reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 371 - Environmental and Land Use Hearings Office (Pollution Control Hearings Board) › Chapter 371-08 - Practice and procedure › Part E - PREHEARING PRACTICE › Section 371-08-440 - Settlement and mediation agreements

Current through Register Vol. 24-14, July 15, 2024
(1)
				Where the parties settle an appeal before hearing, the parties shall prepare
				and submit to the board a request for an order of dismissal to which the
				settlement agreement is attached, submit that request to the board, and the
				board shall enter an order and dismiss the case.
(2) This section also pertains to settlement
				agreements reached during mediation.
Statutory
					 Authority:
					 RCW  43.21B.170. 96-15-003, §
											371-08-440,
					 filed 7/3/96, effective 8/3/96.
Washington Administrative Code › Title 371 - Environmental and Land Use Hearings Office (Pollution Control Hearings Board) › Chapter 371-08 - Practice and procedure › Part E - PREHEARING PRACTICE › Section 371-08-445 - Use of telephone conferences, motion hearings and hearings

Current through Register Vol. 24-14, July 15, 2024
Upon the motion of any party or independently, the presiding
				  officer may decide to conduct any conference, motion hearing or hearing by
				  telephone call or other electronic means to promote the fair, speedy and
				  economical processing of a matter.
Statutory
					 Authority:
					 RCW  43.21B.170,
					 chapter
					 34.05 RCW, and
					 RCW  43.21B.001, [43.21B].190, [43.21B].230,
					 [43.21B].300,[43.21B].310 . 05-15-017, §
											371-08-445, filed 7/7/05,
					 effective 8/7/05. Statutory Authority:
					 RCW  43.21B.170. 96-15-003, §
											371-08-445,
					 filed 7/3/96, effective 8/3/96.
Washington Administrative Code › Title 371 - Environmental and Land Use Hearings Office (Pollution Control Hearings Board) › Chapter 371-08 - Practice and procedure › Part E - PREHEARING PRACTICE › Section 371-08-450 - Motions

Current through Register Vol. 24-14, July 15, 2024
(1) An application to the board for an order
				must be by motion which, unless made during a hearing, must be in writing,
				state with particularity the grounds therefor and set forth the relief sought.
				A moving party is not required to submit a proposed order with a motion unless
				requested to do so by the presiding officer.
(2) For motions for continuance or for
				schedule changes, or other motions that are likely to be uncontested, the
				moving party shall affirmatively seek the stipulation of all parties and
				present a stipulated order wherever possible.
(3) If the motion is contested, any party may
				request, or the board may independently set, oral argument on the motion. The
				presiding officer will decide whether or not oral argument will be held and
				notify the parties accordingly. At oral argument, the board will consider the
				arguments of the parties but will not take evidence or testimony from
				witnesses.
(4) Unless a scheduling
				letter or order provides otherwise, the following schedule governs all written
				motions (including any supporting affidavits, memoranda of law, or other
				documentation):
(a) All motions dispositive of
				all or part of an appeal must be filed and served not later than 90 days before
				the secondary hearing date, or, if no secondary date applies, the primary
				hearing date, unless the presiding officer by order allows otherwise.
(b) All responses to any dispositive motion
				must be filed and served 14 days from the receipt of the motion by the
				non-moving party. The moving party then has 10 days from receipt of the
				response to file and serve a reply.
(c) All responses to any nondispositive
				motion must be filed and served five days from receipt of the motion by the
				nonmoving party. The moving party then has three days from receipt of the
				response to file and serve a reply.
(d) In exigent or exceptional circumstances,
				a party may at any time request the board to modify the above schedules by
				requesting a scheduling conference (which may be telephonic) with the presiding
				officer.
Washington Administrative Code › Title 371 - Environmental and Land Use Hearings Office (Pollution Control Hearings Board) › Chapter 371-08 - Practice and procedure › Part E - PREHEARING PRACTICE › Section 371-08-455 - Setting primary and secondary hearing dates

Current through Register Vol. 24-14, July 15, 2024
(1) Each case shall be assigned a
				  primary hearing date. A case has first priority for hearing on that
				  date.
(2) Each case may be assigned a secondary hearing date. That
				  date will precede the primary hearing date. A case has second priority for
				  hearing on the secondary date, and will proceed to hearing only if the primary
				  case does not proceed. The parties to a primary case shall inform the hearing
				  coordinator for the board as soon as any settlement occurs. The parties to a
				  secondary case may contact the hearing coordinator to learn whether or not the
				  primary case will proceed. The parties to a secondary case may also contact
				  directly the parties to a primary case to learn whether or not the primary case
				  will proceed.
Statutory
					 Authority:
					 RCW 43.21B.170. 96-15-003, §
											371-08-455,
					 filed 7/3/96, effective 8/3/96.
Washington Administrative Code › Title 371 - Environmental and Land Use Hearings Office (Pollution Control Hearings Board) › Chapter 371-08 - Practice and procedure › Part E - PREHEARING PRACTICE › Section 371-08-460 - Postponements or continuances of hearings

Current through Register Vol. 24-14, July 15, 2024
(1) Postponement or continuance of a hearing
				  is within the discretion of the presiding officer, whether contested or
				  uncontested by the parties. The board may postpone or continue a hearing on its
				  own motion.
(2) A party may seek the postponement or continuance of a
				  hearing by written motion and according to the procedure set forth in WAC
				  371-08-450.
Statutory
					 Authority:
					 RCW 43.21B.170, 90.58.174, chapters 43.21B,
					 34.05, and
					 90.58 RCW. 07-03-074, §
											371-08-460, filed 1/17/07, effective 2/17/07. Statutory Authority:
					 RCW 43.21B.170. 96-15-003, §
											371-08-460,
					 filed 7/3/96, effective 8/3/96.
Washington Administrative Code › Title 371 - Environmental and Land Use Hearings Office (Pollution Control Hearings Board) › Chapter 371-08 - Practice and procedure › Part E - PREHEARING PRACTICE › Section 371-08-465 - Dismissal, default or withdrawal of the appeal

Current through Register Vol. 24-14, July 15, 2024
(1)
				If a party fails to attend or participate in a hearing or other stage of an
				adjudicative proceeding, the presiding officer may serve upon all parties a
				default or dismissal order which shall include a statement of the grounds for
				the order. Within seven days after service of a default or dismissal order for
				failure to attend or participate, the party against whom it was entered may
				file a written motion requesting that the order be vacated and stating the
				grounds relied upon.
(2) An
				appellant may request to withdraw an appeal. Requests to withdraw an appeal
				shall be governed by civil rule 41.
Statutory
					 Authority:
					 RCW  43.21B.170. 96-15-003, §
											371-08-465,
					 filed 7/3/96, effective 8/3/96.
Washington Administrative Code › Title 371 - Environmental and Land Use Hearings Office (Pollution Control Hearings Board) › Chapter 371-08 - Practice and procedure › Part F - HEARINGS › Section 371-08-470 - Hearing briefs

Current through Register Vol. 24-14, July 15, 2024
Hearing briefs, if filed, must be submitted to the board at
				  least seven days before the hearing or such other time as directed by the
				  presiding officer. The brief must be filed with the board and served on the
				  other parties or their attorneys. The board may permit or require the filing of
				  additional briefs.
Statutory
					 Authority:
					 RCW  43.21B.170, 90.58.174, chapters 43.21B,
					 34.05, and
					 90.58 RCW. 07-03-074, §
											371-08-470, filed 1/17/07, effective 2/17/07. Statutory Authority:
					 RCW  43.21B.170. 96-15-003, §
											371-08-470,
					 filed 7/3/96, effective 8/3/96.
Washington Administrative Code › Title 371 - Environmental and Land Use Hearings Office (Pollution Control Hearings Board) › Chapter 371-08 - Practice and procedure › Part F - HEARINGS › Section 371-08-475 - Procedures at hearings

Current through Register Vol. 24-14, July 15, 2024
(1)
Presiding officer.
All hearings are conducted by a presiding
				officer who shall conduct the hearing in an orderly manner and rule on all
				procedural matters, objections and motions.
(2)
Testimony under oath.
All
				testimony to be considered by the board must be sworn or affirmed. The
				presiding officer, or other authorized officer, shall administer the oath to
				witnesses.
(3)
Recording.
(a) An official record
				of all evidentiary hearings must be made by manual, electronic, or other type
				of recording device.
(b) Unofficial
				use of photographic and recording equipment is permitted at hearings; however,
				anyone seeking to use such equipment must consult first with the presiding
				officer, who may impose conditions on their use as necessary to prevent
				disruption of the hearing.
Washington Administrative Code › Title 371 - Environmental and Land Use Hearings Office (Pollution Control Hearings Board) › Chapter 371-08 - Practice and procedure › Part F - HEARINGS › Section 371-08-480 - Additional evidence by presiding officer

Current through Register Vol. 24-14, July 15, 2024
The presiding officer may, when all parties
				  have rested, present such evidence, in addition to that presented by the
				  parties, as deemed necessary to decide the appeal fairly and equitably. Any
				  such evidence secured and presented by the presiding officer shall be presented
				  in an impartial manner, and shall be received subject to full opportunity for
				  cross-examination by all parties. If a party desires to present rebuttal
				  evidence to any evidence so presented by the presiding officer, application
				  shall be made therefor immediately following the conclusion of such evidence.
				  Such application shall be granted by assignment of a time and place for
				  presentation of such rebuttal evidence.
Statutory
					 Authority:
					 RCW 43.21B.170. 96-15-003, §
											371-08-480,
					 filed 7/3/96, effective 8/3/96.
Washington Administrative Code › Title 371 - Environmental and Land Use Hearings Office (Pollution Control Hearings Board) › Chapter 371-08 - Practice and procedure › Part F - HEARINGS › Section 371-08-485 - Standard and scope of review and burden of proof at hearings

Current through Register Vol. 24-14, July 15, 2024
(1) Hearings shall be quasi-judicial in
				nature. The scope and standard of review shall be de novo unless otherwise
				provided by law.
(2) The board
				shall make findings of fact based on the preponderance of the evidence unless
				otherwise required by law.
(3) The
				issuing agency shall have the initial burden of proof in cases involving
				penalties or regulatory orders. In other cases, the appealing party shall have
				the initial burden of proof.
Statutory
					 Authority:
					 RCW  43.21B.170. 02-06-013, §
											371-08-485,
					 filed 2/22/02, effective 3/25/02; 96-15-003, §
											371-08-485, filed 7/3/96,
					 effective 8/3/96.
Washington Administrative Code › Title 371 - Environmental and Land Use Hearings Office (Pollution Control Hearings Board) › Chapter 371-08 - Practice and procedure › Part F - HEARINGS › Section 371-08-490 - Provision of interpreters and of reasonable accommodations to individuals with special needs

Current through Register Vol. 24-14, July 15, 2024
(1) Whenever any person involved in an
				  adjudicative proceeding is eligible for an interpreter, as that eligibility is
				  defined in WAC
				  10-08-150, or qualifies for
				  reasonable accommodations as a person with disabilities, that person shall
				  request an interpreter or other reasonable accommodation from the presiding
				  officer not later than three weeks before the date of the hearing, conference
				  or other situation for which the interpreter or accommodation is needed. The
				  board shall comply with the provisions of WAC
				  10-08-150 and
				  10-08-160(2) regarding interpreters.
(2) Information about proceedings before the board is
				  available in alternate format upon request.
Statutory
					 Authority:
					 RCW 43.21B.170. 96-15-003, §
											371-08-490,
					 filed 7/3/96, effective 8/3/96.
Washington Administrative Code › Title 371 - Environmental and Land Use Hearings Office (Pollution Control Hearings Board) › Chapter 371-08 - Practice and procedure › Part F - HEARINGS › Section 371-08-500 - Rules of evidence - Admissibility criteria

Current through Register Vol. 24-14, July 15, 2024
(1) Evidence, including hearsay
				  evidence, is admissible if in the judgment of the presiding officer it is the
				  kind of evidence on which reasonably prudent persons are accustomed to rely in
				  the conduct of their affairs. All relevant evidence is admissible which, in the
				  opinion of the presiding officer, is the best evidence reasonably obtainable,
				  having due regard for its necessity, availability and trustworthiness. In
				  passing upon the admissibility of evidence, the presiding officer shall give
				  consideration to, but shall not be bound to follow, the rules of evidence
				  governing civil proceedings in matters not involving trial by jury in the
				  superior courts of the state of Washington.
(2) The presiding officer shall exclude evidence that is
				  excludable on constitutional or statutory grounds or on the basis of
				  evidentiary privilege recognized in the courts of this state.
Statutory
					 Authority:
					 RCW 43.21B.170. 96-15-003, §
											371-08-500,
					 filed 7/3/96, effective 8/3/96.
Washington Administrative Code › Title 371 - Environmental and Land Use Hearings Office (Pollution Control Hearings Board) › Chapter 371-08 - Practice and procedure › Part F - HEARINGS › Section 371-08-505 - Rules of evidence - Official notice - Matters of law

Current through Register Vol. 24-14, July 15, 2024
The presiding officer, upon
				  request made before or during a hearing, will officially notice:
(1)
Federal law.
The Constitution; congressional
				  acts, resolutions, records, journals and committee reports; decisions of
				  federal courts and administrative agencies; executive orders and proclamations;
				  and all rules, orders and notices published in the
Federal
				  Register.
(2)
State law.
The Constitution of the state of
				  Washington; acts of the legislature, resolutions, records, journals and
				  committee reports; decisions of Washington state courts and administrative
				  agencies; executive orders and proclamations by the governor; and all rules,
				  orders and notices filed with the code reviser.
(3)
Governmental organization.
Organization,
				  territorial limitations, officers, departments, and general administration of
				  the government of the state of Washington, the United States, the several
				  states and foreign nations.
(4)
Agency organization.
The department,
				  commission or board organization, administration, officers, personnel, and
				  official publications.
(5)
Rules of regional authorities.
Rules or
				  regulations of air pollution control boards or authorities established pursuant
				  to chapter 70.94 RCW, when such rules or regulations are filed with the board pursuant to
				  RCW  43.21B.260.
Statutory
					 Authority:
					 RCW 43.21B.170 and Den Beste v. Washington, No.
					 13967-1-III (Div. III, April 18, 1996). 96-17-016, §
											371-08-505, filed
					 8/12/96, effective 9/12/96.
Washington Administrative Code › Title 371 - Environmental and Land Use Hearings Office (Pollution Control Hearings Board) › Chapter 371-08 - Practice and procedure › Part F - HEARINGS › Section 371-08-510 - Rules of evidence - Official notice - Material facts

Current through Register Vol. 24-14, July 15, 2024
(1) In the absence of
				  controverting evidence, the presiding officer, upon request made before or
				  during a hearing, or in a proposed decision, may officially notice:
(a)
Board proceedings.
The pendency of, the
				  issues and position of the parties therein, and the disposition of any
				  proceeding then pending before or theretofore concluded by the board;
(b)
Business customs.
General customs and
				  practices followed in the transaction of business;
(c)
Notorious facts.
Facts so generally and
				  widely known to all well-informed persons as not to be subject to reasonable
				  dispute, or specific facts which are capable of immediate and accurate
				  demonstration by resort to accessible sources of generally accepted authority,
				  including but not exclusively, facts stated in any publication authorized or
				  permitted by law to be made by any federal or state officer, department, or
				  agency;
(d)
Technical knowledge.
Matters within the
				  technical knowledge of the board as a body of experts, within the scope or
				  pertaining to the subject matter of its statutory duties, responsibilities or
				  jurisdiction.
Washington Administrative Code › Title 371 - Environmental and Land Use Hearings Office (Pollution Control Hearings Board) › Chapter 371-08 - Practice and procedure › Part F - HEARINGS › Section 371-08-515 - Rules of evidence - Tentative admission - Exclusion - Discontinuance - Objections

Current through Register Vol. 24-14, July 15, 2024
When objection is made to the admissibility of
				  evidence, such evidence may be received subject to a later ruling. The
				  presiding officer may, either with or without objection, exclude inadmissible
				  evidence or order cumulative evidence discontinued. Parties objecting to the
				  introduction of evidence shall state the precise grounds of such objection at
				  the time such evidence is offered.
Statutory
					 Authority:
					 RCW 43.21B.170. 96-15-003, §
											371-08-515,
					 filed 7/3/96, effective 8/3/96.
Washington Administrative Code › Title 371 - Environmental and Land Use Hearings Office (Pollution Control Hearings Board) › Chapter 371-08 - Practice and procedure › Part G - DECISIONS BY THE BOARD AFTER HEARING › Section 371-08-520 - Contents of the record

Current through Register Vol. 24-14, July 15, 2024
The record before the board in any adjudicative
				  proceeding shall consist of the decision or order appealed from, the notice of
				  appeal therefrom, responsive pleadings, if any, and notices of appearances, and
				  any other written applications, motions, stipulations or requests duly filed by
				  any party and written reports or orders of the presiding officer. Such record
				  shall also include all depositions, if they are admitted at the hearing, the
				  transcript of testimony as provided in WAC
				  371-08-525, and other proceedings
				  at the hearing, together with all exhibits admitted. No part of the
				  department's record or other documents shall be made part of the record of the
				  board unless admitted in evidence.
Statutory
					 Authority:
					 RCW 43.21B.170. 96-15-003, §
											371-08-520,
					 filed 7/3/96, effective 8/3/96.
Washington Administrative Code › Title 371 - Environmental and Land Use Hearings Office (Pollution Control Hearings Board) › Chapter 371-08 - Practice and procedure › Part G - DECISIONS BY THE BOARD AFTER HEARING › Section 371-08-525 - Preparation of transcripts

Current through Register Vol. 24-14, July 15, 2024
(1) The board, in its discretion, may at any
				  time cause a transcript to be printed, but will not normally do so.
(2) When the board does not cause a transcript to be printed,
				  it shall be the obligation of the party wishing a transcript, or portions of
				  it, to order the same from the board reporter and assume the printing
				  costs.
Statutory
					 Authority:
					 RCW 43.21B.170. 96-15-003, §
											371-08-525,
					 filed 7/3/96, effective 8/3/96.
Washington Administrative Code › Title 371 - Environmental and Land Use Hearings Office (Pollution Control Hearings Board) › Chapter 371-08 - Practice and procedure › Part G - DECISIONS BY THE BOARD AFTER HEARING › Section 371-08-530 - Preparation of findings, conclusions and orders

Current through Register Vol. 24-14, July 15, 2024
Upon request of the board or
				  presiding officer, findings, conclusions and orders shall be prepared by
				  counsel and be based upon the board's oral or memorandum opinion. The board or
				  presiding officer may adopt, in whole or in part, the parties' findings,
				  conclusions and orders or the board may prepare its own findings, conclusions
				  and orders.
Statutory
					 Authority:
					 RCW 43.21B.170. 96-15-003, §
											371-08-530,
					 filed 7/3/96, effective 8/3/96.
Washington Administrative Code › Title 371 - Environmental and Land Use Hearings Office (Pollution Control Hearings Board) › Chapter 371-08 - Practice and procedure › Part G - DECISIONS BY THE BOARD AFTER HEARING › Section 371-08-535 - Final decisions and orders

Current through Register Vol. 24-14, July 15, 2024
(1) When the
				hearing on the appeal has been concluded, and upon completion of the record and
				submission of the issues for decision and order, a written final decision and
				order concurred in by a majority of the board may be adopted which shall
				contain findings and conclusions as to each contested issue of fact and law
				material to the disposition of the matter.
(2) The record before the board shall be
				considered by at least two of the members of the board; provided, that if two
				members cannot agree on a decision, the third member must consider the record
				before the board; and provided further, that if two members cannot agree on a
				decision in any case, the substantive decision of the agency (or authority)
				will control.
(3) The board's final
				decision and order shall be served on each party to the appeal or the attorney
				or representative of record. The board's final decision and order may be served
				electronically when a party agrees to electronic service. Service upon the
				representative constitutes service upon the party.
Statutory
					 Authority:
					 RCW  43.21B.170, 90.58.174, chapters 43.21B,
					 34.05, and
					 90.58 RCW. 07-03-074, §
											371-08-535, filed 1/17/07, effective 2/17/07. Statutory Authority:
					 RCW  43.21B.170. 96-15-003, §
											371-08-535,
					 filed 7/3/96, effective 8/3/96.
Washington Administrative Code › Title 371 - Environmental and Land Use Hearings Office (Pollution Control Hearings Board) › Chapter 371-08 - Practice and procedure › Part G - DECISIONS BY THE BOARD AFTER HEARING › Section 371-08-540 - Review of permits under the National Pollutant Discharge Elimination System

Current through Register Vol. 24-14, July 15, 2024
(1) The provisions of this section shall apply
				  only to review proceedings before the board pertaining to permits issued by the
				  department under the provisions of the National Pollutant Discharge Elimination
				  System.
(2) In those cases where the board determines that the
				  department issued a permit that is invalid in any respect, the board shall
				  order the department to reissue the permit as directed by the board and
				  consistent with all applicable statutes and guidelines of the state and federal
				  governments.
Statutory
					 Authority:
					 RCW 43.21B.170. 96-15-003, §
											371-08-540,
					 filed 7/3/96, effective 8/3/96.
Washington Administrative Code › Title 371 - Environmental and Land Use Hearings Office (Pollution Control Hearings Board) › Chapter 371-08 - Practice and procedure › Part G - DECISIONS BY THE BOARD AFTER HEARING › Section 371-08-545 - Review of permits issued under chapter 173-303 WAC

Current through Register Vol. 24-14, July 15, 2024
(1) This section shall only
				  apply to the board's review of permits issued by the department under chapter
				  173-303 WAC.
(2) In the event that the board determines that a department
				  permit under chapter 173-303 WAC is invalid in any respect, the board shall
				  remand the permit to the department for reconsideration and appropriate action
				  consistent with the board's order and federal and state law.
Statutory
					 Authority:
					 RCW 43.21B.170. 96-15-003, §
											371-08-545,
					 filed 7/3/96, effective 8/3/96.
Washington Administrative Code › Title 371 - Environmental and Land Use Hearings Office (Pollution Control Hearings Board) › Chapter 371-08 - Practice and procedure › Part G - DECISIONS BY THE BOARD AFTER HEARING › Section 371-08-550 - Petitions for reconsideration

Current through Register Vol. 24-14, July 15, 2024
(1)
(a) After issuance of a final decision, any
				party may file a petition for reconsideration with the board. Such petition
				must be filed and served on all parties within 10 days of the board serving the
				final decision under WAC 371-08-535(3). The board may require an answer, or
				parties may elect to file an answer, to the petition for reconsideration. Any
				answer to a petition for reconsideration must be filed and served on all
				parties within five days of the receipt of the petition.
(b) The filing of a petition for
				reconsideration does not stay the effectiveness of the final decision of the
				board.
(c) In response to a
				petition for reconsideration, the board may deny it, or may reverse or modify
				its decision or may reopen the hearing. The board is deemed to have denied the
				petition if, within 20 days from the date the petition is filed, the board does
				not act on the petition or specify a date by which it will act on the
				petition.
Washington Administrative Code › Title 371 - Environmental and Land Use Hearings Office (Pollution Control Hearings Board) › Chapter 371-08 - Practice and procedure › Part H - APPEALS FROM BOARD DECISIONS › Section 371-08-555 - Time for filing petitions for review to superior court

Current through Register Vol. 24-14, July 15, 2024
An appeal of a final board order is called a petition for
				  review. A petition for review must be filed with superior court within 30 days
				  from the date of service of the final order or decision as provided in RCW
				    34.05.542. The petitioner shall file a copy of the petition for review to
				  superior court with the board and shall serve all parties of record. All
				  appeals must first be filed in superior court even if direct review to the
				  court of appeals will be sought.
Statutory
					 Authority:
					 RCW  43.21B.170,
					 90.58.175, 2010 c 84, 2010 c 130,
					   2010 c  210, and   2010 c  285. 10-18-021, §
											371-08-555, filed 8/23/10,
					 effective 9/23/10. Statutory Authority:
					 RCW  43.21B.170,
					 chapter
					 34.05 RCW and RCW  43.21B.190. 06-07-088, §
											371-08-555, filed 3/15/06, effective 4/15/06.
					 Statutory Authority:
					 RCW  43.21B.170 and SHB 1314. 97-19-064, §
											371-08-555, filed 9/15/97, effective 10/16/97. Statutory Authority:
					 RCW  43.21B.170. 96-15-003, §
											371-08-555,
					 filed 7/3/96, effective 8/3/96.
Washington Administrative Code › Title 371 - Environmental and Land Use Hearings Office (Pollution Control Hearings Board) › Chapter 371-08 - Practice and procedure › Part H - APPEALS FROM BOARD DECISIONS › Section 371-08-560 - Direct review to the court of appeals upon certification by the board

Current through Register Vol. 24-14, July 15, 2024
Statutory
					 Authority:
					 RCW  43.21B.170, 90.58.174, chapters 43.21B,
					 34.05, and
					 90.58 RCW. 07-03-074, §
											371-08-560, filed 1/17/07, effective 2/17/07. Statutory Authority:
					 RCW  43.21B.170. 96-15-003, §
											371-08-560,
					 filed 7/3/96, effective 8/3/96.
Washington Administrative Code › Title 371 - Environmental and Land Use Hearings Office (Pollution Control Hearings Board) › Chapter 371-08 - Practice and procedure › Part H - APPEALS FROM BOARD DECISIONS › Section 371-08-565 - Certification of record

Current through Register Vol. 24-14, July 15, 2024
(1) Within
				thirty days of receipt of a copy of the petition for judicial review to the
				superior court or notice of acceptance of the certificate of appealability by
				the court of appeals, the board shall certify and transmit to the reviewing
				court the record made before the board. Additional time for certification and
				transmission of the record may be allowed by the reviewing court.
(2) Normally the record will not include a
				transcript of the testimony. Unless the board has caused a transcript to be
				printed, arrangements for and costs of the written transcript shall be the
				obligation of the party seeking judicial review.
Statutory
					 Authority:
					 RCW  43.21B.170. 96-15-003, §
											371-08-565,
					 filed 7/3/96, effective 8/3/96.
Washington Administrative Code › Title 371 - Environmental and Land Use Hearings Office (Pollution Control Hearings Board) › Chapter 371-08 - Practice and procedure › Part I - SEPA REVIEW OF BOARD ACTIVITIES › Section 371-08-570 - Applicability of SEPA guidelines

Current through Register Vol. 24-14, July 15, 2024
The board has reviewed its authorized activities
				  pursuant to the SEPA rules and has found them all to be exempt from that
				  chapter.
Statutory
					 Authority:
					 RCW 43.21B.170. 96-15-003, §
											371-08-570,
					 filed 7/3/96, effective 8/3/96.
Washington Administrative Code › Title 372 - Ecology, Department of (Water Pollution) › Chapter 372-36 - Columbia Basin irrigation area - Sewage and waste › Section 372-36-020 - Promulgation

Current through Register Vol. 24-14, July 15, 2024
The following regulations regarding the discharge of waste products to the canals, drains, wasteways, reservoirs and groundwaters of the Columbia Basin Irrigation Project Area and the minimum standards for the treatment and disposal of sewage and industrial wastes in this area are hereby adopted and promulgated.
Statutory Authority: RCW 43.216.001 [43.21B.001] and chapter 43.21A RCW. 88-13-029 (Order 88-62), § 372-36-020, filed 6/8/88; Rule .04.241, filed 3/1/60.
Washington Administrative Code › Title 372 - Ecology, Department of (Water Pollution) › Chapter 372-36 - Columbia Basin irrigation area - Sewage and waste › Section 372-36-030 - Domestic sewage rules

Current through Register Vol. 24-14, July 15, 2024
(1)
Municipal and community.
(Including school and industrial installations):
(a) The discharge of raw sewage is prohibited under any circumstances.
(b) The discharge of sewage treatment plant effluent into canals used for irrigation or stock watering is prohibited.
(c) The discharge of sewage treatment plant effluent into drains, wasteways, or reservoirs, from which water is subsequently reused in canals and laterals is prohibited, except by specific approval where special circumstances may require such discharge.
(d) The disposal of sewage treatment plant effluent by land application methods is prohibited in locations where such disposal would adversely affect surface or groundwater withdrawn for domestic purposes. Discharge at extreme depths is prohibited.
(Note:
Rules and regulations of the state board of health prohibit irrigation of certain crops with sewage plant effluent.)
(e) The minimum degree of treatment shall, in any case, be at least the equivalent of primary treatment and disinfection of the effluent.
(f) Additional treatment, of a degree to be determined for each case, shall be provided where specific approval is granted for discharge to drains, wasteways, or reservoirs.
(g) Additional treatment, of a degree to be determined for each case, shall be provided prior to disposal by land application methods when necessary to prevent possible contamination of ground and surface waters, or creation of a nuisance.
(h) Notwithstanding (a) through (g) of this subsection, the degree of treatment, the provision for disinfection and method of disposal shall be a matter for the determination and approval of the department of ecology for each individual case.
Washington Administrative Code › Title 372 - Ecology, Department of (Water Pollution) › Chapter 372-36 - Columbia Basin irrigation area - Sewage and waste › Section 372-36-040 - Industrial wastes - General requirements

Current through Register Vol. 24-14, July 15, 2024
The following materials shall not be discharged to any drain or wasteway in excess of the concentration specified in each case. In no case will any of these materials be discharged to a canal:
(1) No oils, tars, cleaning compounds or inflammables.
(2) No phenols or pheno-like compounds in excess of 0.05 parts per million.
(3) No toxic materials such as:
(a) Fruit washing compounds
(b) Wood preservatives
(c) Insecticides -- aldrin, rotenone, BHC, DDT, and all other similar products
(d) No weed killers
(e) Metallic or nonmetallic products of metal processing or plating -- acids, alkalies, cyanides, copper, etc.
Washington Administrative Code › Title 372 - Ecology, Department of (Water Pollution) › Chapter 372-36 - Columbia Basin irrigation area - Sewage and waste › Section 372-36-050 - Industrial wastes - Groundwater requirements

Current through Register Vol. 24-14, July 15, 2024
Wastes containing materials listed in WAC 372-36-040(1) through (5)   above, shall not be disposed of in such a way as to enter the groundwater.
Rule .04.243(B), filed 3/1/60.
Washington Administrative Code › Title 372 - Ecology, Department of (Water Pollution) › Chapter 372-36 - Columbia Basin irrigation area - Sewage and waste › Section 372-36-060 - Specific requirements of each industry - Milk plants

Current through Register Vol. 24-14, July 15, 2024
(1) Condenser water, cooling water and ice machine water may be discharged to drains or waterways, but not to canals.
(2) Wastes after proper treatment may be discharged to a drain or wasteway, if such discharge is approved by the department of ecology. The preferred methods of disposal of milk waste are:
(a) Small receiving stations or bottling plants -- connection to city sewers, or irrigation.
(b) All others -- irrigation or treatment by filtration or activated sludge.
Washington Administrative Code › Title 372 - Ecology, Department of (Water Pollution) › Chapter 372-36 - Columbia Basin irrigation area - Sewage and waste › Section 372-36-070 - Specific requirements of each industry - Canning, freezing and dehydration

Current through Register Vol. 24-14, July 15, 2024
(1) Cooling waters may be discharged to drain or wasteway.
(2) Wastes shall be screened (20-mesh standard gauge) and disposed of by lagooning, irrigation or in leaching trenches.
Rule .04.243 (C)(2), filed 3/1/60.
Washington Administrative Code › Title 372 - Ecology, Department of (Water Pollution) › Chapter 372-36 - Columbia Basin irrigation area - Sewage and waste › Section 372-36-080 - Specific requirements of each industry - Meat packing

Current through Register Vol. 24-14, July 15, 2024
No wastes from slaughterhouses or meat packing plants shall be allowed to enter any drain or wasteway. Recommended methods of disposal are:
(1) In all cases, blood, paunch manure, fleshings and grease shall be collected for rendering or some other type of utilization.
(2) Wastes from small operations after complying with subsection (1) above may be accepted in city sewer system or may be treated by a combination grease trap-septic tank and drain field.
(3) Wastes from large plants after complying with subsection (1) above may be treated by filtration and the effluent used for irrigation but not discharged to a canal, drain or wasteway.
Rule .04.243 (C)(3), filed 3/1/60.
Washington Administrative Code › Title 372 - Ecology, Department of (Water Pollution) › Chapter 372-36 - Columbia Basin irrigation area - Sewage and waste › Section 372-36-090 - Specific requirements of each industry - Beet sugar

Current through Register Vol. 24-14, July 15, 2024
(1) No lime wastes, process waters or Steffen's waste shall be discharged to any drain or wasteway or in any way such that it may reach groundwater.
(2) Flume water may be discharged to a drain or wasteway, but only after grit removal and reuse in the flumes with not more than 40 percent make-up. The waste water discharged to provide for the make-up must be settled in a tank equipped for continuous sludge removal and having a detention period of 2 hours.
(3) Flume water may be lagooned or used for irrigation.
Rule .04.243 (C)(4), filed 3/1/60.
Washington Administrative Code › Title 372 - Ecology, Department of (Water Pollution) › Chapter 372-36 - Columbia Basin irrigation area - Sewage and waste › Section 372-36-100 - Specific requirements of each industry - Potato washings

Current through Register Vol. 24-14, July 15, 2024
(1) Wash water shall not be discharged to any wasteway or drain if it is possible to dispose of the water by irrigation on land.
(2) If wash water is to be discharged to any wasteway or drain it must first be settled in a tank equipped with continuous sludge removal equipment and having a detention period of 2 hours or in a lagoon with a similar detention period with sufficient additional space for sand and solids accumulation.
(3) Wash water may be lagooned or used for irrigation.
Rule .04.243 (C)(5), filed 3/1/60.
Washington Administrative Code › Title 372 - Ecology, Department of (Water Pollution) › Chapter 372-36 - Columbia Basin irrigation area - Sewage and waste › Section 372-36-110 - Specific requirements of each industry - Sand and gravel washing

Current through Register Vol. 24-14, July 15, 2024
No sand and gravel washings will be discharged to a drain or wasteway unless first passed through a lagoon with a settling period of 2 days.
Rule .04.243 (C)(6), filed 3/1/60.
Washington Administrative Code › Title 372 - Ecology, Department of (Water Pollution) › Chapter 372-36 - Columbia Basin irrigation area - Sewage and waste › Section 372-36-120 - Specific requirements of each industry - Livestock wastes

Current through Register Vol. 24-14, July 15, 2024
(1) Feed lots or hog wallows shall not be located within 100 feet of any wells used for public water supply.
(2) Feed lots or hog wallows shall be so located that surface runoff or waste water from the lot will not enter any canal, drain, wasteway or reservoir.
(3) Livestock and poultry carcasses shall not be deposited in any canal, drain, wasteway or reservoir.
Rule .04.243 (C)(7), filed 3/1/60.
Washington Administrative Code › Title 372 - Ecology, Department of (Water Pollution) › Chapter 372-36 - Columbia Basin irrigation area - Sewage and waste › Section 372-36-130 - Specific requirements of each industry - Miscellaneous operations

Current through Register Vol. 24-14, July 15, 2024
(1) Garbage disposal areas and incinerators shall be so located to preclude discharge of drainage to any canal, drain, wasteway or reservoir.
(2) Operations not covered by these requirements will be considered individually and requirements established as the need arises.
Rule .04.243 (C)(8), filed 3/1/60.
Washington Administrative Code › Title 372 - Ecology, Department of (Water Pollution) › Chapter 372-52 - Water districts requests for approvals and certifications of necessity to operate sewer districts › Section 372-52-010 - Definitions

Current through Register Vol. 24-14, July 15, 2024
For purposes of this chapter, the following definitions are applicable:
(1) "Ecology" shall mean the Washington state department of ecology.
(2) "Approval and a certification of necessity" shall mean an order of ecology which gives approval to a water district to establish, maintain, construct and operate a sewer system in a proposed service area in accordance with RCW  57.08.065.
(3) "Necessity" shall mean a reasonable need and not mean an indispensable need.
(4) "Proposed service area" shall mean the area proposed to be served with a sewer system by the applicant water district.
(5) "Sewer system" shall mean a system of sewers and appurtenances for the collection, transportation, treatment and disposal of sewage and industrial wastes.
(6) "Sewage" shall mean the water-carried waste products or discharge from human beings or other wastes from residences, public or private buildings, or industrial plants, together with such ground, surface or storm waters as may be present.
(7) "Industrial wastes" shall mean the liquids, solids, or other wastes resulting from any process of industry, or from the development of any natural resource.
(8) "Drainage basin" shall mean a geographic area drained by a surface stream or body of impounded water together with all tributary surface streams and bodies of impounded surface water.
(9) "Sewer entities" shall mean any municipal or public corporations which by law are entitled to construct and operate a sewer system.
Statutory Authority: RCW 43.216.001 [43.21B.001] and chapter 43.21A RCW. 88-13-029 (Order 88-62), § 372-52-010, filed 6/8/88; Order 68-105, § 372-52-010, filed 8/21/68, effective 9/21/68.
Washington Administrative Code › Title 372 - Ecology, Department of (Water Pollution) › Chapter 372-52 - Water districts requests for approvals and certifications of necessity to operate sewer districts › Section 372-52-020 - Purpose

Current through Register Vol. 24-14, July 15, 2024
This regulation prescribes the procedure whereby a water district organized under the provisions of chapter 57.04 RCW may apply for and receive an approval and a certification of necessity from ecology in accordance with the provisions of RCW  57.08.065 in order to exercise powers of a sewer district in accordance with the provisions of Title 56 RCW, as now, or hereafter amended. Additionally, this regulation will define the criteria which ecology will consider in determining the eligibility of an applicant water district for an approval and a certification of necessity.
Statutory Authority: RCW 43.216.001 [43.21B.001] and chapter 43.21A RCW. 88-13-029 (Order 88-62), § 372-52-020, filed 6/8/88; Order 68-105, § 372-52-020, filed 8/21/68, effective 9/21/68.
Washington Administrative Code › Title 372 - Ecology, Department of (Water Pollution) › Chapter 372-52 - Water districts requests for approvals and certifications of necessity to operate sewer districts › Section 372-52-030 - Application content

Current through Register Vol. 24-14, July 15, 2024
In addition to the requirements of chapter 372-20 WAC, an application for an approval and a certification of necessity must be presented to ecology and shall include, but not be limited to, the following considerations:
(1) A general statement of the present and future sewage problems in the proposed area of service.
(2) A consideration of the relationship of the district to contiguous, nearby or overlapping sewer entities.
(3) Service areas considering reasonable drainage basin oriented planning.
(4) Population forecasts as a basis of sewer system design in the proposed service area.
(5) A layout map showing major trunk lines and interceptor lines including the drainage area to be served within and outside of the boundaries of the water district.
(6) The methods of interception and disposal of sewage.
(7) The projected completion time for the sewer system.
(8) An affidavit signed by an officer of the applicant water district, stating that all persons, parties or entities have been given the notice required by WAC 372-52-040.
(9) A summary setting forth the reasons why the applicant water district is better suited to provide a sewer system within the proposed service area than a contiguous or adjacent sewer entity.
Statutory Authority: RCW 43.216.001 [43.21B.001] and chapter 43.21A RCW. 88-13-029 (Order 88-62), § 372-52-030, filed 6/8/88; Order 68-105, § 372-52-030, filed 8/21/68, effective 9/21/68.
Washington Administrative Code › Title 372 - Ecology, Department of (Water Pollution) › Chapter 372-52 - Water districts requests for approvals and certifications of necessity to operate sewer districts › Section 372-52-040 - Notification of interested parties

Current through Register Vol. 24-14, July 15, 2024
Prior to the submission of an application to ecology for an approval and a certification of necessity, an applicant water district shall:
(1) Notify all the contiguous and affected sewer entities in the area in which the water district is proposing to construct and operate a sewer system that the applicant water district will submit an application for an approval and a certification of necessity, and that ecology will consider all written comments and objections submitted to ecology from any contiguous and affected sewer entity if the same written comments and objections are received by ecology before a date which will be specified by ecology.
(2) Notify the county commissioners, county health officer, county engineer, county planning commission and the county boundary review board, if any, in the county of the proposed service area, that the applicant water district will submit an application for an approval and certification of necessity and ecology will consider all written comments and objections submitted to ecology by any of the same if the written comments and objections are received by ecology before a date which will be specified by ecology.
(3) The dates for inclusion in the notification provided for in subsections (1) and (2) of this section will be furnished by ecology upon the request of any applicant water district to ecology.
Statutory Authority: RCW 43.216.001 [43.21B.001] and chapter 43.21A RCW. 88-13-029 (Order 88-62), § 372-52-040, filed 6/8/88; Order 68-105, § 372-52-040, filed 8/21/68, effective 9/21/68.
Washington Administrative Code › Title 372 - Ecology, Department of (Water Pollution) › Chapter 372-52 - Water districts requests for approvals and certifications of necessity to operate sewer districts › Section 372-52-050 - Criteria for necessity

Current through Register Vol. 24-14, July 15, 2024
Ecology will issue an approval and a certification of necessity to an applicant water district if all of the following conditions are satisfied:
(1) The granting of an approval and a certification of necessity will eliminate or alleviate an existing or imminent water pollution problem as determined by ecology.
(2) A sewer system does not exist in a substantial portion of the proposed service area and no regularly constituted and established sewer entity intends to construct and operate a sewer system in a substantial portion of the proposed service area within the reasonably foreseeable future.
(3) The proposed service area conforms to any or all established sewage drainage basins designated pursuant to RCW  90.48.270.
(4) The proposed service area conforms to any or all established comprehensive plans for sewage drainage basins, established pursuant to RCW  90.48.280.
Statutory Authority: RCW 43.216.001 [43.21B.001] and chapter 43.21A RCW. 88-13-029 (Order 88-62), § 372-52-050, filed 6/8/88; Order 68-105, § 372-52-050, filed 8/21/68, effective 9/21/68.
Washington Administrative Code › Title 372 - Ecology, Department of (Water Pollution) › Chapter 372-52 - Water districts requests for approvals and certifications of necessity to operate sewer districts › Section 372-52-060 - Decision of ecology

Current through Register Vol. 24-14, July 15, 2024
After ecology has made a decision either granting or denying a request for an approval and a certification of necessity, said decision shall constitute a "contested case" within the meaning of chapter 34.04 RCW and RCW  90.48.230.
Statutory Authority: RCW 43.216.001 [43.21B.001] and chapter 43.21A RCW. 88-13-029 (Order 88-62), § 372-52-060, filed 6/8/88; Order 68-105, § 372-52-060, filed 8/21/68, effective 9/21/68.