Section 173-219-160 - Appeals

Current through Register Vol. 24-14, July 15, 2024
(1) Appealable
			 actions. Any person aggrieved by a permitting decision, made in accordance with
			 provisions of this chapter, may appeal that decision as provided by law
			 applicable to the agency issuing the decision. This includes, but is not
			 limited to, chapters 34.05, 43.21B, 43.70 RCW, and
			 RCW
			    90.46.220(7), 90.46.-250,
			 and 90.46.270.
(2) Adjudicative
			 proceedings. The request for an adjudicative proceeding must be made in the
			 form and manner set forth in the lead agency's laws and regulations, where
			 consistent with chapter 90.46 RCW.
(a)
			 Health's procedural rules are set forth in chapter 246-10 WAC and Part 8 of
			 chapter 246-272B WAC.
(b) Ecology's
			 final agency actions are appealable through the pollution control hearings
			 board (PCHB) in accordance with the PCHB's procedural rules.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-219 - RECLAIMED WATER › Section 173-219-170 - Preplanning and project application

Current through Register Vol. 24-14, July 15, 2024
(1) Early consultation with lead and nonlead
			 agencies. Potential generators must arrange and attend a preplanning meeting
			 with the lead and nonlead agency to determine the scope of the feasibility
			 analysis, as well as other planning, permitting, or technical matters related
			 to their intention to generate and distribute reclaimed water for
			 use.
(2) Project application. When
			 health is the lead agency, the generator must submit a project application and
			 fee prior to health reviewing any document submittals required under this
			 chapter, consistent with chapters 246-272B and 246-272 WAC.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-219 - RECLAIMED WATER › Section 173-219-190 - Timing and signature requirements

Current through Register Vol. 24-14, July 15, 2024
(1) Timing. The generator is responsible for
			 ensuring that there is sufficient time to meet funding, contractual, and other
			 project deadlines.
(a) The lead agency may
			 require an update to an approved engineering document to address changes in
			 conditions, regulatory requirements, or engineering technology when three or
			 more years have elapsed between agency approval of the documents and the
			 construction of the reclaimed water facility.
(b) The lead agency must receive the required
			 submittals by the deadline established in the permit or compliance
			 schedule.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-219 - RECLAIMED WATER › Section 173-219-200 - Plan review and review standards

Current through Register Vol. 24-14, July 15, 2024
(1) Plan review required. All feasibility,
			 planning, design, and construction documents and, if applicable, associated
			 fees, must be submitted to the lead agency for review and approval before
			 constructing or significantly modifying reclaimed water facilities.
The lead agency will comment on, approve, or reject documents
				submitted for planning, design, and/or construction within ninety calendar days
				of receipt. If circumstances prevent adequate review within a period of ninety
				days, the lead agency must notify the entity of the reason for the delay and
				provide an estimated review completion date.
(2) Review standards. The lead agency and
			 nonlead agency, if applicable, must review all applications, plans, analyses,
			 engineering reports, and operations and maintenance manuals to ensure they are
			 reasonably consistent with the appropriate sections of the most recent edition
			 of ecology's guidance,
Criteria for Sewage Works Design
(orange book) and ecology and health's guidance,
Reclaimed Water
			 Facilities Manual
(purple book). Additional review references may
			 include, but are not limited to, the documents listed in WAC
			 173-240-040. The purpose of the
			 review is to evaluate whether the proposed reclaimed water facilities meet:
(a) State standards and other requirements
			 for the generation, distribution, and use of reclaimed water under this chapter
			 and chapter 90.46 RCW.
(b)
			 Applicable requirements of chapters 90.48 and 90.54 RCW necessary to prevent
			 and control pollution of waters of the state.
(c) Applicable requirements of chapter
			 70.118, 70.118A, 70.118B, 70.119, 70.119A, or 43.20 RCW with respect to on-site
			 sewage systems or public water systems.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-219 - RECLAIMED WATER › Section 173-219-220 - Plans and specifications

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Approved construction plans and specifications. Construction plans and
			 specifications must be submitted to the lead agency for review and approval
			 prior to construction of the facility. The generator must submit:
(a) Two complete sets of paper plans and
			 specifications, and one complete set in an electronic format for approval as
			 allowed by the lead agency. The lead agency may waive the requirement for paper
			 submittals.
(b) Construction plan
			 and specifications meeting lead agency guidance and standards.
Once the lead agency determines that the final design documents
				are acceptable, it will stamp one of the paper copies of the final plans
				"approved" and return them to the generator for their records.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-219 - RECLAIMED WATER › Section 173-219-230 - Construction and declaration of construction

Current through Register Vol. 24-14, July 15, 2024
(1) Construction of reclaimed water
			 facilities.
(a) Reclaimed water facilities
			 must be constructed in accordance with chapter 90.46 RCW, this chapter, and the
			 construction plans and specifications approved by the lead agency prior to
			 construction.
(b) When health is
			 the lead agency, no construction is permitted until health issues a written
			 approval to construct, under chapter 246-272B WAC. If construction does not
			 begin within two years following the date of health's approval of the plans and
			 specifications, the approval shall expire or be extended as directed in WAC
			 246-272B-02350.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-219 - RECLAIMED WATER › Section 173-219-250 - Certified operators

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Certified operator requirements. Certified operators must perform certain
			 functions for reclaimed water facilities, as identified in this chapter or the
			 reclaimed water permit, and consistent with the certifications standards of the
			 agency issuing the certificate. The reclaimed water permit must require that
			 the generator and distributor, if separate persons, employ one or more
			 operators, or a contractor(s) employing operators, with certain operator
			 certification classifications or levels.
(2) Allowable certifications.
(a) For generators and distributors: Health
			 certifications, under chapter 246-292 WAC, for waterworks treatment,
			 distribution management, cross-connection control, and back-flow prevention
			 assembly testing.
(b) For
			 generators: Ecology certification, under chapter 173-230 WAC, for wastewater
			 treatment.
(c) For generators and
			 distributors: Either health or ecology certifications, for reclaimed water
			 treatment, when one develops a reclaimed water operator certification
			 program.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-219 - RECLAIMED WATER › Section 173-219-260 - Monitoring, recording, and reporting

Current through Register Vol. 24-14, July 15, 2024
Any use, generation, distribution, or storage of reclaimed
				water, authorized by a permit may be subject to such monitoring requirements as
				may be reasonably required by the lead agency, including the installation, use
				and maintenance of monitoring equipment or methods, and, where appropriate,
				biological monitoring methods. The lead agency must establish monitoring,
				recording, and reporting requirements and include them in the required
				permit(s).
(1) Monitoring schedules. A
			 detailed self-monitoring and testing schedule for water quality limits, other
			 substances, or parameters, required to demonstrate that the reclaimed water is
			 protective of human health and the environment.
(2) Monitoring parameters. The lead agency
			 may increase monitoring parameters or frequency for cause including, but not
			 limited to, significant, recurrent reclaimed water permit violations, where
			 determined necessary to protect public health or the environment, or for other
			 cause. The lead agency may base parameters, sample types, locations, and
			 frequencies requirements on:
(a) Available
			 guidance or model permits.
(b)
			 Quantity, quality, and variability of the reclaimed water.
(c) Treatment methods.
(d) Significance of the pollutants.
(e) Availability of appropriate indicator or
			 surrogate parameters.
(f) Cost of
			 monitoring.
(g) Past compliance
			 history.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-219 - RECLAIMED WATER › Section 173-219-270 - Reclaimed water permit terms and conditions

Current through Register Vol. 24-14, July 15, 2024
The reclaimed water permit must identify terms and conditions
				determined to be necessary by the lead agency, for the protection of public
				health, the environment, and to implement this chapter and chapters 90.46,
				90.48, 70.118, and 70.118B RCW as applicable. The reclaimed water permit may
				establish additional conditions on a case-by-case basis specific to the types
				of distribution systems and uses authorized through a use agreement. Terms and
				conditions must include, but are not limited to:
(1) Regulatory entry and access. For
			 assessing compliance, the generator must allow the lead and nonlead agencies
			 the right to:
(a) Enter the premises where
			 the generator keeps records and the permitted reclaimed water
			 facilities.
(b) Inspect any records
			 that the permit requires the generator to keep under the conditions of the
			 reclaimed water permit.
(c) Inspect
			 any facility, equipment, practice, or operation permitted or required by the
			 reclaimed water permit.
(d) Sample
			 or monitor any substance or any parameter at the reclaimed water
			 facility.
(e) Copy, at reasonable
			 cost, any records required by the terms and conditions of the reclaimed water
			 permit.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-219 - RECLAIMED WATER › Section 173-219-280 - Fact sheet

Current through Register Vol. 24-14, July 15, 2024
(1) Fact sheet
			 required. The lead agency must prepare a fact sheet to support the reclaimed
			 water permit.
(2) Content of the
			 fact sheet. The fact sheet must include, but is not limited to, the following:
(a) Nature of the source water to the
			 reclaimed water facility.
(b)
			 Chemical, biological, and physical characteristics of the reclaimed water
			 generated.
(c) Size of the
			 reclaimed water facility, the approved facility design, reliability features,
			 and methods of operation.
(d)
			 Methods of distribution.
(e) Types
			 of uses covered under the reclaimed water permit.
(f) For existing reclaimed water treatment
			 facilities, the compliance history of the reclaimed water facility.
(g) The need for monitoring and recordkeeping
			 to document compliance.
(h) Legal
			 considerations relative to land use, water rights, local wellhead protection
			 regulations, and the public interest.
(i) Requirements from other local, state, and
			 federal agencies.
(j) Summary of:
(i) Type and location of all proposed
			 reclaimed water facilities.
(ii)
			 Reclaimed water quality and purpose of the proposed uses.
(iii) Legal and technical basis for the
			 reclaimed water permit terms and conditions.
(iv) Procedures for public review and
			 comment.