reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-201A - Water quality standards for surface waters of the state of Washington › Part II - DESIGNATED USES AND CRITERIA › Section 173-201A-200 - Fresh water designated uses and criteria

Current through Register Vol. 24-14, July 15, 2024
The following uses are designated for protection in fresh
				  surface waters of the state. Use designations for water bodies are listed in
				  WAC
				  173-201A-600
				  and
				  173-201A-602.
(1)
Aquatic life uses.
Aquatic
				life uses are designated based on the presence of, or the intent to provide
				protection for, the key uses identified in (a) of this subsection. It is
				required that all indigenous fish and nonfish aquatic species be protected in
				waters of the state in addition to the key species described below.
(a) The categories for aquatic life uses are:
(i)
Char spawning and rearing.
The key identifying characteristics of this use are spawning or early juvenile
				rearing by native char (bull trout and Dolly Varden), or use by other aquatic
				species similarly dependent on such cold water. Other common characteristic
				aquatic life uses for waters in this category include summer foraging and
				migration of native char; and spawning, rearing, and migration by other
				salmonid species.
(ii)
Core
				summer salmonid habitat.
The key identifying characteristics of this use
				are summer (June 15 - September 15) salmonid spawning or emergence, or adult
				holding; use as important summer rearing habitat by one or more salmonids; or
				foraging by adult and subadult native char. Other common characteristic aquatic
				life uses for waters in this category include spawning outside of the summer
				season, rearing, and migration by salmonids.
(iii)
Salmonid spawning, rearing, and
				migration.
The key identifying characteristic of this use is salmon or
				trout spawning and emergence that only occurs outside of the summer season
				(September 16 -June 14). Other common characteristic aquatic life uses for
				waters in this category include rearing and migration by salmonids.
(iv)
Salmonid rearing and migration
				only.
The key identifying characteristic of this use is use only for
				rearing or migration by salmonids (not used for spawning).
(v)
Nonanadromous interior redband
				trout.
For the protection of waters where the only trout species is a
				nonanadromous form of self-reproducing interior redband trout (
O.
				mykiss
), and other associated aquatic life.
(vi)
Indigenous warm water
				species.
For the protection of waters where the dominant species under
				natural conditions would be temperature tolerant indigenous nonsalmonid
				species. Examples include dace, redside shiner, chiselmouth, sucker, and
				northern pikeminnow.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-201A - Water quality standards for surface waters of the state of Washington › Part II - DESIGNATED USES AND CRITERIA › Section 173-201A-210 - Marine water designated uses and criteria

Current through Register Vol. 24-14, July 15, 2024
The following uses are designated for protection in marine
				  surface waters of the state of Washington. Use designations for specific water
				  bodies are listed in WAC
				  173-201A-612.
(1)
Aquatic life uses.
Aquatic
				life uses are designated using the following general categories. It is required
				that all indigenous fish and nonfish aquatic species be protected in waters of
				the state.
(a)
The categories for
				aquatic life uses are:
(i)
Extraordinary quality.
Water quality of this use class shall
				markedly and uniformly exceed the requirements for all uses including, but not
				limited to, salmonid migration and rearing; other fish migration, rearing, and
				spawning; clam, oyster, and mussel rearing and spawning; crustaceans and other
				shellfish (crabs, shrimp, crayfish, scallops, etc.) rearing and
				spawning.
(ii)
Excellent
				quality.
Water quality of this use class shall meet or exceed the
				requirements for all uses including, but not limited to, salmonid migration and
				rearing; other fish migration, rearing, and spawning; clam, oyster, and mussel
				rearing and spawning; crustaceans and other shellfish (crabs, shrimp, crayfish,
				scallops, etc.) rearing and spawning.
(iii)
Good quality.
Water
				quality of this use class shall meet or exceed the requirements for most uses
				including, but not limited to, salmonid migration and rearing; other fish
				migration, rearing, and spawning; clam, oyster, and mussel rearing and
				spawning; crustaceans and other shellfish (crabs, shrimp, crayfish, scallops,
				etc.) rearing and spawning.
(iv)
Fair quality.
Water quality of this use class shall meet or exceed
				the requirements for selected and essential uses including, but not limited to,
				salmonid and other fish migration.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-201A - Water quality standards for surface waters of the state of Washington › Part II - DESIGNATED USES AND CRITERIA › Section 173-201A-230 - Establishing lake nutrient criteria

Current through Register Vol. 24-14, July 15, 2024
(1) The following table shall be used to aid
				in establishing nutrient criteria:
(Table 230(1)) The ecoregional and trophic-state action
				  values for establishing nutrient criteria:
Coast Range, Puget Lowlands, and Northern
								Rockies Ecoregions:
Trophic State
If Ambient TP (MICROg/l)
Range of Lake is:
Then criteria
should be set at:
Ultra-oligotrophic
0-4
4 or less
Oligotrophic
>4-10
10 or less
Lower mesotrophic
>10-20
20 or less
Action value
>20
. . . . . . . . . . ..
lake specific study may be initiated.
Cascades Ecoregion:
Trophic State
If Ambient TP (MICROg/l)
Range of Lake is:
Then criteria
should be set at:
Ultra-oligotrophic
0-4
4 or less
Oligotrophic
>4-10
10 or less
Action value
>10
. . . . . . . . . . ..
lake specific study may be initiated.
Columbia Basin Ecoregion:
Trophic State
If Ambient TP (MICROg/l)
Range of Lake is:
Then criteria
should be set at:
Ultra-oligotrophic
0-4
4 or less
Oligotrophic
>4-10
10 or less
Lower mesotrophic
>10-20
20 or less
Upper mesotrophic
>20-35
35 or less
Action value
>35
. . . . . . . . . . ..
lake specific study may be initiated.
Lakes in the Willamette, East Cascade Foothills, or Blue
				  Mountain ecoregions do not have recommended values and need to have
				  lake-specific studies in order to receive criteria as described in subsection
				  (3) of this section.
(2)
				The following actions are recommended if ambient monitoring of a lake shows the
				epilimnetic total phosphorus concentration, as shown in Table 1 of this
				section, is below the action value for an ecoregion:
(a) Determine trophic status from existing or
				newly gathered data. The recommended minimum sampling to determine trophic
				status is calculated as the mean of four or more samples collected from the
				epilimnion between June through September in one or more consecutive years.
				Sampling must be spread throughout the season.
(b) Propose criteria at or below the upper
				limit of the trophic state; or
(c)
				Conduct lake-specific study to determine and propose to adopt appropriate
				criteria as described in subsection (3) of this section.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-201A - Water quality standards for surface waters of the state of Washington › Part II - DESIGNATED USES AND CRITERIA › Section 173-201A-250 - Radioactive substances

Current through Register Vol. 24-14, July 15, 2024
(1)
				Deleterious concentrations of radioactive materials for all classes shall be as
				determined by the lowest practicable concentration attainable and in no case
				shall exceed:
(a) 1/12.5 of the values listed
				in WAC 246-221-290 (Column 2, Table II,
				effluent concentrations, rules and regulations for radiation protection);
				or
(b) USEPA Drinking Water
				Regulations for radionuclides, as published in the Federal Register of July 9,
				1976, or subsequent revisions thereto.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-201A - Water quality standards for surface waters of the state of Washington › Part II - DESIGNATED USES AND CRITERIA › Section 173-201A-260 - Natural conditions and other water quality criteria and applications

Current through Register Vol. 24-14, July 15, 2024
(1)
Natural
				and irreversible human conditions.
(a)
				It is recognized that portions of many water bodies cannot meet the assigned
				criteria due to the natural conditions of the water body. When a water body
				does not meet its assigned criteria due to natural climatic or landscape
				attributes, the natural conditions constitute the water quality
				criteria.
(b) When a water body
				does not meet its assigned criteria due to human structural changes that cannot
				be effectively remedied (as determined consistent with the federal regulations
				at 40 C.F.R.
				131.10), then alternative estimates of the
				attainable water quality conditions, plus any further allowances for human
				effects specified in this chapter for when natural conditions exceed the
				criteria, may be used to establish an alternative criteria for the water body
				(see WAC 173-201A-430 and
				173-201A-440).
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-201A - Water quality standards for surface waters of the state of Washington › Part III - ANTIDEGRADATION › Section 173-201A-300 - Description

Current through Register Vol. 24-14, July 15, 2024
(1) The
				antidegradation policy is guided by
				chapter
				90.48 RCW, Water Pollution
				Control Act,
				chapter
				90.54 RCW, Water Resources
				Act of 1971, and 40 C.F.R.
				131.12.
(2) The purpose of the antidegradation policy
				is to:
(a) Restore and maintain the highest
				possible quality of the surface waters of Washington;
(b) Describe situations under which water
				quality may be lowered from its current condition;
(c) Apply to human activities that are likely
				to have an impact on the water quality of a surface water;
(d) Ensure that all human activities that are
				likely to contribute to a lowering of water quality, at a minimum, apply all
				known, available, and reasonable methods of prevention, control, and treatment
				(AKART); and
(e) Apply three levels
				of protection for surface waters of the state, as generally described below:
(i) Tier I is used to ensure existing and
				designated uses are maintained and protected and applies to all waters and all
				sources of pollution.
(ii) Tier II
				is used to ensure that waters of a higher quality than the criteria assigned in
				this chapter are not degraded unless such lowering of water quality is
				necessary and in the overriding public interest. Tier II applies only to a
				specific list of polluting activities.
(iii) Tier III is used to prevent the
				degradation of waters formally listed in this chapter as "outstanding resource
				waters," and applies to all sources of pollution.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-201A - Water quality standards for surface waters of the state of Washington › Part III - ANTIDEGRADATION › Section 173-201A-310 - Tier I - Protection and maintenance of existing and designated uses

Current through Register Vol. 24-14, July 15, 2024
(1) Existing and
				designated uses must be maintained and protected. No degradation may be allowed
				that would interfere with, or become injurious to, existing or designated uses,
				except as provided for in this chapter.
(2) For waters that do not meet assigned
				criteria, or protect existing or designated uses, the department will take
				appropriate and definitive steps to bring the water quality back into
				compliance with the water quality standards.
(3) Whenever the natural conditions of a
				water body are of a lower quality than the assigned criteria, the natural
				conditions constitute the water quality criteria. Where water quality criteria
				are not met because of natural conditions, human actions are not allowed to
				further lower the water quality, except where explicitly allowed in this
				chapter.
Statutory Authority:
					 Chapters
					 90.48 and
					 90.54 RCW. 03-14-129 (Order 02-14),
					 § 173-201A-310, filed 7/1/03, effective
					 8/1/03.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-201A - Water quality standards for surface waters of the state of Washington › Part III - ANTIDEGRADATION › Section 173-201A-320 - Tier II-Protection of waters of higher quality than the standards

Current through Register Vol. 24-14, July 15, 2024
(1) Whenever a
				water quality constituent is of a higher quality than a criterion designated
				for that water under this chapter, new or expanded actions within the
				categories identified in subsection (2) of this section that are expected to
				cause a measurable change in the quality of the water (see subsection (3) of
				this section) may not be allowed unless the department determines that the
				lowering of water quality is necessary and in the overriding public interest
				(see subsection (4) of this section).
(2) A Tier II review will only be conducted
				for new or expanded actions conducted under the following authorizations.
				Public involvement with the Tier II review will be conducted in accordance with
				the public involvement processes associated with these actions.
(a) National Pollutant Discharge Elimination
				System (NPDES) waste discharge permits;
(b) State waste discharge permits to surface
				waters;
(c) Federal Clean Water Act
				Section 401 water quality certifications; and
(d) Other water pollution control programs
				authorized, implemented, or administered by the department.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-201A - Water quality standards for surface waters of the state of Washington › Part III - ANTIDEGRADATION › Section 173-201A-330 - Tier III-Protection of outstanding resource waters

Current through Register Vol. 24-14, July 15, 2024
Where a high quality water is designated as an outstanding
				  resource water, the water quality and uses of those waters must be maintained
				  and protected. As part of the public process, a qualifying water body may be
				  designated as Tier III(A) which prohibits any and all future degradation, or
				  Tier III(B) which allows for de minimis (below measurable amounts) degradation
				  from well-controlled activities.
(1)
				To be eligible for designation as an outstanding resource water in Washington,
				one or more of the following must apply:
(a)
				The water is in a relatively pristine condition (largely absent human sources
				of degradation) or possesses exceptional water quality, and also occurs in
				federal and state parks, monuments, preserves, wildlife refuges, wilderness
				areas, marine sanctuaries, estuarine research reserves, or wild and scenic
				rivers;
(b) The water has unique
				aquatic habitat types (for example, peat bogs) that by conventional water
				quality parameters (such as dissolved oxygen, temperature, or sediment) are not
				considered high quality, but that are unique and regionally rare examples of
				their kind;
(c) The water has both
				high water quality and regionally unique recreational value;
(d) The water is of exceptional statewide
				ecological significance; or
(e) The
				water has cold water thermal refuges critical to the long-term protection of
				aquatic species. For this type of outstanding resource water, the
				nondegradation protection would apply only to temperature and dissolved
				oxygen.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-201A - Water quality standards for surface waters of the state of Washington › Part III - ANTIDEGRADATION › Section 173-201A-332 - Table 332-Outstanding resource water designations by water resource inventory area (WRIA)

Current through Register Vol. 24-14, July 15, 2024
(1) Table 332
				lists waterbodies designated as Tier III(A) or Tier III(B) outstanding resource
				waters. Waterbodies are designated in accordance with WAC
				173-201A-330.
(2) The coordinates listed in Table 332 are
				defined in the North American 1983 Datum High Accuracy Reference Network (NAD83
				HARN).
Table 332
WRIA
County or Counties
Waterbody Name
Designation
							 Boundary
Tier III(A) or III(B)
4 - Upper Skagit
Skagit
Cascade River and tributaries within the designation
							 boundary.
Upstream from the west boundary of Mount Baker
							 Snoqualmie National Forest (latitude 48.5324, longitude -121.3078) at the west
							 section line of Section 07, Township 35 North, Range 12 East, to headwaters,
							 including tributaries.
Tier III(A)
26 - Cowlitz
Skamania
Green River and tributaries within designation
							 boundary.
Upstream from the boundary of the Gifford Pinchot
							 National Forest (latitude 46.3484, longitude -122.0938) at the west section
							 line of Section 17, Township 10 North, Range 06 East, to headwaters, including
							 tributaries.
Tier III(A)
42 - Grand Coulee
Grant
Soap Lake
Latitude 47.4068, longitude -119.4969.
Tier III(B) 
							 1
45 - Wenatchee
Chelan
Napeequa River and tributaries within the designation
							 boundary.
Upstream from the boundary of the Okanogan-Wenatchee
							 National Forest and private land near river mile 1 (latitude 47.9269, longitude
							 -120.8870) within Section 17, Township 28 North, Range 16 East, to headwaters,
							 including tributaries.
Tier III(A)
Notes for Table 332
1 Notes for Soap Lake:
a.Soap Lake measurable change is defined as a decrease in
				  salinity as measured by conductivity of 639 microsiemens per centimeter
				  (µS/cm) or greater.
b.In addition, human actions must not cause lake conductivity
				  to decrease below 19,843 µS/cm as calculated as a seasonal average more
				  than once in 10 years.
c.Seasonal average conductivity is calculated as the
				  arithmetic average of seven or more samples collected April through October.
				  Sampling should be distributed throughout this period.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-201A - Water quality standards for surface waters of the state of Washington › Part III - ANTIDEGRADATION › Section 173-201A-400 - Mixing zones

Current through Register Vol. 24-14, July 15, 2024
(1) The
				allowable size and location of a mixing zone and the associated effluent limits
				shall be established in discharge permits, general permits, or orders, as
				appropriate.
(2) A discharger shall
				be required to fully apply AKART prior to being authorized a mixing
				zone.
(3) Mixing zone
				determinations shall consider critical discharge conditions.
(4) No mixing zone shall be granted unless
				the supporting information clearly indicates the mixing zone would not have a
				reasonable potential to cause a loss of sensitive or important habitat,
				substantially interfere with the existing or characteristic uses of the water
				body, result in damage to the ecosystem, or adversely affect public health as
				determined by the department.
(5)
				Water quality criteria shall not be violated outside of the boundary of a
				mixing zone as a result of the discharge for which the mixing zone was
				authorized.
(6) The size of a
				mixing zone and the concentrations of pollutants present shall be
				minimized.
(7) The maximum size of
				a mixing zone shall comply with the following:
(a) In rivers and streams, mixing zones,
				singularly or in combination with other mixing zones, shall comply with the
				most restrictive combination of the following (this size limitation may be
				applied to estuaries having flow characteristics that resemble rivers):
(i) Not extend in a downstream direction for
				a distance from the discharge port(s) greater than three hundred feet plus the
				depth of water over the discharge port(s), or extend upstream for a distance of
				over one hundred feet;
(ii) Not
				utilize greater than twenty-five percent of the flow; and
(iii) Not occupy greater than twenty-five
				percent of the width of the water body.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-201A - Water quality standards for surface waters of the state of Washington › Part III - ANTIDEGRADATION › Section 173-201A-410 - Short-term modifications

Current through Register Vol. 24-14, July 15, 2024
The criteria and special conditions established in WAC
				  173-201A-200 through
				  173-201A-260,
				  173-201A-320,
				  173-201A-602 and
				  173-201A-612 may be modified for
				  a specific water body on a short-term basis (e.g., actual periods of
				  nonattainment would generally be limited to hours or days rather than weeks or
				  months) when necessary to accommodate essential activities, respond to
				  emergencies, or to otherwise protect the public interest, even though such
				  activities may result in a temporary reduction of water quality
				  conditions.
(1) A short-term
				modification will:
(a) Be authorized in
				writing by the department, and conditioned, timed, and restricted in a manner
				that will minimize degradation of water quality, existing uses, and designated
				uses;
(b) Be valid for the duration
				of the activity requiring modification of the criteria and special conditions
				in WAC 173-201A-200 through
				173-201A-260,
				173-201A-602 or
				173-201A-612, as determined by
				the department;
(c) Allow
				degradation of water quality if the degradation does not significantly
				interfere with or become injurious to existing or designated water uses or
				cause long-term harm to the environment; and
(d) In no way lessen or remove the
				proponent's obligations and liabilities under other federal, state, and local
				rules and regulations.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-201A - Water quality standards for surface waters of the state of Washington › Part IV - OIL TRANSFER REQUIREMENTS FOR ALL DELIVERING VESSELS › Section 173-201A-420 - Variance

Current through Register Vol. 24-14, July 15, 2024
(1)
General
				provisions.
Variances for individual facilities, a group of facilities,
				or stretches of waters may be issued for the criteria and designated uses
				established in WAC
				173-201A-200 through
				173-201A-260 and
				173-201A-600 through
				173-201A-612. The following
				conditions apply when considering issuance of a variance:
(a) A variance may be considered when the
				standards are expected to be attained by the end of the variance period or the
				attainable use cannot be reliably determined.
(b) The variance applies to specific
				parameters and all other applicable standards remain in effect for the water
				body.
(c) The modification must be
				consistent with the requirements of federal regulations (currently
				40 C.F.R.
				131.14).
(d) Reasonable progress must be made toward
				meeting the underlying standards during the variance period.
(e) A variance renewal may be considered if
				the renewal request meets the above conditions.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-201A - Water quality standards for surface waters of the state of Washington › Part IV - OIL TRANSFER REQUIREMENTS FOR ALL DELIVERING VESSELS › Section 173-201A-430 - Site-specific criteria

Current through Register Vol. 24-14, July 15, 2024
(1) Where the
				attainable condition of existing and designated uses for the water body would
				be fully protected using an alternative criterion, site-specific criteria may
				be adopted.
(a) The site-specific criterion
				must be consistent with the federal regulations on designating and protecting
				uses (currently 40 C.F.R.
				131.10 and
				131.11); and
(b) The decision to approve a site-specific
				criterion must be subject to a public involvement and intergovernmental
				coordination process.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-201A - Water quality standards for surface waters of the state of Washington › Part IV - OIL TRANSFER REQUIREMENTS FOR ALL DELIVERING VESSELS › Section 173-201A-440 - Use attainability analysis

Current through Register Vol. 24-14, July 15, 2024
(1) Removal of a designated use for a water
				body assigned in this chapter must be based on a use attainability analysis
				(UAA). A UAA is a structured scientific assessment of the factors affecting the
				attainment of the use which may include physical, chemical, biological, and
				economic factors. A use can only be removed through a UAA if it is not existing
				or attainable.
(2) A UAA proposing
				to remove a designated use on a water body must be submitted to the department
				in writing and include sufficient information to demonstrate that the use is
				neither existing nor attainable.
(3) A UAA must be consistent with the federal
				regulations on designating and protecting uses (currently
				40 C.F.R.
				131.10).
(4) Subcategories of use protection that
				reflect the lower physical potential of the water body for protecting
				designated uses must be based upon federal regulations (currently
				40 C.F.R.
				131.10(c)).
(5) Allowing for seasonal uses where doing so
				would not harm existing or designated uses occurring in that or another season
				must be based upon federal regulations (currently
				40 C.F.R.
				131.10(f)).
(6) After receiving a proposed UAA, the
				department will respond within sixty days of receipt with a decision on whether
				to proceed toward rule making.
(7)
				The decision to approve a UAA is subject to a public involvement and
				intergovernmental coordination process, including tribal
				consultation.
(8) The department
				will maintain a list of federally recognized tribes in the state of Washington.
				During all stages of development and review of UAA proposals, the department
				will provide notice and consult with representatives of the interested affected
				Indian tribes on a government-to-government basis, and carefully consider their
				recommendations.
(9) The results of
				a UAA are not in effect until they have been incorporated into this chapter and
				approved by the USEPA. Any designated uses established through the UAA process
				are included in WAC
				173-201A-602
				and
				173-201A-612.
Statutory Authority:
					 Chapters
					 90.48 and
					 90.54 RCW. 03-14-129 (Order 02-14),
					 § 173-201A-440, filed 7/1/03, effective
					 8/1/03.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-201A - Water quality standards for surface waters of the state of Washington › Part IV - OIL TRANSFER REQUIREMENTS FOR ALL DELIVERING VESSELS › Section 173-201A-450 - Water quality offsets

Current through Register Vol. 24-14, July 15, 2024
(1) A
				water quality offset occurs where a project proponent implements or finances
				the implementation of controls for point or nonpoint sources to reduce the
				levels of pollution for the purpose of creating sufficient assimilative
				capacity to allow new or expanded discharges. The purpose of water quality
				offsets is to sufficiently reduce the pollution levels of a water body so that
				a proponent's actions do not cause or contribute to a violation of the
				requirements of this chapter and so that they result in a net environmental
				benefit. Water quality offsets may be used to assist an entity in meeting load
				allocations targeted under a pollution reduction analysis (such as a total
				maximum daily load) as established by the department. Water quality offsets may
				be used to reduce the water quality effect of a discharge to levels that are
				unmeasurable and in compliance with the water quality antidegradation Tier II
				analysis (WAC
				173-201A-320).
(2) Water quality offsets may be allowed by
				the department when all of the following conditions are met:
(a) Water quality offsets must target
				specific water quality parameters.
(b) The improvements in water quality
				associated with creating water quality offsets for any proposed new or expanded
				actions must be demonstrated to have occurred in advance of the proposed
				action.
(c) The technical basis and
				methodology for the water quality offsets is documented through a technical
				analysis of pollutant loading, and that analysis is made available for review
				by the department. The methodology must incorporate the uncertainties
				associated with any proposed point or nonpoint source controls as well as
				variability in effluent quality for sources, and must demonstrate that an
				appropriate margin of safety is included. The approach must clearly account for
				the attenuation of the benefits of pollution controls as the water moves to the
				location where the offset is needed.
(d) Point or nonpoint source pollution
				controls must be secured using binding legal instruments between any involved
				parties for the life of the project that is being offset. The proponent remains
				solely responsible for ensuring the success of offsetting activities for both
				compliance and enforcement purposes.
(e) Only the proportion of the pollution
				controls which occurs beyond existing requirements for those sources can be
				included in the offset allowance.
(f) Water quality offsets must meet
				antidegradation requirements in WAC
				173-201A-300 through
				173-201A-330 and federal
				antibacksliding requirements in C.F.R. 122.44(l).
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-201A - Water quality standards for surface waters of the state of Washington › Part IV - OIL TRANSFER REQUIREMENTS FOR ALL DELIVERING VESSELS › Section 173-201A-460 - Intake credits

Current through Register Vol. 24-14, July 15, 2024
(1)
General provisions.
The following provisions apply to the
				consideration of intake credits in determining reasonable potential and
				establishing water quality based effluent limits (WQBELs).
(a) An "intake pollutant" is the amount of a
				pollutant that is present in waters of the state (including groundwater except
				as provided in (c) of this subsection) at the time water is removed from the
				same body of water by the discharger or other facility supplying the discharger
				with intake water.
(b) An intake
				pollutant must be from the "same body of water" as the discharge in order to be
				eligible for an intake credit. An intake pollutant is considered to be from the
				"same body of water" as the discharge if the department finds that the intake
				pollutant would have reached the vicinity of the outfall point in the receiving
				water within a reasonable period had it not been removed by the permittee. This
				finding will be established if a discharger demonstrates:
(i) The background concentration of the
				pollutant in the receiving water (excluding any amount of the pollutant in the
				facility's discharge) is similar to that in the intake water; and
(ii) There is a direct hydrological
				connection between the intake and discharge points.
(c) An intake pollutant in groundwater
				partially or entirely due to human activity is not eligible for use of an
				intake credit.
(d) Where intake
				water for a facility is provided by a municipal water supply system and the
				supplier provides treatment of the raw water that removes an intake water
				pollutant, the concentration of the intake water pollutant will be determined
				at the point where the water enters the water supplier's distribution
				system.
(e) Where a facility
				discharges intake pollutants from multiple sources that originate from the
				receiving water body and from other water bodies, the department may derive an
				effluent limit reflecting the flow-weighted amount of each source of the
				pollutant provided that conditions in subsection (3) of this section are met
				and adequate monitoring to determine compliance can be established and is
				included in the permit.
(f) The
				department may also consider other site-specific factors relevant to the
				transport and fate of the pollutant to make the finding in a particular case
				that a pollutant would or would not have reached the vicinity of the outfall
				point in the receiving water within a reasonable period had it not been removed
				by the permittee.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-201A - Water quality standards for surface waters of the state of Washington › Part V - OIL TRANSFER REQUIREMENTS FOR ALL DELIVERING VESSELS › Section 173-201A-500 - Achievement considerations

Current through Register Vol. 24-14, July 15, 2024
To fully achieve and maintain the foregoing water quality in
				  the state of Washington, it is the intent of the department to apply the
				  various implementation and enforcement authorities at its disposal, including
				  participation in the programs of the federal Clean Water Act (33 U.S.C. 1251 et seq.) as appropriate. It is also the intent that cognizance will be taken of
				  the need for participation in cooperative programs with other state agencies
				  and private groups with respect to the management of related problems. The
				  department's planned program for water pollution control will be defined and
				  revised annually in accordance with section 106 of said federal act. Further,
				  it shall be required that all activities which discharge wastes into waters
				  within the state, or otherwise adversely affect the quality of said waters, be
				  in compliance with the waste treatment and discharge provisions of state or
				  federal law.
Statutory Authority:
					 Chapters
					 90.48 and
					 90.54 RCW. 03-14-129 (Order 02-14),
					 recodified as § 173-201A-500, filed 7/1/03, effective 8/1/03. Statutory
					 Authority:
					 Chapter
					 90.48 RCW. 92-24-037
					 (Order 92-29), § 173-201A-150, filed 11/25/92, effective
					 12/26/92.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-201A - Water quality standards for surface waters of the state of Washington › Part V - OIL TRANSFER REQUIREMENTS FOR ALL DELIVERING VESSELS › Section 173-201A-510 - Means of implementation

Current through Register Vol. 24-14, July 15, 2024
(1)
Permitting.
The primary means to be used for controlling
				municipal, commercial, and industrial waste discharges shall be through the
				issuance of waste discharge permits, as provided for in
				RCW
				   90.48.160,
				90.48.162, and
				90.48.260. Waste discharge
				permits, whether issued pursuant to the National Pollutant Discharge
				Elimination System or otherwise, must be conditioned so the discharges
				authorized will meet the water quality standards. No waste discharge permit can
				be issued that causes or contributes to a violation of water quality criteria,
				except as provided for in this chapter.
(a)
				Persons discharging wastes in compliance with the terms and conditions of
				permits are not subject to civil and criminal penalties on the basis that the
				discharge violates water quality standards.
(b) Permits must be modified by the
				department when it is determined that the discharge causes or contributes to a
				violation of water quality standards. Major modification of permits is subject
				to review in the same manner as the originally issued permits.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-201A - Water quality standards for surface waters of the state of Washington › Part V - OIL TRANSFER REQUIREMENTS FOR ALL DELIVERING VESSELS › Section 173-201A-520 - Monitoring and compliance

Current through Register Vol. 24-14, July 15, 2024
A continuing surveillance program, to ascertain whether the
				  regulations, waste disposal permits, orders, and directives promulgated and/or
				  issued by the department are being complied with, will be conducted by the
				  department staff as follows:
(1)
				Inspecting treatment and control facilities.
(2) Monitoring and reporting waste discharge
				characteristics.
(3) Monitoring
				receiving water quality.
Statutory Authority:
					 Chapters
					 90.48 and
					 90.54 RCW. 03-14-129 (Order 02-14),
					 Amended and recodified as § 173-201A-520, filed 7/1/03, effective 8/1/03.
					 Statutory Authority:
					 Chapter
					 90.48 RCW. 92-24-037
					 (Order 92-29), § 173-201A-170, filed 11/25/92, effective
					 12/26/92.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-201A - Water quality standards for surface waters of the state of Washington › Part V - OIL TRANSFER REQUIREMENTS FOR ALL DELIVERING VESSELS › Section 173-201A-530 - Enforcement

Current through Register Vol. 24-14, July 15, 2024
To insure that the provisions of
				  chapter
				  90.48 RCW, the standards
				  for water quality promulgated herein, the terms of waste disposal permits, and
				  other orders and directives of the department are fully complied with, the
				  following enforcement tools will be relied upon by the department, in
				  cooperation with the attorney general as it deems appropriate:
(1) Issuance of notices of violation and
				regulatory orders as provided for in
				RCW
				   90.48.120.
(2) Initiation of actions requesting
				injunctive or other appropriate relief in the various courts of the state as
				provided for in
				RCW
				   90.48.037.
(3) Levying of civil penalties as provided
				for in RCW    90.48.144.
(4) Initiation of a criminal proceeding by
				the appropriate county prosecutor as provided for in
				RCW
				   90.48.140.
(5) Issuance of regulatory orders or
				directives as provided for in
				RCW
				   90.48.240.
Statutory Authority:
					 Chapters
					 90.48 and
					 90.54 RCW. 03-14-129 (Order 02-14),
					 recodified as § 173-201A-530, filed 7/1/03, effective 8/1/03. Statutory
					 Authority:
					 Chapter
					 90.48 RCW. 92-24-037
					 (Order 92-29), § 173-201A-180, filed 11/25/92, effective
					 12/26/92.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-201A - Water quality standards for surface waters of the state of Washington › Part VI - USE DESIGNATIONS FOR WATERS OF THE STATE › Section 173-201A-600 - Use designations-Fresh waters

Current through Register Vol. 24-14, July 15, 2024
(1) All surface waters of the state not named
				in Table 602 are to be protected for the designated uses of: Salmonid spawning,
				rearing, and migration; primary contact recreation; domestic, industrial, and
				agricultural water supply; stock watering; wildlife habitat; harvesting;
				commerce and navigation; boating; and aesthetic values.
(a) Additionally, the following waters are
				also to be protected for the designated use of core summer salmonid habitat:
(i) All surface waters lying within national
				parks, national forests, and/or wilderness areas;
(ii) All lakes and all feeder streams to
				lakes (reservoirs with a mean detention time greater than fifteen days are to
				be treated as a lake for use designation);
(iii) All surface waters that are tributaries
				to waters designated core summer salmonid habitat; and
(iv) All fresh surface waters that are
				tributaries to extraordinary aquatic life marine waters (WAC
				173-201A-610
				through
				173-201A-612).
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-201A - Water quality standards for surface waters of the state of Washington › Part VI - USE DESIGNATIONS FOR WATERS OF THE STATE › Section 173-201A-610 - Use designations-Marine waters

Current through Register Vol. 24-14, July 15, 2024
All marine surface waters have been assigned specific uses
				  for protection under Table 612.
Table 610 (Key to Table 612)
Abbreviation
General Description
Aquatic Life Uses:
(see WAC
							 173-201A-210(1))
Extraordinary Quality
Extraordinary quality. Water quality of this use
							 class shall markedly and uniformly exceed the requirements for all uses
							 including, but not limited to, salmonid migration and rearing; other fish
							 migration, rearing, and spawning; clam, oyster, and mussel rearing and
							 spawning; crustaceans and other shellfish (crabs, shrimp, crayfish, scallops,
							 etc.) rearing and spawning.
Excellent Quality
Excellent quality. Water quality of this use class
							 shall meet or exceed the requirements for all uses including, but not limited
							 to, salmonid migration and rearing; other fish migration, rearing, and
							 spawning; clam, oyster, and mussel rearing and spawning; crustaceans and other
							 shellfish (crabs, shrimp, crayfish, scallops, etc.) rearing and spawning.
Good Quality
Good quality. Water quality of this use class shall
							 meet or exceed the requirements for most uses including, but not limited to,
							 salmonid migration and rearing; other fish migration, rearing, and spawning;
							 clam, oyster, and mussel rearing and spawning; crustaceans and other shellfish
							 (crabs, shrimp, crayfish, scallops, etc.) rearing and spawning.
Fair Quality
Fair quality. Water quality of this use class shall
							 meet or exceed the requirements for selected and essential uses including, but
							 not limited to, salmonid and other fish migration.
Shellfish Harvesting:
(see WAC
							 173-201A-210(2))
Shellfish Harvest
Shellfish (clam, oyster, and mussel) harvesting.
Recreational Uses:
(see WAC
							 173-201A-210(3))
Primary Contact
Primary contact recreation.
Miscellaneous Uses:
(see WAC
							 173-201A-210(4))
Wildlife Habitat
Wildlife habitat.
Harvesting
Salmonid and other fish harvesting, and crustacean
							 and other shellfish (crabs, shrimp, scallops, etc.) harvesting.
Com./Navig.
Commerce and navigation.
Boating
Boating.
Aesthetics
Aesthetic values.
Statutory Authority:
					 Chapters
					 90.48 and
					 90.54 RCW. 03-14-129 (Order 02-14),
					 § 173-201A-610, filed 7/1/03, effective
					 8/1/03.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-204 - Sediment management standards › Part I - GENERAL INFORMATION › Section 173-204-100 - Authority and purpose

Current through Register Vol. 24-14, July 15, 2024
(1)
				This chapter is promulgated under the authority of
				chapter
				90.48 RCW, the Water
				Pollution Control Act;
				chapter
				70.105D RCW, the Model
				Toxics Control Act; chapter 90.70 RCW, the Puget Sound Water Quality Authority
				Act; chapter 90.52 RCW, the Pollution Disclosure Act of 1971;
				chapter
				90.54 RCW, the Water
				Resources Act of 1971; and
				chapter
				43.21C RCW, the state
				Environmental Policy Act, to establish marine, low salinity and freshwater
				surface sediment management standards for the state of Washington.
(2) The purpose of this chapter is to reduce
				and ultimately eliminate adverse effects on biological resources and
				significant health threats to humans from surface sediment contamination by:
(a) Establishing standards for the quality of
				surface sediments;
(b) Applying
				these standards as the basis for management and reduction of pollutant
				discharges; and
(c) Providing a
				management and decision process for the cleanup of contaminated
				sediments.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-204 - Sediment management standards › Part I - GENERAL INFORMATION › Section 173-204-110 - Applicability

Current through Register Vol. 24-14, July 15, 2024
(1) The sediment
				quality standards of WAC
				173-204-300 through
				173-204-315, and
				173-204-350, and the sediment
				cleanup standards of WAC
				173-204-500 through
				173-204-575 shall apply to all
				surface sediments.
(2) The sediment
				quality standards of WAC
				173-204-320,
				173-204-330, and
				173-204-340 and the applicable
				sediment cleanup standards of WAC
				173-204-560 shall apply to
				marine, low salinity and freshwater surface sediments, respectively.
(3) The source control standards of WAC
				173-204-400 through
				173-204-420 shall apply to each
				person's actions which exposes or resuspends surface sediments which exceed, or
				otherwise cause or potentially cause surface sediments to exceed, the
				applicable standards of WAC
				173-204-320 through
				173-204-340.
(4) The sediment recovery zone standards of
				WAC 173-204-590 shall apply to each
				person's cleanup action decision made pursuant to WAC
				173-204-570 and
				173-204-575 where the selected
				cleanup action leaves in place marine, low salinity, or freshwater sediments
				that exceed the applicable sediment cleanup standards of WAC
				173-204-560.
(5) The sediment quality standards of WAC
				173-204-320 through
				173-204-340 shall not apply:
(a) Within a sediment impact zone as
				authorized by the department under WAC
				173-204-415; or
(b) Within a sediment recovery zone as
				authorized by the department under WAC
				173-204-590; or
(c) To particulates suspended in the water
				column; or
(d) To particulates
				suspended in a permitted effluent discharge; or
(e) To Part V of this chapter.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-204 - Sediment management standards › Part I - GENERAL INFORMATION › Section 173-204-120 - Antidegradation and designated use policies

Current through Register Vol. 24-14, July 15, 2024
(1) Antidegradation policy. The
				antidegradation policy of the state of Washington as generally guided by
				chapters
				90.48 and
				90.54 RCW, is applicable to any
				person's new or increased activity and shall apply to this chapter as follows:
(a) Existing beneficial uses shall be
				maintained and protected and no further degradation which would interfere with
				or become injurious to existing beneficial uses shall be allowed.
(b) No degradation of existing sediment
				quality shall be allowed of waters constituting an outstanding national
				resource, such as waters of national and state parks and scenic and recreation
				areas, wildlife refuges, and waters of exceptional recreational or ecological
				significance.
(c) Whenever surface
				sediments are of a higher quality (i.e., lower chemical concentrations or
				adverse biological response) than the criteria assigned to said sediments, the
				existing surface sediment quality shall be protected and waste and other
				materials and substances shall not be allowed to contaminate such sediments or
				reduce the existing sediment quality thereof, except in those instances where:
(i) It is clear, after satisfactory public
				participation and intergovernmental coordination, that overriding
				considerations of the public interest will be served;
(ii) All wastes and other materials and
				substances proposed for discharge that may contaminate such sediments are
				provided with all known, available and reasonable methods of prevention,
				control, and treatment and/or best management practices;
(iii) The reduction of existing surface
				sediment quality is authorized by the department; and
(iv) Existing beneficial uses are maintained
				and protected, and no degradation which would interfere with and/or become
				injurious to existing sediment beneficial uses and/or causes long-term,
				irreparable harm to the environment is allowed.