Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-204 - Sediment management standards › Part V - SEDIMENT CLEANUP STANDARDS › Section 173-204-570 - Selection of cleanup actions

Current through Register Vol. 24-14, July 15, 2024
(1)
Purpose.
This section
				establishes the minimum requirements and criteria for selecting sediment
				cleanup actions under
				chapter
				70.105D RCW. This
				section applies both to sediment-only cleanup sites and to the sediment portion
				of any combined upland and sediment cleanup site.
(2)
General requirements.
The
				department shall review and provide written approval of cleanup actions and
				sediment recovery zones under WAC
				173-204-575 prior to
				implementation of a cleanup action.
(3)
Minimum requirements for sediment
				cleanup actions.
The requirements in this subsection and the
				requirements for establishing sediment cleanup standards under WAC
				173-204-560 shall be considered
				concurrently. All sediment cleanup actions shall meet the following minimum
				requirements:
(a) Protect human health and the
				environment;
(b) Comply with all
				applicable laws;
(c) Comply with
				the sediment cleanup standards specified in WAC
				173-204-560 through
				173-204-564;
(d) Use permanent solutions to the maximum
				extent practicable, as specified in subsection (4) of this section;
(e) Provide for a reasonable restoration time
				frame as specified in subsection (5) of this section. Preference shall be given
				to alternatives with a shorter restoration time frame;
(f) Where source control measures are
				necessary as part of a cleanup action, preference shall be given to
				alternatives that include source control measures that are more effective in
				minimizing the accumulation of contaminants in sediment caused by
				discharges;
(g) If a sediment
				recovery zone is necessary as part of the cleanup action, meet the requirements
				in WAC 173-204-590;
(h) Cleanup actions for a site shall not rely
				exclusively on monitored natural recovery or institutional controls and
				monitoring where it is technically possible to implement a more permanent
				cleanup action. Where institutional controls are used, they must comply with
				WAC 173-340-440 and the department
				shall, as appropriate, consider any aquatic state land use classification under
				chapter 332-30 WAC. Preference shall be given to institutional controls with a
				demonstrated ability to control exposures and ensure the integrity of the
				cleanup action;
(i) Provide an
				opportunity for review and comment by affected landowners and the general
				public, consistent with the public participation plan, and consider concerns
				identified in these comments;
(j)
				Provide adequate monitoring to ensure the effectiveness of the cleanup action.
				Preference will be given to alternatives with a greater ability to monitor the
				effectiveness of the cleanup action; and
(k) Provide for periodic review to determine
				the effectiveness and protectiveness of cleanup actions that utilize
				containment, enhanced natural recovery, monitored natural recovery,
				institutional controls, sediment cleanup levels based on practical quantitation
				limits, or a sediment recovery zone. When required by this provision, the
				periodic review shall follow the process and requirements specified in WAC
				173-340-420.