reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 246 - Health, Department of › SEWER SYSTEMS › Chapter 246-274 - Greywater reuse for subsurface irrigation › Section 246-274-455 - Hearings

Current through Register Vol. 24-14, July 15, 2024
All local boards of health shall establish rules for
				  conducting hearings requested to contest a local health officer's actions under
				  this chapter. If the local board of health determines that the rules
				  established under WAC
				  246-272A-0440(1)(b)
				  for conducting hearings to contest a local health officer's actions are
				  adequate for this purpose, those rules may be used.
Statutory Authority: RCW 90.46.015. 11-02-011, §
					 246-274-455, filed 12/28/10, effective
					 7/31/11.
Washington Administrative Code › Title 246 - Health, Department of › SEWER SYSTEMS › Chapter 246-274 - Greywater reuse for subsurface irrigation › Section 246-274-460 - Waivers

Current through Register Vol. 24-14, July 15, 2024
The local health officer may grant a waiver from specific
				  requirements of this chapter if he or she determines:
(1) That the waiver requested is the minimum
				deviation from the specific requirements of this chapter that is necessary for
				the conditions; and
(2) The
				alternative approach proposed by the person requesting the waiver is consistent
				with the requirements and intent of these rules.
Statutory Authority: RCW 90.46.015. 11-02-011, §
					 246-274-460, filed 12/28/10, effective
					 7/31/11.
Washington Administrative Code › Title 246 - Health, Department of › SEWER SYSTEMS › Chapter 246-274 - Greywater reuse for subsurface irrigation › Section 246-274-465 - Effective date

Current through Register Vol. 24-14, July 15, 2024
This chapter shall take effect on July 31,
				  2011.
Statutory Authority: RCW 90.46.015. 11-02-011, §
					 246-274-465, filed 12/28/10, effective
					 7/31/11.
Washington Administrative Code › Title 246 - Health, Department of › SHELLFISH › Chapter 246-280 - Recreational shellfish beaches › Section 246-280-001 - Authority, purpose, and scope

Current through Register Vol. 24-14, July 15, 2024
(1)
				Authority. Under the authority of
				RCW
				43.20.050, powers and duties of state board
				of health, these regulations are hereby established as minimum requirements for
				the monitoring and classification of recreational shellfish beaches.
(2) Purpose. It is the purpose of chapter
				246-280 WAC to protect public health and establish procedures for evaluating
				the sanitary quality of recreational shellfish beaches.
(3) Scope.
(a) These regulations shall apply to
				recreational shellfish beaches under public ownership. Commercial shellfish
				harvest, even though it may occur on publicly owned beaches, is governed by
				chapter 246-282 WAC and chapter 69.30 RCW.
(b) These regulations shall apply to
				recreationally harvested shellfish on privately owned beaches when the general
				public has unlimited access to beaches for recreational shellfishing. The
				department may evaluate and monitor these privately owned beaches if the
				department determines it to be in the public interest.
Washington Administrative Code › Title 246 - Health, Department of › SHELLFISH › Chapter 246-280 - Recreational shellfish beaches › Section 246-280-015 - General administration

Current through Register Vol. 24-14, July 15, 2024
(1) The
				department and the health officer for each local health jurisdiction shall
				develop a joint plan of operation designating the roles of each agency for
				administering chapter 246-280 WAC. This plan shall:
(a) Specifically designate those recreational
				shellfish beaches included in the joint plan;
(b) Establish whether the department or the
				health officer shall assume primary responsibility for an identified
				beach;
(c) Provide for a minimum
				acceptable frequency of beach evaluation;
(d) Specify who has responsibility for water
				quality studies, sanitary surveys, PSP monitoring, beach classification, and
				public notification;
(e) Be signed
				by the secretary and the chairperson of the local board of health;
(f) Be updated as needed to ensure proper
				operation of the plan; and
(g)
				Identify a process for implementing remedial actions to correct pollution
				sources where deemed appropriate by the department for those beaches classified
				as closed or conditionally open.
Washington Administrative Code › Title 246 - Health, Department of › SHELLFISH › Chapter 246-280 - Recreational shellfish beaches › Section 246-280-020 - Recreational shellfish beach classification

Current through Register Vol. 24-14, July 15, 2024
(1) The department or the health officer for
				each local health jurisdiction as designated in the joint plan of operation,
				under WAC
				246-280-015, shall classify
				recreational shellfish beaches, based on the risk to public health from
				consuming shellfish. After completing an initial classification, the department
				or the health officer for each local health jurisdiction shall make an annual
				update based on the additional data collected during the year.
(2) The joint plan of operation's criteria
				used to classify beaches shall include the following:
(a) Water quality data;
(b) A sanitary survey of pollution sources;
				and
(c) A review of natural and
				synthetic toxins, including PSP.
Washington Administrative Code › Title 246 - Health, Department of › SHELLFISH › Chapter 246-280 - Recreational shellfish beaches › Section 246-280-030 - Water quality criteria and standards

Current through Register Vol. 24-14, July 15, 2024
(1) The department shall classify the beach
				as open when the following three conditions are met:
(a) The marine water covering a recreational
				shellfish beach shall not exceed a geometric mean value of fourteen fecal
				coliform bacteria/100 ml of water. In addition, not more than ten percent of
				the individual water samples may exceed forty-three fecal coliform bacteria/100
				ml of water. The geometric mean value shall be calculated on no less than
				fifteen samples for each water quality station;
(b) Upon completion of a sanitary survey,
				there are no major sources of pollution of public health significance
				identified as affecting the beach; and
(c) Natural and synthetic toxin levels shall
				not exceed established standards.
Washington Administrative Code › Title 246 - Health, Department of › SHELLFISH › Chapter 246-280 - Recreational shellfish beaches › Section 246-280-060 - Recreational shellfish beach sanitary survey

Current through Register Vol. 24-14, July 15, 2024
In addition to the evaluation of the shellfish growing
				  waters, and before establishing a classification for the beach, the department
				  shall conduct a sanitary survey of the shoreline and upland areas located
				  adjacent to recreational shellfish beaches. The sanitary survey shall be
				  updated as necessary to reflect changes in shoreline and upland sanitary
				  conditions. A sanitary survey shall consist of:
(1) Identifying and evaluating point source
				discharges in the vicinity of the beach;
(2) Evaluating all on-site sewage disposal
				systems in the survey area; and
(3)
				Evaluating impacts from other nonpoint sources in the area, such as animal
				waste and storm water.
Statutory Authority: RCW 43.20.050. 91-02-051 (Order 124B),
					 recodified as § 246-280-060, filed 12/27/90, effective 1/31/91. Statutory
					 Authority: Chapter 90.70 RCW. 89-20-020 (Order 335), § 248-52-060, filed
					 9/27/89, effective 10/28/89.
Washington Administrative Code › Title 246 - Health, Department of › SHELLFISH › Chapter 246-280 - Recreational shellfish beaches › Section 246-280-070 - PSP monitoring of recreational beaches

Current through Register Vol. 24-14, July 15, 2024
(1) The department shall conduct a paralytic
				shellfish poisoning (PSP) monitoring program for recreational shellfish
				beaches.
(2) The department shall
				coordinate the monitoring program with the health officer. The joint plan of
				operation developed between the department and the health officer shall include
				the following elements:
(a) A sampling
				schedule which includes the beaches sampled and the frequency of the
				sampling;
(b) Designation of
				responsibility for a sample collection; and
(c) A system of establishing beach closures
				due to PSP which includes:
(i) Closing the
				beach when the level of toxin exceeds 80 micrograms of toxin per 100 grams of
				shellfish meat;
(ii) Maintaining
				the beach closure until two consecutive samples of the same species test below
				the standard of 80 micrograms of toxin per 100 grams of shellfish meat;
				and
(iii) Closing beaches suspected
				of posing a PSP threat to public health when they are located in a PSP-impacted
				area that cannot be sampled on a frequent basis. The beaches shall remain
				closed until samples verify the area is safe to reopen.
Washington Administrative Code › Title 246 - Health, Department of › SHELLFISH › Chapter 246-282 - Sanitary control of shellfish › Section 246-282-001 - Scope and purpose

Current through Register Vol. 24-14, July 15, 2024
These requirements, as authorized under chapter 69.30 RCW,
				  establish minimum performance standards for the growing, harvesting,
				  processing, packing, storage, transporting, and selling of shellfish for human
				  consumption. These requirements do not apply to persons who conduct activities
				  limited to:
(1) Retail food service,
				in compliance with the requirements of chapter 246-215 WAC, Food
				service;
(2) Personal use, in
				compliance with requirements of chapters 77.32 RCW, Licenses, and 77.15 RCW,
				Fish and wildlife enforcement code; and
(3) Transporting as a common carrier of
				freight.
Statutory Authority: RCW 69.30.030 and 43.20.030.
					 01-04-054, § 246-282-001, filed 2/5/01, effective 3/8/01. Statutory
					 Authority:
					 RCW
					 43.20.050. 91-02-051 (Order 124B), recodified
					 as § 246-282-001, filed 12/27/90, effective 1/31/91. Statutory Authority:
					 RCW
					 69.30.030. 78-08-059 (Order 163), §
					 248-58-001, filed 7/24/78; Regulation 58.001, effective
					 3/11/60.
Washington Administrative Code › Title 246 - Health, Department of › SHELLFISH › Chapter 246-282 - Sanitary control of shellfish › Section 246-282-005 - Minimum performance standards

Current through Register Vol. 24-14, July 15, 2024
(1)
				Any person engaged in a shellfish operation or possessing a commercial quantity
				of shellfish or any quantity of shellfish for sale for human consumption must
				comply with and is subject to:
(a) The
				requirements of the U.S. Food and Drug Administration National Shellfish
				Sanitation Program (NSSP), Guide for the Control of Molluscan Shellfish (2019)
				(copies available through the U.S. Food and Drug Administration, Shellfish
				Sanitation Branch, and the Washington state department of health, office of
				shellfish and water protection);
(b) The provisions of 21 Code of Federal
				Regulations (C.F.R.), Part 123 - Fish and Fishery Products, adopted December
				18, 1995, by the United States Food and Drug Administration, regarding Hazard
				Analysis Critical Control Point (HACCP) plans (copies available through the
				U.S. Food and Drug Administration, Office of Seafood, and the Washington state
				department of health, office of food safety and shellfish programs);
				and
(c) All other provisions of
				this chapter.
Washington Administrative Code › Title 246 - Health, Department of › SHELLFISH › Chapter 246-282 - Sanitary control of shellfish › Section 246-282-006 - Washington state Vibrio parahaemolyticus control plan

Current through Register Vol. 24-14, July 15, 2024
(1) This section establishes the Washington
				state
Vibrio parahaemo-lyticus
control plan (control plan) for
				the months of May 1st through September 30th (control months). The requirements
				of this section are an extension of the NSSP Model Ordinance.
(2) All harvesters and shellfish dealers
				harvesting or delivering oysters to a certified shucker packer for shucking or
				postharvest processing (PHP) during the control months must label the oysters
				with a harvest tag stating "For shucking by a certified dealer" or "For PHP by
				a certified dealer." Oysters harvested and tagged in compliance with this
				subsection are exempt from subsections (3) through (20) of this
				section.
(3)The following
				definitions apply throughout this section:
(a) "Single-source
Vibrio
				parahaemolyticus
case" or "case" means a laboratory-confirmed
Vibrio parahaemolyti-cus
-associated illness or illnesses with
				a common exposure that are reported to the department. The case must:
(i) Be associated with commercially harvested
				shell-stock;
(ii) Not involve
				documented postharvest abuse; and
(iii) Be traced back to a single growing
				area.
Washington Administrative Code › Title 246 - Health, Department of › SHELLFISH › Chapter 246-282 - Sanitary control of shellfish › Section 246-282-010 - Definitions

Current through Register Vol. 24-14, July 15, 2024
The following definitions, as well as those in the NSSP
				  Model Ordinance, apply in the interpretation and the implementation of these
				  rules and regulations.
(1) "Abatement"
				means an action or series of actions to eliminate a public health hazard or
				reduce it to a level acceptable to the secretary.
(2) "Approved" means acceptable to the
				secretary based on the department's determination as to conformance with
				appropriate standards and good public health practice.
(3) "Approved laboratory" means a laboratory
				that is in conformance with requirements of the NSSP Model Ordinance.
(4) "Certificate of approval" means a license
				issued by the department.
(5)
				"Civil penalty" means a monetary penalty administratively issued by the
				secretary. It does not include any criminal penalty; damage assessment; wages,
				premiums, or taxes owed; or interest or late fees on any existing
				obligation.
(6) "Commercial
				quantity" means any quantity exceeding:
(a)
				Forty pounds of mussels;
(b) One
				hundred oysters;
(c) Fourteen horse
				clams;
(d) Six geoducks;
				or
(e) Fifty pounds of other hard
				or soft shell clams; or
(f) Fifty
				pounds of scallops.
Washington Administrative Code › Title 246 - Health, Department of › SHELLFISH › Chapter 246-282 - Sanitary control of shellfish › Section 246-282-012 - Certificates of approval - Operation licenses, harvest site certificates

Current through Register Vol. 24-14, July 15, 2024
(1) The department
				issues two types of certificates of approval to persons who conduct shellfish
				operations. They are shellfish operation licenses and harvest site
				certificates.
(2) Any person who
				possesses a commercial quantity of shellfish or any quantity of shellfish for
				sale for human consumption must possess, or act on behalf of a person who
				possesses, a valid shellfish operation license. To obtain a shellfish operation
				license, a person must:
(a) Submit to the
				department a completed application on a form developed by the
				department;
(b) Submit to the
				department an acceptable written plan of operations that completely describes
				the shellfish operation;
(c) Pass a
				preoperational inspection demonstrating compliance with chapter 69.30 RCW, this
				chapter, and the NSSP Model Ordinance; and
(d) Pay the department any shellfish
				operation license fee required by this chapter.
Washington Administrative Code › Title 246 - Health, Department of › SHELLFISH › Chapter 246-282 - Sanitary control of shellfish › Section 246-282-014 - Operating provisions

Current through Register Vol. 24-14, July 15, 2024
(1) Any person
				who possesses a commercial quantity of shellfish or any quantity of shellfish
				for sale for human consumption must display a photocopy or original of a valid
				shellfish operation license, upon request, to any authorized representative of
				the department, a fish and wildlife patrol officer, or an ex officio patrol
				officer. Failure to do so subjects the person to the penalty provisions of this
				chapter, as well as immediate seizure of the shellfish by the representative or
				officer.
(2) Any person who
				harvests a commercial quantity of shellfish or any quantity of shellfish for
				sale for human consumption must display a photocopy or original of a valid
				harvest site certificate, upon request, to any authorized representative of the
				department, a fish and wildlife patrol officer, or an ex officio patrol
				officer. Failure to do so subjects the person to the penalty provisions of this
				chapter, as well as immediate seizure of the shellfish by the representative or
				officer.
(3) Any person who places
				a commercial quantity of shellfish or any quantity of shellfish for sale for
				human consumption in containers at a harvest site must do so only at a site for
				which the person possesses a valid harvest site certificate.
(4) The owner(s) of a shellfish operation
				must designate an individual as the person in charge of the operation. The
				owner(s) of a shellfish operation that includes one or more harvest sites may
				designate a different individual as the person in charge of the operation's
				harvest site(s) than the individual designated as the person in charge of all
				other phases of the shellfish operation.
(5) The owner(s) and the designated person in
				charge of a shellfish operation must:
(a)
				Ensure that at least one individual harvesting shellfish on behalf of the
				operation at each harvest site carry a copy of both the operation license and
				the harvest site certificate designating that the site is approved by the
				department for harvesting by that operation;
(b) Furnish shellfish tags meeting the
				requirements of chapter 69.30 RCW, these rules, and the NSSP Model Ordinance to
				those individuals harvesting on behalf of the operation;
(c) Ensure, by supervision at harvest sites
				or other adequate means, that those individuals working on behalf of the
				operation harvest only from harvest sites approved by the department for the
				operation; and
(d) Notify the
				department if an owner or person in charge has reason to believe that any
				individual is using the operation's tags, shellfish operation license, or
				harvest site certificate for any purpose other than one approved by the
				department.
Washington Administrative Code › Title 246 - Health, Department of › SHELLFISH › Chapter 246-282 - Sanitary control of shellfish › Section 246-282-016 - Aquaculture

Current through Register Vol. 24-14, July 15, 2024
Any person who conducts an aquaculture operation and is in
				  possession of a commercial quantity of shellfish or any quantity of shellfish
				  for sale for human consumption must meet all requirements of this
				  chapter.
Statutory Authority:
					 RCW
					 69.30.030 and
					 43.20.030. 01-04-054, §
					 246-282-016, filed 2/5/01, effective
					 3/8/01.
Washington Administrative Code › Title 246 - Health, Department of › SHELLFISH › Chapter 246-282 - Sanitary control of shellfish › Section 246-282-020 - Growing areas

Current through Register Vol. 24-14, July 15, 2024
(1) Any person who
				harvests a commercial quantity of shellfish or any quantity of shellfish for
				sale for human consumption must do so only from a harvest site that meets one
				or more of the following conditions:
(a) The
				department has classified the growing area as "approved" or "conditionally
				approved," according to provisions of the NSSP Model Ordinance and the harvest
				site is in open status at the time of harvest;
(b) The department has approved the harvest
				site according to provisions of a permit for relay, wild seed, or
				bait;
(c) The harvest site is used
				for shellfish activities limited to a hatchery or a nursery operation handling
				only seed obtained from a hatchery; or
(d) The harvest site is used for shellfish
				activities limited to the initial harvest of seed attached to containerized
				empty shellfish shells or other cultch material.
Washington Administrative Code › Title 246 - Health, Department of › SHELLFISH › Chapter 246-282 - Sanitary control of shellfish › Section 246-282-032 - Relay permit

Current through Register Vol. 24-14, July 15, 2024
(1) The department
				will issue a relay permit to a person to move shellfish from a harvest site in
				a growing area classified as "restricted" or "conditionally approved" in closed
				status meeting the criteria for "restricted" classification, if all of the
				following conditions are met.
(a) The person
				possesses a valid shellfish operation license.
(b) The person possesses a valid harvest site
				certificate listing both the initial harvest site and the grow-out
				site.
(c) The initial harvest site
				and grow-out site meet the requirements for relay specified in this chapter and
				the NSSP Model Ordinance.
(d) The
				person submits a completed written application and plan of operations approved
				by the department completely describing the procedures and conditions of the
				relay operation.
(e) The person
				conducts and documents a separate validation study approved by the department
				for each of the following periods of time when shellfish will be relayed:
(i) May 1 through October 31; and
(ii) November 1 through April 30.
(f) The person pays the department
				a relay permit application fee or renewal fee as required by this
				chapter.
Washington Administrative Code › Title 246 - Health, Department of › SHELLFISH › Chapter 246-282 - Sanitary control of shellfish › Section 246-282-034 - Wild seed permit

Current through Register Vol. 24-14, July 15, 2024
(1) The department
				will issue a wild seed permit to a person to move shellfish from a harvest site
				in a growing area classified by the department as "conditionally approved" in
				closed status, "restricted," or "prohibited," if all of the following
				conditions are met.
(a) The person possesses
				a valid shellfish operation license.
(b) The person possesses a harvest site
				certificate listing both the initial harvest site for the seed and the grow-out
				site.
(c) The original harvest site
				has acceptable levels of poisonous chemicals, is not in an area known to be a
				hazardous chemical disposal site, and is not in a closure zone of a wastewater
				treatment plant or marina.
(d) The
				grow-out site is in a natural body of water classified by the department as
				"approved" or "conditionally approved."
(e) The person submits a completed written
				application and plan of operations approved by the department completely
				describing the procedures of the wild seed operation, including the size
				distribution of the seed.
(f) The
				person pays the department a wild seed permit application fee or renewal fee as
				required by this chapter.
Washington Administrative Code › Title 246 - Health, Department of › SHELLFISH › Chapter 246-282 - Sanitary control of shellfish › Section 246-282-036 - Bait permit

Current through Register Vol. 24-14, July 15, 2024
(1) The department
				will approve and issue a bait permit to a person to harvest shellfish from a
				harvest site in a growing area classified by the department as "prohibited,"
				"restricted," or "conditionally approved" in closed status if all of the
				following conditions are met.
(a) The person
				possesses a valid shellfish operation license.
(b) The person possesses a valid harvest site
				certificate for the site.
(c) The
				harvest site is not impacted by biotoxin levels that would cause the department
				to close it for harvest for human consumption.
(d) The person submits a completed written
				application and plan of operations approved by the department completely
				describing the procedures of the bait operation.
(e) The person pays the department a bait
				permit application fee or renewal fee as required by this chapter.
Washington Administrative Code › Title 246 - Health, Department of › SHELLFISH › Chapter 246-282 - Sanitary control of shellfish › Section 246-282-042 - Wet storage permit

Current through Register Vol. 24-14, July 15, 2024
(1) Any
				person who wet stores a commercial quantity of shellfish or any quantity of
				shellfish for sale for human consumption must have a written plan of
				operations, approved by the department, completely describing the
				activity.
(2) A person licensed as
				a harvester may wet store only in a natural body of water that is part of the
				same growing area as the harvest site of the shellfish.
(3) Any person who operates a recirculating
				or flow-through wet storage system must possess a wet storage permit issued by
				the department. A wet storage permit will be issued to a person for a
				recirculating or flow-through wet storage system if the person:
(a) Possesses a valid shellfish operation
				license;
(b) Submits a completed
				written application and plan of operations to the department completely
				describing the procedures of the wet storage operation;
(c) Documents that the water used for the
				operation meets the requirements of the NSSP Model Ordinance;
(d) Passes an inspection by the department;
				and
(e) Pays the department a wet
				storage application fee or renewal fee as required by this chapter.
Washington Administrative Code › Title 246 - Health, Department of › SHELLFISH › Chapter 246-282 - Sanitary control of shellfish › Section 246-282-050 - Packing, handling, and storing of shucked shellfish

Current through Register Vol. 24-14, July 15, 2024
(1) Any person who packs, handles, or stores
				shucked shellfish must maintain it at an internal product temperature of
				forty-five degrees Fahrenheit or less beginning within three hours after it is
				shucked.
(2) Any person who
				operates a shucked shellfish repacking plant must meet all the requirements
				specified in this chapter and the NSSP Model Ordinance for packing
				plants.
Statutory Authority: RCW 69.30.030 and 43.20.030.
					 01-04-054, § 246-282-050, filed 2/5/01, effective 3/8/01. Statutory
					 Authority:
					 RCW
					 43.20.050. 91-02-051 (Order 124B), recodified
					 as § 246-282-050, filed 12/27/90, effective 1/31/91. Statutory Authority:
					 RCW
					 69.30.030. 78-08-059 (Order 163), §
					 248-58-040, filed 7/24/78; Regulation 58.040, effective
					 3/11/60.
Washington Administrative Code › Title 246 - Health, Department of › SHELLFISH › Chapter 246-282 - Sanitary control of shellfish › Section 246-282-060 - Personal health and cleanliness

Current through Register Vol. 24-14, July 15, 2024
(1)
				Any person ill with or the carrier of a communicable disease which is
				transmissible through food and is in the infectious stage may not work in any
				growing area, shucking, packing or repacking plant in any capacity where that
				person might contaminate the shellfish or food contact surfaces with pathogenic
				organisms. The owner, the person in charge, and the employee are all
				responsible for compliance with the requirements of this section.
(2) Any person who is an owner, a person in
				charge, or an employee of a shellfish operation must practice good personal
				cleanliness while handling shellfish. These persons must wash their hands
				thoroughly with soap and water before starting to handle shellfish and as often
				as is necessary to remove filth and soil that might contaminate
				shellfish.
(3) If the department
				determines by investigation that an owner or employee of a shellfish operation
				might be the source of a foodborne illness transmitted through shellfish, then
				the secretary may require medical examination of that person and laboratory
				examination of clinical specimens from that person to determine presence of
				infection. Any person failing to obtain an examination required by the
				secretary may not work for a shellfish operation, for a period of time the
				department determines that person could be infectious, in any capacity that
				could result in contamination of shellfish with pathogenic organisms.
Statutory Authority: RCW 69.30.030 and 43.20.030.
					 01-04-054, § 246-282-060, filed 2/5/01, effective 3/8/01. Statutory
					 Authority:
					 RCW
					 43.20.050. 91-02-051 (Order 124B), recodified
					 as § 246-282-060, filed 12/27/90, effective 1/31/91. Statutory Authority:
					 RCW
					 69.30.030. 78-08-059 (Order 163), §
					 248-58-050, filed 7/24/78; Regulation 58.050, effective
					 3/11/60.
Washington Administrative Code › Title 246 - Health, Department of › SHELLFISH › Chapter 246-282 - Sanitary control of shellfish › Section 246-282-070 - Construction and maintenance

Current through Register Vol. 24-14, July 15, 2024
(1) All
				owners and persons in charge of shellfish operations must arrange their
				physical facilities to aid in the flow of shellfish products through all
				handling, processing, and storage areas in a manner that will minimize
				contamination of the shellfish.
(2)
				Any owner of a shellfish operation must submit to the department for
				consultation properly prepared plans and specifications of physical facilities
				for shellfish processing or sanitation activities at least thirty days before
				the facilities are:
(a) Originally
				constructed;
(b) Converted from
				another use; or
(c) Extensively
				remodeled to the extent that a plan for a building permit is required by the
				city or county where located.
Washington Administrative Code › Title 246 - Health, Department of › SHELLFISH › Chapter 246-282 - Sanitary control of shellfish › Section 246-282-080 - Identification and records

Current through Register Vol. 24-14, July 15, 2024
(1) Any person
				who possesses a commercial quantity of shellfish or any quantity of shellfish
				for sale for human consumption must possess a written record documenting that
				the shellfish came from one or more of the following sources:
(a) Harvest site(s) for which the person
				possesses a valid harvest site certificate;
(b) Another shellfish operation licensed by
				the department; or
(c) A shellfish
				dealer located outside of the state who is in compliance with the requirements
				of the NSSP Model Ordinance and is eligible for inclusion on the current
				Interstate Certified Shellfish Shippers List, published by the U.S. Food and
				Drug Administration.
Washington Administrative Code › Title 246 - Health, Department of › SHELLFISH › Chapter 246-282 - Sanitary control of shellfish › Section 246-282-082 - Export certificate

Current through Register Vol. 24-14, July 15, 2024
The department will issue an export certificate to a
				  shellfish dealer for a specific lot of shellfish if the dealer:
(1) Is exporting the lot to an Asian country
				that requires a production certificate from a governmental health
				authority;
(2) Possesses a
				shellfish operation license issued by the secretary;
(3) Is in compliance with the requirements of
				chapter 69.30 RCW, this chapter, and the NSSP Model Ordinance;
(4) Completes an application specified by the
				department;
(5) Documents use of
				each export certificate as specified by the department; and
(6) Pays the department any fee for each
				export certificate required by this chapter.
Statutory Authority: RCW 69.30.030 and 43.20.030.
					 01-04-054, § 246-282-082, filed 2/5/01, effective
					 3/8/01.
Washington Administrative Code › Title 246 - Health, Department of › SHELLFISH › Chapter 246-282 - Sanitary control of shellfish › Section 246-282-092 - Inspection by department

Current through Register Vol. 24-14, July 15, 2024
(1) The
				department enters and inspects any harvest site, physical facility, vehicle or
				vessel used by a shellfish operation as often as necessary to determine
				compliance with chapter 69.30 RCW, this chapter, and the NSSP Model
				Ordinance.
(2) The department
				inspects each shellfish operation:
(a) A
				minimum of once per year;
(b)
				Before issuing a new shellfish operation license to a person;
(c) Before a shellfish operation uses any
				physical facility for the first time; and
(d) Before the shellfish operation uses any
				extensively remodeled physical facility.
Washington Administrative Code › Title 246 - Health, Department of › SHELLFISH › Chapter 246-282 - Sanitary control of shellfish › Section 246-282-100 - Notice of decision - Adjudicative proceeding

Current through Register Vol. 24-14, July 15, 2024
(1) The department's notice of a denial,
				suspension, modification, or revocation of a license is consistent with
				RCW
				43.70.115. An applicant or license holder has
				the right to an adjudicative proceeding to contest the decision.
(2) The department's notice of imposition of
				a civil penalty is consistent with
				RCW
				43.70.095. A person upon whom the department
				imposes a civil fine has the right to an adjudicative proceeding to contest the
				decision.
(3) A license applicant
				or holder or a person upon whom the department imposes a civil penalty, may
				contest a department decision, within twenty-eight days of receipt of the
				decision by filing a written application for an adjudicative proceeding by a
				method showing proof of receipt with the administrative hearings unit,
				department of health. The person must include the following in or with the
				application:
(a) A specific statement of the
				issue or issues and law involved;
(b) The grounds for contesting the department
				decision; and
(c) A copy of the
				contested department decision.
Washington Administrative Code › Title 246 - Health, Department of › SHELLFISH › Chapter 246-282 - Sanitary control of shellfish › Section 246-282-102 - Denial, revocation, suspension of license, certificate, or permit - Civil penalties

Current through Register Vol. 24-14, July 15, 2024
(1) The
				department may deny, revoke, or suspend a shellfish operation license, harvest
				site certificate, or permit and may assess a civil penalty if a person:
(a) Fails to comply with any of the
				provisions of chapter 69.30 RCW, these rules, and the NSSP Model
				Ordinance;
(b) Refuses an
				inspection by the department;
(c)
				Harvests shellfish from any harvest site for which the secretary has not issued
				a harvest site certificate to the person;
(d) Knowingly obtains shellfish from a person
				who is not in compliance with any requirements of chapter 69.30 RCW, this
				chapter, or the NSSP Model Ordinance;
(e) Makes false statements or
				misrepresentations to the department during any investigation, inspection, or
				application for a shellfish operation license or any permit required by these
				rules;
(f) Makes false statements
				or misrepresentations to the department during any investigation, inspection,
				or application for a shellfish harvest site certificate;
(g) Fails to cooperate with the department or
				the department of fish and wildlife during an investigation;
(h) Aids another person in violating any
				requirement of chapter 69.30 RCW, these rules, or the NSSP Model
				Ordinance;
(i) Provides the
				department with false or fraudulent records of the shellfish
				operation;
(j) Transfers or
				reassigns a shellfish operation license to another person without the written
				approval of the department; or
(k)
				Fails to comply with the terms of a conditional area management plan, shellfish
				operation license, harvest site certificate, or any permit required by this
				chapter.
Washington Administrative Code › Title 246 - Health, Department of › SHELLFISH › Chapter 246-282 - Sanitary control of shellfish › Section 246-282-104 - Penalty assignment - Calculation of penalty and proportionate adjustment - Aggravating and mitigating factors

Current through Register Vol. 24-14, July 15, 2024
(1)
				The department calculates an appropriate penalty based on the following
				factors:
(a) The level of threat to public
				health;
(b) The number of previous
				violations attributed to the violator; and
(c) The presence of aggravating or mitigating
				factors.
Washington Administrative Code › Title 246 - Health, Department of › SHELLFISH › Chapter 246-282 - Sanitary control of shellfish › Section 246-282-110 - Administrative provisions

Current through Register Vol. 24-14, July 15, 2024
(1) If the
				department finds during an inspection that any owner or person working on
				behalf of a shellfish operation fails to comply with any requirements of
				chapter 69.30 RCW, this chapter, or the NSSP Model Ordinance, then the
				department may issue a written statement of deficiencies or notice of
				correction to the owner, person in charge, or other employee of the operation
				who is present.
(a) The statement of
				deficiencies or notice of correction specifies the manner in which the
				operation fails to comply with chapter 69.30 RCW and these rules. It specifies
				a reasonable period of time for the owner or person in charge to correct the
				violation(s).
(b) In the event the
				owner or person in charge fails to correct the violation(s) specified in the
				statement of deficiencies, the department may revoke the license and
				certificate of compliance for that shellfish operation or may initiate any
				other enforcement proceeding authorized by law.
Washington Administrative Code › Title 246 - Health, Department of › SHELLFISH › Chapter 246-282 - Sanitary control of shellfish › Section 246-282-120 - Penalty clause

Current through Register Vol. 24-14, July 15, 2024
Any person found violating any of the provisions of these
				  regulations or chapter 69.30 RCW is guilty of a gross misdemeanor, and upon
				  conviction will be subject to:
(1) A
				fine; or
(2) Imprisonment in the
				county jail of the county in which the offense was committed; or
(3) Both fine and imprisonment.
Statutory Authority: RCW 69.30.030 and 43.20.030.
					 01-04-054, § 246-282-120, filed 2/5/01, effective 3/8/01. Statutory
					 Authority:
					 RCW
					 43.20.050. 91-02-051 (Order 124B), recodified
					 as § 246-282-120, filed 12/27/90, effective 1/31/91. Statutory Authority:
					 RCW
					 69.30.030 and
					 43.20.050. 85-21-048 (Order 296),
					 § 248-58-500, filed 10/14/85. Statutory Authority: RCW 69.30.030.
					 78-08-059 (Order 163), § 248-58-500, filed
					 7/24/78.
Washington Administrative Code › Title 246 - Health, Department of › SHELLFISH › Chapter 246-282 - Sanitary control of shellfish › Section 246-282-130 - Separability clause

Current through Register Vol. 24-14, July 15, 2024
Should any section, paragraph, clause or phrase of these
				  rules and regulations be declared unconstitutional or invalid for any reason,
				  the remainder of these rules and regulations are not
				  affected.
Statutory Authority: RCW 69.30.030 and 43.20.030.
					 01-04-054, § 246-282-130, filed 2/5/01, effective 3/8/01. Statutory
					 Authority:
					 RCW
					 43.20.050. 91-02-051 (Order 124B), recodified
					 as § 246-282-130, filed 12/27/90, effective 1/31/91. Statutory Authority:
					 RCW
					 69.30.030. 78-08-059 (Order 163), §
					 248-58-900, filed 7/24/78.
Washington Administrative Code › Title 246 - Health, Department of › SHELLFISH › Chapter 246-282 - Sanitary control of shellfish › Section 246-282-990 - Fees

Current through Register Vol. 24-14, July 15, 2024
(1) Annual
				shellfish operation license fees are:
Type of Operation
Annual Fee
Harvester
$263
Shellstock Shipper
0 - 49 Acres
$297
50 or greater Acres
$476
Scallop Shellstock Shipper
$297
Shucker-Packer
Plants with floor space [GREATER THAN]2000 sq.
								ft.
$542
Plants with floor space 2000 sq. ft. to 5000 sq.
								ft.
$656
Plants with floor space [LESS THAN] 5000 sq.
								ft.
$1,210
(2)
				The fee for each export certificate is $55.00.
(3) Annual biotoxin testing fees for
				companies harvesting species other than geoduck intertidally (between the
				extremes of high and low tide) are as follows:
Fee Category
Type of
								Operation
Number of Harvest
								Sites
Fee
Harvester
[LESS THAN EQUAL TOO]2
$353
Harvester
3 or more
$535
Shellstock Shipper Wholesale
Company
$198
Shellstock Shipper 0 - 49 acres
[LESS THAN EQUAL TOO]2
$393
Shellstock Shipper 0 - 49 acres
3 or more
$610
Shellstock Shipper
50 or greater acres
N/A
$961
Shucker-Packer
(plants [GREATER THAN]2000
								ft2)
[LESS THAN EQUAL TOO]2
$752
Shucker-Packer
(plants [GREATER THAN]2000
								ft2)
3 or more
$1,076
Shucker-Packer
[LESS THAN EQUAL TOO]2
$882
(plants 2000 - 5000
								ft2)
Shucker-Packer
3 or more
$1,297
(plants 2000 - 5000
								ft2)
Shucker-Packer
(plants [LESS THAN] 5000
								ft2)
N/A
$2,412
(a) The number
				of harvest sites will be the total number of harvest sites on the licensed
				company's harvest site certificate:
(i) At the
				time of first licensure; or
(ii)
				January 1st of each year for companies licensed as harvesters; or
(iii) July 1st of each year for companies
				licensed as shellstock shippers and shucker packers.
Washington Administrative Code › Title 246 - Health, Department of › WATER SYSTEMS › Chapter 246-290 - Group A public water supplies › Part 1 - GENERAL PROVISIONS › Section 246-290-001 - Purpose and scope

Current through Register Vol. 24-14, July 15, 2024
(1) The purpose of
				  this chapter is to define basic regulatory requirements and to protect the
				  health of consumers using public drinking water supplies.
(2) The rules of this chapter are
				  specifically designed to set requirements for:
(a) Adequate design, construction, sampling,
				  management, maintenance, and operation practices; and
(b) Provision of safe and high-quality
				  drinking water in a reliable manner and in a quantity suitable for intended
				  use.
Washington Administrative Code › Title 246 - Health, Department of › WATER SYSTEMS › Chapter 246-290 - Group A public water supplies › Part 1 - GENERAL PROVISIONS › Section 246-290-002 - Guidance

Current through Register Vol. 24-14, July 15, 2024
(1) The department
				  has numerous guidance documents available to help purveyors comply with state
				  and federal rules regarding drinking water. These include documents on the
				  following subjects:
(a) Compliance;
(b) Consumer and public education;
(c) Contaminants;
(d) Cross-connection control and backflow
				  prevention;
(e) Emergency response
				  and drinking water security;
(f)
				  Engineering design and water treatment;
(g) Financial assistance and state revolving
				  fund (SRF);
(h) General
				  information;
(i) Groundwater
				  protection;
(j) Growth
				  management;
(k) Operations and
				  maintenance;
(l) Operator
				  certification;
(m) Planning and
				  financial viability;
(n)
				  Regulations;
(o) Small water
				  systems;
(p) System
				  approval;
(q) Water quality
				  monitoring and source protection;
(r) Water system planning; and
(s) Water use efficiency.
Washington Administrative Code › Title 246 - Health, Department of › WATER SYSTEMS › Chapter 246-290 - Group A public water supplies › Part 1 - GENERAL PROVISIONS › Section 246-290-010 - Definitions, abbreviations, and acronyms

Current through Register Vol. 24-14, July 15, 2024
The definitions in this section apply throughout this
					 chapter unless the context clearly indicates otherwise.
(1) "Acute" means posing an immediate risk to
				  human health.
(2) "Adverse effect"
				  means a biological change, functional impairment, or pathologic lesion that may
				  affect the performance of the whole organism or reduce an organism's ability to
				  respond to an additional environmental challenge.
(3) "Alternative filtration technology" means
				  a filtration process for substantial removal of particulates (generally
				  [GREATER THAN] 2-log
Giardia lamblia
cysts and [GREATER THAN
				  EQUAL TO] 2-log removal of
Cryptosporidium
oocysts) by other
				  than conventional, direct, diatomaceous earth, or slow sand filtration
				  processes.
(4) "Analogous treatment
				  system" means an existing water treatment system that has unit processes and
				  source water quality characteristics that are similar to a proposed treatment
				  system.
(5) "ANSI" means the
				  American National Standards Institute.
(6) "Approved air gap (AG)" means a physical
				  separation between the free-flowing end of a potable water supply pipeline and
				  the overflow rim of an open or nonpressurized receiving vessel.
To be an air gap approved by the department, the separation
					 must be at least:
(a) Twice the
				  diameter of the supply piping measured vertically from the overflow rim of the
				  receiving vessel, and in no case be less than one inch, when unaffected by
				  vertical surfaces (sidewalls); and
(b) Three times the diameter of the supply
				  piping, if the horizontal distance between the supply pipe and a vertical
				  surface (sidewall) is less than or equal to three times the diameter of the
				  supply pipe, or if the horizontal distance between the supply pipe and
				  intersecting vertical surfaces (sidewalls) is less than or equal to four times
				  the diameter of the supply pipe and in no case less than one and one-half
				  inches.
Washington Administrative Code › Title 246 - Health, Department of › WATER SYSTEMS › Chapter 246-290 - Group A public water supplies › Part 1 - GENERAL PROVISIONS › Section 246-290-020 - Applicability

Current through Register Vol. 24-14, July 15, 2024
(1) Public water
				  system shall mean any system providing water for human consumption through
				  pipes or other constructed conveyances, excluding a system serving only one
				  single-family residence and a system with four or fewer connections all of
				  which serve residences on the same farm. This term includes:
(a) Collection, treatment, storage, and/or
				  distribution facilities under control of the purveyor and used primarily in
				  connection with the system; and
(b)
				  Collection or pretreatment storage facilities not under control of the
				  purveyor, but primarily used in connection with the system.
Washington Administrative Code › Title 246 - Health, Department of › WATER SYSTEMS › Chapter 246-290 - Group A public water supplies › Part 1 - GENERAL PROVISIONS › Section 246-290-030 - General administration

Current through Register Vol. 24-14, July 15, 2024
(1) The
				  department and the health officer for each local health jurisdiction may
				  develop a joint plan of responsibility. Wherever in this chapter the term
				  "department" is used, the term "health officer" may be substituted based on the
				  terms of this joint plan of responsibility. This plan shall:
(a) List the roles and responsibilities of
				  each agency;
(b) Specifically
				  designate those
Group A
systems for which the department and local
				  health officer have primary responsibility;
(c) Provide for an agreed-to level of public
				  water system oversight;
(d) Be
				  signed by the department and the local health department or district;
				  and
(e) Be reviewed at least once
				  every five years and updated as needed.
Washington Administrative Code › Title 246 - Health, Department of › WATER SYSTEMS › Chapter 246-290 - Group A public water supplies › Part 1 - GENERAL PROVISIONS › Section 246-290-035 - Water system ownership

Current through Register Vol. 24-14, July 15, 2024
(1) The
				  following requirements apply to all newly developed public water systems:
(a) Except for systems proposed within an
				  existing water system's approved service area in a CWSSA and offered service by
				  that existing system, any proposed new public water system must be owned or
				  operated by a department approved satellite management agency (SMA) if one is
				  available;
(b) The approval of any
				  proposed new public water system shall be conditioned upon the periodic review
				  of the system's operational history to determine its ability to meet the
				  department's financial viability and other operating requirements. If, upon
				  periodic review, the department determines the system is in violation of
				  financial viability or other operating requirements, the system shall transfer
				  ownership to an approved SMA or obtain operation and management by an approved
				  SMA, if such ownership or operation and management can be made with reasonable
				  economy and efficiency.