Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-76 - Regulations for compliance with NPDES permit program › Section 463-76-052 - Prohibited discharges

Current through Register Vol. 24-14, July 15, 2024
(1) No discharge regulated under the act shall be made by
				energy facilities subject to the jurisdiction of the council unless authorized
				by an NPDES permit issued pursuant to these regulations.
(2) No NPDES permit may be issued by the council:
(a) When the conditions of the permit do not provide for
				compliance with the applicable requirements of the act, or regulations
				promulgated under the act;
(b) When the applicant is required to obtain a state
				certification under section 401 of the act and  40 C.F.R. 124.53  and that
				certification has not been obtained or waived;
(c) When the imposition of conditions cannot ensure compliance
				with the applicable water quality requirements of Washington state;
(d) For the discharge of any radiological, chemical or
				biological warfare agent or high-level radioactive waste into surface waters of
				the state;
(e) For the discharge of any pollutants which the secretary of
				the Army acting through the chief, Corps of Engineers, finds would
				substantially impair anchorage and navigation in waters subject to the
				jurisdiction of the Corps of Engineers;
(f) For the discharge of any pollutant to which the regional
				administrator has objected in writing pursuant to any right to object provided
				the administrator in section
				402(d) of the
				act;
(g) For discharge from a point source any pollutant which is in
				conflict with the plan or amendment thereto approved pursuant to section
				208(b) of the
				act;
(h) For the discharge of any pollutant subject to a toxic
				pollutant discharge prohibition under section 307 of the act;
(i) For any discharge to the territorial sea, the waters of the
				contiguous zone, or the oceans in the following circumstances:
(i) Before the promulgation of guidelines under section
				403(c) of the
				act, unless the council determines permit issuance to be in the public
				interest;
(ii) After promulgation of guidelines under section
				403(c) of the
				act, when insufficient information exists to make a reasonable judgment whether
				the discharge complies with them;
(j) To a new source or a new discharger, if the discharge from
				its construction or operation will cause or contribute to a violation of water
				quality standards. The owner or operator of a new source or new discharger
				proposing to discharge into a water segment which does not meet applicable
				water quality standards or is not expected to meet those standards even after
				the application of effluent limitations required by sections
				301(b)(1)(A) and
				301(b)(1)(B) of
				the act, and for which the state has performed a pollutants load allocation for
				the pollutant to be discharged, must demonstrate, before the close of comment
				period, that:
(i) There are sufficient remaining pollutant load allocations
				to allow for the discharge; and
(ii) The existing dischargers into that segment are subject to
				compliance schedules designed to bring the segment into compliance with
				applicable water quality standards. The council may waive the submission of
				information by the new source or new discharger required by (j) of this
				subsection if the council determines that the council already has adequate
				information to evaluate the request. An explanation of the development of
				limitations to meet the criteria of this paragraph is to be included in the
				fact sheet;
(k) Discharge any dangerous waste as defined in the Dangerous
				waste regulations, chapter 173-303 WAC, into a subsurface disposal system such
				as a well or drainfield.